THE SEVENTY-FIFTH DAY

                               

 

Carson City (Friday), April 16, 1999

    Assembly called to order at 11:31 a.m.

    Mr. Speaker presiding.

    Roll called.

    All present.

    Prayer by the Chaplain, Reverend Elaine Ludlum Morgan.

    We thank You, God, for Your goodness which is expressed to us in ways we often don't even see.  Please bless those here present with an awareness of Your unfailing love for them.  Help each of us, with thankful hearts, to share Your goodness with those who are struggling.  In body and spirit they need to be shown Your unconditional love.                                  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. 193, 214, 236, 259, 326, 515, 616, 632, 635, 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 Government Affairs, to which were referred Assembly Bills Nos. 62, 160, 298, 424, 566, 590, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Douglas A. Bache, Chairman

Mr. Speaker:

    Your Committee on Health and Human Services, to which were referred Assembly Bills Nos. 249, 280, 373, 533, 573, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Vivian L. Freeman, Chairman

Mr. Speaker:

    Your Committee on Judiciary, to which were referred Assembly Bills Nos. 542, 651, 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 Natural Resources, Agriculture, and Mining, to which were referred Assembly Bills Nos. 490, 509, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Marcia de Braga, Chairman

Mr. Speaker:

    Your Committee on Transportation, to which were referred Assembly Bills Nos. 272, 627, 628, 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

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 passed Assembly Bills Nos. 122, 140, 305, 353; Senate Bills Nos. 484, 522.

    Also, I have the honor to inform your honorable body that the Senate on this day adopted Assembly Concurrent Resolution No. 4.

    Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bills Nos. 42, 44, 45, 55, 75, 132, 210, 216, 334, 336, 365, 374, 379, 387, 403, 418, 431, 435, 437, 535, 542.

                                      Mary Jo Mongelli

                        Assistant Secretary of the Senate

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblyman Perkins moved that Assembly Bills Nos. 62, 160, 193, 214, 236, 249, 259, 272, 280, 298, 326, 373, 424, 490, 509, 515, 533, 542, 566, 573, 590, 616, 627, 628, 632, 635 and 651 be placed on the Second Reading File.

    Motion carried.

    Assemblyman Williams moved that Assembly Bill No. 348 be taken from the Chief Clerk's desk and placed on the Second Reading File.

    Motion carried.

SECOND READING AND AMENDMENT

    Senate Bill No. 149.

    Bill read second time and ordered to third reading.

    Assembly Bill No. 62.

    Bill read second time.

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

    Amendment No. 671.

    Amend section 1, page 1, by deleting lines 2 through 11 and inserting:

    “278.021  1.  [The purpose of this section is to remove obstacles imposed by zoning ordinances, declarations of restrictions, deedrestrictions,restrictive covenants and equitable servitudes which prevent persons who are mentally retarded from living in normal residences.

    2.] In any ordinance adopted by a city or county, the”.

    Amend section 1, page 2, line 17, by deleting:

    “3.  The provisions of subsection 2” and inserting:

    “2.  The provisions of subsection 1”.

    Amend section 1, pages 2 and 3, by deleting lines 22 through 43 on page 2 and lines 1 through 6 on page 3, and inserting:

“to be a home that is operated on a commercial basis for any purposes relating to building codes or zoning.

    [4.  For the purposes of subsection 1, a residence for mentally retarded persons is not a commercial activity.]

    3.  The health division of the department of human resources shall compile and maintain a registry of information relating to each residential facility for groups that exists in this state and shall make available for access on the Internet or its successor, if any, the information contained in the registry. The registry must include with respect to each residential facility for groups:

    (a) The name of the owner of the facility;

    (b) The name of the administrator of the facility;

    (c) The address of the facility; and

    (d) The number of clients for which the facility is licensed.

Any department or agency of a county or city that becomes aware of the existence of a residential facility for groups that is not included in the registry shall transmit such information to the health division, as is necessary, for inclusion in the registry within 30 days after obtaining the information.

    4.  The governing body of a county whose population is 100,000 or more or the governing body of a city in such a county or any department or agency of the city or county shall approve the first application submitted on or after October 1, 1999, to operate a residential facility for groups within a particular neighborhood in the jurisdiction of the governing body, including, without limitation, an application submitted as a result of the change in ownership of a residential facility for groups. If, on or after October 1, 1999, an application is submitted to operate a residential facility for groups that is in addition to the residential facility for groups that has been approved pursuant to paragraph (a) or (b) within 660 feet from an existing residential facility for groups, the governing body shall review the application based on applicable zoning ordinances. Except as a result of a change in ownership of a residential facility for groups on or after October 1, 1999, the requirements of this subsection do not require the relocation or displacement of any residential facility for groups which existed before October 1, 1999, from its location on that date. The provisions of this subsection do not create or impose a presumption that the location of more than one residential facility for groups within 660 feet of each other is inappropriate under all circumstances with respect to the enforcement of zoning ordinances and regulations.”.

    Amend section 1, page 3, line 7, by deleting “7.” and inserting “5.”.

    Amend section 1, page 3, line 10, by deleting “2” and inserting “1”.

    Amend section 1, page 3, between lines 10 and 11, by inserting:

    “6.  The provisions of this section must not be applied in any manner which would result in a loss of money from the Federal Government for programs relating to housing.”.

    Amend section 1, page 3, line 11, by deleting “8.” and inserting “7.”.

    Amend sec. 2, page 3, by deleting lines 33 and 34 and inserting:

    “(d) A facility funded by the [welfare division or the mental hygiene and mental retardation division of the] department of human resources[.]or with which the department of human resources has contracted.”.

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

    “Sec. 3.  This act becomes effective on January 1, 2000, for the purposes of the compilation of the registry required pursuant to subsection 3 of NRS 278.021 as amended by section 1 of this act and on October 1, 1999, for all other purposes.”.

    Amend the title of the bill, third line, by deleting “local governments” and inserting:

“the health division of the department of human resources”.

    Assemblyman Bache moved the adoption of the amendment.

    Remarks by Assemblyman Bache.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 160.

    Bill read second time.

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

    Amendment No. 552.

    Amend sec. 3, page 2, by deleting lines 35 through 40 and inserting:

    “Sec. 3.  1.  Except as otherwise provided in this section, the state fire marshal shall adopt regulations relating to the types of fireworks that a local government may regulate. The types of fireworks that the state fire marshal may authorize must be listed in section 3.1 of Standard 87-1, “Standard for Construction and Approval for Transportation of Fireworks, Novelties and Theatrical Pyrotechnics,” 1993 edition, adopted by the American Pyrotechnics Association, except the state fire marshal shall not authorize the types of fireworks listed in sections 3.1.2 and 3.1.3 of Standard 87-1.”.

    Amend sec. 3, pages 3 and 4, by deleting lines 13 through 42 on page 3 and lines 1 through 5 on page 4, and inserting:

    “4.  As used in this section, “pyrotechnic composition”  means any combination of chemical elements or compounds capable of burning independently of the oxygen in the atmosphere.”.

    Amend sec. 4, page 4, line 6, after “1.” by inserting:

“The state fire marshal has primary authority to enforce the provisions of this chapter regarding fireworks or a regulation adopted thereto.

    2.”.

    Amend sec. 4, page 4, line 16, by deleting “2.” and inserting “3.”.

    Amend sec. 4, page 4, line 18, by deleting “1.” and inserting “2.”.

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

    “Sec. 8.  NRS 269.220 is hereby amended to read as follows:

    269.220 In addition to the powers and jurisdiction conferred by other laws, the town board or board of county commissioners shall have the power and duty to regulate [the] :

    (a) The storage of gunpowder and other explosive or combustible materials[.] ; and

    (b) The manufacture, sale, use, storage and possession of fireworks, if such regulations are at least as restrictive as the regulations adopted by the state fire marshal pursuant to chapter 477 of NRS.”.

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

“authorize for public use;” and inserting “regulate;”.

    Assemblyman Bache moved the adoption of the amendment.

    Remarks by Assemblyman Bache.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 193.

    Bill read second time.

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

    Amendment No. 598.

    Amend sec. 2, page 1, by deleting line 7 and inserting:

“called and utilizes a random or sequential number generator”.

    Amend sec. 3, page 2, line 9, by deleting the period and inserting:

“or regarding other business of the school or school district.”.

    Amend sec. 6, page 3, line 39, by deleting “9 p.m.” and inserting “6 p.m.”.

    Amend sec. 7, page 4, by deleting line 11 and inserting:

“message to solicit a person to purchase goods or services by telephone and he does not have a preexisting business relationship with the person being called unless a recorded or unrecorded natural voice:”.

    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. 214.

    Bill read second time.

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

    Amendment No. 599.

    Amend section 1, page 1, by deleting lines 3 through 8 and inserting:

    “1.  Each employer who employs at least 300 employees in private employment at one location in this state shall, in addition to any other leave, grant to each employee who complies with this section at least 2 hours of leave with or without pay each year for each child of the employee who attends kindergarten or grades 1 to 12, inclusive. An employee who takes leave pursuant to this section must use the leave to meet with the teacher or counselor of his child, or the principal or any other administrator of the school that his child attends.

    2.  An employer shall grant paid or unpaid leave to an employee pursuant to this section, at the discretion of the employer and within the limits of any applicable federal law or state statute.

    3.  An employee who desires to take leave pursuant to subsection 1, must provide notice to his employer at least 3 days before the employee desires to take the leave.

    4.  An employer may request that an employee who takes leave pursuant to subsection 1 provide written proof to the employer of the attendance of the employee at a meeting with the teacher or counselor of the employee’s child, or the principal or any other administrator of the school that the child attends. Upon such a request, the employee must provide the proof.

    5.  An employer shall not penalize an employee or otherwise take disciplinary action against an employee because the employee requests or takes leave pursuant to this section.

    6.  The provisions of this section do not prohibit an employer from establishing a policy or program of leave that provides employees with benefits for leave in addition to the benefits required by this section.”.

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

    “Sec. 4.  Chapter 281 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  Each employee of the state or any county, city, town or other political subdivision thereof is entitled, in addition to any other leave, to at least 2 hours of leave with or without pay each year for each child of the employee who attends kindergarten or grades 1 to 12, inclusive. An employee who takes leave pursuant to this section must use the leave to meet with the teacher or counselor of his child, or the principal or any other administrator of the school that his child attends.

    2.  A public employer shall grant leave to an employee pursuant to this section with or without pay:

    (a) For state employees, within the limits of any legislative appropriation or authorized expenditure specifically for this purpose; and

    (b) For all other public employees, at the discretion of the public employer,

and within the limits of any applicable federal law or state statute.

    3.  An employee who desires to take leave pursuant to subsection 1, must provide notice to his employer at least 3 days before the employee desires to take the leave.

    4.  A public employer may request that an employee who takes leave pursuant to subsection 1 provide written proof to the employer of the attendance of the employee at a meeting with the teacher or counselor of the employee’s child, or the principal or any other administrator of the school that the child attends. Upon such a request, the employee must provide the proof.

    5.  A public employer shall not penalize an employee or otherwise take disciplinary action against an employee because the employee requests or takes leave pursuant to this section.

    Sec. 5.  NRS 281.1275 is hereby amended to read as follows:

    281.1275 1.  Except as permitted by the federal Family and Medical Leave Act of 1993[,] and except as required by the operation of section 4 of this act, the salary of a public officer or employee of the state or any agency thereof, or of a political subdivision or any agency thereof, who is not entitled pursuant to federal or state law, local ordinance, or policy or contract of employment to earn overtime at the rate of time and one-half, must not be reduced for an absence from work for part of a day.

    2.  The provisions of this section do not apply to an officer or employee of the legislative branch of government, except an officer or employee of the legislative library.”.

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

“section 3 of”.

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

“AN ACT relating to employment; requiring certain private and public employers to grant leave”.

    Amend the summary of the bill by deleting the first line and inserting:

“SUMMARY—Requires certain private and public employers to grant leave to certain”.

    Assemblywoman Buckley moved the adoption of the amendment.

    Remarks by Assemblymen Buckley and Collins.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 236.

    Bill read second time.

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

    Amendment No. 600.

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

    “Section 1.  The legislature hereby finds and declares that, because of the unique and special conditions of the Lake Tahoe Basin, certain exemptions are necessary to allow Douglas County to make arrangements with and to enter into an agreement with other public and private entities for the creation and operation of a nonprofit organization to own, operate and maintain a coordinated transit system in the Lake Tahoe Basin. The legislature further finds and declares that:

    1.  The Lake Tahoe Basin exhibits unique environmental and ecological conditions that are irreplaceable.

    2.  The increasing development of the region is threatening the quality of the water and air in the Lake Tahoe Basin.

    3.  The operation of a coordinated transit system in the Lake Tahoe Basin will contribute to a reduction in the degradation of the quality of water and air in the Basin.

    4.  Douglas County and other public and private entities in the Lake Tahoe Basin desire to own, operate and maintain a coordinated transit system through the creation and operation of a nonprofit organization.

    5.  The nonprofit organization will be created through a cooperative agreement in which Douglas County will participate as a member.

    6.  A special act is necessary to provide participation in the cooperative agreement creating the nonprofit organization, and that a general law cannot be made applicable because of the need for cooperation between public and private entities and the requirements for the preservation of the quality of water and air that are unique to the Lake Tahoe Basin.

    Sec. 2.  1.  Douglas County may enter into contracts and agreements with public and private entities for the purposes of creating, operating and dissolving a nonprofit organization to own, operate and maintain a coordinated transit system in the Lake Tahoe Basin.

    2.  Notwithstanding any other provision of law, Douglas County is exempt from the provisions of chapter 332 of NRS for the purposes of entering into contracts and agreements pursuant to subsection 1.

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

    Amend the title of the bill to read as follows:

“AN ACT relating to the Lake Tahoe Basin; authorizing Douglas County to enter into certain contracts and agreements relating to the creation and operation of a nonprofit organization to operate a transit system in the Lake Tahoe Basin; exempting Douglas County from the Local Government Purchasing Act for the purposes of entering into such contracts and agreements; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

“SUMMARY—Authorizes Douglas County to enter into certain contracts and agreements for certain purposes relating to operation of transit system in Lake Tahoe Basin. (BDR S‑112)”.

    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. 249.

    Bill read second time.

    The following amendment was proposed by the Committee on Health and Human Services:

    Amendment No. 278.

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

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

    Amend section 1, page 1, line 5, by deleting “recipient” and inserting:

“recipient, the undivided estate of a recipient of Medicaid”.

    Amend section 1, page 1, by deleting line 14 and inserting:

    “2.  Except as otherwise provided in this section, a recipient of incorrectly paid public assistance, the undivided estate of a recipient of Medicaid or a person who”.

    Amend section 1, page 1, after line 17, by inserting:

    “3.  The administrator or his designee may, to the extent that it is not prohibited by federal law, determine the amount of, and settle, adjust, compromise or deny a claim against a recipient of public assistance, the estate of the recipient, the undivided estate of a recipient of Medicaid or a person who signed the application for public assistance on behalf of the recipient.

    4.  The administrator may, to the extent that it is not prohibited by federal law, waive the repayment of public assistance incorrectly paid to a recipient if the incorrect payment was not the result of an intentional misrepresentation or omission by the recipient and if repayment would cause an undue hardship to the recipient. The administrator shall, by regulation, establish the terms and conditions of such a waiver, including, without limitation, the circumstances that constitute undue hardship.”.

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

“real and personal property and other”.

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

“real and personal property and other”.

    Amend sec. 2, page 2, line 4, by deleting:

“[at the time of] immediately before” and inserting:

“immediately before or at the time of”.

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

“[passing by reason of joint tenancy, reserved life estate, survivorship or trust, and] conveyed to a survivor, heir or assign of the deceased recipient through joint tenancy, tenancy in common, survivorship, life estate, living trust or other arrangement, including, without limitation, any of the decedent’s separate property and his interest in”.

    Amend sec. 3, page 3, line 21, by deleting “money recovered” and inserting “recovery”.

    Amend sec. 3, page 3, line 22, before “estate” by inserting “undivided”.

    Amend sec. 3, page 3, line 24, by deleting the semicolon and inserting:

“after October 1, 1993;”.

    Amend sec. 3, page 3, line 25, before “estate,” by inserting “undivided”.

    Assemblywoman Freeman moved the adoption of the amendment.

    Remarks by Assemblywoman Freeman.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 259.

    Bill read second time.

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

    Amendment No. 601.

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

“2, 3 and 4” and inserting:

“2 and 3”.

    Amend the bill as a whole by deleting sec. 2 and renumbering sections 3 through 8 as sections 2 through 7.

    Amend sec. 5, page 2, line 17, by deleting “Two” and inserting “Four”.

    Amend sec. 5, page 2, by deleting lines 28 through 31 and inserting:

    “[2.] (b) One member who is an architect registered pursuant to chapter”.

    Amend sec. 5, page 2, line 34, by deleting “(e)” and inserting “(c)”.

    Amend sec. 5, page 2, by deleting lines 36 through 38.

    Amend sec. 5, page 2, line 39, by deleting “3.” and inserting “2.”.

    Amend sec. 5, page 2, line 41, by deleting “terms.” and inserting:

“terms of any length.”.

    Amend the bill as a whole by deleting sections 9 and 10 and renumbering sections 11 and 12 as sections 8 and 9.

    Amend sec. 11, page 6, by deleting lines 4 through 26 and inserting:

    “Sec. 8.  1.  Except as otherwise provided in subsection 3, the terms of office of all members of the state contractors’ board who are serving on October 30, 1999, expire upon the commencement of the terms of their successors appointed pursuant to subsection 2. A member of the board may be appointed to succeed himself if he is qualified pursuant to NRS 624.050 as amended by this act. For the purposes of subsection 2 of NRS 624.050 as amended by this act, the term of office for each member in office on January 1, 2001, shall be deemed his first term of office.

    2.  On or before October 31, 1999, the governor shall appoint members to the state contractors’ board as follows:

    (a) Three members who are qualified as general contractors pursuant to paragraph (a) of subsection 1 of NRS 624.050 as amended by this act, whose terms of office commence on October 31, 1999, and expire on October 30, 2002.

    (b) One member who qualifies as a subcontractor pursuant to paragraph (a) of subsection 1 of NRS 624.050 as amended by this act, whose term of office commences on October 31, 1999, and expires on October 30, 2004.

    (c) One member who qualifies as an architect or professional engineer pursuant to paragraph (b) of subsection 1 of NRS 624.050 as amended by this act, whose term of office commences on October 31, 1999, and expires on October 30, 2002.

    3.  The contractor previously appointed pursuant to NRS 624.050 whose term expires on October 30, 2000, and the representative of the public previously appointed pursuant to NRS 624.050 whose term expires on October 30, 2000, shall serve out the remainder of their terms.

    4.  After the expiration of the terms of office set forth in subsections 2 and 3, the new or reappointed members of the state contractors’ board serve for a term of 4 years or until their successors have been appointed, as required by subsection 2 of NRS 624.050 as amended by this act.”.

    Amend sec. 12, page 6, by deleting lines 27 through 31 and inserting:

    “Sec. 9.  1.  This section and sections 1, 2, 3 and 5 to 8, inclusive, of this act become effective on July 1, 1999.

    2.  Section 4 of this act becomes effective on October 31, 1999.”.

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

“duties of the board; and providing other matters properly”.

    Assemblyman Lee moved the adoption of the amendment.

    Remarks by Assemblyman Lee.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 272.

    Bill read second time.

    The following amendment was proposed by the Committee on Transportation:

    Amendment No. 505.

    Amend section 1, page 2, line 7, by deleting “[must]” and inserting “must”.

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

“be reduced to $100 for the first violation if the person obtains a”.

    Amend section 1, page 2, line 22, by deleting:

“reduce the fine as set forth in subsection 3”.

    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. 280.

    Bill read second time.

    The following amendment was proposed by the Committee on Health and Human Services:

    Amendment No. 277.

    Amend the bill as a whole by deleting sections 1 through 10 and inserting new sections designated sections 1 through 108, following the enacting clause, to read as follows:

    “Section 1.  Chapter 433 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 21, inclusive, of this act.

    Sec. 2.  As used in sections 2 to 21, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 13, inclusive, of this act have the meanings ascribed to them in those sections.

    Sec. 3.  “Aversive intervention” means:

    1.  The use of noxious odors and tastes;

    2.  The use of water and other mists or sprays;

    3.  The use of blasts of air;

    4.  The use of corporal punishment;

    5.  The use of verbal and mental abuse;

    6.  The use of electric shock;

    7.  The placement of a person in seclusion;

    8.  Requiring a person to obtain or maintain a physically painful position, excluding physical restraint;

    9.  Requiring a person to perform exercise under forced conditions;

    10.  Any intervention, technique or procedure that deprives a person of the use of one or more of his senses, regardless of the length of the deprivation;

    11.  The deprivation of necessities needed to sustain the health of a person, regardless of the length of the deprivation; or

    12.  The use of time out in another room in an emergency.

    Sec. 4.  “Chemical restraint” means the administration of drugs for the specific and exclusive purpose of controlling an acute or episodic aggressive behavior when alternative intervention techniques have failed to limit or control the behavior. The term does not include the administration of drugs on a regular basis, as prescribed by a physician, to treat the symptoms of mental, physical, emotional or behavioral disorders and for assisting a person in gaining self-control over his impulses.

    Sec. 5.  “Corporal punishment” means the intentional infliction of physical pain, including, without limitation, hitting, pinching or striking.

    Sec. 6.  “Electric shock” means the application of electric current to a person’s skin or body.

    Sec. 7.  “Emergency” means a situation in which immediate intervention is necessary to protect the physical safety of a person or others from an immediate threat of physical injury or to protect against an immediate threat of severe property damage.

    Sec. 8.  “Exclusionary time out” means the removal of a person from an ongoing activity to a location where the person cannot observe the activity.

    Sec. 9.  “Mechanical restraint” means the use of devices, including, without limitation, mittens, straps and restraint chairs to limit a person’s movement or hold a person immobile.

    Sec. 10.  “Physical restraint” means the use of physical contact to limit a person’s movement or hold a person immobile.

    Sec. 11.  “Seclusion” means the placement of a person alone in a room where release from the room is prohibited by a mechanism, including, without limitation, a lock, device or object positioned to hold the door closed or otherwise prevent the person from leaving the room. The term does not include exclusionary time out or time out in another room.

    Sec. 12.  “Time out in another room” means the removal of a person from an ongoing activity to an unlocked room where the door to the room is held shut by another person or by a mechanism that requires the constant physical pressure of another person to keep the mechanism engaged. The term is equivalent to the term “time-out room” as referred to in 42 C.F.R. § 483.450.

    Sec. 13.  “Verbal and mental abuse” means actions or utterances that cause mental distress including, without limitation, the use of obscene gestures and words to frighten, humiliate, intimidate, threaten or insult.

    Sec. 14.  A person employed by a facility or any other person shall not use any aversive intervention on a client.

    Sec. 15.  A person employed by a facility or any other person shall not:

    1.  Except as otherwise provided in section 16 of this act, place a client on exclusionary time out or time out in another room.

    2.  Except as otherwise provided in section 17 of this act, use physical restraint on a client.

    3.  Except as otherwise provided in section 18 of this act, use mechanical restraint on a client.

    4.  Except as otherwise provided in section 19 of this act, use chemical restraint on a client.

    Sec. 16.  1.  A client may be placed on exclusionary time out or time out in another room if:

    (a) The use of the procedure is:

        (1) Based upon a need identified in the client’s plan of care; and

        (2) Included in the client’s plan of care, for which informed consent has been obtained pursuant to NRS 433.484;

    (b) The procedure is carried out in accordance with the client’s plan of care;

    (c) The procedure is the lowest level of intrusiveness required to influence the behavior of the client and is not excessively intrusive in relation to that behavior;

    (d) The use of the procedure is supported by documentation in the client’s record that indicates:

        (1) Less intrusive procedures have been tried on the client but have failed to change the inappropriate behavior of the client;

        (2) The length of time the less intrusive procedures were used; and

        (3) The possible reasons why the less intrusive procedures failed;

    (e) The procedure is carried out and continuously monitored by members of the staff of the facility who are qualified and trained in the proper application of the procedure;

    (f) The client is protected from hazardous conditions;

    (g) Except as otherwise provided in paragraph (k), the release of the client from time out is contingent upon whether the client stops or controls the behavior that precipitated the use of time out;

    (h) The staff who are responsible for monitoring the client attempt to return the client to the activity from which he was removed at least every 30 minutes, regardless of whether the client stops or controls the behavior that precipitated the use of time out;

    (i) The client is offered access to a toilet and water at least every 30 minutes;

    (j) The client is released from time out immediately if he stops or controls the behavior that precipitated the time out and is returned to the activity from which he was removed, if possible; and

    (k) Placement of the client on time out does not exceed 60 consecutive minutes after the initiation of the time out.

    2.  The facility shall maintain a record of each time that a client is placed on time out.

    Sec. 17.  1.  Except as otherwise provided in subsection 2, physical restraint may be used on a client only if:

    (a) An emergency exists that necessitates the use of physical restraint;

    (b) The physical restraint is used only for the period that is necessary to contain the behavior of the client so that the client is no longer an immediate threat to himself or others; and

    (c) The use of force in the application of physical restraint does not exceed the force that is reasonable and necessary under the circumstances precipitating the use of physical restraint.

    2.  Physical restraint may be used on a client and the provisions of subsection 1 do not apply if the physical restraint is used to:

    (a) Assist the client in completing a task or response if the client does not resist the application of physical restraint or if his resistance is minimal in intensity and duration;

    (b) Escort or carry a client to safety if the client is in danger in his present location; or

    (c) Conduct medical examinations or treatments on the client that are necessary.

    3.  If physical restraint is used on a client in an emergency, the use of the procedure must be reported as a denial of rights pursuant to NRS 433.534, regardless of whether the use of the procedure is authorized by statute. The report must be made not later than 1 working day after the procedure is used.

    Sec. 18.  1.  Except as otherwise provided in subsection 2, mechanical restraint may be used on a client only if:

    (a) An emergency exists that necessitates the use of mechanical restraint;

    (b) A medical order authorizing the use of mechanical restraint is obtained from the client’s treating physician before the application of the mechanical restraint or not later than 15 minutes after the application of the mechanical restraint;

    (c) The physician who signed the order required pursuant to paragraph (b) examines the client on the working day immediately after the application of the mechanical restraint;

    (d) The mechanical restraint is applied by a member of the staff of the facility who is trained and qualified to apply mechanical restraint;

    (e) The client is released from the mechanical restraint to move and exercise the parts of his body that are restrained at least 10 minutes per every 60 minutes of restraint;

    (f) A member of the staff of the facility lessens or discontinues the restraint every 15 minutes to determine whether the client will stop or control his inappropriate behavior without the use of the restraint;

    (g) The record of the client contains a notation that includes the time of day that the restraint was lessened or discontinued pursuant to paragraph (f) and the response of the client; and

    (h) The client is released from the mechanical restraint as soon as his behavior no longer presents an immediate threat to himself or others.

    2.  Mechanical restraint may be used on a client and the provisions of subsection 1 do not apply if the mechanical restraint is used to:

    (a) Treat the medical needs of a client;

    (b) Protect a client who is known to be at risk of injury to himself because he lacks coordination or suffers from frequent loss of consciousness; or

    (c) Position a client who has physical disabilities in a manner prescribed in the client’s plan of services.

    3.  If mechanical restraint is used on a client in an emergency, the use of the procedure must be reported as a denial of rights pursuant to NRS 433.534, regardless of whether the use of the procedure is authorized by statute. The report must be made not later than 1 working day after the procedure is used.

    Sec. 19.  1.  Chemical restraint may only be used on a client if:

    (a) The client has been diagnosed as mentally ill, as defined in NRS 433A.115, and is receiving mental health services from a facility;

    (b) Except as otherwise provided in subsection 4, the chemical restraint is administered to the client while he is under the care of the facility;

    (c) An emergency exists that necessitates the use of chemical restraint;

    (d) A medical order authorizing the use of chemical restraint is obtained from the client’s attending physician or psychiatrist or, if he is unavailable, another licensed physician not later than 15 minutes after the administration of the chemical restraint;

    (e) The physician or psychiatrist who signed the order required pursuant to paragraph (d) examines the client on the working day immediately after the administration of the chemical restraint; and

    (f) The chemical restraint is administered by a licensed physician or registered nurse.

    2.  If chemical restraint is used on a client, the use of the procedure must be reported as a denial of rights pursuant to NRS 433.534, regardless of whether the use of the procedure is authorized by statute. The report must be made not later than 1 working day after the procedure is used.

    3.  If the client’s attending physician or psychiatrist did not sign the order required pursuant to paragraph (d) of subsection 1, the licensed physician who signed the order shall consult with and provide notice of the administration of the chemical restraint to the client’s attending physician or psychiatrist not later than 2 working days after the procedure is used.

    4.  If a client is transported from a facility to an independent center for emergency medical care, as defined in NRS 449.013, chemical restraint may be administered to the client while he is under the care of the center in accordance with the provisions of this section.

    Sec. 20.  1.  Each facility shall develop a program of education for the members of the staff of the facility to provide instruction in positive behavioral interventions and positive behavioral supports that:

    (a) Includes positive methods to modify the environment of clients to promote adaptive behavior and reduce the occurrence of inappropriate behavior;

    (b) Includes methods to teach skills to clients so that clients can replace inappropriate behavior with adaptive behavior;

    (c) Includes methods to enhance a client’s independence and quality of life;

    (d) Includes the use of the least intrusive methods to respond to and reinforce the behavior of clients; and

    (e) Offers a process for designing interventions based upon the client that are focused on promoting appropriate changes in behavior as well as enhancing the overall quality of life for the client.

    2.  Each facility shall provide appropriate training for the members of the staff of the facility who are authorized to carry out and monitor exclusionary time out, time out in another room, physical restraint, mechanical restraint and chemical restraint to ensure that those members of the staff are competent and qualified to carry out the procedures in accordance with sections 2 to 21, inclusive, of this act.

    Sec. 21.  1.  A facility where a violation of the provisions of sections 2 to 21, inclusive, of this act occurs shall:

    (a) Not later than 24 hours after a violation occurs, or as soon thereafter as the violation is discovered, report the violation to the division; and

    (b) Develop, in cooperation with the division, a corrective plan to ensure that within 30 calendar days after the violation occurred, appropriate action is taken by the facility to prevent future violations.  

    2.  The division shall forward the plan to the director of the department. The director or his designee shall review the plan to ensure that it complies with applicable federal law and the statutes and regulations of this state. The director or his designee may require appropriate revision of the plan to ensure compliance.

    3.  If the facility where the violation occurred does not meet the requirements of the plan to the satisfaction of the director or his designee, the department may withhold funding for the facility until the facility meets the requirements of the plan.      

    Sec. 22.  NRS 433.484 is hereby amended to read as follows:

    433.484  Each client admitted for evaluation, treatment or training to a facility has the following rights, concerning care, treatment and training, a list of which must be prominently posted in all facilities providing those services and must be otherwise brought to the attention of the client by such additional means as prescribed by regulation:

    1.  To medical, psychosocial and rehabilitative care, treatment and training including prompt and appropriate medical treatment and care for physical and mental ailments and for the prevention of any illness or disability. All of that care, treatment and training must be consistent with standards of practice of the respective professions in the community and is subject to the following conditions:

    (a) Before instituting a plan of care, treatment or training or carrying out any necessary surgical procedure, express and informed consent must be obtained in writing from:

        (1) The client if he is 18 years of age or over or legally emancipated and competent to give that consent, and from his legal guardian, if any;

        (2) The parent or guardian of a client under 18 years of age and not legally emancipated; or

        (3) The legal guardian of a client of any age who has been adjudicated mentally incompetent;

    (b) An informed consent requires that the person whose consent is sought be adequately informed as to:

        (1) The nature and consequences of the procedure;

        (2) The reasonable risks, benefits and purposes of the procedure; and

        (3) Alternative procedures available;

    (c) The consent of a client as provided in paragraph (b) may be withdrawn by the client in writing at any time with or without cause;

    (d) Even in the absence of express and informed consent, a licensed and qualified physician may render emergency medical care or treatment to any client who has been injured in an accident or who is suffering from an acute illness, disease or condition, if within a reasonable degree of medical certainty, delay in initiation of emergency medical care or treatment would endanger the health of the client and if the treatment is immediately entered into the client’s record of treatment, subject to the provisions of paragraph (e); and

    (e) If the proposed emergency medical care or treatment is deemed by the chief medical officer of the facility to be unusual, experimental or generally occurring infrequently in routine medical practice, the chief medical officer shall request consultation from other physicians or practitioners of healing arts who have knowledge of the proposed care or treatment.

    2.  To be free from [the application of any mechanical restraint, except if prescribed by a physician. If so prescribed, the restraint must be removed whenever the condition justifying its use no longer exists, and any use of a mechanical restraint, together with the reasons therefor, must be made a part of the client’s record of treatment.] abuse, neglect and aversive intervention.

