THE ONE HUNDRED AND SECOND DAY

THE ONE HUNDRED AND SECOND DAY

Carson City (Thursday), May 13, 1999

Assembly called to order at 11:16 a.m.

Mr. Speaker presiding.

Roll called.

All present except Assemblymen Arberry, Brower, Evans and Nolan who were excused.

Prayer by the Chaplain, Reverend Bruce Henderson.

Lord, I was intrigued yesterday to find that both of the Bibles in this chamber are opened to the book of the prophet Ezekiel—Ezekiel, the one You called Your watchman. In a very real sense perhaps that's what we are too—watchmen. May we truly be watchful for the needs of the people we serve, and, as the name Ezekiel means, "strengthened by God," we humbly ask for Your strength to finish the task You have given us. For in the words of Robert Frost, “and miles to go before [we] sleep and miles to go before [we] sleep. O, Lord, hear our prayer. 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 Senate Bills Nos. 13, 145, 357, 452, 495, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Also, your Committee on Commerce and Labor, to which was referred Senate Bill No. 464, 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 Concurrent Committee on Commerce and Labor, to which was referred Senate Bill No. 451, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Barbara E. Buckley, Chairman

Mr. Speaker:

Your Committee on Education, to which was referred Assembly Concurrent Resolution No. 60, has had the same under consideration, and begs leave to report the same back with the recommendation: Be adopted.

Wendell P. Williams, Chairman

Mr. Speaker:

Your Committee on Elections, Procedures, and Ethics, to which were referred Senate Bills Nos. 471, 531, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Chris Giunchigliani, Chairman

Mr. Speaker:

Your Committee on Government Affairs, to which was referred Senate Bill No. 52, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Also, your Committee on Government Affairs, to which was referred Senate Bill No. 366, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Also, your Committee on Government Affairs, to which were referred Senate Bills Nos. 139, 291, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Also, your Committee on Government Affairs, to which were re-referred Senate Bills Nos. 131, 314, 369, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Douglas A. Bache, Chairman

Mr. Speaker:

Your Committee on Judiciary, to which were referred Senate Bills Nos. 30, 148, 346, 395, 514, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Also, your Committee on Judiciary, to which was re-referred Senate Bill No. 360, 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 Senate Bills Nos. 330, 526, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass, and place on Consent Calendar.

Marcia de Braga, Chairman

MESSAGES FROM THE Senate

Senate Chamber, Carson City, May 12, 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. 108, 150, 304, 409, 416, 471; Senate Bills Nos. 245, 292; Assembly Joint Resolution No. 15.

Also, I have the honor to inform your honorable body that the Senate on this day adopted Assembly Concurrent Resolutions Nos. 65, 66.

Also, I have the honor to inform your honorable body that the Senate amended, and on this day passed, as amended, Assembly Bill No. 12, Amendment No. 751; Assembly Bill No. 284, Amendments Nos. 783, 809; Assembly Bill No. 439, Amendments Nos. 764, 847, and respectfully requests your honorable body to concur in said amendments.

Also, I have the honor to inform your honorable body that the Senate on this day concurred in the Assembly Amendment No. 217 to Senate Concurrent Resolution No. 1; Assembly Amendment No. 728 to Senate Bill No. 121; Assembly Amendment No. 780 to Senate Bill No. 274; Assembly Amendment No. 770 to Senate Bill No. 472.

Mary Jo Mongelli

Assistant Secretary of the Senate

Mr. Speaker announced that pursuant to Assembly Standing rule No. 1, section 2, subsection (d), Assemblyman Hettrick would act as presiding officer.

Assemblyman Hettrick presiding.

MOTIONS, RESOLUTIONS AND NOTICES

By Assemblymen Dini, Anderson, Angle, Arberry, Bache, Beers, Berman, Brower, Buckley, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Evans, Freeman, Gibbons, Giunchigliani, Goldwater, Gustavson, Hettrick, Humke, Koivisto, Lee, Leslie, Manendo, Marvel, McClain, Mortenson, Neighbors, Nolan, Ohrenschall, Parks, Parnell, Perkins, Price, Segerblom, Thomas, Tiffany, Von Tobel and Williams:

Assembly Resolution No. 7—Commending the staff of the Legislative Counsel Bureau.

Whereas, This legislative session is the first session limited to 120 days; and

Whereas, The ability to meet this time limitation was dependent upon the development of a comprehensive schedule, the coordination of staff assignments and, ultimately, the participation of each staff member to accomplish in 120 days what had been completed in the longer sessions of the past; and

Whereas, After months of gathering ideas, reviewing needs and concerns, and identifying and discussing potential problems, a plan was produced, approved and implemented; and

Whereas, The staff of each division and unit of the Legislative Counsel Bureau became involved with the success of this historic session and has met this challenge with unparalleled skill, resourcefulness, energy and, when necessary, humor; and

Whereas, In the Administrative Division of the Legislative Counsel Bureau, the staff of the Information Systems Unit and the Media Services Unit successfully brought new technology to the legislative process, the staff of the Buildings Unit, the Grounds Unit and the Janitorial Unit kept the building and its grounds safe and looking their best, and the staff of the Accounting Unit, the General Services Unit, the Legislative Police, the Las Vegas office and the Director’s office, and the session staff in the message center, the public bill room, the bill mail room, lobbyist registration and the lobbyist center kept the Legislature functioning smoothly; and

Whereas, The staff of the Audit Division continued to provide the Legislature with independent and reliable information about the operations of state agencies, programs, activities and functions by presenting audit reports and by testifying on legislation to promote accountability in state government, and continued to produce their high-quality audits while reviewing all legislation within the new time limitations in a quick and efficient manner; and

Whereas, The staff of the Fiscal Analysis Division reviewed the ever-increasing budget, bills related to the budget, and budget amendments within a greatly condensed period, maintaining their usual accuracy and efficiency, reviewed fiscal notes in half the time available in previous sessions, provided staff support for the Taxation Committee and responded to Legislators’ requests for information concerning budgets and taxation promptly and efficiently; and

Whereas, The staff of the Legal Division exceeded their high standards by meeting all deadlines for the drafting of bills and amendments, doing more work in less time without sacrificing quality or their meticulous attention to detail, while providing legal advice on the usual wide range of issues to the Legislature and its staff, fully aware that their dedication and long hours were essential to the success of the plan for the 120-day session; and

Whereas, The staff of the Research Division, assisted by its Research Library, provided research and analysis of current and proposed public programs and policies, furnished thorough and prompt background information for use in committees and on the floor of the Nevada Assembly, aided committee chairmen by providing administrative and technical assistance in the processing of bills to meet the rigorous scheduling demands established as a result of the condensed session, and responded to an increased number of Legislator and constituent requests in a timely, efficient, and thorough manner despite strict time constraints; now, therefore, be it

Resolved by the Assembly of the State of Nevada, That the members of the Assembly of the 70th session of the Nevada Legislature do hereby express their sincere appreciation and commend the outstanding staff of the Legislative Counsel Bureau; and be it further

Resolved, That May 13, 1999, is hereby designated as Legislative Counsel Bureau Staff Appreciation Day in recognition of the exemplary service provided to the members of the Assembly and to the residents of the State of Nevada; and be it further

Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Lorne Malkiewich, Director of the Legislative Counsel Bureau.

Assemblyman Perkins moved the adoption of the resolution.

Remarks by Assemblymen Perkins, Hettrick, Anderson, Bache, Dini, Freeman, Goldwater, Angle, Price, Gustavson, Ohrenschall, Marvel, Chowning and Collins.

Assemblyman Price requested that the following remarks be entered in the Journal.

Assemblyman Perkins:

I know that I am preaching to the choir when we talk amongst ourselves about the staff and the wonderful job they do in a number of capacities. I know we all had great trepidation coming into this legislative session, trying to figure out how we were going to accomplish our work in 120 days, the last session having gone 169 days. Quite frankly, we couldn’t have. We wouldn’t be able to finish this session without the hard work of the staff and their creativity and their “rolling up of their sleeves,” going to work on our behalf and the citizens of our state.

The resolution talked to a number of things regarding the number of different divisions we have within the Legislative Counsel Bureau. I have the director with me. He ramrods the whole thing. Those of us that work with the different divisions—some have more exposure than others—such as the Fiscal Analysis Division, know they have spent so much time on our budgets and getting us to a point where we can make the policy decisions for our state. The Research Division, our Front Desk, our personal secretaries, the Legal Division— I could go on and on.

I think the only failure in our resolution is that we’re only proclaiming one day as Staff Appreciation Day, when, in fact, we should proclaim the entire 120 days we are up here as Staff Appreciation Day. They all make us look good. We accomplish what we need to do for the citizens of our state because of their hard work. We are the ones who take all the credit in the long run. There are always hurdles and challenges and both things come to the attention of the folks that head the different divisions and the director. Problems are always taken on very quickly and dealt with so we can continue to go on and do the work we need to do. For those reasons, Mr. Speaker, I stand in support of AR 7.

Assemblyman Hettrick requested the privilege of the Chair for the purpose of making the following remarks:

I, too, rise in support of AR 7. It was interesting to me, as I sat here, and listened to the Majority Floor Leader, that for all the staff he was referring to—and we have to realize there is a large staff that supports us— essentially, they are invisible. That’s what they are so much of the session—invisible. No one knows they’re back there, doing all the work, churning away, working late hours. Nobody appreciates that when we drive out of the parking garage, the staff’s cars are still sitting there. They are still working. I don’t think anyone appreciates them. The public has no idea when they see these bill books on our desk that, overnight, every night, the bills are printed and put into these books, in order, with the reprints and with the amendments. It’s incredible. They are totally invisible to the average person involved in this process. And yet, this process would absolutely stop without each and every one of them being involved. It’s truly an honor for me to rise and honor the people that do not get enough kudos and don’t get enough thanks and enough respect for the kind of job they do. As the Majority Floor Leader said, they make us look great. They do it day in, and day out with very little thanks. We want them to know—every one of them—how much they mean to us and to this process. Thank you, Mr. Speaker.

Assemblyman Anderson:

Thank you, Mr. Hettrick. I think both the Majority and Minority Floor Leader have said the obvious. The point I was going to make was that we only see a few of them sitting back here. We know, however, they are listening very, very carefully to every word which is said. Questions which are raised are often answered before we can get off the floor. The point is, for as much work as we know and see that goes on here, there is indeed additional work that precedes the session. Work that the staff puts together so that long before our arrival here, they have already put in long hours, all in preparation to make sure all the systems work, and have been tested, retested and tested again. They take the strain of the things that we do, also. It isn’t that we can’t do anything without them, but we all know that without them this place would just not function in 220 days, never mind 120. The diligence of their work and the quality of their work speaks for their professionalism and we thank them for what they do.

Assemblyman Bache:

Thank you, Mr. Hettrick. I, too, rise in support of AR 7 from the perspective of a committee chair. This session, with the 120 days we are asking this staff—our legal, fiscal, and research staff—to do an absolutely impossible job with impossible time constraints, with incredibly long hours—they work 12, 14 or 16 hours a day. They are doing it. They are getting the work done and they are making us, as others have said, look good in the process. We are going to complete everything that we need to do, on time. It is because of the wonderful staff we have. Thank you.

Assemblyman Dini:

Thank you, Mr. Hettrick. I couldn’t go without speaking today in thanks to our great staff we have at the Legislative Counsel Bureau. This process started, not on the first day that we opened here, but six, eight, or ten months before we ever arrived, in a series of meetings with leadership and people that were involved in trying to make the decisions on how to make this session work. But it worked. All that hard work paid off.

We have to really congratulate our director. Lorne Malkiewich is one of the finest people I have ever worked with. I remember I supported him to be the director of this agency. He has proven to be one outstanding person and I’m just really proud to have been associated with him and all his staff. I hope they are all tuned in on their monitors. I want to congratulate each and every one of our staff and thank them for the outstanding job they’ve done to make this session so successful.

Assemblywoman Freeman:

Thank you, Mr. Hettrick. I would like to speak to this as well. I know this resolution speaks directly to the 120-day session but we mustn’t forget that in the interim there are a large number of interim study committees that we work on with these folks as well. Through the years, I’ve found that their work, their honesty, and their loyalty has been absolutely superb. I wanted to congratulate them as well.

Assemblyman Goldwater:

Thank you, Mr. Hettrick. It is appropriate to add that when you work on staff you don’t do it because you enjoy the tasks that you do in the legislature. You do it because you think you are having an impact, in some way, on good public policy. An elected official is a cog in the machine that produces public policy. The rest of that machine is made up of people like Lorne and the other great people in the Legislative Counsel Bureau. It is worthwhile to know that a large egoed elected official likes to take claim for everything which is good, however, it is the staff which should be proud of the good public policy that is produced here. It is actually the staff which should blame somebody else for the bad public policy.

This process has come such a long way. There are things that we do now we could never have done before and that is due to this staff. I also commend the Legislative Commission, which does a heck of a lot of work under the chairmanship of our Majority Floor Leader. Now, that chair will be turned over soon, but they do a lot of work on behalf of all the legislators here to create that management/labor relationship. Most of us can sleep easy knowing they are doing a great job.

Assemblyman Angle:

Thank you, Mr. Hettrick. Amazingly, I only want to say one thing. As a freshman, I don’t have anything to compare you to. I just want to say your support, encouragement, and help has just been awesome. Thanks.

