THE ONE HUNDRED AND NINTH DAY
Carson City (Thursday), May 20, 1999
Assembly called to order at 11:25 a.m.
Mr. Speaker presiding.
Roll called.
All present except Assemblywoman Evans, who was excused.
Prayer by the Chaplain, Father Jerry Hanley.
Our Father in Heaven, we take our concerns, our anxieties, and our hopes and place them in Your hands today. Show us that You are with us in every deepening way as our help, our guide, our strength, and our courage. Thank You for what You give us. We ask Your blessings on this Assembly and the people of Nevada. And through us, Lord, and through You, we ask that You send our care and blessings to the teens and the people of Conyor, Georgia. Amen.
Pledge of allegiance to the Flag.
Assemblyman Lee moved that further reading of the Journal be dispensed with, and the Speaker and Chief Clerk be authorized to make the necessary corrections and additions.
Motion carried.
REPORTS OF COMMITTEES
Mr. Speaker:
Your Committee on Commerce and Labor, to which were referred Senate Bills Nos. 38, 103, 322, 375, 423, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Barbara E. Buckley, Chairman
Mr. Speaker:
Your Committee on Elections, Procedures, and Ethics, to which was referred Senate Bill No. 478, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Chris Giunchigliani, Chairman
Mr. Speaker:
Your Committee on Government Affairs, to which were referred Senate Bills Nos. 31, 191, 312, 323, 436, 500, 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. 404, 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 Natural Resources, Agriculture, and Mining, to which were referred Senate Joint Resolutions Nos. 1, 10, 12, has had the same under consideration, and begs leave to
report the same back with the recommendation: Do pass.
Marcia de Braga, Chairman
Mr. Speaker:
Your Committee on Transportation, to which was referred Senate Bill No. 302, has had the same under consideration, and begs leave to report the same back with the recommendation:
Amend, and do pass as amended.
Vonne S. Chowning, Chairman
Mr. Speaker:
Your Committee on Ways and Means, to which was re-referred Assembly Bill No. 269, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also, your Committee on Ways and Means, to which were referred Assembly Bills Nos. 323, 684; Senate Bills Nos. 292, 546, 547, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also, your Committee on Ways and Means, to which were referred Assembly Bill No. 342; Senate Bill No. 282, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Also, your Committee on Ways and Means, to which was re-referred Senate Bill No. 68, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Morse Arberry Jr., Chairman
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman de Braga moved that all rules be suspended, reading so far had considered second reading, rules further suspended, Senate Joint Resolutions Nos. 1, 10 and 12 declared emergency measures under the Constitution and placed on the top of third reading and final passage.
Remarks by Assemblyman de Braga.
Motion carried unanimously.
Assemblyman Bache moved that Senate Bill No. 475 be taken from the Chief Clerk's desk and placed on the General File.
Remarks by Assemblyman Bache.
Motion carried.
Assemblyman Bache moved that Senate Bill No. 80 be taken from the General File and re-referred to the Committee on Ways and Means.
Motion carried.
Assemblyman Goldwater moved that Senate Bill No. 259 be taken from the General File and re-referred to the Committee on Ways and Means.
Motion carried.
Mr. Speaker announced that if there were no objections, the Assembly would recess subject to the call of the Chair.
Assembly in recess at 11:37 a.m.
ASSEMBLY IN SESSION
At 12:07 p.m.
Mr. Speaker presiding.
Quorum present.
REPORTS OF COMMITTEES
Mr. Speaker:
Your Committee on Commerce and Labor, to which was referred Senate Bills Nos. 128, 192, 210, 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
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Perkins moved that Assembly Bills Nos. 323, 342 and 684; Senate Bills Nos. 31, 38, 68, 103, 128, 191, 192, 210, 282, 292, 302, 312, 322, 323, 375, 404, 423, 436, 478, 500, 546 and 547 be placed on the Second Reading File.
Motion carried.
MESSAGES FROM THE Senate
Senate Chamber, Carson City, May 19, 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. 309, 528, 590, 591, 599, 637, 638.