    3.  To consent to his transfer from one facility to another, except that the administrator of the mental hygiene and mental retardation division of the department or his designee, or the administrator of the division of child and family services of the department or his designee, may order a transfer to be made whenever conditions concerning care, treatment or training warrant it. If the client in any manner objects to the transfer, the person ordering it must enter the objection and a written justification of the transfer in the client’s record of treatment and immediately forward a notice of the objection to the administrator who ordered the transfer, and the commission shall review the transfer pursuant to subsection 3 of NRS 433.534.

    4.  Other rights concerning care, treatment and training as may be specified by regulation of the commission.

    Sec. 23.  NRS 433.514 is hereby amended to read as follows:

    433.514  1.  [The]Except as otherwise provided in paragraph (d) of subsection 1 of section 19 of this act, the attending psychiatrist or physician shall be responsible for all medication given or administered to a client.

    2.  Each administrative officer shall establish a policy for the review of the administration, storage and handling of medications by nurses and nonprofessional personnel.

    Sec. 24.  NRS 433.554 is hereby amended to read as follows:

    433.554  1.  An employee of a public or private mental health facility or any other person, except a client, who:

    (a) Has reason to believe that a client of the division or of a private facility offering mental health services has been or is being abused or neglected and fails to report it;

    (b) Brings intoxicating beverages or a controlled substance into any division facility occupied by clients unless specifically authorized to do so by the administrative officer or a staff physician of the facility;

    (c) Is under the influence of liquor or a controlled substance while employed in contact with clients, unless in accordance with a lawfully issued prescription;

    (d) Enters into any transaction with a client involving the transfer of money or property for personal use or gain at the expense of the client; or

    (e) Contrives the escape, elopement or absence of a client,

is guilty of a misdemeanor, in addition to any other penalties provided by law.

    2.  In addition to any other penalties provided by law, an employee of a public or private mental health facility or any other person, except a client, who willfully abuses or neglects a client:

    (a) [If no]For a first violation that does not result in substantial bodily harm to the client , [results,] is guilty of a gross misdemeanor.

    (b) [If]For a first violation that results in substantial bodily harm to the client , [results,] is guilty of a category B felony . [and]

    (c) For a second or subsequent violation, is guilty of a category B felony.

A person convicted of a category B felony pursuant to this section shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

    3.  A person who is convicted pursuant to this section is ineligible for 5 years for appointment to or employment in a position in the state service and, if he is an officer or employee of the state, he forfeits his office or position.

    4.  A conviction pursuant to NRS 433.554 is, when applicable, grounds for disciplinary action against the person so convicted and the facility where the violation occurred. The division may recommend to the appropriate agency or board the suspension or revocation of the professional license, registration, certificate or permit of a person convicted pursuant to NRS 433.554.

    5.  For the purposes of this section:

    (a) “Abuse” means any willful and unjustified infliction of pain, injury or mental anguish upon a client, including, but not limited to:

        (1) The rape, sexual assault or sexual exploitation of the client;

        (2) [Striking the client;

        (3) Verbal intimidation or coercion of the client without a redeeming purpose;

        (4) The use of excessive force when placing the client in physical restraints; and

        (5)] The use of any type of aversive intervention;

        (3) A violation of section 15 of this act; and

        (4) The use of physical , [or] chemical or mechanical restraints or the use of time out in another room in violation of [state or] federal law.

Any act which meets the standard of practice for care and treatment does not constitute abuse.

    (b) “Client” includes any person who seeks, on his own or others’ initiative, and can benefit from care , treatment and training in a public or private institution or facility offering mental health services. The term does not include a client of the division of child and family services of the department.

    (c) “Neglect” means any omission to act which causes injury to a client or which places the client at risk of injury, including, but not limited to, the failure to follow:

        (1) An appropriate plan of treatment to which the client has consented; and

        (2) The policies of the facility for the care and treatment of clients.

Any omission to act which meets the standard of practice for care and treatment does not constitute neglect.

    (d) “Standard of practice” means the skill and care ordinarily exercised by prudent professional personnel engaged in health care.

    Sec. 25.  NRS 435.350 is hereby amended to read as follows:

    435.350  1.  Each mentally retarded person admitted to a division facility is entitled to all rights enumerated in sections 2 to 21, inclusive, of this act and NRS 433.482 and 433.484.

    2.  The administrator shall designate a person or persons to be responsible for establishment of regulations relating to denial of rights of mentally retarded persons. The person designated shall file the regulations with the administrator.

    3.  Clients’ rights specified in NRS 433.482 and 433.484 may be denied only for cause. Any denial of such rights must be entered in the client’s treatment record, and notice of such a denial must be forwarded to the administrator’s designee or designees as provided in subsection 2. Failure to report denial of rights by an employee may be grounds for dismissal.

    4.  Upon receipt of notice of a denial of rights as provided in subsection 3, the administrator’s designee or designees shall cause a full report to be prepared which sets forth in detail the factual circumstances surrounding such a denial. A copy of the report must be sent to the administrator and the commission.

    5.  The commission has such powers and duties with respect to reports of denial of rights as are enumerated in subsection 3 of NRS 433.534.

    Sec. 26.  Chapter 388 of NRS is hereby amended by adding thereto the provisions set forth as sections 27 to 50, inclusive, of this act.

    Sec. 27.  As used in sections 27 to 50, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 28 to 40, inclusive, of this act have the meanings ascribed to them in those sections.

    Sec. 28.  “Aversive intervention” means:

    1.  The use of noxious odors and tastes;

    2.  The use of water and other mists or sprays;

    3.  The use of blasts of air;

    4.  The use of corporal punishment;

    5.  The use of verbal and mental abuse;

    6.  The use of electric shock;

    7.  The administration of chemical restraint to a person;

    8.  The placement of a person in seclusion;

    9.  Requiring a person to obtain or maintain a physically painful position, excluding physical restraint;

    10.  Requiring a person to perform exercise under forced conditions;

    11.  Any intervention, technique or procedure that deprives a person of the use of one or more of his senses, regardless of the length of the deprivation;

    12.  The deprivation of necessities needed to sustain the health of a person, regardless of the length of the deprivation; or

    13.  The use of time out in another room in an emergency.

    Sec. 29.  “Chemical restraint” means the administration of drugs for the specific and exclusive purpose of controlling an acute or episodic aggressive behavior when alternative intervention techniques have failed to limit or control the behavior. The term does not include the administration of drugs on a regular basis, as prescribed by a physician, to treat the symptoms of mental, physical, emotional or behavioral disorders and for assisting a person in gaining self-control over his impulses.

    Sec. 30.  “Corporal punishment” means the intentional infliction of physical pain, including, without limitation, hitting, pinching or striking.

    Sec. 31.  “Electric shock” means the application of electric current to a person’s skin or body.

    Sec. 32.  “Emergency” means a situation in which immediate intervention is necessary to protect the physical safety of a person or others from an immediate threat of physical injury or to protect against an immediate threat of severe property damage.

    Sec. 33.  “Exclusionary time out” means the removal of a person from an ongoing activity to a location where the person cannot observe the activity.

    Sec. 34.  “Individualized education program” has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(A).

    Sec. 35.  “Individualized education program team” has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(B).

    Sec. 36.  “Mechanical restraint” means the use of devices, including, without limitation, mittens, straps and restraint chairs to limit a person’s movement or hold a person immobile.

    Sec. 37.  “Physical restraint” means the use of physical contact to limit a person’s movement or hold a person immobile.

    Sec. 38.  “Seclusion” means the placement of a person alone in a room where release from the room is prohibited by a mechanism, including, without limitation, a lock, device or object positioned to hold the door closed or otherwise prevent the person from leaving the room. The term does not include exclusionary time out or time out in another room.

    Sec. 39.  “Time out in another room” means the removal of a person from an ongoing activity to an unlocked room where the door to the room is held shut by another person or by a mechanism that requires the constant physical pressure of another person to keep the mechanism engaged. The term is equivalent to the term “time-out room” as referred to in 42 C.F.R. § 483.450.

    Sec. 40.  “Verbal and mental abuse” means actions or utterances that cause mental distress including, without limitation, the use of obscene gestures and words to frighten, humiliate, intimidate, threaten or insult.

    Sec. 41.  A person employed by the board of trustees of a school district or any other person shall not use any aversive intervention on a pupil with a disability.

    Sec. 42.  A person employed by the board of trustees of a school district or any other person shall not:

    1.  Except as otherwise provided in section 43 of this act, place a pupil with a disability on exclusionary time out or time out in another room.

    2.  Except as otherwise provided in section 44 of this act, use physical restraint on a pupil with a disability.

    3.  Except as otherwise provided in section 45 of this act, use mechanical restraint on a pupil with a disability.

    Sec. 43.  1.  A pupil with a disability may be placed on exclusionary time out or time out in another room if:

    (a) The use of the procedure is:

        (1) Based upon a need identified in the pupil’s individualized education program; and

        (2) Included in the pupil’s individualized education program;

    (b) Before the procedure is used, the parent or guardian of the pupil provides his informed consent, as set forth in 34 C.F.R. § 300.500;

    (c) The procedure is carried out in accordance with the pupil’s individualized education program;

    (d) The procedure is the lowest level of intrusiveness required to influence the behavior of the pupil and is not excessively intrusive in relation to that behavior;

    (e) The use of the procedure is supported by documentation in the pupil’s record that indicates:

        (1) Less intrusive procedures have been tried on the pupil but have failed to change the inappropriate behavior of the pupil;

        (2) The length of time the less intrusive procedures were used; and

        (3) The possible reasons why the less intrusive procedures failed;

    (f) The procedure is carried out and continuously monitored by members of the staff of the school who are qualified and trained in the proper application of the procedure;

    (g) The pupil is protected from hazardous conditions;

    (h) Except as otherwise provided in paragraph (l), the release of the pupil from time out is contingent upon whether the pupil stops or controls the behavior that precipitated the use of time out;

    (i) The staff who are responsible for monitoring the pupil attempt to return the pupil to the activity from which he was removed at least every 30 minutes, regardless of whether the pupil stops or controls the behavior that precipitated the use of time out;

    (j) The pupil is offered access to a toilet and water at least every 30 minutes;

    (k) The pupil is released from time out immediately if he stops or controls the behavior that precipitated the time out and is returned to the activity from which he was removed, if possible; and

    (l) Placement of the pupil on time out does not exceed 60 consecutive minutes after the initiation of the time out.

    2.  A school shall maintain a record of each time that a pupil with a disability is placed on time out.

    Sec. 44.  1.  Except as otherwise provided in subsection 2, physical restraint may be used on a pupil with a disability only if:

    (a) An emergency exists that necessitates the use of physical restraint;

    (b) The physical restraint is used only for the period time that is necessary to contain the behavior of the pupil so that the pupil is no longer an immediate threat to himself or others; and

    (c) The use of force in the application of physical restraint does not exceed the force that is reasonable and necessary under the circumstances precipitating the use of physical restraint.

    2.  Physical restraint may be used on a pupil with a disability and the provisions of subsection 1 do not apply if the physical restraint is used to:

    (a) Assist the pupil in completing a task or response if the pupil does not resist the application of physical restraint or if his resistance is minimal in intensity and duration;

    (b) Escort or carry a pupil to safety if the pupil is in danger in his present location; or

    (c) Conduct medical examinations or treatments on the pupil that are necessary.

    3.  If physical restraint is used on a pupil with a disability in an emergency, the use of the procedure must be reported in the pupil’s cumulative record and a confidential file maintained for the pupil not later than 1 working day after the procedure is used. A copy of the report must be provided to the board of trustees of the school district, the pupil’s individualized education program team and the parent or guardian of the pupil. If the board of trustees determines that a denial of the pupil’s rights has occurred, the board of trustees may submit a report to the department in accordance with section 50 of this act.

    Sec. 45.  1.  Except as otherwise provided in subsection 2, mechanical restraint may be used on a pupil with a disability only if:

    (a) An emergency exists that necessitates the use of mechanical restraint;

    (b) A medical order authorizing the use of mechanical restraint is obtained from the pupil’s treating physician before the application of the mechanical restraint or not later than 15 minutes after the application of the mechanical restraint;

    (c) The physician who signed the order required pursuant to paragraph (b) examines the pupil on the working day immediately after the application of the mechanical restraint;

    (d) The mechanical restraint is applied by a member of the staff of the school who is trained and qualified to apply mechanical restraint;

    (e) The pupil is released from the mechanical restraint to move and exercise the parts of his body that are restrained at least 10 minutes per every 60 minutes of restraint;

    (f) A member of the staff of the school lessens or discontinues the restraint every 15 minutes to determine whether the pupil will stop or control his inappropriate behavior without the use of the restraint;

    (g) The record of the pupil contains a notation that includes the time of day that the restraint was lessened or discontinued pursuant to paragraph (f) and the response of the pupil; and

    (h) The pupil is released from the mechanical restraint as soon as his behavior no longer presents an immediate threat to himself or others.

    2.  Mechanical restraint may be used on a pupil with a disability and the provisions of subsection 1 do not apply if the mechanical restraint is used to:

    (a) Treat the medical needs of the pupil;

    (b) Protect a pupil who is known to be at risk of injury to himself because he lacks coordination or suffers from frequent loss of consciousness; or

    (c) Position a pupil who has physical disabilities in a manner prescribed in the pupil’s individualized education program.

    3.  If mechanical restraint is used on a pupil with a disability in an emergency, the use of the procedure must be reported in the pupil’s cumulative record and a confidential file maintained for the pupil not later than 1 working day after the procedure is used. A copy of the report must be provided to the board of trustees of the school district, the pupil’s individualized education program team and the parent or guardian of the pupil. If the board of trustees determines that a denial of the pupil’s rights has occurred, the board of trustees may submit a report to the department in accordance with section 50 of this act.

    Sec. 46.  1.  The board of trustees of each school district shall develop a program of education for the members of the staff of the schools within the school district who provide services to pupils with disabilities. The program of education must provide instruction in positive behavioral interventions and positive behavioral supports that:

    (a) Includes positive methods to modify the environment of pupils with disabilities to promote adaptive behavior and reduce the occurrence of inappropriate behavior;

    (b) Includes methods to teach skills to pupils with disabilities so that the pupils can replace inappropriate behavior with adaptive behavior;

    (c) Includes methods to enhance the independence and quality of life for pupils with disabilities;

    (d) Includes the use of the least intrusive methods to respond to and reinforce the behavior of pupils with disabilities; and

    (e) Offers a process for designing interventions based upon the pupil that are focused on promoting appropriate changes in behavior as well as enhancing the overall quality of life for the pupil.

    2.  The board of trustees of each school district shall provide appropriate training for the members of the staff of the schools within the school district who are authorized to carry out and monitor exclusionary time out, time out in another room, physical restraint and mechanical restraint to ensure that those members of the staff are competent and qualified to carry out the procedures in accordance with sections 27 to 50, inclusive, of this act.

    Sec. 47.  1.  Unless a more severe penalty is prescribed by specific statute, a person who willfully uses aversive intervention on a pupil with a disability or violates section 42 of this act:

    (a) For a first violation that does not result in substantial bodily harm to the pupil, is guilty of a gross misdemeanor.

    (b) For a first violation that results in substantial bodily harm to the pupil, is guilty of a category B felony.

    (c) For a second or subsequent violation, is guilty of a category B felony.

A person who is convicted of a category B felony pursuant to this section shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

    2.  A person who is convicted pursuant to this section is ineligible for 5 years for employment with the board of trustees of a school district.

    3.  A conviction pursuant to this section is grounds for disciplinary action against the person so convicted and the school district where the violation occurred. The superintendent of schools of the school district may recommend to the superintendent of public instruction the suspension or revocation of the professional license, registration, certificate or permit of a person convicted.

    Sec. 48.  1.  A school where a violation of sections 27 to 50, inclusive, of this act occurs shall report the violation to the board of trustees of the school district not later than 24 hours after the violation occurred, or as soon thereafter as the violation is discovered.

    2.  The board of trustees of the school district where the violation occurred shall develop, in cooperation with the superintendent of public instruction, a corrective plan to ensure that within 30 calendar days after the violation occurred, appropriate action is taken by the school and the board of trustees to prevent future violations.  

    3.  The superintendent of public instruction shall submit the plan to the department. The department shall review the plan to ensure that it complies with applicable federal law and the statutes and regulations of this state. The department may require appropriate revision of the plan to ensure compliance.

    4.  If the school where the violation occurred does not meet the requirements of the plan to the satisfaction of the department, the department may appoint an administrator to oversee the school to ensure that the school meets the requirements of the plan.

    Sec. 49.  An officer, administrator or employee of a public school shall not retaliate against any person for having:

    1.  Reported a violation of sections 27 to 50, inclusive, of this act; or

    2.  Provided information regarding a violation of sections 27 to 50, inclusive, of this act,

by a public school or a member of the staff of the public school.

    Sec. 50.  1.  A denial of rights of a pupil with a disability pursuant to sections 27 to 50, inclusive, of this act must be entered in the pupil’s cumulative record and a confidential file maintained for that pupil. Notice of the denial must be provided to the board of trustees of the school district.

    2.  If the board of trustees of a school district receives notice of a denial of rights pursuant to subsection 1, it shall cause a full report to be prepared which must set forth in detail the factual circumstances surrounding the denial. A copy of the report must be provided to the department.

    3.  The department:

    (a) Shall receive reports made pursuant to subsection 2;

    (b) May investigate apparent violations of the rights of pupils with disabilities; and

(c) May act to resolve disputes relating to apparent violations.

    Sec. 51.  NRS 388.440 is hereby amended to read as follows:

    388.440  As used in NRS 388.440 to 388.520, inclusive[:], and sections 27 to 50, inclusive, of this act:

    1.  “Gifted and talented pupil” means a person under the age of 18 years who demonstrates such outstanding academic skills or aptitudes that he cannot progress effectively in a regular school program and therefore needs special instruction or special services.

    2.  “Pupil with a disability” means a person under the age of 22 years who deviates either educationally, physically, socially or emotionally so markedly from normal patterns that he cannot progress effectively in a regular school program and therefore needs special instruction or special services.

    Sec. 52.  NRS 391.100 is hereby amended to read as follows:

    391.100  1.  The board of trustees of a school district may employ a superintendent of schools, teachers and all other necessary employees. The board of trustees of a school district shall not employ a person who is convicted pursuant to section 47 of this act for at least 5 years after the date of conviction.

    2.  The board of trustees of a school district:

    (a) May employ teacher aides and other auxiliary, nonprofessional personnel to assist licensed personnel in the instruction or supervision of children, either in the classroom or at any other place in the school or on the grounds thereof; and

    (b) Shall establish policies governing the duties and performance of teacher aides.

    3.  Each applicant for employment pursuant to this section, except a teacher or other person licensed by the superintendent of public instruction, must, as a condition to employment, submit to the school district a full set of his fingerprints and written permission authorizing the school district to forward the fingerprints to the Federal Bureau of Investigation and the central repository for Nevada records of criminal history for their reports on the criminal history of the applicant.

    4. The board of trustees of a school district may employ or appoint persons to serve as school police officers.

    Sec. 53.  NRS 391.314 is hereby amended to read as follows:

    391.314  1.  If a superintendent has reason to believe that cause exists for the dismissal of a licensed employee and he is of the opinion that the immediate suspension of the employee is necessary in the best interests of the pupils in the district, the superintendent may suspend the employee without notice and without a hearing. Notwithstanding the provisions of NRS 391.312, a superintendent may suspend a licensed employee who has been officially charged but not yet convicted of a felony or a crime involving moral turpitude or immorality. If the charge is dismissed or if the employee is found not guilty, he must be reinstated with back pay, plus interest, and normal seniority. The superintendent shall notify the employee in writing of the suspension.

    2.  Within 5 days after a suspension becomes effective, the superintendent shall begin proceedings pursuant to the provisions of NRS 391.312 to 391.3196, inclusive, to effect the employee’s dismissal. The employee is entitled to continue to receive his salary and other benefits after the suspension becomes effective until the date on which the dismissal proceedings are commenced. The superintendent may recommend that an employee who has been charged with a felony or a crime involving immorality be dismissed for another ground set forth in NRS 391.312.

    3.  If sufficient grounds for dismissal do not exist, the employee must be reinstated with full compensation, plus interest.

    4.  A licensed employee who furnishes to the school district a bond or other security which is acceptable to the board as a guarantee that he will repay any amounts paid to him pursuant to this subsection as salary during a period of suspension is entitled to continue to receive his salary from the date on which the dismissal proceedings are commenced until the decision of the board or the report of the hearing officer, if the report is final and binding. The board shall not unreasonably refuse to accept security other than a bond. An employee who receives salary pursuant to this subsection shall repay it if he is dismissed or not reemployed as a result of a decision of the board or a report of a hearing officer.

    5.  A licensed employee who is convicted of a crime which requires registration pursuant to NRS 179D.200 to 179D.290, inclusive, or 179D.350 to 179D.550, inclusive, or is convicted of an act forbidden by NRS 200.508, 201.190 or 201.265 forfeits all rights of employment from the date of his arrest.

    6.  A licensed employee who is convicted of any crime and who is sentenced to and serves any sentence of imprisonment forfeits all rights of employment from the date of his arrest or the date on which his employment terminated, whichever is later. A licensed employee who is convicted pursuant to section 47 of this act forfeits all rights of employment from the date of his arrest or the date on which his employment terminated, whichever is later.

    7.  A licensed employee who is charged with a felony or a crime involving immorality or moral turpitude and who waives his right to a speedy trial while suspended may receive no more than 12 months of back pay and seniority upon reinstatement if he is found not guilty or the charges are dismissed, unless proceedings have been begun to dismiss the employee upon one of the other grounds set forth in NRS 391.312.

    8.  A superintendent may discipline a licensed employee by suspending the employee with loss of pay at any time after a hearing has been held which affords the due process provided for in this chapter. The grounds for suspension are the same as the grounds contained in NRS 391.312. An employee may be suspended more than once during the employee’s contract year, but the total number of days of suspension may not exceed 20 in 1 contract year. Unless circumstances require otherwise, the suspensions must be progressively longer. 

    Sec.  54.  Chapter 394 of NRS is hereby amended by adding thereto the provisions set forth as sections 55 to 79, inclusive, of this act.

    Sec. 55.  As used in sections 55 to 79, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 56 to 69, inclusive, of this act have the meanings ascribed to them in those sections.

    Sec. 56.  “Aversive intervention” means:

    1.  The use of noxious odors and tastes;

    2.  The use of water and other mists or sprays;

    3.  The use of blasts of air;

    4.  The use of corporal punishment;

    5.  The use of verbal and mental abuse;

    6.  The use of electric shock;

    7.  The administration of chemical restraint to a person;

    8.  The placement of a person in seclusion;

    9.  Requiring a person to obtain or maintain a physically painful position, excluding physical restraint;

    10.  Requiring a person to perform exercise under forced conditions;

    11.  Any intervention, technique or procedure that deprives a person of the use of one or more of his senses, regardless of the length of the deprivation;

    12.  The deprivation of necessities needed to sustain the health of a person, regardless of the length of the deprivation; or

    13.  The use of time out in another room in an emergency.

    Sec. 57.  “Chemical restraint” means the administration of drugs for the specific and exclusive purpose of controlling an acute or episodic aggressive behavior when alternative intervention techniques have failed to limit or control the behavior. The term does not include the administration of drugs on a regular basis, as prescribed by a physician, to treat the symptoms of mental, physical, emotional or behavioral disorders and for assisting a person in gaining self-control over his impulses.

    Sec. 58.  “Corporal punishment” means the intentional infliction of physical pain, including, without limitation, hitting, pinching or striking.

    Sec. 59.  “Electric shock” means the application of electric current to a person’s skin or body.

    Sec. 60.  “Emergency” means a situation in which immediate intervention is necessary to protect the physical safety of a person or others from an immediate threat of physical injury or to protect against an immediate threat of severe property damage.

    Sec. 61.  “Exclusionary time out” means the removal of a person from an ongoing activity to a location where the person cannot observe the activity.

    Sec. 62.  “Individualized education program” has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(A).

    Sec. 63.  “Individualized education program team” has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(B).

    Sec. 64.  “Mechanical restraint” means the use of devices, including, without limitation, mittens, straps and restraint chairs to limit a person’s movement or hold a person immobile.

    Sec. 65.  “Physical restraint” means the use of physical contact to limit a person’s movement or hold a person immobile.

    Sec. 66.  “Pupil with a disability” has the meaning ascribed to it in NRS 388.440.

    Sec. 67.  “Seclusion” means the placement of a person alone in a room where release from the room is prohibited by a mechanism, including, without limitation, a lock, device or object positioned to hold the door closed or otherwise prevent the person from leaving the room. The term does not include exclusionary time out or time out in another room.

    Sec. 68.  “Time out in another room” means the removal of a person from an ongoing activity to an unlocked room where the door to the room is held shut by another person or by a mechanism that requires the constant physical pressure of another person to keep the mechanism engaged. The term is equivalent to the term “time-out room” as referred to in 42 C.F.R. § 483.450.

    Sec. 69.  “Verbal and mental abuse” means actions or utterances that cause mental distress including, without limitation, the use of obscene gestures and words to frighten, humiliate, intimidate, threaten or insult.

    Sec. 70.  A person employed by a private school or any other person shall not use any aversive intervention on a pupil with a disability.

    Sec. 71.  A person employed by a private school or any other person shall not:

    1.  Except as otherwise provided in section 72 of this act, place a pupil with a disability on exclusionary time out or time out in another room.

    2.  Except as otherwise provided in section 73 of this act, use physical restraint on a pupil with a disability.

    3.  Except as otherwise provided in section 74 of this act, use mechanical restraint on a pupil with a disability.

    Sec. 72.  1.  A pupil with a disability may be placed on exclusionary time out or time out in another room if:

    (a) The use of the procedure is:

        (1) Based upon a need identified in the pupil’s service plan developed pursuant to 34 C.F.R. § 300.455 or the pupil’s individualized education program, whichever is appropriate; and

        (2) Included in the pupil’s service plan developed pursuant to 34 C.F.R. § 300.455 or the pupil’s individualized education program, whichever is appropriate;

    (b) Before the procedure is used, the parent or guardian of the pupil provides his informed consent, as set forth in 34 C.F.R. § 300.500;

    (c) The procedure is carried out in accordance with the pupil’s service plan developed pursuant to 34 C.F.R. § 300.455 or the pupil’s individualized education program, whichever is appropriate;

    (d) The procedure is the lowest level of intrusiveness required to influence the behavior of the pupil and is not excessively intrusive in relation to that behavior;

    (e) The use of the procedure is supported by documentation in the pupil’s record that indicates:

        (1) Less intrusive procedures have been tried on the pupil but have failed to change the inappropriate behavior of the pupil;

        (2) The length of time the less intrusive procedures were used; and

        (3) The possible reasons why the less intrusive procedures failed;

    (f) The procedure is carried out and continuously monitored by members of the staff of the private school who are qualified and trained in the proper application of the procedure;

    (g) The pupil is protected from hazardous conditions;

    (h) Except as otherwise provided in paragraph (l), the release of the pupil from time out is contingent upon whether the pupil stops or controls the behavior that precipitated the use of time out;

    (i) The staff who are responsible for monitoring the pupil attempt to return the pupil to the activity from which he was removed at least every 30 minutes, regardless of whether the pupil stops or controls the behavior that precipitated the use of time out;

    (j) The pupil is offered access to a toilet and water at least every 30 minutes;

    (k) The pupil is released from time out immediately if he stops or controls the behavior that precipitated the time out and is returned to the activity from which he was removed, if possible; and

    (l) Placement of the pupil on time out does not exceed 60 consecutive minutes after the initiation of the time out.

    2.  The private school shall maintain a record of each time that a pupil with a disability is placed on time out.

    Sec. 73.  1.  Except as otherwise provided in subsection 2, physical restraint may be used on a pupil with a disability only if:

    (a) An emergency exists that necessitates the use of physical restraint;

    (b) The physical restraint is used only for the period that is necessary to contain the behavior of the pupil so that the pupil is no longer an immediate threat to himself or others; and

    (c) The use of force in the application of physical restraint does not exceed the force that is reasonable and necessary under the circumstances precipitating the use of physical restraint.

    2.  Physical restraint may be used on a pupil with a disability and the provisions of subsection 1 do not apply if the physical restraint is used to:

    (a) Assist the pupil in completing a task or response if the pupil does not resist the application of physical restraint or if his resistance is minimal in intensity and duration;

    (b) Escort or carry a pupil to safety if the pupil is in danger in his present location; or

    (c) Conduct medical examinations or treatments on the pupil that are necessary.

    3.  If physical restraint is used on a pupil with a disability in an emergency, the use of the procedure must be reported in the pupil’s cumulative record not later than 1 working day after the procedure is used. A copy of the report must be provided to the superintendent, the pupil’s individualized education program team, if applicable, and the parent or guardian of the pupil. 

    Sec. 74.  1.  Except as otherwise provided in subsection 2, mechanical restraint may be used on a pupil with a disability only if:

    (a) An emergency exists that necessitates the use of mechanical restraint;

    (b) A medical order authorizing the use of mechanical restraint is obtained from the pupil’s treating physician before the application of the mechanical restraint or not later than 15 minutes after the application of the mechanical restraint;

    (c) The physician who signed the order required pursuant to paragraph (b) examines the pupil on the working day immediately after the application of the mechanical restraint;

    (d) The mechanical restraint is applied by a member of the staff of the private school who is trained and qualified to apply mechanical restraint;

    (e) The pupil is released from the mechanical restraint to move and exercise the parts of his body that are restrained at least 10 minutes per every 60 minutes of restraint;

    (f) A member of the staff of the private school lessens or discontinues the restraint every 15 minutes to determine whether the pupil will stop or control his inappropriate behavior without the use of the restraint;

    (g) The record of the pupil contains a notation that includes the time of day that the restraint was lessened or discontinued pursuant to paragraph (f) and the response of the pupil; and

    (h) The pupil is released from the mechanical restraint as soon as his behavior no longer presents an immediate threat to himself or others.

    2.  Mechanical restraint may be used on a pupil with a disability and the provisions of subsection 1 do not apply if the mechanical restraint is used to:

    (a) Treat the medical needs of the pupil;

    (b) Protect a pupil who is known to be at risk of injury to himself because he lacks coordination or suffers from frequent loss of consciousness; or

    (c) Position a pupil who has physical disabilities in a manner prescribed in the pupil’s service plan developed pursuant to 34 C.F.R. § 300.455 or the pupil’s individualized education program, whichever is appropriate.

    3.  If mechanical restraint is used on a pupil with a disability in an emergency, the use of the procedure must be reported in the pupil’s cumulative record not later than 1 working day after the procedure is used. A copy of the report must be provided to the administrator of the private school, the superintendent, the pupil’s individualized education program team, if applicable, and the parent or guardian of the pupil. 

    Sec. 75.  1.  If a private school provides instruction to pupils with disabilities, the school shall develop a program of education for the members of the staff of the school who provide services to pupils with disabilities. The program of education must provide instruction in positive behavioral interventions and positive behavioral supports that:

    (a) Includes positive methods to modify the environment of pupils with disabilities to promote adaptive behavior and reduce the occurrence of inappropriate behavior;

    (b) Includes methods to teach skills to pupils with disabilities so that the pupils can replace inappropriate behavior with adaptive behavior;

    (c) Includes methods to enhance the independence and quality of life for pupils with disabilities;

    (d) Includes the use of the least intrusive methods to respond to and reinforce the behavior of pupils with disabilities; and

    (e) Offers a process for deigning interventions based upon the pupil that are focused on promoting appropriate changes in behavior as well as enhancing the overall quality of life for the pupil.

    2.  If a private school provides instruction to pupils with disabilities, the school shall provide appropriate training for the members of the staff of the school who are authorized to carry out and monitor exclusionary time out, time out in another room, physical restraint and mechanical restraint to ensure that those members of the staff are competent and qualified to carry out the procedures in accordance with sections 55 to 79, inclusive, of this act.

    Sec. 76.  1.  Unless a more severe penalty is prescribed by specific statute, a person who willfully uses aversive intervention on a pupil with a disability or violates section 71 of this act:

    (a) For a first violation that does not result in substantial bodily harm to the pupil, is guilty of a gross misdemeanor.

    (b) For a first violation that results in substantial bodily harm to the pupil, is guilty of a category B felony.

    (c) For a second or subsequent violation, is guilty of a category B felony.

A person who is convicted of a category B felony pursuant to this section shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

    2.  A person who is convicted pursuant to this section is ineligible for 5 years for employment with a private school.

    3.  A conviction pursuant to this section is grounds for disciplinary action against the person so convicted and the private school where the violation occurred. The superintendent may take appropriate action to cause the suspension or revocation of the professional license, registration, certificate or permit of a person convicted.

    Sec. 77.  1.  A private school where a violation of sections 55 to 79, inclusive, of this act occurs shall report the violation to the superintendent not later than 24 hours after the violation occurred, or as soon thereafter as the violation is discovered.

    2.  The private school where a violation occurred shall develop, in cooperation with the superintendent, a corrective plan to ensure that within 30 calendar days after the violation occurred, appropriate action is taken by the private school to prevent future violations.  