Assemblyman Price:

Thank you, Mr. Hettrick. Obviously, over the many years that I have been here, we could not say enough wonderful things about those folks who work with us from LCB and all the other categories that help us here. What we really become is one big family. I would say a loving family in most cases because they try to care for us and make sure we don’t look bad and we try to help them—when we think about them. I have to tell you, we don’t always do that.

As many of you know, I have an interest in procedure and how the legislatures work. Over the years, I’ve visited many states and as many legislatures as possible. Our operation here is really at a premium. A number of the states will have a Democratic staff for all the Democratic legislators and a Republican staff for all the Republicans. I suppose they have independent staff as well. Naturally, such things build in little barriers. Here, we have truly been a family and treated as a family when we come in. I just don’t think we could say enough wonderful things about our family. We shouldn’t forget the small family down in Las Vegas that is supporting us also: working, helping, and taking care of all our needs. I am so pleased and appreciate being able to speak on this resolution acknowledging that fact.

Assemblyman Gustavson:

Thank you, Mr. Hettrick. I stand in opposition to absolutely nothing here. I have to agree in very strong support of AR 7. Much has been said about the staff and I agree with every bit of it. The one thing I haven’t heard yet and that I really notice all the time, I think all of us do, is that this staff, when asked to do something, always has done it willingly, openly, and with a big smile. Never, never a complaint about anything. So, I would just like to thank them again for that. Thank you.

Assemblywoman Ohrenschall:

Thank you, Mr. Hettrick. I think that we can truly boast that among all the state legislatures in the country, we have the finest back-up staff, particularly Legal and Research. They are always there. They are always willing to help and have a very fine understanding of the public policy needs of our state, the demographics, and of the Nevada Revised Statutes. We are really privileged to have them.

Assemblyman Marvel:

Thank you, Mr. Hettrick. I think we all support AR 7. In the number of years the Speaker, Mr. Price, and I have been here, we’ve watched and gone through several directors and worked through many of our staff people. I can truly say we really have a very professional group of people here. I don’t think the general public really realizes the professionalism that we have with this back-up staff. I think Mrs. Freeman said it right: It’s not only during the session that these people are of such service to each and every one of us. Anytime you call, no matter what division it is, they are so accommodating and they are courteous. It has been really a pleasure over my 20 or so years to have been associated with so many fine people. I think they should all be commended very highly. Thank you.

Assemblywoman Chowning:

Thank you, Mr. Hettrick. I stand in support of AR 7 and I would like to add my thanks, as well, for all the professionalism: the professional treatment and the bi-partisan research that sometimes puts our staff in awkward positions. They handle it with grace and with expertise. When we had the national NCSL Conference in Nevada last year, they were absolutely superb. When we lose someone of our family, they are right there, providing all the support. When someone is ill, they are there providing the support. I just don’t know how many ways we can say thank you.

Assemblyman Collins:

Thank you, Mr. Hettrick. I rise in support of AR 7. This is my third session and I’m still amazed at all that is available for us, to help our constituents, offered by this staff and the amazing things they do; every part, from legal and research, to the kitchen and for all the hours that we want. They come at any time. When everyone wants to amend a bill, they stay and work it out. I am just amazed at all of the things they do. They fix the air conditioning, whatever you want. This is a great environment. I don’t know of any legislators who are treated as well. When we travel to other meetings, our staff is there and supportive. I am really amazed at the organization and how fine a job they are doing. I commend them.

Resolution adopted unanimously.

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

Assembly in recess at 11:45 a.m.

ASSEMBLY IN SESSION

At 11:46 a.m.

Mr. Speaker presiding.

Quorum present.

MOTIONS, RESOLUTIONS AND NOTICES

Notice of Exemption

The Fiscal Analysis Division, pursuant to Joint Standing Rule 14.6, determined the exemption of Assembly Bill No. 47.

Notice of Waiver

A Waiver requested by Assembly Standing Committee on Commerce and Labor.

For Senate Bill No. 37.

To Waive:

Subsection 3 of Joint Standing Rule No. 14.3 (out of final committee of 2^nd house by 103^rd day).

Subsection 4 of Joint Standing Rule No. 14.3 (out of 2^nd house by 110^th day).

With the following Conditions:

May only be passed out of final committee of second house on or before May 21, 1999.

May only be passed out of second house on or before May 26, 1999.

Has been granted effective: May 26, 1999.

William J. RaggioJoseph E. Dini, Jr.

Senate Majority LeaderSpeaker of the Assembly

A Waiver requested by Speaker Joseph E. Dini, Jr.

For: Senate Bill No. 438.

To Waive:

Subsection 3 of Joint Standing Rule No. 14.3 (out of final committee of 2^nd house by 103^rd day).

Subsection 4 of Joint Standing Rule No. 14.3 (out of 2^nd house by 110^th day).

With the following Conditions:

May only be passed out of final committee of second house on or before May 21, 1999.

May only be passed out of second house on or before May 26, 1999.

Has been granted effective: May 13, 1999.

William J. RaggioJoseph E. Dini, Jr.

Senate Majority LeaderSpeaker of the Assembly

INTRODUCTION, FIRST READING AND REFERENCE

Senate Bill No. 245.

Assemblywoman Buckley moved that the bill be referred to the Committee on Ways and Means.

Motion carried.

Senate Bill No. 292.

Assemblywoman Buckley moved that the bill be referred to the Committee on Ways and Means.

Motion carried.

CONSENT CALENDAR

Senate Bill No. 492.

Bill read by number.

Roll call on Senate Bill No. 492:

Yeas—38.

Nays—None.

Excused—Arberry, Brower, Evans, Nolan—4.

Senate Bill No. 492 having received a constitutional majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

SECOND READING AND AMENDMENT

Assembly Bill No. 181.

Bill read second time.

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

Amendment No. 798.

Amend the bill as a whole by deleting sections 1 through 17 and adding new sections designated sections 1 through 43, following the enacting clause, to read as follows:

“Section 1. NRS 449.00455 is hereby amended to read as follows:

449.00455 “Facility for the treatment of abuse of alcohol or drugs” means any public or private establishment which provides residential treatment, including mental and physical restoration, of abusers of alcohol or drugs and which is certified by the bureau of alcohol and drug abuse in [the rehabilitation division of] the department of [employment, training and rehabilitation,]human resources pursuant to subsection 3 of NRS 458.025. It does not include a medical facility or services offered by volunteers or voluntary organizations.

Sec. 2. NRS 453.1545 is hereby amended to read as follows:

453.1545 1. The board and the division shall cooperatively develop a computerized program to track each prescription for a controlled substance listed in schedule II, III or IV that is filled by a pharmacy. The program must:

(a) Be designed to provide information regarding the inappropriate use of controlled substances listed in schedules II, III and IV to pharmacies, practitioners and appropriate state agencies in order to prevent the improper or illegal use of such controlled substances.

(b) Be administered by the board, the division, the bureau of alcohol and drug abuse [of the rehabilitation division of] in the department of [employment, training and rehabilitation] human resources and various practitioners, representatives of professional associations for practitioners, representatives of occupational licensing boards and prosecuting attorneys selected by the board and the division.

2. The board and division must have access to the program established pursuant to subsection 1 for the purpose of identifying any suspected fraudulent or illegal activity related to the dispensing of controlled substances.

3. The board [and] or division shall report any activity it reasonably suspects may be fraudulent or illegal to the appropriate law enforcement agency or occupational licensing board and provide the law enforcement agency or occupational licensing board with the relevant information obtained from the program for further investigation.

4. Information obtained from the program is confidential and, except as otherwise provided by this section, must not be disclosed to any person. Information obtained from the program must be disclosed:

(a) Upon the request of a person about whom the information requested concerns or upon the request on his behalf by his attorney; or

(b) Upon the lawful order of a court of competent jurisdiction.

5. The board and the division may apply for any available grants and accept any gifts, grants or donations to assist in developing and maintaining the program required by this section.

Sec. 3. NRS 453.580 is hereby amended to read as follows:

453.580 1. A court may establish an appropriate treatment program to which it may assign a person pursuant to NRS 453.3363 or 458.300 or it may assign such a person to an appropriate facility for the treatment of abuse of alcohol or drugs which is certified by the bureau of alcohol and drug abuse [of the rehabilitation division of] in the department of [employment, training and rehabilitation.]human resources. The assignment must include the terms and conditions for successful completion of the program and provide for progress reports at intervals set by the court to ensure that the person is making satisfactory progress towards completion of the program.

2. A program to which a court assigns a person pursuant to subsection 1 must include:

(a) Information and encouragement for the participant to cease abusing alcohol or using controlled substances through educational, counseling and support sessions developed with the cooperation of various community, health, substance abuse, religious, social service and youth organizations;

(b) The opportunity for the participant to understand the medical, psychological and social implications of substance abuse; and

3. If the offense with which the person was charged involved the use or possession of a controlled substance, in addition to the program or as a part of the program the court must also require frequent urinalysis to determine that the person is not using a controlled substance. The court shall specify how frequent such examinations must be and how many must be successfully completed, independently of other requisites for successful completion of the program.

4. Before the court assigns a person to a program pursuant to this section, the person must agree to pay the cost of the program to which he is assigned and the cost of any additional supervision required pursuant to subsection 3, to the extent of his financial resources. If the person does not have the financial resources to pay all of the related costs, the court shall, to the extent practicable, arrange for the person to be assigned to a program at a facility that receives a sufficient amount of federal or state funding to offset the remainder of the costs.

Sec. 4. Chapter 458 of NRS is hereby amended by adding thereto the provisions set forth as sections 5 to 8, inclusive, of this act.

Sec. 5. 1. The bureau shall prepare requests for proposals for the provision by facilities of:

(a) Residential treatment of adolescents who engage in substance abuse;

(b) Outpatient treatment of adolescents who engage in substance abuse;

(d) Transitional housing for adolescents who engage in substance abuse.

2. Upon accepting a proposal submitted in accordance with this section, the bureau may advance not more than 8 percent of the amount of the proposal to the facility that submitted the proposal to help defray the costs of starting the provision of the services, including, without limitation, the cost of beds, equipment and rental space for expansion.

3. The bureau shall establish such requirements for the requests for proposals as it determines necessary.

4. The bureau shall hire, to the extent of legislative authorization, such staff as it determines necessary to carry out the provisions of this section and section 6 of this act.

Sec. 6. The bureau shall, on or before September 1 of each odd-numbered year, submit to the director a report covering the biennium ending on June 30 of that year. The report must include:

1. The name of each facility that received money pursuant to section 5 of this act during the biennium, and the amount of money that each facility received for each type of service provided;

2. If a facility received money pursuant to section 5 of this act during the biennium to help defray the costs of starting the provision of services, the name of the facility, the amount of money received and an accounting of how the money was used;

3. The number of adolescents who received any of the services described in section 5 of this act from such facilities during the biennium, and the number of adolescents who were receiving such services as of the end of the biennium; and

4. As of the end of the biennium:

(a) The number of adolescents on waiting lists to receive the services described in section 5 of this act; and

(b) An estimate of the number of other adolescents in this state who are in need of the services described in section 5 of this act.

Sec. 7. The commission shall:

1. Establish a standard system for referrals between providers of services relating to the treatment of mental health problems and providers of services relating to treatment for substance abuse;

2. Identify the facilities for the treatment of substance abuse located in this state in which at least one specialist in mental health should be placed;

3. Identify the facilities for the treatment of mental health problems located in this state in which at least one counselor in substance abuse should be placed;

4. Determine the cost of placing such specialists and counselors in facilities pursuant to subsections 2 and 3;

5. Determine the process by which clients in a facility for the treatment of substance abuse would receive treatment for mental health problems when necessary; and

6. Determine the process by which clients in a facility for the treatment of mental health problems would receive treatment for substance abuse when necessary.

Sec. 8. 1. The commission shall:

(a) Establish a standard report card that identifies at least four key indicators of the level of substance abuse by adolescents and adults residing in this state; and

(b) Publicize the indicators to be used in the report card.

2. The commission shall annually compile a list of substance abuse programs in this state that are publicly or privately financed, or both, including:

(a) Treatment programs for adolescents and adults;

(b) Intervention programs for adolescents and adults;

(d) Education programs for adolescents and adults.

Sec. 9. NRS 458.010 is hereby amended to read as follows:

458.010 As used in NRS 458.010 to 458.360, inclusive, and sections 5 and 6 of this act, unless the context requires otherwise:

1. “Alcohol and drug abuse program” means a project concerned with education, prevention and treatment directed toward achieving the mental and physical restoration of alcohol and drug abusers.

2. “Alcohol and drug abuser” means a person whose consumption of alcohol or other drugs, or any combination thereof, interferes with or adversely affects his ability to function socially or economically.

3. “Alcoholic” means any person who habitually uses alcoholic beverages to the extent that he endangers the health, safety or welfare of himself or any other person or group of persons.

4. “Bureau” means the bureau of alcohol and drug abuse in [the rehabilitation division of] the department.

5. “Chief” means the chief of the bureau.

6. “Civil protective custody” means a custodial placement of a person for the purpose of protecting his health or safety. Civil protective custody does not have any criminal implication.

