THE ONE HUNDRED AND SEVENTH DAY

Carson City (Tuesday), May 18, 1999

Assembly called to order at 11:27 a.m.

Mr. Speaker presiding.

Roll called.

All present except Assemblywoman Evans, who was excused.

Prayer by the Chaplain, Reverend Paul J. McCollum

We stand before You Holy Spirit, conscious of our sinfulness, but aware that we gather in Your name. Come to us, remain with us, and enlighten our hearts. Guide us by Your wisdom, support us by Your power, for You are God. You desire justice for all. Enable us to uphold the rights of others; do not allow us to be misled by ignorance or corrupted by fear or favor. Unite us to Yourself in the bond of love and keep us faithful to all that is true. As we gather in Your name, may we temper justice with love, so that all our decisions may be pleasing to You. We pray in the Name of God. Amen.

Pledge of allegiance to the Flag.

Assemblyman Perkins moved that further reading of the Journal be dispensed with, and the Speaker and Chief Clerk be authorized to make the necessary corrections and additions.

Motion carried.

REPORTS OF COMMITTEES

Mr. Speaker:

Your Committee on Commerce and Labor, to which was referred Senate Bill No. 39, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Barbara E. Buckley, Chairman

Mr. Speaker:

Your Committee on Education, to which were referred Senate Bills Nos. 50, 51, 289, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Also, your Committee on Education, to which were referred Senate Bills Nos. 21, 435, 445, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Wendell P. Williams, Chairman

Mr. Speaker:

Your Committee on Government Affairs, to which were referred Senate Bills Nos. 125, 215, 391, 394, 457, 475, 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 Concurrent Committee on Government Affairs, to which was referred Senate Bill No. 544, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Douglas A. Bache, Chairman

Mr. Speaker:

Your Committee on Health and Human Services, to which was referred Assembly Joint Resolution No. 24, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Also, your Committee on Health and Human Services, to which were referred Senate Bills Nos. 10, 117, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Vivian L. Freeman, Chairman

Mr. Speaker:

Your Committee on Natural Resources, Agriculture, and Mining, to which were referred Senate Bills Nos. 211, 310, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Marcia de Braga, Chairman

Mr. Speaker:

Your Committee on Taxation, to which were referred Senate Bills Nos. 259, 537, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

David E. Goldwater, Chairman

Mr. Speaker:

Your Committee on Ways and Means, to which was referred Assembly Bill No. 320, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Morse Arberry Jr., Chairman

MESSAGES FROM THE Senate

Senate Chamber, Carson City, May 17, 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. 204, 241, 253, 296, 397, 423.

Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bill No. 469.

Also, I have the honor to inform your honorable body that the Senate amended, and on this day passed, as amended, Assembly Bill No. 82, Amendment No. 901; Assembly Bill No. 152, Amendment No. 820; Assembly Bill No. 271, Amendment No. 885; Assembly Bill No. 295, Amendment No. 765; Assembly Bill No. 432, Amendment No. 948; Assembly Bill No. 452, Amendment No. 949; Assembly Bill No. 543, Amendment No. 905, 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. 799 to Senate Bill No. 35; Assembly Amendment No. 759 to Senate Bill No. 153; Assembly Amendment No. 801 to Senate Bill No. 161; Assembly Amendment No. 788 to Senate Bill No. 339; Assembly Amendment No. 802 to Senate Bill No. 365; Assembly Amendment No. 758 to Senate Bill No. 379.

Mary Jo Mongelli

Assistant Secretary of the Senate

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Anderson moved that Senate Bill No. 61 be taken from the Chief Clerk's desk and placed on the Second Reading File.

Remarks by Assemblyman Anderson.

Motion carried.

Assemblyman Anderson moved that Senate Bill No. 273 be taken from the Chief Clerk's desk and placed on the General File.

Remarks by Assemblyman Anderson.

Motion carried.

Assemblywoman Giunchigliani moved that Senate Bill No. 145 be taken from the Chief Clerk's desk and placed on the General File.

Remarks by Assemblywoman Giunchigliani.

Motion carried.

Assemblyman Williams moved that Assembly Joint Resolution No. 6 be taken from the Chief Clerk's desk and placed on the General File.

Remarks by Assemblymen Williams and Giunchigliani.

Motion carried.

Assemblyman Perkins moved that Senate Bill No. 181 be taken from the Chief Clerk's desk and placed on the General File.

Remarks by Assemblyman Perkins.

Motion carried.

Assemblyman Perkins moved that Assembly Bill No. 320; Assembly Joint Resolution No. 24; Senate Bills Nos. 10, 21, 39, 50, 51, 117, 125, 211, 215, 259, 289, 310, 391, 394, 435, 445, 457, 475, 537 and 544 be placed on the Second Reading File.

Motion carried.

Assemblyman Bache moved that Senate Bill No. 407 be taken from the Chief Clerk's desk and placed on the General File.

Remarks by Assemblyman Bache.

Motion carried.

By Assemblywoman Giunchigliani; Senator O'Connell:

Assembly Joint Resolution No. 26—Proposing to amend the Constitution of the State of Nevada to exempt state contracts for the improvement, acquisition and construction of facilities for schools from the limit on general borrowing by the state.

Resolved by the Assembly and Senate of the State of Nevada, Jointly, That section 3 of article 9 of the Constitution of the State of Nevada be amended to read as follows:

Sec. 3. 1. The state may contract public debts; but such debts shall never, in the aggregate, exclusive of interest, exceed the sum of two per cent of the assessed valuation of the state, as shown by the reports of the county assessors to the state controller, except for the purpose of defraying extraordinary expenses, as hereinafter mentioned. Every such debt shall be authorized by law for some purpose or purposes, to be distinctly specified therein; and every such law shall provide for levying an annual tax sufficient to pay the interest semiannually, and the principal within twenty years from the passage of such law, and shall specially appropriate the proceeds of said taxes to the payment of said principal and interest; and such appropriation shall not be repealed nor the taxes postponed or diminished until the principal and interest of said debts shall have been wholly paid. Every contract of indebtedness entered into or assumed by or on behalf of the state, when all its debts and liabilities amount to said sum before mentioned, shall be void and of no effect, except in cases of money borrowed to repel invasion, suppress insurrection, defend the state in time of war, or, if hostilities be threatened, provide for the public defense.

2. The state, notwithstanding the foregoing limitations, may, pursuant to authority of the legislature, make and enter into any and all contracts necessary, expedient or advisable for [~~the]~~ :

(a) Theprotection and preservation of any of its property or natural resources, or for the purposes of obtaining the benefits thereof [,]; and

(b) The improvement, acquisition and construction of facilities for public elementary and secondary schools,

however arising and whether arising by or through any undertaking or project of the United States or by or through any treaty or compact between the states, or otherwise.The legislature may from time to time make such appropriations as may be necessary to carry out the obligations of the state under such contracts, and shall levy such tax as may be necessary to pay the same or carry them into effect.

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

Motion carried.

Assemblyman Price moved that the vote whereby Assembly Joint Resolution No. 26 was referred to the Committee on Elections, Procedures, and Ethics be rescinded.

Remarks by Assemblyman Price.

Motion carried.

Assemblyman Price moved that Assembly Joint Resolution No. 26 be referred to the Committee on Constitutional Amendments.

Motion carried.

By the Committee on Elections, Procedures, and Ethics:

Assembly Concurrent Resolution No. 67—Directing the Legislative Commission to conduct an interim study concerning misdemeanors.

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

Motion carried.

INTRODUCTION, FIRST READING AND REFERENCE

By the Committee on Judiciary:

Assembly Bill No. 688—AN ACT relating to domestic relations; amending Assembly Bill No. 456 of the 1999 Legislative Session to revise the requirements for determining custody and rights to visitation of a parent who is convicted of first degree murder of the other parent of the child; and providing other matters properly relating thereto.

Assemblyman Anderson moved that the bill be referred to the Committee on Judiciary.

Motion carried.

Senate Bill No. 469.

Assemblyman Perkins moved that the bill be referred to the Committee on Health and Human Services.

Motion carried.

SECOND READING AND AMENDMENT

Assembly Bill No. 663.

Bill read second time.

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

Amendment No. 848.

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

“Section 1. 1. Except as otherwise provided in subsection 3, the State Board of Finance shall issue general obligation bonds of the State of Nevada in the face amount of not more than $5,000,000. The proceeds of the bonds must be allocated for the establishment of a railroad line similar to the former Virginia & Truckee Railroad from Virginia City through the Gold Hill area to Carson City, including, without limitation:

(a) Acquisition of the right of way necessary for the railway and any appurtenances thereto;

(b) Construction of the track, including any necessary preparation of the underlying surface; and

2. The expenses related to the issuance of bonds pursuant to this section must be paid from the proceeds of the bonds, and must not exceed 2 percent of the face amount of the bonds sold.

3. The State Board of Finance shall not issue the general obligation bonds pursuant to subsection 1 unless on or before July 1, 2003:

(a) The Tricounty Railway Commission has received commitments for at least $15,000,000 from other public or private sources, or both, for the establishment of the railroad line.

(b) The Tricounty Railway Commission has entered into a written agreement with the State Board of Examiners to repay the amount of these bonds by transferring to the State Treasurer at least 6 percent of the price charged or $1 per ticket sold, whichever is greater, per person to ride upon the railroad line once it is completed until $5,000,000 has been repaid to the State Treasurer. The agreement must set forth the terms of repayment.

(c) The State Board of Examiners has received a first security interest in favor of the State of Nevada upon the railroad track, the right of way acquired and all equipment and other assets of the Tricounty Railway Commission to the extent necessary, as determined by the State Board of Examiners, to secure the repayment of the $5,000,000.

4. The provisions of the State Securities Law, contained in chapter 349 of NRS, apply to the issuance of bonds pursuant to this section.”.

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

“Whereas, In reliance on Assembly Bill No. 113 of the 1995 legislative session, the Tricounty Railway Commission of Carson City and Lyon and Storey counties has been working diligently to obtain the required $15 million from public and private sources to support the establishment of a railroad line similar to the former Virginia & Truckee Railroad from Virginia City through the Gold Hill area to Carson City; and

Whereas, This historic reconstruction has wide public support and will benefit the entire Western Nevada region; and

Whereas, It is important that the State of Nevada honor its 1995 commitment to contribute one-fourth of the costs of this project contingent upon the success of the local effort to raise the remainder; and

Whereas, If current financial conditions require the withdrawal of the 1995 appropriation, then the State of Nevada must find an alternative method to keep its commitment to this economic development project; now, therefore,”.

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

“AN ACT relating to state financial administration; authorizing the issuance

of general obligation bonds to pay a portion of the costs of establishing a

certain tricounty railway; revising the provision governing the reversion of

the appropriation made during the 68th session of the Nevada Legislature to

the Tricounty Railway Commission of Carson City, Lyon and Storey

counties; and providing”.

Amend the summary of the bill to read as follows:

“SUMMARY—Revises provisions regarding Tricounty Railway

Commission of Carson City, Lyon and Storey counties. (BDR S‑1436)”.

Assemblyman Arberry moved the adoption of the amendment.

Remarks by Assemblyman Arberry.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Perkins moved that the reading of the history of all bills on the Second Reading File and the General File be dispensed with for this legislative day.

Motion carried.

general file and third reading

Senate Bill No. 194.

Bill read third time.

Remarks by Assemblyman Bache.

Roll call on Senate Bill No. 194:

Yeas—40.

Nays—None.

Excused—Evans, Humke—2.

Senate Bill No. 194 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Senate Bill No. 437.

Bill read third time.

Remarks by Assemblymen Nolan, Collins and Bache.

Potential conflict of interest declared by Assemblymen Collins and Lee.

Assemblyman Bache moved that Senate Bill No. 437 be taken from the General File and placed on the Chief Clerk's desk.

Remarks by Assemblyman Bache.

Motion carried.

Senate Bill No. 439.

Bill read third time.

Remarks by Assemblymen Parks and Beers.

Potential conflict of interest declared by Assemblyman Beers.

Roll call on Senate Bill No. 439:

Yeas—38.

Nays—Collins, Goldwater, Manendo—3.

Excused—Evans.

Senate Bill No. 439 having received a constitutional majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

Senate Bill No. 273.

Bill read third time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 1022.

Amend sec. 3, page 2, line 34, by deleting “issue” and inserting:

“order the issuance of ”.

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. 145.

Bill read third time.

Remarks by Assemblywoman Giunchigliani.

Roll call on Senate Bill No. 145:

Yeas—39.

Nays—Angle, Gustavson—2.

Excused—Evans.

Senate Bill No. 145 having received a constitutional majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

Assembly Joint Resolution No. 6.

Resolution read third time.

Remarks by Assemblymen Williams, Brower, Price, Leslie, Anderson, Angle and Arberry.

Assemblyman Arberry, Bache and Williams moved the previous question.

Motion carried.

The question being on the passage of Assembly Joint Resolution No. 6.

Roll call on Assembly Joint Resolution No. 6:

Yeas—27.

Nays—Angle, Beers, Berman, Brower, Carpenter, Cegavske, Gibbons, Gustavson, Hettrick, Humke, Marvel, Nolan, Tiffany, Von Tobel—14.

Excused—Evans.

Assembly Joint Resolution No. 6 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Resolution ordered transmitted to the Senate.

Senate Bill No. 181.

Bill read third time.

Remarks by Assemblywoman Buckley.

Roll call on Senate Bill No. 181:

Yeas—39.

Nays—Angle, Gustavson—2.

Excused—Evans.

Senate Bill No. 181 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Senate Bill No. 407.

Bill read third time.

Remarks by Assemblyman Bache.

Roll call on Senate Bill No. 407:

Yeas—41.

Nays—None.

Excused—Evans.

Senate Bill No. 407 having received a constitutional majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

MOTIONS, RESOLUTIONS AND NOTICES

By the Committee on Elections, Procedures, and Ethics:

Assembly Concurrent Resolution No. 68—Requesting the return to the Assembly from the Governor’s office of Assembly Bill No. 552 of this session.

Assemblyman Perkins moved the adoption of the resolution.

Remarks by Assemblyman Perkins.

Resolution adopted unanimously.

Assemblyman Perkins moved that all rules be suspended and that Assembly Concurrent Resolution No. 68 be immediately transmitted to the Senate.

Motion carried unanimously.

MESSAGES FROM THE Senate

Senate Chamber, Carson City, May 18, 1999

To the Honorable the Assembly:

I have the honor to inform your honorable body that the Senate on this day adopted Senate Concurrent Resolution No. 46.

Mary Jo Mongelli

Assistant Secretary of the Senate

MOTIONS, RESOLUTIONS AND NOTICES

Senate Concurrent Resolution No. 46.

Assemblyman Perkins moved the adoption of the resolution.

Remarks by Assemblyman Perkins.

Resolution adopted unanimously.

Assemblyman Perkins moved that all rules be suspended and that Senate Concurrent Resolution No. 46 be immediately transmitted to the Senate.

Motion carried unanimously.

SECOND READING AND AMENDMENT

Senate Bill No. 152.

Bill read second time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 892.

Amend the bill as a whole by renumbering sections 1 and 2 as sections 6 and 7 and adding new sections designated sections 1 through 5, following the enacting clause, to read as follows:

“Section 1. NRS 483.025 is hereby amended to read as follows:

483.025 [“0.02 percent] The phrase “concentration of alcohol of 0.02 or more but less than 0.10 [percent by weight of alcohol] in his blood[” means a concentration of alcohol in the blood or breath of a person of] or breath” means 0.02 gram or more but less than 0.10 gram [by weight] of alcohol per 100 milliliters of [his]the blood of a person or per 210 liters of his breath.

Sec. 2. NRS 483.461 is hereby amended to read as follows:

483.461 1. If the result of a test given pursuant to NRS 484.382 or 484.383 shows that a person less than 21 years of age had a concentration of alcohol of 0.02 [percent] or more but less than 0.10 [percent by weight of alcohol] in his blood or breath at the time of the test, his license, permit or privilege to drive must be suspended for a period of 90 days.

2. If a revocation or suspension of a person’s license, permit or privilege to drive for a violation of NRS 62.227, 484.379 or 484.3795 follows a suspension ordered pursuant to subsection 1, the department shall:

(a) Cancel the suspension ordered pursuant to subsection 1; and

(b) Give the person credit toward the period of revocation or suspension ordered pursuant to NRS 62.227, 484.379 or 484.3795, whichever is applicable, for any period during which the person’s license, permit or privilege to drive was suspended pursuant to subsection 1.

3. This section does not preclude:

(a) The prosecution of a person for a violation of any other provision of law; or

(b) The suspension or revocation of a person’s license, permit or privilege to drive pursuant to any other provision of law.

Sec. 3. NRS 483.462 is hereby amended to read as follows:

483.462 1. A peace officer who has received the result of a test given pursuant to NRS 484.382 or 484.383 which indicates that a person less than 21 years of age to whom the test was given had a concentration of alcohol of 0.02 or more but less than 0.10 [percent by weight of alcohol] in his blood or breath shall prepare a written certificate indicating whether the peace officer:

(a) Had reasonable grounds to believe that the person was driving under the influence of alcohol;

(b) Served an order of suspension on the person pursuant to subsection 2; and

2. If a person less than 21 years of age to whom a test is given pursuant to NRS 484.382 or 484.383 is present when a peace officer receives the result of the test and the test indicates that the person has a concentration of alcohol of 0.02 or more but less than 0.10 [percent by weight of alcohol] in his blood[,] or breath, the peace officer shall:

(a) Serve an order of suspension of the license, permit or privilege;

(b) Seize any license or permit of the person;

(1) Administrative and judicial review of the suspension; and

(2) Have a temporary license;

(d) If the person requests a temporary license, issue the person a temporary license on a form approved by the department which becomes effective 24 hours after he receives the temporary license and expires 120 hours after it becomes effective; and

(e) Transmit to the department:

(1) Any license or permit seized pursuant to paragraph (b); and

(2) The written certificate which the peace officer is required to prepare pursuant to subsection 1.

3. If a person less than 21 years of age to whom a test is given pursuant to NRS 484.382 or 484.383 is not present when a peace officer receives the result of the test and the test indicates that the person has a concentration of alcohol of 0.02 or more but less than 0.10 [percent by weight of alcohol] in his blood[,]or breath, the peace officer shall transmit to the department a copy of the result of the test and the written certificate which the peace officer is required to prepare pursuant to subsection 1.

4. The department, upon receiving a copy of the result of the test and the written certificate transmitted by the peace officer pursuant to subsection 3, shall:

(a) Review the result of the test and the written certificate; and

(b) If the department determines that it is appropriate, issue an order to suspend the license, permit or privilege to drive of the person by mailing the order to the person at his last known address.

5. An order for suspension issued by the department pursuant to subsection 4 must:

(a) Explain the grounds for the suspension;

(b) Indicate the period of the suspension;

(d) Explain that the person has a right to administrative and judicial review of the suspension.

6. An order for suspension issued by the department pursuant to subsection 4 is presumed to have been received by the person 5 days after the order is deposited, postage prepaid, in the United States mail by the department. The date of mailing of the order may be shown by a certificate that is prepared by an officer or employee of the department specifying the date of mailing.

Sec. 4. NRS 483.463 is hereby amended to read as follows:

483.463 1. At any time during which the license, permit or privilege to drive is suspended pursuant to NRS 483.462, the person may request in writing a hearing by the department to review the order of suspension. A person is entitled to only one administrative hearing pursuant to this section.

2. Unless the parties agree otherwise, the hearing must be conducted within 15 days after receipt of the request or as soon thereafter as is practicable in the county in which the requester resides.

3. The director or his agent may:

(a) Issue subpoenas for:

(1) The attendance of witnesses at the hearing; and

(2) The production of relevant books and papers; and

(b) Require a re-examination of the requester.

4. The scope of the hearing must be limited to the issues of whether the person, at the time of the test:

(a) Was less than 21 years of age; and

(b) Had a concentration of alcohol of 0.02 [percent] or more but less than 0.10 [percent by weight of alcohol] in his blood[.]or breath.

5. The department shall issue the person a temporary license for a period that is sufficient to complete the administrative hearing.

6. Upon an affirmative finding on the issues listed in subsection 4, the department shall affirm the order of suspension. Otherwise, the order of suspension must be rescinded.

7. If the order of suspension is affirmed by the department, the person is entitled to judicial review of the issues listed in subsection 4 in the manner provided in chapter 233B of NRS.

8. The court shall notify the department upon issuing a stay. Upon receiving such notice, the department shall issue an additional temporary license for a period that is sufficient to complete the judicial review.

9. The hearing officer or the court shall notify the department if the hearing officer grants a continuance of the administrative hearing or the court grants a continuance after issuing a stay of the suspension. Upon receiving such notice, the department shall cancel any temporary license granted pursuant to this section and notify the holder by mailing an order of cancellation to the last known address of the holder.

Sec. 5. NRS 483.922 is hereby amended to read as follows:

483.922 1. Except as otherwise provided in NRS 484.383, a person who drives or is in actual physical control of a commercial motor vehicle within this state shall be deemed to have given consent to an evidentiary test of his blood, urine, breath or other bodily substance for the purpose of determining the [alcoholic content] concentration of alcohol in his blood or breath or to detect the presence of a controlled substance in his system.

2. The tests must be administered pursuant to NRS 484.383 at the direction of a police officer who, after stopping or detaining the driver of a commercial motor vehicle, has reasonable grounds to believe that the driver was driving a commercial motor vehicle while under the influence of intoxicating liquor or a controlled substance.”.

Amend section 1, page 1, by deleting lines 3 through 7 and inserting:

“0.10 or more [by weight of alcohol] in his blood [” includes a concentration of alcohol in the blood or breath of a person of] or breath” means 0.10 gram or more [by weight] of alcohol [:

1. Per] per 100 milliliters of [his blood; or

2. Per] the blood of a person or per 210 liters of his breath.”.

Amend the bill as a whole by adding new sections designated sections 8 through 41, following sec. 2, to read as follows:

“Sec. 8. 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] concentration of alcohol in the defendant’s blood or breath 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 the department of employment, training and rehabilitation;

(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 the department of employment, training and rehabilitation,

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. 9. NRS 484.3795 is hereby amended to read as follows:

484.3795 1. A person who:

(a) Is under the influence of intoxicating liquor;

(b) Has a concentration of alcohol of 0.10 [percent] or more [by weight of alcohol] in his blood[;]or breath;

(c) Is found by measurement within 2 hours after driving or being in actual physical control of a vehicle to have a concentration of alcohol of 0.10 [percent] or more [by weight of alcohol] in his blood[;]or breath;

(d) Is under the influence of a controlled substance, or under the combined influence of intoxicating liquor and a controlled substance; or

(e) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely driving or exercising actual physical control of a vehicle,

and does any act or neglects any duty imposed by law while driving or in actual physical control of any vehicle on or off the highways of this state, if the act or neglect of duty proximately causes the death of, or substantial bodily harm to, a person other than himself, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years and must be further punished by a fine of not less than $2,000 nor more than $5,000. A person so imprisoned must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.

2. A prosecuting attorney shall not dismiss a charge of violating the provisions of subsection 1 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 sentence imposed pursuant to subsection 1 may not be suspended nor may probation be granted.

3. If consumption is proven by a preponderance of the evidence, it is an affirmative defense under paragraph (c) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after driving or being in actual physical control of the vehicle, and before his blood or breath was tested, to cause [the] him to have a concentration of alcohol of 0.10 or more in his blood [to equal or exceed 0.10 percent.]or breath. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.

4. If the defendant was transporting a person who is less than 15 years of age in the motor vehicle at the time of the violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.

Sec. 10. NRS 484.382 is hereby amended to read as follows:

484.382 1. Any person who drives or is in actual physical control of a vehicle on a highway or on premises to which the public has access shall be deemed to have given his consent to a preliminary test of his breath for the purpose of determining the [alcoholic content of]concentration of alcohol in his breath when the test is administered at the direction of a police officer at the scene of a vehicle accident or collision or where he stops a vehicle, if the officer has reasonable grounds to believe that the person to be tested was driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance.

2. If the person fails to submit to the test, the officer shall seize his license or permit to drive as provided in NRS 484.385 and arrest him and take him to a convenient place for the administration of a reasonably available evidentiary test under NRS 484.383.

3. The result of the preliminary test must not be used in any criminal action, except to show there were reasonable grounds to make an arrest.