    3.  The superintendent shall submit the plan to the department. The department shall review the plan to ensure that it complies with applicable federal law and the statutes and regulations of this state. The department may require appropriate revision of the plan to ensure compliance.

    Sec. 78.  An officer, administrator or employee of a private school shall not retaliate against any person for having:

    1.  Reported a violation of sections 55 to 79, inclusive, of this act; or

    2.  Provided information regarding a violation of sections 55 to 79, inclusive, of this act,

by a private school or a member of the staff of the private school.

    Sec. 79.  1.  A denial of rights of a pupil with a disability pursuant to sections 55 to 79, inclusive, of this act must be entered in the pupil’s cumulative record. Notice of the denial must be provided to the administrator of the private school.

    2.  If the administrator of a private school receives notice of a denial of rights pursuant to subsection 1, he shall cause a full report to be prepared which must set forth in detail the factual circumstances surrounding the denial. A copy of the report must be provided to the superintendent.

    3.  The superintendent:

    (a) Shall receive reports made pursuant to subsection 2;

    (b) May investigate apparent violations of the rights of pupils with disabilities; and

    (c) May act to resolve disputes relating to apparent violations.

    Sec. 80.  Chapter 449 of NRS is hereby amended by adding thereto the provisions set forth as sections 81 to 105, inclusive, of this act.

    Sec. 81.  As used in sections 81 to 105, inclusive, of this act unless the context otherwise requires, the words and terms defined in sections 82 to 94, inclusive, of this act have the meanings ascribed to them in those sections.

    Sec. 82.  “Aversive intervention” means:

    1.  The use of noxious odors and tastes;

    2.  The use of water and other mists or sprays;

    3.  The use of blasts of air;

    4.  The use of corporal punishment;

    5.  The use of verbal and mental abuse;

    6.  The use of electric shock;

    7.  The placement of a person in seclusion;

    8.  Requiring a person to obtain or maintain a physically painful position, excluding physical restraint;

    9.  Requiring a person to perform exercise under forced conditions;

    10.  Any intervention, technique or procedure that deprives a person of the use of one or more of his senses, regardless of the length of the deprivation; or

    11.  The deprivation of necessities needed to sustain the health of a person, regardless of the length of the deprivation. The term does not include the withholding or withdrawal of life-sustaining treatment in accordance with NRS 449.626.

    Sec. 83.  “Chemical restraint” means the administration of drugs for the specific and exclusive purpose of controlling an acute or episodic aggressive behavior when alternative intervention techniques have failed to limit or control the behavior. The term does not include the administration of drugs on a regular basis, as prescribed by a physician, to treat the symptoms of mental, physical, emotional or behavioral disorders and for assisting a person in gaining self-control over his impulses.

    Sec. 84.  “Corporal punishment” means the intentional infliction of physical pain, including, without limitation, hitting, pinching or striking.

    Sec. 85.  “Electric shock” means the application of electric current to a person’s skin or body.

    Sec. 86.  “Emergency” means a situation in which immediate intervention is necessary to protect the physical safety of a person or others from an immediate threat of physical injury or to protect against an immediate threat of severe property damage.

    Sec. 87.  “Exclusionary time out” means the removal of a person from an ongoing activity to a location where the person cannot observe the activity.

    Sec. 88.  “Facility” means a facility that is licensed pursuant to this chapter.

    Sec. 89.  “Mechanical restraint” means the use of devices, including, without limitation, mittens, straps and restraint chairs to limit a person’s movement or hold a person immobile.

    Sec. 90.  “Person with a disability” means a person who:

    1.  Has a physical or mental impairment that substantially limits one or more of the major life activities of the person;

    2.  Has a record of such an impairment; or

    3.  Is regarded as having such an impairment.

    Sec. 91.  “Physical restraint” means the use of physical contact to limit a person’s movement or hold a person immobile.

    Sec. 92.  “Seclusion” means the placement of a person alone in a room where release from the room is prohibited by a mechanism, including, without limitation, a lock, device or object positioned to hold the door closed or otherwise prevent the person from leaving the room. The term does not include exclusionary time out or time out in another room.

    Sec. 93.  “Time out in another room” means the removal of a person from an ongoing activity to an unlocked room where the door to the room is held shut by another person or by a mechanism that requires the constant physical pressure of another person to keep the mechanism engaged. The term is equivalent to the term “time-out room” as referred to in 42 C.F.R. § 483.450.

    Sec. 94.  “Verbal and mental abuse” means actions or utterances that cause mental distress including, without limitation, the use of obscene gestures and words to frighten, humiliate, intimidate, threaten or insult.

    Sec. 95.  A person employed by a facility licensed pursuant to this chapter or any other person shall not use any aversive intervention on a person with a disability who is a patient at the facility.

    Sec. 96.  A person employed by a facility licensed pursuant to this chapter or any other person shall not:

    1.  Except as otherwise provided in section 97 of this act, place a person with a disability who is a patient at the facility on exclusionary time out or time out in another room.

    2.  Except as otherwise provided in section 98 of this act, use physical restraint on a person with a disability who is a patient at the facility.

    3.  Except as otherwise provided in section 99 of this act, use mechanical restraint on a person with a disability who is a patient at the facility.

    4.  Except as otherwise provided in section 100 of this act, use chemical restraint on a person with a disability who is a patient at the facility.

    Sec. 97.  1.  A person with a disability who is a patient at a facility may be placed on exclusionary time out or time out in another room if:

    (a) The use of the procedure is:

        (1) Based upon a need identified in the patient’s plan of treatment; and

        (2) Included in the patient’s plan of treatment, for which informed consent has been obtained pursuant subsections 3 and 4;

    (b) The procedure is carried out in accordance with the patient’s plan of treatment;

    (c) The procedure is the lowest level of intrusiveness required to influence the behavior of the patient and is not excessively intrusive in relation to that behavior;

    (d) The use of the procedure is supported by documentation in the patient’s record that indicates:

        (1) Less intrusive procedures have been tried on the patient but have failed to change the inappropriate behavior of the patient;

        (2) The length of time the less intrusive procedures were used; and

        (3) The possible reasons why the less intrusive procedures failed;

    (e) The procedure is carried out and continuously monitored by members of the staff of the facility who are qualified and trained in the proper application of the procedure;

    (f) The patient is protected from hazardous conditions;

    (g) Except as otherwise provided in paragraph (k), the release of the patient from time out is contingent upon whether the patient stops or controls the behavior that precipitated the use of time out;

    (h) The staff who are responsible for monitoring the patient attempt to return the patient to the activity from which he was removed at least every 30 minutes, regardless of whether the patient stops or controls the behavior that precipitated the use of time out;

    (i) The patient is offered access to a toilet and water at least every 30 minutes;

    (j) The patient is released from time out immediately if he stops or controls the behavior that precipitated the time out and is returned to the activity from which he was removed, if possible; and

    (k) Placement of the patient on time out does not exceed 60 consecutive minutes after the initiation of the time out.

    2.  A facility shall maintain a record of each time that a person with a disability who is a patient at the facility is placed on time out.

    3.  Before exclusionary time out or time out in another room is included in a patient’s plan of treatment at a facility, the facility shall obtain the written informed consent of:

    (a) The patient if he is at least 18 years of age or legally emancipated and competent to give that consent, and from his legal guardian, if any;

    (b) The parent or guardian of the patient if the patient is under 18 years of age and not legally emancipated; or

    (c) The legal guardian of a patient of any age who has been adjudicated mentally incompetent.

The consent required by this subsection may be withdrawn in writing at any time with or without cause.

    4.  An informed consent requires that the person whose consent is sought is adequately informed of:

    (a) The nature and consequences of the procedure;

    (b) The reasonable risks, benefits and purposes of the procedure; and

    (c) Alternative procedures available.

    Sec. 98.  1.  Except as otherwise provided in subsection 2, physical restraint may be used on a patient with a disability who is a patient at a facility only if:

    (a) An emergency exists that necessitates the use of physical restraint;

    (b) The physical restraint is used only for the period that is necessary to contain the behavior of the patient so that the patient is no longer an immediate threat to himself or others; and

    (c) The use of force in the application of physical restraint does not exceed the force that is reasonable and necessary under the circumstances precipitating the use of physical restraint.

    2.  Physical restraint may be used on a person with a disability who is a patient at a facility and the provisions of subsection 1 do not apply if the physical restraint is used to:

    (a) Assist the patient in completing a task or response if the patient does not resist the application of physical restraint or if his resistance is minimal in intensity and duration;

    (b) Escort or carry a patient to safety if the patient is in danger in his present location; or

    (c) Conduct medical examinations or treatments on the patient that are necessary.

    3.  If physical restraint is used on a patient in an emergency, the use of the procedure must be reported as a denial of rights pursuant to section 105 of this act, regardless of whether the use of the procedure is authorized by statute. The report must be made not later than 1 working day after the procedure is used.

    Sec. 99.  1.  Except as otherwise provided in subsection 2, mechanical restraint may be used on a person with a disability who is a patient at a facility only if:

    (a) An emergency exists that necessitates the use of mechanical restraint;

    (b) A medical order authorizing the use of mechanical restraint is obtained from the patient’s treating physician before the application of the mechanical restraint or not later than 15 minutes after the application of the mechanical restraint;

    (c) The physician who signed the order required pursuant to paragraph (b) examines the patient on the working day immediately after the application of the mechanical restraint;

    (d) The mechanical restraint is applied by a member of the staff of the facility who is trained and qualified to apply mechanical restraint;

    (e) The patient is released from the mechanical restraint to move and exercise the parts of his body that are restrained at least 10 minutes per every 60 minutes of restraint;

    (f) A member of the staff of the facility lessens or discontinues the restraint every 15 minutes to determine whether the patient will stop or control his inappropriate behavior without the use of the restraint;

    (g) The record of the patient contains a notation that includes the time of day that the restraint was lessened or discontinued pursuant to paragraph (f) and the response of the patient; and

    (h) The patient is released from the mechanical restraint as soon as his behavior no longer presents an immediate threat to himself or others.

    2.  Mechanical restraint may be used on a person with a disability who is a patient at a facility and the provisions of subsection 1 do not apply if the mechanical restraint is used to:

    (a) Treat the medical needs of a patient;

    (b) Protect a patient who is known to be at risk of injury to himself because he lacks coordination or suffers from frequent loss of consciousness; or

    (c) Position a patient who has physical disabilities in a manner prescribed in the patient’s plan of treatment.

    3.  If mechanical restraint is used on a patient in an emergency, the use of the procedure must be reported as a denial of rights pursuant to section 105 of this act, regardless of whether the use of the procedure is authorized by statute. The report must be made not later than 1 working day after the procedure is used.

    Sec. 100.  1.  Chemical restraint may only be administered to a person with a disability who is a patient at an independent center for emergency medical care. The chemical restraint must be administered in accordance with section 19 of this act.

    2.  Each independent center for emergency medical care shall provide appropriate training for the members of the staff of the center who are authorized to administer chemical restraint to ensure that those members of the staff are competent and qualified to carry out the procedure in accordance with section 19 of this act.

    Sec. 101.  1.  Each facility shall develop a program of education for the members of the staff of the facility to provide instruction in positive behavioral interventions and positive behavioral supports that:

    (a) Includes positive methods to modify the environment of patients to promote adaptive behavior and reduce the occurrence of inappropriate behavior;

    (b) Includes methods to teach skills to patients so that patients can replace inappropriate behavior with adaptive behavior;

    (c) Includes methods to enhance a patient’s independence and quality of life;

    (d) Includes the use of the least intrusive methods to respond to and reinforce the behavior of patients; and

    (e) Offers a process for designing interventions based upon the patient that are focused on promoting appropriate changes in behavior as well as enhancing the overall quality of life for the patient.

    2.  Each facility shall provide appropriate training for the members of the staff of the facility who are authorized to carry out and monitor exclusionary time out, time out in another room, physical restraint and mechanical restraint to ensure that those members of the staff are competent and qualified to carry out the procedures in accordance with sections 81 to 105, inclusive, of this act.

    Sec. 102.  1.  Unless a more severe penalty is prescribed by specific statute, a person who willfully uses aversive intervention on a person with a disability who is a patient at a facility or violates section 96 of this act:

    (a) For a first violation that does not result in substantial bodily harm to the person with a disability, is guilty of a gross misdemeanor.

    (b) For a first violation that results in substantial bodily harm to the person with a disability, is guilty of a category B felony.

    (c) For a second or subsequent violation, is guilty of a category B felony.

A person who is convicted of a category B felony pursuant to this section shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

    2.  A person who is convicted pursuant to this section is ineligible for 5 years for employment with a facility.

    3.  A conviction pursuant to this section is, when applicable, grounds for disciplinary action against the person so convicted and the facility where the violation occurred. The health division may recommend to the appropriate agency or board the suspension or revocation of the professional license, registration, certificate or permit of a person convicted.

    Sec. 103.  1.  A facility where a violation of the provisions of sections 81 to 105, inclusive, of this act occurs shall report the violation to the health division not later than 24 hours after the violation occurred, or as soon thereafter as the violation is discovered.

    2.  A facility where a violation occurred shall develop, in cooperation with the health division, a corrective plan to ensure that within 30 calendar days after the violation occurred, appropriate action is taken by the facility to prevent future violations.  

    3.  The health division shall forward the plan to the board. The board shall review the plan to ensure that it complies with applicable federal law and the statutes and regulations of this state. The board may require appropriate revision of the plan to ensure compliance.

    4.  If the facility where the violation occurred does not meet the requirements of the plan to the satisfaction of the board, the board may direct the agency that administers funding for the facility to withhold state funding for the facility until the facility meets the requirements of the plan.

    Sec. 104.  An officer, administrator or employee of a facility licensed pursuant to this chapter shall not retaliate against any person for having:

    1.  Reported a violation of sections 81 to 105, inclusive, of this act; or

    2.  Provided information regarding a violation of sections 81 to 105, inclusive, of this act,

by a facility or a member of the staff of the facility.

    Sec. 105.  1.  A denial of rights of a person with a disability who is a patient of a facility pursuant to sections 81 to 105, inclusive, of this act must be entered in the patient’s record. Notice of the denial must be provided to the administrator of the facility.

    2.  If the administrator of a facility receives notice of a denial of rights pursuant to subsection 1, he shall cause a full report to be prepared which must set forth in detail the factual circumstances surrounding the denial. A copy of the report must be provided to the health division.

    3.  The health division:

    (a) Shall receive reports made pursuant to subsection 2;

    (b) May investigate apparent violations of the rights of persons with disabilities who are patients at facilities; and

    (c) May act to resolve disputes relating to apparent violations.

    Sec. 106.  NRS 449.730 is hereby amended to read as follows:

    449.730  1.  Every medical facility and facility for the dependent shall inform each patient or his legal representative, upon his admission to the facility, of the patient’s rights as listed in NRS 449.700, 449.710 and 449.720.

    2.  In addition to the requirements of subsection 1, if a person with a disability is a patient at a medical facility or facility for the dependent, the facility shall inform the patient of his rights pursuant to sections 81 to 105, inclusive, of this act.

    Sec. 107.  NRS 449.850 is hereby amended to read as follows:

    449.850  1.  The attorney in fact may not consent to:

    (a) Commitment or placement of the principal in a facility for treatment of mental illness;

    (b) Convulsive treatment;

    (c) Psychosurgery;

    (d) Sterilization;

    (e) Abortion; [or]

    (f) Aversive intervention, as that term is defined in section 82 of this act; or

    (g) Any other treatment to which the principal, in the power of attorney, states that the attorney in fact may not consent.

    2.  The attorney in fact must make decisions concerning the use or nonuse of life sustaining treatment which conform to the known desires of the principal. The principal may make these desires known in the power of attorney.

    Sec. 108.  The amendatory provisions of this act do not apply to offenses that were committed before October 1, 1999.”.

    Amend the bill as a whole by adding a preamble, immediately preceding the enacting clause, to read as follows:

    “Whereas, Providing appropriate health and educational services to persons with disabilities is essential to fulfilling this state’s important goal of ensuring equality of opportunity, full participation, independent living and economic self-sufficiency for persons with disabilities; and

    Whereas, A person with a disability who is receiving health or educational services in this state is entitled to receive those services in an environment that is the least restrictive, as determined by his disability, and is entitled to be treated with dignity and respect by the staff of the facility or school where he is receiving services; and

    Whereas, A person with a disability who is receiving health or educational services in this stateis entitled to a comprehensive treatment or educational program that does not authorize disciplinary measures when convenient for the members of the staff of the facility or school; now, therefore,”.

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

“and deprivation techniques”.

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

“and deprivation techniques”.

    Assemblywoman Freeman moved the adoption of the amendment.

    Remarks by Assemblywoman Freeman.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 298.

    Bill read second time.

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

    Amendment No. 560.

    Amend sec. 2, page 1, line 3, by deleting “A” and inserting:

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

    Amend sec. 2, page 1, by deleting lines 7 and 8 and inserting:

“finances a public work may adopt criteria for the qualification of bidders on contracts for public works of the local government. If a governing body adopts criteria pursuant to this subsection, the governing body shall use the criteria to determine the qualification of bidders on contracts for public works of the local government.”.

    Amend sec. 2, page 1, by deleting lines 12 through 14 and inserting:

“subsection must be used by the state public works board to determine the qualification of bidders on contracts for public works of this state.

    4.  A public body may accept a bid on a contract for a public work from a person who does not qualify pursuant to section 4 of this act if the person holds:

    (a) An unlimited contractor’s license issued by the state contractors’ board in the branch of general engineering contracting or general building contracting, or in both branches, and:

        (1) At the time he submits his bid, he provides a bid bond equal to 10 percent of the amount of the bid; and

        (2) At the time the contract is awarded, he provides a performance bond, a labor and material bond, and a guaranty bond, each equal to 100 percent of the amount of the contract; or

    (b) A contractor’s license issued by the state contractors’ board that is designated in any classification if he:

        (1) Has, in the 5 years immediately preceding the submission of the bid, been found to be a responsible contractor in the classification in which his contractor’s license is designated;

        (2) Provides a bid bond, a performance bond, a guaranty bond and a labor and material bond in such amounts as the state public works board or governing body may require; and

        (3) Employs a person determined by the state contractors’ board to be qualified to supervise each classification of construction upon which the person submitting the bid is bidding.

    5.  Before adopting criteria pursuant to this section, the state public works board or a governing body shall hold at least one public hearing to solicit and evaluate public opinion regarding the criteria to be adopted. Notice of such a hearing must be provided by mail at least 10 days before the hearing to:

    (a) Construction trade associations; and

    (b) Labor unions representing trades in the building industry.”.

    Amend sec. 3, pages 1 and 2, by deleting lines 15 through 18 on page 1 and lines 1 through 19 on page 2, and inserting:

    “Sec. 3.  The criteria adopted by the state public works board or a governing body pursuant to section 2 of this act to determine whether an applicant is qualified to bid on a contract for a public work:

    1.  Must be adopted in such a form that the determination of whether an applicant is qualified to bid on a contract for a public work does not require or allow the exercise of discretion by any one person.

    2.  May include only:

    (a) The financial ability of the applicant to perform the contract;

    (b) The principal personnel of the applicant;

    (c) Whether the applicant has breached any contracts with a public agency or person in this state or any other state; and

    (d) Whether the applicant has been disqualified from being awarded the contract pursuant to NRS 338.017 or 338.145.”.

    Amend sec. 4, page 2, line 20, by deleting “A” and inserting:

“Except as otherwise provided in subsection 4 of section 2 of this act, a”.

    Amend sec. 4, page 2, line 35, by deleting:

“adopted pursuant to section 2” and inserting:

“described in section 3”.

    Amend sec. 4, page 2, between lines 36 and 37, by inserting:

    “5.  Financial information and other data pertaining to the net worth of an applicant which is gathered by or provided to the state public works board or a governing body to determine the financial ability of an applicant to perform a contract is confidential and not open to public inspection.”.

    Amend sec. 6, page 3, line 20, by deleting “act.” and inserting:

“act or was exempt from meeting such qualifications pursuant to subsection 4 of section 2 of this act.”.

    Amend sec. 7, page 4, line 41, by deleting “contract; and” and inserting:

“contract or must be exempt from meeting such qualifications pursuant to subsection 4 of section 2 of this act; and”.

    Amend sec. 7, page 5, line 9, by deleting “act;” and inserting:

“act, unless the bidder is exempt from meeting such qualifications pursuant to subsection 4 of section 2 of this act;”.

    Amend sec. 8, page 6, line 22, by deleting “contract; and” and inserting:

“contract or must be exempt from meeting such qualifications pursuant to subsection 4 of section 2 of this act; and”.

    Amend sec. 8, page 6, line 33, by deleting “act;” and inserting:

“act, unless the bidder is exempt from meeting such qualifications pursuant to subsection 4 of section 2 of this act;”.

    Amend sec. 9, page 7, line 35, after “act” by inserting:

“or was exempt from meeting such qualifications pursuant to subsection 4 of section 2 of this act”.

    Amend sec. 10, page 8, line 3, by deleting “act;” and inserting:

“act or is exempt from meeting such qualifications pursuant to subsection 4 of section 2 of this act;”.

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

“qualification of bidders on certain contracts for public works; requiring a person to qualify before bidding on such contracts in certain circumstances; and providing other matters properly”.

    Amend the summary of the bill, first line, by deleting “bidding.” and inserting:

“bidding in certain circumstances.”.

    Assemblyman Bache moved the adoption of the amendment.

    Remarks by Assemblyman Bache.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 326.

    Bill read second time.

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

    Amendment No. 653.

    Amend section 1, page 1, line 3, by deleting “14” and inserting “11”.

    Amend sec. 2, page 2, line 19, by deleting “14,” and inserting:

“11 of this act,”.

    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, lines 20 and 21, by deleting:

“section 3 of this act and”.

    Amend the bill as a whole by deleting sections 6 and 7 and renumbering sections 8 through 21 as sections 5 through 18.

    Amend sec. 10, page 8, by deleting lines 33 through 43 and inserting:

“disability and is stable and ratable, the insurer shall schedule an appointment with [a] the rating physician or chiropractor selected pursuant to this subsection to determine the extent of the employee’s disability. Unless the insurer and the injured employee otherwise agree to a rating physician or chiropractor:

    (a) The insurer shall select [a] the rating physician or chiropractor from [a group]the list of qualified rating physicians and chiropractors designated”.

    Amend sec. 10, page 9, by deleting line 4 and inserting:

“division pursuant to NRS 616C.110.

    (b) Rating physicians and chiropractors”.

    Amend sec. 14, page 14, by deleting lines 6 through 8 and inserting:

“insurer or a third-party administrator, by a claimant who has not accepted a benefit penalty pursuant to NRS 616D.120, which alleges that the insurer or third-party administrator has, with knowledge of or reckless disregard for his lack of a justification, denied or unreasonably delayed payment of compensation to that claimant.”.

    Amend sec. 14, page 14, line 10, after “third-party administrator” by inserting:

“pursuant to subsection 1”.

    Amend sec. 14, page 14, line 17, by deleting “administrator.” and inserting:

“administrator pursuant to subsection 1.”.

    Amend sec. 14, page 14, line 22, after “administrator” by inserting:

“pursuant to subsection 1”.

    Amend sec. 14, page 14, line 26, after “administrator” by inserting:

“pursuant to subsection 1”.

    Amend sec. 14, page 14, line 29, by deleting the italicized comma and inserting:

“pursuant to subsection 1,”.

    Amend sec. 14, page 14, line 35, by deleting “administrator;” and inserting:

“administrator pursuant to subsection 1;”.

    Amend sec. 15, page 15, line 3, by deleting “14” and inserting “11”.

    Amend sec. 16, page 15, line 10, by deleting “14” and inserting “11”.

    Amend sec. 16, page 15, line 14, by deleting “14” and inserting “11”.

    Amend sec. 17, page 15, line 24, by deleting “14” and inserting “11”.

    Amend sec. 17, page 15, line 29, by deleting “14” and inserting “11”.

    Amend sec. 18, page 18, line 4, by deleting “14” and inserting “11”.

    Amend sec. 18, page 18, line 16, by deleting “14” and inserting “11”.

    Amend sec, 18, page 18, line 21, by deleting “14” and inserting “11”.

    Amend sec, 18, page 18, line 24, by deleting “14” and inserting “11”.

    Amend sec. 19, page 19, line 38, by deleting “14” and inserting “11”.

    Amend sec. 19, page 19, line 40, by deleting “14” and inserting “11”.

    Amend sec. 19, page 20, line 22, by deleting “14” and inserting “11”.

    Amend sec. 21, page 21, line 16, by deleting “14” and inserting “11”.

    Amend the title of the bill to read as follows:

“AN ACT relating to industrial insurance; requiring an insurer to reimburse an injured employee for the expense of a second determination of disability under certain circumstances; revising the provisions governing the effect on the availability of compensation of a preexisting condition and of an aggravation of an industrial injury or disease that is not related to employment; revising the provisions governing the determination and provision of compensation for permanent total disability, temporary total disability and permanent partial disability; expanding the maximum length of certain programs of vocational rehabilitation; authorizing vocational rehabilitation services to be provided outside of this state under certain circumstances; authorizing a claimant to bring and maintain certain causes of action against an insurer or third-party administrator if the claimant does not accept a benefit penalty; 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. 373.

    Bill read second time.

    The following amendment was proposed by the Committee on Health and Human Services:

    Amendment No. 499.

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

“2 and 3” and inserting:

“2 to 5, inclusive,”.

    Amend sec. 3, page 1, line 8, by deleting “A” and inserting:

“Except as otherwise provided in subsection 5, a”.

    Amend sec. 3, page 2, by deleting lines 9 through 12 and inserting:

“of such a business shall not:

    (a) Refer a person to a residential facility for groups that is not licensed.

    (b) Accept or receive a fee for the referral of a person to a residential facility for groups either from or on behalf of the person who is referred to the facility or from the facility to which the person is referred.

A person who violates the provisions of this subsection is liable for a civil penalty to be recovered by the attorney general in the name of the state board of health for the first offense of $10,000 and for a second or subsequent offense of not less than $10,000 nor more than $20,000. Unless otherwise required by federal law, the state board of health shall deposit all civil penalties collected pursuant to this section into a separate account in the state general fund to be used for the enforcement of this section and the protection of the health, safety, well‑being and property of residences of residential facilities for groups.

    5.  This section does not apply to a medical facility that is licensed pursuant to NRS 449.001 to 449.240, inclusive, this section and sections 2 and 4 of this act, on October 1, 1999.”.

    Amend the bill as a whole by deleting sec. 4, renumbering sections 5 through 9 as sections 6 through 10 and adding new sections designated sections 4 and 5, following sec. 3, to read as follows:

    “Sec. 4.  If the health division suspends or revokes the license of a person who operates a residential facility for groups for conduct or a practice detrimental to the health or safety of the occupants of the facility, the division shall suspend or revoke the license of all residential facilities for groups operated by that person.  The person who operates the facility shall move all of the persons who are receiving services in the residential facilities for groups to other licensed residential facilities for groups at his own expense.

    Sec. 5.  The provisions of NRS 449.249, 449.2493 and 449.2496 apply to homes for individual residential care in a county whose population is less than 100,000.”.

    Amend sec. 5, page 2, lines 33 and 34, by deleting “or

    [(d)]” and inserting “[or

    (d)]”.

    Amend sec. 5, page 2, line 35, by deleting the period and inserting:

“[.] ; or

    (d) A home for individual residential care in a county whose population is less than 100,000.”.

    Amend sec. 6, page 2, line 40, by deleting:

“2 and 3” and inserting:

“2, 3 and 4”.

    Amend sec. 7, page 4, line 12, by deleting “plans” and inserting “regulations”.

    Amend sec. 8, page 4, by deleting lines 32 and 33 and inserting:

“license issued by the health division:

    (a) Is liable for a civil penalty to be recovered by the attorney general in the name of the health division for the first offense of $10,000 and for a second or subsequent offense of not less than $10,000 nor more than $20,000;”.

    Amend sec. 8, pages 4 and 5, by deleting lines 40 through 42 on page 4 and lines 1 and 2 on page 5, and inserting:

“unless otherwise required by federal law, the health division shall deposit all civil penalties collected pursuant to this section into a separate account in the state general fund to be used for the protection of the health, safety and well‑being of patients including residents of residential facilities for groups.”.

    Amend the bill as a whole by deleting sections 10 through 19 and renumbering sec. 20 as sec. 11.

    Amend sec. 20, page 9, line 3, by deleting:

“2 or 3” and inserting:

“2, 3 or 4”.

    Amend the bill as a whole by deleting sec. 21 and renumbering sec. 22 as sec. 12.

    Amend sec. 22, page 9, line 19, after “1999,” by inserting:

“in a county whose population is 100,000 or more,”.

    Amend sec. 22, page 9, line 31, by deleting “1999.” and inserting:

“1999, in a county whose population is 100,000 or more.”.

    Amend sec. 22, page 9, line 37, after “1999,” by inserting:

“in a county whose population is 100,000 or more,”.

    Amend sec. 22, page 9, line 38, by deleting “remaining,” and inserting:

“remaining in such counties,”.

    Amend the bill as a whole by deleting sec. 23 and renumbering sec. 24 as sec. 13.

    Amend sec. 24, page 10, by deleting lines 4 through 8 and inserting:

    “Sec. 13.  The amendatory provisions of this act do not apply to offenses that were committed before October 1, 1999.”.

   Amend the bill as a whole by deleting sec. 25 and the text of repealed sections.

    Amend the title of the bill to read as follows:

“AN ACT relating to health care; making various changes concerning certain health care facilities; requiring licensure of homes for individual residential care in certain counties; providing civil penalties; and providing other matters properly relating thereto.”.

    Assemblywoman Freeman moved the adoption of the amendment.

    Remarks by Assemblywoman Freeman.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 424.

    Bill read second time.

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

    Amendment No. 558.

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

“2, 3 and 4” and inserting:

“2 and 3”.

    Amend sec. 2, pages 1 and 2, by deleting lines 3 through 10 on page 1 and lines 1 through 12 on page 2, and inserting:

    “Sec. 2.  The legislature hereby finds and declares that:

    1.  The process of regional planning in a county whose population is 100,000 or more but less than 400,000, as set forth in NRS 278.026 to 278.029, inclusive, and sections 2 and 3 of this act, ensures that comprehensive planning will be carried out with respect to population, conservation, land use and transportation, public facilities and services, annexation and intergovernmental coordination.

    2.  The process of regional planning set forth in NRS 278.026 to 278.029, inclusive, and sections 2 and 3 of this act, does not specifically limit the premature expansion of development into undeveloped areas or address the unique needs and opportunities that are characteristic of older neighborhoods in a county whose population is 100,000 or more but less than 400,000.

    3.  The problem of the premature expansion of development into undeveloped areas and the unique needs and opportunities that are characteristic of older neighborhoods may be addressed through:

    (a) Cooperative efforts to preserve and revitalize urban areas and older neighborhoods; and

    (b) Review of the master plans, facilities plans and other similar plans of local governments and other affected entities.

    4.  It is the intent of the legislature with respect to NRS 278.026 to 278.029, inclusive, and sections 2 and 3 of this act, that each local government and affected entity shall exercise its powers and duties in a manner that is in harmony with the powers and duties exercised by other local governments and affected entities to enhance the long-term health and welfare of the county and all its residents.”.

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

    “Sec. 4.  (Deleted by amendment.)”.

    Amend sec. 5, page 3, line 10, by deleting “10” and inserting “20”.

    Amend sec. 6, page 3, line 17, by deleting:

“2, 3 and 4” and inserting:

“2 and 3”.

    Amend sec. 6, page 3, line 24, by deleting “agency;” and inserting:

“agency [;] other than the University and Community College System of Nevada;”.

    Amend sec. 7, pages 4 and 5, by deleting lines 39 through 43 on page 4 and lines 1 through 26 on page 5, and inserting:

“consisting of [:] 10 members appointed as follows:

    (a) Three members [from the local planning commission of each city in] appointed by the governing body of the county [whose population is 40,000 or more, appointed by the respective governing bodies of those cities;

    (b) One member from the local planning commission of each] , at least one of whom must represent a neighborhood advisory group in the county if such a group exists;

    (b) Three members appointed by the governing body of the largest city in the county [whose population is less than 40,000, appointed by the respective governing bodies of those cities; and] , at least one of whom must represent a neighborhood advisory group in the city if such a group exists;

    (c) Three members [from the local planning commission of the county,] appointed by the governing body of the second largest city in the county, at least [two] one of whom must [reside in unincorporated areas of the county.]represent a neighborhood advisory group in the city if such a group exists; and

    (d) One member to represent the interests of schools in the county, appointed by the board of trustees of the county school district.”.

    Amend sec. 7, page 5, by deleting lines 29 through 34 and inserting:

“his successor. A member may be reappointed. [A member who ceases to be a member of the local planning commission of the jurisdiction from which he is appointed automatically ceases to be a member of the commission.] A vacancy must be filled for the unexpired term by the [governing body] appointing authority which made the original appointment.”.

    Amend sec. 7, page 5, lines 38 and 39 by deleting:

“pursuant to paragraph (a) or (b) of subsection 1,”.