7. “Department” means the department of [employment, training and rehabilitation.]human resources.

8. “Director” means the director of the department.

9. “Facility” means a physical structure used for the education, prevention and treatment, including mental and physical restoration, of alcohol and drug abusers.

Sec. 10. NRS 458.025 is hereby amended to read as follows:

458.025 The bureau of alcohol and drug abuse is hereby created in [the rehabilitation division of] the department. The bureau:

1. Shall formulate and operate a comprehensive state plan for alcohol and drug abuse programs which must include:

(a) A survey of the need for education, prevention and treatment of alcohol and drug abuse, including a survey of the facilities needed to provide services and a plan for the development and distribution of services and programs throughout the state.

(b) A plan for programs to educate the public in the problems of the abuse of alcohol and other drugs.

(c) A survey of the need for trained teachers, persons who have professional training in fields of health and others involved in the education and prevention of alcohol and drug abuse and in the treatment and recovery of alcohol and drug abusers, and a plan to provide the necessary treatment.

In developing and revising the state plan, the bureau shall consider, among other things, the amount of money available from the Federal Government for alcohol and drug abuse programs and the conditions attached to the acceptance of the money, and the limitations of legislative appropriations for alcohol and drug abuse programs.

2. Is responsible for coordinating efforts to carry out the state plan and coordinating all state and federal financial support of alcohol and drug abuse programs in the state. The bureau must be consulted in the planning of projects and advised of all applications for grants from within the state which are concerned with alcohol and drug abuse programs, and shall review and advise concerning the applications.

3. Shall develop and publish standards of certification and may certify or deny certification of any facilities, programs or personnel on the basis of the standards, and publish a list of certified facilities, programs and personnel. Any facilities, programs or personnel which are not certified are ineligible to receive state and federal money for alcohol and drug abuse programs. The chief shall establish requirements for continuing education for persons certified as counselors and administrators of the programs and may set fees for certification of facilities, programs or personnel. The fees must be calculated to produce the revenue estimated to cover the costs related to the certifications, but in no case may the fee for a certificate exceed $100.

4. Upon request from a facility which is self-supported, may certify the facility, its programs and personnel and add them to the list of certified facilities, programs and personnel.

Sec. 11. NRS 458.100 is hereby amended to read as follows:

458.100 1. All gifts or grants of money which the bureau is authorized to accept must be deposited in the state treasury for credit to the state grant and gift account for alcohol and drug abuse which is hereby created in the department of [employment, training and rehabilitation’s]human resources’ gift fund.

2. Money in the account must be used [for the purpose of carrying] to carry out the provisions of NRS 458.010 to 458.360, inclusive, and sections 5 and 6 of this act and other programs or laws administered by the bureau.

3. All claims must be approved by the chief before they are paid.

Sec. 12. NRS 458.370 is hereby amended to read as follows:

458.370 As used in NRS 458.370 to 458.420, inclusive, and sections 7 and 8 of this act, unless the context otherwise requires, “commission” means the commission on substance abuse education, prevention, enforcement and treatment.

Sec. 13. NRS 458.400 is hereby amended to read as follows:

458.400 1. The commission may accept gifts, grants, appropriations and donations if its acceptance does not reduce, limit or cause it to be in competition for money normally available to local agencies and community programs, unless otherwise provided by a specific statute.

2. All money received by the commission must be deposited in the fund for substance abuse education, prevention, enforcement and treatment which is hereby created as a special revenue fund.

3. The money in the fund may be used only to:

(a) Make grants to programs for substance abuse education, prevention, enforcement and treatment; and

(b) Carry out the provisions of NRS 458.370 to 458.420, inclusive[.] , and sections 7 and 8 of this act.

4. All claims against the fund must be paid as other claims against the state are paid.

5. Any money received by the commission on the condition that it be expended for a specific purpose must be accounted for separately in the fund.

Sec. 14. NRS 4.373 is hereby amended to read as follows:

4.373 1. Except as otherwise provided in subsection 2[,] or by specific statute , or unless the suspension of a sentence is expressly forbidden, a justice of the peace may suspend, for not more than 1 year, the sentence of a person convicted of a misdemeanor. When the circumstances warrant, the justice of the peace may order as a condition of suspension that the offender:

(a) Make restitution to the owner of any property that is lost, damaged or destroyed as a result of the commission of the offense;

(b) Engage in a program of work for the benefit of the community, for not more than 200 hours;

(d) Abstain from the use of alcohol and controlled substances;

(e) Refrain from engaging in any criminal activity;

(f) Engage or refrain from engaging in any other conduct deemed appropriate by the justice of the peace;

(g) Submit to a search and seizure by the chief of a department of alternative sentencing, an assistant alternative sentencing officer or any other law enforcement officer at any time of the day or night without a search warrant; and

(h) Submit to periodic tests to determine whether the offender is using a controlled substance or consuming alcohol.

2. If a person is convicted of a misdemeanor that constitutes domestic violence pursuant to NRS 33.018, the justice of the peace may, after the person has served any mandatory minimum period of confinement, suspend the remainder of the sentence of the person for not more than 3 years upon the condition that the person actively participate in:

(a) A program of treatment for the abuse of alcohol or drugs which is certified by the bureau of alcohol and drug abuse [of the rehabilitation division of] in the department of [employment, training and rehabilitation;]human resources;

(b) A program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 228.470; or

and that he comply with any other condition of suspension ordered by the justice of the peace.

3. The justice of the peace may order reports from a person whose sentence is suspended at such times as he deems appropriate concerning the compliance of the offender with the conditions of suspension. If the offender complies with the conditions of suspension to the satisfaction of the justice of the peace, the sentence may be reduced to not less than the minimum period of confinement established for the offense.

4. The justice of the peace may issue a warrant for the arrest of an offender who violates or fails to fulfill a condition of suspension.

Sec. 15. NRS 5.055 is hereby amended to read as follows:

5.055 1. Except as otherwise provided in subsection 2[,] or by specific statute , or unless the suspension of a sentence is expressly forbidden, a municipal judge may suspend, for not more than 1 year, the sentence of a person convicted of a misdemeanor. When the circumstances warrant, the municipal judge may order as a condition of suspension that the offender:

(a) Make restitution to the owner of any property that is lost, damaged or destroyed as a result of the commission of the offense;

(b) Engage in a program of work for the benefit of the community, for not more than 200 hours;

(d) Abstain from the use of alcohol and controlled substances;

(e) Refrain from engaging in any criminal activity;

(f) Engage or refrain from engaging in any other conduct deemed appropriate by the municipal judge;

(h) Submit to periodic tests to determine whether the offender is using any controlled substance or alcohol.

2. If a person is convicted of a misdemeanor that constitutes domestic violence pursuant to NRS 33.018, the municipal judge may, after the person has served any mandatory minimum period of confinement, suspend the remainder of the sentence of the person for not more than 3 years upon the condition that the person actively participate in:

(b) A program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 228.470; or

and that he comply with any other condition of suspension ordered by the municipal judge.

3. The municipal judge may order reports from a person whose sentence is suspended at such times as he deems appropriate concerning the compliance of the offender with the conditions of suspension. If the offender complies with the conditions of suspension to the satisfaction of the municipal judge, the sentence may be reduced to not less than the minimum period of confinement established for the offense.

4. The municipal judge may issue a warrant for the arrest of an offender who violates or fails to fulfill a condition of suspension.

Sec. 16. NRS 62.2275 is hereby amended to read as follows:

62.2275 1. If a child within the jurisdiction of the juvenile court is found by the juvenile court to have committed the unlawful act of:

(a) Driving under the influence of intoxicating liquor or a controlled substance in violation of NRS 484.379 or 484.3795;

(b) Using, possessing, selling or distributing a controlled substance; or

the judge, or his authorized representative, shall require the child to undergo an evaluation to determine if the child is an abuser of alcohol or other drugs.

2. The evaluation of a child pursuant to this section:

(a) Must be conducted by:

(1) A counselor certified to make that classification by the bureau of alcohol and drug abuse;

(2) A physician certified to make that classification by the board of medical examiners; or

(3) A person who is approved to make that classification by the bureau of alcohol and drug abuse,

who shall report to the judge the results of the evaluation and make a recommendation to the judge concerning the length and type of treatment required by the child.

(b) May be conducted at an evaluation center.

3. The judge shall:

(a) Order the child to undergo a program of treatment as recommended by the person who conducted the evaluation pursuant to subsection 2.

(b) Require the treatment facility to submit monthly reports on the treatment of the child pursuant to this section.

(c) Order the child, if he is at least 18 years of age or an emancipated minor, or the parent or legal guardian of the child, to the extent of the financial resources of the child or his parent or legal guardian, to pay any charges relating to the evaluation and treatment of the child pursuant to this section. If the child, or his parent or legal guardian, does not have the financial resources to pay all of those charges:

(1) The judge shall, to the extent possible, arrange for the child to receive treatment from a treatment facility which receives a sufficient amount of federal or state money to offset the remainder of the costs; and

(2) The judge may order the child to perform supervised work for the benefit of the community in lieu of paying the charges relating to his evaluation and treatment. The work must be performed for and under the supervising authority of a county, city, town or other political subdivision or agency of the State of Nevada or a charitable organization that renders service to the community or its residents. The court may require the child or his parent or legal guardian to deposit with the court a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which the child performs the work, unless, in the case of industrial insurance, it is provided by the authority for which he performs the work.

4. A treatment facility is not liable for any damages to person or property caused by a child who drives while under the influence of an intoxicating liquor or a controlled substance after the treatment facility has certified to his successful completion of a program of treatment ordered pursuant to this section.

5. The provisions of this section do not prohibit a judge from:

(a) Requiring an evaluation to be conducted by a person who is employed by a private company if the company meets the standards of the bureau of alcohol and drug abuse. Such an evaluation may be conducted at an evaluation center pursuant to paragraph (b) of subsection 2.

(b) Ordering the child to attend a program of treatment which is administered by a private company.

6. All information relating to the evaluation or treatment of a child pursuant to this section is confidential and, except as otherwise authorized by the provisions of this chapter or the juvenile court, must not be disclosed to any person other than the juvenile court, the child and his attorney, if any, his parents or guardian, the prosecuting attorney and any other person for whom the communication of that information is necessary to effectuate the evaluation or treatment of the child. A record of any finding that a child has violated the provisions of NRS 484.379 or 484.3795 must be included in the driver’s record of that child for 7 years after the date of the offense.

7. As used in this section:

(a) “Bureau of alcohol and drug abuse” means the bureau of alcohol and drug abuse in [the rehabilitation division of] the department of [employment, training and rehabilitation.]human resources.

(b) “Evaluation center” has the meaning ascribed to it in NRS 484.3793.

Sec. 17. NRS 200.485 is hereby amended to read as follows:

200.485 1. Unless a greater penalty is provided pursuant to NRS 200.481, a person convicted of a battery that constitutes domestic violence pursuant to NRS 33.018:

(a) For the first offense within the immediately preceding 7 years, is guilty of a misdemeanor and shall be sentenced to:

(1) Imprisonment in the city or county jail or detention facility for not less than 2 days, but not more than 6 months; and

(2) Perform not less than 48 hours, but not more than 120 hours, of community service.

The person shall be further punished by a fine of not less than $200, but not more than $1,000. A term of imprisonment imposed pursuant to this paragraph may be served intermittently at the discretion of the judge or justice of the peace, except that each period of confinement must be not less than 4 consecutive hours and must occur either at a time when the person is not required to be at his place of employment or on a weekend.

(b) For the second offense within the immediately preceding 7 years, is guilty of a misdemeanor and shall be sentenced to:

(1) Imprisonment in the city or county jail or detention facility for not less than 10 days, but not more than 6 months; and

(2) Perform not less than 100 hours, but not more than 200 hours, of community service.

The person shall be further punished by a fine of not less than $500, but not more than $1,000.

(c) For the third and any subsequent offense within the immediately preceding 7 years, is guilty of a category C felony and shall be punished as provided in NRS 193.130.

2. In addition to any other penalty, if a person is convicted of a battery which constitutes domestic violence pursuant to NRS 33.018, the court shall:

(a) For the first offense within the immediately preceding 7 years, require him to participate in weekly counseling sessions of not less than 1 1/2 hours per week for not less than 6 months, but not more than 12 months, at his own expense, in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 228.470.

(b) For the second offense within the immediately preceding 7 years, require him to participate in weekly counseling sessions of not less than 1 1/2 hours per week for 12 months, at his own expense, in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 228.470.

3. In addition to any other fine or penalty, the court shall order such a person to pay an administrative assessment of $35. Any money so collected must be paid by the clerk of the court to the state treasurer on or before the fifth day of each month for the preceding month for credit to the account for programs related to domestic violence established pursuant to NRS 228.460.

4. In addition to any other penalty, the court may require such a person to participate, at his own expense, in a program of treatment for the abuse of alcohol or drugs that has been certified by the bureau of alcohol and drug abuse [of the rehabilitation division of] in the department of [employment, training and rehabilitation.]human resources.

5. If a person is charged with committing a battery which constitutes domestic violence pursuant to NRS 33.018, a prosecuting attorney shall not dismiss such a charge in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless he knows, or it is obvious, that the charge is not supported by probable cause or cannot be proved at the time of trial. A court shall not grant probation to and, except as otherwise provided in NRS 4.373 and 5.055, a court shall not suspend the sentence of such a person.