Sec. 11. NRS 484.383 is hereby amended to read as follows:

484.383 1. Except as otherwise provided in subsections 3 and 4, any person who drives or is in actual physical control of a vehicle on a highway or on premises to which the public has access shall be deemed to have given his consent to an evidentiary test of his blood, urine, breath or other bodily substance for the purpose of determining the [alcoholic content of] concentration of alcohol in his blood or breath or the presence of a controlled substance when such a test is administered at the direction of a police officer having reasonable grounds to believe that the person to be tested was driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance.

2. If the person to be tested pursuant to subsection 1 is dead or unconscious, the officer shall direct that samples of blood from the person be tested.

3. Any person who is afflicted with hemophilia or with a heart condition requiring the use of an anticoagulant as determined by a physician is exempt from any blood test which may be required pursuant to this section but must, when appropriate pursuant to the provisions of this section, be required to submit to a breath or urine test.

4. If the [alcoholic content of] concentration of alcohol in the blood or breath of the person to be tested is in issue:

(a) Except as otherwise provided in this section, the person may refuse to submit to a blood test if means are reasonably available to perform a breath test.

(b) The person may request a blood test, but if means are reasonably available to perform a breath test when the blood test is requested, and the person is subsequently convicted, he must pay for the cost of the blood test, including the fees and expenses of witnesses in court.

(c) A police officer may direct the person to submit to a blood test as set forth in subsection 7 if the officer has reasonable grounds to believe that the person:

(1) Caused death or substantial bodily harm to another person as a result of driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance; or

(2) Has been convicted within the previous 7 years of:

(I) A violation of NRS 484.379, 484.3795, subsection 2 of NRS 488.400, NRS 488.410 or 488.420 or a law of another jurisdiction that prohibits the same or similar conduct; or

(II) Any other offense in this state or another jurisdiction in which death or substantial bodily harm to another person resulted from driving, operating or being in actual physical control of a vehicle or a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance.

5. If the presence of a controlled substance in the blood of the person is in issue, the officer may direct him to submit to a blood or urine test, or both, in addition to the breath test.

6. Except as otherwise provided in subsections 3 and 5, a police officer shall not direct a person to submit to a urine test.

7. If a person to be tested fails to submit to a required test as directed by a police officer pursuant to this section and the officer has reasonable grounds to believe that the person to be tested was driving or in actual physical control of a motor vehicle while under the influence of intoxicating liquor or a controlled substance, the officer may direct that reasonable force be used to the extent necessary to obtain samples of blood from the person to be tested. Not more than three such samples may be taken during the 5-hour period immediately following the time of the initial arrest. In such a circumstance, the officer is not required to provide the person with a choice of tests for determining the [alcoholic content] concentration of alcohol or presence of a controlled substance in his blood.

8. If a person who is less than 18 years of age is directed to submit to an evidentiary test pursuant to this section, the officer shall, before testing the person, make a reasonable attempt to notify the parent, guardian or custodian of the person, if known.

Sec. 12. NRS 484.384 is hereby amended to read as follows:

484.384 1. If the result of a test given under NRS 484.382 or 484.383 shows that a person had a concentration of alcohol of 0.10 [percent] or more [by weight of alcohol] in his blood or breath at the time of the test, his license, permit or privilege to drive must be revoked as provided in NRS 484.385 and he is not eligible for a license, permit or privilege for a period of 90 days.

2. If a revocation of a person’s license, permit or privilege to drive under NRS 62.227 or 483.460 follows a revocation under subsection 1 which was based on his having a concentration of alcohol of 0.10 [percent] or more [by weight of alcohol] in his blood[,] or breath, the department shall cancel the revocation under that subsection and give the person credit for any period during which he was not eligible for a license, permit or privilege.

3. Periods of ineligibility for a license, permit or privilege to drive which are imposed pursuant to this section must run consecutively.

Sec. 13. NRS 484.385 is hereby amended to read as follows:

484.385 1. As agent for the department, the officer who obtained the result of a test given pursuant to NRS 484.382 or 484.383 shall immediately serve an order of revocation of the license, permit or privilege to drive on a person who has a concentration of alcohol of 0.10 [percent] or more [by weight of alcohol] in his blood or breath or has a detectable amount of a controlled substance in his system, if that person is present, and shall seize his license or permit to drive. The officer shall then advise him of his right to administrative and judicial review of the revocation and to have a temporary license, and shall issue him a temporary license on a form approved by the department if he requests one, which is effective for only 7 days including the date of issuance. The officer shall immediately transmit the person’s license or permit to the department along with the written certificate required by subsection 2.

2. When a police officer has served an order of revocation of a driver’s license, permit or privilege on a person pursuant to subsection 1, or later receives the result of an evidentiary test which indicates that a person, not then present, had a concentration of alcohol of 0.10 [percent] or more [by weight of alcohol] in his blood or breath or had a detectable amount of a controlled substance in his system, the officer shall immediately prepare and transmit to the department, together with the seized license or permit and a copy of the result of the test, a written certificate that he had reasonable grounds to believe that the person had been driving or in actual physical control of a vehicle with a concentration of alcohol of 0.10 [percent] or more [by weight of alcohol] in his blood or breath or with a detectable amount of a controlled substance in his system, as determined by a chemical test. The certificate must also indicate whether the officer served an order of revocation on the person and whether he issued the person a temporary license.

3. The department, upon receipt of such a certificate for which an order of revocation has not been served, after examining the certificate and copy of the result of the chemical test, if any, and finding that revocation is proper, shall issue an order revoking the person’s license, permit or privilege to drive by mailing the order to the person at his last known address. The order must indicate the grounds for the revocation and the period during which the person is not eligible for a license, permit or privilege to drive and state that the person has a right to administrative and judicial review of the revocation and to have a temporary license. The order of revocation becomes effective 5 days after mailing.

4. Notice of an order of revocation and notice of the affirmation of a prior order of revocation or the cancellation of a temporary license provided in NRS 484.387 is sufficient if it is mailed to the person’s last known address as shown by any application for a license. The date of mailing may be proved by the certificate of any officer or employee of the department, specifying the time of mailing the notice. The notice is presumed to have been received upon the expiration of 5 days after it is deposited, postage prepaid, in the United States mail.

5. As used in this section, “controlled substance” means any of the following substances for which a valid prescription has not been issued to the consumer:

(a) Amphetamine;

(b) Benzoylecgonine;

(d) Heroin;

(e) Lysergic acid diethylamide;

(f) Mecloqualone;

(g) Mescaline;

(h) Methamphetamine;

(i) Methaqualone;

(j) Monoacetylmorphine;

(k) Phencyclidine;

(l) N-ethylamphetamine;

(m) N, N-dimethylamphetamine;

(n) 2, 5-dimethoxyamphetamine;

(o) 3, 4-methylenedioxyamphetamine;

(p) 3, 4, 5-trimethoxyamphetamine;

(q) 4-bromo-2, 5-dimethoxyamphetamine;

(r) 4-methoxyamphetamine;

(s) 4-methyl-2, 5-dimethoxyamphetamine;

(t) 5-dimethoxy-alpha-methylphenethylamine; or

(u) 5-methoxy-3, 4-methylenedioxyamphetamine,

if the substance is classified in schedule I or II pursuant to NRS 453.166 or 453.176 at the time the substance is consumed.

Sec. 14. NRS 484.386 is hereby amended to read as follows:

484.386 1. Except as otherwise provided in subsection 2, an evidentiary test of breath to determine the [percentage] concentration of alcohol in a person’s breath may be used to establish that [percentage] concentration only if two consecutive samples of the person’s breath are taken and:

(a) The difference between the [percentage] concentration of alcohol in the person’s breath indicated by the two samples is less than or equal to 0.02;

(b) If the provisions of paragraph (a) do not apply, a third evidentiary test of breath is administered and the difference between the [percentage] concentration of alcohol in the person’s breath indicated by the third sample and one of the first two samples is less than or equal to 0.02; or

(c) If the provisions of paragraphs (a) and (b) do not apply, a fourth evidentiary test is administered. Except as otherwise provided in NRS 484.383, the fourth evidentiary test must be a blood test.

2. If the person fails to provide the second or third consecutive sample, or to submit to the fourth evidentiary test, the results of the first test may be used alone as evidence of the [percentage] concentration of alcohol in the person’s breath. If for some other reason a second, third or fourth sample is not obtained, the results of the first test may be used with all other evidence presented to establish the 16031603concentration.

3. If a person refuses or otherwise fails to provide a second or third consecutive sample or submit to a fourth evidentiary test, a police officer may direct that reasonable force be used to obtain a sample or conduct a test pursuant to NRS 484.383.

Sec. 15. NRS 484.387 is hereby amended to read as follows:

484.387 1. At any time while a person is not eligible for a license, permit or privilege to drive following an order of revocation issued pursuant to NRS 484.385, he may request in writing a hearing by the department to review the order of revocation, but he is only entitled to one hearing. The hearing must be conducted within 15 days after receipt of the request, or as soon thereafter as is practicable, in the county where the requester resides unless the parties agree otherwise. The director or his agent may issue subpoenas for the attendance of witnesses and the production of relevant books and papers and may require a reexamination of the requester. The department shall issue an additional temporary license for a period which is sufficient to complete the administrative review.

2. The scope of the hearing must be limited to the issue of whether the person, at the time of the test, had a concentration of alcohol of 0.10 [percent] or more [by weight of alcohol] in his blood or breath or a detectable amount of a controlled substance in his system. Upon an affirmative finding on this issue, the department shall affirm the order of revocation. Otherwise, the order of revocation must be rescinded.

3. If, after the hearing, the order of revocation is affirmed, the person whose license, privilege or permit has been revoked is entitled to a review of the same issues in district court in the same manner as provided by chapter 233B of NRS. The court shall notify the department upon the issuance of a stay and the department shall issue an additional temporary license for a period which is sufficient to complete the review.

4. If a hearing officer grants a continuance of a hearing at the request of the person whose license was revoked, or a court does so after issuing a stay of the revocation, the officer or court shall notify the department, and the department shall cancel the temporary license and notify the holder by mailing the order of cancellation to his last known address.

Sec. 16. NRS 484.3882 is hereby amended to read as follows:

484.3882 1. The committee on testing for intoxication shall:

(a) In the manner set forth in subsection 2, certify a device that the committee determines is designed and manufactured to be accurate and reliable for the purpose of testing a person’s breath to determine the [percent by weight]concentration of alcohol in the person’s breath; and

(b) Create, maintain and make available to the public, free of charge, a list of those devices certified by the committee, described by manufacturer and type.

2. To determine whether a device is designed and manufactured to be accurate and reliable for the purpose of testing a person’s breath to determine the [percent by weight] concentration of alcohol in the person’s breath, the committee may:

(a) Use the list of qualified products meeting the requirements for evidential breath-testing devices of the National Highway Traffic Safety Administration; or

(b) Establish its own standards and procedures for evaluating those devices and obtain evaluations of the devices from the director or his agent.

3. If such a device has been certified by the committee to be accurate and reliable pursuant to this section, it is presumed that, as designed and manufactured, the device is accurate and reliable for the purpose of testing a person’s breath to determine the [percent by weight] concentration of alcohol in the person’s breath.

4. This section does not preclude the admission of evidence of the [amount] concentration of alcohol in a person’s breath where the information is obtained through the use of a device other than one of a type certified by the committee.

Sec. 17. NRS 484.3884 is hereby amended to read as follows:

484.3884 1. The committee on testing for intoxication shall adopt regulations which:

(a) Prescribe standards and procedures for calibrating devices used for testing a person’s breath to determine the [percent by weight] concentration of alcohol in the person’s breath. The regulations must specify the period within which a law enforcement agency that uses such a device must calibrate it or have it calibrated by the director or his agent.

(b) Establish methods for ascertaining the competence of persons to calibrate such devices and provide for the examination and certification of those persons by the department. A certificate issued by the department may not be made effective for longer than 3 years.

(c) Prescribe the form and contents of records respecting the calibration of such devices which must be kept by a law enforcement agency and any other records respecting the maintenance or operation of those devices which it finds should be kept by such an agency.

2. The director shall issue a certificate to any person who is found competent to calibrate such a device or examine others on their competence in that calibration.

Sec. 18. NRS 484.3886 is hereby amended to read as follows:

484.3886 1. The committee on testing for intoxication shall adopt regulations which:

(a) Establish methods for ascertaining the competence of persons to:

(1) Operate devices for testing a person’s breath to determine the [percent by weight] concentration of alcohol in the person’s breath.

(2) Examine prospective operators and determine their competence.

(b) Provide for certification of operators and examiners by the department. A certificate issued by the department may not be made effective for longer than 3 years.

A person who is certified as an examiner is presumed to be certified as an operator.

2. The director shall issue a certificate to any person who is found competent to operate such a device or examine others on their competence in that operation.

3. A court shall take judicial notice of the certification of a person to operate devices of one of the certified types. If a test to determine the [amount] concentration of alcohol in a person’s breath has been performed with a certified type of device by a person who is certified pursuant to this section, it is presumed that the person operated the device properly.

4. This section does not preclude the admission of evidence of a test of a person’s breath where the test has been performed by a person other than one who is certified pursuant to this section.

Sec. 19. NRS 484.3888 is hereby amended to read as follows:

484.3888 1. The committee on testing for intoxication may adopt regulations that require:

(a) The calibration of devices which are used to test a person’s blood or urine to determine the [amount] concentration of alcohol or the presence of a controlled substance in the person’s blood or urine;

(b) The certification of persons who make those calibrations;

(c) The certification of persons who operate devices for testing a person’s blood or urine to determine the [amount] concentration of alcohol or presence of a controlled substance in the person’s blood or urine; and

(d) The certification of persons who examine those operators.

2. The committee may adopt regulations that prescribe the essential procedures for the proper operation of the various types of devices used to test a person’s blood or urine to determine the [amount] concentration of alcohol or the presence of a controlled substance in the person’s blood or urine.

Sec. 20. NRS 484.391 is hereby amended to read as follows:

484.391 1. A person arrested for driving a vehicle while under the influence of intoxicating liquor or a controlled substance shall be permitted, upon his request and at his expense, reasonable opportunity to have a qualified person of his own choosing administer a chemical test or tests for the purpose of determining the [alcoholic content] concentration of alcohol in his blood or breath or the presence of a controlled substance in his blood.

2. The failure or inability to obtain such a test or tests by such person shall not preclude the admission of evidence relating to the refusal to submit to a test or relating to a test taken upon the request of a police officer.

3. A test obtained under the provisions of this section may not be substituted for or stand in lieu of the test required by NRS 484.383.

Sec. 21. NRS 484.3935 is hereby amended to read as follows:

484.3935 If:

1. A manufacturer or technician in a laboratory prepares a chemical solution or gas to be used in calibrating a device for testing a person’s breath to determine the [percent by weight] concentration of alcohol in his breath; and

2. The technician makes an affidavit or declaration that the solution or gas has the chemical composition that is necessary for calibrating the device,

it is presumed that the solution or gas has been properly prepared and is suitable for calibrating the device.

Sec. 22. NRS 484.394 is hereby amended to read as follows:

484.394 1. Any coroner, or other public official performing like duties, shall in all cases in which a death has occurred as a result of an accident involving a motor vehicle, whether the person killed is a driver, passenger or pedestrian, cause to be drawn from each decedent, within 8 hours of the accident, a blood sample to be analyzed for the presence and [amount] concentration of alcohol.

2. The findings of the examinations are a matter of public record and must be reported to the department by the coroner or other public official within 30 days [of] after the death.

3. Blood-alcohol analyses are acceptable only if made by laboratories licensed to perform this function.

Sec. 23. NRS 484.3941 is hereby amended to read as follows:

484.3941 As used in NRS 484.3941 to 484.3947, inclusive, unless the context otherwise requires, “device” means a mechanism that:

1. Tests a person’s breath to determine the concentration of alcohol in his breath; and

2. If the results of the test indicate that the person has a concentration of alcohol of 0.02 or more in his [breath that is equal to or greater than 0.02 grams of alcohol per 210 liters of] breath, prevents the motor vehicle in which it is installed from starting.

Sec. 24. NRS 484.3947 is hereby amended to read as follows:

484.3947 1. The committee on testing for intoxication shall on or before January 1, 1990, adopt regulations which:

(a) Provide for the certification of each model of those devices, described by manufacturer and model, which it approves as designed and manufactured to be accurate and reliable to test a person’s breath to determine the concentration of alcohol in the person’s breath and, if the results of the test indicate that the person has a concentration of alcohol of 0.02 or more in his [breath that is equal to or greater than 0.02 grams of alcohol per 210 liters of] breath, prevent the motor vehicle in which it is installed from starting.

(b) Prescribe the form and content of records respecting the calibration of devices, which must be kept by the director or his agent, and other records respecting the maintenance and operation of the devices which it finds should be kept by the director or his agent.

2. The committee shall establish its own standards and procedures for evaluating the models of the devices and obtain evaluations of those models from the director or his agent.

3. If a model of a device has been certified by the committee to be accurate and reliable pursuant to subsection 1, it is presumed that, as designed and manufactured, each device of that model is accurate and reliable to test a person’s breath to determine the concentration of alcohol in the person’s breath and, if the results of the test indicate that the person has a concentration of alcohol of 0.02 or more in his [breath that is equal to or greater than 0.02 grams of alcohol per 210 liters of] breath, will prevent the motor vehicle in which it is installed from starting.

Sec. 25. NRS 484.791 is hereby amended to read as follows:

484.791 1. Any peace officer may, without a warrant, arrest a person if the officer has reasonable cause for believing that the person has committed any of the following offenses:

(a) Homicide by vehicle;

(b) Driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or with a concentration of alcohol of 0.10 [percent] or more [by weight of alcohol] in his blood[;]or breath;

(c) Driving or being in actual physical control of a vehicle while under the influence of any controlled substance, under the combined influence of intoxicating liquor and a controlled substance, or after ingesting, applying or otherwise using any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders the person incapable of safely driving or exercising actual physical control of a vehicle;

(d) Failure to stop, give information or render reasonable assistance in the event of an accident resulting in death or personal injuries, as prescribed in NRS 484.219 and 484.223;

(e) Failure to stop or give information in the event of an accident resulting in damage to a vehicle or to other property legally upon or adjacent to a highway, as prescribed in NRS 484.221 and 484.225;

(f) Reckless driving;

(g) Driving a motor vehicle on a highway or on premises to which the public has access at a time when his driver’s license has been canceled, revoked or suspended; or

(h) Driving a motor vehicle in any manner in violation of the restrictions imposed in a restricted license issued to him pursuant to NRS 483.490.

2. Whenever any person is arrested as authorized in this section he must be taken without unnecessary delay before the proper magistrate as specified in NRS 484.803, except that in the case of either of the offenses designated in paragraphs (e) and (f) of subsection 1 a peace officer has the same discretion as is provided in other cases in NRS 484.795.

Sec. 26. NRS 488.405 is hereby amended to read as follows:

488.405 As used in NRS 488.410 and 488.420, the phrase [“0.10 percent]“concentration of alcohol of 0.10 or more [by weight of alcohol] in his blood[” includes a concentration of alcohol in the blood or breath of a person] or breath” means 0.10 gram or more [by weight of alcohol:

1. Per] per 100 milliliters of [his blood ; or

2. Per] the blood of a person or per 210 liters of his breath.

Sec. 27. NRS 488.407 is hereby amended to read as follows:

488.407 1. Except as otherwise provided in subsections 5 and 6, a person who operates or is in actual physical control of a vessel under power or sail on the waters of this state shall be deemed to have given his consent to an evidentiary test of his blood, urine, breath or other bodily substance for the purpose of determining the [alcoholic content] concentration of alcohol in his blood or breath or the presence of a controlled substance when such a test is administered at the direction of a peace officer having reasonable grounds to believe that the person to be tested was operating or exercising actual physical control of a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance.

2. If a person refuses to submit to such a test as directed by a peace officer, evidence of that refusal is admissible in any criminal action to determine whether the person was operating or exercising actual physical control of a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance.

3. The person to be tested must be informed that his refusal to submit to the test is admissible pursuant to subsection 2.

4. Any person who is dead, unconscious or otherwise in a condition rendering him incapable of refusal shall be deemed not to have withdrawn his consent, and any such test may be administered whether or not the person is informed that evidence of his refusal to submit to the test is admissible.

5. Any person who is afflicted with hemophilia or with a heart condition requiring the use of an anticoagulant as determined by a physician is exempt from any blood test which may be required pursuant to this section, but may be required to submit to a test of his breath or urine.

6. Except as otherwise provided in subsection 9, if the [alcoholic content]concentration of alcohol in the blood or breath of the person to be tested is in issue, he may refuse to submit to a blood test if means are reasonably available to perform a breath test. If the person requests a blood test and the means are reasonably available to perform a breath test, and he is subsequently convicted, he must pay for the cost of the substituted test, including the fees and expenses of witnesses in court.

7. If the presence of a controlled substance in the blood of the person is in issue, the officer may direct him to submit to a blood or urine test, or both, in addition to the breath test.

8. Except as otherwise provided in subsections 5 and 7, a peace officer shall not direct a person to submit to a urine test.

9. Except as otherwise provided in this subsection, a person who refuses to submit to a test required by this section must not be tested. If an officer has reasonable cause to believe that:

(a) The person to be tested was operating or in actual physical control of a vessel while under the influence of intoxicating liquor or a controlled substance; and

(b) The person thereby caused the death or substantial bodily harm of another,

the officer may direct that reasonable force be used to the extent necessary to obtain samples of blood from the person to be tested. Not more than three such samples may be taken during the 5-hour period immediately following the time of the initial arrest. In such a circumstance, the officer is not required to provide the person with a choice of tests for determining the [alcoholic content] concentration of alcohol in his blood or breath or presence of a controlled substance in his blood.

Sec. 28. NRS 488.410 is hereby amended to read as follows:

488.410 1. It is unlawful for any person who:

(a) Is under the influence of intoxicating liquor;

(b) Has a concentration of alcohol of 0.10 [percent] or more [by weight of alcohol] in his blood[;]or breath; or

(c) Is found by measurement within 2 hours after operating or being in actual physical control of a vessel to have a concentration of alcohol of 0.10 [percent] or more [by weight of alcohol] in his blood[,] or breath,

to operate or be in actual physical control of a vessel under power or sail on the waters of this state.

2. It is unlawful for any person who:

(a) Is under the influence of any controlled substance;

(b) Is under the combined influence of intoxicating liquor and a controlled substance; or

(c) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely operating or exercising actual physical control of a vessel under power or sail,

to operate or exercise actual physical control of a vessel under power or sail on the waters of this state.

3. If consumption is proven by a preponderance of the evidence, it is an affirmative defense under paragraph (c) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after operating or being in actual physical control of the vessel, and before his blood was tested, to cause [the] him to have a concentration of 0.10 or more of alcohol in his blood [to equal or exceed 0.10 percent.]or breath. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.

Sec. 29. NRS 488.420 is hereby amended to read as follows:

488.420 1. A person who:

(a) Is under the influence of intoxicating liquor;

(b) Has a concentration of alcohol of 0.10 [percent] or more [by weight of alcohol] in his blood[;]or breath;

(c) Is found by measurement within 2 hours after operating or being in actual physical control of a vessel under power or sail to have a concentration of alcohol of 0.10 [percent] or more [by weight of alcohol] in his blood[;]or breath;

(d) Is under the influence of a controlled substance, or under the combined influence of intoxicating liquor and a controlled substance; or

(e) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely operating or being in actual physical control of a vessel under power or sail,

and does any act or neglects any duty imposed by law while operating or being in actual physical control of any vessel under power or sail, if the act or neglect of duty proximately causes the death of, or substantial bodily harm to, a person other than himself, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years and shall be further punished by a fine of not less than $2,000 nor more than $5,000. A person so imprisoned must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.

3. If consumption is proven by a preponderance of the evidence, it is an affirmative defense under paragraph (c) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after operating or being in actual physical control of the vessel under power or sail, and before his blood was tested, to cause [the] him to have a concentration of alcohol of 0.10 or more in his blood [to equal or exceed 0.10 percent.]or breath. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.

4. If a person less than 15 years of age was in the vessel at the time of the defendant’s violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.

Sec. 30. NRS 488.450 is hereby amended to read as follows:

488.450 1. Any person who operates or is in actual physical control of a vessel under power or sail on the waters of this state shall be deemed to have given his consent to a preliminary test of his breath to determine the [alcoholic content] concentration of alcohol in his breath when the test is administered at the direction of a peace officer after a vessel accident or collision or where an officer stops a vessel, if the officer has reasonable grounds to believe that the person to be tested was operating or in actual physical control of a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance.

2. If the person fails to submit to the test, the officer shall arrest him and take him to a convenient place for the administration of a reasonably available evidentiary test under NRS 488.460.