    Amend sec. 7, page 5, line 41, by deleting “governing bodies.” and inserting:

“[governing bodies.] appointing authorities set forth in subsection 1.”.

    Amend sec. 7, page 5, after line 43, by inserting:

    “5.  Each member of the commission must successfully complete the course of training prescribed by the governing body pursuant to subsection 2 of NRS 278.0265 within 1 year after the date on which his term of appointment commences. A member who fails to complete successfully the course of training as required pursuant to this subsection forfeits his appointment 1 year after the date on which his term of appointment commenced.”.

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

    “Sec. 7.5.  NRS 278.0265 is hereby amended to read as follows:

    278.0265  The governing board:

    1.  Shall adopt such regulations as are necessary to carry out its specific powers and duties.

    2.  Shall prescribe an appropriate course of at least 12 hours of training in land use planning for the members of the regional planning commission. The course of training must include, without limitation, training relating to:

    (a) State statutes and regulations and local ordinances, resolutions and regulations concerning land use planning; and

    (b) The provisions of chapter 241 of NRS.

    3.  May establish and collect reasonable fees for the provision of any service that is authorized pursuant to the provisions of NRS 278.026 to 278.029, inclusive[.] , and sections 2 and 3 of this act.”.

    Amend sec. 8, page 6, by deleting lines 10 through 14 and inserting:

    “3.  The limitation of the premature expansion of development into undeveloped areas, preservation of neighborhoods and revitalization of urban areas, including, without limitation, policies that relate to the interspersion of new housing and businesses in established neighborhoods and set forth principles by which growth will be directed to older urban areas.”.

    Amend sec. 8, page 7, by deleting lines 3 and 4 and inserting “commission regarding”.

    Amend the bill as a whole by adding a new section designated sec. 8.5, following sec. 8, to read as follows:

    “Sec. 8.5.  NRS 278.0284 is hereby amended to read as follows:

    278.0284  1.  Any action of a local government relating to development, zoning, the subdivision of land or capital improvements must conform to the master plan of the local government[.] and the comprehensive regional plan. In adopting any ordinance or regulation relating to development, zoning, the subdivision of land or capital improvements, the local government shall make [a specific finding] specific findings that the ordinance conforms to the master plan[.] and the comprehensive regional plan. Within 1 year after its adoption of any portion of a master plan, the local government shall review and, if necessary, amend its existing ordinances to ensure their conformity with the provisions of the master plan. If any provision of the master plan is inconsistent with any regulation relating to land development, the provision of the master plan governs any action taken in regard to an application for development.

    2.  The regional planning commission shall adopt regulations concerning the resolution of disputes between persons, local governments and the regional planning commission regarding whether an action taken by or an ordinance or resolution adopted by a local government conforms to the provisions of the comprehensive regional plan as required pursuant to subsection 1.”.

    Amend sec. 10, pages 8 and 9, by deleting sec. 10 and inserting:

    “Sec. 10.  (Deleted by amendment.)”.

    Amend the bill as a whole by adding a new section designated sec. 12, following sec. 11, to read as follows:

    “Sec. 12.  1.  The governing board for regional planning, created pursuant to NRS 278.0264, shall prescribe the course of training described in subsection 2 of NRS 278.0265 on or before June 30, 2000.

    2.  Notwithstanding the provisions of subsection 5 of NRS 278.0262, a member of the regional planning commission whose term of appointment commences on or before January 1, 2001, must successfully complete the course of training prescribed by the governing body pursuant to subsection 2 of NRS 278.0265 on or before June 30, 2001. A member who fails to complete successfully the course of training as required pursuant to this subsection forfeits his appointment on June 30, 2001.”.

    Amend the title of the bill to read as follows:

“AN ACT relating to land use planning; revising provisions regarding plans for capital improvements; changing the composition of the regional planning commission; expanding the contents of a comprehensive regional plan; requiring members of the regional planning commission to complete certain training; requiring certain local governments to conform their actions, ordinances and regulations to the comprehensive regional plan and providing for the adoption of regulations concerning the resolution of disputes relating to such a requirement; authorizing the governing body of a local government to use certain land use controls and principles of zoning; and providing other matters properly relating thereto.”.

    Assemblywoman Freeman moved the adoption of the amendment.

    Remarks by Assemblywoman Freeman.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 490.

    Bill read second time.

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

    Amendment No. 410.

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

“section if the channel is cleared, maintained or restored pursuant to :

    (a) Except as otherwise provided in subsection 5, a permit”.

    Amend section 1, page 2, by deleting lines 8 through 22 and inserting:

    “5.  Subject to the limitations contained in subsection 6, an incorporated city, county or political subdivision, and its employees and agents, may conduct clearance, maintenance, restoration, surveying and monumenting without obtaining a grant, without obtaining a permit issued by the division of state lands or the division of environmental protection of the state department of conservation and natural resources and without paying application or permit fees for such permits if:

    (a) The governmental entity applies for the applicable permits from the division of state lands and from the division of environmental protection of the state department of conservation and natural resources;

    (b) The governmental entity obtains all other permits and approvals as are required by law;

    (c) The governmental entity applies for a grant pursuant to subsection 3; and

    (d) The grant is denied for lack of money in the account after:

        (1) The state engineer requests an allocation from the contingency fund pursuant to subsection 4 of NRS 532.230; and

        (2) An allocation from the contingency fund is not made within 90 days after the request is made.

The immunity provided in subsection 4 applies to any action taken without a permit by a state governmental entity in accordance with this subsection. The division of state lands and the division of environmental protection of the state department of conservation and natural resources shall refund the application or permit fees, if any, paid by a governmental entity to apply for permits relating to work performed pursuant to this subsection if the grant is denied for lack of money and the state permits are not issued for that reason.

    6.  If a permit is issued by the division of state lands or by the division of environmental protection of the state department of conservation and natural resources to a governmental entity who performs work pursuant to subsection 5, the work performed by or on behalf of the governmental entity pursuant to subsection 5 must be performed in accordance with the permit or permits. If no such permit is issued, the work must be:

    (a) Limited to the work for which the grant and permits were requested; and

    (b) Conducted in accordance with accepted best management practices.

    7.  As used in this section, “navigable river” means a river or stream”.

    Amend sec. 2, pages 2 and 3, by deleting line 42 on page 2 and lines 1 through 4 on page 3, and inserting:

“and its employees and agents, may conduct the work for which the grant was requested pursuant to subsection 3 of NRS 532.220.”.

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

    “Sec. 3.  NRS 445A.465 is hereby amended to read as follows:

    445A.465  1.  Except as otherwise provided in NRS 532.230 or except as authorized by a permit issued by the department pursuant to the provisions of NRS 445A.300 to 445A.730, inclusive, and regulations adopted by the commission, it is unlawful for any person to:

    (a) Discharge from any point source any pollutant into any waters of the state or any treatment works.

    (b) Inject fluids through a well into any waters of the state.

    (c) Discharge from a point source a pollutant or inject fluids through a well that could be carried into the waters of the state by any means.

    (d) Allow a pollutant discharged from a point source or fluids injected through a well to remain in a place where the pollutant or fluids could be carried into the waters of the state by any means.

    2.  The commission shall adopt regulations which provide a simplified procedure for approval by the department of permits that are required by subsection 1 for work related to clearing and maintaining the channel of a navigable river, including, without limitation, dredging or filling, bank stabilization or restoration, channel clearance, construction of irrigation diversions or the clearance of vegetation, debris or temporary obstructions. The regulations must include a limitation on the time allowed for the processing of an application for such a permit to not more than 60 days after receipt by the department of a completed application and any required fees, unless the administrator determines that it is in the public interest to hold a public hearing regarding the application and promptly notifies the applicant of that determination.”.

    Amend the title of the bill to read as follows:

“AN ACT relating to navigable rivers; authorizing under certain circumstances a governmental entity, its employees and agents to conduct channel clearance of rivers without certain permits; expanding the related provision regarding immunity; and providing other matters properly relating thereto.”.

    Assemblyman Hettrick moved the adoption of the amendment.

    Remarks by Assemblyman Hettrick.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 509.

    Bill read second time.

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

    Amendment No. 622.

    Amend the bill as a whole by deleting sections 1 through 10 and adding a new section designated section 1, following the enacting clause, to read as follows:

    “Section 1.  Chapter 244 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  If a wild horse or horses stray onto land which is privately owned, an owner of the land may:

    (a) Inform the appropriate federal authority; and

    (b) Request the authority to remove the wild horse or horses from the land,

in the manner and form required by the Wild Free-Roaming Horses and Burros Act, 16 U.S.C. §§ 1331 et seq., and the regulations adopted pursuant thereto.

    2.  If the appropriate federal authority fails to remove the wild horse or horses from the land within a reasonable amount of time after receiving a request pursuant to subsection 1, the landowner may:

    (a) Notify the board of county commissioners in the county in which the land is located of the failure; and

    (b) Request the county to institute an action in federal court on his behalf requesting a writ of mandamus ordering the appropriate federal authority to remove the wild horse or horses from the land.

    3.  Upon receiving a notification and request pursuant to subsection 2, the county may institute an action in a federal court of competent jurisdiction on behalf of the landowner requesting the court to issue a writ of mandamus directing the appropriate federal authority who was notified pursuant to subsection 1 to remove the wild horse or horses from the land. The county shall:

    (a) Determine whether it will institute such an action; and

    (b) Notify the landowner of its determination,

as soon as practicable after receiving the request.

    4.  A motion filed pursuant to subsection 3 must include a request that the court authorize the county, the division of agriculture of the department of business and industry or a representative of the county or the division to remove the wild horse or horses from the land if the appropriate federal authority is unable or unwilling to do so.

    5.  As used in this section “appropriate federal authority” means a federal agency or officer who is charged with the duties of:

    (a) Receiving notices from landowners requesting the removal of wild horses from land which is privately owned; and

    (b) Arranging to have wild horses removed from land which is privately owned,

pursuant to the Wild Free-Roaming Horses and Burros Act, 16 U.S.C. §§ 1331 et seq., or regulations adopted pursuant thereto.”.

    Amend the title of the bill to read as follows:

“AN ACT relating to wild horses; authorizing a county, upon request, to institute an action in federal court on behalf of a landowner requesting a writ of mandamus requiring certain action by federal authorities; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

“SUMMARY—Authorizes county to institute court action on behalf of landowner to require enforcement of federal law requiring removal of wild horses from private property. (BDR 20‑1587)”.

    Assemblyman Carpenter moved the adoption of the amendment.

    Remarks by Assemblyman Carpenter.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 515.

    Bill read second time.

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

    Amendment No. 626.

    Amend the bill as a whole by adding a new section designated sec. 1.5, following section 1, to read as follows:

    “Sec. 1.5.  NRS 687B.225 is hereby amended to read as follows:

    687B.225  1.  Except as otherwise provided in NRS 689A.0405, 689B.0374, 695B.1912, 695C.1735 and 695G.170, and sections 4.5, 7.5, 13.5 and 16.5 of this act, any contract for group, blanket or individual health insurance or any contract by a nonprofit hospital, medical or dental service corporation or organization for dental care which provides for payment of a certain part of medical or dental care may require the insured or member to obtain prior authorization for that care from the insurer or organization. The insurer or organization shall:

    (a) File its procedure for obtaining approval of care pursuant to this section for approval by the commissioner; and

    (b) Respond to any request for approval by the insured or member pursuant to this section within 20 days after it receives the request.

    2.  The procedure for prior authorization may not discriminate among persons licensed to provide the covered care.”.

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

“, 4 and 4.5”.

    Amend the bill as a whole by adding a new section designated sec. 4.5, following sec. 4, to read as follows:

    “Sec. 4.5.  1.  A policy of health insurance must include a provision authorizing a woman covered by the policy to obtain covered health care services for women without first receiving authorization or a referral from her primary care physician.

    2.  The provisions of this section do not authorize a woman covered by a policy of health insurance to designate an obstetrician or gynecologist as her primary care physician.

    3.  A policy subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after October 1, 1999, has the legal effect of including the coverage required by this section, and any provision of the policy or the renewal which is in conflict with this section is void.

    4.  As used in this section:

    (a) “Health care services for women” means gynecological or obstetrical services, including, without limitation, perinatal care, preventative gynecological care and reproductive health care services.

    (b) “Primary care physician” has the meaning ascribed to it in NRS 695G.060.”.

    Amend sec. 5, page 2, line 24, by deleting “and 7” and inserting:

“, 7 and 7.5”.

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

    “Sec. 7.5.  1.  A policy of group health insurance must include a provision authorizing a woman covered by the policy to obtain covered health care services for women without first receiving authorization or a referral from her primary care physician.

    2.  The provisions of this section do not authorize a woman covered by a policy of group health insurance to designate an obstetrician or gynecologist as her primary care physician.

    3.  A policy subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after October 1, 1999, has the legal effect of including the coverage required by this section, and any provision of the policy or the renewal which is in conflict with this section is void.

    4.  As used in this section:

    (a) “Health care services for women” means gynecological or obstetrical services, including, without limitation, perinatal care, preventative gynecological care and reproductive health care services.

    (b) “Primary care physician” has the meaning ascribed to it in NRS 695G.060.”.

    Amend sec. 11, page 3, line 22, by deleting “and 13” and inserting:

“, 13 and 13.5”.

    Amend the bill as a whole by adding a new section designated sec. 13.5, following sec. 13, to read as follows:

    “Sec. 13.5.  1.  A contract for hospital or medical service must include a provision authorizing a woman covered by the contract to obtain covered health care services for women without first receiving authorization or a referral from her primary care physician.

    2.  The provisions of this section do not authorize a woman covered by a contract for hospital or medical service to designate an obstetrician or gynecologist as her primary care physician.

    3.  A contract subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after October 1, 1999, has the legal effect of including the coverage required by this section, and any provision of the contract or the renewal which is in conflict with this section is void.

    4.  As used in this section:

    (a) “Health care services for women” means gynecological or obstetrical services, including, without limitation, perinatal care, preventative gynecological care and reproductive health care services.

    (b) “Primary care physician” has the meaning ascribed to it in NRS 695G.060.”.

    Amend sec. 14, page 4, line 2, by deleting “and 16” and inserting:

“, 16 and 16.5”.

    Amend the bill as a whole by adding a new section designated sec. 16.5, following sec. 16, to read as follows:

    “Sec. 16.5.  1.  A health care plan must include a provision authorizing a woman covered by the plan to obtain covered health care services for women without first receiving authorization or a referral from her primary care physician.

    2.  The provisions of this section do not authorize a woman covered by a health care plan to designate an obstetrician or gynecologist as her primary care physician.

    3.  An evidence of coverage subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after October 1, 1999, has the legal effect of including the coverage required by this section, and any provision of the evidence of coverage or the renewal which is in conflict with this section is void.

    4.  As used in this section:

    (a) “Health care services for women” means gynecological or obstetrical services, including, without limitation, perinatal care, preventative gynecological care and reproductive health care services.

    (b) “Primary care physician” has the meaning ascribed to it in NRS 695G.060.”.

    Amend sec. 17, page 4, line 39, by deleting:

“15 and 16” and inserting:

“15, 16 and 16.5”.

    Amend the title of the bill, fifth line, after “insureds;” by inserting:

“providing that a policy of health insurance must include a provision allowing a woman who is covered by the policy to have direct access to certain health care services for women;”.

    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. 533.

    Bill read second time.

    The following amendment was proposed by the Committee on Health and Human Services:

    Amendment No. 501.

    Amend section 1, page 1, by deleting lines 3 through 5 and inserting:

    “1.  A board of county commissioners may create a hospital district in an area where no hospital district exists for the sole purpose of contracting with a public agency or a privately owned hospital to provide”.

    Amend section 1, page 1, by deleting lines 13 through 15 and inserting:

    “2.  A board of county commissioners shall not create a hospital district pursuant to this section unless it determines that:

    (a) The proposed hospital district constitutes a geographic area of the county that is not served by adequate medical services;

    (b) There is no county hospital or the county hospital is not capable of providing the necessary services; and

    (c) The proposal is approved by a majority of the votes cast on the issue by persons in the proposed hospital district.

    3.  If a hospital district is created pursuant to this section, the board of county commissioners may be designated by ordinance as, ex officio, the board of trustees of the hospital district, notwithstanding the provisions of subsection 3 of NRS 450.620.”.

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

    “Sec. 3.  NRS 450.620 is hereby amended to read as follows:

    450.620  1.  Except as otherwise provided in subsection 2 and NRS 450.625, if a hospital district is created pursuant to NRS 450.550 to 450.750, inclusive, the board of county commissioners shall provide by ordinance for:

    (a) The number of members of the board of trustees;

    (b) The term of office of the trustees, which must not exceed 4 years; and

    (c) The times and manner of the election of the trustees, which must be nonpartisan.

    2.  If a hospital district specified in subsection 1 does not include territory within more than one county, the board of county commissioners may enact an ordinance providing that the board of county commissioners is, ex officio, the board of hospital trustees of the district hospital. If such an ordinance is enacted in a county:

    (a) The county commissioners shall serve as the hospital trustees of the district hospital during their terms of office as county commissioners; and

    (b) If hospital trustees have been elected pursuant to subsection 1, the term of office of each hospital trustee of the district hospital who is serving in that capacity on the effective date of the ordinance is terminated as of the effective date of the ordinance.

    3.  [A]Except as otherwise provided in section 1 of this act, a board of county commissioners shall not enact an ordinance pursuant to subsection 2 unless it determines that:

    (a) The county has fully funded its indigent care account created pursuant to NRS 428.010;

    (b) The county has fulfilled its duty to reimburse the hospital for indigent care provided to qualified indigent patients; and

    (c) During the previous calendar year:

        (1) At least one of the hospital’s accounts payable was more than 90 days in arrears;

        (2) The hospital failed to fulfill its statutory financial obligations, including the payment of taxes, premiums for industrial insurance or contributions to the public employees’ retirement system;

        (3) One or more of the conditions relating to financial emergencies set forth in subsection 1 of NRS 354.685 existed at the hospital; or

        (4) The hospital received notice from the Federal Government or the State of Nevada that the certification or license of the hospital was in imminent jeopardy of being revoked because the hospital had not carried out a previously established plan of action to correct previously noted deficiencies found by the regulatory body.”.

    Amend the title of the bill to read as follows:

“AN ACT relating to hospital districts; authorizing a board of county commissioners to create a hospital district for the sole purpose of contracting for hospital services under certain circumstances; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

“SUMMARY—Authorizes board of county commissioners to create hospital district for sole purpose of entering contract for services with independent hospital under certain circumstances. (BDR 40‑1549)”.

    Assemblywoman Freeman moved the adoption of the amendment.

    Remarks by Assemblywoman Freeman.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 542.

    Bill read second time.

    The following amendment was proposed by the Committee on Judiciary:

    Amendment No. 476.

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

“subsection 3 or 4 of”.

    Amend sec. 2, page 1, line 6, by deleting “1 year” and inserting “30 days”.

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

    “5.  The suspension of the registration of a motor vehicle pursuant to this section does not prevent the owner of the motor vehicle from selling or otherwise transferring an interest in the motor vehicle.”.

    Amend sec. 4, page 3, line 42, by deleting “$65.” and inserting “$33.”.

    Amend sec. 5, page 5, lines 6 and 7, by deleting:

“or section 7 of this act”.

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

“[which he owns or operates] pursuant to NRS 484.3943:”.

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

“the order was issued; and”.

    Amend sec. 6, page 6, line 16, after “third” by inserting “or subsequent”.

    Amend sec. 6, page 6, by deleting line 26 and inserting:

“to NRS 484.3943, the department shall not issue”.

    Amend sec. 7, pages 7 and 8, by deleting lines 21 through 43 on page 7 and lines 1 through 11 on page 8, and inserting:

    “1.  If a person is convicted of a second or subsequent violation of NRS 484.379 or 484.3795 within 7 years, the court shall issue an order directing the department to suspend the registration of each motor vehicle that is registered to or owned by the person for 30 days.”.

    Amend sec. 7, page 8, line 12, by deleting “5.” and inserting “2.”.

    Amend sec. 7, page 8, line 13, by deleting:

“3 or 4,” and inserting “1,”.

    Amend sec. 7, page 8, line 19, by deleting “6.” and inserting “3.”.

    Amend sec. 7, page 8, by deleting lines 20 through 25 and inserting:

“subsection 1 on an individual basis to avoid undue hardship to a person other than the person to whom that provision applies. In determining whether to provide for such an exception, the court shall consider:

    (a) Whether a member of the immediate family of the person whose registration is suspended needs to use the motor vehicle:

        (1) To travel to or from work or in the course and scope of his employment;

        (2) To obtain medicine, food or other necessities or to obtain health care services for himself or another member of his immediate family; or

        (3) To transport himself or another member of his immediate family to or from school; and

    (b) The availability of alternative means of transportation for a member of the immediate family of the person whose registration is suspended.”.

    Amend sec. 8, page 8, line 41, by deleting “$200” and inserting “$400”.

    Amend sec. 8, page 9, line 7, by deleting “$500” and inserting “$750”.

    Amend sec. 9, pages 10 and 11, by deleting lines 38 through 43 on page 10 and lines 1 through 6 on page 11, and inserting:

    “484.3943  1.  Except as otherwise provided in subsection 5, a court:

    (a) May order a person convicted of a first violation of NRS 484.379, for a period of not less than 3 months nor more than 6 months; and

    (b) [Shall order a person convicted of a second violation of NRS 484.379, for a period of not less than 6 months nor more than 12 months; and

    (c)] Shall order a person convicted of a third or subsequent violation of NRS 484.379 or a violation of NRS 484.3795, for a period of not less than 12 months nor more than 36 months,

to install at his own expense a device in any motor vehicle which he owns or operates as a condition to obtaining a restricted license pursuant to subsection 3 of NRS 483.490.”.

    Amend sec. 9, page 11, line 7, by deleting “2.]” and inserting “2.”.

    Amend sec. 9, page 11, line 11, by deleting “[3.] 2.” and inserting “3.”.

    Amend sec. 9, page 11, by deleting line 12 and inserting:

“subsection 1 or 2:”.

    Amend sec. 9, page 11, line 23, by deleting “[4.] 3.” and inserting “4.”.

    Amend sec. 9, page 11, by deleting lines 24 through 26 and inserting:

“section shall:

    (a) If he was ordered to install a device pursuant to paragraph (a) of subsection 1, have the device inspected by the”.

    Amend sec. 9, page 11, by deleting lines 29 and 30 and inserting:

    “(b) If he was ordered to install a device pursuant to paragraph (b) [or (c)] of subsection 1, have the”.

    Amend sec. 9, page 11, line 40, by deleting “[5.] 4.” and inserting “5.”.

    Amend the bill as a whole by deleting sec. 10 and renumbering sections 11 through 15 as sections 10 through 14.

    Amend sec. 14, page 17, line 2, by deleting “$65.” and inserting “$33.”.

    Amend the bill as a whole by adding a new section designated sec. 15, following sec. 15, to read as follows:

    “Sec. 15.  1.  This section and sections 1 to 7, inclusive, and 9 to 14, inclusive, of this act become effective on October 1, 1999.

    2.  Section 8 of this act becomes effective at 12:01 a.m. on October 1, 1999.”.

    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. 566.

    Bill read second time.

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

    Amendment No. 547.

    Amend section 1, page 1, by deleting lines 3 through 15 and inserting:

    ““Traditional neighborhood development” means a type of development that is designed to include a variety of types and values of housing, commercial uses, services, schools, public facilities, open space, places for the public to gather and places that provide occupational opportunities, and to encourage pedestrian traffic, reduce vehicular traffic and provide access to public transit. The development must include, without limitation:

    1.  Areas that contain single-family residences that have reduced setbacks and a garage or carport which is located at the rear of the residence;

    2.  Areas that integrate residential, commercial and service uses within one or a series of structures and which have reduced setbacks;

    3.  A transportation system that integrates pedestrians, bicycles, motor vehicles and public transit; and

    4.  Civic buildings, open space and other visual features that serve as focal points.”.

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

    “Sec. 3.  NRS 278.150 is hereby amended to read as follows:

    278.150  1.  The planning commission shall prepare and adopt a comprehensive, long-term general plan for the physical development of the city, county or region which in the commission’s judgment bears relation to the planning thereof.

    2.  The plan must be known as the master plan, and must be so prepared that all or portions thereof, except as otherwise provided in subsection 3, may be adopted by the governing body, as provided in NRS 278.010 to 278.630, inclusive, as a basis for the development of the city, county or region for such reasonable period of time next ensuing after the adoption thereof as may practically be covered thereby.

    3.  In counties whose population is 100,000 or more, if the governing body of the city or county adopts only a portion of the master plan, it shall include in that portion a conservation plan, a housing plan , a land use plan and a population plan as provided in NRS 278.160.”.

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

“[may]:

        (1) Must include a provision that allows for a mixture of at least residential and commercial land uses such as is characterized in a traditional neighborhood development.

        (2) May”.

    Amend sec. 3, page 4, by deleting lines 1 through 3.

    Amend sec. 3, page 4, line 4, by deleting “(p)” and inserting “(o)”.

    Amend sec. 3, page 4, line 7, by deleting “[(p)](q)” and inserting “(p)”.

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

    “Sec. 5.  NRS 278.170 is hereby amended to read as follows:

    278.170  1.  The commission may prepare and adopt all or any part of the master plan or any subject thereof, except as otherwise provided in subsection 2, for all or any part of the city, county or region. Master regional plans must be coordinated with similar plans of adjoining regions, and master county and city plans within each region must be coordinated so as to fit properly into the master plan for the region.

    2.  In counties whose population is 100,000 or more, if the commission prepares and adopts less than all subjects of the master plan, as outlined in NRS 278.160, it shall include, in its preparation and adoption, the conservation, housing , land use and population plans described in that section.”.

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

    Amend sec. 4, page 5, line 5, after “3.” by inserting:

“The zoning regulations must include a provision that allows for a mixture of at least residential and commercial land uses such as is characterized in a traditional neighborhood development.

    4.”.

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

    “Sec. 7.  This act becomes effective on January 1, 2001.”.

    Amend the title of the bill to read as follows:

    “AN ACT relating to land use planning; requiring certain governing bodies adopting any part of the master plan to adopt a land use plan; requiring the inclusion of a provision in the master plan and zoning regulations that allows the mixture of certain land uses; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

“SUMMARY—Makes various changes concerning land use planning. (BDR 22‑1336)”.

    Assemblyman Bache moved the adoption of the amendment.

    Remarks by Assemblyman Bache.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 573.

    Bill read second time.

    The following amendment was proposed by the Committee on Health and Human Services:

    Amendment No. 658.

    Amend the bill as a whole by deleting sections 1 through 4 and adding new sections designated sections 1 through 6, following the enacting clause, to read as follows:

    “Section 1.  NRS 449.179 is hereby amended to read as follows:

    449.179  1.  Except as otherwise provided in subsection [4,] 2, within 10 days after hiring an employee[,] or entering into a contract with an independent contractor, the administrator of, or the person licensed to operate, an agency to provide nursing in the home, a facility for intermediate care, a facility for skilled nursing or a residential facility for groups shall:

    (a) Obtain a written statement from the employee or independent contractor stating whether he has been convicted of any crime listed in NRS 449.188;

    (b) Obtain [a verbal] an oral and written confirmation of the information contained in the written statement obtained pursuant to paragraph (a);

    (c) Obtain from the employee or independent contractor two sets of fingerprints and a written authorization to forward the fingerprints to the central repository for Nevada records of criminal history for submission to the Federal Bureau of Investigation for its report; and

    (d) Submit to the central repository for Nevada records of criminal history the fingerprints obtained pursuant to paragraph (c).

    2.  The administrator of, or the person licensed to operate, an agency to provide nursing in the home, a facility for intermediate care, a facility for skilled nursing or a residential facility for groups is not required to obtain the information described in subsection 1 from an employee or independent contractor who provides proof that an investigation of his criminal history has been conducted by the central repository for Nevada records of criminal history within the immediately preceding 6 months and the investigation did not indicate that the employee or independent contractor had been convicted of any crime set forth in NRS 449.188.

    3.  The administrator of, or the person licensed to operate, an agency to provide nursing in the home, a facility for intermediate care, a facility for skilled nursing or a residential facility for groups shall ensure that the criminal history of each employee or independent contractor who works at the agency or facility is investigated at least once every 5 years. The administrator or person shall:

    (a) If the agency or facility does not have the fingerprints of the employee or independent contractor on file, obtain two sets of fingerprints from the employee or independent contractor;

    (b) Obtain written authorization from the employee or independent contractor to forward the fingerprints on file or obtained pursuant to paragraph (a) to the central repository for Nevada records of criminal history for submission to the Federal Bureau of Investigation for its report; and

    (c) Submit the fingerprints to the central repository for Nevada records of criminal history.

    4.  Upon receiving fingerprints submitted pursuant to this section, the central repository for Nevada records of criminal history shall determine whether the employee or independent contractor has been convicted of a crime listed in NRS 449.188 and immediately inform the health division[,] and the administrator of, [and] or the person licensed to operate, the agency or facility at which the person [is employed of whether or not] works whether the employee or independent contractor has been convicted of such a crime.

    [3.] 5.  The central repository for Nevada records of criminal history may impose a fee upon an agency or a facility that submits fingerprints pursuant to this section for the reasonable cost of the investigation. The agency or facility may recover from the employee or independent contractor not more than one-half of the fee imposed by the central repository. If the agency or facility requires the employee or independent contractor to pay for any part of the fee imposed by the central repository, it shall allow the employee or independent contractor to pay the amount through periodic payments.

    [4.  The provisions of this section do not apply to an employee who has undergone an investigation of his criminal background as a condition to receiving a professional license in this state.]

    Sec. 2.  NRS 449.182 is hereby amended to read as follows:

    449.182  Each agency to provide nursing in the home,facility for intermediate care, facility for skilled nursing and residential facility for groups shall maintain accurate records of the information concerning its employees and independent contractors collected pursuant to NRS 449.179, and shall maintain a copy of the fingerprints submitted to the central repository for Nevada records of criminal history and proof that it submitted two sets of fingerprints to the central repository for its report. These records must be made available for inspection by the health division at any reasonable time and copies thereof must be furnished to the health division upon request.

    Sec. 3.  NRS 449.185 is hereby amended to read as follows:

    449.185  1.  Upon receiving information from the central repository for Nevada records of criminal history pursuant to NRS 449.179, or evidence from any other source, that [a person who is employed at] an employee or independent contractor of an agency to provide nursing in the home, a facility for intermediate care, a facility for skilled nursing or a residential facility for groups has been convicted of a crime listed in paragraph (a) of subsection 1 of NRS 449.188, the administrator of, or the person licensed to operate, the agency or facility shall , except as otherwise provided in subsection 4, terminate the employment or contract of that person after allowing him time to correct the information as required pursuant to subsection 2.

    2.  If an employee or independent contractor believes that the information provided by the central repository is incorrect, he may immediately inform the agency or facility. An agency or facility that is so informed shall give [an] the employee or independent contractor a reasonable amount of time of not less than 30 days to correct the information received from the central repository before terminating the employment or contract of the person pursuant to subsection 1.

    3.  An agency or facility that has complied with NRS 449.179 may not be held civilly or criminally liable based solely upon the ground that the agency or facility allowed an employee or independent contractor to work:

    (a) Before it received the information concerning the employee or independent contractor from the central repository;

    (b) During any period required pursuant to subsection 2 to allow the employee or independent contractor to correct [such] that information;

    (c) Based on the information received from the central repository, if the information received from the central repository was inaccurate; or

    (d) Any combination thereof.

An agency or facility may be held liable for any other conduct determined to be negligent or unlawful.

    4.  The administrator of, or the person licensed to operate, the agency or facility is not required to terminate the employment or contract of a convicted person pursuant to subsection 1 if:

    (a) The convicted person holds a license or certificate issued by the state board of nursing; and

    (b) The state board of nursing was knowledgeable of the convicting at the time the license or certificate was issued or renewed.

    Sec. 4.  NRS 449.188 is hereby amended to read as follows:

    449.188  1.  In addition to the grounds listed in NRS 449.160, the health division may deny a license to operate a facility for intermediate care, facility for skilled nursing or residential facility for groups to an applicant or may suspend or revoke the license of a licensee to operate such a facility if:

    (a) The applicant or licensee has been convicted of:

        (1) Murder, voluntary manslaughter or mayhem;

        (2) Assault with intent to kill or to commit sexual assault or mayhem;

        (3) Sexual assault, statutory sexual seduction, incest, lewdness, indecent exposure or any other sexually related crime;

        (4) Abuse or neglect of a child or contributory delinquency;

        (5) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS, within the past 7 years;

        (6) A violation of any provision of NRS 200.5099 or 200.50955;

        (7) Any offense involving fraud, theft, embezzlement, burglary, robbery, fraudulent conversion or misappropriation of property, within the immediately preceding 7 years; or

        [(7)] (8) Any other felony involving the use of a firearm or other deadly weapon, within the immediately preceding 7 years; or

    (b) The licensee has , except as otherwise provided in subsection 4 of NRS 449.185, continued to employ a person who has been convicted of a crime listed in paragraph (a).