6. For the purposes of this section:

(a) “Battery” has the meaning ascribed to it in paragraph (a) of subsection 1 of NRS 200.481; and

(b) “Offense” includes a battery which constitutes domestic violence pursuant to NRS 33.018 or a violation of the law of any other jurisdiction that prohibits the same or similar conduct.

Sec. 18. NRS 209.4232 is hereby amended to read as follows:

209.4232 “Bureau” means the bureau of alcohol and drug abuse [of the rehabilitation division of]in the department of [employment, training and rehabilitation.]human resources.

Sec. 19. NRS 209.448 is hereby amended to read as follows:

209.448 1. An offender who has no serious infraction of the regulations of the department or the laws of the state recorded against him must be allowed, in addition to the credits provided pursuant to NRS 209.433, 209.443, 209.446 or 209.4465, a deduction of not more than 30 days from the maximum term of his sentence for the successful completion of a program of treatment for the abuse of alcohol or drugs which is conducted jointly by the department and a person certified as a counselor by the bureau of alcohol and drug abuse [of the rehabilitation division of] in the department of [employment, training and rehabilitation.] human resources.

2. The provisions of this section apply to any offender who is sentenced on or after October 1, 1991.

Sec. 20. NRS 211.340 is hereby amended to read as follows:

211.340 1. In addition to the credits on a term of imprisonment provided for in NRS 211.310, 211.320 and 211.330, the sheriff of the county or the chief of police of the municipality in which a prisoner is incarcerated may deduct not more than 5 days from his term of imprisonment if the prisoner:

(a) Successfully completes a program of treatment for the abuse of alcohol or drugs which is conducted jointly by the local detention facility in which he is incarcerated and a person certified as a counselor by the bureau of alcohol and drug abuse [of the rehabilitation division of] in the department of [employment, training and rehabilitation;] human resources; and

(b) Is awarded a certificate evidencing his successful completion of the program.

2. The provisions of this section apply to any prisoner who is sentenced on or after October 1, 1991, to a term of imprisonment of 90 days or more.

Sec. 21. NRS 232.940 is hereby amended to read as follows:

232.940 The rehabilitation division of the department consists of the following bureaus:

1. Bureau of services to the blind and visually impaired.

2. [Bureau of alcohol and drug abuse.

3.] Bureau of vocational rehabilitation.

Sec. 22. NRS 484.3793 is hereby amended to read as follows:

484.3793 As used in NRS 484.3793 to 484.37947, inclusive:

1. “Evaluation center” means a facility which is approved by the bureau of alcohol and drug abuse [of the rehabilitation division of] in the department of [employment, training and rehabilitation] human resources to provide an evaluation of an offender to a court in order to determine if the offender is an abuser of alcohol or another drug. The term includes a facility operated by a court or other governmental agency.

2. “Treatment facility” means a facility for the treatment of abuse of alcohol or drugs, which is certified by the bureau of alcohol and drug abuse [of the rehabilitation division of]in the department of [employment, training and rehabilitation.]human resources.

Sec. 23. NRS 484.37935 is hereby amended to read as follows:

484.37935 The bureau of alcohol and drug abuse [of the rehabilitation division of]in the department of [employment, training and rehabilitation] human resources shall adopt by regulation the standards to be used for approving the operation of a facility as an evaluation center for the purposes of NRS 484.37937 to 484.37945, inclusive.

Sec. 24. NRS 484.37937 is hereby amended to read as follows:

484.37937 1. Except as otherwise provided in subsection 2, a person who is found guilty of a first violation of NRS 484.379 may, at that time or any time before he is sentenced, apply to the court to undergo a program of treatment for alcoholism or drug abuse which is certified by the bureau of alcohol and drug abuse [of the rehabilitation division of] in the department of [employment, training and rehabilitation] human resources for at least 6 months. The court shall authorize such treatment if:

(a) The person is diagnosed as an alcoholic or abuser of drugs by a:

(1) Counselor or other person certified to make that diagnosis by the bureau of alcohol and drug abuse [of the rehabilitation division of] in the department of [employment, training and rehabilitation;] human resources; or

(2) Physician certified to make that diagnosis by the board of medical examiners;

(b) He agrees to pay the cost of the treatment to the extent of his financial resources; and

(c) He has served or will serve a term of imprisonment in jail of 1 day, or has performed or will perform 48 hours of work for the community.

2. A person may not apply to the court to undergo a program of treatment pursuant to subsection 1 if, within the immediately preceding 7 years, he has been found guilty of:

(a) A violation of NRS 484.3795;

(b) A homicide resulting from driving a vehicle while under the influence of intoxicating liquor or a controlled substance; or

(c) A violation of the law of any other jurisdiction which prohibits the same or similar conduct as set forth in paragraph (a) or (b).

3. For the purposes of subsection 1, a violation of the law of any other jurisdiction which prohibits the same or similar conduct as NRS 484.379 constitutes a violation of NRS 484.379.

4. A prosecuting attorney may, within 10 days after receiving notice of an application for treatment pursuant to this section, request a hearing on the question of whether the offender is eligible to undergo a program of treatment for alcoholism or drug abuse. The court shall order a hearing on the application upon the request of the prosecuting attorney or may order a hearing on its own motion. The hearing must be limited to the question of whether the offender is eligible to undergo such a program of treatment.

5. At the hearing on the application for treatment, the prosecuting attorney may present the court with any relevant evidence on the matter. If a hearing is not held, the court shall decide the matter upon affidavits and other information before the court.

6. If the court grants an application for treatment, the court shall:

(a) Immediately sentence the offender and enter judgment accordingly.

(b) Suspend the sentence of the offender for not more than 3 years upon the condition that the offender be accepted for treatment by a treatment facility, that he complete the treatment satisfactorily and that he comply with any other condition ordered by the court.

(1) If he is accepted for treatment by such a facility, he may be placed under the supervision of the facility for a period not to exceed 3 years and during treatment he may be confined in an institution or, at the discretion of the facility, released for treatment or supervised aftercare in the community.

(2) If he is not accepted for treatment by such a facility or he fails to complete the treatment satisfactorily, he shall serve the sentence imposed by the court. Any sentence of imprisonment must be reduced by a time equal to that which he served before beginning treatment.

(3) If he completes the treatment satisfactorily, his sentence will be reduced to a term of imprisonment which is no longer than that provided for the offense in paragraph (c) of subsection 1 and a fine of not more than the minimum fine provided for the offense in NRS 484.3792, but the conviction must remain on his record of criminal history.

7. The court shall administer the program of treatment pursuant to the procedures provided in NRS 458.320 and 458.330, except that the court:

(a) Shall not defer the sentence, set aside the conviction or impose conditions upon the election of treatment except as provided in this section.

(b) May immediately revoke the suspension of sentence for a violation of any condition of the suspension.

8. The court shall notify the department, on a form approved by the department, upon granting the application of the offender for treatment and his failure to be accepted for or complete treatment.

Sec. 25. NRS 484.3794 is hereby amended to read as follows:

484.3794 1. Except as otherwise provided in subsection 2, a person who is found guilty of a second violation of NRS 484.379 within 7 years may, at that time or any time before he is sentenced, apply to the court to undergo a program of treatment for alcoholism or drug abuse which is certified by the bureau of alcohol and drug abuse [of the rehabilitation division of]in the department of [employment, training and rehabilitation] human resources for at least 1 year if:

(a) He is diagnosed as an alcoholic or abuser of drugs by a:

(2) Physician certified to make that diagnosis by the board of medical examiners;

(b) He agrees to pay the costs of the treatment to the extent of his financial resources; and

(c) He has served or will serve a term of imprisonment in jail of 5 days, and if required pursuant to NRS 484.3792, has performed or will perform not less than 50 hours, but not more than 100 hours, of work for the community.

2. A person may not apply to the court to undergo a program of treatment pursuant to subsection 1 if, within the immediately preceding 7 years, he has been found guilty of:

(a) A violation of NRS 484.3795;

(b) A homicide resulting from driving a vehicle while under the influence of intoxicating liquor or a controlled substance; or

(c) A violation of the law of any other jurisdiction which prohibits the same or similar conduct as set forth in paragraph (a) or (b).

3. For the purposes of subsection 1, a violation of the law of any other jurisdiction which prohibits the same or similar conduct as NRS 484.379 constitutes a violation of NRS 484.379.

4. A prosecuting attorney may, within 10 days after receiving notice of an application for treatment pursuant to this section, request a hearing on the matter. The court shall order a hearing on the application upon the request of the prosecuting attorney or may order a hearing on its own motion.

6. If the court determines that an application for treatment should be granted, the court shall:

(a) Immediately sentence the offender and enter judgment accordingly.

(3) If he completes the treatment satisfactorily, his sentence will be reduced to a term of imprisonment which is no longer than that provided for the offense in paragraph (c) of subsection 1 and a fine of not more than the minimum provided for the offense in NRS 484.3792, but the conviction must remain on his record of criminal history.

7. The court shall administer the program of treatment pursuant to the procedures provided in NRS 458.320 and 458.330, except that the court:

(a) Shall not defer the sentence, set aside the conviction or impose conditions upon the election of treatment except as provided in this section.

(b) May immediately revoke the suspension of sentence for a violation of a condition of the suspension.

8. The court shall notify the department, on a form approved by the department, upon granting the application of the offender for treatment and his failure to be accepted for or complete treatment.

Sec. 26. NRS 484.37943 is hereby amended to read as follows:

484.37943 1. If a person is found guilty of a first violation, if the weight of alcohol in the defendant’s blood at the time of the offense was 0.18 percent or more, or any second violation of NRS 484.379 within 7 years, the court shall, before sentencing the offender, require an evaluation of the offender pursuant to subsection 3, 4 or 5 to determine whether he is an abuser of alcohol or other drugs.

2. If a person is convicted of a first violation of NRS 484.379 and he is under 21 years of age at the time of the violation, the court shall, before sentencing the offender, require an evaluation of the offender pursuant to subsection 3, 4 or 5 to determine whether he is an abuser of alcohol or other drugs.

3. Except as otherwise provided in subsection 4 or 5, the evaluation of an offender pursuant to this section must be conducted at an evaluation center by:

(a) A counselor certified to make that evaluation by the bureau of alcohol and drug abuse [of the rehabilitation division of] in the department of [employment, training and rehabilitation;] human resources;

(b) A physician certified to make that evaluation by the board of medical examiners; or

(c) A person who is approved to make that evaluation by the bureau of alcohol and drug abuse [of the rehabilitation division of] in the department of [employment, training and rehabilitation,]human resources,

who shall report to the court the results of the evaluation and make a recommendation to the court concerning the length and type of treatment required for the offender.

4. The evaluation of an offender who resides more than 30 miles from an evaluation center may be conducted outside an evaluation center by a person who has the qualifications set forth in subsection 3. The person who conducts the evaluation shall report to the court the results of the evaluation and make a recommendation to the court concerning the length and type of treatment required for the offender.

5. The evaluation of an offender who resides in another state may, upon approval of the court, be conducted in the state where the offender resides by a physician or other person who is authorized by the appropriate governmental agency in that state to conduct such an evaluation. The offender shall ensure that the results of the evaluation and the recommendation concerning the length and type of treatment for the offender are reported to the court.

6. An offender who is evaluated pursuant to this section shall pay the cost of the evaluation. An evaluation center or a person who conducts an evaluation in this state outside an evaluation center shall not charge an offender more than $100 for the evaluation.

Sec. 27. NRS 484.37947 is hereby amended to read as follows:

484.37947 The provisions of NRS 484.37943 and 484.37945 do not prohibit a court from:

1. Requiring an evaluation pursuant to NRS 484.37943 to be conducted by an evaluation center that is administered by a private company if the company meets the standards of the bureau of alcohol and drug abuse [of the rehabilitation division of]in the department of [employment, training and rehabilitation]human resources pursuant to NRS 484.37935; or

2. Ordering the offender to attend a program of treatment that is administered by a private company.

Sec. 28. NRS 484.3796 is hereby amended to read as follows:

484.3796 1. Before sentencing an offender pursuant to NRS 484.3795 or paragraph (c) of subsection 1 of NRS 484.3792, the court shall require that the offender be evaluated to determine whether he is an abuser of alcohol or drugs and whether he can be treated successfully for his condition.

2. The evaluation must be conducted by:

(a) A counselor certified to make such an evaluation by the bureau of alcohol and drug abuse [of the rehabilitation division of] in the department of [employment, training and rehabilitation;] human resources;

(b) A physician certified to make such an evaluation by the board of medical examiners; or

3. The counselor, physician or psychologist who conducts the evaluation shall immediately forward the results of the evaluation to the director of the department of prisons.

Sec. 29. NRS 488.430 is hereby amended to read as follows:

488.430 1. Before sentencing a defendant pursuant to NRS 488.420, the court shall require that the defendant be evaluated to determine whether he is an abuser of alcohol or drugs and whether he can be treated successfully for his condition.

2. The evaluation must be conducted by:

(b) A physician certified to make such an evaluation by the board of medical examiners; or

3. The counselor, physician or psychologist who conducts the evaluation shall immediately forward the results of the evaluation to the director of the department of prisons.