3. The result of the preliminary test must not be used in any criminal action, except to show there were reasonable grounds to make an arrest.

Sec. 31. NRS 488.460 is hereby amended to read as follows:

488.460 1. Except as otherwise provided in subsections 3 and 4, a person who operates or is in actual physical control of a vessel under power or sail on the waters of this state shall be deemed to have given his consent to an evidentiary test of his blood, urine, breath or other bodily substance for the purpose of determining the [alcoholic content] concentration of alcohol in his blood or breath or the presence of a controlled substance when such a test is administered at the direction of a peace officer having reasonable grounds to believe that the person to be tested was operating or in actual physical control of a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance.

2. If the person to be tested pursuant to subsection 1 is dead or unconscious, the officer shall direct that samples of blood from the person be tested.

3. Any person who is afflicted with hemophilia or with a heart condition requiring the use of an anticoagulant as determined by a physician is exempt from any blood test which may be required pursuant to this section, but must, when appropriate pursuant to the provisions of this section, be required to submit to a breath or urine test.

4. If the [alcoholic content] concentration of alcohol of the blood or breath of the person to be tested is in issue:

(a) Except as otherwise provided in this section, the person may refuse to submit to a blood test if means are reasonably available to perform a breath test.

(c) A peace officer may direct the person to submit to a blood test as set forth in subsection 7 if the officer has reasonable grounds to believe that the person:

(1) Caused death or substantial bodily harm to another person as a result of operating or being in actual physical control of a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance; or

(2) Has been convicted within the previous 7 years of:

(I) A violation of NRS 484.379, 484.3795, subsection 2 of NRS 488.400, NRS 488.410 or 488.420 or a law of another jurisdiction that prohibits the same or similar conduct; or

5. If the presence of a controlled substance in the blood of the person is in issue, the officer may direct him to submit to a blood or urine test, or both, in addition to the breath test.

6. Except as otherwise provided in subsections 3 and 5, a peace officer shall not direct a person to submit to a urine test.

7. If a person to be tested fails to submit to a required test as directed by a peace officer pursuant to this section and the officer has reasonable grounds to believe that the person to be tested was operating or in actual physical control of a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance, the officer may direct that reasonable force be used to the extent necessary to obtain samples of blood from the person to be tested. Not more than three such samples may be taken during the 5-hour period immediately following the time of the initial arrest. In such a circumstance, the officer is not required to provide the person with a choice of tests for determining the alcoholic content or presence of a controlled substance in his blood.

Sec. 32. NRS 488.470 is hereby amended to read as follows:

488.470 1. Except as otherwise provided in subsection 2, an evidentiary test of breath to determine the [percentage] concentration of alcohol in a person’s breath may be used to establish that [percentage] concentration only if two consecutive samples of the person’s breath are taken and:

(a) The difference between the [percentage] concentration of alcohol in the person’s breath indicated by the two samples is less than or equal to 0.02;

(c) If the provisions of paragraphs (a) and (b) do not apply, a fourth evidentiary test is administered. Except as otherwise provided in NRS 488.460, the fourth evidentiary test must be a blood test.

3. If a person refuses or otherwise fails to provide a second or third consecutive sample or submit to a fourth evidentiary test, a peace officer may direct that reasonable force be used to obtain a sample or conduct a test pursuant to NRS 488.460.

Sec. 33. NRS 488.480 is hereby amended to read as follows:

488.480 1. If a person refuses to submit to a required chemical test provided for in NRS 488.460, evidence of that refusal is admissible in any criminal action arising out of acts alleged to have been committed while the person was operating or in actual physical control of a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance.

2. A court may not exclude evidence of a required test or failure to submit to such a test if the peace officer or other person substantially complied with the provisions of NRS 488.460.

3. If a person submits to a chemical test provided for in NRS 488.460, full information concerning that test must be made available, upon his request, to him or his attorney.

4. Evidence of a required test is not admissible in a criminal proceeding unless it is shown by documentary or other evidence that the device for testing breath was certified pursuant to NRS 484.3882 and was calibrated, maintained and operated as provided by the regulations of the committee on testing for intoxication adopted pursuant to NRS 484.3884, 484.3886 or 484.3888.

5. If the device for testing breath has been certified by the committee on testing for intoxication to be accurate and reliable pursuant to NRS 484.3882, it is presumed that, as designed and manufactured, the device is accurate and reliable for the purpose of testing a person’s breath to determine the [percent by weight]concentration of alcohol in the person’s breath.

6. A court shall take judicial notice of the certification by the director of a person to operate testing devices of one of the certified types. If a test to determine the amount of alcohol in a person’s breath has been performed with a certified type of device by a person who is certified pursuant to NRS 484.3886 or 484.3888, it is presumed that the person operated the device properly.

7. This section does not preclude the admission of evidence of a test of a person’s breath where the:

(a) Information is obtained through the use of a device other than one of a type certified by the committee on testing for intoxication.

(b) Test has been performed by a person other than one who is certified by the director.

Sec. 34. NRS 488.490 is hereby amended to read as follows:

488.490 1. A person arrested for operating or exercising actual physical control of a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance must be permitted, upon his request and at his expense, reasonable opportunity to have a qualified person of his own choosing administer a chemical test for the purpose of determining the [alcoholic content] concentration of alcohol in his blood or breath or the presence of a controlled substance in his blood.

2. The failure or inability to obtain such a test does not preclude the admission of evidence relating to the refusal to submit to a test or relating to a test taken upon the request of a peace officer.

3. A test obtained under the provisions of this section may not be substituted for or stand in lieu of the test required by NRS 488.460.

Sec. 35. NRS 488.510 is hereby amended to read as follows:

488.510 If:

2. The technician makes an affidavit or declaration that the solution or gas has the chemical composition that is necessary for calibrating the device,

it is presumed that the solution or gas has been properly prepared and is suitable for calibrating the device.

Sec. 36. NRS 488.520 is hereby amended to read as follows:

488.520 1. Any coroner, or other public officer performing like duties, shall in all cases in which a death has occurred as a result of an accident involving a vessel under power or sail on the waters of this state, whether the person killed is the operator of the vessel or a passenger or other person, cause to be drawn from each decedent, within 8 hours after the accident, a blood sample to be analyzed for the presence and [amount] concentration of alcohol.

2. The findings of the examinations are a matter of public record and must be reported to the commission by the coroner or other public officer within 30 days after the death.

3. Analyses of blood alcohol are acceptable only if made by laboratories licensed to perform this function.

Sec. 37. NRS 50.315 is hereby amended to read as follows:

50.315 1. Except as otherwise provided in subsections 6 and 7, the affidavit or declaration of a person is admissible in evidence in any criminal or administrative proceeding to prove:

(a) That the affiant or declarant has been certified by the director of the department of motor vehicles and public safety as being competent to operate devices of a type certified by the committee on testing for intoxication as accurate and reliable for testing a person’s breath to determine the [amount by weight] concentration of alcohol in his breath;

(b) The identity of a person from whom the affiant or declarant obtained a sample of breath; and

(c) That the affiant or declarant tested the sample using a device of a type so certified and that the device was functioning properly.

2. Except as otherwise provided in subsections 6 and 7, the affidavit or declaration of a person who prepared a chemical solution or gas that has been used in calibrating a device for testing another’s breath to determine the [amount] concentration of alcohol in his breath is admissible in evidence in any criminal or administrative proceeding to prove:

(a) The occupation of the affiant or declarant; and

(b) That the solution or gas has the chemical composition necessary for accurately calibrating it.

3. Except as otherwise provided in subsections 6 and 7, the affidavit or declaration of a person who calibrates a device for testing another’s breath to determine the [amount] concentration of alcohol in his breath is admissible in evidence in any criminal or administrative proceeding to prove:

(a) The occupation of the affiant or declarant;

(b) That on a specified date the affiant or declarant calibrated the device at a named law enforcement agency by using the procedures and equipment prescribed in the regulations of the committee on testing for intoxication;

(d) Upon completing the calibration of the device, it was operating properly.

4. Except as otherwise provided in subsections 6 and 7, the affidavit or declaration made under the penalty of perjury of a person who withdraws a sample of blood from another for analysis by an expert as set forth in NRS 50.320 is admissible in any criminal or administrative proceeding to prove:

(a) The occupation of the affiant or declarant;

(b) The identity of the person from whom the affiant or declarant withdrew the sample;

(c) The fact that the affiant or declarant kept the sample in his sole custody or control and in substantially the same condition as when he first obtained it until delivering it to another; and

(d) The identity of the person to whom the affiant or declarant delivered it.

5. Except as otherwise provided in subsections 6 and 7, the affidavit or declaration of a person who receives from another a sample of blood or urine or other tangible evidence that is alleged to contain alcohol or a controlled substance, chemical, poison or organic solvent may be admitted in any criminal, civil or administrative proceeding to prove:

(a) The occupation of the affiant or declarant;

(b) The fact that the affiant or declarant received a sample or other evidence from another person and kept it in his sole custody or control in substantially the same condition as when he first received it until delivering it to another; and

6. If, at or before the time of the trial, the defendant establishes that:

(a) There is a substantial and bona fide dispute regarding the facts in the affidavit or declaration; and

(b) It is in the best interests of justice that the witness who signed the affidavit or declaration be cross-examined,

the court may order the prosecution to produce the witness and may continue the trial for any time the court deems reasonably necessary to receive such testimony. The time within which a trial is required is extended by the time of the continuance.

7. During any trial in which the defendant has been accused of committing a felony, the defendant may object in writing to admitting into evidence an affidavit or declaration described in this section. If the defendant makes such an objection, the court shall not admit the affidavit or declaration into evidence and the prosecution may cause the person to testify in court to any information contained in the affidavit or declaration.

8. The committee on testing for intoxication shall adopt regulations prescribing the form of the affidavits and declarations described in this section.

Sec. 38. NRS 50.320 is hereby amended to read as follows:

50.320 1. The affidavit or declaration of a chemist and any other person who has qualified in the district court of any county to testify as an expert witness regarding the presence in the breath, blood or urine of a person of alcohol, a controlled substance, or a chemical, poison or organic solvent, or the identity or quantity of a controlled substance alleged to have been in the possession of a person, which is submitted to prove:

(a) The quantity of the purported controlled substance; or

(b) The [amount] concentration of alcohol or the presence or absence of a controlled substance, chemical, poison or organic solvent, as the case may be,

is admissible in the manner provided in this section.

2. An affidavit or declaration which is submitted to prove any fact set forth in subsection 1 must be admitted into evidence when submitted during any administrative proceeding, preliminary hearing or hearing before a grand jury. The court shall not sustain any objection to the admission of such an affidavit or declaration.

3. The defendant may object in writing to admitting into evidence an affidavit or declaration submitted to prove any fact set forth in subsection 1 during his trial. If the defendant makes such an objection, the court shall not admit the affidavit or declaration into evidence and the prosecution may cause the person to testify in court to any information contained in the affidavit or declaration.

4. The committee on testing for intoxication shall adopt regulations prescribing the form of the affidavits and declarations described in this section.

Sec. 39. NRS 202.257 is hereby amended to read as follows:

202.257 1. It is unlawful for a person who:

(a) Has a concentration of alcohol of 0.10 [percent] or more [by weight of alcohol] in his blood[;]or breath, or

(b) Is under the influence of any controlled substance, or is under the combined influence of intoxicating liquor and a controlled substance, or any person who inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely exercising actual physical control of a firearm,

to have in his actual physical possession any firearm. This prohibition does not apply to the actual physical possession of a firearm by a person who was within his personal residence and had the firearm in his possession solely for self-defense.

2. Any evidentiary test to determine whether a person has violated the provisions of subsection 1 must be administered in the same manner as an evidentiary test that is administered pursuant to NRS 484.383 to 484.3947, inclusive, except that submission to the evidentiary test is required of any person who is directed by a police officer to submit to the test. If a person to be tested fails to submit to a required test as directed by a police officer, the officer may direct that reasonable force be used to the extent necessary to obtain the samples of blood from the person to be tested, if the officer has reasonable cause to believe that the person to be tested was in violation of this section.

3. Any person who violates the provisions of subsection 1 is guilty of a misdemeanor.

4. A firearm is subject to forfeiture pursuant to NRS 179.1156 to 179.119, inclusive, only if, during the violation of subsection 1, the firearm is brandished, aimed or otherwise handled by the person in a manner which endangered others.

5. As used in this section, the phrase “concentration of alcohol of 0.10 or more in his blood or breath” has the meaning ascribed to it in NRS 484.0135.

Sec. 40. The amendatory provisions of this act do not apply to offenses that were committed before October 1, 1999.

Sec. 41. Sections 15 and 33 of this act become effective at 12:01 a.m. on October 1, 1999.”.

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

“AN ACT relating to traffic laws; revising the definition of the phrase describing the minimum content of alcohol required to be in the blood or breath of a person for the person to be considered to be operating a vehicle or vessel under the”.

Amend the summary of the bill, second line, by deleting “driving” and inserting:

“operating vehicles and vessels”.

Assemblyman Anderson moved the adoption of the amendment.

Remarks by Assemblyman Anderson.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 154.

Bill read second time.

The following amendment was proposed by the Committee on Transportation:

Amendment No. 903.

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

“who is transporting a child who is under 5 years of age [and who weighs less than 40 pounds] in a motor vehicle operated in this state which is”.

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

“AN ACT relating to motor vehicles; revising the circumstances under which a child who is being transported in a motor vehicle in this state must be secured by a device for restraining a”.

Assemblywoman Chowning moved the adoption of the amendment.

Remarks by Assemblymen Chowning, Buckley, Beers, Perkins and Bache.

Assemblyman Perkins moved that Senate Bill No. 154 be taken from the Second Reading File and placed on the Chief Clerk's desk.

Motion carried.

Senate Bill No. 168.

Bill read second time and ordered to third reading.

Senate Bill No. 235.

Bill read second time and ordered to third reading.

Senate Bill No. 244.

Bill read second time.

The following amendment was proposed by the Committee on Taxation:

Amendment No. 941.

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

“violations committed before January 1, 2000.”.

Amend sec. 5, page 2, by deleting line 31 and inserting:

“Sec. 5. This act becomes effective on January 1, 2000.”.

Assemblyman Goldwater moved the adoption of the amendment.

Remarks by Assemblyman Goldwater.

Amendment adopted.

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

Senate Bill No. 300.

Bill read second time and ordered to third reading.

Senate Bill No. 381.

Bill read second time.

The following amendment was proposed by the Committee on Transportation:

Amendment No. 904.

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

“1. A person or”.

Amend section 1, pages 1 and 2, by deleting lines 9 through 13 on page 1 and lines 1 through 6 on page 2.

Amend section 1, page 2, line 7, by deleting “3.” and inserting “2.”.

Amend section 1, page 2, line 9, by deleting “4.” and inserting “3.”.

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

“detection of moving traffic violations; providing that evidence obtained through the use of such a device is not admissible in a criminal or administrative proceeding; and providing”.

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

“traffic violations. (BDR 43‑504)”.

Assemblywoman Chowning moved the adoption of the amendment.

Remarks by Assemblymen Chowning, Giunchigliani and Price.

Amendment adopted.

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

Senate Bill No. 481.

Bill read second time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 893.

Amend the bill as a whole by renumbering sections 1 through 32 as sections 2 through 33, and adding a new section designated section 1, following the enacting clause, to read as follows:

“Section 1. Chapter 50 of NRS is hereby amended by adding thereto a new section to read as follows:

As used in NRS 50.265 to 50.345, inclusive, unless the context otherwise requires, “prohibited substance” has the meaning ascribed to it in section 20 of this act.”.

Amend section 1, page 2, by deleting lines 32 through 34 and inserting:

“urine or other tangible evidence that is alleged to contain alcohol or a controlled substance, chemical, poison , [or] organic solvent or another prohibited substance may be admitted in any criminal, civil or administrative proceeding”.

Amend sec. 2, page 3, by deleting lines 21 through 23 and inserting:

“expert witness regarding the presence in the breath, blood or urine of a person of alcohol, a controlled substance, or a chemical, poison , [or] organic solvent [,] or another prohibited substance, or the identity or quantity of a”.

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

“substance, chemical, poison , [or] organic solvent [,] or another prohibited substance, as the case may be,”

Amend sec. 3, page 4, by deleting line 11 and inserting:

“, [or] organic solvent [,] or another prohibited substance,”.

Amend sec. 3, page 5, by deleting line 2 and inserting:

“poison, organic solvent or another prohibited substance.”.

Amend sec. 11, page 10, line 35, by deleting “10” and inserting “11”.

Amend sec. 18, page 17, by deleting line 29 and inserting:

“poison, organic solvent or another prohibited substance.”.

Amend sec. 18, page 17, between lines 38 and 39, by inserting:

“3. As used in this section, “prohibited substance” has the meaning ascribed to it in section 20 of this act.”.

Amend sec. 19, page 18, by deleting lines 4 and 5 and inserting:

“2. Cocaine or cocaine metabolite.

3. Heroin or heroin metabolite (morphine or 6-monoacetyl morphine).”.

Amend sec. 19, page 18, by deleting lines 7 through 11 and inserting:

“5. Marihuana or marihuana metabolite.

6. Methamphetamine.

7. Phencyclidine.”.

Amend sec. 20, page 18, line 15, by deleting “19” and inserting “20”.

Amend sec. 22, page 19, by deleting lines 8 through 11 and inserting:

“3. It is unlawful for any person to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access with an amount of a prohibited substance in his blood or urine that is equal to or greater than:

Prohibited substance Urine Blood

Nanograms per milliliter Nanograms per milliliter

(a) Amphetamine 500 100

(b) Cocaine 150 50

(d) Heroin 2,000 50

(e) Heroin metabolite:

(1) Morphine 2,000 50

(2) 6-monoacetyl morphine 10 10

(f) Lysergic acid diethylamide 25 10

(g) Marihuana 10 2

(h) Marihuana metabolite 15 5

(i) Methamphetamine 500 100

(j) Phencyclidine 25 10”.

Amend sec. 27, page 26, by deleting lines 19 and 20 and inserting:

“(f) Has a prohibited substance in his blood or urine in an amount that is equal to or greater than the amount set forth in subsection 5 of NRS 484.379,”.

Amend sec. 30, page 28, by deleting lines 31 and 32 and inserting:

“whether a controlled substance [when] , chemical, poison, organic solvent or another prohibited substance is present, if such a test is administered at the direction of a police”.

Amend sec. 30, page 29, by deleting lines 31 and 32 and inserting:

“5. If the presence of a controlled substance , chemical, poison, organic solvent or another prohibited substance in the blood or urine of the”.

Amend sec. 30, page 30, line 6, after “substance” by inserting:

“or another prohibited substance”.

Amend sec. 31, page 30, by deleting lines 16 and 17 and inserting:

“his blood or has a detectable amount of a [controlled] prohibited substance in his [system,] blood or urine, if that person is present,”

Amend sec. 31, page 30, by deleting lines 29 and 30 and inserting:

“had a detectable amount of a [controlled] prohibited substance in his [system,] blood or urine, the officer shall immediately prepare and”.

Amend sec. 31, page 30, by deleting lines 35 and 36 and inserting:

“blood or with a detectable amount of a [controlled] prohibited substance in his [system,] blood or urine, as determined by a chemical test.”.

Amend sec. 31, page 31, by deleting lines 15 through 43 and inserting:

“[5. As used in this section, “controlled substance” means any of the following substances for which a valid prescription has not been issued to the consumer:

(a) Amphetamine;

(b) Benzoylecgonine;

(d) Heroin;

(e) Lysergic acid diethylamide;

(f) Mecloqualone;

(g) Mescaline;

(h) Methamphetamine;

(i) Methaqualone;

(j) Monoacetylmorphine;

(k) Phencyclidine;

(l) N-ethylamphetamine;

(m) N, N-dimethylamphetamine;

(n) 2, 5-dimethoxyamphetamine;

(o) 3, 4-methylenedioxyamphetamine;

(p) 3, 4, 5-trimethoxyamphetamine;

(q) 4-bromo-2, 5-dimethoxyamphetamine;

(r) 4-methoxyamphetamine;

(s) 4-methyl-2, 5-dimethoxyamphetamine;

(t) 5-dimethoxy-alpha-methylphenethylamine; or

(u) 5-methoxy-3, 4-methylenedioxyamphetamine,

if the substance is classified in schedule I or II pursuant to NRS 453.166 or 453.176 at the time the substance is consumed.]”.

Amend sec. 32, page 32, by deleting lines 15 and 16 and inserting:

“alcohol in his blood or a detectable amount of a [controlled] prohibited substance in his [system.] blood or urine. Upon an affirmative”.

Amend the bill as a whole by renumbering sections 33 through 48 as sections 35 through 50 and adding a new section designated sec. 34, following sec. 32, to read as follows:

“Sec. 34. NRS 484.3888 is hereby amended to read as follows:

484.3888 1. The committee on testing for intoxication may adopt regulations that require:

(a) The calibration of devices which are used to test a person’s blood or urine to determine the amount of alcohol or the presence of a controlled substance or another prohibited substance in the person’s blood or urine;

(b) The certification of persons who make those calibrations;

(c) The certification of persons who operate devices for testing a person’s blood or urine to determine the amount of alcohol or presence of a controlled substance or another prohibited substance in the person’s blood or urine; and

(d) The certification of persons who examine those operators.

2. The committee may adopt regulations that prescribe the essential procedures for the proper operation of the various types of devices used to test a person’s blood or urine to determine the amount of alcohol or the presence of a controlled substance or another prohibited substance in the person’s blood or urine.”.

Amend sec. 34, page 33, by deleting lines 18 and 19 and inserting:

“(b) Whether a controlled substance , chemical, poison, organic solvent or another prohibited substance is present in his blood [.] or urine.”.

Amend sec. 37, page 35, line 22, by deleting “19” and inserting “20”.

Amend sec. 38, page 36, by deleting lines 9 through 12 and inserting:

“3. It is unlawful for any person to operate or be in actual physical control of a vessel under power or sail on the waters of this state with an amount of a prohibited substance in his blood or urine that is equal to or greater than:

Prohibited substance Urine Blood

Nanograms per milliliter Nanograms per milliliter

(a) Amphetamine 500 100

(b) Cocaine 150 50

(d) Heroin 2,000 50

(e) Heroin metabolite:

(1) Morphine 2,000 50

(2) 6-monoacetyl morphine 10 10

(f) Lysergic acid diethylamide 25 10

(g) Marihuana 10 2

(h) Marihuana metabolite 15 5

(i) Methamphetamine 500 100

(j) Phencyclidine 25 10”.

Amend sec. 39, page 36, by deleting lines 35 and 36 and inserting:

“(f) Has a prohibited substance in his blood or urine in an amount that is equal to or greater than the amount set forth in subsection 3 of NRS 488.410,”.

Amend sec. 41, page 38, by deleting line 8 and inserting:

“substance [when] , chemical, poison, organic solvent or another prohibited substance is present, if such”.

Amend sec. 41, page 39, by deleting lines 10 and 11 and inserting:

“5. If the presence of a controlled substance , chemical, poison, organic solvent or another prohibited substance in the blood or urine of the”.

Amend sec. 41, page 39, line 29, after “substance” by inserting:

“or another prohibited substance”.

Amend sec. 43, page 40, by deleting lines 39 and 40 and inserting:

“(b) Whether a controlled substance , chemical, poison, organic solvent or another prohibited substance is present in his blood [.] or urine.”.

Amend sec. 45, page 41, by deleting lines 29 and 30 and inserting:

“records of a patient which relate to a test of his blood, breath or urine if:”.

Amend sec. 45, page 41, by deleting lines 39 and 40 and inserting:

“controlled substance , chemical, poison, organic solvent or another prohibited substance in the blood, breath or urine of the patient.”.

Amend sec. 45, page 42, between lines 9 and 10, by inserting:

“5. As used in this section, “prohibited substance” has the meaning ascribed to it in section 20 of this act.”.

Amend the bill as a whole by renumbering sections 49 and 50 as sections 53 and 54 and adding new sections designated sections 51 and 52, following sec. 48, to read as follows:

“Sec. 51. Section 2 of Assembly Bill No. 620 of this session is hereby amended to read as follows:

Sec. 2. NRS 488.480 is hereby amended to read as follows:

488.480 1. If a person refuses to submit to a required chemical test provided for in NRS488.450 or 488.460, evidence of that refusal is admissible in any criminal action arising out of acts alleged to have been committed while the person was:

(a) Operating or in actual physical control of a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance; or

(b) Engaging in any other conduct prohibited by NRS 488.410 or 488.420.