    2.  In addition to the grounds listed in NRS 449.160, the health division may deny a license to operate an agency to provide nursing in the home to an applicant or may suspend or revoke the license of a licensee to operate such an agency if , except as otherwise provided in subsection 4 of NRS 449.185, the licensee has continued to employ a person who has been convicted of a crime listed in paragraph (a) of subsection 1.

    Sec. 5.  Each employee or independent contractor of an agency to provide nursing in the home, a facility for intermediate care, a facility for skilled nursing or a residential facility for groups who:

    1.  Is working at such an agency or facility on July 1, 1999, shall, not later than July 15, 1999, submit to the administrator of, or the person licensed to operate, that agency or facility a statement, signed under penalty of perjury, that indicates whether the person has been convicted of a violation of any provision of NRS 200.5099 or 200.50955. The statement must include the date and place of each such conviction.

    2.  Begins work at such an agency or facility after July 1, 1999, but before January 1, 2000, and has had an investigation of his criminal history conducted by the central repository for Nevada records of criminal history within the immediately preceding 6 months, shall, not later than 10 days after he begins work at the agency or facility, submit the statement required by subsection 1 to the administrator of, or the person licensed to operate, that agency or facility.

    Sec. 6.  This act becomes effective on July 1, 1999.”.

    Amend the title of the bill to read as follows:

“AN ACT relating to health care facilities; requiring the periodic investigation of the criminal histories of employees and independent contractors of certain health care facilities; authorizing the retention of certain employees with criminal histories under certain circumstances; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

“SUMMARY—Revises provisions governing criminal histories of  employees and independent contractors of certain health care facilities. (BDR 40‑1539)”.

    Assemblywoman Freeman moved the adoption of the amendment.

    Remarks by Assemblymen Freeman and Collins.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 590.

    Bill read second time.

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

    Amendment No. 554.

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

    “Section 1.  The charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, at 1210, is hereby amended by adding thereto a new section to be designated as section 1.045, immediately following section 1.040, to read as follows:

    Sec. 1.045  Wards: Creation; Boundaries.

    1.  The city must be divided into four wards which must be as nearly equal in population as practicable, and each of which must be composed entirely of contiguous territory.

    2.  The boundaries of the wards must be established and changed by ordinance. Except as otherwise provided in subsection 3, the boundaries of the wards must be changed whenever the population, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, in any ward exceeds the population in any other ward by more than 5 percent.

    3.  The boundaries of the wards must not be changed, except to accommodate an annexation of territory to the city, during the period beginning 30 days immediately preceding the last day for filing a declaration of candidacy for a municipal election and ending on the date of the election.”.

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

    “2.  The mayor [and councilmen] must be:

    (a) [Bona fide residents]A bona fide resident of the city for at least 6 months immediately preceding [their election.

    (b) Qualified electors] his election.

    (b) A qualified elector within the city.

    3.  Each councilman:

    (a) Must be a qualified elector who has resided in the ward which he represents for at least 30 days immediately preceding the last day for filing a declaration of candidacy for his office.

    (b) Must continue to live in the ward he represents, except that changes in ward boundaries made pursuant to section 1.045 of this charter will not affect the right of any elected councilman to continue in office for the term for which he was elected.

    4.  At the time of filing, if so required by an ordinance duly”.

    Amend section 1, pages 1 and 2, by deleting lines 16 through 19 on page 1 and lines 1 through 4 on page 2, and inserting:

“provided in subsection 2 [.

    4.]or 3, whichever is applicable.

    5.  All councilmen, including the mayor, must be voted upon by the registered voters of the city at large, and their terms of office are 4 years.”.

    Amend sec. 2, page 2, line 5, by deleting “6.” and inserting “[5.] 6.”.

    Amend sec. 2, page 2, by deleting lines 15 and 16, and inserting:

“documents. The seats for city councilmen must be designated by the numbers one through four which number must correspond with the wards the candidates for city councilmen will seek to represent.”.

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

“candidacy the number of the ward which he seeks to represent. Each candidate for city council must be designated as a candidate for the city council seat that corresponds with the ward that he seeks to represent.”.

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

    “Sec. 4.  The city council shall, on or before January 1, 2000, establish the boundaries of the wards pursuant to the amendatory provisions of section 1 of this act. The amendatory provisions of sections 2 and 3 of this act apply initially to the candidates for city council seats in the municipal election held in 2001.”.

    Assemblyman Bache moved the adoption of the amendment.

    Remarks by Assemblyman Bache.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 616.

    Bill read second time.

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

    Amendment No. 496.

    Amend section 1, page 2, between lines 20 and 21, by inserting:

    “5.  As used in this section, “retail value” means:

    (a) If the item that is identified by a label, trade-mark, term, design, device or form of advertisement in violation of subsection 1 is a component of a finished product with multiple components, the price at which the person in violation of subsection 1 regularly sells the finished product; or

    (b) For any other item that is identified by a label, trade-mark, term, design, device or form of advertisement in violation of subsection 1, the price at which the person in violation of subsection 1 regularly sells the item.”.

    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. 627.

    Bill read second time.

    The following amendment was proposed by the Committee on Transportation:

    Amendment No. 506.

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

    “Section 1.  NRS 405.110 is hereby amended to read as follows:

    405.110  1.  Except on benches and shelters for passengers of public mass transportation for which a franchise has been granted pursuant to NRS 244.187 and 244.188, or 268.081 and 268.083, noadvertising signs, signboards, boards or other materials containing advertising matter may:

    (a) [Be]Except as otherwise provided in subsection 3, be placed upon or over any state highway.

    (b) [Be]Except as otherwise provided in subsection 3, be placed within the highway right of way.

    (c) [Be]Except as otherwise provided in subsection 3, be placed upon any bridge or other structure thereon.

    (d) Be so situated with respect to any public highway as to obstruct clear vision of an intersecting highway or highways or otherwise so situated as to constitute a hazard upon or prevent the safe use of the state highway.

    2.  With the permission of the department of transportation, counties, towns or cities of this state may place at such points as are designated by the director of the department of transportation suitable signboards advertising the counties, towns or municipalities.

    3.  A person may place an advertising sign, signboard, board or other material containing advertising matter in any airspace above a highway if:

    (a) The department of transportation has leased the airspace to the person pursuant to subsection 2 of NRS 408.507, the airspace is over an interstate highway and:

        (1) The purpose of the sign, signboard, board or other material is to identify a commercial establishment that is entirely located within the airspace, services rendered or goods produced or sold upon the commercial establishment or that the facility or property that is located within the airspace is for sale or lease; and

        (2) The size, location and design of the sign, signboard, board or other material and the quantity of signs, signboards, boards or other materials have been approved by the department of transportation; or

    (b) The person owns real property adjacent to an interstate highway and:

        (1) The person has dedicated to a public authority a fee or perpetual easement interest in at least one acre of the property for the construction or maintenance, or both, of the highway over which he is placing the sign, signboard, board or other material and the person retained the air rights in the airspace above the property for which the person has dedicated the interest;

        (2) The sign, signboard, board or other material is located in the airspace for which the person retained the air rights;

        (3) The structure that supports the sign, signboard, board or other material is not located on the property for which the person dedicated the fee or easement interest to the public authority, and the public authority determines that the location of the structure does not create a traffic hazard; and

        (4) The purpose of the sign, signboard, board or other material is to identify an establishment or activity that is located on the real property adjacent to the interstate highway, or services rendered or goods provided or sold on that property.

    4.  If any such sign is placed in violation of this section it is thereby declared a public nuisance and may be removed forthwith by the department of transportation or its employees.

    [4.] 5.  Any person placing any such sign in violation of the provisions of this section shall be punished by a fine of not more than $250, and is also liable in damages for any injury or injuries incurred or for injury to or loss of property sustained by any person by reason of the violation.”.

    Amend section 1, page 2, line 2, by deleting “sign;” and inserting:

“sign in a county whose population is 100,000 or more;”.

    Amend sec. 2, page 2, line 13, by deleting “sign;” and inserting:

“sign in a county whose population is 100,000 or more;”.

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

    “Sec. 4.  NRS 484.287 is hereby amended to read as follows:

    484.287  1.  It is unlawful for any person to place, maintain or display upon or in view of any highway any unauthorized sign, signal, marking or device which purports to be or is an imitation of or resembles an official traffic-control device or railroad sign or signal, or which attempts to direct the movement of traffic, or which hides from view or interferes with the effectiveness of any such device, sign or signal, and except as otherwise provided in subsection 4, a person shall not place or maintain nor may any public authority permit upon any highway any sign, signal or marking bearing thereon any commercial advertising except on benches and shelters for passengers of public mass transportation for which a franchise has been granted pursuant to NRS 244.187 and 244.188, or 268.081 and 268.083.

    2.  Every such prohibited sign, signal or marking is hereby declared to be a public nuisance, and the proper public authority may remove the same or cause it to be removed without notice.

    3.  This section does not prohibit the erection upon private property adjacent to highways of signs giving useful directional information and of a type that cannot be mistaken for official traffic-control devices.

    4.  A person may place and maintain commercial advertising in an airspace above a highway under the conditions specified pursuant to subsection 3 of NRS 405.110, and a public authority may permit commercial advertising that has been placed in an airspace above a highway under the conditions specified pursuant to subsection 3 of NRS 405.110.”.

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

“AN ACT relating to transportation; authorizing certain advertising in airspace over highways; requiring the department of transportation to establish”.

    Amend the summary of the bill to read as follows:

“SUMMARY—Makes various changes concerning advertising signs and certain directional and informational signs. (BDR 35‑1611)”.

    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. 628.

    Bill read second time.

    The following amendment was proposed by the Committee on Transportation:

    Amendment No. 672.

    Amend section 1, page 1, line 9, by deleting “or”.

    Amend section 1, page 1, by deleting line 13 inserting:

“schedules; or

    (c) Transportation of elderly or physically or mentally handicapped persons without regard to regular routes or fixed schedules.”.

    Amend section 1, page 2, by deleting lines 6 through 8 and inserting:

    “4.  [An incorporated city, county or] A regional transportation commission , a county whose population is less than 100,000 or an incorporated city within such a countyis not required to obtain a certificate of public convenience and necessity to operate a system of public transportation[.] by itself or through an independent contractor.”.

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

    “Sec. 2.  NRS 277.180 is hereby amended to read as follows:

    277.180  1.  Any one or more public agencies may contract with any one or more other public agencies to perform any governmental service, activity or undertaking which any of the public agencies entering into the contract is authorized by law to perform. Such a contract [shall] must be ratified by appropriate official action of the governing body of each party to the contract as a condition precedent to its entry into force. Such a contract [shall] must set forth fully the purposes, powers, rights, objectives and responsibilities of the contracting parties.

    2.  The authorized purposes of agreements made pursuant to subsection 1 include ,  but are not limited to:

    (a) The joint use of hospitals, road construction and repair equipment, and such other facilities or services as may and can be reasonably used for the promotion and protection of the health and welfare of the inhabitants of this state.

    (b) The joint use of county and city personnel, equipment and facilities, including sewer systems, drainage systems, street lighting systems, fire alarm systems, sewage disposal plants, playgrounds, parks and recreational facilities, and public buildings constructed by or under the supervision of the board of county commissioners or the city council of the county and city concerned, upon such terms and agreements, and within such areas within the county as may be determined, for the promotion and protection of health, comfort, safety, life, welfare and property of the inhabitants of the counties and cities.

    (c) The joint employment of clerks, stenographers and other employees in the offices of the city and county auditor, city and county assessor, city and county treasurer, or any other joint city and county office existing or hereafter established in the several counties, upon such terms and conditions as may be determined for the equitable apportionment of the expenses of the joint city and county office.

    (d) The joint and cooperative use of fire-fighting and fire-protection equipment for the protection of property and the prevention and suppression of fire.

    (e) The joint use of county and city personnel, equipment and facilities, upon such terms and conditions, and within such areas within the county as may be determined, for the promotion and protection of the health of the inhabitants of the county and city through the regulation, control and prohibition of the excessive emission of dense smoke and air pollution.

    (f) The joint and cooperative use of law enforcement agencies.

    (g) The joint use or operation of a system of public transportation.

    3.  Each public agency which has entered into an agreement pursuant to this section shall annually at the time of preparing its budget include an estimate of the expenses necessary to carry out such agreement, the funds for which are not made available through grant, gift or other source, and provide for such expense as other items are provided in its budget. Each such public agency may furnish property, personnel or services as necessary to carry out the agreement.”.

    Amend sec. 2, page 2, line 10, after “commission” by inserting:

“, a county whose population is less than 100,000 or an incorporated city within such a county”.

    Amend sec. 2, page 2, line 12, by deleting “or”.

    Amend sec. 2, page 2, by deleting line 16 and inserting:

“schedules; or

    (c) Other routes to serve the public.”.

    Amend sec. 3, page 3, line 38, by deleting “and” and inserting “[and]”.

    Amend sec. 3, page 3, line 40, by deleting “passengers.” and inserting:

“passengers [.] ; and

    5.  Transportation that is available without regard to regular routes or fixed schedules, if the public transit system is operated by a regional transportation commission, a county whose population is less than 100,000 or an incorporated city within such a county.”.

    Amend the title of the bill to read as follows:

“AN ACT relating to public transit; exempting a common motor carrier that operates a public transit system which provides certain transportation services from the requirement of obtaining a certificate of public convenience and necessity under certain circumstances; providing that a regional transportation commission, certain less populous counties and incorporated cities within such counties are not required to obtain such a certificate to operate a system of public transportation under certain circumstances; expanding the authorized purposes of interlocal contracts to include the joint use or operation of a system of public transportation; authorizing a regional transportation commission, certain less populous counties and incorporated cities within such counties to establish or operate a public transit system that provides certain services to serve certain specified persons and the public; and providing other matters properly relating thereto.”.

    Assemblywoman Chowning moved that Assembly Bill No. 628 be taken from the General File and placed on the Chief Clerk's desk.

    Remarks by Assemblywoman Chowning.

    Motion carried.

    Assembly Bill No. 632.

    Bill read second time.

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

    Amendment No. 624.

    Amend sec. 7, pages 4 and 5, by deleting lines 41 and 42 on page 4 and lines 1 through 3 on page 5, and inserting:

    “(b) An oral interview of the applicant by the board upon the successful completion of the written portion of the examination.]

    7.  An applicant for registration as an architect or residential designer must personally appear before the board for the granting of a certificate of registration.

    8.  Any application to the board may be denied for any violation of”.

    Amend sec. 8, page 5, by deleting lines 38 and 39 and inserting:

“registered interior designer must personally appear before the board for the granting of the certificate.”.

    Amend sec. 17, page 11, by deleting lines 21 and 22 and inserting:

“registered interior designer must personally appear before the board for the granting of the certificate.”.

    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. 635.

    Bill read second time.

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

    Amendment No. 608.

    Amend sec. 19, page 4, line 14, by deleting:

“qualified, experienced, registered or” and inserting:

“qualified and experienced”.

    Amend sec. 21, page 5, by deleting lines 5 through 7 and inserting:

“examination of the applicant. The cost of those services”.

    Amend sec. 25, page 6, by deleting line 7 and inserting:

“automatically renewable each year, unless the issuer gives written notice to the commissioner and the captive insurer at least 90 days before the expiration date.”.

    Amend sec. 27, page 6, by deleting line 43 and inserting:

“automatically renewable each year, unless the issuer gives written notice to the commissioner and the captive insurer at least 90 days before the expiration date.”.

    Amend the bill as a whole by adding a new section designated sec. 34.5, following sec. 34, to read as follows:

    “Sec. 34.5.  Insurance provided by a captive insurer in accordance with this chapter may not be used to satisfy the requirements set forth in chapter 706 of NRS relating to the insurance required to be maintained by vehicles subject to the jurisdiction of the transportation services authority or taxicab authority, unless the transportation services authority or taxicab authority, as appropriate, specifically approves the use of insurance provided by a captive insurer for that purpose.”.

    Amend sec. 39, page 12, line 41, before “The” by inserting “1.”.

    Amend sec. 39, page 12, after line 43, by inserting:

    “2.  An agency captive insurer, a rental captive insurer and an association captive insurer are subject to those provisions of chapter 686A of NRS which are applicable to insurers.”.

    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. 651.

    Bill read second time.

    The following amendment was proposed by the Committee on Judiciary:

    Amendment No. 566.

    Amend section 1, page 1, line 3, before “If” by inserting “1.”.

    Amend section 1, page 1, line 4, after “licensee,” by inserting:

“other than during a trial period,”.

    Amend section 1, page 1, line 6, by deleting:

“on similar terms and conditions”.

    Amend section 1, page 1, line 7, by deleting the italicized period and inserting:

“and reasonable production and delivery schedules.”.

    Amend section 1, page 1, between lines 12 and 13, by inserting:

    “2.  The provisions of subsection 1 do not prevent the imposition by an operator of an inter-casino linked system of different terms and conditions, including prices, based on:

    (a) The quantity or volume of gaming devices connected to an inter-casino linked system that are sold or leased to a licensee or to affiliated licensees by the operator; or

    (b) Credit considerations.”.

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

    “Sec. 3.  NRS 463.120 is hereby amended to read as follows:

    463.120  1.  The board and the commission shall cause to be made and kept a record of all proceedings at regular and special meetings of the board and the commission. These records are open to public inspection.

    2.  The board shall maintain a file of all applications for licenses under this chapter and chapter 466 of NRS, together with a record of all action taken with respect to those applications. The file and record are open to public inspection.

    3.  The board and the commission may maintain such other files and records as they may deem desirable.

    4.  Except as otherwise provided in this subsection and subsection 5, all information and data:

    (a) Required by the board or commission to be furnished to it under this chapter or which may be otherwise obtained relative to the finances, earnings or revenue of any applicant or licensee;

    (b) Pertaining to an applicant’s criminal record, antecedents and background which have been furnished to or obtained by the board or commission from any source;

    (c) Provided to the members, agents or employees of the board or commission by a governmental agency or an informer or on the assurance that the information will be held in confidence and treated as confidential;

    (d) Obtained by the board from a manufacturer, distributor or operator , or from an operator of an inter-casino linked system, relating to the manufacturing of gaming devices[;] or the operation of an inter-casino linked system; or

    (e) Prepared or obtained by an agent or employee of the board or commission relating to an application for a license, a finding of suitability or any approval that is required pursuant to the provisions of this chapter,

are confidential and may be revealed in whole or in part only in the course of the necessary administration of this chapter or upon the lawful order of a court of competent jurisdiction. The board and commission may reveal such information and data to an authorized agent of any agency of the United States Government, any state or any political subdivision of a state or the government of any foreign country. Notwithstanding any other provision of state law, such information may not be otherwise revealed without specific authorization by the board or commission.

    5.  Before the beginning of each legislative session, the board shall submit to the legislative commission for its review and for the use of the legislature a report on the gross revenue, net revenue and average depreciation of all licensees, categorized by class of licensee and geographical area and the assessed valuation of the property of all licensees, by category, as listed on the assessment rolls.

    6.  Notice of the content of any information or data furnished or released pursuant to subsection 4 may be given to any applicant or licensee in a manner prescribed by regulations adopted by the commission.

    7.  The files, records and reports of the board are open at all times to inspection by the commission and its authorized agents.

    8.  All files, records, reports and other information pertaining to gaming matters in the possession of the Nevada tax commission must be made available to the board and the Nevada gaming commission as is necessary to the administration of this chapter.

    9.  The Nevada gaming commission, by the affirmative vote of a majority of its members, may remove from its records the name of a debtor and the amount of tax, penalty and interest, or any of them, owed by him, if after 5 years it remains impossible or impracticable to collect such amounts. The commission shall establish a master file containing the information removed from its official records by this section.”.

    Amend sec. 4, page 3, line 13, by deleting “licensees” and inserting:

“the board, the commission and licensees on a confidential basis”.

    Amend sec. 4, page 3, line 15, by deleting

“Approval of a change in the” and inserting:

“Establishment of a minimum”.

    Amend sec. 4, page 3, lines 19 and 20, by deleting:

“financial practices and”.

    Amend sec. 4, page 3, by deleting lines 22 through 33.

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

    “Sec. 5.  (Deleted by amendment.)”.

    Amend sec. 7, page 6, by deleting lines 30 through 32 and inserting:

“premises of two or more gaming licensees and receiving, either directly or indirectly, any compensation or any percentage or share of the money or property played from the linked games[.] in accordance with the provisions of this chapter and the regulations adopted by the commission.”.

    Amend sec. 9, page 8, line 7, after the italicized period by inserting:

“The proportionate share of an operator of an inter-casino linked system must be based on all compensation and other consideration received by the operator of the inter-casino linked system, including, without limitation, amounts that accrue to the meter of the primary progressive jackpot of the inter-casino linked system and amounts that fund the reserves of such a jackpot, subject to all appropriate adjustments for deductions, credits, offsets and exclusions that the licensee is entitled to take or receive pursuant to the provisions of this chapter.”.

    Amend sec. 9, page 8, line 11, after “licensee” by inserting:

“by that person”.

    Amend sec. 10, page 10, line 3, after “licensee” by inserting:

“by that person”.

    Amend sec. 11, page 10, line 30, after “licensee” by inserting:

“by that person”.

    Amend sec. 12, page 12, by deleting lines 17 through 19 and inserting:

“the provisions of this act until the earlier or July 1, 2000, or the date on which the inter-casino linked system is separately approved by the”.

    Amend sec. 12, page 12, lines 21 and 22, by deleting:

“December 31, 1999,” and inserting:

“July 1, 2000,”.

    Assemblyman Anderson moved the adoption of the amendment.

    Remarks by Assemblyman Anderson.

    Mr. Speaker requested the privilege of the Chair for the purpose of making remarks.

    Potential conflict of interest declared by Assemblyman Dini.

    Amendment adopted.

    Assemblyman Anderson moved that upon return from the printer Assembly Bill No. 651 be placed on the Chief Clerk’s desk.

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

    Assembly Bill No. 348.

    Bill read second time.

    The following amendment was proposed by the Committee on Education:

    Amendment No. 665.

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

    “Section 1.  NRS 386.595 is hereby amended to read as follows:

    386.595  1.  Except as otherwise provided in this subsection and [subsection 2,] subsections 2 and 3, the provisions of the collective bargaining agreement entered into by the board of trustees of the school district in which the charter school is located apply to the terms and conditions of employment of employees of the charter school. If a written charter is renewed, the employees of the charter school may, at the time of renewal, apply for recognition as a bargaining unit pursuant to NRS 288.160.

    2.  A charter school is exempt from the specific provisions of the collective bargaining agreement that controls the:

    (a) Times of day that a teacher may work;

    (b) Number of hours that a teacher may work in 1 day;

    (c) Number of hours and days that a teacher may work in 1 week; and

    (d) Number of hours and days that a teacher may work in 1 year.

If a teacher works more than the number of hours or days prescribed in the collective bargaining agreement, the teacher must be compensated for the additional hours or days in an amount calculated by prorating the salary for the teacher that is set forth in the collective bargaining agreement.

    3.  A teacher or a governing body of a charter school may request that the board of trustees of the school district and other persons who entered into the collective bargaining agreement grant a waiver from specific provisions of the collective bargaining agreement for the teacher or governing body.

    [3.] 4.  All employees of a charter school shall be deemed public employees.

    [4.] 5.  The governing body of a charter school may make all employment decisions with regard to its employees pursuant to NRS 391.311 to 391.3197, inclusive, unless the applicable collective bargaining agreement contains separate provisions relating to the discipline of licensed employees of a school.

    [5.] 6.  If the written charter of a charter school is revoked, the employees of the charter school must be reassigned to employment within the school district in accordance with the collective bargaining agreement.

    [6.] 7.  The board of trustees of a school district that is a sponsor of a charter school shall grant a leave of absence, not to exceed 6 years, to any employee who is employed by the board of trustees who requests such a leave of absence to accept employment with the charter school. After the first school year in which an employee is on a leave of absence, he may return to his former teaching position with the board of trustees. After the third school year, an employee who is on a leave of absence may submit a written request to the board of trustees to return to a comparable teaching position with the board of trustees. After the sixth school year, an employee shall either submit a written request to return to a comparable teaching position or resign from the position for which his leave was granted. The board of trustees shall grant a written request to return to a comparable position pursuant to this subsection even if the return of the employee requires the board of trustees to reduce the existing work force of the school district. The board of trustees may require that a request to return to a teaching position submitted pursuant to this subsection be submitted at least 90 days before the employee would otherwise be required to report to duty.

    [7.] 8.  An employee who is on a leave of absence from a school district pursuant to this section shall contribute to and be eligible for all benefits for which he would otherwise be entitled, including, without limitation, participation in the public employees’ retirement system and accrual of time for the purposes of leave and retirement. The time during which such an employee is on leave of absence and employed in a charter school does not count toward the acquisition of permanent status with the school district.

    [8.] 9.  Upon the return of a teacher to employment in the school district, he is entitled to the same level of retirement, salary and any other benefits to which he would otherwise be entitled if he had not taken a leave of absence to teach in a charter school.

    [9.] 10.  An employee of a charter school who is not on a leave of absence from a school district is eligible for all benefits for which he would be eligible for employment in a public school, including, without limitation, participation in the public employees’ retirement system.

    [10.] 11.  For all employees of a charter school:

    (a) The compensation that a teacher or other school employee would have received if he were employed by the school district must be used to determine the appropriate levels of contribution required of the employee and employer for purposes of the public employees’ retirement system.

    (b) The compensation that is paid to a teacher or other school employee that exceeds the compensation that he would have received if he were employed by the school district must not be included for the purposes of calculating future retirement benefits of the employee.

    Sec. 2.  This act becomes effective on July 1, 1999.”.

    Amend the bill as whole by deleting the preamble.

    Amend the title of the bill to read as follows:

“AN ACT relating to charter schools; revising provisions governing the compensation of certain employees of charter schools; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

“SUMMARY—Revises provisions governing compensation of certain employees of charter schools. (BDR 34‑1410)”.

    Assemblyman Williams moved the adoption of the amendment.

    Remarks by Assemblyman Williams.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

REPORTS OF COMMITTEES

Mr. Speaker:

    Your Committee on Government Affairs, to which were referred Assembly Bills Nos. 306, 569, 604, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Douglas A. Bache, Chairman

MOTIONS, RESOLUTIONS AND NOTICES

    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. 42.

    Assemblyman Perkins moved that the bill be referred to the Committee on Commerce and Labor.

    Motion carried.

    Senate Bill No. 44.

    Assemblyman Perkins moved that the bill be referred to the Committee on Commerce and Labor.

    Motion carried.

    Senate Bill No. 45.

    Assemblyman Perkins moved that the bill be referred to the Committee on Commerce and Labor.

    Motion carried.

    Senate Bill No. 55.

    Assemblyman Perkins moved that the bill be referred to the Committee on Commerce and Labor.

    Motion carried.

    Senate Bill No. 75.

    Assemblywoman Buckley moved that the bill be referred to the Committee on Commerce and Labor.

    Motion carried.

    Senate Bill No. 132.

    Assemblywoman Buckley moved that the bill be referred to the Committee on Commerce and Labor.

    Motion carried.

    Senate Bill No. 210.

    Assemblywoman Buckley moved that the bill be referred to the Committee on Commerce and Labor.

    Motion carried.

    Senate Bill No. 216.

    Assemblywoman Buckley moved that the bill be referred to the Committee on Government Affairs.

    Motion carried.

    Senate Bill No. 334.

    Assemblywoman Buckley moved that the bill be referred to the Committee on Commerce and Labor.

    Motion carried.

    Senate Bill No. 336.

    Assemblywoman Buckley moved that the bill be referred to the Committee on Transportation.

    Motion carried.

    Senate Bill No. 365.

    Assemblywoman Buckley moved that the bill be referred to the Committee on Health and Human Services.

    Motion carried.

    Senate Bill No. 374.

    Assemblywoman Buckley moved that the bill be referred to the Committee on Commerce and Labor.

    Motion carried.

    Senate Bill No. 379.

    Assemblyman Perkins moved that the bill be referred to the Committee on Transportation.

    Motion carried.

    Senate Bill No. 387.

    Assemblyman Perkins moved that the bill be referred to the Committee on Transportation.

    Motion carried.

    Senate Bill No. 403.

    Assemblyman Perkins moved that the bill be referred to the Committee on Taxation.

    Motion carried.

    Senate Bill No. 418.

    Assemblyman Perkins moved that the bill be referred to the Committee on Government Affairs.

    Motion carried.

    Senate Bill No. 431.

    Assemblyman Perkins moved that the bill be referred to the Committee on Education.

    Motion carried.

    Senate Bill No. 435.

    Assemblyman Perkins moved that the bill be referred to the Committee on Education.

    Motion carried.

    Senate Bill No. 437.

    Assemblyman Perkins moved that the bill be referred to the Committee on Commerce and Labor.

    Motion carried.

    Senate Bill No. 484.

    Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.

    Motion carried.

    Senate Bill No. 522.

    Assemblyman Perkins moved that the bill be referred to the Committee on Taxation.

    Motion carried.

    Senate Bill No. 535.

    Assemblyman Perkins moved that the bill be referred to the Committee on Taxation.

    Motion carried.

    Senate Bill No. 542.

    Assemblyman Perkins moved that the bill be referred to the Committee on Government Affairs.

    Motion carried.

MOTIONS, RESOLUTIONS AND NOTICES

    In compliance with a notice given on a previous day, Assemblyman Price moved that the vote whereby Assembly Bill No. 517 was passed be reconsidered.

    Remarks by Assemblyman Price.

    Motion carried.

MOTIONS, RESOLUTIONS AND NOTICES

Notice Of Exemption

    The Fiscal Analysis Division, pursuant to Joint Standing Rule 14.6 determined the exemption of Assembly Bills Nos. 348, 562, 581 and 584.

    Assemblyman Goldwater moved that Assembly Bill No. 567 be taken from the Chief Clerk's desk and placed on the General File.

    Remarks by Assemblyman Goldwater.

    Motion carried.

    Assemblyman Goldwater moved that Assembly Bill No. 562 be taken from the Chief Clerk's desk and re-referred to the Committee on Ways and Means.

    Remarks by Assemblyman Goldwater.

    Motion carried.

    Assemblyman Goldwater moved that Assembly Bills Nos. 581, 584 be taken from the General File and re-referred to the Committee on Ways and Means.

    Remarks by Assemblyman Goldwater.

    Motion carried.

    Assemblyman Williams moved that Assembly Bill No. 217 be taken from the General File and placed on the Chief Clerk's desk.

    Remarks by Assemblyman Williams.

    Motion carried.

general file and third reading

    Assembly Bill No. 60.

    Bill read third time.

    Remarks by Assemblywomen Giunchigliani, Angle and Freeman.

    Roll call on Assembly Bill No. 60:

    Yeas—38.

    Nays—Angle, Carpenter, Gustavson, Von Tobel—4.

    Assembly Bill No. 60 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 142.

    Bill read third time.

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

    Amendment No. 660.

    Amend section 1, page 2, by deleting lines 15 and 16 and inserting:

“[owner,] of the owners, as listed on the county assessor’s records, of at least the 30 parcels nearest to the property in question. The”.

    Amend section 1, page 2, by deleting lines 20 through 25 and inserting:

    “4.  If an application is for the issuance of a variance or special use permit with regard to property that is located within an unincorporated town, the applicant shall present the information contained in the application at a meeting of the town board, citizens’ advisory council or town advisory board, whichever is applicable, before a hearing is held on the application pursuant to subsection 2. The town board, citizens’ advisory council or town advisory board may make recommendations regarding the application and submit its recommendations for consideration at the hearing held pursuant to subsection 2. The governing body or other person or entity that is authorized to take action on the application at the hearing held pursuant to subsection 2 shall not take action on the application until it receives recommendations from the town board, citizens’ advisory council or town advisory board regarding the application or evidence from the applicant that he presented the information contained in the application at a meeting of the town board, citizens’ advisory council or town advisory board. The governing body or other authorized person or entity shall consider any recommendations made by the town board, citizens’ advisory council or town advisory board regarding the application. If the governing body or other authorized person or entity does not accept any such recommendation, the governing body or other authorized person or entity shall make a written finding specifying the reasons for its refusal to accept the recommendation.”.

    Assemblyman Bache moved the adoption of the amendment.

    Remarks by Assemblyman Bache.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 194.

    Bill read third time.

    Remarks by Assemblywoman Buckley.

    Roll call on Assembly Bill No. 194:

    Yeas—37.

    Nays—Angle, Beers, Cegavske, Hettrick, Tiffany—5.

    Assembly Bill No. 194 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 204.

    Bill read third time.

    Remarks by Assemblywomen Evans and Freeman.

    Roll call on Assembly Bill No. 204:

    Yeas—40.

    Nays—Gibbons, Gustavson—2.

    Assembly Bill No. 204 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 258.

    Bill read third time.

    Remarks by Assemblymen Chowning and Bache.

    Roll call on Assembly Bill No. 258:

    Yeas—38.

    Nays—Bache, Gibbons, Marvel, Parnell—4.

    Assembly Bill No. 258 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 334.