Sec. 30. NRS 608.156 is hereby amended to read as follows:

608.156 1. If an employer provides health benefits for his employees, he shall provide benefits for the expenses for the treatment of abuse of alcohol and drugs. The annual benefits provided by the employer must consist of:

(a) Treatment for withdrawal from the physiological effects of alcohol or drugs, with a maximum benefit of $1,500 per calendar year.

(b) Treatment for a patient admitted to a facility, with a maximum benefit of $9,000 per calendar year.

(c) Counseling for a person, group or family who is not admitted to a facility, with a maximum benefit of $2,500 per calendar year.

2. The maximum amount which may be paid in the lifetime of the insured for any combination of the treatments listed in subsection 1 is $39,000.

3. These benefits must be paid in the same manner as benefits for any other illness covered by the employer are paid.

4. The employee is entitled to these benefits if treatment is received in any:

(a) Facility for the treatment of abuse of alcohol or drugs which is certified by the bureau of alcohol and drug abuse in [the rehabilitation division of] the department of [employment, training and rehabilitation.] human resources.

(b) Hospital or other medical facility or facility for the dependent which is licensed by the health division of the department of human resources, accredited by the Joint Commission on Accreditation of Hospitals and provides a program for the treatment of abuse of alcohol or drugs as part of its accredited activities.

Sec. 31. NRS 641.029 is hereby amended to read as follows:

641.029 This chapter does not apply to:

1. A physician licensed to practice in this state;

2. A person licensed to practice dentistry in this state;

3. A person licensed as a marriage and family therapist pursuant to chapter 641A of NRS;

4. A person licensed to engage in social work pursuant to chapter 641B of NRS;

5. A person licensed as an occupational therapist or occupational therapy assistant pursuant to NRS 640A.010 to 640A.230, inclusive;

6. A person certified as a counselor by the bureau of alcohol and drug abuse [of the rehabilitation division of] in the department of [employment, training and rehabilitation;] human resources; or

7. Any clergyman,

if such a person does not commit an act described in NRS 641.440 or represent himself as a psychologist.

Sec. 32. NRS 641B.040 is hereby amended to read as follows:

641B.040 This chapter does not apply to:

1. A physician licensed to practice in this state;

2. A nurse licensed to practice in this state;

3. A person licensed as a psychologist pursuant to chapter 641 of NRS;

4. A person certified as a marriage and family counselor pursuant to chapter 641A of NRS;

5. A person licensed as an occupational therapist or occupational therapy assistant pursuant to NRS 640A.010 to 640A.230, inclusive;

6. A person certified as a counselor by the bureau of alcohol and drug abuse [of the rehabilitation division of] in the department of [employment, training and rehabilitation;]human resources;

7. Any clergyman;

8. A county welfare director;

9. Any person who may engage in social work or clinical social work in his regular governmental employment but does not hold himself out to the public as a social worker; or

10. A student of social work and any other person preparing for the profession of social work under the supervision of a qualified social worker in a training institution or facility recognized by the board, unless the student or other person has been issued a provisional license pursuant to paragraph (b) of subsection 1 of NRS 641B.275. Such a student must be designated by the title “student of social work” or “trainee in social work,” or any other title which clearly indicates his training status.

Sec. 33. NRS 689A.046 is hereby amended to read as follows:

689A.046 1. The benefits provided by a policy for health insurance for treatment of the abuse of alcohol or drugs must consist of:

(a) Treatment for withdrawal from the physiological effect of alcohol or drugs, with a minimum benefit of $1,500 per calendar year.

(b) Treatment for a patient admitted to a facility, with a minimum benefit of $9,000 per calendar year.

(c) Counseling for a person, group or family who is not admitted to a facility, with a minimum benefit of $2,500 per calendar year.

2. These benefits must be paid in the same manner as benefits for any other illness covered by a similar policy are paid.

3. The insured person is entitled to these benefits if treatment is received in any:

Sec. 34. NRS 689B.036 is hereby amended to read as follows:

689B.036 1. The benefits provided by a group policy for health insurance, as required in subsection 5 of NRS 689B.030, for treatment of the abuse of alcohol or drugs must consist of:

(a) Treatment for withdrawal from the physiological effects of alcohol or drugs, with a minimum benefit of $1,500 per calendar year.

(b) Treatment for a patient admitted to a facility, with a minimum benefit of $9,000 per calendar year.

(c) Counseling for a person, group or family who is not admitted to a facility, with a minimum benefit of $2,500 per calendar year.

2. These benefits must be paid in the same manner as benefits for any other illness covered by a similar policy are paid.

3. The insured person is entitled to these benefits if treatment is received in any:

Sec. 34.5. NRS 695B.194 is hereby amended to read as follows:

695B.194 1. The annual benefits provided by a policy for group health insurance issued by a medical service corporation, as required by subsection 8 of NRS 695B.180, for treatment of the abuse of alcohol or drugs must consist of:

(a) Treatment for withdrawal from the physiological effects of alcohol or drugs, with a minimum benefit of $1,500 per calendar year.

(b) Treatment for a patient admitted to a facility, with a minimum benefit of $9,000 per calendar year.

(c) Counseling for a person, group or family who is not admitted to a facility, with a minimum benefit of $2,500 per calendar year.

2. These benefits must be paid in the same manner as benefits for any other illness covered by a similar policy are paid.

3. The insured person is entitled to these benefits if treatment is received in any:

Sec. 35. NRS 695C.174 is hereby amended to read as follows:

695C.174 1. The benefits provided by health maintenance plans for treatment of the abuse of alcohol or drugs as required by subparagraph (5) of paragraph (b) of subsection 3 of NRS 695C.170, must consist of:

(a) Treatment for withdrawal from the physiological effects of alcohol or drugs, with a minimum benefit of $1,500 per calendar year.

(b) Treatment for a patient admitted to a facility, with a minimum benefit of $9,000 per calendar year.

(c) Counseling for a person, group or family who is not admitted to a facility, with a minimum benefit of $2,500 per calendar year.

2. These benefits must be paid in the same manner as benefits for any other illness covered by a similar policy are paid.

3. The insured person is entitled to these benefits if treatment is received in any:

Sec. 36. Section 15 of Senate Bill No. 101 of this session is hereby amended to read as follows:

Sec. 15. NRS 453.1545 is hereby amended to read as follows:

(a) Be designed to provide information regarding [the] :

(1) The inappropriate use by a patient of controlled substances listed in schedules II, III and IV to pharmacies, practitioners and appropriate state agencies in order to prevent the improper or illegal use of such controlled substances[.] ; and

(2) Statistical data relating to the use of such controlled substances that is not specific to a particular patient.

(b) Be administered by the board, the division, the bureau of alcohol and drug abuse in the department of human resources and various practitioners, representatives of professional associations for practitioners, representatives of occupational licensing boards and prosecuting attorneys selected by the board and the division.

3. The board or division shall report any activity it reasonably suspects may be fraudulent or illegal to the appropriate law enforcement agency or occupational licensing board and provide the law enforcement agency or occupational licensing board with the relevant information obtained from the program for further investigation.

4. Information obtained from the program relating to a practitioner or a patient is confidential and, except as otherwise provided by this section, must not be disclosed to any person. [Information obtained from the program] Such information must be disclosed:

(a) Upon the request of a person about whom the information requested concerns or upon the request on his behalf by his attorney; or

(b) Upon the lawful order of a court of competent jurisdiction.

5. The board and the division may apply for any available grants and accept any gifts, grants or donations to assist in developing and maintaining the program required by this section.

Sec. 37. 1. The department of human resources shall establish three pilot projects in family resource centers as follows:

(a) One pilot project must be located in a family resource center that is located in a county whose population is 400,000 or more;

(b) One pilot project must be located in a family resource center that is located in a county whose population is 100,000 or more but less than 400,000; and

(c) One pilot project must be located in a family resource center that is located in a county whose population is less than 100,000.

2. Each pilot project must provide families with services related to the prevention of substance abuse and intervention into problems of substance abuse.

3. The commission shall:

(a) Define the scope of the services that must be provided by the pilot projects;

(b) Prepare requests for proposals based on the scope of the services needed;

(d) Accept such proposals; and

(e) Review on a competitive basis the proposals submitted and award the pilot projects.

4. The local governing board of a family resource center in which a pilot project has been established shall, for each calendar year in which the family resource center provides services pursuant to the pilot project, submit a report to the commission and the director of the department of human resources, and to the director of the legislative counsel bureau for transmittal to the appropriate legislative committees. The report must include:

(a) The kinds of services offered pursuant to the pilot project during the previous 12 months;

(b) The number of adolescents and adults who received services pursuant to the pilot project during the previous 12 months;

(c) An estimate of the number of adolescents and adults in the community served by the family resource center who are or may be in need of services relating to substance abuse, and a description of the services needed; and

(d) Such other information as the commission or the director of the department of human resources requests.

5. As used in this section:

(a) “Commission” means the commission on substance abuse education, prevention, enforcement and treatment created within the department of motor vehicles and public safety pursuant to NRS 458.380.

(b) “Family resource center” means a family resource center established and operated pursuant to chapter 430A of NRS.

Sec. 38. The bureau of alcohol and drug abuse in the department of human resources shall make available from its existing federal and state funding sources the sum of $158,400 for the three pilot projects to be established pursuant to section 37 of this act.

Sec. 39. The state treasurer shall transfer any balance remaining unexpended on June 30, 1999, in the state grant and gift account for alcohol and drug abuse in the department of employment, training and rehabilitation’s gift fund to the state grant and gift account for alcohol and drug abuse which is created in the department of human resources’ gift fund pursuant to section 11 of this act.

Sec. 40. 1. Any regulations adopted by the bureau of alcohol and drug abuse in the rehabilitation division of the department of employment, training and rehabilitation remain in force until amended by the bureau of alcohol and drug abuse in the department of human resources. Such regulations must be enforced by the bureau of alcohol and drug abuse in the department of human resources.

2. Any contracts or other agreements entered into by the bureau of alcohol and drug abuse in the rehabilitation division of the department of employment, training and rehabilitation, or the department of employment, training or rehabilitation pursuant to NRS 458.035 are binding on the bureau of alcohol and drug abuse in the department of human resources or the department of human resources, as appropriate. Such contracts or other agreements must be enforced by the bureau of alcohol and drug abuse in the department of human resources or the department of human resources, as appropriate.

Sec. 41. On and after July 1, 1999, any certifications issued by the bureau of alcohol and drug abuse in the rehabilitation division of the department of employment, training and rehabilitation to facilities, programs or personnel pursuant to NRS 458.025 before July 1, 1999, shall be deemed to have been issued by the bureau of alcohol and drug abuse in the department of human resources.

Sec. 42. This act becomes effective on July 1, 1999.

Sec. 43. The legislative counsel shall:

1. In preparing the reprint and supplements to the Nevada Revised Statutes, with respect to any section that is not amended by this act or is further amended by another act, appropriately change any references to the bureau of alcohol and drug abuse in the rehabilitation division of the department of employment, training and rehabilitation to the bureau of alcohol and drug abuse in the department of human resources.

2. In preparing supplements to the Nevada Administrative Code, appropriately change any references to the bureau of alcohol and drug abuse in the rehabilitation division of the department of employment, training and rehabilitation to the bureau of alcohol and drug abuse in the department of human resources.”.

Amend the title of the bill to read as follows:

“AN ACT relating to public health; providing for the transfer of the bureau of alcohol and drug abuse from the department of employment, training and rehabilitation to the department of human resources; providing for additional services relating to substance abuse and mental health; requiring the commission on substance abuse education, prevention, enforcement and treatment to conduct annual evaluations of programs to treat substance abuse; requiring the establishment of pilot projects in family resource centers to provide services relating to substance abuse; and providing other matters properly relating thereto.”.

Assemblywoman Leslie moved the adoption of the amendment.

Remarks by Assemblywoman Leslie.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 220.

Bill read second time.

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

Amendment No. 857.

Amend section 1, page 1, line 3, by deleting “$1,000,000” and inserting “$500,000”.

Assemblyman Perkins moved the adoption of the amendment.

Remarks by Assemblyman Perkins.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblywoman Buckley moved that Senate Bill No. 451 just reported out of committee, be placed on the Second Reading File.

Remarks by Assemblywoman Buckley.

Motion carried.

SECOND READING AND AMENDMENT

Assembly Bill No. 343.

Bill read second time.

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

Amendment No. 858.

Amend section 1, page 1, line 3, by deleting “$188,493” and inserting “$161,478”.

Assemblyman Perkins moved the adoption of the amendment.

Remarks by Assemblyman Perkins.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 346.

Bill read second time.

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

Amendment No. 832.

Amend section 1, page 1, line 3, by deleting “$815,627” and inserting “$816,788”.

Assemblyman Perkins moved the adoption of the amendment.

Remarks by Assemblyman Perkins.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Joint Resolution No. 22.

Resolution read second time.

The following amendment was proposed by the Committee on Constitutional Amendments:

Amendment No. 775.

Amend the resolution, page 1, line 12, by deleting “three”.

Amend the resolution, page 1, by deleting lines 14 and 15 and inserting:

“section. The initial terms of the judges must be staggered so that at least one judge serves for an initial term of 2 years, at least one for 4 years and at least one for 6”.