2. Except as otherwise provided in subsection 3 of NRS 488.450, a court may not exclude evidence of a required test or failure to submit to such a test if the peace officer or other person substantially complied with the provisions of NRS 488.450 to 488.500, inclusive.

3. If a person submits to a chemical test provided for in NRS 488.450 or 488.460, full information concerning that test must be made available, upon his request, to him or his attorney.

4. Evidence of a required test is not admissible in a criminal proceeding unless it is shown by documentary or other evidence that the device for testing breath was certified[,] pursuant to NRS 484.3882 and was calibrated, maintained and operated as provided by the regulations of the committee on testing for intoxication adopted pursuant to NRS [484.3882,] 484.3884, 484.3886 or 484.3888.

5. If the device for testing breath has been certified by the committee on testing for intoxication to be accurate and reliable pursuant to [subsection 1of] NRS 484.3882, it is presumed that, as designed and manufactured, the device is accurate and reliable for the purpose of testing a person’s breath to determine the percent by weight of alcohol in the person’s breath.

7. This section does not preclude the admission of evidence of a test of a person’s breath where the:

(a) Information is obtained through the use of a device other than one of a type certified by the committee on testing for intoxication.

(b) Test has been performed by a person other than one who is certified by the director.

Sec. 52. Section 2 of Assembly Bill No. 678 of this session is hereby amended to read as follows:

Sec. 2. NRS 483.020 is hereby amended to read as follows:

483.020 As used in NRS 483.010 to 483.630, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 483.025 to 483.190, inclusive, section 1 of this act and section 11 of [this act] Senate Bill No. 481 of this session have the meanings ascribed to them in those sections.”.

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

“blood, urine or other bodily substance;” and inserting:

“blood or urine;”.

Assemblyman Anderson moved the adoption of the amendment.

Remarks by Assemblyman Anderson.

Amendment adopted.

Assemblymen Anderson moved that upon return from the printer Senate Bill No. 481 be re-referred to the Committee on Ways and Means.

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

Senate Joint Resolution No. 3.

Resolution read second time and ordered to third reading.

Senate Bill No. 61.

Bill read second time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 947.

Amend the bill as a whole by renumbering sections 192 and 193 as sections 194 and 195 and adding new sections designated sections 192 and 193, following sec. 191, to read as follows:

“Sec. 192. Section 1 of Senate Bill No. 121 of this session is hereby amended to read as follows:

Section 1. Chapter 113 of NRS is hereby amended by adding thereto a new section to read as follows:

1. Except as otherwise provided in subsection 3, in a county whose population is 400,000 or more, a seller may not sign a sales agreement with the initial purchaser of a residence unless the seller, at least 24 hours before the time of the signing, provides the initial purchaser with a disclosure document that contains:

(a) A copy of the most recent gaming enterprise district map that has been made available for public inspection pursuant to NRS 463.309 by the city or town in which the residence is located or, if the residence is not located in a city or town, by the county in which the residence is located; and

(b) The location of the gaming enterprise district that is nearest to the residence, regardless of the jurisdiction in which the nearest gaming enterprise district is located.

The seller shall retain a copy of the disclosure document that has been signed by the initial purchaser acknowledging the time and date of receipt by the initial purchaser of the original document.

2. The information contained in the disclosure document required by subsection 1 must:

(a) Be updated not less than once every 6 months;

(b) Advise the initial purchaser that gaming enterprise districts are subject to change; and

(c) Provide the initial purchaser with instructions on how to obtain more current information regarding gaming enterprise districts.

3. The initial purchaser of a residence may waive the 24-hour period required by subsection 1 if the seller provides the initial purchaser with the information required by subsections 1 and 2 and the initial purchaser signs a written waiver. The seller shall retain a copy of the written waiver that has been signed by the initial purchaser acknowledging the time and date of receipt by the initial purchaser of the original document.

4. As used in this section, “seller” has the meaning ascribed to it in NRS 113.070.

Sec. 193. Section 2 of Senate Bill No. 121 of this session is hereby amended to read as follows:

Sec. 2. NRS 113.070 is hereby amended to read as follows:

113.070 1. [Except as otherwise provided in subsection 3, in a county whose population is 400,000 or more, a seller may not sign a sales agreement with the initial purchaser of a residence unless the seller, at least 24 hoursbefore the time of the signing, provides the initial purchaser with a disclosure document that contains:

(b) The location of the gaming enterprise district that is nearest to the residence, regardless of the jurisdiction in which the nearest gaming enterprise district is located.

residence may waive the 24-hour period required by subsection 1 if the seller provides the initial purchaser with the informationThe seller shall retain a copy of the disclosure document which has been signed by the initial purchaser acknowledging the time and date of receipt by the initial purchaser of the original document.

2. The information contained in the disclosure document required by subsection 1 must:

(a) Be updated no less than once every 4 months;

(b) Advise the initial purchaser that gaming enterprise districts are subject to change; and

3. The initial purchaser of a required by subsections 1 and 2 and the initial purchaser signs a written waiver. The seller shall retain a copy of the written waiver which has been signed by the initial purchaser acknowledging the time and date of receipt by the initial purchaser of the original document.

4.] Before the initial purchaser of a residence signs a sales agreement[,]or opens escrow, whichever occurs earlier, the seller shall, by separate written document, disclose to [him]the initial purchaser the zoning [designations]classificationsand the designations in the master plan regarding land use[,] adopted pursuant to chapter 278 of NRS , and the general land uses described therein,for the adjoining parcels of land. The written document must contain a statement with the following language:

Zoning classifications describe the land uses currently permitted on a parcel of land. Designations in the master plan regarding land use describe the land uses that the governing city or county proposes for a parcel of land. Zoning classifications and designations in the master plan regarding land use are established and defined by local ordinances. If the zoning classification for a parcel of land is inconsistent with the designation in the master plan regarding land use for the parcel, the possibility exists that the zoning classification may be changed to be consistent with the designationin themaster plan regarding land use for the parcel. Additionally, the localordinances that establish and define the various zoning classifications and designations in the master plan regarding land use are also subject to change.

2. If the residence is located within a subdivision, the disclosure made pursuant to subsection 1 must be made regarding all parcels of land adjoining the unit of the subdivision in which the residence is located. If the residence is located on land divided by a parcel map and not located within a subdivision, the disclosure must be made regarding all parcels of land adjoining the parcel map. Such a disclosure must be made regardless of whether the adjoining parcels are owned by the seller. The seller shall retain a copy of the disclosure document which has been signed by the initial purchaser acknowledging the date of receipt by the initial purchaser of the original document.

[5.]3. The information contained in the disclosure document required by subsection[4] 1must:

(a) Be updated [no]not less than once every 6 months, if the information is available from the local government;

(b) Advise the initial purchaser that the master plan is for the general, comprehensive and long-term development of land in the area and that the designations in the master plan regarding land use provide the most probable indication of future development which may occur on the surrounding properties;

(c) Advise the initial purchaser that the master plan and zoning ordinances and regulations adopted pursuant to the master plan are subject to change; and

[(c)](d) Provide the initial purchaser with instructions on how to obtain more current information[.

6.] regarding zoning classifications and designations in the master plan regarding land use.

4. As used in this section, “seller” means a person who sells or attempts to sell any land or tract of land in this state which is divided or proposed to be divided over any period into two or more lots, parcels, units or interests, including, but not limited to, undivided interests, which are offered, known, designated or advertised as a common unit by a common name or as a part of a common promotional plan of advertising and sale.”.

Amend sec. 193, page 89, by deleting line 31 and inserting:

“Sec. 195. 1. This act becomes effective on July 1, 1999.

2. The amendatory provisions of section 188 of this act expire by limitation on November 30, 1999.”.

Assemblyman Anderson moved the adoption of the amendment.

Remarks by Assemblyman Anderson.

Amendment adopted.

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

Assembly Bill No. 320.

Bill read second time and ordered to third reading.

Assembly Joint Resolution No. 24.

Resolution read second time and ordered to third reading.

Senate Bill No. 10.

Bill read second time.

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

Amendment No. 912.

Amend sec. 15, page 5, by deleting lines 8 and 9 and inserting:

“advisory committee consists of:

(a) One member who is the chairman of a tribal council or chief of a Nevada Indian tribe and is appointed by the governing body of a unit of the Indian Health Service that is designated to serve the health care needs of Indians in the eastern portion of this state. The appointed member may designate a representative to serve in his absence.

(b) One member who is the chairman of a tribal council or chief of a Nevada Indian tribe and is appointed by the governing body of a unit of the Indian Health Service that is designated to serve the health care needs of Indians in the western portion of this state. The appointed member may designate a representative to serve in his absence.

(d) One member who is appointed by the governing board of an organization that is partially funded by the Indian Health Service and which specifically serves the health care needs of Indians in each county whose population is more than 100,000, but less than 400,000.

(e) One member who is appointed by the governing board of an organization that is partially funded by the Indian Health Service and which specifically serves the health care needs of Indians in each county whose population is 400,000 or more.”.

Amend sec. 16, page 5, by deleting lines 18 through 21 and inserting:

“Sec. 16. 1. Each member of the advisory committee serves without compensation.”.

Amend sec. 17, page 5, line 33, by deleting “Advise” and inserting:

“Provide written reports, analysis and advice to”.

Amend sec. 17, page 5, line 38, after “Make” by inserting “written”.

Amend sec. 17, page 5, by deleting lines 40 through 42 and inserting:

“2. The commission shall:

(a) Consider the advice and recommendations of the advisory committee and make any appropriate written recommendations to the director of the department of human resources as a result of this review; and

(b) Provide the necessary staff to assist the advisory committee in performing its duties, including, without limitation, staff to assist in preparing written reports and analysis pursuant to subsection 1.”.

Assemblywoman Leslie moved the adoption of the amendment.

Remarks by Assemblywoman Leslie.

Amendment adopted.

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

Senate Bill No. 21.

Bill read second time.

The following amendment was proposed by the Committee on Education:

Amendment No. 972.

Amend section 1, page 3, line 27, by deleting “related to” and inserting:

“[related to] necessary for”.

Amend section 1, page 3, line 30, by deleting “related to” and inserting “necessary for”.

Amend section 1, page 3, line 32, by deleting “related to” and inserting “necessary for”.

Amend section 1, page 3, line 34, by deleting “related to” and inserting “necessary for”.

Assemblyman Williams moved the adoption of the amendment.

Remarks by Assemblyman Williams.

Amendment adopted.

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

Senate Bill No. 39.

Bill read second time.

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

Amendment No. 1017.

Amend sec. 60, page 33, line 4, by deleting “Once” and inserting:

“Except as otherwise provided in section 1 of Assembly Bill No. 275 of this [act,] session, once”.

Amend sec. 61, page 33, line 16, after “Association,” by inserting:

“the Government National Mortgage Association,”.

Amend sec. 61, page 33, line 28, by deleting “and above”.

Amend sec. 61, page 34, line 42, by deleting “3” and inserting “5”.

Amend sec. 61, page 35, line 13, by deleting “and”.

Amend sec. 61, page 35, line 15, by deleting “equivalent.” and inserting:

“equivalent; and

(s) Asset-backed securities that are rated by a nationally recognized rating service as “AAA” or its equivalent.”.

Amend sec. 61, page 35, line 39, after “enter” by inserting “into”.

Amend the bill as a whole by deleting sections 69 and 70 and inserting:

“Secs. 69 and 70. (Deleted by amendment.)”.

Amend the bill as a whole by deleting sections 72 through 75 and inserting:

“Secs. 72-75. (Deleted by amendment.)”.

Amend sec. 76, page 45, line 17, by deleting “Whenever any” and inserting “If a”.

Amend sec. 77, page 45, by deleting lines 24 through 27 and inserting:

“356.200 1. With unanimous consent of his bondsmen, a county officer, other than a county treasurer, may deposit county money received by the office of the county officer in an insured bank, insured credit union or insured savings and loan association located in the State of Nevada.”.

Amend sec. 77, page 45, line 28, by deleting “Whenever” and inserting “If”.

Amend sec. 77, page 45, line 30, by deleting “such an” and inserting “the”.

Amend sec. 77, page 45, by deleting lines 33 through 35 and inserting:

“4. The balance in each such account, as certified by the proper officer of the bank, credit union or savings and loan association in which the money is deposited, and by oath of the county treasurer, may be accounted for by the county as cash.”.

Amend sec. 77, page 45, line 36, by deleting:

“bank , credit union” and inserting:

“bank, credit union”.

Amend sec. 77, page 46, line 3, by deleting:

“bank , credit union” and inserting:

“bank, credit union”.

Amend sec. 77, page 46, line 7, by deleting “[1st]first” and inserting “first”.

Amend sec. 88, page 50, by deleting sec. 88 and inserting:

“Sec. 88 (Deleted by amendment.)”.

Amend sec. 90, page 51, by deleting line 17 and inserting:

“408.383 1. Except as otherwise provided in subsections 2 and 11, the director”.

Amend sec. 90, page 52, between lines 37 and 38, by inserting:

“9. A contractor shall disburse money paid to him pursuant to this section, including any interest that the contractor receives, to his subcontractors and suppliers within 15 days after he receives the money in the proportion that the value of the work performed by each subcontractor or the materials furnished by each supplier bears to the total amount of the contract between the principal contractor and the department.

10. Money payable to a subcontractor or supplier accrues interest at a rate equal to the lowest daily prime rate at the three largest banks in the United States on the date the subcontract or order for supplies was executed plus 2 percent, from 15 days after the money was received by the principal contractor until the date of payment.

11. If a contractor withholds more than 10 percent of a payment required by subsection 9, the subcontractor or supplier may inform the director in writing of the amount due. The director shall attempt to resolve the dispute between the contractor and the subcontractor or supplier within 20 working days after the date that the director receives notice of the amount due. If the dispute is not resolved within 20 working days after the date that the director receives notice of the amount due, the contractor shall deposit the disputed amount in an escrow account that bears interest. The contractor, subcontractor or supplier may pursue any legal or equitable remedy to resolve the dispute over the amount due. The director may not be made a party to any legal or equitable action brought by the contractor, subcontractor or supplier.”.

Amend sec. 150, page 90, line 4, by deleting “state,” and inserting “state.”

Amend sec. 150, page 90, line 7, after “inclusive,” by inserting:

“or chapter 617”.

Amend sec. 150, page 90, line 14, by deleting “employer,” and inserting “employer”.

Amend sec. 150, page 90, line 23, by deleting “property,” and inserting “property”.

Amend sec. 150, page 90, line 28, by deleting “property,” and inserting “property”.

Amend sec. 150, page 90, line 41, after “inclusive,” by inserting:

“or chapter 617”.

Amend sec. 197, page 110, line 40, by deleting “Every” and inserting “A”.

Amend sec. 197, page 110, by deleting line 42 and inserting:

“the trust company, and all investments made by the trust company as a fiduciary must”.

Amend sec. 197, page 111, line 3, by deleting “Holding” and inserting:

“When it holds”.

Amend sec. 197, page 111, line 14, by deleting “Acting” and inserting:

“When it acts”.

Amend sec. 197, page 111, line 17, after “the” by inserting “trust”.

Amend sec. 197, page 111, line 22, after “of the” by inserting “trust”.

Amend sec. 197, page 111, line 23, by deleting “Every” and inserting “A”.

Amend sec. 197, page 111, by deleting lines 32 through 36 and inserting:

“4. Except as otherwise provided in subsection 5, the assets forming the capital of a trust company must:

(a) Be governmental obligations or insured deposits that mature within 3 years after acquisition.

(b) Have an aggregate market value that equals or exceeds 60”.

Amend sec. 197, page 111, line 40, after “of the” by inserting “trust”.

Amend the bill as a whole by renumbering sec. 220 as sec. 221 and adding a new section designated sec. 220, following sec. 219, to read as follows:

“Sec. 220. Section 50 of Assembly Bill No. 584 of this session is hereby amended to read as follows:

Sec. 50. NRS 360.510 is hereby amended to read as follows:

360.510 1. If any person is delinquent in the payment of any tax or fee administered by the department or if a determination has been made against him which remains unpaid, the department may:

(a) Not later than 3 years after the payment became delinquent or the determination became final; or

(b) Not later than 5 years after the last recording of an abstract of judgment or of a certificate constituting a lien for tax owed,

give a notice of the delinquency and a demand to transmit personally or by registered or certified mail to any person, including, without limitation, any officer or department of [the] thisstate or any political subdivision or agency of [the] thisstate, who has in his possession or under his control any credits or other personal property belonging to the delinquent, or owing any debts to the delinquent or person against whom a determination has been made which remains unpaid, or owing any debts to the delinquent or that person. In the case of any state officer, department or agency, the notice must be given to the officer, department or agency before [it] the departmentpresents the claim of the delinquent taxpayer to the state controller.

2. A state officer, department or agency which receives such a notice may satisfy any debt owed to it by that person before it honors the [department’s notice.]notice of the department.

3. After receiving the demand to transmit, the [persons so] personnotified by the demandmay not transfer or otherwise dispose of the credits, other personal property, or debts in [their] hispossession or under [their] hiscontrol at the time [they] hereceived the notice until the department consents to a transfer or other disposition.

4. [All persons so] Every personnotified by a demand to transmit shall, within 10 days after receipt of the demand to transmit, inform the department of, and transmit to the department all such credits, other personal property, or debts in [their] hispossession, under [their] hiscontrol or owing by [them] him within the time and in the manner requested by the department. Except as otherwise provided in subsection 5, no further notice is required to be served to [those persons.]that person.

5. If the property of the delinquent taxpayer consists of a series of payments owed to him, the person who owes or controls the payments shall transmit the payments to the department until otherwise notified by the department. If the debt of the delinquent taxpayer is not paid within 1 year after the department issued the original demand to transmit, [it] the departmentshall issue another demand to transmit to the person responsible for making the payments informing him to continue to transmit payments to the department or that his duty to transmit the payments to the department has ceased.

6. If the notice of the delinquency seeks to prevent the transfer or other disposition of a deposit in a bank or credit union or other credits or personal property in the possession or under the control of a bank, credit union or other depository institution, the notice must be delivered or mailed to the branch or office of the bank, credit union or other depository institution at which the deposit is carried or at which the credits or personal property is held.

7. If any person [so] notified by the notice of the delinquency makes any transfer or other disposition of the property or debts required to be withheld or transmitted, to the extent of the value of the property or the amount of the debts thus transferred or paid, he is liable to the state for any indebtedness due pursuant to [NRS482.313,] this chapter , or chapter 362, 364A, [365,] 369, 370, 372, 372A, [373,] 374, 377, 377A[, 444A, 585, 590] or 444A of NRS, NRS 482.313, or chapter 585 or 680B of NRS from the person with respect to whose obligation the notice was given if solely by reason of the transfer or other disposition the state is unable to recover the indebtedness of the person with respect to whose obligation the notice was given.”.

Amend the bill as a whole by adding a new section designated sec. 222, following sec. 220, to read as follows:

“Sec. 222. Sections 76, 77, 90, 150 and 197 of this act become effective at 12:01 a.m. on October 1, 1999.”.

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. 50.

Bill read second time and ordered to third reading.

Senate Bill No. 51.

Bill read second time.

The following amendment was proposed by the Committee on Education:

Amendment No. 1037.

Amend section 1, pages 1 and 2, by deleting lines 2 through 11 on page 1 and lines 1 through 25 on page 2, and inserting:

“391.160 1. The salaries of teachers and other employees must be determined by the character of the service required. A school district shall not discriminate between male and female employees in the matter of salary.

2. Each year when determining the salary of a teacher who holds certification issued by the National Board for Professional Teaching Standards, a school district shall add 5 percent to the salary that the teacher would otherwise receive in 1 year for his classification on the schedule of salaries for the school district if:

(a) On or before September 15 of the school year, the teacher has submitted evidence satisfactory to the school district of his current certification; and

(b) The teacher is assigned by the school district to provide classroom instruction during that school year.

No increase in salary may be given during a particular school year to a teacher who submits evidence of certification after September 15 of that school year. Once a teacher has submitted evidence of such certification to the school district, the school district shall retain the evidence in its records, as applicable, for future school years. An increase in salary given in accordance with this subsection is in addition to any other increase to which the teacher may otherwise be entitled.

3. In determining the salary of a licensed teacher who is employed by a school district after [having] the teacher has been employed by another school district in this state, the present employer shall, except as otherwise provided in subsection [4:] 5:

(a) Give the teacher the same credit for previous teaching service as he was receiving from his former employer at the end of his former employment; and

(b) Give [him] the teacher credit for his final year of service with his former employer, if credit for that service is not included in credit given pursuant to paragraph (a).

4. A school district may give the credit required by subsection 3 for previous teaching service earned in another state if the commission has approved the standards for licensing teachers of that state. The commission shall adopt regulations that establish the criteria by which the commission will consider the standards for licensing teachers of other states for the purposes of this subsection. The criteria may include, without limitation, whether the commission has authorized reciprocal licensure of educational personnel from the state under consideration.

5. This section does not:

(a) Require a school district to allow a teacher more credit for previous teaching service than the maximum credit for teaching experience provided for in the schedule of salaries established by it for its licensed personnel.

(b) Permit a school district to deny a teacher credit for his previous teaching service on the ground that the service differs in kind from the teaching experience for which credit is otherwise given by the school district.

[5.]6. As used in this section, “previous teaching service” means the total of:

(a) Any period of teaching service for which a teacher received credit from his former employer at the beginning of his former employment; and

(b) His period of teaching service in his former employment.”.

Amend sec. 4, page 2, line 34, by deleting:

“upon passage and approval” and inserting:

“at 12:01 a.m. on July 1, 1999,”

Assemblyman Williams moved the adoption of the amendment.

Remarks by Assemblyman Williams.

Amendment adopted.

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

Senate Bill No. 117.

Bill read second time.

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

Amendment No. 975.

Amend section 1, page 1, line 13, after “commission.” by inserting:

“A subcommittee or advisory committee appointed pursuant to this subsection must not contain more than five members. To the extent practicable, the members of such a subcommittee or advisory committee must be representative of the various geographic areas and ethnic groups of this state.”.

Assemblywoman Freeman moved the adoption of the amendment.

Remarks by Assemblywoman Freeman.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 125.

Bill read second time.

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

Amendment No. 942.

Amend section 1, page 1, lines 2 and 3, by deleting “state treasurer” and inserting:

“secretary of state”.

Amend sec. 2, page 1, line 6, by deleting “state treasurer” and inserting:

“secretary of state”.

Amend the bill as a whole by deleting sections 18 and 19, renumbering sections 20 through 26 as sections 19 through 25 and adding a new section designated sec. 18, following sec. 17, to read as follows:

“Sec. 18. NRS 225.080 is hereby amended to read as follows:

225.080 The secretary of state shall:

1. Attest all the official acts and proceedings of the governor, and affix the seal of the state, with proper attestations, to all commissions, pardons and other public instruments to which the signature of the governor is required. A copy of these instruments must be filed in the office of the secretary of state.

2. Lay all papers, minutes and vouchers relative to the official acts and proceedings of the governor before either house of the legislature when required by that house.

3. Keep the official bond of the treasurer, while the bond is in force.

4. Permit all the records and transactions of his office to be open at all times to the inspection and examination of any committee of either house of the legislature.

5. Furnish information, in writing, upon any subject relating to the duties of his office to the governor, whenever required.

6. Deliver, in good order and condition, to his successor, all records, books, papers and other things belonging to his office.

7. Serve as the administrator of unclaimed property.”.

Amend sec. 22, page 13, line 24, by deleting “state treasurer” and inserting:

“secretary of state”.

Amend sec. 22, page 13, line 29, by deleting “state treasurer” and inserting:

“secretary of state”.

Amend sec. 23, page 14, line 8, by deleting “state treasurer” and inserting:

“secretary of state”.

Amend sec. 23, page 14, line 13, by deleting “state treasurer” and inserting:

“secretary of state”.

Amend sec. 26, page 14, line 23, by deleting ““state treasurer” and inserting:

““secretary of state”.

Amend sec. 26, page 14, line 27, by deleting ““state treasurer” and inserting:

““secretary of state”.

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

“secretary of state; and providing other matters properly relating thereto.”.

Amend the summary of the bill, second line, by deleting “state treasurer.” and inserting:

“secretary of state.”.

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. 211.

Bill read second time.

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

Amendment No. 859.

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

“Section 1. NRS 501.341 is hereby amended to read as follows:

501.341 The headquarters of the division must be maintained at [Reno. Other]such a location in the state, and other offices may be established throughout the state in such number and location , as will, in the opinion of the administrator and commission, provide an efficient divisional operation.”.

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

“1. The division shall contract with a private entity to conduct a drawing and to award and issue the tags for a special season.”.