    Bill read third time.

    Remarks by Assemblymen Hettrick and Goldwater.

    Roll call on Assembly Bill No. 334:

    Yeas—29.

    Nays—Anderson, Angle, Bache, Buckley, Claborn, Collins, Giunchigliani, Goldwater, Koivisto, Manendo, Ohrenschall, Parnell, Price—13.

    Assembly Bill No. 334 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 376.

    Bill read third time.

    Remarks by Assemblyman Bache.

    Roll call on Assembly Bill No. 376:

    Yeas—41.

    Nays—Gustavson.

    Assembly Bill No. 376 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 434.

    Bill read third time.

    Remarks by Assemblywoman Giunchigliani.

    Roll call on Assembly Bill No. 434:

    Yeas—41.

    Nays—Gustavson.

    Assembly Bill No. 434 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 451.

    Bill read third time.

    Remarks by Assemblymen Beers and Brower.

    Potential conflict of interest declared by Assemblyman Brower.

    Roll call on Assembly Bill No. 451:

    Yeas—42.

    Nays—None.

    Assembly Bill No. 451 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 478.

    Bill read third time.

    Remarks by Assemblymen Cegavske, Perkins and Carpenter.

    Roll call on Assembly Bill No. 478:

    Yeas—19.

    Nays—Arberry, Bache, Beers, Buckley, Carpenter, Claborn, de Braga, Evans, Freeman, Giunchigliani, Goldwater, Koivisto, McClain, Mortenson, Neighbors, Ohrenschall, Parnell, Perkins, Price, Segerblom, Thomas, Williams—22.

    Not Voting—Dini.

    Assembly Bill No. 478 having failed to receive a constitutional majority, Mr. Speaker declared it lost.

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

    Assembly in recess at 1:28 p.m.

ASSEMBLY IN SESSION

    At 1:29 p.m.

    Madam Speaker pro Tempore presiding.

    Quorum present.

    Assembly Bill No. 527.

    Bill read third time.

    Remarks by Assemblymen Parks, Koivisto, Humke and Evans.

    Potential conflict of interest declared by Assemblymen Koivisto, Humke and Evans.

    Roll call on Assembly Bill No. 527:

    Yeas—42.

    Nays—None.

    Assembly Bill No. 527 having received a constitutional majority, Madam Speaker pro Tempore declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 535.

    Bill read third time.

    Remarks by Assemblymen Arberry and Brower.

    Potential conflict of interest declared by Assemblyman Brower.

    Roll call on Assembly Bill No. 535:

    Yeas—42.

    Nays—None.

    Assembly Bill No. 535 having received a two-thirds majority, Madam Speaker pro Tempore declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 536.

    Bill read third time.

    Remarks by Assemblymen Hettrick, Brower and Goldwater.

    Potential conflict of interest declared by Assemblyman Brower.

    Roll call on Assembly Bill No. 536:

    Yeas—42.

    Nays—None.

    Assembly Bill No. 536 having received a two-thirds majority, Madam Speaker pro Tempore declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 552.

    Bill read third time.

    Remarks by Assemblymen Cegavske, Dini, Segerblom, Freeman, Arberry, Nolan, Collins, Anderson and Hettrick.

    Roll call on Assembly Bill No. 552:

    Yeas—24.

    Nays—Anderson, Arberry, Bache, Buckley, de Braga, Dini, Evans, Freeman, Goldwater, Koivisto, Manendo, Mortenson, Neighbors, Ohrenschall, Perkins, Price, Von Tobel, Williams—18.

    Assembly Bill No. 552 having received a constitutional majority, Madam Speaker pro Tempore declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 555.

    Bill read third time.

    Remarks by Assemblyman Manendo.

    Roll call on Assembly Bill No. 555:

    Yeas—42.

    Nays—None.

    Assembly Bill No. 555 having received a constitutional majority, Madam Speaker pro Tempore declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 576.

    Bill read third time.

    Remarks by Assemblymen Williams and Giunchigliani.

    Roll call on Assembly Bill No. 576:

    Yeas—32.

    Nays—Anderson, Bache, Carpenter, Claborn, Evans, Freeman, Giunchigliani, Leslie, Neighbors, Price—10.

    Assembly Bill No. 576 having received a constitutional majority, Madam Speaker pro Tempore declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 603.

    Bill read third time.

    Remarks by Assemblymen Segerblom and Brower.

    Potential conflict of interest declared by Assemblyman Brower.

    Roll call on Assembly Bill No. 603:

    Yeas—42.

    Nays—None.

    Assembly Bill No. 603 having received a constitutional majority, Madam Speaker pro Tempore declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 610.

    Bill read third time.

    Remarks by Assemblywoman Giunchigliani.

    Roll call on Assembly Bill No. 610:

    Yeas—42.

    Nays—None.

    Assembly Bill No. 610 having received a constitutional majority, Madam Speaker pro Tempore declared it passed, as amended.

    Bill ordered transmitted to the Senate.

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblywoman Giunchigliani moved that Assembly Bill No. 465 be taken from the Chief Clerk's desk and placed at the bottom of the General File.

    Remarks by Assemblywoman Giunchigliani.

    Motion carried.

    Assemblyman Beers gave notice that on the next legislative day he would move to reconsider the vote whereby Assembly Bill No. 478 was this day refused passage.

general file and third reading

    Assembly Bill No. 615.

    Bill read third time.

    Remarks by Assemblywoman Giunchigliani.

    Roll call on Assembly Bill No. 615:

    Yeas—42.

    Nays—None.

    Assembly Bill No. 615 having received a constitutional majority, Madam Speaker pro Tempore declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 621.

    Bill read third time.

    Remarks by Assemblyman Gustavson.

    Roll call on Assembly Bill No. 621:

    Yeas—41.

    Nays—None.

    Excused—McClain.

    Assembly Bill No. 621 having received a two-thirds majority, Madam Speaker pro Tempore declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 636.

    Bill read third time.

    Remarks by Assemblymen Buckley, Collins and Lee.

    Potential conflict of interest declared by Assemblymen Collins and Lee.

    Roll call on Assembly Bill No. 636:

    Yeas—42.

    Nays—None.

    Assembly Bill No. 636 having received a two-thirds majority, Madam Speaker pro Tempore declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 669.

    Bill read third time.

    Remarks by Assemblyman Goldwater.

    Roll call on Assembly Bill No. 669:

    Yeas—41.

    Nays—None.

    Not Voting—Dini.

    Assembly Bill No. 669 having received a constitutional majority, Madam Speaker pro Tempore declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 677.

    Bill read third time.

    Remarks by Assemblyman Parks.

    Roll call on Assembly Bill No. 677:

    Yeas—42.

    Nays—None.

    Assembly Bill No. 677 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.

    The following amendment was proposed by Assemblyman Price:

    Amendment No. 674.

    Amend sec. 9, page 5, by deleting line 17 and inserting:

    “6.  Has been convicted of a gross misdemeanor or misdemeanor for battery that constitutes domestic violence pursuant to NRS 33.018 or for any other crime relating to the abuse, neglect”.

    Assemblyman Price moved the adoption of the amendment.

    Remarks by Assemblymen Price, Anderson, de Braga, Giunchigliani, Buckley, Freeman and Brower.

    Amendment lost.

    Remarks by Assemblyman Anderson.

    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. 567.

    Bill read third time.

    Remarks by Assemblymen Thomas, Tiffany and Goldwater.

    Roll call on Assembly Bill No. 567:

    Yeas—27.

    Nays—Beers, Brower, Carpenter, Cegavske, Collins, Dini, Evans, Gustavson, Hettrick, Humke, Neighbors, Price, Tiffany, Von Tobel—14.

    Not Voting—Nolan.

    Assembly Bill No. 567 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.

    The following amendment was proposed by Assemblymen Buckley, Giunchigliani and Tiffany:

    Amendment No. 670.

    Amend section 1, page 2, lines 27 and 28, by deleting:

“NRS 244.183 or other legally acceptable enumeration of population.” and inserting “NRS 244.183.”.

    Assemblywoman Giunchigliani moved the adoption of the amendment.

    Remarks by Assemblywoman Giunchigliani.

    Amendment adopted.

    Bill ordered reprinted, re-engrossed and to third reading.

REPORTS OF COMMITTEES

Mr. Speaker:

    Your Committee on Constitutional Amendments, to which was referred Assembly Joint Resolution No. 7, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Bob Price, Chairman

Mr. Speaker:

    Your Committee on Education, to which were referred Assembly Bills Nos. 14, 15, 37, 43, 47, 313, 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 Taxation, to which were referred Assembly Bills Nos. 471, 506, 667, 668, 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

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

    Assembly in recess at 2:53 p.m.

ASSEMBLY IN SESSION

    At 3:09 p.m.

    Madam Speaker pro Tempore presiding.

    Quorum present.

REPORTS OF COMMITTEES

Mr. Speaker:

    Your Committee on Government Affairs, to which were referred Assembly Bills Nos. 484, 493, 563, has had the same under consideration, and begs leave to report the same back with the

recommendation: Amend, and do pass as amended.

Douglas A. Bache, Chairman

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblyman Perkins moved that Assembly Bills Nos. 14, 15, 37, 43, 47, 306, 313, 471, 484, 493, 506, 563, 569, 604, 667, 668 and Assembly Joint Resolution No. 7 be placed on the Second Reading File.

    Motion carried.

SECOND READING AND AMENDMENT

    Assembly Bill No. 14.

    Bill read second time.

    The following amendment was proposed by the Committee on Education:

    Amendment No. 486.

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

    “Section 1.  Chapter 392 of NRS is hereby amended by adding thereto a new section to read as follows:

    A school shall enter into the record of a pupil a suspension of the pupil if the school in which the pupil is enrolled:

    1.  Prohibits the pupil from attending school for 3 or more consecutive days; and

    2.  Requires a conference or some other form of communication with the parent or legal guardian of the pupil before the pupil is allowed to return to school.”.

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

    “1.  Except as otherwise provided in this section, a principal of a school shall, upon the written request of at least one teacher of a pupil enrolled in elementary school or at least two teachers of a pupil enrolled in junior high, middle school or high school, deem the pupil a habitual disciplinary problem if the”.

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

“during that school year, or if a pupil receives one suspension on his record, the school in which the pupil is enrolled shall”.

    Amend section 1, page 2, by deleting lines 9 and 10 and inserting:

    “(b) An explanation that if the pupil is suspended for initiating one additional fight on school property or if the pupil receives five suspensions on his record during the current school year, he will be deemed a habitual”.

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

“A school shall provide the notice required by this subsection for each suspension on the record of a pupil during a school year. A school may include the notice required by this subsection with notice that is otherwise provided to the parent or legal guardian of a pupil which informs the parent or legal guardian of the act committed by the pupil.”.

    Amend section 1, page 2, by deleting lines 33 through 35 and inserting:

    “(c) The pupil and his parent or legal guardian that the pupil will attend summer school, intersession school or school on Saturday, if any of those alternatives are offered by the school district.”.

    Amend section 1, page 3, line 14, after “problem.” by inserting:

“A school may include the notice required by this subsection with notice that is otherwise provided to the parent or legal guardian of a pupil which informs the parent or legal guardian of the act committed by the pupil.”.

    Amend section 1, page 3, by deleting lines 24 through 26 and inserting:

    “(c) The pupil and his parent or legal guardian that the pupil will attend summer school, intersession school or school on Saturday, if any of those alternatives are offered by the school district.”.

    Amend section 1, page 3, by deleting lines 33 through 40.

    Amend the title of the bill, first line, after:

“relating to pupils;” by inserting:

“requiring schools to enter suspensions into the records of pupils under certain circumstances;”.

    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. 15.

    Bill read second time.

    The following amendment was proposed by the Committee on Education:

    Amendment No. 487.

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

“whole [.] , excluding pupils who:

        (1) Provide proof to the school district of successful completion of the examinations of general educational development.

        (2) Are enrolled in courses that are approved by the department as meeting the requirements for an adult standard diploma.

        (3) Withdraw from school to attend another school.”.

    Amend section 1, page 3, between lines 36 and 37 by inserting:

    “(s) The number of habitual truants who are reported to a school police officer or law enforcement agency pursuant to paragraph (a) of subsection 2 of section 3 of this act and the number of habitual truants who are referred to an advisory board to review school attendance pursuant to paragraph (b) of subsection 2 of section 3 of this act, for each school in the district and for the district as a whole.”.

    Amend the bill as a whole by deleting sections 2 through 19 and the text of the repealed section and adding new sections designated sections 2 through 18, following section 1, to read as follows:

    “Sec. 2.  Chapter 392 of NRS is hereby amended by adding thereto the provisions set forth as sections 3, 4 and 5 of this act.

    Sec. 3.  1.  If a pupil has three or more unapproved absences from school, the school in which the pupil is enrolled shall take reasonable actions designed, as applicable, to encourage, enable or convince the pupil to attend school.

    2.  If a pupil is a habitual truant pursuant to NRS 392.140, the principal of the school shall:

    (a) Report the pupil to a school police officer or to the local law enforcement agency for investigation and issuance of a citation, if warranted, in accordance with NRS 392.142; or

    (b) Submit a written referral of the pupil to the advisory board to review school attendance in the county in accordance with section 4 of this act.

    3.  The board of trustees of each school district shall adopt criteria to determine whether the principal of a school shall report a pupil to a school police officer or law enforcement agency pursuant to paragraph (a) of subsection 2 or refer a pupil to an advisory board to review school attendance pursuant to paragraph (b) of subsection 2.

    Sec. 4.  A written referral of a pupil to an advisory board to review school attendance must include the dates on which the pupil was truant from school and all action taken by the school to assist the pupil to attend school. The advisory board may request clarification of any information contained in the written referral or any additional information that the advisory board considers necessary. The school shall provide written notice of the referral to the parents or legal guardian of the pupil. The written notice must include, without limitation:

    1.  The name and address of the pupil referred;

    2.  A written explanation of the reason for the referral;

    3.  A summary of the provisions of section 5 of this act; and

    4.  The address and telephone number of the advisory board to review school attendance.

    Sec. 5.  1.  If an advisory board to review school attendance receives a written referral of a pupil pursuant to section 4 of this act, the advisory board shall set a date, time and place for a hearing. The pupil and his parents or legal guardian shall attend the hearing held by the advisory board. The hearing must be closed to the public. The chairman of an advisory board to review school attendance may request that subpoenas for a hearing conducted pursuant to this section be issued to:

    (a) The parent or legal guardian of a pupil who has been referred to the advisory board or any other person that the advisory board considers necessary to the hearing.

    (b) A pupil who has been referred to the advisory board.

    2.  If a pupil and his parents or legal guardian do not attend the hearing, the chairman of the advisory board shall report the pupil to a school police officer or to the appropriate local law enforcement agency for investigation and issuance of a citation, if warranted in accordance with NRS 392.142.

    3.  If an advisory board to review school attendance determines that the status of a pupil as a habitual truant can be adequately addressed through participation by the pupil in programs and services available in the community, the advisory board shall order the pupil to participate in such programs and services. If the pupil does not agree to participate in such programs and services, the chairman of the advisory board shall report the pupil to a school police officer or to the appropriate local law enforcement agency for investigation and issuance of a citation, if warranted in accordance with NRS 392.142. If the pupil agrees to participate in such programs and services, the advisory board, the pupil and the parents or legal guardian of the pupil shall enter into a written agreement that:

    (a) Sets forth the findings of the advisory board;

    (b) Sets forth the terms and conditions of the pupil’s participation in the programs and services designated by the advisory board; and

    (c) Adequately informs the pupil and his parents or legal guardian that if the pupil or his parents or legal guardian do not comply with the terms of the written agreement, the chairman of the advisory board is legally obligated to report the pupil to a school police officer or to the appropriate local law enforcement agency for investigation and issuance of a citation, if warranted in accordance with NRS 392.142.

The parents or legal guardian of the pupil shall, upon the request of the advisory board, provide proof satisfactory to the advisory board that the pupil is participating in the programs and services set forth in the written agreement.

    4.  The chairman of an advisory board to review school attendance shall report a pupil to a school police officer or to the appropriate local law enforcement agency if:

    (a) The pupil and his parents or legal guardian fail to attend a hearing set by the advisory board pursuant to subsection 1;

    (b) The advisory board determines that the status of a pupil as a habitual truant cannot be adequately addressed by requiring the pupil to participate in programs and services available in the community;

    (c) The pupil does not consent to participation in programs and services pursuant to subsection 3; or

    (d) The pupil or his parents or legal guardian violates the terms of the written agreement entered into pursuant to subsection 3.

    5.  If a chairman of an advisory board makes such a report to a school police officer or local law enforcement agency, the chairman shall:

    (a) Submit to the school police officer or law enforcement agency, as applicable, written documentation of all efforts made by the advisory board to address the status of the pupil as a habitual truant; and

    (b) Make recommendations to the school police officer or law enforcement agency, as applicable, regarding the appropriate disposition of the case.

    Sec. 6.  NRS 392.126 is hereby amended to read as follows:

    392.126  1.  There is hereby created in each county at least one advisory board to review school attendance. The membership of each such board may consist of:

    (a) One probation officer in the county who works on cases relating to juveniles, appointed by the judge or judges of the juvenile court of the county;

    (b) One representative of a law enforcement agency in the county who works on cases relating to juveniles, appointed by the judge or judges of the juvenile court of the county;

    (c) One representative of the district attorney for the county, appointed by the district attorney;

    (d) One parent or legal guardian of a pupil who is enrolled in a public school in the county, or his designee or alternate, appointed by the president of the board of trustees of the school district;

    (e) One member of the board of trustees of the school district, appointed by the president of the board of trustees;

    (f) One school counselor or school teacher employed by the school district, appointed by an organization or association that represents licensed educational personnel in the school district;

    (g) One deputy sheriff in the county, appointed by the sheriff of the county; and

    (h) One representative of the local office of the division of child and family services of the department of human resources, appointed by the executive head of that office.

    2.  The members of each such board shall elect a chairman from among their membership.

    3.  Each member of such a board must be appointed for a term of 2 years. A vacancy in the membership of the board must be filled in the same manner as the original appointment for the remainder of the unexpired term.

    4.  Each member of such a board serves without compensation, except that, for each day or portion of a day during which a member of the board attends a meeting of the board or is otherwise engaged in the business of the board, he is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally. The board of trustees of the school district shall pay the per diem allowance and travel expenses from the general fund of the school district.

    Sec. 7.  NRS 392.127 is hereby amended to read as follows:

    392.127  The board of trustees of each school district shall provide administrative support to [the] each advisory board to review school attendance created [for] in its county pursuant to NRS 392.126.   

    Sec. 8.  NRS 392.128 is hereby amended to read as follows:

    392.128  1.  Each advisory board to review school attendance created pursuant to NRS 392.126 shall:

    (a) Review the records of the [rate of] attendance and truancy of pupils submitted to the advisory board to review school attendance by the board of trustees of the school district pursuant to subsection 4 of NRS 385.347;

    (b) Identify factors that contribute to the [rate of] truancy of pupils in the school district;

    (c) Establish programs to reduce the [rate of] truancy of pupils in the school district;

    (d) At least annually, evaluate the effectiveness of those programs;

    (e) Establish a procedure for schools and school districts for the reporting of the status of pupils as habitual truants; and [the issuance of citations pursuant to NRS 392.142; and]

    (f) Inform the parents and legal guardians of the pupils who are enrolled in the schools within the district of the policies and procedures adopted pursuant to the provisions of this section.

    2.  The chairman of an advisory board may divide the advisory board into subcommittees. The advisory board may delegate one or more of the duties of the advisory board to a subcommittee of the advisory board, including, without limitation, holding hearings pursuant to section 5 of this act.

    3.  An advisory board to review school attendance created in a county pursuant to NRS 392.126 may use money appropriated by the legislature and any other money made available to the advisory board for the use of programs to reduce the truancy of pupils in the school district. The advisory  board to review school attendance shall, on a quarterly basis, provide to the board of trustees of the school district an accounting of the money used by the advisory board to review school attendance to reduce the [rate of] truancy of pupils in the school district.

    Sec. 9.  NRS 392.130 is hereby amended to read as follows:

    392.130  1.  Within the meaning of this chapter, a pupil shall be deemed a truant who is absent from school without the written approval of his teacher or the principal of the school, unless the pupil is physically or mentally unable to attend school. The teacher or principal shall give his written approval for a pupil to be absent if an emergency exists or upon the request of a parent or legal guardian of the pupil. Before a pupil may attend or otherwise participate in school activities outside the classroom during regular classroom hours, he must receive the approval of the teacher or principal.

    2.  Absencefor [any part] at least one period, or the equivalent of one period for the school, of a schoolday shall be deemed a truancy for the purposes of this section.

    3.  If a pupil is physically or mentally unable to attend school, the parent or legal guardian or other person having control or charge of the pupil shall notify the teacher or principal of the school orally or in writing , in accordance with the policy established by the board of trustees of the school district, within 3 days after the pupil returns to school.

    4.  An absence which has not been approved pursuant to subsection 1 or 3shall be deemed an unapproved absence. In the event of an unapproved absence, the teacher, attendance officer or other school official shall deliver or cause to be delivered a written notice of truancy to the parent, legal guardian or other person having control or charge of the child. The written notice must be delivered to the parent, legal guardian or other person who has control of the child. The written notice must inform the parents or legal guardian of such absences in a form specified by the department.

    5.  As used in this section, “physically or mentally unable to attend” does not include a physical or mental condition for which a pupil is excused pursuant to NRS 392.050. 

    Sec. 10.  NRS 392.140 is hereby amended to read as follows:

    392.140  1.  Any child who has been declared a truant [three] five or more times within one school year must be declared a habitual truant.

    2.  Any child who has once been declared a habitual truant and who in an immediately succeeding year is absent from school without the written:

    (a) Approval of his teacher or the principal of the school pursuant to subsection 1 of NRS 392.130; or

    (b) Notice of his parent or legal guardian or other person who has control or charge over the pupil pursuant to subsection 3 of NRS 392.130,

may again be declared a habitual truant.     

    Sec. 11.  NRS 392.142 is hereby amended to read as follows:

    392.142  1.  [The principal of a school shall report to the appropriate local law enforcement agency the name of any pupil enrolled in that school who is a habitual truant.

    2.]  Upon receipt of [such] a report[,] pursuant to section 3 or 5 of this act, if it appears after investigation that [the] a pupil is a habitual truant, the school police officer or law enforcement agency to whom the report is made shall prepare a written citation directing the pupil to appear in the proper juvenile court.

    [3.] 2.  A copy of the citation must be delivered to the pupil and to the parent, guardian or any other person who has control or charge of the pupil by:

    (a) The local law enforcement agency;

    (b) A school police officer employed by the board of trustees of the school district; or

    (c) An attendance officer appointed by the board of trustees of the school district.

    [4.] 3.  The citation must be in the form prescribed for misdemeanor citations in NRS 171.1773.

    Sec. 12.  NRS 62.090 is hereby amended to read as follows:

    62.090  1.  The judge, in his discretion, may appoint any person qualified by previous experience, training and demonstrated interest in the welfare of children as master. The master, upon the order of the judge in proceedings arising under the provisions of this chapter, may swear witnesses and take evidence. No probation officer may act as master unless the proceeding concerns [only a minor]a:

    (a) Minor traffic offense[.]; or

    (b) Child who is alleged to be a habitual truant.

    2.  Each master who is first appointed after July 1, 1981, shall attend instruction at the National College of Juvenile and Family Law in Reno, Nevada, in a course designed for the training of new judges of the juvenile courts on the first occasion when such instruction is offered after he is appointed.

    3.  The compensation of a master in juvenile sessions may not be taxed against the parties, but when fixed by the judge must be paid out of appropriations made for the expenses of the district court.

    4.  The judge may direct that the facts in any juvenile court proceeding, from the inception of the matter, be found by the master in the same manner as in the district court. Within 10 days after the evidence before him is closed, the master shall file with the judge all papers relating to the case, written findings of fact and recommendations.

    5.  Notice in writing of the master’s findings and recommendations, together with the notice of right of appeal as provided in this section, must be given by the master, or someone designated by him, to the parent, guardian or custodian, if any, of the child, to the child’s attorney, to the district attorney, and to any other person concerned. A hearing by the court must be allowed if a person entitled to notice files with the court a request for a hearing and the request is filed within 5 days after the giving of the notice. The findings and recommendations of the master, upon approval by the court evidenced by signature, constitute a decree of the court.

    Sec. 13.  NRS 62.130 is hereby amended to read as follows:

    62.130  1.  A petition alleging that a child is delinquent or a petition for revocation may be signed by any person, including the district attorney, who has knowledge of the facts alleged, or is informed of them and believes that they are true.

    2.  A petition alleging that a child is in need of supervision may be signed only by:

    (a) A representative of a public or private agency licensed or authorized to provide care or supervision of children;

    (b) A representative of a public or private agency providing social service for families; or

    (c) A school police officer[,] or other school officer, law enforcement officer or probation officer.

    3.  The district attorney shall prepare and sign every petition alleging delinquency or need of supervision, and shall represent the petitioner in all proceedings.

    4.  The petition must be entitled, “In the Matter of ........, a child,” and must be verified by the person who signs it.

    5.  The petition must set forth specifically:

    (a) The facts which bring the child within the jurisdiction of the court as indicated in NRS 62.040, and the date when delinquency occurred or need of supervision arose . [;]

    (b) The name, date of birth and address of the residence of the child . [;]

    (c) The names and address of the residence of his parents, guardian or custodian, and spouse if any. If neither of his parents, guardian or custodian resides or can be found within the state, or if their addresses are unknown, the petition must state the name of any known adult relative residing within the state, or if there is none, the known adult relative residing nearest to the court . [; and]

    (d) Whether the child is in custody, and if so, the place of detention and the time he was taken into custody.

    6.  When any of the facts required by subsection 5 are not known, the petition must so state.

    Sec. 14.  NRS 62.224 is hereby amended to read as follows:

    62.224  1.  In addition to any other action authorized pursuant to the provisions of this chapter, if a child is found to be in need of supervision because he is a habitual truant, the court shall:

    (a) The first time the child is found to be in need of supervision because he is a habitual truant:

        (1) Order the child to [pay] :

            (I) Pay a fine of not more than $100 pursuant to paragraph (l) of subsection 1 of NRS 62.211 and the administrative assessment required by NRS 62.223; [and]

            (II) Perform not less than 8 hours but not more than 16 hours of community service in compliance with the provisions of subsection 3; or

            (III) Comply with the requirements set forth in both sub-subparagraphs (I) and (II); and

        (2) If the child is 14 years of age or older, order the suspension of the child’s driver’s license for at least30 days[.]but not more than 2 years. If the child does not possess a driver’s license, the court shall prohibit the child from applying for a driver’s license for at least30 days[:]but not more than 2 years:

            (I) Immediately following the date of the order if the child is eligible to apply for a driver’s license; or

            (II) After the date he becomes eligible to apply for a driver’s license if the child is not eligible to apply for a driver’s license.

    (b) The second or any subsequent time the child is found to be in need of supervision because he is a habitual truant:

        (1) Order the child to:

            (I) Pay a fine of not more than $200 pursuant to paragraph (l) of subsection 1 of NRS 62.211 and the administrative assessment required by NRS 62.223;

            (II) Perform not less than 16 hours but not more than [10] 32 hours of community service in compliance with the provisions of subsection 3; or

            (III) Comply with the requirements set forth in both sub‑subparagraphs (I) and (II); and

        (2) If the child is 14 years of age or older, order the suspension of the child’s driver’s license for [60 days.] at least 90 days but not more than 2 years.If the child does not possess a driver’s license, the court shall prohibit the child from applying for a driver’s license for [60 days:]at least 90 days but not more than 2 years:

            (I) Immediately following the date of the order if the child is eligible to apply for a driver’s license; or

            (II) After the date he becomes eligible to apply for a driver’s license if the child is not eligible to apply for a driver’s license.

    2.  The [juvenile] court may suspend the payment of a fine ordered pursuant to paragraph (a) of subsection 1 if the child attends school for 60 consecutive school days after the imposition of the fine, or has a valid excuse acceptable to his teacher or the principal for any absence from school within that period.

    3.  The community service ordered pursuant to paragraph (a) or (b) of subsection 1 must be performed:

    (a) For and under the supervising authority of a county, city, town or other political subdivision or agency of this state or a charitable organization that renders service to the community or its residents; and

    (b) At the child’s school of attendance, if practicable.

    4.  If the court issues an order suspending a child’s driver’s license pursuant to subsection 1, the [judge]court shall require the child to surrender to the court all driver’s licenses then held by the child.

    Sec. 15.  NRS 483.495 is hereby amended to read as follows:

    483.495  The department shall by regulation:

    1.  Except as otherwise provided in NRS 62.2263 and 62.227 andparagraph (h) of subsection 1 of NRS 62.211, [subsection 7 of NRS 62.224, NRS 62.2263 and 62.227,] set forth any tests and other requirements which are a condition for the reinstatement of a license after any suspension, revocation, cancellation or voluntary surrender of the license. The tests and requirements:

    (a) Must provide for a fair evaluation of a person’s ability to operate a motor vehicle; and

    (b) May allow for the waiver of certain tests or requirements as the department deems necessary.

    2.  Set forth the circumstances under which the administrator may, for good cause shown, rescind the revocation, suspension or cancellation of a license, or shorten the period for the suspension of a license.

    Sec. 16.  The amendatory provisions of section 10 of this act apply to pupils who have not been found, before July 1, 1999, to be in need of supervision because they are habitual truants.

    Sec. 17.  The amendatory provisions of section 14 of this act do not apply to children who are found in need of supervision because they are habitual truants, if all acts of truancy were committed before July 1, 1999.

    Sec. 18.  This act becomes effective on July 1, 1999.”.

    Amend the title of the bill to read as follows:

“AN ACT relating to education; revising provisions governing the programs of accountability of school districts; making various changes regarding truancy and the discipline of pupils who are habitual truants; expanding the circumstances under which probation officers may serve as juvenile court masters; revising the actions that a juvenile court must take against a pupil who is found to be a habitual truant; 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.

    Assembly Bill No. 37.

    Bill read second time.

    The following amendment was proposed by the Committee on Education:

    Amendment No. 488.

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

“state. If the state board adopts regulations to carry out these codified statutes or if additions or amendments are made to [the school law, he] these codified statutes, the superintendent shall have[them] the regulations, additions or”.

    Amend section 1, page 1, by deleting line 13 and inserting:

“regulations, additions or amendments in the school library.”.

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

    “3.  In addition to the requirements set forth in subsection 2, the superintendent shall, not later than July 1 of each year, provide to the board of trustees of each school district a memorandum that describes each statute newly enacted by the legislature which affects the public schools in this state and the pupils who are enrolled in the public schools in this state. The memorandum may compile all the statutes into one document. If a statute requires the state board to take action to carry out the statute, the memorandum must include a brief plan for carrying out the statute by the state board. In addition, the memorandum must include the date on which the statute becomes effective and the date by which it must be carried into effect by a school district or public school.

    4.  Not later than 60 days after receipt of such a memorandum from the superintendent, the board of trustees of a school district shall determine which statutes directly affect pupils, parents, teachers, administrators or other educational personnel and require a plan for implementation. If the board of trustees determines that a statute requires a plan for implementation, the board of trustees shall prepare a brief plan, which must ensure that the school district and the public schools within the school district will comply with the statute on the date on which the statute becomes effective and thereafter. The board of trustees shall provide written notice of the information contained in the memorandum provided pursuant to subsection 3 that directly affects pupils, parents, teachers, administrators or other educational personnel and a brief plan for implementation of the statutes, if any, to the parents and legal guardians of pupils who are enrolled in public schools within the school district and all teachers, administrators and other educational personnel who are employed by the board of trustees. The written notice to the parents and legal guardians may be:

    (a) Included in other notices that the board of trustees provides to parents and legal guardians.

    (b) Provided in a language other than English if the board of trustees determines that it is necessary for the parent or legal guardian to understand the notice.”.

    Amend section 1, page 2, line 23, by deleting “4.” and inserting “5.”.

    Amend sec. 2, page 2, by deleting lines 27 through 33 and inserting:

“that all teachers, administrators and other educational personnel who are employed by the board of trustees receive information concerning the statutes that directly affect the duties and responsibilities of the teachers, administrators and other educational personnel in accordance with the provisions of subsection 4 of NRS 385.210.”.

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

“subsections 3 and 4”.

    Amend sec. 4, page 3, line 6, by deleting “July” and inserting “August”.

    Amend the title of the bill, fourth line, after “information” by inserting “concerning statutes”.

    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. 43.

    Bill read second time.

    The following amendment was proposed by the Committee on Education:

    Amendment No. 416.

    Amend sec. 3, page 3, by deleting lines 20 through 33 and inserting:

    “2.  An admonition issued to a licensed employee who,within the time granted for improvement, has metthe standards set for him by the administrator who issued the admonitionmust be removed immediately from the records of the employee together withall notations and indications of its having been issued. [The admonition must be removed from the records of the employee not later than 3 years after it is issued.