Amend the resolution, page 3, line 41, by deleting “[increased or]” and inserting “increased or”.

Amend the resolution, page 4, by deleting lines 9 through 13 and inserting:

“judicial selection.

[2. The] Except as otherwise provided in subsection 2, the term of office of any justice or judge so appointed expires on the first Monday of January following the [next] first general election [.] that is held at least 12 calendar months after the date on which the appointment was made. At that general election, a justice or judge must be elected to fill the remainder of the term.

2. If the date on which the appointment was made is within the 12 calendar months immediately preceding the expiration of the term of the vacated office, the term of office of the justice or judge appointed pursuant to subsection 1 is the remainder of the unexpired term of office.

3. Each nomination for the supreme court [shall] or the court of”.

Amend the resolution, page 4, line 20, by deleting “[4.] 3.” and inserting “4.”.

Amend the resolution, page 4, line 28, by deleting “[5.] 4.” and inserting “5.”.

Amend the resolution, page 4, line 34, by deleting “[6.] 5.” and inserting “6.”.

Amend the resolution, page 5, line 1, by deleting “[7.] 6.” and inserting “7.”.

Amend the resolution, page 5, line 7, by deleting “[8.] 7.” and inserting “8.”.

Assemblyman Price moved the adoption of the amendment.

Remarks by Assemblyman Price.

Amendment adopted.

Resolution ordered reprinted, re-engrossed and to third reading.

Senate Bill No. 16.

Bill read second time.

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

Amendment No. 776.

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

“(a) To ask or encourage a”.

Amend section 1, pages 1 and 2, by deleting lines 16 and 17 on page 1 and lines 1 through 7 on page 2.

Amend section 1, page 2, line 8, by deleting “4.” and inserting “2.”.

Assemblywoman Buckley moved the adoption of the amendment.

Remarks by Assemblywoman Buckley.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 35.

Bill read second time.

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

Amendment No. 799.

Amend sec. 7, page 2, by deleting lines 21 through 23 and inserting:

“3. A permit is valid for 2 years after the date of issuance.”.

Amend sec. 13, page 4, by deleting line 4 and inserting:

“that were committed before July 1, 2000.”.

Amend the bill as a whole by adding a new section designated sec. 14, following sec. 13, to read as follows:

“Sec. 14. This act becomes effective on July 1, 1999, for the purpose of adopting regulations by the department of motor vehicles and public safety that are necessary to carry out the provisions of sections 2 to 9, inclusive, of this act and on July 1, 2000, for all other purposes.”.

Assemblywoman Freeman moved the adoption of the amendment.

Remarks by Assemblywoman Freeman.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

Senate Bill No. 46.

Bill read second time and ordered to third reading.

Senate Bill No. 48.

Bill read second time.

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

Amendment No. 835.

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

“4. If the board of trustees of a school district has established such a fund and the school district is located in a county in which at least 25 percent of the revenue in the general fund attributable to the levy of property taxes was, for each of the immediately preceding 2 fiscal years, derived from the proceeds from the tax on the net proceeds of minerals, the balance in the fund must not exceed 15 percent of the expenditures from the”.

Assemblyman Bache moved the adoption of the amendment.

Remarks by Assemblyman Bache.

Amendment adopted.

Assemblyman Bache moved that upon return from the printer Senate Bill No. 48 be re-referred to the Committee on Ways and Means.

Motion carried.

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

Senate Bill No. 71.

Bill read second time and ordered to third reading.

Senate Bill No. 73.

Bill read second time and ordered to third reading.

Senate Bill No. 81.

Bill read second time and ordered to third reading.

Senate Bill No. 105.

Bill read second time and ordered to third reading.

Senate Bill No. 106.

Bill read second time and ordered to third reading.

Senate Bill No. 108.

Bill read second time and ordered to third reading.

Senate Bill No. 118.

Bill read second time and ordered to third reading.

Senate Bill No. 129.

Bill read second time and ordered to third reading.

Senate Bill No. 161.

Bill read second time.

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

Amendment No. 801.

Amend sec. 2, page 1, by deleting lines 4 through 6 and inserting:

“may operate or maintain in this state a halfway house for alcohol and drug abusers without first obtaining a certificate therefor from the bureau.

2. A person who operates a halfway house for alcohol and drug abusers without a”.

Amend sec. 3, page 1, lines 8 and 9, by deleting:

“transitional housing facility” and inserting:

“halfway house for alcohol and drug abusers”.

Amend sec. 4, page 1, lines 13 and 14, by deleting:

“transitional housing facility,” and inserting:

“halfway house for alcohol and drug abusers,”.

Amend sec. 4, page 1, line 16, by deleting “facility.” and inserting “halfway house.”.

Amend sec. 4, page 2, by deleting lines 1 through 4 and inserting:

“2. Upon receipt of a complaint against a halfway house for alcohol and drug abusers, conduct an investigation into the premises, qualification of personnel, methods of operation, policies, procedures and records of that halfway house.

3. Inspect a halfway house for alcohol and drug abusers at any time, with or without”.

Amend sec. 5, page 2, line 7, by deleting:

“transitional housing facility” and inserting:

“halfway house for alcohol and drug abusers”.

Amend sec. 5, page 2, line 15, by deleting:

“transitional housing facility” and inserting:

“halfway house for alcohol and drug abusers”.

Amend sec. 5, page 2, line 17, by deleting “facility” and inserting “halfway house”.

Amend sec. 7, page 2, line 30, by deleting:

“transitional housing facility:” and inserting:

“halfway house for alcohol and drug abusers:”.

Amend sec. 7, page 2, line 36, by deleting “facility” and inserting “halfway house”.

Amend sec. 8, page 2, lines 37 and 38, by deleting:

“transitional housing facility” and inserting:

“halfway house for alcohol and drug abusers”.

Amend sec. 9, page 3, by deleting lines 22 through 26 and inserting:

“10. “Halfway house for alcohol and drug abusers” means a residence that provides housing and a living environment for alcohol and drug abusers and is operated to facilitate their reintegration into the community, but does not provide treatment for alcohol or drug abuse. The term does not include a facility for”.

Amend sec. 10, page 4, by deleting lines 13 and 14 and inserting:

“or deny certification of any halfway houses for alcohol and drug abusers, facilities, programs or personnel on the basis of the standards, and publish a list of certified halfway houses for alcohol and drug abusers, facilities, programs and”.

Amend sec. 10, page 4, line 20, after “certification of” by inserting:

“halfway houses for alcohol and drug abusers,”.

Amend sec. 10, page 4, by deleting lines 23 though 25 and inserting:

“exceed [$100.] the actual cost to the bureau of issuing the certificate.

4. Upon request from a facility which is self-supported, may certify the facility, its programs and”.

Amend the bill as a whole by renumbering sections 11 and 12 as sections 14 and 15 and adding new sections designated sections 11 through 13, following sec. 10, to read as follows:

“Sec. 11. NRS 458.026 is hereby amended to read as follows:

458.026 1. An applicant for the issuance or renewal of his certification as personnel of an alcohol or drug abuse program or a facility , or as the operator of a halfway house for alcohol and drug abusers, shall submit to the bureau the statement prescribed by the welfare division of the department of human resources pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

2. The bureau shall include the statement required pursuant to subsection 1 in:

(a) The application or any other forms that must be submitted for the issuance or renewal of the certification; or

(b) A separate form prescribed by the bureau.

3. The certification of a person as personnel of an alcohol or drug abuse program or a facility , or as the operator of a halfway house for alcohol and drug abusers, may not be issued or renewed by the bureau if the applicant:

(a) Fails to complete or submit the statement required pursuant to subsection 1; or

(b) Indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

4. If an applicant indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the administrator shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

Sec. 12. NRS 458.027 is hereby amended to read as follows:

458.027 1. If the bureau receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who has been certified as personnel of an alcohol and drug abuse program or a facility, or as the operator of a halfway house for alcohol and drug abusers, the bureau shall deem the certification to be suspended at the end of the 30th day after the date on which the court order was issued unless the bureau receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person who has been certified stating that the person has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

2. The bureau shall reinstate the certification of a person as personnel of an alcohol and drug abuse program or a facility , or as the operator of a halfway house for alcohol and drug abusers, that has been suspended by a district court pursuant to NRS 425.540 if the bureau receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose certification was suspended stating that the person whose certification was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

Sec. 13. NRS 458.028 is hereby amended to read as follows:

458.028 An application for the certification of personnel of an alcohol and drug abuse program or a facility , or as the operator of a halfway house for alcohol and drug abusers, must include the social security number of the applicant.”.

Amend the title of the bill to read as follows:

“AN ACT relating to substance abuse; requiring halfway houses for alcohol and drug abusers to be certified by the bureau of alcohol and drug abuse in the rehabilitation division of the department of employment, training and rehabilitation; revising the fees that may be charged by the bureau for certifying facilities, programs or personnel; providing a penalty; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Provides for regulation of halfway houses for alcohol and drug abusers. (BDR 40‑131)”.

Assemblywoman Freeman moved the adoption of the amendment.

Remarks by Assemblywoman Freeman.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

Senate Bill No. 163.

Bill read second time and ordered to third reading.

Senate Bill No. 179.

Bill read second time and ordered to third reading.

Senate Bill No. 181.

Bill read second time.

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

Amendment No. 773.

Amend the bill as a whole by renumbering sections 3 through 8 as sections 4 through 9 and adding a new section designated sec. 3, following sec. 2, to read as follows:

“Sec. 3. NRS 631.275 is hereby amended to read as follows:

631.275 1. Except as otherwise provided in subsection 2, the board shall, without examination, issue a restricted license to practice dentistry to a person who:

(a) Has a valid license to practice dentistry issued pursuant to the laws of another state or the District of Columbia;

(b) Has received a degree from a dental school or college accredited by the American Dental Association Commission on Dental Accreditation, or its successor organization;and

(d)] Has entered into a contract with a facility approved by the health division of the department of human resources to provide publicly funded dental services exclusively to persons of low income for the duration of the restricted license.

2. The board shall not issue a restricted license to a person:

(a) Who has failed to pass the examination of the board;

(b) Who has been refused a license in this state, another state or territory of the United States or the District of Columbia; or

(c) Whose license to practice dentistry has been revoked in this state, another state or territory of the United States or the District of Columbia.

3. A person to whom a restricted license is issued pursuant to subsection 1:

(a) May perform dental services only:

(1) Under the supervision of a dentist who is licensed to practice dentistry in this state and appointed by the health division of the department of human resourcesto supervise dental care that is provided in a facility which has entered into a contract with the person to whom a restricted license is issued and which is approved by the health division of the department; and

(2) In accordance with the contract required pursuant to paragraph [(d)](c) of that subsection.

(b) Shall not, for the duration of the restricted license, engage in the private practice of dentistry, which includes, without limitation, providing dental services to a person who pays for the services.

4. A person who receives a restricted license must pass the examination of the board within [1 year]3 years after receiving his restricted license. If the person fails to pass that examination, the board shall revoke the restricted license.

5. The board may revoke a restricted license at any time.”.

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

“revising provisions relating to restricted licenses to practice dentistry;”.

Assemblywoman Buckley moved the adoption of the amendment.

Remarks by Assemblywoman Buckley.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

Senate Bill No. 266.

Bill read second time and ordered to third reading.

Senate Bill No. 273.

Bill read second time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 808.

Amend sec. 2, page 2, by deleting lines 16 through 23 and inserting:

“A defendant charged with the commission of a category A or B felony who is admitted to bail on a surety bond and who:

1. While admitted to bail, is taken into custody in the same jurisdiction in which he was admitted to bail and is charged with the commission of another category A or B felony; and

2. Is ordered to be released from custody without bail,

must not be released from custody pursuant to NRS 178.4851 until the law enforcement agency that conducted the initial booking procedure for the defendant for the subsequent felony has notified the bail agent that issued the surety bond of the release of the defendant.”.

Amend the bill as a whole by deleting sec. 3 and renumbering sections 4 through 9 as sections 3 through 8.

Amend sec. 4, page 2, by deleting line 30 and inserting:

“is lawfully required for the commission of a misdemeanor and the failure to appear is not excused [,]or is lawfully required for the commission of a gross misdemeanor or felony, the court shall [direct the fact of”.

Amend sec. 4, page 2, line 33, by deleting “30” and inserting “45”.

Amend sec. 4, page 2, line 42, by deleting “district” and inserting “prosecuting”.

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

“2. Except as otherwise provided in subsection 3 and NRS 178.509, the undertaking or money deposited instead of bail”.

Amend sec. 5, page 3, by deleting lines 22 and 23 and inserting:

“178.509 1. [The] If the defendant fails to appear when his presence in court is lawfully”.

Amend sec. 7, page 5, line 5, by deleting “defendant” and inserting “surety”.

Assemblyman Anderson moved the adoption of the amendment.

Remarks by Assemblyman Anderson.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

Senate Bill No. 287.

Bill read second time and ordered to third reading.

Senate Bill No. 303.

Bill read second time and ordered to third reading.

Senate Bill No. 304.

Bill read second time and ordered to third reading.

Senate Bill No. 318.

Bill read second time and ordered to third reading.

Senate Bill No. 343.

Bill read second time and ordered to third reading.

Senate Bill No. 365.

Bill read second time.

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

Amendment No. 802.