Amend section 1, page 1, line 6, after “selection.” by inserting:

“The contract must provide for the acquisition by the division of the ownership of the computer program at the end of the term of the contract.”.

Amend section 1, page 1, line 15, by deleting:

“Within 10 days” and inserting:

“As soon as practicable”.

Amend the bill as a whole by deleting sections 3 through 5 and renumbering sec. 6 as sec. 4.

Amend the bill as a whole by deleting sec. 7.

Amend the title of the bill to read as follows:

“AN ACT relating to the division of wildlife of the state department of conservation and natural resources; allowing a change in the location of the headquarters of the division; requiring the division to contract with a private entity to conduct a drawing to award and issue tags for a special season; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Makes various changes regarding operation of division of wildlife of state department of conservation and natural resources. (BDR 45‑718)”.

Assemblyman de Braga moved the adoption of the amendment.

Remarks by Assemblymen de Braga, Giunchigliani and Bache.

Amendment adopted.

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

Senate Bill No. 215.

Bill read second time.

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

Amendment No. 922.

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

Amend sec. 5, page 4, line 7, by deleting “[30] 45” and inserting “30”.

Assemblyman Bache moved the adoption of the amendment.

Remarks by Assemblyman Bache.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 259.

Bill read second time.

The following amendment was proposed by the Committee on Taxation:

Amendment No. 944.

Amend sec. 2, page 5, by deleting lines 31 and 32 and inserting:

“(c) A business that creates or produces motion pictures. As used in this paragraph,”.

Amend sec. 7, page 9, by deleting lines 5 through 12 and inserting:

“2. “Production” means[:

(a) A stage production; or

(b) A motion picture, as that term is defined in NRS 231.020, that uses artists.]a stage production, concert, trade show, exhibition, convention or sporting event.The term includes the technical personnel used to create and produce the production.”.

Amend sec. 7, page 9, by deleting lines 15 through 21 and inserting:

“or attempts to organize a production. [The term also includes a company that, in connection with the production of a motion picture within this state:

(a) Is hired or established to organize or manage the payroll of the production and is the employer of record of any or all of the persons engaged in the production; or

(b) Is responsible for all of the debts and obligations incurred by a motion picture company in the production.]”.

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

Amend sec. 10, page 11, by deleting lines 6 through 11 and inserting:

“608.300 to 608.330, inclusive[:

1. Is] , isguilty of a misdemeanor . [; and

2. May be prohibited by the division of motion pictures of the commission on economic development from proceeding with the production until the division determines that he is in compliance with those provisions.]”.

Amend sec. 11, page 11, line 12, by deleting “is” and inserting:

“and 608.325 are”.

Amend the text of repealed sections by adding the text of NRS 608.325.

Amend the title of the bill to read as follows:

“AN ACT relating to business; revising the requirements for certain businesses to qualify for a partial abatement of certain taxes imposed on the personal property of the business or to comply with certain duties imposed for the privilege of conducting business in this state; increasing the membership of the commission on tourism; revising the provisions concerning legislative appropriations to the commission on economic development for awarding grants to develop certain programs for occupational education; and providing other matters properly relating thereto.”.

Assemblyman Goldwater moved the adoption of the amendment.

Remarks by Assemblyman Goldwater.

Amendment adopted.

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

Senate Bill No. 289.

Bill read second time and ordered to third reading.

Senate Bill No. 310.

Bill read second time.

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

Amendment No. 935.

Amend sec. 6, page 2, line 8, by deleting the period and inserting:

“and may designate another person to serve on his behalf.”.

Amend sec. 6, page 2, by deleting lines 19 through 24 and inserting:

“3. The members of the commission shall elect a chairman and vice chairman by a majority vote. After the initial election, the chairman and vice chairman serve in the office for a term of 1 year beginning on July 1 of each year. If a vacancy occurs in the chairmanship or vice chairmanship, the members of the commission shall elect a chairman or vice”.

Amend sec. 8, page 3, by deleting lines 6 through 19 and inserting:

“knowledge of the residents of this state concerning the livestock industry on grazing lands;

2. Establish programs to provide information to the residents of this state concerning the livestock industry on grazing lands;

3. Conduct advertising campaigns to promote the livestock industry on grazing lands;

4. Support the responsible control, management or use of grazing lands;

5. Compile information concerning the livestock industry on grazing lands and disseminate that information to each state grazing board;

6. Make determinations concerning the availability of forage on grazing lands; and

7. Take any action it determines is necessary to stabilize the livestock industry on grazing lands.”.

Amend sec. 9, page 3, line 21, by deleting “agency or” and inserting “agency,”.

Amend sec. 9, page 3, line 22, after “organization” by inserting:

“or any representatives of an industry”.

Amend sec. 9, page 3, line 29, by deleting “industry;” and inserting:

“industry on grazing lands;”.

Amend sec. 11, pages 3 and 4, by deleting lines 37 through 43 on page 3 and lines 1 through 17 on page 4 and inserting:

“Sec. 11. 1. The commission shall, not later than January 15 of each year, charge and collect from each person who grazed cattle or sheep on grazing lands during the preceding calendar year a fee of 10 cents for each animal unit month that he was authorized by the United States Forest Service or the Bureau of Land Management to use during the immediately preceding year.

2. A person who pays the fee required by this section may, not earlier”.

Amend sec. 11, page 4, line 26, by deleting “4.” and inserting “3.”.

Amend the bill as a whole by adding a new section designated sec. 13.5, following sec. 13, to read as follows:

“Sec. 13.5. 1. On or before June 1 of each year, the commission shall submit to the director of the department of administration a financial statement setting forth:

(a) The assets and obligations of the commission; and

(b) The amount of the fees, if any:

(1) Collected by the commission pursuant to the provisions of section 11 of this act for the immediately preceding calendar year; and

(2) Refunded by the commission pursuant to that section for that year.

2. On or before July 1 of each year, the governor shall proclaim the percentage of the fees collected pursuant to subsection 1 of section 11 of this act for the immediately preceding calendar year that were refunded by the commission pursuant to the provisions of subsection 2 of section 11 of this act. The director of the department of administration shall transmit a copy of the proclamation to the director of the legislative counsel bureau.”.

Amend sec. 16, page 5, line 26, by deleting “become” and inserting:

“:

1. Become”.

Amend sec. 16, page 5, after line 29, by inserting:

“2. Expire by limitation on December 31 of the first year during which the governor proclaims that the amount of the fees refunded by the rangeland resources commission pursuant to the provisions of section 11 of this act for the immediately preceding calendar year is more than 50 percent of the fees collected by the commission pursuant to that section for that calendar year. The commission may continue to operate after December 31 of the year the proclamation is issued to dispose of any property owned by the commission and to take any other action necessary to dissolve the commission, but in no case may the commission charge or collect any fees pursuant to the provisions of sections 2 to 14, inclusive, of this act after the provisions of this act expire by limitation, other than to collect any fees owed for a previous year. If the provisions of this act expire by limitation pursuant to this subsection, the commission shall, as soon as practicable after taking all actions necessary to dissolve the commission, refund any money remaining in the account created by section 12 of this act to each person who paid the fee required by section 11 of this act for the calendar year immediately preceding the year in which the provisions expire by limitation and who did not receive a refund of that fee pursuant to that section. Each of those persons must be paid a pro rata share of the remaining amount based on the ratio of the number of animal unit months for which he paid the fee to the total fees paid for animal unit months and not refunded.”.

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

“unit months that are authorized for use on grazing”.

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.

Senate Bill No. 391.

Bill read second time.

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

Amendment No. 920.

Amend section 1, page 1, line 2, by deleting “14,” and inserting “12,”.

Amend sec. 3, page 1, line 8, by deleting “11” and inserting “10”.

Amend the bill as a whole by deleting sec. 5 and renumbering sections 6 through 13 as sections 5 through 12.

Amend sec. 7, page 2, line 19, after “raise” by inserting “or keep”.

Amend sec. 9, page 2, line 36, by deleting:

“two and one-half” and inserting “three”.

Amend sec. 9, page 2, line 38, after “raising” by inserting “or keeping”.

Amend sec. 10, page 3, line 4, by deleting:

“11 to 14, inclusive,” and inserting:

“10, 11 and 12”.

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

“(1) Any minimum requirements for the development of infrastructure that have been determined by the coalition;”.

Amend sec. 13, page 4, line 23, after “Sec. 13.” by inserting “1.”.

Amend sec. 13, page 4, between lines 25 and 26, by inserting:

“2. As used in this section, “master development agreement” means a written agreement:

(a) Between a governing body and a person who has a legal or equitable interest in land that is entered into upon the application of the person who wishes to develop that land;

(b) To enable the governing body to distribute equitably the costs to develop infrastructure for an area of land that is largely undeveloped; and

Amend the bill as a whole by deleting sec. 14 and renumbering sections 15 through 18 as sections 13 through 16.

Amend sec. 15, page 4, line 35, by deleting “14,” and inserting “12,”.

Amend sec. 15, page 4, line 37, by deleting “8,” and inserting “7,”.

Amend sec. 18, page 8, line 1, by deleting “9” and inserting “8”.

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. 391 be placed on the Chief Clerk’s desk.

Motion carried.

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

Senate Bill No. 394.

Bill read second time.

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

Amendment No. 870.

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

“2 to 6, inclusive,” and inserting:

“2, 3 and 4”.

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

“Sec. 2. “Regional planning coalition” means the regional planning coalition described in section 3 of this act.”.

Amend the bill as a whole by deleting sections 4 and 5 and renumbering sections 6 through 14 as sections 4 through 12.

Amend sec. 6, page 2, by deleting line 20 and inserting:

“Sec. 4. 1. In a county whose population is 400,000 or more, the regional planning coalition shall cooperate”.

Amend sec. 6, page 2, lines 28 and 29, by deleting:

“a regional land use coordinating entity” and inserting:

“the regional planning coalition”.

Amend sec. 6, page 2, lines 41 and 42, by deleting:

“land use coordinating entity” and inserting “planning coalition”.

Amend sec. 6, page 3, lines 3 and 4, by deleting:

“land use coordinating entity” and inserting “planning coalition”.

Amend sec. 7, page 3, lines 23 and 24, by deleting:

“2 to 6, inclusive,” and inserting:

“2, 3 and 4”.

Amend sec. 8, page 3, by deleting lines 29 and 30 and inserting:

“1. In a county whose population is 400,000 or more, the commission shall cooperate with the local air pollution control board and the regional planning coalition in the county in”.

Amend sec. 8, page 3, line 40, by deleting:

“land use coordinating entity;” and inserting “planning coalition;”.

Amend sec. 8, page 4, lines 2 and 3, by deleting:

“land use coordinating entity;” and inserting “planning coalition;”.

Amend sec. 8, page 4, line 9, by deleting:

“land use coordinating entity”” and inserting “planning coalition””.

Amend sec. 9, page 4, line 12, by deleting:

“10 and 11” and inserting:

“8 and 9”.

Amend sec. 10, page 4, line 13, by deleting “a” and inserting “the”.

Amend sec. 10, page 4, by deleting lines 14 and 15 and inserting:

“local air pollution control board in a county whose population is 400,000 or more shall cooperate with the regional planning coalition and the regional transportation commission in”.

Amend sec. 10, page 4, line 24, by deleting:

“land use coordinating entity” and inserting “planning coalition”.

Amend sec. 10, page 4, line 29, by deleting:

“land use coordinating entity” and inserting “planning coalition”.

Amend sec. 10, page 4, line 36, by deleting:

“land use coordinating entity”” and inserting “planning coalition””.

Amend sec. 12, page 6, line 10, by deleting:

“10 and 11” and inserting:

“8 and 9”.

Amend sec. 12, page 6, line 17, by deleting:

“10 and 11” and inserting:

“8 and 9”.

Amend sec. 13, page 6, line 37, by deleting “100,000” and inserting “400,000”.

Amend sec. 13, page 6, by deleting lines 38 through 42 and inserting:

“city within such a county, each planning commission, as required pursuant to subsection 3 of NRS 445B.595, and the local air pollution control board, regional planning coalition and regional transportation commission within the county shall, on or before October 1, 2000, submit a concise statement of the effects on air quality by complex sources to the”.

Amend sec. 13, page 7, line 6, by deleting:

“land use coordinating entity”” and inserting “planning coalition””.

Amend sec. 14, page 7, by deleting lines 11 through 15 and inserting:

“Sec. 12. 1. This section and section 11 of this act become effective upon passage and approval.

2. Sections 1, 2, 3, 5, 7, 9 and 10 of this act become effective on October 1, 1999.

3. Sections 4, 6 and 8 of this act become effective on July 1, 2001.”.

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. 435.

Bill read second time.

The following amendment was proposed by the Committee on Education:

Amendment No. 987.

Amend sec. 4, page 3, by deleting lines 3 through 8.

Amend sec. 4, page 3, line 9, by deleting “5.” and inserting “4.”.

Amend sec. 4, page 3, line 12, by deleting “6.” and inserting “5.”.

Assemblyman Williams moved the adoption of the amendment.

Remarks by Assemblyman Williams.

Amendment adopted.

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

Senate Bill No. 445.

Bill read second time.

The following amendment was proposed by the Committee on Education:

Amendment No. 986.

Amend sec. 3, page 3, by deleting lines 21 through 30 and inserting:

“(d) Instruction relating to child abuse.

(e) The economics of the American system of free enterprise.

(f) American Sign Language.

(g) Environmental education.

(h) Adult roles and responsibilities.

A course of study established for paragraph (a) may include one or more of the subjects listed in paragraphs (b) to (h), inclusive.”.

Amend sec. 6, page 4, by deleting line 3 and inserting:

“Sec. 6. NRS 389.050, 389.060, 389.075, 389.080,”.

Amend sec. 6, page 4, line 4, by deleting “389.085,”.

Amend the bill as a whole by deleting the text of repealed sections and inserting the leadlines of repealed sections, following sec. 7, to read as follows:

“

LEADLINES OF REPEALED SECTIONS

389.050 Instruction in high school in citizenship and physical training; employment of teachers of physical training.

389.060 Instruction in physiology, hygiene and cardiopulmonary resuscitation.

389.075 Instruction relating to child abuse.

389.080 Instruction in economics of American system of free enterprise.

389.083 American Sign Language: Approval of course work; credit as foreign language.

389.110 Environmental education: Instruction in environmental preservation and protection, principles of ecology and conservation of resources.

389.120 Environmental education: Counseling programs.

389.130 Environmental education: Programs for outdoor education and camping.

389.140 Environmental education: Duties of superintendent of public instruction.

389.170 Course of study: Technology.

389.190 Course of study: Adult roles and responsibilities.”.

Assemblyman Williams moved the adoption of the amendment.

Remarks by Assemblyman Williams.

Amendment adopted.

The following amendment was proposed by Assemblywoman Angle:

Amendment No. 1026.

Amend sec. 3, page 2, line 38, by deleting “reading,” and inserting:

“reading that is supported by scientifically-based reading research,”.

Amend sec. 3, page 2, after line 42, by inserting:

“As used in this subsection, “scientifically-based reading research” has the meaning ascribed to it in the Reading Excellence Act, Title VIII of Public Law 105-277.”.

Assemblywoman Angle moved the adoption of the amendment.

Remarks by Assemblymen Angle and Williams.

Assemblymen Angle, Hettrick and Cegavske requested a Roll Call vote on Amendment No. 1026 to Senate Bill No. 445.

Roll call on Amendment No. 1026 to Senate Bill No. 445:

Yeas—15.

Nays—Anderson, Arberry, Bache, Buckley, Chowning, de Braga, Dini, Freeman, Giunchigliani, Goldwater, Koivisto, Lee, Leslie, Manendo, McClain, Mortenson, Neighbors, Ohrenschall, Parks, Parnell, Perkins, Price, Segerblom, Thomas, Williams—25.

Excused—Berman, Evans—2.

Amendment lost.

Bill ordered reprinted, engrossed and to General File.

Senate Bill No. 457.

Bill read second time.

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

Amendment No. 872.

Amend sec. 3, page 1, by deleting lines 8 through 10 and inserting:

“Sec. 3. “Park project” means facilities intended for the recreation of persons who live or work within a service area, including, without limitation, any permanent appurtenances necessary for such facilities. The term does not include a:

1. Project that is more than 50 acres in size;

2. Golf course; or

3. Recreational trail or bike path, unless the trail or path is located on a parcel of land which has been improved as a park.”.

Amend sec. 4, page 1, line 11, after “fee” by inserting:

“for a park project”.

Amend the title of the bill, third line, after “impact fee” by inserting:

“for a park project”.

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. 475.

Bill read second time.

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

Amendment No. 992.

Amend sec. 37, page 28, line 20, by deleting “12” and inserting “13”.

Amend sec. 37, page 29, between lines 2 and 3, by inserting:

“(m) One member appointed by the Nevada Contractors Association.”.

Assemblyman Bache moved the adoption of the amendment.

Remarks by Assemblyman Bache.

Amendment adopted.

Assemblyman Bache moved that upon return from the printer Assembly Bill No. 475 be placed on the Chief Clerk’s desk.

Motion carried.

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

Senate Bill No. 537.

Bill read second time.

The following amendment was proposed by the Committee on Taxation:

Amendment No. 883.

Amend sec. 2, page 9, by deleting lines 25 through 27 and inserting:

“a business qualifies for a partial abatement during the current fiscal year as to whether the business is still eligible for the partial abatement in the next succeeding fiscal year.”.

Amend sec. 6, page 13, by deleting line 14 and inserting:

“231.020 As used in NRS [231.030 to 231.130,]231.020 to 231.139, inclusive, and”.

Assemblyman Goldwater moved the adoption of the amendment.

Remarks by Assemblyman Goldwater.

Amendment adopted.

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

Senate Bill No. 544.

Bill read second time.

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

Amendment No. 873.

Amend the bill as a whole by adding new sections designated sections 2.3 and 2.6, following sec. 2, to read as follows:

“Sec. 2.3. NRS 286.160 is hereby amended to read as follows:

286.160 1. The board shall employ an executive officer who serves at the pleasure of the board. The executive officer shall select an operations officer, investment officer, manager of information systems, administrative assistant and administrative analyst whose appointments are effective upon confirmation by the board. The operations officer, investment officer, manager of information systems, administrative assistant and administrative analyst serve at the pleasure of the executive officer.

2. The executive officer, operations officer, investment officer, manager of information systems, administrative assistant and administrative analyst are entitled to annual salaries fixed by the board with the approval of the interim retirement and benefits committee of the legislature[.] created pursuant to section 36.5 of this act. The salaries of these employees are exempt from the limitations of NRS 281.123.

3. The executive officer must:

(a) Be a graduate of a 4‑year college or university with a degree in business administration or public administration or equivalent degree.

(b) Possess at least 5 years’ experience in a high level administrative or executive capacity, including responsibility for a variety of administrative functions such as retirement, insurance, investment or fiscal operations.

4. The operations officer and the investment officer must each be a graduate of a 4‑year college or university with a degree in business administration or public administration or an equivalent degree.

5. Except as otherwise provided in NRS 284.143, the executive officer shall not pursue any other business or occupation or perform the duties of any other office of profit during normal office hours unless on leave approved in advance. The executive officer shall not participate in any business enterprise or investment in real or personal property if the system owns or has a direct financial interest in that enterprise or property.

Sec. 2.6. NRS 286.211 is hereby amended to read as follows:

286.211 1. The board shall, with the advice of the interim retirement and benefits committee[:] of the legislature created pursuant to section 36.5 of this act:

(a) Adopt regulations for the evaluation of requests for enrollment under the police and firemen’s retirement fund; and

(b) Determine those positions eligible under the early retirement provisions for police officers and firemen.

2. Service in any position which has not been determined by the board to be eligible does not entitle a member to early retirement as a fireman or police officer.”.

Amend sec. 10, page 5, by deleting lines 26 and 27 and inserting:

“board with the approval of the interim retirement and benefits committee of the legislature created pursuant to section 36.5 of this act. The salary of the executive officer is”.

Amend the bill as a whole by adding a new section designated sec. 11.5, following sec. 11, to read as follows:

“Sec. 11.5. 1. A participating state employee whose position is only authorized for 4 to 6 months every other year and who plans to return to the same or a similar position for the next period during which such a position is authorized may retain his membership in and his dependents’ coverage by the program after his employment ceases for:

(a) Three full calendar months in addition to the period of extended coverage required by federal law following the termination of employment; or

(b) Twenty-one full calendar months, if no period of extended coverage is required by federal law.

2. An employee who elects to continue his participation in the program pursuant to subsection 1 shall pay the entire premium or contribution for his insurance until the date on which he is reemployed.

3. Failure to return to the same or a similar position for any reason, whether the decision was made by the former employee or the state, does not affect the application of this section.”.

Amend sec. 12, pages 5 and 6, by deleting sec. 12 and inserting:

“Sec. 12. (Deleted by amendment.)”.

Amend sec. 12.5, page 6, line 38, by deleting “10” and inserting “5”.

Amend sec. 12.5, page 6, line 39, after “program.” by inserting:

“In determining whether to approve a proposed contract, the board shall follow the criteria set forth in the regulations adopted by the board pursuant to subsection 4 and may consider the cumulative impact of groups that have left or are proposing to leave the program. Except as otherwise provided in this section, the board has discretion in determining whether to approve a contract. If the board approves a proposed contract pursuant to this subsection, the group that submitted the proposed contract is not authorized to leave the program until 120 days after the date on which the board approves the proposed contract.”.

Amend sec. 12.5, page 7, between lines 4 and 5, by inserting:

“4. The board shall adopt regulations establishing the criteria pursuant to which the board will approve proposed contracts pursuant to subsection 2.”.

Amend sec. 15, page 9, by deleting lines 20 through 25 and inserting:

“2. To secure group health , [~~or]~~ life or workers’ compensation insurance for its officers and employees and their dependents, participate as a member of a nonprofit cooperative association or nonprofit corporation that has been established in this state to secure such insurance for its members from an insurer licensed pursuant to the provisions of Title 57 of NRS.

3. In addition to the provisions of subsection 2, participate as a member of a nonprofit cooperative association or nonprofit corporation that has been established in this state to:

(a) Facilitate contractual arrangements for the provision of medical services to its members’ officers and employees and their dependents and for related administrative services.

(b) Procure health-related information and disseminate that information to its members’ officers and employees and their dependents.”.

Amend sec. 18, pages 10 and 11, by deleting lines 11 through 42 on page 10 and lines 1 through 7 on page 11 and inserting:

“(a) One member who is an employee of the University and Community College System of Nevada, appointed by the governor upon consideration of any recommendations of organizations that represent employees of the University and Community College System of Nevada.

(b) One member who is retired from public employment, appointed by the governor upon consideration of any recommendations of organizations that represent retired public employees.

(c) Two members who are employees of the state, appointed by the governor upon consideration of any recommendations of organizations that represent state employees.

(d) One member appointed by the governor upon consideration of any recommendations of organizations that represent employees of local governments that participate in the program.

(e) One member who is employed by this state in a managerial capacity and has substantial and demonstrated experience in risk management, portfolio investment strategies or employee benefits programs appointed by the governor. The governor may appoint the executive officer of the public employees’ retirement system to fill this position.

(f) Two members who have substantial and demonstrated experience in risk management, portfolio investment strategies or employee benefits programs appointed by the governor.

(g) The director of the department of administration or his designee.

2. Of the six persons appointed to the board pursuant to paragraphs (a) to (e), inclusive, of subsection 1, at least one member must have an advanced degree in business administration, economics, accounting, insurance, risk management or health care administration, and at least two members must have education or proven experience in the management of employees’ benefits, insurance, risk management, health care administration or business administration.

3. Each person appointed as a member of the board must:

(a) Except for a member appointed pursuant to paragraph (f) of subsection 1, have been a participant in the program for at least 1 year before his appointment;

(b) Except for a member appointed pursuant to paragraph (f) of subsection 1, be a current employee of the State of Nevada or another public employer that participates in the program or a retired public employee who is a participant in the program; and”.

Amend sec. 18, page 11, line 13, by deleting “section.” and inserting:

“section or is removed by the governor.”.

Amend sec. 18, page 11, by deleting line 19 and inserting:

“governor. If the governor wishes to remove a member from the board for any reason other than malfeasance or misdemeanor, the governor shall provide the member with written notice which states the reason for and the effective date of the removal.”.

Amend sec. 20, page 13, line 9, by deleting “all applicable”.

Amend sec. 20, page 13, by deleting lines 12 and 13 and inserting:

“~~commission. For the purposes of]~~ interim retirement and benefits committee of the legislature created pursuant to section 36.5 of this act.”.