Also, I have the honor to inform your honorable body that the Senate amended, and on this day passed, as amended, Amendment No. 955 to Assembly Bill No. 18; Amendment No. 929 to Assembly Bill No. 37; Amendment No. 954 to Assembly Bill No. 86; Amendment Nos. 784, 1032 to Assembly Bill No. 94; Amendment No. 902 to Assembly Bill No. 289; Amendment No. 915 to Assembly Bill No. 363; Amendment No. 846 to Assembly Bill No. 376; Amendment No. 914 to Assembly Bill No. 392; Amendment No. 906 to Assembly Bill No. 406; Amendment No. 925 to Assembly Bill No. 451; Amendment No. 951 to Assembly Bill No. 517; Amendment No. 823 to Assembly Bill No. 573; Amendment No. 958 to Assembly Bill No. 583; Amendment No. 960 to Assembly Bill No. 646, 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. 910 to Senate Bill No. 97; Assembly Amendment No. 868 to Senate Bill No. 131; Assembly Amendment No. 789 to Senate Bill No. 397; Assembly Amendment No. 774 to Senate Bill No. 464; Assembly Amendment No. 884 to Senate Bill No. 495.
Also, I have the honor to inform your honorable body that the Senate on this day respectfully refused to concur in the Assembly Amendment No. 878 to Senate Bill No. 519.
Also, I have the honor to inform your honorable body that the Senate on this day respectfully refused to recede from its action on Assembly Bill No. 477, Senate Amendment No. 860, and requests a conference, and appointed Senators Schneider, Jacobsen and Rhoads as a first Conference Committee to meet with a like committee of the Assembly.
Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bills Nos. 363, 485.
Also, I have the honor to inform your honorable body that the Senate on this day adopted the report of the first Conference Committee concerning Senate Bill No. 532.
Mary Jo Mongelli
Assistant Secretary of the Senate
MOTIONS, RESOLUTIONS AND NOTICES
By the Committee on Elections, Procedures, and Ethics:
Assembly Concurrent Resolution No. 69—Revising the Joint Standing Rules of the Senate and Assembly for the 70th session of the Legislature governing notices of reconsideration and exemptions of bills from the rules relating to limitations on introductions and requests for legislative measures and the schedule for their enactment.
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That Rules Nos. 14.3, 14.5 and 14.6 of the Joint Standing Rules of the Senate and Assembly as adopted by the 70th session of the Nevada Legislature are hereby amended to read as follows:
Rule No. 14.3. Final Dates for Action by Standing Committees and Houses; Final Date for Requesting Drafting of Reports for Conference Committees.
Except as otherwise provided in Joint Standing Rules Nos. 14.4, 14.5 and 14.6:
1. The final standing committee to which a bill is referred in its House of origin may only take action on the bill on or before the 68th calendar day of the legislative session. A bill may be re-referred after that date only to the Committee on Finance or the Committee on Ways and Means and only if the Fiscal Analysis Division has determined pursuant to subsection 1 of Joint Standing Rule No. 14.6 that the bill is exempt.
2. Final action on a bill may only be taken by the House of origin on or before the 78th calendar day of the legislative session.
3. The final standing committee to which a bill is referred in the second House may only take action on the bill on or before the 103rd calendar day of the legislative session. A bill may be re-referred after that date only to the Committee on Finance or the Committee on Ways and Means and only if the Fiscal Analysis Division has determined pursuant to subsection 1 of Joint Standing Rule No. 14.6 that the bill is exempt.
4. Final action on a bill may only be taken by the second House on or before the 110th calendar day of the legislative session.
5. Requests for the drafting of reports for Conference Committees must be submitted to the Legislative Counsel on or before the 118th calendar day of the legislative session.
No notice of reconsideration of any final vote on a bill is in order on the last day on which final action is allowed.
Rule No. 14.5. Waivers.
1. At the request of a legislator or a standing committee of the Senate or Assembly, subsection 1 or 2 of Joint Standing Rule No. 14, subsection 1 of Joint Standing Rule No. 14.2 or any of the provisions of Joint Standing Rule No. 14.3, or any combination thereof, may be waived by the Majority Leader of the Senate and the Speaker of the Assembly, acting jointly, at any time during a legislative session. A request for a waiver submitted by a standing committee must be approved by a majority of all members appointed to the committee before the request is submitted to the Majority Leader and the Speaker.
2. A waiver granted pursuant to subsection 1:
(a) Must be in writing, executed on a form provided by the Legislative Counsel, and signed by the Majority Leader and the Speaker.
(b) Must indicate the date on which the waiver is granted.
(c) Must indicate the legislator or standing committee on whose behalf the waiver is being granted.