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

“(h) One member who is employed by a privately owned entity that provides emergency medical services; and”.

Amend sec. 3, page 2, line 27, by deleting “and”.

Amend sec. 3, page 2, line 29, by deleting “designee.” and inserting:

“designee; and

(c) A physician who is a member of a committee which consists of directors of trauma centers in this state and who is nominated by that committee.”.

Assemblywoman Freeman moved the adoption of the amendment.

Remarks by Assemblywoman Freeman.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

Senate Bill No. 371.

Bill read second time and ordered to third reading.

Senate Bill No. 397.

Bill read second time.

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

Amendment No. 789.

Amend sec. 3, page 2, line 1, after “entity,” by inserting:

“in consultation with any Indian tribe that has local aboriginal ties to the geographical area in which a unique archeological or historical site is located and”.

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

“the owner of any property that contains a unique archeological or historical site in this state or with any other”.

Amend sec. 3, page 2, line 19, after the semicolon by inserting “and”.

Amend sec. 3, page 2, line 20, by deleting “; and” and inserting an italicized period.

Amend sec. 3, page 2, by deleting line 21.

Assemblyman Bache moved the adoption of the amendment.

Remarks by Assemblyman Bache.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

Senate Bill No. 470.

Bill read second time.

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

Amendment No. 836.

Amend sec. 2, page 2, line 14, by deleting “350.089” and inserting “350.085”.

Assemblyman Bache moved the adoption of the amendment.

Remarks by Assemblyman Bache.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

Senate Bill No. 473.

Bill read second time.

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

Amendment No. 837.

Amend sec. 4, page 5, by deleting line 25 and inserting:

“354.59811 1. Except as otherwise provided in NRS 354.59813,”.

Amend sec. 4, page 5, line 34, by deleting:

“a general or medium-term obligation” and inserting:

“general long-term debt”.

Amend sec. 4, page 5, line 38, by deleting “1.” and inserting “(a)”.

Amend sec. 4, page 6, line 8, by deleting “2.” and inserting “(b)”.

Amend sec. 4, page 6, between lines 14 and 15, by inserting:

“2. As used in this section, “general long-term debt” does not include debt created for medium-term obligations pursuant to NRS 350.085 to 350.095, inclusive.”.

Assemblyman Bache moved the adoption of the amendment.

Remarks by Assemblyman Bache.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

Senate Bill No. 534.

Bill read second time and ordered to third reading.

Senate Bill No. 535.

Bill read second time and ordered to third reading.

Senate Bill No. 538.

Bill read second time and ordered to third reading.

Senate Bill No. 451.

Bill read second time.

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

Amendment No. 908.

Amend sec. 5, page 3, by deleting lines 18 and 19 and inserting:

“Sec. 5. Money in the reserve account of an association required by paragraph (b) of subsection 2 of NRS 116.3115 may not be withdrawn without the”.

Amend sec. 5, page 3, by deleting lines 23 through 42.

Amend sec. 6, page 4, line 5, by deleting “7” and inserting “10”.

Amend sec. 6, page 4, line 9, by deleting “community;” and inserting:

“community or to any other mailing address designated in writing by the unit’s owner;”.

Amend sec. 7, page 5, by deleting lines 24 through 32 and inserting:

“2. The form for registration must include, without limitation, the information required to be maintained pursuant to paragraph (d) of subsection 4 of NRS 116.1116.”.

Amend sec. 14, page 7, by deleting lines 21 through 29 and inserting:

“(d) Compile and maintain a registration of each association organized within the state which includes, without limitation:

(1) The name, address and telephone number of the association;

(2) The name of the person engaged in property management for the common-interest community or the name of the person who manages the property at the site of the common-interest community;

(3) The names, mailing addresses and telephone numbers of the members of the executive board of the association;

(4) The name of the declarant;

(5) The number of units in the common-interest community; and

(6) The total annual assessment made by the association.”.

Amend sec. 16, page 8, by deleting lines 2 and 3 and inserting:

“116.1201 1. Except as otherwise provided in this section and NRS [~~116.1202 and]~~116.1203, this chapter applies to all common-interest”.

Amend sec. 16, page 8, by deleting lines 6 through 9 and inserting:

“(a) Associations created for the limited purpose of maintaining:

(1) The landscape of the common elements of a common-interest community;

(2) Facilities for flood control; or

(3) A rural agricultural residential common-interest community.”.

Amend sec. 16, page 8, line 10, by deleting “(c)” and inserting “(b)”.

Amend sec. 16, page 8, line 18, by deleting “(d)” and inserting “(c)”.

Amend sec. 16, page 8, by deleting line 31 and inserting “1992; or”.

Amend sec. 16, page 8, by deleting lines 33 through 36 and inserting:

“1992, from providing for a representative form of government.”.

Amend sec. 16, page 8, line 42, after “community” by inserting:

“, maintaining facilities for flood control”.

Amend the bill as a whole by adding a new section designated sec. 16.2, following sec. 16, to read as follows:

“Sec. 16.2. NRS 116.1203 is hereby amended to read as follows:

116.1203 1. Except as otherwise provided in subsection 2, if a planned community[:

(a) Contains] contains no more than 12 units and is not subject to any developmental rights , [; or

(b) Provides, in its declaration, that the annual average liability for common expenses of all units restricted to residential purposes, exclusive of optional users’ fees and any insurance premiums paid by the association, may not exceed $500 per unit,]it is subject only to NRS 116.1105, 116.1106 and 116.1107 unless the declaration provides that this entire chapter is applicable.

2. Except for NRS 116.3104, 116.31043, 116.31046 and 116.31138, NRS 116.3101 to 116.3119, inclusive, and 116.11031 to 116.110393, inclusive, to the extent necessary in construing any of those sections, apply to a residential planned community containing more than six units.”.

Amend sec. 19, page 11, by deleting lines 27 through 32 and inserting:

“at least a majority of whom must be units’ owners. The executive board shall elect the officers. The members and”.

Amend sec. 19, page 12, by deleting lines 8 and 9 and inserting:

“unit may be an officer or member of the executive board. In all events where the person serving”.

Amend sec. 21, page 13, by deleting lines 6 and 7 and inserting:

“amounts then due, and control of the account. If the declaration was recorded before October 1, 1999, and, at the time the control of the declarant ends, he has failed to pay his share of the amounts due, the executive”.

Amend sec. 21, page 13, between lines 12 and 13, by inserting:

“The provisions of this subsection do not apply to a time share or time-share project governed by the provisions of chapter 119A of NRS.”.

Amend sec. 22, page 14, by deleting lines 14 and 15 and inserting:

“against all units’ owners. Any rule that is not so uniformly enforced may not be enforced against any unit’s owner.”.

Amend the bill as a whole by adding a new section designated sec. 24.5, following sec. 24, to read as follows:

“Sec. 24.5. NRS 116.3109 is hereby amended to read as follows:

116.3109 1. [Unless]Except as otherwise provided in this section and unless the bylaws provide otherwise, a quorum is present throughout any meeting of the association if persons entitled to cast 20 percent of the votes that may be cast for election of the executive board are present in person or by proxy at the beginning of the meeting.

2. Unless the bylaws specify a larger percentage, a quorum is deemed present throughout any meeting of the executive board if persons entitled to cast 50 percent of the votes on that board are present at the beginning of the meeting.

3. For the purposes of determining whether a quorum is present for the election of any member of the executive board, only the secret written ballots that are returned to the association may be counted.”.

Amend sec. 26, page 18, by deleting lines 36 and 37 and inserting:

“(a) A [~~full-time employee of an association who manages only one association.]~~ person who is engaged in property management for a common-interest community on October 1, 1999, and is granted an exemption from the requirements of subsection 2 by the administrator upon demonstration that he is qualified and competent to engage in property management for a common-interest community.”.

Amend sec. 26, page 19, by deleting lines 2 through 7 and inserting:

“[~~4.]~~ 5. As used in this section, “property management” means the physical,”.

Amend sec. 27, page 19, line 22, by deleting:

“4, 5 and 6:” and inserting:

“4 [~~, 5 and 6:]~~ to 7, inclusive:”.

Amend sec. 27, page 19, by deleting lines 28 and 29 and inserting:

“major components of the common elements. The reserve may be used only for”.

Amend sec. 27, page 20, line 9, after “7.” by inserting:

“The association of a common-interest community created before January 1, 1992, is not required to make an assessment against a vacant lot located within the community that is owned by the declarant.

8.”.

Amend sec. 27, page 20, line 12, by deleting “8.” and inserting “[~~8.]~~ 9.”.

Amend sec. 27, page 20, line 17, by deleting “[~~or agreement]~~” and inserting:

“or written agreement”.

Amend sec. 27, page 20, by deleting line 19 and inserting “allocated.”.

Amend sec. 27, pages 20 and 21, by deleting lines 28 through 43 on page 20 and lines 1 through 7 on page 21 and inserting:

“association. If a civil action is commenced pursuant to this paragraph without the required vote or agreement, the action must be ratified within 90 days after the commencement of the action by a vote or written agreement of the owners of the units to which at least a majority of votes of the members of the association are allocated. If the association, after making a good faith effort, cannot obtain the required vote or agreement to commence or ratify such a civil action, the association may thereafter seek to dismiss the action without prejudice only if a vote or written agreement of the owners of the units to which at least a majority of votes of the members of the association are allocated was obtained at the time the approval to commence or ratify the action was sought.

10. At least 10 days before an association commences or seeks to ratify the commencement of a civil action, the association shall provide a written statement to all units’ owners that includes:

(a) A reasonable estimate of the costs of the civil action, including reasonable attorney’s fees;

(b) An explanation of the potential benefits of the civil action and the potential adverse consequences if the association does not commence the action or if the outcome of the action is not favorable to the association; and

11. No person other than a unit’s owner may request the dismissal of a civil action commenced by the association on the ground that the association failed to comply with any provision of this section.”.

Amend sec. 28, page 21, line 16, by deleting “association.” and inserting:

“association [.] used for residential use.”.

Amend sec. 28.5, page 21, line 38, by deleting “association.” and inserting:

“association used for residential use.”.

Amend sec. 30, page 23, line 21, by deleting “or”.

Amend sec. 30, page 23, by deleting lines 23 through 36 and inserting:

“the purchaser without penalty; or

(g) Disposition of a unit in a planned community [~~in which the declaration limits the average annual assessment of any unit to not more than $500, exclusive of optional users’ fees and any insurance premiums paid by the association, or]~~ which contains no more than 12 units if:

(1) The declarant reasonably believes in good faith that the maximum [~~stated]~~ assessment stated in the declaration will be sufficient to pay the expenses of the planned community; and

(2) The declaration cannot be amended to increase the assessment during the period of the declarant’s control without the consent of all units’ owners.

3. Except as otherwise provided in subsection 2, the provisions of NRS 116.4101 to 116.412, inclusive, do not apply to a planned community described in NRS 116.1203.”.

Amend the bill as a whole by adding a new section designated sec. 32.5, following sec. 32, to read as follows:

“Sec. 32.5. NRS 119A.165 is hereby amended to read as follows:

119A.165 1. If a matter governed by this chapter is also governed by chapter 116 of NRS, compliance with the provisions of chapter 116 of NRS governing the matter which are in addition to or different from the provisions in this chapter governing the same matter is not required. In the event of a conflict between provisions of this chapter and chapter 116 of NRS, the provisions of this chapter prevail.

2. Without limiting the generality of subsection 1, the provisions of sections 3 to 13, inclusive, of his act and NRS 116.3103, 116.31031, 116.31034, 116.3106, 116.31065, 116.3108 to 116.311, inclusive, 116.31139, 116.31145, 116.3115, 116.31155, 116.31162, 116.41095 and 116.4117 do not apply to a time share or a time-share project.”.

Amend sec. 35, page 30, line 39, by deleting “116.1203,”.

Amend the leadlines of repealed sections by deleting the leadline of NRS 116.1203.

Amend the title of the bill by deleting the fifth and sixth lines and inserting:

“interest communities to maintain a registration of each association organized in this state; expanding the authority of”.

Assemblywoman Buckley moved the adoption of the amendment.

Remarks by Assemblywoman Buckley.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to the Concurrent Committee on Judiciary.

Assemblyman Perkins moved that Senate Bill No. 71 be taken from the General File and placed on the Chief Clerk's desk.

Remarks by Assemblyman Perkins.

Motion carried.

INTRODUCTION, FIRST READING AND REFERENCE

By the Committee on Education (emergency request of Dini):

Assembly Bill No. 686—AN ACT relating to public schools; creating the Commission on School Safety and Juvenile Violence; providing for its membership and duties; making an appropriation; and providing other matters properly relating thereto.

Assemblyman Perkins moved that the bill be referred to the Committee on Education.

Motion carried.

general file and third reading

Assembly Bill No. 38.

Bill read third time.

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

Amendment No. 831.

Amend the bill as a whole by renumbering sections 4 through 6 as sections 5 through 7 and adding a new section designated sec. 4, following sec. 3, to read as follows:

“Sec. 4. 1. There is hereby appropriated from the state general fund to the district judges’ salary account of the supreme court the sum of $62,651 for a portion of the salary for the additional district judge required for the fifth judicial district pursuant to section 2 of this act.