Amend sec. 24, page 15, by deleting line 17 and inserting:

“interim retirement and benefits committee of the legislature created pursuant to section 36.5 of this act. The salaries”.

Amend the bill as a whole by adding a new section designated sec. 36.5, following sec. 36, to read as follows:

“Sec. 36.5. Chapter 218 of NRS is hereby amended by adding thereto a new section to read as follows:

1. There is hereby created an interim retirement and benefits committee of the legislature to review the operation of the public employees’ retirement system and the public employees’ benefits program and to make recommendations to the public employees’ retirement board and the board of the public employees’ benefits program, the legislative commission and the legislature. The interim retirement and benefits committee consists of six members appointed as follows:

(a) Three members of the senate, one of whom is the chairman of the committee on finance during the preceding session and two of whom are appointed by the majority leader of the senate.

(b) Three members of the assembly, one of whom is the chairman of the committee on ways and means and two of whom are appointed by the speaker of the assembly.

2. The immediate past chairman of the senate standing committee on finance is the chairman of the interim retirement and benefits committee for the period ending with the convening of each odd‑numbered session of the legislature. The immediate past chairman of the assembly standing committee on ways and means is the chairman of the interim retirement and benefits committee during the next legislative interim, and the chairmanship alternates between the houses of the legislature according to this pattern.

3. The interim retirement and benefits committee may exercise the powers conferred on it by law only when the legislature is not in regular or special session and shall meet at the call of the chairman.

4. The director of the legislative counsel bureau shall provide a secretary for the interim retirement and benefits committee.

5. The members of the interim retirement and benefits committee are entitled to receive the compensation provided for a majority of the members of the legislature during the first 60 days of the preceding session, the per diem allowance provided for state officers and employees generally and the travel expenses provided by NRS 218.2207 for each day of attendance at a meeting of the committee and while engaged in the business of the committee. Per diem allowances, compensation and travel expenses of the members of the committee must be paid from the legislative fund.”.

Amend the bill as a whole by adding a new section designated sec. 42.5, following sec. 42, to read as follows:

“Sec. 42.5. Section 18 of this act is hereby amended to read as follows:

Sec. 18. NRS 287.041 is hereby amended to read as follows:

287.041 1. There is hereby created the board of the public employees’ benefits program. The board consists of [nine] seven members appointed as follows:

(a) One member who is an employee of the University and Community College System of Nevada, appointed by the governor upon consideration of any recommendations of organizations that represent employees of the University and Community College System of Nevada.

(b) One member who is retired from public employment, appointed by the governor upon consideration of any recommendations of organizations that represent retired public employees.

(c) Two members who are employees of the state, appointed by the governor upon consideration of any recommendations of organizations that represent state employees.

(d) One member appointed by the governor upon consideration of any recommendations of organizations that represent employees of local governments that participate in the program.

(f) [Two members who have substantial and demonstrated experience in risk management, portfolio investment strategies or employee benefits programs appointed by the governor.

(g)] The director of the department of administration or his designee.

3. Each person appointed as a member of the board must:

(a) [Except for a member appointed pursuant to paragraph (f) of subsection 1, have] Have been a participant in the program for at least 1 year before his appointment;

(b) [Except for a member appointed pursuant to paragraph (f) of subsection 1, be] Be a current employee of the State of Nevada or another public employer that participates in the program or a retired public employee who is a participant in the program; and

4. Except as otherwise provided in this subsection, after the initial terms, the term of an appointed member of the board is 4 years and until his successor is appointed and takes office unless the member no longer possesses the qualifications for appointment set forth in this section or is removed by the governor. If a member loses the requisite qualifications within the last 12 months of his term, the member may serve the remainder of his term. Members are eligible for reappointment. A vacancy occurring in the membership of the board must be filled in the same manner as the original appointment.

5. The appointed members of the board serve at the pleasure of the governor. If the governor wishes to remove a member from the board for any reason other than malfeasance or misdemeanor, the governor shall provide the member with written notice which states the reason for and the effective date of the removal.”.

Amend the bill as a whole by deleting sections 43 through 46 and inserting:

“Secs. 43-46. (Deleted by amendment.)”.

Amend sec. 47, page 29, lines 12 and 13, by deleting:

“July 1, 1999.” and inserting:

“the members of the board of the public employees’ benefits program are appointed pursuant to section 48 of Senate Bill No. 544 of this session.”.

Amend sec. 47, page 29, lines 15 and 16, by deleting:

“July 1, 1999.” and inserting:

“the members of the board of the public employees’ benefits program are appointed pursuant to section 48 of Senate Bill No. 544 of this session.”.

Amend the bill as a whole by adding a new section designated sec. 47.5, following sec. 47, to read as follows:

“Sec. 47.5. NRS 286.113 and 287.0432 are hereby repealed.”.

Amend sec. 49, page 30, by deleting lines 1 through 6 and inserting:

“Sec. 49. 1. This section and sections 41, 47 and 48 of this act become effective upon passage and approval.

2. Sections 1 to 12, inclusive, 13 to 40, inclusive, 42 and 50 of this act become effective on July 1, 1999.

3. Section 12.5 of this act becomes effective on July 1, 1999, for the purpose of adopting regulations, and on January 1, 2001, for all other purposes.

4. Section 18 of this act expires by limitation on July 1, 2003.

5. Section 42.5 of this act becomes effective on July 1, 2003.”.

Amend the text of repealed sections by adding the text of NRS 286.113.

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

“and the executive officer to complete continuing education; authorizing certain periodic state employees to receive extended coverage from the public employees’ benefits program; renaming the interim retirement committee and expanding its duties to include the review of the operation of the public”.

Assemblyman Bache moved the adoption of the amendment.

Remarks by Assemblyman Bache.

Amendment adopted.

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

MESSAGES FROM THE Senate

Senate Chamber, Carson City, May 18, 1999

To the Honorable the Assembly:

I have the honor to inform your honorable body that the Senate on this day adopted Assembly Concurrent Resolution No. 68.

Mary Jo Mongelli

Assistant Secretary of the Senate

UNFINISHED BUSINESS

Consideration of Senate Amendments

Assembly Bill No. 166.

The following Senate amendment was read:

Amendment No. 422.

Amend section 1, pages 1 and 2, by deleting lines 1 through 13 on page 1 and lines 1 through 31 on page 2, and inserting:

“Section 1. NRS 202.3673 is hereby amended to read as follows:

202.3673 1. Except as otherwise provided in [NRS 202.265 and this section, a permittee shall not carry a concealed firearm into:

(a) Any facility of a law enforcement agency;

(b) A prison, county or city jail or detention facility;

(d) Any facility of a public or private school;

(e) Any facility of a vocational or technical school, or of the University and Community College System of Nevada;

(f) Any other building owned or occupied by the Federal Government, the state or a local government; or

(g) Any other place in which the carrying of a concealed firearm is prohibited by state or federal law.

2. The provisions of this section do not prohibit a permittee who is a judge from carrying a concealed firearm in the courthouse or courtroom in which he presides or from authorizing other permittees to carry a concealed firearm in his courtroom.

3. The provisions of this section are not applicable to an employee of the facility identified in subsection 1 while on the premises of that facility.

4. The provisions of this section do not apply to a permittee who is a prosecuting attorney of an agency or political subdivision of the United States or of this state.

5. A violation of the provisions of subsection 1 is a misdemeanor.] subsections 2 and 3, a permittee may carry a concealed firearm while he is on the premises of any public building.

2. A permittee shall not carry a concealed firearm while he is on the premises of a public building that is located on the property of a public airport.

3. A permittee shall not carry a concealed firearm while he is on the premises of:

(a) A public building that is located on the property of a public school or the property of the University and Community College System of Nevada, unless the permittee has obtained written permission to carry a concealed firearm while he is on the premises of the public building pursuant to paragraph (c) of subsection 3 of NRS 202.265.

(b) A public building that has a metal detector at each public entrance or a sign posted at each public entrance indicating that no firearms are allowed in the building, unless the permittee is not prohibited from carrying a concealed firearm while he is on the premises of the public building pursuant to subsection 4.

4. The provisions of paragraph (b) of subsection 3 do not prohibit:

(a) A permittee who is a judge from carrying a concealed firearm in the courthouse or courtroom in which he presides or from authorizing a permittee to carry a concealed firearm while in the courtroom of the judge and while traveling to and from the courtroom of the judge.

(b) A permittee who is a prosecuting attorney of an agency or political subdivision of the United States or of this state from carrying a concealed firearm while he is on the premises of a public building.

(c) A permittee who is employed in the public building from carrying a concealed firearm while he is on the premises of the public building.

(d) A permittee from carrying a concealed firearm while he is on the premises of the public building if the permittee has received written permission from the person in control of the public building to carry a concealed firearm while the permittee is on the premises of the public building.

5. A person who violates subsection 2 or 3 is guilty of a misdemeanor.

6. As used in this section, “public building” means any building or office space occupied by:

(a) Any component of the University and Community College System of Nevada and used for any purpose related to the system; or

(b) The Federal Government, the State of Nevada or any county, city, school district or other political subdivision of the State of Nevada and used for any public purpose.

If only part of the building is occupied by an entity described in this subsection, the term means only that portion of the building which is so occupied.”.

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

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

Assemblyman Anderson moved that the Assembly do not concur in the Senate Amendment No. 422 to Assembly Bill No. 166.

Remarks by Assemblyman Anderson.

Motion carried.

The following Senate amendment was read:

Amendment No. 841.

Amend the bill as a whole by renumbering section 1 as sec. 8 and adding new sections designated sections 1 through 7, following the enacting clause, to read as follows:

“Section 1. Chapter 202 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

Sec. 2. 1. To obtain approval from a sheriff to carry a firearm, an applicant for a permit must present to the sheriff a certificate or other documentation that:

(a) Identifies the make, model and caliber of the firearm for which approval is sought;

(b) Is issued by an instructor of a course in firearm safety which is approved by a sheriff pursuant to subparagraph (1) of paragraph (d) of subsection 2 of NRS 202.3657 or which is offered by a federal, state or local law enforcement agency, community college, university or national organization that certifies instructors in firearm safety; and

2. A permittee may seek approval from the sheriff to carry a firearm for which approval was not sought in his application. To obtain approval from a sheriff for an additional firearm, the permittee must present to the sheriff a certificate or other documentation that:

(a) Identifies the make, model and caliber of the firearm for which approval is sought;

3. If a sheriff approves a firearm pursuant to this section, the sheriff shall forward the information provided in subsection 1 or 2 to the central repository for Nevada records of criminal history. Any information forwarded to the central repository for Nevada records of criminal history pursuant to this subsection must be maintained in accordance with the provisions governing confidentiality set forth in NRS 202.3662.

Sec. 3. 1. A person who is not a resident of this state and who possesses a permit to carry a concealed firearm that was issued by another state whose requirements for the issuance of that permit are substantially similar to the requirements set forth in NRS 202.3653 to 202.369, inclusive, may carry a concealed firearm in this state in accordance with the requirements set forth in this section.

2. Except as otherwise provided in subsection 3, a person who is authorized to carry a concealed firearm pursuant to subsection 1 and who wishes to carry a concealed firearm in this state must:

(a) Report to the sheriff of the county in which he is present;

(b) Obtain from the sheriff a sticker to be affixed to his permit to carry a concealed firearm and a printed copy of the provisions of NRS 202.3653 to 202.369, inclusive; and

(c) Pay to the sheriff a fee equal to the cost of providing the sticker and the printed copy of the provisions of NRS 202.3653 to 202.369, inclusive.

3. A person is not required to comply with the provisions of subsection 2 if the person:

(a) Is present in this state for a period of less than 72 hours; or

(b) Previously obtained a sticker and a printed copy of the provisions of NRS 202.3653 to 202.369, inclusive, pursuant to subsection 2 and has in his possession a valid permit to carry a concealed firearm that has the sticker affixed to the permit.

4. A person who carries a concealed firearm pursuant to this section is subject to the same legal restrictions and requirements imposed upon a person who has been issued a permit to carry a concealed firearm by a sheriff in this state.

Sec. 4. 1. The Nevada Sheriffs and Chiefs Association shall, not later than July 1 of each year:

(a) Examine the requirements for the issuance of a permit to carry a concealed firearm in each state and determine whether the requirements of each state are substantially similar to the requirements set forth in NRS 202.3653 to 202.369, inclusive;

(b) Prepare a list that includes each state whose requirements for the issuance of a permit to carry a concealed firearm are substantially similar to the requirements set forth in NRS 202.3653 to 202.369, inclusive; and

2. The Nevada Sheriffs and Chiefs Association shall, upon request, make the list prepared pursuant to subsection 1 available to the general public.

3. If the Nevada Sheriffs and Chiefs Association ceases to exist, its legal successor shall perform the duties set forth in this section. If the legal successor to the Nevada Sheriffs and Chiefs Association ceases to exist or if there is no legal successor to the Nevada Sheriffs and Chiefs Association, the department shall perform the duties set forth in this section.

Sec. 5. NRS 202.3653 is hereby amended to read as follows:

202.3653 As used in NRS 202.3653 to 202.369, inclusive,[and] section 1 of [this act,] Senate Bill No. 449 of this session, and sections 2, 3 and 4 of this act, unless the context otherwise requires:

1. “Concealed firearm” means a loaded or unloaded pistol, revolver or other firearm which is carried upon a person in such a manner as not to be discernible by ordinary observation.

2. “Department” means the department of motor vehicles and public safety.

3. “Permit” means a permit to carry a concealed firearm issued pursuant to the provisions of NRS 202.3653 to 202.369, inclusive.

Sec. 6. NRS 202.3657 is hereby amended to read as follows:

202.3657 1. Any person may apply to the sheriff of the county in which he resides for a permit on a form prescribed by regulation of the department. Application forms for permits must be furnished by the sheriff of each county upon request.

2. Except as otherwise provided in this section, the sheriff shall issue a permit [for no more than two specific firearms] to any person who is qualified to possess a firearm under state and federal law, who submits an application in accordance with the provisions of this section and who:

(a) Is a resident of this state;

(b) Is 21 years of age or older;

(d) Demonstrates competence with a firearm by presenting a certificate or other documentation to the sheriff which shows that he:

(1) Successfully completed a course in firearm safety approved by a sheriff in this state; or

(2) Successfully completed a course in firearm safety offered by a federal, state or local law enforcement agency, community college, university or national organization that certifies instructors in firearm safety.

Such a course must include instruction in the use of [each firearm to which the application pertains]a firearm and in the laws of this state relating to the [proper] use of a firearm. A sheriff may not approve a course in firearm safety pursuant to subparagraph (1) unless he determines that the course meets any standards that are established by the Nevada Sheriffs and Chiefs Association, or if the Nevada Sheriffs and Chiefs Association ceases to exist, its legal successor.

3. A permit issued by a sheriff pursuant to subsection 2 allows a permittee to carry any firearm that the permittee has been approved to carry by the sheriff pursuant to section 2 of this act.

4. The sheriff shall deny an application or revoke a permit if he determines that the applicant or permittee:

(a) Has an outstanding warrant for his arrest.

(b) Has been judicially declared incompetent or insane.

(d) Has habitually used intoxicating liquor or a controlled substance to the extent that his normal faculties are impaired. For the purposes of this paragraph, it is presumed that a person has so used intoxicating liquor or a controlled substance if, during the immediately preceding 5 years, he has been:

(1) Convicted of violating the provisions of NRS 484.379; or

(2) Committed for treatment pursuant to NRS 458.290 to 458.350, inclusive.

(e) Has been convicted of a crime involving the use or threatened use of force or violence punishable as a misdemeanor under the laws of this or any other state, or a territory or possession of the United States at any time during the immediately preceding [3] 5 years.

(f) Has been convicted of a felony in this state or under the laws of any state, territory or possession of the United States.

(g) Has been convicted of a crime involving domestic violence or stalking, or is currently subject to a restraining order, injunction or other order for protection against domestic violence.

(h) Is currently on parole or probation from a conviction obtained in this state or in any other state or territory or possession of the United States.

(i) Has, within the immediately preceding 5 years, been subject to any requirements imposed by a court of this state or of any other state or territory or possession of the United States, as a condition to the court’s:

(1) Withholding of the entry of judgment for his conviction of a felony; or

(2) Suspension of his sentence for the conviction of a felony.

(j) Has made a false statement on any application for a permit or for the renewal of a permit.

[4.] 5. The sheriff may deny an application or revoke a permit if he receives a sworn affidavit stating articulable facts based upon personal knowledge from any natural person who is 18 years of age or older that the applicant or permittee has or may have committed an offense or engaged in any other activity specified in subsection [3] 4 which would preclude the issuance of a permit to the applicant or require the revocation of a permit pursuant to this section.

[5.] 6. If the sheriff receives notification submitted by a court or law enforcement agency of this or any other state, the United States or a territory or possession of the United States that a permittee or an applicant for a permit has been charged with a crime involving the use or threatened use of force or violence, the conviction for which would require the revocation of a permit or preclude the issuance of a permit to the applicant pursuant to this section, the sheriff shall suspend the person’s permit or the processing of his application until the final disposition of the charges against him. If a permittee is acquitted of the charges against him, or if the charges are dropped, the sheriff shall restore his permit without imposing a fee.

[6.] 7. An application submitted pursuant to this section must be completed and signed under oath by the applicant. The applicant’s signature must be witnessed by an employee of the sheriff or notarized by a notary public. The application must include:

(a) The name, address, place and date of birth, social security number, occupation and employer of the applicant and any other names used by the applicant;

(b) A complete set of the applicant’s fingerprints taken by the sheriff or his agent;

(d) The applicant’s driver’s license number or identification card number issued by the department;

(e) The make, model and caliber of each firearm [to which the application pertains;]that the applicant wishes to receive approval to carry;

(f) For each firearm described in paragraph (e), a certificate or other documentation that complies with the requirements of subsection 1 of section 2 of this act;

(g) A nonrefundable fee in the amount necessary to obtain the report required pursuant to subsection 1 of NRS 202.366; and

[(g)] (h) A nonrefundable fee set by the sheriff not to exceed $60.

Sec. 7. NRS 202.366 is hereby amended to read as follows:

202.366 1. Upon receipt by a sheriff of an application for a permit, the sheriff shall conduct an investigation of the applicant to determine if he is eligible for a permit. In conducting the investigation, the sheriff shall forward a complete set of the applicant’s fingerprints to the [Nevada highway patrol division of the department] central repository for Nevada records of criminal history and the Federal Bureau of Investigation for a report concerning the criminal history of the applicant. The sheriff shall issue a permit to the applicant unless he is not qualified to possess a handgun under state or federal law or is not otherwise qualified to obtain a permit pursuant to NRS 202.3653 to 202.369, inclusive, or the regulations adopted pursuant thereto.

2. To assist the sheriff in conducting his investigation, any local law enforcement agency, including the sheriff of any county, may voluntarily submit to the sheriff a report or other information concerning the criminal history of an applicant.

3. Within 120 days after a complete application for a permit is submitted, the sheriff to whom the application is submitted shall grant or deny the application. If the application is denied, the sheriff shall send the applicant written notification setting forth the reasons for the denial. If the application is granted, the sheriff shall provide the applicant with a permit [containing a colored photograph of the applicant and containing such other information as may be prescribed by the department. The permit must be in substantially the following form:

NEVADA CONCEALED FIREARM PERMIT

County Permit Number

Expires Date of Birth

Height Weight

Name Address

City Zip

Photograph

Signature

Issued by

Date of Issue

Make, model and caliber of firearm authorized ]that:

(a) Includes a color photograph of the applicant;

(b) Contains any information that is required by the department or by an ordinance of the county in which the permit is issued;

(d) Does not include the social security number of the applicant.

4. Unless suspended or revoked by the sheriff who issued the permit, a permit expires on the fifth anniversary of the permittee’s birthday, measured from the birthday nearest the date of issuance or renewal. If the date of birth of a permittee is on February 29 in a leap year, for the purposes of NRS 202.3653 to 202.369, inclusive, his date of birth shall be deemed to be on February 28.”.

Amend the bill as a whole by deleting sections 2 and 3 and adding new sections designated sections 9 through 13, following section 1, to read as follows:

“Sec. 9. Chapter 286 of NRS is hereby amended by adding thereto a new section to read as follows:

1. Except as otherwise provided in subsection 2, if a police officer who has at least 10 years of service retires pursuant to this chapter, he must be allowed to purchase from his former employer a badge indicating that he is honorably retired. The former employer shall charge a police officer who purchases a badge pursuant to this section a fee equal to the cost of providing the badge.

2. The provisions of this section do not apply to a police officer who was discharged for cause or who resigned before the final disposition of allegations of serious misconduct.

Sec. 10. The Nevada Sheriffs and Chiefs Association shall prepare the initial list required by section 4 of this act and provide a copy of that list to each law enforcement agency in this state not later than October 1, 1999.

Sec. 11. A person who has a permit to carry a concealed firearm in this state that was issued before October 1, 1999, and who wishes to carry any firearm that is not listed on his current permit must:

1. Obtain approval for each such firearm from the sheriff of the county in which he resides in the manner provided in section 2 of this act;

2. Obtain from the sheriff a new permit that complies with the provisions of NRS 202.366, as amended by this act; and

3. Pay to the sheriff the fee prescribed for obtaining a duplicate permit pursuant to NRS 202.367, unless he is renewing his permit pursuant to NRS 202.3677, in which case he must pay the fee prescribed for renewal of a permit pursuant to NRS 202.3677.

Sec. 12. The amendatory provisions of section 8 of this act do not apply to offenses committed before the effective date of that section.

Sec. 13. 1. This section and sections 8 and 12 of this act become effective upon passage and approval.

2. Sections 1 to 4, inclusive, 6, 7, 9, 10 and 11 of this act become effective on October 1, 1999.

3. Section 5 of this act becomes effective at 12:01 a.m. on October 1, 1999.”.

Amend the title of the bill to read as follows:

“AN ACT relating to weapons; authorizing a person who is not a resident of this state to carry a concealed firearm in this state under certain circumstances; revising the provisions governing the type of concealed firearm that the holder of a permit to carry a concealed firearm may carry; making various changes to the provisions governing a permit to carry a concealed firearm; expanding the locations into which a permittee may carry a concealed firearm; providing that certain police officers who are retiring must be allowed to purchase badges indicating that they are exempt from certain laws pertaining to concealed firearms and other weapons; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Revises provisions governing weapons. (BDR 15‑351)”.

Assemblyman Anderson moved that the Assembly do not concur in the Senate Amendment No. 841 to Assembly Bill No. 166.

Remarks by Assemblyman Anderson.

Motion carried.

The following Senate amendment was read:

Amendment No. 856.

Amend sec. 8, page 8, by deleting line 14 and inserting:

“is on the premises of a public building only if that building has a sign posted at each public entrance indicating that firearms are allowed in the building.”.

Amend sec. 8, page 8, by deleting line 26 and inserting:

“or that does not have a sign posted at each public entrance indicating that firearms are”.

Amend sec. 8, page 9, line 4, by deleting:

“subsection 2 or 3” and inserting:

“any provision of this section”.

Assemblyman Anderson moved that the Assembly do not concur in the Senate Amendment No. 856 to Assembly Bill No. 166.

Remarks by Assemblyman Anderson.

Motion carried.

Bill ordered transmitted to the Senate.

Assembly Bill No. 267.

The following Senate amendment was read:

Amendment No. 750.

Amend the bill as a whole by deleting sections 1 through 6 and adding new sections designated sections 1 through 27, following the enacting clause, to read as follows:

“Section 1. Chapter 200 of NRS is hereby amended by adding thereto a new section to read as follows:

For the purposes of NRS 200.5091 to 200.50995, inclusive, a person:

1. Has “reasonable cause to believe” if, in light of all the surrounding facts and circumstances which are known or which reasonably should be known to the person at the time, a reasonable person would believe, under those facts and circumstances, that an act, transaction, event, situation or condition exists, is occurring or has occurred.

2. Acts “as soon as reasonably practicable” if, in light of all the surrounding facts and circumstances which are known or which reasonably should be known to the person at the time, a reasonable person would act within approximately the same period under those facts and circumstances.

Sec. 2. NRS 200.5092 is hereby amended to read as follows:

200.5092 As used in NRS 200.5091 to 200.50995, inclusive, and section 1 of this act, unless the context otherwise requires:

1. “Abuse” means willful and unjustified:

(a) Infliction of pain, injury or mental anguish on an older person; or

(b) Deprivation of food, shelter, clothing or services which are necessary to maintain the physical or mental health of an older person.