(d) Must include the bill number for which the waiver is granted or indicate that the Legislative Counsel is authorized to accept and honor a request for a new bill.
(e) Must indicate the provisions to which the waiver applies.
(f) May include the conditions under which the bill for which the waiver is being granted must be introduced and processed.
3. The Legislative Counsel shall not honor a request for the drafting of a new bill for which a waiver is granted pursuant to this rule unless such information as is required to draft the bill is submitted to the Legislative Counsel within 2 calendar days after the date on which the waiver is granted.
4. Upon the receipt of a written waiver granted pursuant to this rule, the Legislative Counsel shall transmit a copy of the waiver to the Secretary of the Senate and the Chief Clerk of the Assembly. The notice that a waiver has been granted for an existing bill must be read on the floor and entered in the journal, and a notation that the waiver was granted must be included as a part of the history of the bill on the next practicable legislative day. A notation that a waiver was granted authorizing a new bill must be included as a part of the history of the bill after introduction.
5. The Legislative Counsel shall secure the original copy of the waiver to the official cover of the bill.
6. No notice of reconsideration of any final vote on a bill is in order on the last day on which final action is allowed by a waiver.
Rule No. 14.6. Exemptions.
1. Upon request of the draft by or referral to the Senate Finance Committee or the Assembly Committee on Ways and Means, a bill which has been determined by the Fiscal Analysis Division to:
(a) Contain an appropriation;
(b) Authorize the expenditure by a state agency of sums not appropriated from the state general fund or the state highway fund;
(c) Create or increase
any significant fiscal liability of the state; [or]
(d) Implement a budget decision; or
(e) Significantly decrease any revenue of the state,
is exempt from the provisions of subsections 1 and 2 of Joint Standing Rule No. 14, subsection 1 of Joint Standing Rule No. 14.2 and Joint Standing Rule No. 14.3. The Fiscal Analysis Division shall give notice to the Legislative Counsel to cause to be printed on the face of the bill the term “exempt” for any bills requested by the Senate Finance Committee or Assembly Committee on Ways and Means that have been determined to be exempt and shall give written notice to the Legislative Counsel, Secretary of the Senate and Chief Clerk of the Assembly of any bill which is determined to be exempt after it is printed. A notation of each exemption granted after the bill was printed must be included as a part of the history of the bill on the next practicable legislative day. The term “exempt” must be printed on the face of all subsequent reprints of the bill.
2. All of the provisions of Joint Standing Rules Nos. 14, 14.2 and 14.3 apply to a bill until it is determined to be exempt pursuant to subsection 1. A bill determined to be exempt does not lose the exemption regardless of subsequent actions taken by the Legislature.
3. A cumulative list of all bills determined to be exempt after being printed must be maintained and printed in the back of the list of requests for the preparation of legislative measures prepared pursuant to NRS 218.2475.
4. The provisions of subsections 1 and 2 of Joint Standing Rule No. 14, subsection 1 of Joint Standing Rule No. 14.2 and Joint Standing Rule No. 14.3 do not apply to:
(a) A bill required to carry out the business of the Legislature.
(b) A joint, concurrent or simple resolution.
(c) A bill that was previously enrolled but, upon the request of the Legislature, has been returned from the Governor for further consideration.
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. 69 be immediately transmitted to the Senate.
Motion carried unanimously.
Assemblyman Bache moved that Senate Bill No. 391 be taken from the Chief Clerk's desk and placed on the General File.
Remarks by Assemblyman Bache.
Motion carried.
Notice of Exemption
The Fiscal Analysis Division, pursuant to Joint Standing Rule 14.6, determined the exemption of Assembly Bill No. 687.
INTRODUCTION, FIRST READING AND REFERENCE
By the Committee on Judiciary:
Assembly Bill No. 689—AN ACT relating to legislative measures; amending Assembly Bill No. 284 of the 1999 Legislative Session to clarify that provisions apply to public water systems that serve a population of 100,000 or more, but only in a county whose population is 400,000 or more; amending Senate Bill No. 471 of the 1999 Legislative Session to delay the date upon which legislative measures of local governments must set forth certain disclosures regarding unfunded mandates; 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. 363.
Assemblyman Perkins moved that the bill be referred to the Committee on Natural Resources, Agriculture, and Mining.
Motion carried.
Senate Bill No. 485.
Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 323.
Bill read second time and ordered to third reading.
Assembly Bill No. 342.
Bill read second time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 1029.