2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2001, and reverts to the state general fund as soon as all payments of money committed have been made.”.

Amend sec. 6, page 2, line 25, by deleting:

“4 and 5” and inserting:

“5 and 6”.

Amend sec. 6, page 2, line 27, after “2.” by inserting:

“Section 4 of this act becomes effective on July 1, 2000.

3.”.

Amend the title of the bill, fourth line, after “seat;” by inserting:

“making an appropriation;”.

Assemblyman de Braga moved the adoption of the amendment.

Remarks by Assemblyman de Braga.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

Assembly Bill No. 103.

Bill read third time.

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

Amendment No. 830.

Amend the bill as a whole by renumbering sections 392 through 394 as sections 396 through 398 and adding new sections designated sections 392 through 395, following sec. 391, to read as follows:

“Sec. 392. Section 1 of Assembly Bill No. 135 of this session is hereby amended to read as follows:

Section 1. NRS 555.235 is hereby amended to read as follows:

555.235 As used in NRS 555.235 to 555.249, inclusive:

1. [“Agent” means any person who:

(a) Acts upon the authority of another person possessing a valid nursery license in this state; and

(b) Solicits for the sale of nursery stock.

2. “Container” means any receptacle in which nursery stock is packed for shipment, storage or sale.

3.] “Inspecting officer” means a person authorized by the department to inspect nursery stock.

[4.] 2. “Licensee” means any person licensed under the provisions of NRS 555.235 to 555.249, inclusive.

[5.] 3. “Nursery” means any [ground or place where] location:

(a) Where nursery stock is grown, propagated, stored [, packed, treated, fumigated or offered for sale.

6.] or sold; or

(b) From which nursery stock is distributed directly to a customer.

4. “Nursery stock” means any plant for planting, propagation or ornamentation, and includes parts of plants, trees, shrubs, vines, vegetables, bulbs, stolons, tubers, corms, pips, rhizomes, scions, buds and grafts.

[7. “Peddler” means any person who sells, solicits or offers for sale nursery stock to the ultimate customer and who does not have an established permanent place of business in the state. The term does not include nurserymen who wholesale stock to retail nurserymen in this state.

8.]5. “Pest” means[:

(a) Any] any form of animal or vegetable life detrimental to the nursery industry of [the state.

(b) Any form of vegetable life detrimental to the nursery industry of the state.

9. “Pest disease” means any infectious, transmissible or contagious disease of plants, or any disorder of plants which manifests symptoms or behavior which the director, after investigation, determines to be characteristic of an infectious, transmissible or contagious disease.

10. “Place of business” means any location used to propagate, grow, maintain, hold, sell or distribute nursery stock. The term includes, but isnot limited to, established permanent places of business, registered places of business, established sales yards, store yards, store and saleslocations and similar outlets for which the minimum nursery license fee has been paid.

11.] this state, including, without limitation, any insect, snail, nematode, fungus, virus, bacterium, microorganism, mycoplasmal organism, weed, parasitic plant or any other plant that is normally considered to be a pest of cultivated plants, uncultivated plants, agricultural commodities, horticultural products or nursery stock, or that the director declares to be a pest.

6. “Sell” means exchange, offer for sale, expose for sale, have in possession for sale or solicit for sale.

Sec. 393. Section 2 of Assembly Bill No. 135 of this session is hereby amended to read as follows:

Sec. 2. NRS 555.236 is hereby amended to read as follows:

555.236 1. Every person who engages in the commercial production, holding, distribution, collection or selling of nursery stock shall obtain a license from the director, except:

(a) Retail florists or other persons who sell potted, ornamental plants intended for indoor decorative purposes.

(b) A person who is not engaged in the nursery business and raises nursery stock as a hobby in this state, from which he makes occasional sales, if the person reports to the director his intention to make those sales and does not advertise or solicit for the sale of that nursery stock.

(c) Persons engaged in agriculture and field-growing vegetable plants intended for sale for use in agricultural production.

(d) That the director may, to relieve hardships imposed by the licensing requirements of NRS 555.235 to 555.249, inclusive, upon persons residing in sparsely settled areas of [the] this state where no licensed nurseries exist, waive the requirements for the licensing of nurseries for any established business [concern] to permit occasional sales of nursery stock [for customer accommodation.]to accommodate the customers of the business.

(e) At the discretion of the director, persons selling vegetable bulbs or flower bulbs, including , without limitation, onion sets, tulip bulbs and similar bulbs.

(f) A nursery licensed by another state that sells nursery stock directly to:

(1) A licensed retail nursery in this state; or

(2) The public by catalog.

2. Persons, state agencies or political subdivisions exempt from the licensing requirements:

(a) Shall conduct their businesses in accordance with pest regulations and grades and standards for nursery stock as established by the director.

(b) Shall register annually, on or before July 1, with the department, the location, size and type of nursery stock being produced.

Sec. 394. Section 6 of Assembly Bill No. 135 of this session is hereby amended to read as follows:

Sec. 6. NRS 555.248 is hereby amended to read as follows:

555.248 Any nursery stock brought into this state which the director or inspecting officer finds or has reasonable cause to believe to be infested or infected with any pest must be destroyed immediately, at the expense of the owner or bailee, under the supervision of the director or the inspecting officer, unless:

1. The nature of the pest is such that no detriment can be caused to the public, the nursery , agricultural, forestry or horticultural industry [or related industries] in this state or the general environmental quality of this state by shipping the nursery stock out of [the] this state. In that case the director or inspecting officer:

(a) May affix a warning tag or notice to the nursery stock.

(b) Shall notify the owner or bailee to ship the nursery stock out of this state within 48 hours.

(d) Shall destroy the nursery stock at the expiration of 48 hours if the owner or bailee has not shipped the nursery stock out of [the] this state.

2. The director determines that the pest can be exterminated by a treatment prescribed by the director with the result that no detriment will be caused to the public, the nursery , agricultural, forestry or horticultural industry [or related industries] in this state[.] or the general environmental quality of this state. In that case, nursery stock will be released if the nursery stock is:

(a) Treated in the manner prescribed by the director;

(b) Treated within the time specified by the director or inspecting officer;

(d) Found to be free from pests.

Sec. 395. The title of Assembly Bill No. 135 of this session is hereby amended to read as follows:

AN ACT relating to agriculture; revising the definition of “nursery” to include a location where nursery stock is propagated [and] or from which nursery stock is distributed directly to a customer; exempting certain nurseries that are licensed by another state from the requirement of obtaining a license from the [administrator] director of the [division] state department of agriculture; [of the department of business and industry;] revising the definition of “peddler” to exclude certain nurserymen licensed by another state; requiring nursery stock shipped intrastate or interstate to a point within this state to be accompanied by an inspection certificate or a phytosanitary certificate; and providing other matters properly relating thereto.”.

Assemblyman Marvel moved the adoption of the amendment.

Remarks by Assemblyman Marvel.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

Assembly Joint Resolution No. 18.

Resolution read third time.

Remarks by Assemblyman Price.

Roll call on Assembly Joint Resolution No. 18:

Yeas—38.

Nays—None.

Excused—Arberry, Brower, Evans, Nolan—4.

Assembly Joint Resolution No. 18 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Resolution ordered transmitted to the Senate.

Senate Bill No. 197.

Bill read third time.

Remarks by Assemblywoman Leslie.

Roll call on Senate Bill No. 197:

Yeas—38.

Nays—None.

Excused—Arberry, Brower, Evans, Nolan—4.

Senate Bill No. 197 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Senate Bill No. 216.

Bill read third time.

Remarks by Assemblyman Bache.

Roll call on Senate Bill No. 216:

Yeas—38.

Nays—None.

Excused—Arberry, Brower, Evans, Nolan—4.

Senate Bill No. 216 having received a constitutional majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Bache moved that Senate Bill No. 341 be taken from the General File and placed on the Chief Clerk's desk.

Remarks by Assemblyman Bache.

Motion carried.

general file and third reading

Senate Bill No. 377.

Bill read third time.

Remarks by Assemblywoman Segerblom.

Roll call on Senate Bill No. 377:

Yeas—38.

Nays—None.

Excused—Arberry, Brower, Evans, Nolan—4.

Senate Bill No. 377 having received a constitutional majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

Senate Bill No. 389.

Bill read third time.

Remarks by Assemblyman Bache.

Roll call on Senate Bill No. 389:

Yeas—37.

Nays—Neighbors.

Excused—Arberry, Brower, Evans, Nolan—4.

Senate Bill No. 389 having received a constitutional majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

Senate Bill No. 408.

Bill read third time.

Remarks by Assemblymen Goldwater, Buckley, Gustavson, Collins and Angle.

Conflict of interest declared by Assemblywoman Angle.

Roll call on Senate Bill No. 408:

Yeas—34.

Nays—Claborn, Gustavson—2.

Not Voting—Angle, Collins—2.

Excused—Arberry, Brower, Evans, Nolan—4.

Senate Bill No. 408 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Senate Bill No. 501.

Bill read third time.

Remarks by Assemblyman Bache.

Roll call on Senate Bill No. 501:

Yeas—38.

Nays—None.

Excused—Arberry, Brower, Evans, Nolan—4.

Senate Bill No. 501 having received a constitutional majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

Senate Bill No. 528.

Bill read third time.

Remarks by Assemblyman Bache.

Roll call on Senate Bill No. 528:

Yeas—38.

Nays—None.

Excused—Arberry, Brower, Evans, Nolan—4.

Senate Bill No. 528 having received a constitutional majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

Senate Joint Resolution No. 7.

Resolution read third time.

Remarks by Assemblymen Price, Gustavson, Freeman and Buckley.

Roll call on Senate Joint Resolution No. 7:

Yeas—32.

Nays—Angle, Freeman, Gibbons, Gustavson, Thomas—5.

Not Voting—Goldwater.

Excused—Arberry, Brower, Evans, Nolan—4.

Senate Joint Resolution No. 7 having received a constitutional majority, Mr. Speaker declared it passed.

Resolution ordered transmitted to the Senate.

UNFINISHED BUSINESS

Consideration of Senate Amendments

Assembly Bill No. 169.

The following Senate amendment was read:

Amendment No. 753.

Amend section 1, pages 1 and 2, by deleting lines 14 through 20 on page 1 and lines 1 through 7 on page 2, and inserting:

“(a) A line [on which to enter the number on] for use by the county clerk to enter the number:

(1) Indicated on the voter’s social security card, driver’s license or identification card issued by the department of motor vehicles and public safety [.] , or any other identification card issued by an agency of this state or the Federal Government that contains:

(I) A unique number; and

(II) A photograph or physical description of the voter; or

(2) Issued to the voter pursuant to subsection 5.”.

Amend section 1, page 2, after line 13, by inserting:

“5. If a voter does not:

(a) Possess any of the identification set forth in subparagraph (1) of paragraph (a) of subsection 4; or

(b) Wish to provide to the county clerk the number indicated on that identification,

the county clerk shall issue a unique identification number to the voter.

6. The secretary of state shall adopt regulations to carry out the provisions of subsections 4 and 5.”.

Assemblywoman Giunchigliani moved that the Assembly concur in the Senate amendment to Assembly Bill No. 169.

Remarks by Assemblywoman Giunchigliani.

Motion carried.

Bill ordered enrolled.

Assembly Bill No. 611.

The following Senate amendment was read:

Amendment No. 752.

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

“household [.] who is 18 years of age or older.”.

Amend sec. 2, page 3, by deleting lines 23 and 24.

Assemblywoman Giunchigliani moved that the Assembly concur in the Senate amendment to Assembly Bill No. 611.

Remarks by Assemblywoman Giunchigliani.

Motion carried.

Bill ordered enrolled.

Signing of Bills and Resolutions

There being no objections, the Speaker and Chief Clerk signed Assembly Bills Nos. 95, 107, 111, 141, 197, 203, 215, 231, 249, 254, 255, 260, 414, 425, 445, 447, 450, 461, 489, 518, 531, 593, 612, 624, 640, 644, 651; Assembly Concurrent Resolution No. 64; Assembly Joint Resolution No. 12; Senate Bills Nos. 121, 274, 472; Senate Concurrent Resolution No. 1.

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 Robert Canter, Jr.

On request of Assemblyman Neighbors, the privilege of the floor of the Assembly Chamber for this day was extended to Trish Rippie.

On request of Assemblywoman Parnell, the privilege of the floor of the Assembly Chamber for this day was extended to Jeffrey Butler, Tjerck Dewitt, Haleigh Donnelly, Samantha Fierro, Savannah Flansburg, Alexa Gillespie, Ashley Hayes, Valentina Hunter, Jonathan Kane, Jason Ortiz, Thomas Preston, Rachael Reynolds-Strange, Tarian Ricketts, Daniel Rogers, Rachel Rupert, Jillian Shufelt, Erick Serske, Georgia Ferrel, Shannon Sperske, Terri Shufelt and Vicki Preston.

On request of Assemblyman Price, the privilege of the floor of the Assembly Chamber for this day was extended to Sue Lecht.

Assemblyman Perkins moved that the Assembly adjourn until Friday, May 14, 1999, at 11:00 a.m.

Motion carried.

Assembly adjourned at 1:11 p.m.

Approved: Joseph E. Dini, Jr.

Speaker of the Assembly

Attest: Jacqueline Sneddon