2. “Exploitation” means any act taken by a person who has the trust and confidence of an older person or any use of the power of attorney or guardianship of an older person to obtain control, through deception, intimidation or undue influence, over the older person’s money, assets or property with the intention of permanently depriving the older person of the ownership, use, benefit or possession of his money, assets or property. As used in this subsection, “undue influence” does not include the normal influence that one member of a family has over another.

3. “Isolation” means willfully, maliciously and intentionally preventing an older person from having contact with another person by:

(a) Intentionally preventing the older person from receiving his visitors, mail or telephone calls, including, without limitation, communicating to a person who comes to visit the older person or a person who telephones the older person that the older person is not present or does not want to meet with or talk to the visitor or caller knowing that the statement is false, contrary to the express wishes of the older person and intended to prevent the older person from having contact with the visitor; or

(b) Physically restraining the older person to prevent the older person from meeting with a person who comes to visit the older person.

The term does not include an act intended to protect the property or physical or mental welfare of the older person or an act performed pursuant to the instructions of a physician of the older person.

4. “Neglect” means the failure of:

(a) A person who has assumed legal responsibility or a contractual obligation for caring for an older person or who has voluntarily assumed responsibility for his care to provide food, shelter, clothing or services which are necessary to maintain the physical or mental health of the older person; or

(b) An older person to provide for his own needs because of inability to do so.

5. “Older person” means a person who is 60 years of age or older.

6. “Protective services” means services the purpose of which is to prevent and remedy the abuse, neglect, exploitation and isolation of older persons. The services may include investigation, evaluation, counseling, arrangement and referral for other services and assistance.

Sec. 3. NRS 200.5093 is hereby amended to read as follows:

200.5093 1. [A person required to make a report pursuant to this section shall make the report immediately, but in no event later than 24 hours after there is reason to believe that an older person has been abused, neglected, exploited or isolated. The report must be made to:

(a)] Any person who is described in subsection 4 and who, in his professional or occupational capacity, knows or has reasonable cause to believe that an older person has been abused, neglected, exploited or isolated shall:

(a) Except as otherwise provided in subsection 2, report the abuse, neglect, exploitation or isolation of the older person to:

(1) The local office of the aging services division of the department of human resources;

[(b)] (2) A police department or sheriff’s office;

[(c)] (3) The county’s office for protective services, if one exists in the county where the suspected action occurred; or

[(d)] (4) A toll-free telephone service designated by the aging services division of the department of human resources[.

If the report of] ; and

(b) Make such a report as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the older person has been abused, neglected, exploited or isolated.

2. If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that the abuse, neglect, exploitation or isolation of [an] the older person involves an act or omission of the aging services division or a law enforcement agency, the person shall make the report [must be made] to an agency other than the one alleged to have committed the act or omission.

3. Each agency, after reducing [the] a report to writing, shall forward a copy of the report to the aging services division of the department of human resources.

[2. Reports]

4. A report must be made pursuant to subsection 1 by the following persons : [who, in their professional or occupational capacities, know or have reason to believe that an older person is being or has been abused, neglected, exploited or isolated:]

(a) Every physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, physician’s assistant, psychiatrist, psychologist, marriage and family therapist, alcohol or drug abuse counselor, driver of an ambulance, advanced emergency medical technician or other person providing medical services licensed or certified to practice in this state, who examines, attends or treats an older person who appears to have been abused, neglected, exploited or isolated.

(b) Any personnel of a hospital or similar institution engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a hospital or similar institution upon notification of the suspected abuse, neglect, exploitation or isolation of an older person by a member of the staff of the hospital.

(d) Every clergyman, practitioner of Christian Science or religious healer, unless he acquired the knowledge of abuse, neglect, exploitation or isolation of the older person from the offender during a confession.

(e) Every person who maintains or is employed by an agency to provide nursing in the home.

(f) Every attorney, unless he has acquired the knowledge of abuse, neglect, exploitation or isolation of the older person from a client who has been or may be accused of such abuse, neglect, exploitation or isolation.

(g) Any employee of the department of human resources.

(h) Any employee of a law enforcement agency or a county’s office for protective services or an adult or juvenile probation officer.

(i) Any person who maintains or is employed by a facility or establishment that provides care for older persons.

(j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding the abuse, neglect, exploitation or isolation of an older person and refers them to persons and agencies where their requests and needs can be met.

(k) Every social worker.

(l) Any person who owns or is employed by a funeral home or mortuary.

[3.] 5. A report may be [filed] made by any other person.

[4. A]

6. If a person who is required to make a report pursuant to [this section who] subsection 1 knows or has reasonable cause to believe that an older person has died as a result of abuse, neglect or isolation , the person shall , as soon as reasonably practicable, report this belief to the appropriate medical examiner or coroner, who shall investigate the cause of death of the older person and submit to the appropriate local law enforcement agencies, the appropriate prosecuting attorney and the aging services division of the department of human resources his written findings. The written findings must include the information required pursuant to the provisions of NRS 200.5094, when possible.

[5.] 7. A division, office or department which receives a report pursuant to this section shall cause the investigation of the report to commence within 3 working days. A copy of the final report of the investigation conducted by a division, office or department, other than the aging services division of the department of human resources, must be forwarded to the aging services division within 90 days after the completion of the report.

[6.] 8. If the investigation of [the] a report results in the belief that [the] an older person is abused, neglected, exploited or isolated, the aging services division of the department of human resources or the county’s office for protective services may provide protective services to the older person if he is able and willing to accept them.

[7.] 9. A person who knowingly and willfully violates any of the provisions of this section is guilty of a misdemeanor.

Sec. 4. NRS 200.5094 is hereby amended to read as follows:

200.5094 1. [The report required] A person may make a report pursuant to NRS 200.5093 [may be made orally,] by telephone or [otherwise. The] , in light of all the surrounding facts and circumstances which are known or which reasonably should be known to the person at the time, by any other means of oral, written or electronic communication that a reasonable person would believe, under those facts and circumstances, is a reliable and swift means of communicating information to the person who receives the report. If the report is made orally, the person who receives the report must reduce it to writing as soon as [possible.] reasonably practicable.

2. The report must contain the following information, when possible:

(a) The name and address of the older person;

(b) The name and address of the person responsible for his care, if there is one;

(c) The name and address, if available, of the person who is alleged to have abused, neglected, exploited or isolated the older person;

(d) The nature and extent of the abuse, neglect, exploitation or isolation of the older person;

(e) Any evidence of previous injuries; and

(f) The basis of the reporter’s belief that the older person has been abused, neglected, exploited or isolated.

Sec. 5. NRS 200.50984 is hereby amended to read as follows:

200.50984 1. Notwithstanding any other statute to the contrary, the local office of the aging services division of the department of human resources and a county’s office for protective services, if one exists in the county where a violation is alleged to have occurred, may for the purpose of investigating an alleged violation of NRS 200.5091 to 200.50995, inclusive, and section 1 of this act inspect all records pertaining to the older person on whose behalf the investigation is being conducted, including, but not limited to, that person’s medical and financial records.

2. Except as otherwise provided in this subsection, if a guardian has not been appointed for the older person, the aging services division or the county’s office for protective services shall obtain the consent of the older person before inspecting those records. If the aging services division or the county’s office for protective services determines that the older person is unable to consent to the inspection, the inspection may be conducted without his consent. Except as otherwise provided in this subsection, if a guardian has been appointed for the older person, the aging services division or the county’s office for protective services shall obtain the consent of the guardian before inspecting those records. If the aging services division or the county’s office for protective services has [reason] reasonable cause to believe that the guardian is abusing, neglecting, exploiting or isolating the older person, the inspection may be conducted without the consent of the guardian, except that if the records to be inspected are in the personal possession of the guardian, the inspection must be approved by a court of competent jurisdiction.

Sec. 6. NRS 200.50986 is hereby amended to read as follows:

200.50986 The local office of the aging services division or the county’s office for protective services may petition a court in accordance with NRS 159.185 or 159.1905 for the removal of the guardian of an older person, or the termination or modification of that guardianship, if, based on its investigation, the aging services division or the county’s office of protective services has [reason] reasonable cause to believe that the guardian is abusing, neglecting, exploiting or isolating the older person in violation of NRS 200.5095 to 200.50995, inclusive[.] , and section 1 of this act.

Sec. 7. Chapter 202 of NRS is hereby amended by adding thereto the provisions set forth as sections 8 to 16, inclusive, of this act.

Sec. 8. As used in sections 8 to 16, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 9 and 10 of this act have the meanings ascribed to them in those sections.

Sec. 9. “Law enforcement agency” means:

1. The office of the attorney general or the office of a district attorney within this state and any attorney, investigator, special investigator or employee who is acting in his professional or occupational capacity for such an office; or

2. Any other law enforcement agency within this state and any peace officer or employee who is acting in his professional or occupational capacity for such an agency.

Sec. 10. “Violent or sexual offense” means any act that, if prosecuted in this state, would constitute any of the following offenses:

1. Murder or voluntary manslaughter pursuant to NRS 200.010 to 200.260, inclusive.

2. Mayhem pursuant to NRS 200.280.

3. Kidnaping pursuant to NRS 200.310 to 200.340, inclusive.

4. Sexual assault pursuant to NRS 200.366.

5. Robbery pursuant to NRS 200.380.

6. Administering poison or another noxious or destructive substance or liquid with intent to cause death pursuant to NRS 200.390.

7. Battery with intent to commit a crime pursuant to NRS 200.400.

8. Administering a drug or controlled substance to another person with the intent to enable or assist the commission of a felony or crime of violence pursuant to NRS 200.405 or 200.408.

9. False imprisonment pursuant to NRS 200.460, if the false imprisonment involves the use or threatened use of force or violence against the victim or the use or threatened use of a firearm or a deadly weapon.

10. Assault with a deadly weapon pursuant to NRS 200.471.

11. Battery which is committed with the use of a deadly weapon or which results in substantial bodily harm pursuant to NRS 200.481.

12. An offense involving pornography and a minor pursuant to NRS 200.710 or 200.720.

13. Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195.

14. Intentional transmission of the human immunodeficiency virus pursuant to NRS 201.205.

15. Open or gross lewdness pursuant to NRS 201.210.

16. Lewdness with a child pursuant to NRS 201.230.

17. An offense involving pandering or prostitution in violation of NRS 201.300, 201.320 or 201.340.

18. Coercion pursuant to NRS 207.190, if the coercion involves the use or threatened use of force or violence against the victim or the use or threatened use of a firearm or a deadly weapon.

19. An attempt, conspiracy or solicitation to commit an offense listed in subsections 1 to 18, inclusive.

Sec. 11. For the purposes of sections 8 to 16, inclusive, of this act, a person:

3. May make a report by telephone or, in light of all the surrounding facts and circumstances which are known or which reasonably should be known to the person at the time, by any other means of oral, written or electronic communication that a reasonable person would believe, under those facts and circumstances, is a reliable and swift means of communicating information to the person who receives the information.

Sec. 12. 1. Except as otherwise provided in sections 13 and 14 of this act, a person who knows or has reasonable cause to believe that another person has committed a violent or sexual offense against a child who is 12 years of age or younger shall:

(a) Report the commission of the violent or sexual offense against the child to a law enforcement agency; and

(b) Make such a report as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the other person has committed the violent or sexual offense against the child.

2. A person who knowingly and willfully violates the provisions of subsection 1 is guilty of a misdemeanor.

3. A report made pursuant to this section must include, without limitation:

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

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

Sec. 13. 1. A person may not be prosecuted or convicted pursuant to section 12 of this act unless a court in this state or any other jurisdiction has entered a judgment of conviction against a culpable actor for:

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

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

2. For any violation of section 12 of this act, an indictment must be found or an information or complaint must be filed within 1 year after the date on which:

(a) A court in this state or any other jurisdiction has entered a judgment of conviction against a culpable actor as provided in subsection 1; or

(b) The violation is discovered,

whichever occurs later.

3. For the purposes of this section:

(a) A court in “any other jurisdiction” includes, without limitation, a tribal court or a court of the United States or the Armed Forces of the United States.

(b) “Convicted” and “conviction” mean a judgment based upon:

(1) A plea of guilty, guilty but mentally ill or nolo contendere;

(2) A finding of guilt by a jury or a court sitting without a jury;

(3) An adjudication of delinquency or finding of guilt by a court having jurisdiction over juveniles; or

(4) Any other admission or finding of guilt in a criminal action or a proceeding in a court having jurisdiction over juveniles.

(c) A court “enters” a judgment of conviction against a person on the date on which guilt is admitted, adjudicated or found, whether or not:

(1) The court has imposed a sentence, a penalty or other sanction for the conviction; or

(2) The person has exercised any right to appeal the conviction.

(d) “Culpable actor” means a person who:

(1) Causes or perpetrates an unlawful act;

(2) Aids, abets, commands, counsels, encourages, hires, induces, procures or solicits another person to cause or perpetrate an unlawful act; or

(3) Is a principal in any degree, accessory before or after the fact, accomplice or conspirator to an unlawful act.

Sec. 14. The provisions of section 12 of this act do not apply to a person who:

1. Is less than 16 years of age;

2. Is, by blood or marriage, the spouse, brother, sister, parent, grandparent, child or grandchild of:

(a) The child who is the victim of the violent or sexual offense; or

(b) The person who committed the violent or sexual offense against the child;

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

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

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

6. Is acting in his professional or occupational capacity and is required to report the abuse or neglect of a child pursuant to NRS 432B.220.

Sec. 15. 1. If a person who is required to make a report pursuant to section 12 of this act makes such a report in good faith and in accordance with that section, the person is immune from civil or criminal liability for any act or omission related to that report, but the person is not immune from civil or criminal liability for any other act or omission committed by the person as part of, in connection with or as a principal, accessory or conspirator to the violent or sexual offense against the child, regardless of the nature of the other act or omission.

2. If a person is not required to make a report pursuant to section 12 of this act and the person makes such a report to a law enforcement agency in good faith, the person is immune from civil or criminal liability for any act or omission related to that report, but the person is not immune from civil or criminal liability for any other act or omission committed by the person as part of, in connection with or as a principal, accessory or conspirator to the violent or sexual offense against the child, regardless of the nature of the other act or omission.

3. For the purposes of this section, if a person reports to a law enforcement agency that another person has committed a violent or sexual offense against a child, whether or not the person is required to make such a report pursuant to section 12 of this act, the person is presumed to have made the report in good faith unless the person is being prosecuted for a criminal violation, including, without limitation, a violation of the provisions of NRS 207.280.

Sec. 16. If a person reports to a law enforcement agency that another person has committed a violent or sexual offense against a child, whether or not the person is required to make such a report pursuant to section 12 of this act, and the violent or sexual offense against the child would constitute abuse or neglect of a child, as defined in NRS 432B.020, the report made by the person shall be deemed to be a report of the abuse or neglect of the child that has been made pursuant to NRS 432B.220 and:

1. The appropriate agencies shall act upon the report pursuant to chapter 432B of NRS; and

2. The report may be used in the same manner as other reports that are made pursuant to NRS 432B.220.

Sec. 17. NRS 171.090 is hereby amended to read as follows:

171.090 Except as otherwise provided in NRS 171.095[,] and section 13 of this act, an indictment for:

1. A gross misdemeanor must be found, or an information or complaint filed, within 2 years after the commission of the offense.

2. Any other misdemeanor must be found, or an information or complaint filed, within 1 year after [its commission.] the commission of the offense.

Sec. 18. NRS 171.095 is hereby amended to read as follows:

171.095 1. Except as otherwise provided in subsection 2 and NRS 171.083:

(a) If a felony, gross misdemeanor or misdemeanor is committed in a secret manner, an indictment for the offense must be found, or an information or complaint filed, within the periods of limitation prescribed in NRS 171.085 and 171.090 after the discovery of the offense , unless a longer period is allowed by paragraph (b)[.] or the provisions of section 13 of this act.

(b) An indictment must be found, or an information or complaint filed, for any offense constituting sexual abuse of a child, as defined in NRS 432B.100, before the victim of the sexual abuse is:

(1) Twenty-one years old if he discovers or reasonably should have discovered that he was a victim of the sexual abuse by the date on which he reaches that age; or

(2) Twenty-eight years old if he does not discover and reasonably should not have discovered that he was a victim of the sexual abuse by the date on which he reaches 21 years of age.

2. If any indictment found, or an information or complaint filed, within the time prescribed in subsection 1 is defective so that no judgment can be given thereon, another prosecution may be instituted for the same offense within 6 months after the first is abandoned.

Sec. 19. Chapter 432B of NRS is hereby amended by adding thereto a new section to read as follows:

For the purposes of this chapter, a person:

Sec. 20. NRS 432B.160 is hereby amended to read as follows:

432B.160 1. Immunity from civil or criminal liability extends to every person who in good faith:

(a) Makes a report pursuant to [the provisions of] NRS 432B.220;

(b) Conducts an interview or allows an interview to be taken pursuant to NRS 432B.270;

(d) Causes a medical test to be performed pursuant to NRS 432B.270;

(e) Provides a record, or a copy thereof, of a medical test performed pursuant to NRS 432B.270 to an agency that provides protective services to the child, a law enforcement agency that participated in the investigation of the report of abuse or neglect of the child or the prosecuting attorney’s office;

(f) Holds a child pursuant to NRS 432B.400 or places a child in protective custody;

(g) Refers a case or recommends the filing of a petition pursuant to NRS 432B.380; or

(h) Participates in a judicial proceeding resulting from a referral or recommendation.

2. In any proceeding to impose liability against a person for:

(a) Making a report pursuant to [subsection 2 of] NRS 432B.220; or

(b) Any of the acts set forth in paragraphs (b) to (h), inclusive, of subsection 1,

there is a presumption that the person acted in good faith.

Sec. 21. NRS 432B.220 is hereby amended to read as follows:

432B.220 1. [A report must be made] Any person who is described in subsection 3 and who, in his professional or occupational capacity, knows or has reasonable cause to believe that a child has been abused or neglected shall:

(a) Except as otherwise provided in subsection 2, report the abuse or neglect of the child to an agency which provides protective services or to a law enforcement agency [immediately, but in no event] ; and

(b) Make such a report as soon as reasonably practicable but not later than 24 hours after [there is reason] the person knows or has reasonable cause to believe that [a] the child has been abused or neglected.

2. If [the report of] a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that the abuse or neglect of [a] the child involves [the acts or omissions] an act or omission of:

(a) A person directly responsible or serving as a volunteer for or an employee of a public or private home, institution or facility where the child is receiving child care outside of his home for a portion of the day, the person shall make the report [must be made] to a law enforcement agency.

(b) An agency which provides protective services or a law enforcement agency, the person shall make the report [must be made to and the investigation made by]to an agency other than the one alleged to have committed the [acts or omissions.

2. Reports] act or omission, and the investigation of the abuse or neglect of the child must be made by an agency other than the one alleged to have committed the act or omission.

3. A report must be made pursuant to subsection 1 by the following persons : [who, in their professional or occupational capacities, know or have reason to believe that a child has been abused or neglected:]

(a) A physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, physician’s assistant, psychiatrist, psychologist, marriage and family therapist, alcohol or drug abuse counselor, advanced emergency medical technician or other person providing medical services licensed or certified in this state;

(b) Any personnel of a hospital or similar institution engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a hospital or similar institution upon notification of suspected abuse or neglect of a child by a member of the staff of the hospital;

(d) A clergyman, practitioner of Christian Science or religious healer, unless he has acquired the knowledge of the abuse or neglect from the offender during a confession;

(e) A social worker and an administrator, teacher, librarian or counselor of a school;

(f) Any person who maintains or is employed by a facility or establishment that provides care for children, children’s camp or other public or private facility, institution or agency furnishing care to a child;

(g) Any person licensed to conduct a foster home;

(h) Any officer or employee of a law enforcement agency or an adult or juvenile probation officer;

(i) An attorney, unless he has acquired the knowledge of the abuse or neglect from a client who is or may be accused of the abuse or neglect; and

(j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding abuse or neglect of a child and refers them to persons and agencies where their requests and needs can be met.

[3.] 4. A report may be made by any other person.

[4. Any]

5. If a person who is required to make a report [under this section who] pursuant to subsection 1 knows or has reasonable cause to believe that a child has died as a result of abuse or neglect , the person shall , as soon as reasonably practicable, report this belief to the appropriate medical examiner or coroner, who shall investigate the report and submit to an agency which provides protective services his written findings . [, which] The written findings must include , if obtainable, the information required [under] pursuant to the provisions of subsection 2 of NRS 432B.230.

Sec. 22. NRS 432B.230 is hereby amended to read as follows:

432B.230 1. [The report required under the provisions of subsection 1 of] A person may make a report pursuant to NRS 432B.220 [may be madeverbally,] by telephone or [otherwise.] , in light of all the surrounding facts and circumstances which are known or which reasonably should be known to the person at the time, by any other means of oral, written or electronic communication that a reasonable person would believe, under those facts and circumstances, is a reliable and swift means of communicating information to the person who receives the report. If the report is made orally, the person who receives the report must reduce it to writing as soon as reasonably practicable.

2. The report must contain the following information, if obtainable:

(a) The name, address, age and sex of the child;

(b) The name and address of the child’s parents or other person responsible for his care;

(d) Any evidence of previously known or suspected abuse or neglect of the child or the child’s siblings;

(e) The name, address and relationship, if known, of the person who is alleged to have abused or neglected the child; and

(f) Any other information known to the person making the report that the agency which provides protective services considers necessary.

Sec. 23. NRS 432B.250 is hereby amended to read as follows:

432B.250 Any person who is required to make a report [under] pursuant to NRS 432B.220 may not invoke any of the privileges [granted under] set forth in chapter 49 of NRS:

1. For his failure to make a report [as required under] pursuant to NRS 432B.220;

2. In cooperating with an agency which provides protective services or a guardian ad litem for a child; or

3. In any proceeding held pursuant to NRS 432B.410 to 432B.590, inclusive.

Sec. 24. NRS 432B.290 is hereby amended to read as follows:

432B.290 1. Except as otherwise provided in subsection 2 or 5, data or information concerning reports and investigations thereof made pursuant to this chapter may be made available only to:

(a) A physician [who] , if the physician has before him a child who he [reasonably believes may have] has reasonable cause to believe has been abused or neglected;

(b) A person authorized to place a child in protective custody, if [he] the person has before him a child who he [reasonably believes may have] has reasonable cause to believe has been abused or neglected and [he] the person requires the information to determine whether to place the child in protective custody;

(c) An agency, including, without limitation, an agency in another jurisdiction, responsible for or authorized to undertake the care, treatment or supervision of:

(1) The child; or

(2) The person responsible for the welfare of the child;

(d) A district attorney or other law enforcement officer who requires the information in connection with an investigation or prosecution of abuse or neglect of a child;

(e) A court, for in camera inspection only, unless the court determines that public disclosure of the information is necessary for the determination of an issue before it;

(f) A person engaged in bona fide research or an audit, but information identifying the subjects of a report must not be made available to him;

(g) The guardian ad litem of the child;

(h) A grand jury upon its determination that access to these records is necessary in the conduct of its official business;

(i) An agency which provides protective services or which is authorized to receive, investigate and evaluate reports of abuse or neglect of a child;

(j) A person who or an organization that has entered into a written agreement with an agency which provides protective services to provide assessments or services and that has been trained to make such assessments or provide such services;

(k) A team organized for the protection of a child pursuant to NRS 432B.350;

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

(m) A parent or legal guardian of the child, if the identity of the person responsible for reporting the alleged abuse or neglect of the child to a public agency is kept confidential;

(n) The person named in the report as allegedly being abused or neglected, if he is not a minor or otherwise legally incompetent;

(o) An agency that is authorized by law to license foster homes or facilities for children or to investigate persons applying for approval to adopt a child, if the agency has before it an application for that license or is investigating an applicant to adopt a child;

(p) Upon written consent of the parent, any officer of this state or a city or county thereof or legislator authorized by the agency or department having jurisdiction or by the legislature, acting within its jurisdiction, to investigate the activities or programs of an agency that provides protective services if:

(1) The identity of the person making the report is kept confidential; and

(2) The officer, legislator or a member of his family is not the person alleged to have committed the abuse or neglect;

(q) The division of parole and probation of the department of motor vehicles and public safety for use pursuant to NRS 176.135 in making a presentence investigation and report to the district court; or

(r) Any person who is required pursuant to NRS 432B.220 to make a report to an agency which provides protective services or to a law enforcement agency.