Amend section 1, page 1, line 3, by deleting “$4,928,923” and inserting “$3,773,076”.
Amend section 1, page 1, by deleting line 4 and inserting:
“1. For the manufacture of “blue” license plates, the sum of $148,867;”.
Amend section 1, page 1, line 6, by deleting “$4,394,701;” and inserting “$3,610,140;”.
Amend section 1, page 1, line 8, by deleting “$103,246.” and inserting “$14,069.”.
Amend the bill as a whole by renumbering sec. 3 as sec. 4 and adding a new section designated sec. 3, following sec. 2, to read as follows:
“Sec. 3. Section 1 of Senate Bill No. 267 of this session is hereby amended to read as follows:
Section 1. NRS 482.266 is hereby amended to read as follows:
482.266 1. [At the request of a person who applies for the registration or renewal of the registration of a vehicle that has motor vehicle license plates which were issued before January 1, 1982, the department shall refurbish the license plates for a fee not to exceed the actual cost of the refurbishment.
2. If a motor vehicle license plate that was issued before January 1, 1982, is delivered to the department for refurbishment, the person who applies for the registration or renewal of registration of the vehicle shall display on the vehicle a temporary permit which must be affixed to the vehicle in a form, manner and position determined by the department.] A person who desires to have regular or personalized license plates that are substantially in the same color and form as license plates manufactured before January 1, 1982, must:
(a) Submit a written request for such license plates to the department in a manner and form prescribed by the department; and
(b) In addition to all other applicable registration fees, licensing fees and motor vehicle privilege taxes, pay the manufacturing fee prescribed by the department.
A person requesting license plates pursuant to this section must comply with all requirements for registration and licensing pursuant to this chapter. A request for license plates pursuant to this section does not, by itself, constitute a request for special license plates pursuant to subsection 3 of NRS 482.265.
2. After receiving a request and the full amount of the payment due for license plates requested pursuant to subsection 1, the department shall manufacture the license plates using substantially the same process, dies and materials as were used to manufacture license plates before January 1, 1982. The department shall deliver license plates requested pursuant to this section to a person who requests such license plates within 180 days after acceptance of the written request or after receipt of payment therefor, whichever occurs last.
3. The department shall:
(a) Prescribe, by regulation, a manner and form for submitting a written request pursuant to subsection 1. The form must include, without limitation, an indication of whether the requester desires to have the same letters and numbers on the license plates requested as are on the license plates that are registered to him at the time of the request.
(b) Determine the cost of manufacturing a license plate pursuant to this section and prescribe a manufacturing fee, which must not exceed $25, to defray the cost of manufacturing license plates pursuant to this section. The manufacturing fee must be:
(1) Collected by the department;
(2) Deposited with the state treasurer to the credit of the motor vehicle fund; and
(3) Allocated to the revolving account for the issuance of special license plates created pursuant to section 1 of Senate Bill No. 490 of this session to defray the costs of manufacturing license plates pursuant to this section.
4. A person who requests license plates pursuant to this section may keep the license plates which are registered to him at the time of the request if the license plates requested contain the same letters and numbers as the license plates which are registered to him at the time of the request.”.
Amend the title of the bill, third line, after “plates;” by inserting:
“requiring certain money collected to defray the cost of manufacturing certain special license plates to be allocated to the revolving account for the issuance of special license plates;”.
Assemblyman Arberry moved the adoption of the amendment.
Remarks by Assemblyman Arberry.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 684.
Bill read second time and ordered to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Perkins moved that the reading of the history of Senate Bills on the Second Reading File and the General File be dispensed with for this legislative day.
Motion carried.
SECOND READING AND AMENDMENT
Senate Bill No. 31.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 867.
Amend section 1, page 1, by deleting line 11 and inserting:
“[Third]Martin Luther King, Jr.’s birthday is on January 15 but is to be observed on the third Monday in January [(Martin Luther King, Jr.’s Birthday)
Third]Washington’s birthday is on February 22 but is to be observed on the thirdMonday in February [(Washington’s birthday)]”.
Amend section 1, page 1, by deleting line 11 and inserting:
“Nevada Day is October 31 [(Nevada
Day)] but is to be observed on the
last Friday in October”.
Amend sec. 3, pages 2 and 3, by deleting line 39 on page 2 and lines 1 through 3 on page 3, and inserting:
“holiday pursuant to NRS 236.015 . [except that any board of trustees of a school district may
elect to keep school open on October 31 (or other day observed as Nevada Day)
and observe such holiday with appropriate exercises.]”.