    2.  An administrator need not admonish an employee pursuant to paragraph (a) of subsection 1 if his employment]”.

    Amend sec. 3, page 4, line 6, by deleting “feasible,” and inserting:

“feasible and the employee does not object,”.

    Amend sec. 4, page 4, by deleting lines 10 through 42 and inserting:

“the opinion that the immediate suspension of the employee is necessary [in the best interests of] to protect the pupils in the school district[,] or the employees of the school district from harm, the superintendent may suspend the employee without prior notice and withouta hearing. The superintendent shall notify the employee in writing of the suspension. The notice must set forth the factual basis for the superintendent’s determination that the immediate suspension of the employee is necessary to protect the pupils or employees from harm. If the dismissal of the employee is upheld but the hearing officer determines that sufficient grounds for the immediate suspension of the employee did not exist at the time of the suspension, the employee is entitled to back pay and benefits, plus interest, for the period during which he would have been employed if the superintendent had not caused his immediate suspension. 

    2.  Notwithstanding the provisions of NRS 391.312, a superintendent may suspend a licensed employee who has been officially charged but not yet convicted of a felony or a crime involving moral turpitude or immorality. If the charge is dismissed or if the employee is found not guilty, he must be reinstated with back pay, plus interest, and normal seniority. The superintendent shall notify the employee in writing of the suspension.

    [2.] 3.  Within 5 days after a suspension becomes effective, the superintendent shall begin proceedings pursuant to the provisions of NRS 391.312 to [391.3196,] 391.3197, inclusive, to effect the employee’s dismissal. Theemployee is entitled to continue to receive his salary and other benefits after the suspension becomes effective until the date on which the dismissal proceedings are commenced.The superintendent may recommend that an employee who has been charged with a felony or a crime involving immorality be dismissed for another ground set forth in NRS 391.312.

    [3.] 4.  If sufficient grounds for dismissal do not exist, the employee must be reinstated [with] :

    (a) With full compensation, plus interest [.

    4.] ;

    (b) To the position he held before his suspension; and

    (c) If feasible and the employee does not object, to the school in which he held that position.

    5.  A licensed employee who furnishes to the school district a bond or other security which is acceptable to the board as a guarantee that he will repay any amounts paid to him pursuant to this subsection as salary during a period of suspension is entitled to continue to receive his salary from the date on which the dismissal proceedings are commenced until the decision of the board or the report of the hearing officer, if the report is final and binding. The board shall not unreasonably refuse to accept security other than a bond. An employee who receives salary pursuant to this subsection shall repay it if he is dismissed or not reemployed as a result of a decision of the board or a report of a hearing officer.

    [5.] 6.”.

    Amend sec. 4, page 5, line 1, by deleting “4.”.

    Amend sec. 4, page 5, line 6, by deleting “5.” and inserting “7.”.

    Amend sec. 4, page 5, line 10, by deleting “6.” and inserting “8.”.

    Amend sec. 4, page 5, line 16, by deleting “7.” and inserting “9.”.

    Amend sec. 4, page 5, line 25, by deleting “8.” and inserting “10.”.

    Amend the title of the bill by deleting the fifth through ninth lines and inserting:

“admonishment of licensed educational personnel; revising the provisions governing the immediate suspension of licensed educational personnel under certain circumstances; providing that certain employees who have been suspended, dismissed or not reemployed are entitled to compensation and reinstatement; 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.

    Assembly Bill No. 47.

    Bill read second time.

    The following amendment was proposed by the Committee on Education:

    Amendment No. 489.

    Amend the bill as a whole by deleting sections 1 through 20 and adding new sections designated sections 1 through 3, following the enacting clause, to read as follows:

    “Section 1.  1.  The Department of Education shall, in cooperation with the Board of Regents, adopt a plan for the establishment of a program for the professional development of teachers.

    2.  The plan adopted by the Department of Education must provide for the establishment of a program for the professional development of teachers that is designed to:

    (a) Encourage licensed teachers to teach in areas of this state in which a shortage of teachers exists.

    (b) Encourage licensed teachers to obtain an endorsement in a field of specialization where a shortage of teachers exists.

    (c) Offer an equitable opportunity for all teachers to participate in the program.

    (d) Recruit teachers for participation in the program. The recruitment must include, without limitation, publication of the information regarding the program to:

        (1) Students who are enrolled in institutions of higher education;

        (2) Organizations that represent licensed educational personnel; and

        (3) The licensed educational personnel in the public schools in this state.

    3.  The Department of Education shall work in cooperation with the boards of trustees of the school districts to designate areas in this state where a shortage of teachers exists and identify fields of specialization where a shortage of teachers exists.

    4.  The Department of Education may apply for federal grants of money available for the development of the program, if any.

    5.  On or before February 5, 2001, the Department of Education shall submit the plan adopted pursuant to this section to the Director of the Legislative Counsel Bureau for transmittal to the 71st session of the Nevada Legislature.

    Sec. 2.  1.  The Board of Regents shall, in cooperation with the Department of Education, adopt a plan for the establishment of a program for the recruitment of teachers.

    2.  The plan adopted by the Board of Regents must provide for the establishment of a program for the recruitment of teachers that is designed to recruit pupils enrolled in the high schools in this state and students enrolled in a community college or university of the University and Community College System of Nevada for participation in the program. The recruitment must include, without limitation:

    (a) Publication of the information regarding the program to organizations that include students who wish to become teachers.

    (b) Methods to encourage pupils who are enrolled in high schools to enter the field of teaching, including, without limitation, pupils with disabilities and pupils who are of diverse racial, ethnic and cultural backgrounds. The Board of Regents shall work in cooperation with the boards of trustees of the school districts to determine the most effective methods to identify such pupils.

    3.  The Board of Regents may apply for federal grants of money available for the development of the program, if any.

    4.  On or before February 5, 2001, the Board of Regents shall submit the plan adopted pursuant to this section to the Director of the Legislative Counsel Bureau for transmittal to the 71st session of the Nevada Legislature.

    Sec. 3.  This act becomes effective on July 1, 1999.”.

    Amend the title of the bill to read as follows:

“AN ACT relating to education; requiring the Department of Education to adopt a plan for the establishment of a program for the professional development of teachers; requiring the Board of Regents of the University of Nevada to adopt a plan for the establishment of a program for the recruitment of teachers; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

“SUMMARY—Provides for establishment of plans for professional development and recruitment of teachers. (BDR S‑325)”.

    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. 306.

    Bill read second time.

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

    Amendment No. 551.

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

“a new section to read as follows:

    1.  In a county whose population is 100,000 or more, an agency may exercise the power of eminent domain to acquire property for a redevelopment project only if:

    (a) The property sought to be acquired is necessary to carry out the redevelopment plan;

    (b) The agency has adopted a resolution of necessity that complies with the requirements set forth in subsection 2; and

    (c) The agency has made every reasonable effort to negotiate the purchase of the property.

    2.  A resolution of necessity required pursuant to paragraph (b) of subsection 1 must set forth:

    (a) A statement that the property will be acquired for purposes of redevelopment as authorized pursuant to subsection 17 of NRS 37.010 and subsection 2 of NRS 279.470;

    (b) A reasonably detailed description of the property to be acquired;

    (c) A finding by the agency that the public interest and necessity require the acquisition of the property;

    (d) A finding by the agency that acquisition of the property will be the option for redevelopment that is most compatible with the greatest public good and the least private injury; and

    (e) A finding by the agency that acquisition of the property is necessary for purposes of redevelopment.

    3.  After an agency adopts a resolution of necessity, the resolution so adopted and the findings set forth in the resolution are final and conclusive and are not subject to judicial review unless credible evidence is adduced to suggest that the resolution or the findings set forth therein were procured through bribery or fraud.”.

    Amend the bill as a whole by deleting sections 2 and 3 and renumbering sections 4 and 5 as sections 2 and 3.

    Amend sec. 4, page 2, line 16, by deleting:

“sections 2 and 3” and inserting “section 1”.

    Amend sec. 5, page 2, lines 26 and 27, by deleting:

“and are a menace to the public health, safety or welfare”.

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

    “Sec. 4.  NRS 279.438 is hereby amended to read as follows:

    279.438  A redevelopment plan adopted before July 1, 1987, and any amendments to the plan must terminate at the end of the fiscal year in which the principal and interest of the last maturing of the securities issued before that date are fully paid or [at the time provided in NRS 279.439,] 45 years after the date on which the original redevelopment plan was adopted, whichever is later.

    Sec. 5.  NRS 279.468 is hereby amended to read as follows:

    279.468  An agency may:

    1.  From time to time prepare plans for the improvement, rehabilitation and redevelopment of blighted areas.

    2.  Disseminate redevelopment information.

    3.  Accept financial or other assistance from any public or private source, for the agency’s activities, powers and duties, and expend any funds so received for any of the purposes of NRS 279.382 to 279.685, inclusive.

    4.  For each neighborhood within the redevelopment area, create a residential plan for the neighborhood or appoint an advisory council for redevelopment and delegate the authority to create the residential plan to the advisory council. A residential plan created by an advisory council must be approved by the agency, and each residential plan created pursuant to this subsection must include a financing plan.

    5.  Include in its budget all money received from any source, including, without limitation, money received from a local government for use by an advisory council in carrying out a residential plan approved by the agency.”.

    Amend sec. 8, page 4, line 22, by deleting “section 2”and inserting“section 1”.

    Amend the bill as a whole by deleting sec. 9 and renumbering sections 10 through 15 as sections 7 through 12.

    Amend sec. 12, page 6, line 5, after “participation” by inserting “and assistance”.

    Amend sec. 12, page 6, line 6, by deleting:

“. [if] If ” and inserting “if ”.

    Amend sec. 12, page 6, by deleting lines 8 through 10 and inserting:

“legislative body for the area.”.

    Amend sec. 14, page 6, by deleting lines 28 through 35 and inserting:

    “279.685  1.  Except as otherwise provided in [subsection 2 or 3,] this section, an agency of a city whose population is 200,000 or more that receives revenue from taxes pursuant to paragraph (b) of subsection 1 of NRS 279.676 shall set aside not less than 15 percent of that revenue received on or before October 1, 1999, and 18 percent of that revenue received after October 1, 1999, to”.

    Amend sec. 14, page 7, by deleting lines 6 through 11 and inserting:

    “3.  The obligation of an agency to set aside an additional 3 percent of the revenue from taxes allocated to and received by the agency pursuant to paragraph (b) of subsection 1 of NRS 279.676 is subordinate to any existing obligations of the agency. As used in this subsection, “existing obligations””.

    Amend sec. 14, page 7, line 14, by deleting “July” and inserting “October”.

    Amend sec. 14, page 7, line 16, by deleting “July” and inserting “October”.

    Amend sec. 15, page 7, line 32, after “thereto.” by inserting:

“Nothing in this section prohibits the payment of relocation benefits to a renter or lessee of real property whose tenancy is from month to month.”.

    Amend the bill as a whole by deleting sections 16 and 17.

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

“AN ACT relating to community redevelopment; restricting the power of eminent domain of a redevelopment agency in certain counties; revising the definition of a blighted area; authorizing the creation of advisory councils for redevelopment within redevelopment areas; authorizing the funding of such councils; revising the provisions governing the setting aside”.

    Assemblyman Bache moved the adoption of the amendment.

    Remarks by Assemblyman Bache.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 313.

    Bill read second time.

    The following amendment was proposed by the Committee on Education:

    Amendment No. 596.

    Amend the bill as a whole by deleting sec. 2 and inserting:

    “Sec. 2.  (Deleted by amendment.)”.

    Amend sec. 6, page 5, line 29, by deleting “Automobile” and inserting:

“If the high school has at least 200 pupils enrolled in the school, automobile”.

    Amend sec. 8, page 6, line 36, after “[may]” by inserting:

“that includes at least one high school which has at least 200 pupils enrolled in the school”.

    Amend sec.10, page 8, by deleting lines 7 through 34 and inserting:

    “1.  A school district may include in a written contract or notice of reemployment of a special education teacher a provision that the teacher will be granted two class periods per day, or the equivalent, to prepare for the instruction of pupils and develop individualized education programs. If two such class periods are provided, one”.

    Amend sec. 10, page 8, line 40, by deleting “required” and inserting “authorized”.

    Amend sec. 10, page 8, line 41, by deleting “must” and inserting “may”.

    Amend sec. 10, page 8, line 42, by deleting “4.” and inserting “2.”.

    Amend the title of the bill to read as follows:

“AN ACT relating to education; clarifying the provisions governing the discipline of pupils with disabilities; prohibiting the placement of a child in a program for pupils with disabilities solely because the child has a disciplinary problem or social maladjustment; requiring schools to provide certain courses of study; authorizing employment contracts of special education teachers to include certain provisions; 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.

    Assembly Bill No. 471.

    Bill read second time.

    The following amendment was proposed by the Committee on Taxation:

    Amendment No. 619.

    Amend section 1, pages 1 and 2, by deleting lines 13 through 16 on page 1 and lines 1 and 2 on page 2, and inserting:

    “3.  The board of county commissioners of Washoe County shall reduce the rate of the special privilege tax imposed pursuant to section 30 of this act to the amounts shown for each $1 of valuation for the respective fiscal years:

2001-2002            0.8 cents

2002-2003            0.6 cents

2003-2004            0.4 cents

2004-2005            0.2 cents

The board of county commissioners of Washoe County shall not impose or levy that special privilege tax for any fiscal year after June 30, 2005.”.

    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. 484.

    Bill read second time.

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

    Amendment No. 559.

    Amend sec. 18, page 3, line 21, by deleting “1.”.

    Amend sec. 18, page 3, line 24, by deleting “(a)” and inserting “1.”.

    Amend sec. 18, page 3, line 26, by deleting “(b)” and inserting “2.”.

    Amend sec. 18, page 3, by deleting lines 29 through 34.

    Amend sec. 19, page 3, line 35, by deleting “For” and inserting:

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

    Amend sec. 19, page 4, between lines 25 and 26, by inserting:

    “4.  An authority may not finance mortgages on owner-occupied, single‑family residences with bonds or other obligations that require an allocation of the volume caps on the issuance of private activity bonds pursuant to chapter 348A of NRS.”.

    Amend sec. 24, page 5, by deleting lines 21 through 24.

    Amend sec. 24, page 5, line 25, by deleting “3.” and inserting “2.”.

    Amend sec. 24, page 5, line 26, by deleting:

“to 26, inclusive,” and inserting “and 25”.

    Amend sec. 25, page 5, by deleting lines 32 through 37 and inserting:

“the proceeds of the bonds.

    2.  A note in anticipation may be issued for not more than 5 years, and except as otherwise provided in this subsection, may be renewed for not more than 1 year, but each note must be paid not later than 5 years after the note was originally issued. A note may not be renewed if such renewal would extend the time for payment of the note beyond 5 years after the note was originally issued.”.

    Amend sec. 25, page 6, line 5, by deleting the period and inserting:

“if:

    (a) The bonds issued by an authority on behalf of others are special, limited obligations of the authority and the principal of and interest on such bonds are payable, subject to the security provisions herein, solely out of the revenues derived from the financing, leasing or sale of the development to be financed by the bonds;

    (b) The bonds and any interest thereon will never constitute the debt or indebtedness of the authority within the meaning of any provision or limitation of the constitution or statutes of the State of Nevada, and will not constitute or give rise to a pecuniary liability of the authority or a charge against its general credit; and

    (c) The limitations contained in paragraph (b) stated plainly on the face of each such bond.”.

    Amend sec. 26, page 6, by deleting sec. 26 and inserting:

    “Sec. 26.  (Deleted by amendment.)”.

    Amend sec. 27, page 6, by deleting lines 19 through 21 and inserting:

    “Sec. 27.  A guaranty or other instrument may not be given that provides for”.

    Amend sec. 27, page 6, by deleting lines 24 through 32 and inserting:

“resolution finding that:

    1.  Giving the guaranty or instrument will result in lower financing costs to the authority; and

    2.  The value of all property which is pledged or mortgaged does not, at the time the pledge or mortgage is given or entered into, exceed an amount equal to 1 1/2 times the value of the property being acquired.

The finding and determination of values by the commissioners are conclusive in the absence of fraud or gross abuse of discretion.”.

    Amend the bill as a whole by adding a new section designated sec. 29.5, following sec. 29, to read as follows:

    “Sec. 29.5.  NRS 315.180 is hereby amended to read as follows:

    315.180  “Bonds” means any bonds, notes, interim certificates, certificates of participation, debentures or other obligations issued by an authority pursuant to NRS 315.140 to 315.780, inclusive[.] , and sections 2 to 27, inclusive, of this act.”.

    Amend sec. 34, page 9, by deleting lines 30 through 32 and inserting “appropriate.”.

    Amend sec. 35, page 9, line 36, by deleting “26,” and inserting “25,”.

    Amend sec. 41, page 14, line 6, by deleting:

“to 26, inclusive,” and inserting “and 25”.

    Amend sec. 42, page 14, by deleting lines 12 through 25 and inserting:

    “315.610  1.  An authority may issue such types of bonds as it may determine, including (without limiting the generality of the foregoing) bonds on which the principal and interest are payable [:

    (a) Exclusively from the income and] with any one or both of the following:

    (a) Income or revenues of the [housing project] authority or loan repayments of the development whether or not financed with the proceeds of such bonds[.

    (b) Exclusively from the income and revenues of certain designated housing projects whether or not they are financed in whole or in part with the proceeds of such bonds.

    (c) From its] , or with a grant from the Federal Government, or this state, or any public agency thereof, in aid of such development or to carry out any purpose authorized by NRS 315.140 to 315.780, inclusive, and sections 2 to 27, inclusive, of this act.

    (b) Its revenues generally.

    2.  Any of the bonds may be additionally secured by a pledge of any grant or contributions from the Federal Government or other source, or a pledge of any income or revenues of the authority, or a mortgage of any housing project, projects or other property of the authority.

    3.  Bonds may be issued in one or more series and, subject to the provisions of subsection 4, must:”.

    Amend sec. 42, page 14, by deleting lines 38 and 39 and inserting:

    “4.  The bonds may designate an agent and procedure for establishing the interest rate. If the bonds designate such an agent and procedure, the interest rate on such bonds must be the interest rate established by the agent. If the bonds do not designate an agent and procedure, the interest on such bonds must not exceed by more than 3 percent the Index of Revenue Bonds that was most recently published before the bids are received or a negotiated offer is accepted.

    5.  The resolution may provide for the issuance of zero-coupon bonds or bonds subject to federal taxation of interest.

    6.  The authority may issue bonds or other obligations to which the volume caps on the issuance of private activity bonds is allocated pursuant to chapter 348A of NRS only if the issuance of the bonds or other obligations is approved by the state board of finance before the issuance of such bonds or other obligations.”.

    Amend sec. 43, page 15, line 4, by deleting the comma and inserting:

“or other obligations,”.

    Amend sec. 44, page 15, by deleting lines 14 through 16 and inserting:

    “315.640  1.  The bonds or other obligations may be sold [at public or private sale.] as follows:

    (a) If the bonds or other obligations have received on the date of issuance a rating within one of the top four rating categories of Moody’s Investors Service, Inc., or Standard and Poor’s Ratings Services, the bonds or other obligations may be offered publicly, through a public sale after such prior notice as the resolution may provide, or at private sale by negotiation without prior notice.

    (b) If the bonds or other obligations have not received on the date of issuance a rating within one of the top four rating categories of Moody’s Investors Service, Inc., or Standard and Poor’s Rating Services, the bonds or other obligations must not be sold to more than 10 investors and each of those investors must certify that he:

        (1) Has a net worth of $500,000 or more; and

        (2) Is purchasing the bonds or other obligations for investment and not for resale.”.

    Amend sec. 44, page 15, between lines 20 and 21, by inserting:

    “4.  The commissioners may, before any sale of bonds, whether by competitive bid or negotiated sale, authorize the chief administrative officer or chief financial officer of the authority to sign a contract of the purchase of the bonds or to accept a binding bid for the bonds subject to the requirements specified by the commissioners concerning:

    (a) The rate of interest and the dates for the payment of interest on the bonds;

    (b) The dates on which and the prices at which the bonds may be called for redemption before maturity;

    (c) The price at which the bonds will be sold; and

    (d) The principal amount of the bonds, the amount of principal maturing in any particular year and the dates for the payment of principal on the bonds.

    5.  All terms of the bonds other than:

    (a) The rate of interest and the dates for the payment of interest on the bonds;

    (b) The dates and prices for the redemption of the bonds;

    (c) The price for the sale of the bonds; and

    (d) The principal amount of the bonds, the amount of principal maturing in any year and the dates for the payment of principal on the bonds,

must be approved by the commissioners of the authority before the bonds are delivered.

    6.  The final rate of interest, dates for the payment of interest, dates and prices of redemption, price for the sale of bonds, principal amount, dates for the payment of principal and requirements for the principal amount maturing in particular years are not required to be approved by the commissioners of the authority if each of those terms complies with the requirements specified by the commissioners before the contract for the purchase of the bonds is signed or the bid for the bonds is accepted.”.

    Amend sec. 46, page 15, lines 38 and 39, by deleting:

“to 26, inclusive,” and inserting “and 25”.

    Amend sec. 49, page 16, line 31, by deleting “trustees,” and inserting “obligees,”.

    Amend sec. 49, page 16, by deleting lines 34 and 35 and inserting:

    “2.  Vest in an obligee or obligees [holding a specified amount in bonds] the right, in the event of a default by the authority, to”.

    Amend sec. 49, page 16, by deleting lines 40 and 41 and inserting:

“authority with [such] the obligees.

    3.  Provide for the powers and duties of [such] the obligees and”.

    Amend sec. 49, page 17, by deleting lines 1 and 2 and inserting:

    “4.  Provide the terms and conditions upon which [such] the obligees or the holders of a specified proportion of its bonds may enforce”.

    Amend sec. 52, page 18, by deleting line 21 and inserting:

“315.450, 315.460 and 315.470 and section 16 of this act in connection”.

    Amend sec. 52, page 18, line 24, by deleting “26,” and inserting “25,”.

    Amend sec. 54, page 18, line 41, by deleting “315.460,”.

    Amend the leadlines of repealed sections by deleting the leadline of NRS 315.460.

    Assemblyman Bache moved the adoption of the amendment.

    Remarks by Assemblyman Bache.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 493.

    Bill read second time.

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

    Amendment No. 550.

    Amend section 1, page 1, line 2, by deleting “11,” and inserting “12,”.

    Amend sec. 2, page 1, line 3, by deleting:

“2, 4, 5 and 7 to 11,” and inserting:

“2 and 4 to 12,”.

    Amend sec. 3, page 2, line 9, before “plan” by inserting “policy”.

    Amend sec. 4, page 2, line 38, by deleting “the four” and inserting:

“at least the three”.

    Amend the bill as a whole by deleting sections 5 through 15 and adding new sections designated sections 5 through 16, following sec. 4, to read as follows:

    “Sec. 5.  1.  The regional planning coalition shall develop a comprehensive regional policy plan for the balanced economic, social, physical, environmental and fiscal development and orderly management of the growth of the region for a period of at least 20 years. The comprehensive regional policy plan must contain recommendations of policy to carry out each part of the plan.

    2.  In developing the plan, the coalition:

    (a) May consult with other entities that are interested or involved in regional planning within the county.

    (b) Shall ensure that the comprehensive regional policy plan includes goals, policies, maps and other documents relating to:

        (1) Conservation, including, without limitation, policies relating to the use and protection of natural resources.

        (2) Population, including, without limitation, a projection of population growth in the region.

        (3) Land use and development, including, without limitation, a map of land use plans that have been adopted by local governmental entities within the region.

        (4) Transportation.

        (5) Public facilities and services.

        (6) Air quality.

        (7) Strategies to promote and encourage:

            (I) The interspersion of new housing and businesses in established neighborhoods; and

            (II) Development in areas in which public services are available.

    3.  The regional planning coalition shall not adopt or amend the comprehensive regional policy plan unless the adoption or amendment is by resolution of the regional planning coalition:              (a) Carried by the affirmative votes of not less than two-thirds of its total membership; and (b) Ratified by the board of county commissioners of the county and the city council of each city that jointly established the regional planning coalition pursuant to section 4 of this act.

    Sec. 6.  1.  The regional planning coalition shall study and develop methods to provide incentives for the interspersion of new housing and businesses in established neighborhoods, including, without limitation, the:

    (a) Creation of an expedited process for granting necessary permits for a development that features such interspersion; and

    (b) Imposition of a fee for the extension of infrastructure to encourage such interspersion.

    2.  As used in this section, “infrastructure” means publicly owned or publicly supported facilities that are necessary or desirable to support intense habitation within a region, including, without limitation, parks, roads, schools, community centers, sanitary sewers, facilities for mass transit and facilities for the conveyance of water and the treatment of wastewater.

    Sec. 7.  1.  The regional planning coalition may:

    (a) Coordinate sources of information;

    (b) Recommend measures to increase the efficiency of governmental entities and services;

    (c) Make recommendations regarding the disposal of federal land;

    (d) Establish methods for resolving issues related to boundaries and other matters that arise between jurisdictions;

    (e) Review:

        (1) Master plans, facilities plans and other similar plans, and amendments thereto, adopted by a governing body, regional agency, state agency or public utility that is located in whole or in part within the region; and

        (2) The annual plan for capital improvements that is prepared by each local government in the region pursuant to NRS 278.0226;

    (f) Develop and recommend, to the extent practicable, standardized classifications for land use for the region;

    (g) Consider and take necessary action with respect to any issue that the regional planning coalition determines will have a significant impact on the region, including, without limitation, projects of regional significance;

    (h) Review, consider and make recommendations regarding applications submitted to agencies of the Federal Government and applications for federal assistance for federally-assisted programs or projects; and

    (i) Designate allowable future land uses for each part of the county, including, without limitation, the identification of each category of land use in which the construction and operation of a public school is permissible. The identification of a category of land use in which the construction and operation of a public school is permissible must be carried out in consultation with the county school district and include a determination of whether there is sufficient land in the proximity of a residential development to meet projected needs for public schools.

    2.  The regional planning coalition shall establish a definition for the term “project of regional significance.” In establishing the definition, the regional planning coalition shall consider:

    (a) Existing definitions of the term within the Nevada Revised Statutes; and

    (b) That a project may have regional significance for several reasons, including, without limitation, the potential impact that the project may have on historic, archaeological, cultural, scenic and natural resources, public facilities and public services within the region.

    Sec. 8.  Each governing body, regional agency, state agency or public utility that is located in whole or in part within the region shall, not more than once every 2 years, submit to the regional planning coalition for its review all master plans, facilities plans and other similar plans of the governing body, regional agency, state agency or public utility.

    Sec. 9.  Except as otherwise provided in this section, a governing body, regional agency, state agency or public utility that is located in whole or in part within the region shall not adopt a master plan, facilities plan or other similar plan, or an amendment thereto, after March 1, 2001, unless the regional planning coalition has been afforded an opportunity to make recommendations regarding the plan or amendment. A governing body, regional agency, state agency or public utility may adopt an amendment to a land use plan described in paragraph (f) of subsection 1 of NRS 278.160 without affording the regional planning coalition the opportunity to make recommendations regarding the amendment.

    Sec. 10.  The regional planning coalition shall, on or before July 1 of each year, prepare and adopt a budget for the immediately succeeding fiscal year and shall submit that budget to each of the local governments within the region as a recommendation for funding.

    Sec. 11.  The regional planning coalition may employ persons or contract for services necessary to carry out:

    1.  The provisions of sections 2 and 4 to 12, inclusive, of this act; and

    2.  Other responsibilities set forth in the cooperative agreement pursuant to which the regional planning coalition was established pursuant to section 4 of this act.

    Sec. 12.  1.  Not more than once every 2 years, the regional planning coalition shall review the master plans, facilities plans and other similar plans that it receives pursuant to section 8 of this act, and determine whether those plans are in substantial conformance with the comprehensive regional policy plan.

    2.  If the regional planning coalition determines that a plan reviewed pursuant to subsection 1 is not in substantial conformance with the comprehensive regional policy plan, the regional planning coalition shall return the plan to the submitting entity accompanied by recommendations regarding the manner in which the submitting entity may bring the plan into substantial conformance with the comprehensive regional policy plan.

    3.  Within 90 days after the date on which a submitting entity receives the plan and recommendations from the regional planning coalition pursuant to subsection 2, the submitting entity shall provide to the regional planning coalition a written response setting forth the:

    (a) Manner in which the submitting entity changed the plan to be in substantial conformance with the comprehensive regional policy plan; or

    (b) Reasons of the submitting entity for not bringing the plan into substantial conformance.

    4.  If the regional planning coalition determines that all the plans that a city or county is required to submit pursuant to section 8 of this act are in substantial conformance with the comprehensive regional policy plan, the regional planning coalition shall issue to the city or county a certificate or other indicia of that determination. Upon receipt of such a certificate or other indicia, the city or county, until the next time the regional planning coalition reviews the plans of the city or county pursuant to subsection 1, is entitled to establish its own policies and procedures with respect to regional planning, to the extent that those policies and procedures do not conflict with federal or state law.

    Sec. 13.  Each governing body, regional agency, state agency or public utility that is located in whole or in part within the region shall, on or before May 1, 2000, submit to the regional planning coalition for its review all existing master plans, facilities plans and other similar plans of the governing body, regional agency, state agency or public utility.

    Sec. 14.  The regional planning coalition:

    1.  Shall:

    (a) On or before March 1, 2001:

        (1) Adopt a comprehensive regional policy plan in accordance with section 5 of this act. Before approving the plan, the regional planning coalition shall hold public hearings on the proposed plan in the cities and unincorporated areas within the county.

        (2) In cooperation with local governmental entities within the county, develop guidelines to determine whether master plans, facilities plans and other similar plans established by those entities would conform with the comprehensive regional policy plan.

    (b) On or before July 1, 2001, establish a preliminary definition for the term “project of regional significance.” In establishing the definition, the regional planning commission shall consider the factors set forth in paragraphs (a) and (b) of subsection 2 of section 7 of this act.

    (c) On or before July 1, 2002, review the master plans, facilities plans and other similar plans that it receives pursuant to section 8 of this act, and determine whether those plans are in conformance with the comprehensive regional policy plan.

    2.  May, on or before February 1, 2001, submit three requests for proposed legislation to the legislature if the regional planning coalition determines that the proposed legislation is necessary to:

    (a) Ensure the adequacy and consistency of activities within the region that are related to regional planning; or

    (b) Enable local governmental entities within the region to carry out their authority to govern in a more efficient manner.

    Sec. 15.  The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

    Sec. 16.  This act becomes effective on January 1, 2000.”.

    Amend the title of the bill to read as follows:

“AN ACT relating to regional planning; providing for the establishment of a regional planning coalition in certain counties; setting forth the powers and duties of the regional planning coalition; requiring certain entities to submit certain plans to the regional planning coalition for review and recommendations; authorizing a city or county to establish its own policies and procedures with respect to regional planning in certain circumstances; and providing other matters properly relating thereto.”.

    Assemblyman Bache moved the adoption of the amendment.

    Remarks by Assemblyman Bache.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 506.

    Bill read second time.

    The following amendment was proposed by the Committee on Taxation:

    Amendment No. 620.

    Amend section 1, page 1, line 10, by deleting “45” and inserting “30”.

    Amend sec. 4, page 3, line 21, after “for” by inserting “one-half of”.

    Amend sec. 4, page 3, by deleting lines 22 and 23 and inserting:

“through June 30 of that year; and”.

    Amend sec. 4, page 3, by deleting lines 26 through 29 and inserting:

    “(c) On or before February 1] February 16 for the remaining one-half of the net proceeds extracted from January 1 through June 30 and for the net proceeds extracted from [October] July 1 through December 31 of the preceding year.”.

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

“before] February 1” and inserting:

“before February 1] February 16”.

    Amend sec. 4, page 4, line 14, by deleting “March” and inserting “[March] April”.

    Amend sec. 5, page 4, line 33, by deleting “February 20,” and inserting:

“[February 20,] March 5,”.

    Amend sec. 5, page 5, line 13, after “on” by inserting “or before”.

    Amend the title of the bill to read as follows:

“AN ACT relating to taxation; revising the schedule for payment and refunds of the tax on the net proceeds of minerals; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

“SUMMARY—Makes various changes regarding tax on net proceeds of minerals. (BDR 32‑953)”.

    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. 563.

    Bill read second time.

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

    Amendment No. 548.

    Amend section 1, page 1, line 2, by deleting “and 3” and inserting “to 5, inclusive,”.

    Amend the bill as a whole by deleting sections 2 through 4, renumbering sections 5 through 7 as sections 7 through 9 and adding new sections designated sections 2 through 6, following section 1, to read as follows:

    “Sec. 2.  “Infill development” means development that fills in an existing pattern of development on land that is:

    1.  Improved or unimproved; and

    2.  Surrounded completely by infrastructure and other development.

    Sec. 3.  “Infrastructure” means publicly owned or publicly supported facilities that are necessary or desirable to support intense habitation within a region, including, without limitation, parks, roads, schools, police stations, fire stations, community centers, sanitary sewers, facilities for mass transit and facilities for the conveyance of power, water and the treatment of wastewater.