2. Except as otherwise provided in subsection 3, data or information concerning reports and investigations thereof made pursuant to this chapter may be made available to any member of the general public if the child who is the subject of the report dies or is critically injured as a result of alleged abuse or neglect, except that the data or information which may be disclosed is limited to:

(a) The fact that a report of abuse or neglect has been made and, if appropriate, a factual description of the contents of the report;

(b) Whether an investigation has been initiated pursuant to NRS 432B.260, and the result of a completed investigation; and

3. An agency which provides protective services shall not disclose data or information pursuant to subsection 2 if the agency determines that the disclosure is not in the best interests of the child or if disclosure of the information would adversely affect any pending investigation concerning the report.

4. Upon petition, a court of competent jurisdiction may authorize the disclosure of additional information to the public pursuant to subsection 2 if good cause is shown by the petitioner for the disclosure of the additional information.

5. An agency investigating a report of the abuse or neglect of a child shall, upon request, provide to a person named in the report as allegedly causing the abuse or neglect of the child:

(a) A copy of:

(1) Any statement made in writing to an investigator for the agency by the person named in the report as allegedly causing the abuse or neglect of the child; or

(2) Any recording made by the agency of any statement made orally to an investigator for the agency by the person named in the report as allegedly causing the abuse or neglect of the child; or

(b) A written summary of the allegations made against the person who is named in the report as allegedly causing the abuse or neglect of the child. The summary must not identify the person responsible for reporting the alleged abuse or neglect.

6. Any person, except for:

(a) The subject of a report;

(b) A district attorney or other law enforcement officer initiating legal proceedings; or

(c) An employee of the division of parole and probation of the department of motor vehicles and public safety making a presentence investigation and report to the district court pursuant to NRS 176.135,

who is given access, pursuant to subsection 1 or 2, to information identifying the subjects of a report and who makes this information public is guilty of a misdemeanor.

7. The division of child and family services shall adopt regulations to carry out the provisions of this section.

Sec. 25. NRS 432B.290 is hereby amended to read as follows:

432B.290 1. Except as otherwise provided in subsection 2, data or information concerning reports and investigations thereof made pursuant to this chapter may be made available only to:

(a) A physician [who] , if the physician has before him a child who he [reasonably believes may have] has reasonable cause to believe has been abused or neglected;

(c) An agency, including, without limitation, an agency in another jurisdiction, responsible for or authorized to undertake the care, treatment or supervision of:

(1) The child; or

(2) The person responsible for the welfare of the child;

(d) A district attorney or other law enforcement officer who requires the information in connection with an investigation or prosecution of abuse or neglect of a child;

(e) A court, for in camera inspection only, unless the court determines that public disclosure of the information is necessary for the determination of an issue before it;

(f) A person engaged in bona fide research or an audit, but information identifying the subjects of a report must not be made available to him;

(g) The guardian ad litem of the child;

(h) A grand jury upon its determination that access to these records is necessary in the conduct of its official business;

(i) An agency which provides protective services or which is authorized to receive, investigate and evaluate reports of abuse or neglect of a child;

(j) A team organized for the protection of a child pursuant to NRS 432B.350;

(k) A parent or legal guardian of the child, if the identity of the person responsible for reporting the alleged abuse or neglect of the child to a public agency is kept confidential;

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

(m) An agency that is authorized by law to license foster homes or facilities for children or to investigate persons applying for approval to adopt a child, if the agency has before it an application for that license or is investigating an applicant to adopt a child;

(n) Upon written consent of the parent, any officer of this state or a city or county thereof or legislator authorized, by the agency or department having jurisdiction or by the legislature, acting within its jurisdiction, to investigate the activities or programs of an agency that provides protective services if:

(1) The identity of the person making the report is kept confidential; and

(2) The officer, legislator or a member of his family is not the person alleged to have committed the abuse or neglect; or

(o) The division of parole and probation of the department of motor vehicles and public safety for use pursuant to NRS 176.135 in making a presentence investigation and report to the district court.

2. An agency investigating a report of the abuse or neglect of a child shall, upon request, provide to a person named in the report as allegedly causing the abuse or neglect of the child:

(a) A copy of:

(1) Any statement made in writing to an investigator for the agency by the person named in the report as allegedly causing the abuse or neglect of the child; or

(2) Any recording made by the agency of any statement made orally to an investigator for the agency by the person named in the report as allegedly causing the abuse or neglect of the child; or

3. Any person, except for:

(a) The subject of a report;

(b) A district attorney or other law enforcement officer initiating legal proceedings; or

who is given access, pursuant to subsection 1, to information identifying the subjects of a report and who makes this information public is guilty of a misdemeanor.

4. The division of child and family services shall adopt regulations to carry out the provisions of this section.

Sec. 26. The amendatory provisions of this act do not apply to a person who violates NRS 200.5093 or 432B.220 or section 12 of this act before October 1, 1999.

Sec. 27. 1. This section and sections 1 to 24, inclusive, and 26 of this act become effective on October 1, 1999.

2. Section 24 of this act expires by limitation on June 30, 2001.

3. Section 25 of this act becomes effective on July 1, 2001.”.

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

“revising the provisions governing reports of the abuse or neglect of a child and reports of the abuse, neglect, exploitation or isolation of persons who are 60 years of age or older;”.

Assemblyman Anderson moved that the Assembly do not concur in the Senate Amendment No. 750 to Assembly Bill No. 267.

Remarks by Assemblyman Anderson.

Motion carried.

Bill ordered transmitted to the Senate.

Assembly Bill No. 467.

The following Senate amendment was read:

Amendment No. 818.

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

“applicant, if the information is not relevant to the commission in determining whether to grant a license to the applicant.”.

Amend section 1, page 2, line 1, by deleting “may” and inserting “shall”.

Assemblyman Anderson moved that the Assembly concur in the Senate Amendment No. 818 to Assembly Bill No. 467.

Remarks by Assemblyman Anderson.

Motion carried.

Bill ordered enrolled.

Assembly Bill No. 469.

The following Senate amendment was read:

Amendment No. 742.

Amend sec. 3, page 2, by deleting lines 33 through 38 and inserting:

“(b) A trust company that:

(1) Is organized under federal law or under the laws of this state or another state; and

(2) Maintains an office in this state for the transaction of business; or

(1) Is organized under federal law or under the laws of this state or another state;

(2) Maintains an office in this state for the transaction of business; and

(3) Possesses and exercises trust powers.”.

Assemblyman Anderson moved that the Assembly concur in the Senate Amendment No. 742 to Assembly Bill No. 469.

Remarks by Assemblyman Anderson.

Motion carried.

Bill ordered enrolled.

Assembly Bill No. 617.

The following Senate amendment was read:

Amendment No 842.

Amend section 1, pages 1 and 2, by deleting lines 6 through 15 on page 1 and lines 1 and 2 on page 2, and inserting:

“spousal support ordered by a court.”.

Amend section 1, page 2, between lines 33 and 34, by inserting:

“8. For the purposes of this section, a defendant is not “unable to provide the child support or spousal support ordered by a court” if, during the period that the defendant was obligated to provide and failed to provide child support or spousal support, the defendant was:

(a) Voluntarily unemployed or underemployed without good cause or to avoid payment of child support or spousal support, including, without limitation, not using reasonable diligence to secure sufficient employment; or

(b) Unable to pay the child support or spousal support ordered by a court because of his excessive spending, indebtedness or other legal obligation, unless the spending, indebtedness or other legal obligation was not within the control of the defendant.”.

Amend sec. 3, page 3, line 31, by deleting “or” and inserting “and”.

Assemblyman Anderson moved that the Assembly do not concur in the Senate Amendment No. 842 to Assembly Bill No. 617.

Remarks by Assemblyman Anderson.

Motion carried.

Bill ordered transmitted to the Senate.

Assembly Bill No. 645.

The following Senate amendment was read:

Amendment No. 843.

Amend the bill as a whole by adding new sections designated sections 1.1 through 1.9, following section 1, to read as follows:

“Sec. 1.1. NRS 2.250 is hereby amended to read as follows:

2.250 1. The clerk of the supreme court may demand and receive for his services rendered in discharging the duties imposed upon him by law the following fees:

(a) Except as otherwise provided in paragraph (c), whenever an appeal is taken to the supreme court, or whenever a special proceeding by way of mandamus, certiorari, prohibition, quo warranto, habeas corpus, or otherwise is brought in or to the supreme court, the appellant and any cross-appellant or the party bringing a special proceeding shall, at or before the appeal, cross-appeal or petition for a special proceeding has been entered on the docket, pay to the clerk of the supreme court the sum of $200.

(b) Except as otherwise provided in paragraph (c), a party to an appeal or special proceeding who petitions the supreme court for a rehearing shall, at the time of filing such a petition, pay to the clerk of the supreme court the sum of $100.

(1) Any action brought in or to the supreme court wherein the [state,] State of Nevada or any county, city or town thereof, or any officer or commission thereof is a party in his or its official or representative capacity, against the [state,] State of Nevada, county, city, town, officer or commission;

(2) A habeas corpus proceeding of a criminal or quasi-criminal nature; or

(3) An appeal taken from, or a special proceeding arising out of, a criminal proceeding.

(d) A fee of $60 for supreme court decisions in pamphlet form for each year, or a fee of $30 for less than a 6 months’ supply of decisions, to be collected from each person who requests such decisions, except those persons and agencies set forth in NRS 2.345. The clerk may charge a reasonable fee to all parties, including, without limitation, the persons and agencies set forth in NRS 2.345, for access to decisions of the supreme court compiled in an electronic format.

(e) A fee from a person who requests a photostatic copy or a photocopy print of any paper or document in an amount determined by the justices of the supreme court.

2. [No other fees may be charged than those specially set forth in this section nor may fees be charged for services other than those set forth in this section.] The clerk of the supreme court shall not charge any fee that is not authorized by law.

3. The clerk of the supreme court shall keep a fee book in which the clerk shall enter in detail the title of the matter, proceeding or action, and the fees charged therein. The fee book must be open to public inspection in the office of the clerk.

4. The clerk of the supreme court shall publish and post in some conspicuous place in his office a table of fees for public inspection. The clerk shall forfeit a sum of not less than $20 for each day of his omission to do so, which sum with costs may be recovered by any person by filing an action before any justice of the peace of the same county.

5. All fees prescribed in this section must be paid in advance, if demanded. If the clerk of the supreme court has not received any or all of the fees which are due to him for services rendered in any suit or proceeding, the clerk may have execution therefor in his own name against the party from whom they are due, to be issued from the supreme court upon order of a justice thereof or from the court upon affidavit filed.

6. The clerk of the supreme court shall give a receipt on demand of the party paying a fee. The receipt must specify the title of the cause in which the fee is paid and the date and the amount of the payment.

7. The clerk of the supreme court shall, when depositing with the state treasurer money received for court fees, render to the state treasurer a brief note of the cases in which the money was received.

Sec. 1.3. NRS 2.255 is hereby amended to read as follows:

2.255 If the clerk of the supreme court:

1. Violates any of the provisions of subsections 2 and 3 of NRS 2.250, he shall be fined in an amount not exceeding $1,000.

2. Takes greater fees than [allowed under NRS 2.250,] authorized by law, he shall, upon conviction, be removed from office and fined in an amount not exceeding $1,000.

Sec. 1.5. NRS 4.080 is hereby amended to read as follows:

4.080 [No other fees may be charged by justices of the peace than those specifically set forth in this chapter, nor may fees be charged for any other services than those mentioned in this chapter.] A justice of the peace shall not charge any fee that is not authorized by law.

Sec. 1.7. NRS 19.070 is hereby amended to read as follows:

19.070 [No other fees shall be charged than those set forth in this chapter, nor shall fees be charged for any other services than those mentioned in this chapter.] A county clerk shall not charge any fee that is not authorized by law.

Sec. 1.9. NRS 19.110 is hereby amended to read as follows:

19.110 If any county clerk [shall take] takes more or greater fees than are [allowed in this chapter,] authorized by law, he shall be liable to indictment, and on conviction shall be removed from office and fined in any sum not exceeding $1,000.”.

Amend sec. 5, pages 5 through 7, by deleting lines 24 through 43 on page 5, lines 1 through 43 on page 6 and lines 1 through 12 on page 7, and inserting:

“202.350 1. [~~It]~~Except as otherwise provided in this section and NRS 202.3653 to 202.369, inclusive, it is unlawful for a person within this state to:

(a) Manufacture or cause to be manufactured, or import into the state, or keep, offer or expose for sale, or give, lend or possess any knife which is made an integral part of a belt buckle or any instrument or weapon of the kind commonly known as a switchblade knife, blackjack, slung shot, billy, sand-club, sandbag or metal knuckles; or

(b) [Except as otherwise provided in subsection 4, carry] Carry concealed upon his person any:

(1) Explosive substance, other than ammunition or any components thereof;

(2) Dirk, dagger or machete;

(3) Pistol, revolver or other firearm, or other dangerous or deadly weapon; or

(4) Knife which is made an integral part of a belt buckle.

2. [It] Except as otherwise provided in this section, it is unlawful for a person to possess or use a:

(a) Nunchaku or trefoil with the intent to inflict harm upon the person of another; or

(b) Machine gun or a silencer.

3. Except as otherwise provided in NRS 202.275 and 212.185, a person who violates any of the provisions of subsection 1 or 2 is guilty:

(a) For the first offense, of a gross misdemeanor.

(b) For any subsequent offense, of a category D felony, and shall be punished as provided in NRS 193.130.

4. Except as otherwise provided in this subsection , [and NRS 202.3653 to 202.369, inclusive,] the sheriff of any county may, upon written application by a resident of that county showing the reason or the purpose for which a concealed weapon is to be carried, issue a permit authorizing the applicant to carry in this state the concealed weapon described in the permit. The sheriff shall not issue a permit to a person to carry a switchblade knife. This subsection does not authorize the sheriff to issue a permit to a person to carry a pistol, revolver or other firearm.

5. [This] Except as otherwise provided in subsection 6, this section does not apply to:

(a) Sheriffs, constables, marshals, peace officers, special police officers, police officers of this state, whether active or honorably retired, or other appointed officers.

(b) Any person summoned by any peace officer to assist in making arrests or preserving the peace while the person so summoned is actually engaged in assisting such an officer.

(c) Any full-time paid peace officer of an agency of the United States or another state or political subdivision thereof when carrying out official duties in the State of Nevada.

(d) Members of the Armed Forces of the United States when on duty.

6. The exemptions provided in subsection 5 do not include a former peace officer who is retired for disability unless his former employer has approved his fitness to carry a concealed weapon.

7. The provisions of paragraph (b) of subsection 2 do not apply to any person who is licensed, authorized or permitted to possess or use a machine gun or silencer pursuant to federal law. The burden of establishing federal licensure, authorization or permission is upon the person possessing the license, authorization or permission.

8. As used in this section:

(a) “Concealed weapon” [has the meaning ascribed to it in subsection 1 of NRS 202.3653.] means a weapon described in this section that is carried upon a person in such a manner as not to be discernible by ordinary observation.

(b) “Honorably retired” means retired in Nevada after completion of 10 years of creditable service as a member of the public employees’ retirement system. A former peace officer is not “honorably retired” if he was discharged for cause or resigned before the final disposition of allegations of serious misconduct.

(c) “Machine gun” means any weapon which shoots, is designed to shoot or can be readily restored to shoot more than one shot, without manual reloading, by a single function of the trigger.

(d) “Nunchaku” means an instrument consisting of two or more sticks, clubs, bars or rods connected by a rope, cord, wire or chain used as a weapon in forms of Oriental combat.

(e) “Silencer” means any device for silencing, muffling or diminishing the report of a firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a silencer or muffler, and any part intended only for use in such assembly or fabrication.

(f) “Switchblade knife” means a spring-blade knife, snap-blade knife or any other knife having the appearance of a pocket knife, any blade of which is 2 or more inches long and which can be released automatically by a flick of a button, pressure on the handle or other mechanical device, or is released by any type of mechanism.

(g) “Trefoil” means an instrument consisting of a metal plate having three or more radiating points with sharp edges, designed in the shape of a star, cross or other geometric figure and used as a weapon for throwing.”.

Assemblyman Anderson moved that the Assembly concur in the Senate Amendment No. 843 to Assembly Bill No. 645.

Remarks by Assemblyman Anderson.

Motion carried.

Bill ordered enrolled.

Assembly Bill No. 252.

The following Senate amendment was read:

Amendment No. 795.

Amend section 1, page 2, by deleting lines 24 through 29 and inserting:

“(a) The place of use of the water is changed to land upon which a lien is imposed pursuant to subsection 5, if:

(1) The change is in accordance with applicable statutes and regulations of Nevada; or

(2) On a stream system where a decree of court has been entered, the change is in accordance with the decree or any rules adopted pursuant to the decree; or”.

Assemblyman de Braga moved that the Assembly concur in the Senate Amendment No. 795 to Assembly Bill No. 252.

Remarks by Assemblyman de Braga.

Motion carried.

Bill ordered enrolled.

Assembly Bill No. 626.

The following Senate amendment was read:

Amendment No. 761.

Amend sec. 11, page 8, line 35, after “inclusive,” by inserting:

“or chapter 617”.

Amend sec. 11, page 8, by deleting line 37 and inserting:

“compensation pursuant to any act of Congress.”.

Amend sec. 13, page 9, line 25, by deleting:

“state emergency response commission” and inserting:

“[state emergency response commission] division of emergency management of the department of motor vehicles and public safety”.

Amend sec. 13, page 9, line 26, by deleting “commission” and inserting “[~~commission]~~ division”.

Amend sec. 13, page 9, line 29, by deleting “commission.” and inserting “[~~commission.]~~ division.”.

Amend sec. 13, page 9, line 36, by deleting “commission” and inserting “[~~commission]~~ division”.

Amend sec. 13, page 9, line 41, by deleting “commission” and inserting “[~~commission]~~ division”.

Amend sec. 13, page 10, line 5, by deleting “commission” and inserting “[~~commission]~~ division”.

Amend sec. 13, page 10, line 8, by deleting “commission” and inserting “[~~commission]~~ division”.

Amend sec. 13, page 10, line 10, by deleting “commission” and inserting “[~~commission]~~ division”.

Amend sec. 13, page 10, line 11, by deleting “commission” and inserting “[~~commission]~~ division”.

Amend sec. 13, page 10, line 16, by deleting “commission.” and inserting “[~~commission.]~~ division.”.

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

“Sec. 29. Section 11 of this act becomes effective at 12:01 a.m. on October 1, 1999.”.

Amend the title of the bill, eighth line, after “rescue;” by inserting:

“transferring the responsibility to administer the emergency assistance account within the disaster relief fund from the state emergency response commission to the division of emergency management;”.

Assemblyman Bache moved that the Assembly concur in the Senate Amendment No. 761 to Assembly Bill No. 626.

Remarks by Assemblyman Bache.

Motion carried.

Bill ordered enrolled.

Assembly Bill No. 627.

The following Senate amendment was read:

Amendment No. 777.

Amend section 1, page 2, line 43, by deleting “its employees.” and inserting:

“[its employees.]the public authority.”.

Amend sec. 2, page 3, by deleting lines 15 through 17 and inserting:

“(d) Fixing reasonable fees [~~for providing information about accommodations and commercial services,]~~ to recover the actual administrative cost incurred by the [~~department; and]~~ department for:

(1) Authorizing the use of trade-marks and symbols identifying an individual enterprise on a directional or informational sign; and

(2) Providing information concerning commercial attractions and services;

(e) Fixing reasonable fees, based upon the market value as determined by the department, for:”.

Amend sec. 2, page 3, line 19, after “in” by inserting:

“an urban area of”.

Amend sec. 2, page 3, line 21, after “information” by inserting:

“in an urban area of a county whose population is 100,000 or more”.

Amend sec. 2, page 3, line 23, by deleting “(e)” inserting “(f)”.

Amend sec. 3, page 3, by deleting lines 31 and 32 and inserting:

“individual enterprise on a directional or informational sign; and”.

Amend the title of the bill, third line, by deleting “certain”.

Assemblywoman Chowning moved that the Assembly concur in the Senate Amendment No. 777 to Assembly Bill No. 627.

Remarks by Assemblywoman Chowning.

Motion carried.

Bill ordered enrolled.

Assembly Bill No. 490.

The following Senate amendment was read:

Amendment No. 796.

Amend section 1, pages 2 and 3, by deleting lines 3 through 42 on page 2 and lines 1 and 2 on page 3, and inserting:

“section if the channel is cleared, maintained or restored pursuant to a permit granted by the division of state lands of the state department of conservation and natural resources and such other permits and approvals as are required by law.

5. The division of state lands and the division of environmental protection of the state department of conservation and natural resources shall refund the application or permit fees, if any, paid by a governmental entity to apply for a state permit to perform channel clearance, maintenance, restoration, surveying and monumenting if:

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

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

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

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

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

6. A state permit must not be denied for lack of money in the account for the channel clearance, maintenance, restoration, surveying and monumenting program.”.

Amend sec. 2, page 3, by deleting lines 20 through 24 and inserting:

“fund pursuant to NRS 353.266, 353.268 and 353.269.”.

Amend the bill as a whole by deleting sec. 3.

Amend the title of the bill to read as follows:

“AN ACT relating to navigable rivers; requiring the division of state lands and the division of environmental protection of the state department of conservation and natural resources to refund under certain circumstances fees paid by governmental entities to obtain a permit to conduct channel clearance of rivers; revising provisions governing the account for the channel clearance, maintenance, restoration, surveying and monumenting program; and providing other matters properly relating thereto.”.

Assemblyman de Braga moved that the Assembly concur in the Senate Amendment No. 796 to Assembly Bill No. 490.

Remarks by Assemblyman de Braga.

Motion carried.

Bill ordered enrolled.

Signing of Bills and Resolutions

There being no objections, the Speaker and Chief Clerk signed Assembly Bills Nos. 110, 173, 483, 535, 574, 576, 603, 616, 650; Assembly Concurrent Resolutions Nos. 16, 68; Assembly Joint Resolutions Nos. 20, 21; Senate Bills Nos. 13, 35, 52, 57, 153, 161, 339, 357, 365, 379, 452, 471, 531; Senate Concurrent Resolutions Nos. 2, 3, 11, 46.

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

Assembly in recess at 1:36 p.m.

ASSEMBLY IN SESSION

At 1:44 p.m.

Mr. Speaker presiding.

Quorum present.

REPORTS OF COMMITTEES

Mr. Speaker:

Your Committee on Constitutional Amendments, to which was referred Assembly Joint Resolution No. 26, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Bob Price, Chairman

GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR

On request of Assemblywoman Segerblom, the privilege of the floor of the Assembly Chamber for this day was extended to Joelle Hurns and Tom Jenkin.

On request of Assemblywoman Tiffany, the privilege of the floor of the Assembly Chamber for this day was extended to Christina Arnold, Albert Diantonia, Alysia Felomena, Leena Giffor, Joshua Giordano, Kevin Guiua, Mililani Hortizuela, Carson Keller, Joanna Kern, Ramil Ladislao, Rachelle Lauriano, Marko Lukich, Dennis Magill, Christopher Overlay, Lacey Pedreia, Michael Rawson, Brian Rogers, Esther Sotelo, Patrick Vaughn, Cody Volk, Billy White, Anthony Govea, Matthew Sage, John McCathey, Patricia Cooper, Margaret Arnold, Danny Diantonio, Doreen Folomenda, Deborah Palmer, Debra Magill, Steven Rogers, Carlton Vaughn, Emily Volk, Pamela Giordano, Blaise Morgan, Lara Proenza, Weston Milne, Steven Maglich, Gregory Valencia, Alicia Maziar, Sara Michaelsen, Gregory Davis, Christopher Cushing, Andrew Hailey, Katelynn Taylor, Lindsey Johnson, Amie Kemberling, Sarah Messina, Sarah Hoyt, Ashly Anthony, Amanda Arroway, Joshua Ogorek, Brett Leavitt, Joshua robero, Kameron Kavanaugh, Lucas Tielemans, Michael Balogh, Kylie Durham, Mark Morgan, Anjelina Evangelista, Bonnie Davis, Kym Cushing, Mariana Johnson, Judy Kemberling, Julia Anthony, Ann Ogorek, Susan Balogh, Debra Durham and Lori Nusbaum.

Assemblyman Perkins moved that the Assembly adjourn until Wednesday, May 19, 1999, at 11:00 a.m.

Motion carried.

Assembly adjourned at 1:53 p.m.

Approved: Joseph E. Dini, Jr.

Speaker of the Assembly

Attest: Jacqueline Sneddon

THE ONE HUNDRED AND SEVENTH DAY

Assistant Secretary of the Senate

NEVADA CONCEALED FIREARM PERMIT

Speaker of the Assembly

Chief Clerk of the Assembly