Amend the bill as a whole by renumbering sec. 4 as sec. 5 and adding a new section, designated section 4, following sec. 3, to read as follows:
“Sec. 4. NRS 662.255 is hereby amended to read as follows:
662.255 1. A bank may elect to close on Saturdays, Sundays or legal holidays. Except as otherwise provided in subsection 2 and NRS 104.4303, if a bank elects not to close on a Saturday, Sunday or legal holiday, all business transacted on a Saturday, Sunday or legal holiday shall be deemed to have been transacted on the next banking day that is not a Saturday, Sunday or legal holiday.
2. If a bank elects not to close on a Saturday, Sunday or legal holiday which falls on the last day of a calendar year, that day shall be deemed a regular banking day for the purposes of transacting business.
3. As used in this section, the term “legal holiday” includes all days which are declared by NRS 236.015 to be legal holidays.”.
Amend sec. 4, page 3, line 4, by deleting line 4 and inserting:
“Sec. 5. 1. This section and section 4 of this act become effective on October 1, 1999.
2. Sections 1, 2 and 3 of this act become effective on January 1, 2000.”.
Amend the title of the bill to read as follows:
“AN ACT relating to holidays; changing the legal holiday for the observance of Nevada Day; removing the exception that allows schools to remain open on Nevada Day; revising the provision governing the transaction of banking business on holidays and weekends; and providing other matters properly relating thereto.”.
Amend the summary of the bill, first line, by deleting the period and inserting:
“and revises provision governing transaction of banking business on holidays.”.
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. 38.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 980.
Amend sec. 12, page 6, by deleting lines 32 through 35 and inserting:
“2. If , during the first 12 months after a claim is opened, the medical benefits required to be paid for a claim are less than $500, the claim closes automatically . [if the claimant does not receive medical treatment for the injury for at least 12 months.] The claimant may not appeal the closing of such a”.
Assemblywoman Buckley moved the adoption of the amendment.
Remarks by Assemblywoman Buckley.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Senate Bill No. 68.
Bill read second time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 1051.
Amend sec. 5, page 3, line 13, by deleting “arrests; and” and inserting “arrests;”.
Amend sec. 5, page 3, line 16, by deleting “department.” and inserting:
“department; and
22. Criminal investigators who are employed by the secretary of state.”.
Amend sec. 18, page 8, by deleting lines 9 and 10 and inserting:
“289.360, inclusive, and section 1 of [this act.
2.]Senate Bill No. 183 of this session.
3. “Punitive action” means any action which may lead to dismissal,”.
Amend sec. 32, page 16, by deleting lines 42 and 43 and inserting:
“2. Sections 1 to 17, inclusive, 19 to 27, inclusive, 29 and 30 of this act become effective on July 1, 1999.
3. Sections 18 and 31 of this act become effective at 12:01 a.m. on July 1, 1999.”
Assemblyman Arberry moved the adoption of the amendment.
Remarks by Assemblyman Arberry.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Senate Bill No. 103.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 985.
Amend sec. 18, page 15, line 21, by deleting:
“10 years after” and inserting:
“on July 1, 2010, if”.
Amend sec. 18, page 15, line 23, by deleting the period and inserting:
“on or before July 1, 2006.”.
Assemblywoman Buckley moved the adoption of the amendment.
Remarks by Assemblywoman Buckley.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Senate Bill No. 128.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 984.
Amend sec. 2, page 2, by deleting lines 21 through 29, and inserting:
“order to the person to cease and desist the unlawful advertising and to:
(a) Cause any telephone number included in the advertising, other than a telephone number to a provider of paging services, to be disconnected.
(b) Request the provider of paging services to change the number of any beeper which is included in the advertising or disconnect the paging services to such a beeper, and to inform the provider of paging services that the request is made pursuant to this section.
4. If a person fails to comply with paragraph (a) of subsection 3 within 5 days after the date that he receives an order pursuant to subsection 3, the board may request the public utilities commission of Nevada to order the appropriate provider of telephone service to disconnect any telephone number included in the advertisement, except for a telephone number to a provider of paging services. If a person fails to comply with paragraph (b) of subsection 3 within 5 days after the date he receives an order pursuant to subsection 3, the board may request the provider of paging services to switch the beeper number or disconnect the paging services provided to the person, whichever the provider deems appropriate.