    Sec. 4.  “Smart growth zone” means an area designated pursuant to section 5 of this act.

    Sec. 5.  1.  In a county whose population is 100,000 or more, the governing body of the county and each city in the county shall designate as a smart growth zone each area within its jurisdiction that is likely to benefit from infill development. The governing body shall review such zones periodically and adjust the zones as it deems necessary.

    2.  In a county whose population is less than 100,000, the governing body of the county and each city in the county may designate as a smart growth zone each area within its jurisdiction that is likely to benefit from infill development. The governing body may review and adjust such zones periodically as it deems necessary.

    Sec. 6.  NRS 278.010 is hereby amended to read as follows:

    278.010  As used in NRS 278.010 to 278.630, inclusive, and sections 2 to 5, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 278.0105 to 278.0195, inclusive, and sections 2, 3 and 4 of this act, have the meanings ascribed to them in those sections.”.

    Amend sec. 6, page 4, by deleting lines 1 through 4 and inserting:

        “(1) Must show each smart growth zone that has been designated pursuant to section 5 of this act;

        (2) Must identify policies that would assist in promoting infill development in such zones; and

        (3) May include a provision concerning the acquisition and use of”.

    Amend the bill as a whole by deleting sec. 8 and renumbering sec. 9 as sec. 10.

    Amend sec. 9, page 6, by deleting lines 19 through 23 and inserting:

“The state plan must include a provision that promotes infill development in smart growth zones designated pursuant to section 5 of this act.”.

    Amend the bill as a whole by adding new sections designated sections 11 through 13, following sec. 9, to read as follows:

    “Sec. 11.  NRS 319.160 is hereby amended to read as follows:

    319.160  1.  The division may provide advice, technical information, training and educational services, conduct research and promote the development of housing, building technology and related fields.

    2.  The division shall develop and carry out policies to promote infill development in smart growth zones designated pursuant to section 5 of this act.

    Sec. 12.  On or before January 1, 2001:

    1.  The governing body of a county whose population is 100,000 or more shall designate initial smart growth zones as required pursuant to subsection 1 of section 5 of this act.

    2.  The commission on economic development shall amend the state plan for industrial development and diversification to include a provision that promotes infill development in smart growth zones as required pursuant to NRS 231.067, as amended by section 10 of this act.

    3.  The housing division of the department of business and industry shall develop the policies to promote infill development in smart growth zones as required pursuant to subsection 2 of NRS 319.160, as amended by section 11 of this act.

    Sec. 13.  This act becomes effective upon passage and approval for the purposes of preparations relating to the designation of smart growth zones pursuant to subsection 1 of section 5 of this act, the amendment of the state plan for industrial development and diversification pursuant to section 10 of this act and the development of policies to promote infill development pursuant to section 11 of this act and on January 1, 2001, for all other purposes.”.

    Amend the title of the bill to read as follows:

    “AN ACT relating to land use planning; requiring certain governing bodies adopting any part of the master plan to adopt a land use plan; establishing provisions to promote infill development in smart growth zones; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

“SUMMARY—Establishes provisions to promote infill development in smart growth zones. (BDR 22‑1337)”.

    Assemblyman Bache moved the adoption of the amendment.

    Remarks by Assemblyman Bache.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 569.

    Bill read second time.

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

    Amendment No. 553.

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

    “Section 1.  NRS 278.260 is hereby amended to read as follows:

    278.260  1.  The governing body shall provide for the manner in which zoning regulations and restrictions and the boundaries of zoning districts are determined, established, enforced and amended.

    2.  A zoning regulation, restriction or boundary must not become effective until after a public hearing at which parties in interest and other persons have an opportunity to be heard. The governing body shall cause notice of the time and place of the hearing to be:

    (a) Published in an official newspaper, or a newspaper of general circulation, in the city, county or region; and

    (b) Mailed to each tenant of a mobile home park if that park is located within 300 feet of the property in question,

at least 10 days before the hearing.

    3.  If the proposed amendment involves a change in the boundary of a zoning district in a county whose population is less than 400,000, the governing body shall, to the extent this notice does not duplicate the notice required by subsection 2, cause a notice to be sent by mail at least 10 days before the hearing to:

    (a) The applicant;

    (b) Each owner, as listed on the county assessor’s records, of real property located within 300 feet of the portion of the boundary being changed;

    (c) Each owner, as listed on the county assessor’s records, of at least 30 parcels nearest to the portion of the boundary being changed, to the extent this notice does not duplicate the notice given pursuant to paragraph (b); and

    (d) Any advisory board which has been established for the affected area by the governing body.

The notice must be written in language which is easy to understand. It must set forth the time, place and purpose of the hearing and a physical description of, or a map detailing, the proposed change. If the proposed amendment involves a change in the boundary of the zoning district that would reduce the density or intensity with which a parcel of land may be used, the notice must include a section that an owner of property may complete and return to the governing body to indicate his approval of or opposition to the proposed amendment.

    4.  If the proposed amendment involves a change in the boundary of a zoning district in a county whose population is 400,000 or more, the governing body shall, to the extent this notice does not duplicate the notice required by subsection 2, cause a notice to be sent by mail at least 10 days before the hearing to:

    (a) The applicant;

    (b) Each owner, as listed on the county assessor’s records, of real property located within 500 feet from the portion of the boundary being changed;

    (c) Each owner, as listed on the county assessor’s records, of at least 30 parcels nearest to the portion of the boundary being changed, to the extent this notice does not duplicate the notice given pursuant to paragraph (b); and

    (d) Any advisory board which has been established for the affected area by the governing body.

The notice must be written in language which is easy to understand. It must set forth the time, place and purpose of the hearing and a physical description of, or a map detailing, the proposed change. If the proposed amendment involves a change in the boundary of the zoning district that would reduce the density or intensity with which a parcel of land may be used, the notice must include a section that an owner of property may complete and return to the governing body to indicate his approval of or opposition to the proposed amendment.

    5.  The exterior of the notice mailed pursuant to subsection 4 must bear a statement printed in at least 10-point bold type in substantially the following form:

OFFICIAL NOTICE OF PUBLIC HEARING

    6.  In addition to mailing the notice required pursuant to subsection 4, in a county whose population is 400,000 or more, the governing body shall, no later than 10 days before the hearing, erect or cause to be erected on the property, at least one sign not less than 2 feet high and 2 feet wide. The sign must be made of material reasonably calculated to withstand the elements for 40 days. The governing body must be consistent in its use of colors for the background and lettering of the sign. The sign must include the following information:

    (a) The existing zoning designation of the property in question;

    (b) The proposed zoning designation of the property in question;

    (c) The date, time and place of the public hearing;

    (d) A telephone number which may be used by interested persons to obtain additional information; and

    (e) A statement which indicates whether the proposed zoning designation of the property in question complies with the requirements of the master plan of the city or county in which the property is located.

    7.  A sign required pursuant to subsection 6 is for informational purposes only, and must be erected regardless of any local ordinance regarding the size, placement or composition of signs to the contrary.

    8.  A governing body may charge an additional fee for each application to amend an existing zoning regulation, restriction or boundary to cover the actual costs resulting from the mailed notice required by this section and the erection of not more than one of the signs required by subsection 6, if any. The additional fee is not subject to the limitation imposed by NRS 354.5989.

    9.  The governing body shall remove or cause to be removed any sign required by subsection 6 within 5 days after the final hearing for the application for which the sign was erected. There must be no additional charge to the applicant for such removal.

    10.  If a proposed amendment involves a change in the boundary of a zoning district that would reduce the density or intensity with which a parcel of land may be used and at least 20 percent of the property owners to whom notices were sent pursuant to subsections 3 and 4 indicate in their responses opposition to the proposed amendment, the governing body shall not approve the proposed amendment unless the governing body:

    (a) Considers separately the merits of each aspect of the proposed amendment to which the owners expressed opposition; and

    (b) Makes a written finding that the public interest and necessity will be promoted by the approval of the proposed amendment.

    11.  The governing body of the county shall not approve a zoning regulation, restriction or boundary, or amendment thereof, that affects any unincorporated area of the county that is surrounded completely by the territory of an incorporated city without the approval of the governing body of the city.”.

    Amend the title of the bill to read as follows:

“AN ACT relating to zoning; revising the type of notice that a governing body must provide for certain proposed amendments to the boundary of a zoning district; revising the requirements for the approval of an amendment of the boundary of a zoning district in certain circumstances; requiring the approval by the governing body of a city of zoning regulations, restrictions or boundaries or amendments thereof in certain unincorporated areas; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

“SUMMARY—Makes various changes relating to zoning regulations, restrictions or boundaries in certain circumstances. (BDR 22‑151)”.

    Assemblyman Bache moved the adoption of the amendment.

    Remarks by Assemblyman Bache.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 604.

    Bill read second time.

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

    Amendment No. 556.

    Amend sec. 6, page 1, line 16, after the semicolon by inserting “and”.

    Amend sec. 6, page 1, line 17, by deleting “; and” and inserting an italicized period.

    Amend sec. 6, page 2, by deleting lines 1 and 2.

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

“whose population is less than 100,000”.

    Amend sec. 7, page 2, line 5, by deleting “50” and inserting “66 2/3”.

    Amend sec. 7, page 2, line 13, by deleting “and”.

    Amend sec. 7, page 2, by deleting line 14 and inserting:

    “(d) A detailed map of that area;

    (e) A description of any proposed contract for the maintenance of roads in the district; and

    (f) The estimated annual cost to perform the proposed contracts to maintain roads in the district.”.

    Amend sec. 7, page 2, line 25, by deleting “10” and inserting “51”.

    Amend sec. 7, page 2, between lines 27 and 28, by inserting:

    “5.  A resolution adopted pursuant to subsection 4 must include a procedure to allow a person who owns real property within the district to apply for a hardship determination that would exempt him from paying the fees assessed pursuant to this chapter. The procedure must include, without limitation:

    (a) A method for allowing a person who owns real property within the district to submit to the board a written application for a hardship determination at least 90 days before the due date of an assessment;

    (b) A method for determining whether such a person qualifies for a hardship exemption;

    (c) A requirement for the periodic renewal of the hardship determination;

    (d) A requirement that the board make a decision on the application within 30 days after the filing of the application;

    (e) A requirement that the board notify the board of county commissioners in writing of the denial of an application and the reason for denying the application; and

    (f) A procedure for appealing the denial of an application by the board to the board of county commissioners.”.

    Amend sec. 10, page 3, line 32, by deleting “and”.

    Amend sec. 10, page 3, by deleting line 33 and inserting:

    “(b) Adopt bylaws prescribing its management and government; and

    (c) Comply with the provisions of chapter 241 of NRS.”.

    Amend sec. 12, page 4, line 17, by deleting “and”.

    Amend sec. 12, page 4, by deleting line 21 and inserting:

“to paragraph (b); and

    (d) Submit a written report to the board of county commissioners:

        (1) Specifying the total cost for performing contracts for the maintenance of roads in the district for the preceding year; and

        (2) Addressing whether the goals and objectives of the district relating to the maintenance of such roads have been accomplished.”.

    Amend sec. 13, page 4, by deleting lines 29 through 32 and inserting:

    “Sec. 13.  1.  The board of county commissioners shall establish, with the county treasurer, a special account in the general fund of the county for money collected pursuant to section 12 of this act. The account is a separate and continuing account and no money in the account reverts to the general fund of the county at any time. Any money collected by the board of county commissioners pursuant to section 12 of this act must be deposited in the account. The interest and income earned on the money in the account, after deducting any applicable charges, must be credited to the account.”.

    Amend sec. 14, page 5, by deleting lines 1 through 3 and inserting:

    “Sec. 14.  1.  A district may be dissolved:

    (a) If 51 percent or more of the owners of real property within the district file a petition with the board of county commissioners requesting the dissolution of the district; or

    (b) If the board of county commissioners adopts a resolution on its own motion dissolving the district.

If a”.

    Assemblyman Bache moved the adoption of the amendment.

    Remarks by Assemblymen Bache and Hettrick.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 667.

    Bill read second time.

    The following amendment was proposed by the Committee on Taxation:

    Amendment No. 396.

    Amend the bill as a whole by deleting sections 1 through 18 and adding new sections designated sections 1 through 19, following the enacting clause, to read as follows:

    “Section 1.  1.  Cigarette smoking presents serious public health concerns to the state and to the citizens of the state. The Surgeon General has determined that smoking causes lung cancer, heart disease and other serious diseases, and that there are hundreds of thousands of tobacco-related deaths in the United States each year. These diseases most often do not appear until many years after the person in question begins smoking.

    2.  Cigarette smoking also presents serious financial concerns for the state. Under certain health-care programs, the state may have a legal obligation to provide medical assistance to eligible persons for health conditions associated with cigarette smoking, and those persons may have a legal entitlement to receive such medical assistance.

    3.  Under these programs, the state pays millions of dollars each year to provide medical assistance for these persons for health conditions associated with cigarette smoking.

    4.  It is the policy of the state that financial burdens imposed on the state by cigarette smoking be borne by tobacco product manufacturers rather than by the state to the extent that such manufacturers either determine to enter into a settlement with the state or are found culpable by the courts.

    5.  On November 23, 1998, leading United States tobacco product manufacturers entered into a settlement agreement, entitled the “Master Settlement Agreement,” with the state. The Master Settlement Agreement obligates these manufacturers, in return for a release of past, present and certain future claims against them as described therein, to pay substantial sums to the state (tied in part to their volume of sales); to fund a national foundation devoted to the interests of public health; and to make substantial changes in their advertising and marketing practices and corporate culture, with the intention of reducing underage smoking.

    6.  It would be contrary to the policy of the state if tobacco product manufacturers who determine not to enter into such a settlement could use a resulting cost advantage to derive large, short-term profits in the years before liability may arise without ensuring that the state will have an eventual source of recovery from them if they are proven to have acted culpably. It is thus in the interest of the state to require that such manufacturers establish a reserve fund to guarantee a source of compensation and to prevent such manufacturers from deriving large, short-term profits and then becoming judgment-proof before liability may arise.

    Sec. 2.  Title 32 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 3 to 18, inclusive, of this act.

    Sec. 3.  As used in sections 3 to 18, inclusive, of this act, the words and terms defined in sections 4 to 14, inclusive, of this act have the meanings ascribed to them in those sections.

    Sec. 4.  “Adjusted for inflation” means increased in accordance with the formula for inflation adjustment set forth in Exhibit C to the Master Settlement Agreement.

    Sec. 5.  “Affiliate” means a person who directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with, another person. Solely for the purposes of this definition, the terms “owns,” “is owned” and “ownership” mean ownership of an equity interest, or the equivalent thereof, of ten percent or more, and the term “person” means an individual, partnership, committee, association, corporation or any other organization or group of persons.

    Sec. 6.  “Allocable share” has the meaning ascribed to it in section II(f) of the Master Settlement Agreement.

    Sec. 7.  “Cigarette” means any product that contains nicotine, is intended to be burned or heated under ordinary conditions of use, and consists of or contains:

    1.  Any roll of tobacco wrapped in paper or in any other substance not containing tobacco;

    2.  Tobacco, in any form, that is functional in the product, which because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to or purchased by consumers as a cigarette; or

    3.  Any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to or purchased by consumers as a cigarette described in subsection 1.

The term includes “roll-your-own” tobacco, that is, any tobacco which because of its appearance, type, packaging or labeling is suitable for use and likely to be offered to or purchased by consumers as tobacco for making cigarettes. For the purposes of this section, 0.09 ounces of “roll-your-own” tobacco constitutes one individual cigarette.

    Sec. 8.  “Manufacturer of tobacco products” means an entity that, after the effective date of this act, directly, and not exclusively through an affiliate:

    1.  Manufactures cigarettes anywhere that such manufacturer intends to be sold in the United States, including cigarettes intended to be sold in the United States through an importer (except where such importer is an original participating manufacturer, as that term is defined in the Master Settlement Agreement, that will be responsible for the payments under the Master Settlement Agreement with respect to such cigarettes as a result of the provisions of subsection II(mm) of the Master Settlement Agreement and that pays the taxes specified in subsection II(z) of the Master Settlement Agreement, and provided that the manufacturer of such cigarettes does not market or advertise such cigarettes in the United States);

    2.  Is the first purchaser anywhere for resale in the United States of cigarettes manufactured anywhere that the manufacturer does not intend to be sold in the United States; or

    3.  Becomes a successor of an entity described in subsection 1 or 2.

The term does not include an affiliate of a manufacturer of tobacco products unless the affiliate itself is an entity described in subsection 1, 2 or 3.

    Sec. 9.  “Master Settlement Agreement” means the settlement agreement, and related documents, entered into on November 23, 1998, by this state and leading United States manufacturers of tobacco products.

    Sec. 10.  “Participating manufacturer” has the meaning ascribed to it in section II(jj) of the Master Settlement Agreement.

    Sec. 11.  “Qualified escrow fund” means an escrow arrangement with a federally or state-chartered financial institution, that has no affiliation with any manufacturer of tobacco products and has assets of at least $1 billion where the arrangement requires the financial institution to hold the principal of the amount deposited in escrow for the benefit of releasing parties and prohibits the manufacturer of tobacco products which deposits the money from using, having access to or directing the use of the principal of the amount deposited except as permitted under section 17 of this act.

    Sec. 12.  “Released claims” has the meaning ascribed to it in section II(nn) of the Master Settlement Agreement.

    Sec. 13.  “Releasing parties” has the meaning ascribed to it in section II(pp) of the Master Settlement Agreement.

    Sec. 14.  “Units sold” means, with respect to a particular manufacturer of tobacco products for a particular year, the number of individual cigarettes sold in this state by the manufacturer directly or through a distributor, retailer or similar intermediary or intermediaries during that year, as measured by excise taxes collected by the state on packs, or containers of “roll-your-own” tobacco, bearing the excise stamp of this state.

    Sec. 15.  The department of taxation shall adopt such regulations as are necessary to ascertain the amount of excise tax collected by the state on the cigarettes of each manufacturer of tobacco products for each year.

    Sec. 16.  A manufacturer of tobacco products that sells cigarettes to consumers in this state, directly or through a distributor, retailer or similar intermediary or intermediaries, after the effective date of this act shall do one of the following:

    1.  Become a participating manufacturer and generally perform its financial obligations under the Master Settlement Agreement; or

    2.  Deposit into a qualified escrow fund, on or before April 15 of the year following the year in question, the following amounts as such amounts are adjusted for inflation:

    (a) For the year 1999, $0.0094241 for each unit sold after the effective date of this act;

    (b) For the year 2000, $0.0104712 for each unit sold;

    (c) For each of the years 2001 and 2002, $0.0136125 for each unit sold;

    (d) For each of the years 2003 through 2006, $0.0167539 for each unit sold; and

    (e) For each of the year 2007 and each year thereafter, $0.0188482 for each unit sold.

    Sec. 17.  A manufacturer of tobacco products that deposits money into escrow pursuant to subsection 2 of section 16 of this act shall receive the interest or other appreciation on the deposit as earned. The principal of the deposit may be released from escrow only under the following circumstances:

    1.  To pay a judgment or settlement on a released claim brought against that manufacturer by this state or by a releasing party located or residing in this state. Money may be released from escrow under this subsection only in the order in which it was deposited into escrow and only to the extent and at the time necessary to make payments required under the judgment or settlement.

    2.  To the extent that the manufacturer establishes that the amount it was required to deposit into escrow in a particular year was greater than this state’s allocable share of the total payments that the manufacturer would have been required to make in that year under the Master Settlement Agreement if the manufacturer had been a participating manufacturer, as such payments are determined pursuant to section IX(i)(2) of that agreement and before any of the adjustments or offsets described in section IX(i)(3) of that agreement other than the inflation adjustment, the excess must be released from escrow and revert to the manufacturer.

    3.  To the extent not released from escrow under subsection 1 or 2, deposits must be released from escrow and revert to the manufacturer 25 years after the date on which they were deposited.

    Sec. 18.  1.  A manufacturer of tobacco products that elects to deposit money into escrow pursuant to subsection 2 of section 16 of this act shall annually certify to the attorney general that it is in compliance with that subsection and with section 17 of this act. If the attorney general does not receive the annual certification, he shall mail a notice to the manufacturer. The attorney general may maintain a civil action of behalf of this state against any manufacturer of tobacco products which fails to deposit into escrow the amount required by section 16 of this act.

    2.  A manufacturer of tobacco products that fails in any year to place into escrow the money required under section 16 of this act shall:

    (a) Be required within 15 days to place such money into escrow as shall bring it into compliance with section 16 of this act. The court, upon a finding of a violation of subsection 2 of section 16 or section 17 of this act, may impose a civil penalty to be paid to the state general fund in an amount not to exceed 5 percent of the amount improperly withheld from escrow per day of the violation and in a total amount not to exceed 100 percent of the original amount improperly withheld from escrow.

    (b) In the case of a knowing violation, be required within 15 days to place such money into escrow as shall bring it into compliance with this section. The court, upon a finding of a knowing violation of subsection 2 of section 16 or section 17 of this act, may impose a civil penalty to be paid to the state general fund in an amount not to exceed 15 percent of the amount improperly withheld from escrow per day of the violation and in a total amount not to exceed 300 percent of the original amount improperly withheld from escrow.

    (c) In the case of a second knowing violation, shall be prohibited from selling cigarettes to consumers in this state, directly or through a distributor, retailer or similar intermediary, for a period to be fixed by the court not to exceed 2 years.

    3.  Each failure to make an annual deposit required by section 16 of this act constitutes a separate violation.

    Sec. 19.  This act becomes effective upon passage and approval.”.

    Amend the title of the bill to read as follows:

“AN ACT relating to tobacco; requiring all manufacturers of tobacco products sold in this state to participate in the settlement made between certain manufacturers and this and other states or to place money in escrow; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

“SUMMARY—Requires all manufacturers of tobacco products to participate in settlement with this state or to place money in escrow. (BDR 32-1371)”.

    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. 668.

    Bill read second time.

    The following amendment was proposed by the Committee on Taxation:

    Amendment No. 417.

    Amend the bill as a whole by deleting sections 3 through 6 and inserting:

    “Secs. 3-6.  (Deleted by amendment.)”.

    Amend sec. 9, page 8, line 7, by deleting “within” and inserting “[within] in”.

    Amend the bill as a whole by adding a new section designated sec. 10.5, following sec. 10, to read as follows:

    “Sec. 10.5.  NRS 361.1565 is hereby amended to read as follows:

    361.1565  The personal property tax exemption to which a [widow, orphan child,] surviving spouse, blind person, veteran or surviving spouse of a disabled veteran is entitled under NRS 361.080, 361.085, 361.090 or 361.091 is reduced to the extent that he is allowed an exemption from the vehicle privilege tax under chapter 371 of NRS.”.

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

    “Sec. 13.  (Deleted by amendment.)”.

    Amend the bill as a whole by adding new sections designated sections 16.3, 16.5 and 16.7, following sec. 16, to read as follows:

    “Sec. 16.3.  NRS 371.101 is hereby amended to read as follows:

    371.101  1.  Vehicles registered by [widows and orphan children,] surviving spouses, not to exceed the amount of $1,000 determined valuation, are exempt from taxation, but the exemption must not be allowed to anyone but actual bona fide residents of this state, and must be filed in but one county in this state to the same [family.] surviving spouse.

    2.  For the purpose of this section, vehicles in which [the widow or orphan child] a surviving spouse has any interest shall be deemed to belong entirely to that [widow or orphan child.] surviving spouse.

    3.  The person claiming the exemption shall file with the department in the county where the exemption is claimed an affidavit declaring his residency and that the exemption has been claimed in no other county in this state for that year. The affidavit must be made before the county assessor or a notary public. After the filing of the original affidavit, the county assessor shall mail a form for renewal of the exemption to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption.

    4.  A surviving spouse is not entitled to the exemption provided by this section in any fiscal year beginning after his remarriage, even if the remarriage is later annulled.

    Sec. 16.5.  NRS 371.102 is hereby amended to read as follows:

    371.102  1.  Vehicles registered by a blind person, not to exceed the amount of $3,000 determined valuation, are exempt from taxation, but the exemption must not be allowed to anyone but bona fide residents of this state, and must be filed in but one county in this state [to the same family.] on account of the same blind person.

    2.  The person claiming the exemption shall file with the department in the county where the exemption is claimed an affidavit declaring his residency and that the exemption has been claimed in no other county in this state for that year. The affidavit must be made before the county assessor or a notary public. After the filing of the original affidavit, the county assessor shall mail a form for renewal of the exemption to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption.

    3.  Upon first claiming [such] the exemption in a county the claimant shall furnish to the department a certificate of a physician licensed under the laws of this state setting forth that he has examined the claimant and has found him to be a blind person.

    4.  As used in this section, “blind person” includes any person whose visual acuity with correcting lenses does not exceed 20/200 in the better eye, or whose vision in the better eye is restricted to a field which subtends an angle of not greater than 20°.

    Sec. 16.7.  NRS 371.103 is hereby amended to read as follows:

    371.103  1.  Vehicles, to the extent of $1,000 determined valuation, registered by any actual bona fide resident of the State of Nevada who:

    (a) Has served a minimum of 90 days on active duty, who was assigned to active duty at some time between April 21, 1898, and June 15, 1903, or between April 6, 1917, and November 11, 1918, or between December 7, 1941, and December 31, 1946, or between June 25, 1950, and January 31, 1955;

    (b) Has served a minimum of 90 continuous days on active duty none of which was for training purposes, who was assigned to active duty at some time between January 1, 1961, and May 7, 1975; or

    (c) Has served on active duty in connection with carrying out the authorization granted to the President of the United States in Public Law 102-1,

and who received, upon severance from service, an honorable discharge or certificate of satisfactory service from the Armed Forces of the United States, or who, having so served, is still serving in the Armed Forces of the United States, is exempt from taxation.

    2.  For the purpose of this section the first $1,000 determined valuation of vehicles in which such a person has any interest shall be deemed to belong to that person.

    3.  A person claiming the exemption shall file annually with the department in the county where the exemption is claimed an affidavit declaring that he is an actual bona fide resident of the State of Nevada who meets all the other requirements of subsection 1, and that the exemption is claimed in no other county [within] in this state. The affidavit must be made before the county assessor or a notary public. After the filing of the original affidavit, the county assessor shall mail a form for:

    (a) The renewal of the exemption; and

    (b) The designation of any amount to be credited to the veterans’ home

account,

to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption.

    4.  Persons in actual military service are exempt during the period of such service from filing annual affidavits of exemption and the department shall grant exemptions to those persons on the basis of the original affidavits filed. In the case of any person who has entered the military service without having previously made and filed an affidavit of exemption, the affidavit may be filed in his behalf during the period of such service by any person having knowledge of the facts.

    5.  Before allowing any veteran’s exemption pursuant to the provisions of this chapter, the department shall require proof of status of the veteran, and for that purpose shall require production of an honorable discharge or certificate of satisfactory service or a certified copy thereof, or such other proof of status as may be necessary.

    6.  If any person files a false affidavit or produces false proof to the department, and as a result of the false affidavit or false proof a tax exemption is allowed to a person not entitled to the exemption, he is guilty of a gross misdemeanor.”.

    Amend sec. 18, page 16, line 16, by deleting “manufactured,” and inserting “manufactured home,”.

    Amend sec. 23, pages 18 and 19, by deleting lines 41 and 42 on page 18 and lines 1 and 2 on page 19, and inserting:

    “3.  In other counties, the division shall mail the declaration directly to each owner of livestock or sheep.”.

    Amend sec. 30, page 20, by deleting sec. 30 and inserting:

    “Sec. 30.  (Deleted by amendment.)”.

    Assemblyman Goldwater moved the adoption of the amendment.

    Remarks by Assemblyman Goldwater.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Joint Resolution No. 7.

    Resolution read second time.

    The following amendment was proposed by the Committee on Constitutional Amendments:

    Amendment No. 507.

    Amend the resolution, page 2, by deleting lines 3 through 13 and inserting:

“necessary, expedient or advisable for [the] :

    (a) Theprotection and preservation of any of its property or natural resources, or for the purposes of obtaining the benefits thereof [,] ; and

    (b) The improvement, acquisition and construction of facilities for schools,

however arising and whether arising by or through any undertaking or project of the United States or by or through any treaty or compact between the states, or otherwise.”.

    Amend the title of the resolution to read as follows:

“ASSEMBLY JOINT RESOLUTION—Proposing to amend the Constitution of the State of Nevada to exempt state contracts for the improvement, acquisition and construction of facilities for schools from the limit on general borrowing by the state.”.

    Amend the summary of the resolution to read as follows:

“SUMMARY—Proposes to amend Nevada Constitution to exempt state contracts for improvement, acquisition and construction of facilities for schools from state debt limit. (BDR C-1402)”.

    Assemblywoman Giunchigliani moved the adoption of the amendment.

    Remarks by Assemblywoman Giunchigliani.

    Amendment adopted.

    Resolution ordered reprinted, engrossed and to third reading.

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblyman Anderson moved that Assembly Bill No. 304 be taken from the Chief Clerk’s desk and placed on the General File for the next legislative day.

    Motion carried.

    Assemblywoman Giunchigliani moved that upon return from the printer Assembly Bill No. 373 be placed on the Chief Clerk's desk.

    Remarks by Assemblywoman Giunchigliani.

    Motion carried.

REMARKS FROM THE FLOOR

    Assemblywoman Tiffany requested that her remarks be entered in the Journal.

    Mr. Speaker, my colleague, Mr. Perkins, and I would like to have entered in the Assembly Journal the transcript of a conversation that took place just before Ben Stepman was admitted through the Pearly Gates:

Mr. Stepman:           Who are you?  What is this place?

God:                         This is Heaven, Mr. Stepman.

Mr. Stepman:           No.  I don’t think we’ve ever had a car dealer.

Mr. Stepman:           Do you have any high school athletic teams I can promote and support?

God:                         No.

Mr. Stepman:           Do you have a lot of parks and community centers I can support?

God:                         No, we don’t.

Mr. Stepman:           Do you have a children’s parade that I can help develop and support?

God:                         Not exactly.

Mr. Stepman:           Do you even have a DMV office?

God:                         I don’t think so.

Mr. Stepman:           Well tell me, are there people like my beloved wife, Billie, and my

                                beautiful children and grandchildren up here?

God:                         Not for a long time to come.

Mr. Stepman:           And what about television?  Do you have TV advertising?

God:                         Not so far.

Mr. Stepman:           Well, I come from a place that has such wonderful people

                                and wonderful things.

God:                         And where is this place, may I ask?

Mr. Stepman:           In Henderson, of course.

GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR

    On request of Assemblywoman Angle, the privilege of the floor of the Assembly Chamber for this day was extended to Beverly Bissett Kauffman and Carolyn (Coni) Johnson.

    On request of Assemblywoman Berman, the privilege of the floor of the Assembly Chamber for this day was extended to Beatrice Eichbaum and Ann Thompson.

    On request of Assemblyman Brower, the privilege of the floor of the Assembly Chamber for this day was extended to Kathleen Nell Kubly.

    On request of Assemblyman Carpenter, the privilege of the floor of the Assembly Chamber for this day was extended to Crystal Vanderlinden, Hillary Whitney, cortni Greenwell, Heather Burnworth, Shannah Sharifali, Erin Gillies, Amanda Collins, Joniann Martin, Ashley Skinner, Jordan Alfort, Morgan Alford, Cameron Gillies, Sheilagh Gillies, Laurs Piffero, Ursula Stanton, Nelsene Alford, Dean Alford and Cheyenne Alford.

    On request of Assemblyman Collins, the privilege of the floor of the Assembly Chamber for this day was extended to Kenneth LaPorte.

    On request of Assemblywoman Gibbons, the privilege of the floor of the Assembly Chamber for this day was extended to Jean Combs.

    On request of Assemblyman Goldwater, the privilege of the floor of the Assembly Chamber for this day was extended to Helen R. Dobrow.

    On request of Assemblyman Gustavson, the privilege of the floor of the Assembly Chamber for this day was extended to Connie S. Fent, Mrs. Hewitt G. Wells and Colton Fent.

    On request of Assemblyman Humke, the privilege of the floor of the Assembly Chamber for this day was extended to Rita Sipalia, Mary Katherine Hill and Patricia Pachert.

    On request of Assemblyman Lee, the privilege of the floor of the Assembly Chamber for this day was extended to David Lueck and Crystal Lee Lueck.

    On request of Assemblywoman McClain, the privilege of the floor of the Assembly Chamber for this day was extended to Jack Mannion.

    On request of Assemblyman Nolan, the privilege of the floor of the Assembly Chamber for this day was extended to Matthew L. Morris.

    On request of Assemblywoman Segerblom, the privilege of the floor of the Assembly Chamber for this day was extended to Brandi Stankovic.

    Assemblyman Perkins moved that the Assembly adjourn until Saturday, April, 17, 1999, at 9:00 a.m.

    Motion carried.

    Assembly adjourned at 3:42 p.m.

Approved:                  Joseph E. Dini, Jr.

                              Speaker of the Assembly

Attest:    Jacqueline Sneddon

                    Chief Clerk of the Assembly