5. If the provider of paging services receives a request from a person pursuant to subsection 3 or a request from the board pursuant to subsection 4, it shall, at its discretion:
(a) Disconnect the paging service to the person; or
(b) Switch the beeper number of the paging service provided to the person.
If the provider of paging services elects to switch the number pursuant to paragraph (b), it shall not forward or offer to forward the paging calls from the previous number, or provide or offer to provide a recorded message that includes the new beeper number.
6. As used in this section [,
“advertising”]
:”.
Amend sec. 2, page 2, line 37, after “(b)” by inserting:
““Beeper” means a portable electronic device which is used to page the person carrying it by emitting an audible or a vibrating signal when the device receives a special radio signal.
(c) “Provider of paging services” means an entity, other than a public utility, that provides paging service to a beeper.
(d)”.
Amend sec. 4, page 3, by deleting line 17 and inserting:
“1. Upon receiving a”.
Amend sec. 4, page 3, line 20, by deleting:
“without holding a hearing.” and inserting:
“to disconnect the telephone number if, after notice and a hearing, the commission determines that the facts are sufficient to justify such an order.”.
Amend the bill as a whole by adding a new section designated sec. 6, following sec. 5, to read as follows:
“Sec. 6. Subsection 5 of section 2 of this act shall not be interpreted or applied in a manner to unconstitutionally interfere with contractual rights in effect at the time this act becomes effective. For purposes of this section, the date the contract was last renewed shall be deemed to be the effective date of the rights contained therein.”.
Amend the title of the bill by deleting the fourth through sixth lines and inserting:
“for which the advertiser does not have the required license; authorizing the board to request a provider of paging services to switch a beeper number or disconnect paging services to a beeper included in such advertising; requiring such providers of services to comply with the orders; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Authorizes state contractors’ board to request that telephone number be disconnected and to request beeper number be switched or disconnected if telephone or beeper number is included in certain unlawful advertisements. (BDR 54‑607)”.
Assemblywoman Buckley moved the adoption of the amendment.
Remarks by Assemblywoman Buckley.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Senate Bill No. 191.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 943.
Amend the bill as a whole by deleting sec. 2, renumbering section 1 as sec. 2 and adding a new section designated section 1, following the enacting clause, to read as follows:
“Section 1. NRS 278.160 is hereby amended to read as follows:
278.160 1. The master plan, with the accompanying charts, drawings, diagrams, schedules and reports, may include such of the following subject matter or portions thereof as are appropriate to the city, county or region, and as may be made the basis for the physical development thereof:
(a) Community design. Standards and principles governing the subdivision of land and suggestive patterns for community design and development.
(b) Conservation plan. For the conservation, development and utilization of natural resources, including water and its hydraulic force, underground water, water supply, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals and other natural resources. The plan must also cover the reclamation of land and waters, flood control, prevention and control of the pollution of streams and other waters, regulation of the use of land in stream channels and other areas required for the accomplishment of the conservation plan, prevention, control and correction of the erosion of soils through proper clearing, grading and landscaping, beaches and shores, and protection of watersheds. The plan must also indicate the maximum tolerable level of air pollution.
(c) Economic plan. Showing recommended schedules for the allocation and expenditure of public money in order to provide for the economical and timely execution of the various components of the plan.
(d) Historical properties preservation plan. An inventory of significant historical, archaeological and architectural properties as defined by a city, county or region, and a statement of methods to encourage the preservation of those properties.
(e) Housing plan. The housing plan must include, but is not limited to:
(1) An inventory of housing conditions, needs and plans and procedures for improving housing standards and for providing adequate housing.
(2) An inventory of affordable housing in the community.
(3) An analysis of the demographic characteristics of the community.
(4) A determination of the present and prospective need for affordable housing in the community.
(5) An analysis of any impediments to the development of affordable housing and the development of policies to mitigate those impediments.
(6) An analysis of the characteristics of the land that is the most appropriate for the construction of affordable housing.
(7) An analysis of the needs and appropriate methods for the construction of affordable housing or the conversion or rehabilitation of existing housing to affordable housing.
(8) A plan for maintaining and developing affordable housing to meet the housing needs of the community.
(f) Land use plan. An inventory and classification of types of natural land and of existing land cover and uses, and comprehensive plans for the most desirable utilization of land. The land use plan may include a provision concerning the acquisition and use of land that is under federal management within the city, county or region, including, without limitation, a plan or statement of policy prepared pursuant to NRS 321.7355.
(g) Population plan. An estimate of the total population which the natural resources of the city, county or region will support on a continuing basis without unreasonable impairment.
(h) Public buildings. Showing locations and arrangement of civic centers and all other public buildings, including the architecture thereof and the landscape treatment of the grounds thereof.
(i) Public services and facilities. Showing general plans for sewage, drainage and utilities, and rights of way, easements and facilities therefor, including any utility projects required to be reported pursuant to NRS 278.145.
(j) Recreation plan. Showing a comprehensive system of recreation areas, including natural reservations, parks, parkways, reserved riverbank strips, beaches, playgrounds and other recreation areas, including, when practicable, the locations and proposed development thereof.
(k) Safety plan. In any county whose population is 400,000 or more, identifying potential types of natural and man-made hazards, including hazards from floods, landslides or fires, or resulting from the manufacture, storage, transfer or use of bulk quantities of hazardous materials. The plan may set forth policies for avoiding or minimizing the risks from those hazards.
(l) School facilities plan. Showing the general locations of current and future school facilities based upon information furnished by the appropriate local school district.
(m) Seismic safety plan. Consisting of an identification and appraisal of seismic hazards such as susceptibility to surface ruptures from faulting, to ground shaking or to ground failures.
[(m)] (n) Solid waste disposal plan. Showing general plans for the disposal of solid waste.
[(n)] (o) Streets and highways plan. Showing the general locations and widths of a comprehensive system of major traffic thoroughfares and other traffic ways and of streets and the recommended treatment thereof, building line setbacks, and a system of naming or numbering streets and numbering houses, with recommendations concerning proposed changes.
[(o)] (p) Transit plan. Showing a proposed system of transit lines, including rapid transit, streetcar, motorcoach and trolley coach lines and related facilities.
[(p)] (q) Transportation plan. Showing a comprehensive transportation system, including locations of rights of way, terminals, viaducts and grade separations. The plan may also include port, harbor, aviation and related facilities.
2. The commission may prepare and adopt, as part of the master plan, other and additional plans and reports dealing with such other subjects as may in its judgment relate to the physical development of the city, county or region, and nothing contained in NRS 278.010 to 278.630, inclusive, prohibits the preparation and adoption of any such subject as a part of the master plan.”.
Amend section 1, page 1, line 1, by deleting “In” and inserting:
“Except as otherwise provided in this section, in”.
Amend section 1, page 1, by deleting line 8 and inserting:
“before the date on which the governing body of the local government or unit thereof, or a person or agency authorized to take final action by the governing body:
(a) Takes final action on the final map pertaining to the project, if the project is a residential subdivision; or
(b) Considers the project for final action, if the project is a project other than a residential subdivision.”.
Amend section 1, page 1, by deleting line 15 and inserting:
“(b) The estimated number of additional pupils for each elementary school, junior high or middle school, and high school that the project”.
Amend section 1, page 2, by deleting line 14 and inserting:
“are provided, including, without limitation, facilities that are planned, but not yet constructed, and facilities which have been included in a plan for capital improvements prepared by the appropriate local government pursuant to NRS 278.0226.”.
Amend section 1, page 2, line 15, after “existing” by inserting “and planned”.
Amend section 1, page 2, by deleting line 29 and inserting:
“local ordinance, or as a condition imposed as a part of the process for approving the project; or”.
Amend section 1, page 2, line 39, after “The” by inserting:
“local government or unit thereof determines that the appropriate local school district has been given an opportunity to review the project pursuant to NRS 278.346, if the provisions of that section are applicable.
(c) Except as otherwise provided in this subsection, the”.
Amend section 1, pages 2 and 3, by deleting lines 41 through 43 on page 2 and lines 1 through 3 on page 3, and inserting:
“control will be sufficient to support the project. A local government or unit thereof may approve a project with respect to which the capacities of roads, sources of water supply or facilities for wastewater and flood control will not be sufficient to support the project if the local government or unit thereof requires the person who proposes to develop the project to carry out appropriate measures of mitigation to reduce the impact of the project on those elements of infrastructure.
6. The provisions of this section do not apply with respect to real property that is subject to a development agreement with a local government if the development agreement became effective before the effective date of this act.”.
Amend section 1, page 3, line 4, by deleting “6.” and inserting “7.”.
Amend section 1, page 3, by deleting line 6 and inserting:
“(a) Final maps or planned unit developments of 500 units or more;”.
Amend the title of the bill to read as follows:
“AN ACT relating to land use; requiring a master plan to include a school facilities plan; requiring a person who proposes to develop a project of significant impact in the Las Vegas urban growth zone to submit an impact statement in certain circumstances; prohibiting a local governmental entity from approving such a project in certain circumstances; and providing other matters properly relating thereto.”.
Amend the summary of the bill, second line, by deleting “(BDR S‑34)” and inserting “(BDR 22‑34)”.
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. 192.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 1084.
Amend the bill as a whole by deleting sections 1 through 4, renumbering sections 5 and 6 as sections 2 and 3 and adding a new section designated section 1, following the enacting clause, to read as follows:
“Section 1. Chapter 116 of NRS is hereby amended by adding thereto a new section to read as follows:
1. An association of a planned community may not restrict, prohibit or otherwise impede the lawful residential use of any property that is within or encompassed by the boundaries of the planned community and that is not designated as part of the planned community.
2. Except as otherwise provided in this subsection, an association may not restrict the access of a person to any of his property. An association may restrict access to and from a unit within a planned community if the right to restrict such access was included in the declaration or in a separate recorded instrument at the time that the owner of the unit acquired title to the unit. The provisions of this subsection do not prohibit an association from charging the owner of the property a reasonable and nondiscriminatory fee to operate or maintain a gate or other similar device designed to control access to the planned community that would otherwise impede ingress or egress to the property.
3. An association may not expand, construct or situate a building or structure that is not part of any plat or plan of the planned community if the expansion, construction or situation of the building or structure was not previously disclosed to the units’ owners of the planned community unless the association obtains the written consent of a majority of the units’ owners and residents of the planned community who own property or reside within 500 feet of the proposed location of the building or structure.
4. The provisions of this section do not abrogate any easement, restrictive covenant, decision of a court, agreement of a party or any contract, governing document or declaration of covenants, conditions and restrictions, or any other decision, rule or regulation that a local governing body or other entity that makes decisions concerning land use or planning is authorized to make or enact that exists before October 1, 1999, including, without limitation, a zoning ordinance, permit or approval process or any other requirement of a local government or other entity that makes decisions concerning land use or planning.”.
Amend sec. 6, pages 2 and 3, by deleting lines 42 and 43 on page 2 and lines 1 through 7 on page 3, and inserting:
“3. Unless the terms of an easement in favor of an association prohibit a residential use of a servient estate, if the owner of the servient estate has obtained all necessary approvals required by law or any covenant, condition or restriction on the property, the owner may use such property in any manner authorized by law without obtaining any additional approval from the association. Nothing in this subsection authorizes an owner of a servient estate to impede the lawful and contractual use of the easement.
4. The provisions of subsection 3 do not abrogate any easement, restrictive covenant, decision of a court, agreement of a party or any ontract, governing document or declaration of covenants, conditions and restrictions, or any other decision, rule or regulation that a local governing body or other entity that makes decisions concerning land use or planning is authorized to make or enact that exists before October 1, 1999, including, without limitation, a zoning ordinance, permit or approval process or any other requirement of a local government or other entity that makes decisions concerning land use or planning.”.
Amend the bill as a whole by deleting sections 7 through 11.
Amend the bill as a whole by adding a preamble, immediately preceding the enacting clause, to read as follows:
“Whereas, Planned communities are a dominant method of residential development in the State of Nevada; and
Whereas, Planned communities are developed for the purposes of preserving neighborhood continuity and creating desirable places to reside; and
Whereas, Planned communities are governed by specific rules and regulations and by unit-owners’ associations; and
Whereas, A unit-owners’ association is the form of self-government closest to the people; and
Whereas, All forms of government should follow the basic principles of democracy found in the United States Constitution and the Nevada Constitution; and
Whereas, Some unit-owners’ associations in this state have a history of abuse of power; and
Whereas, Unit-owners’ associations have power over one of the most important aspects of a person’s life, his residence; and
Whereas, Homeowners invest financially and emotionally in their homes; and
Whereas, Homeowners have the right to reside in a community without fear of illegal, unfair, unnecessary, unduly burdensome or costly interference with their property rights; now, therefore,”.
Amend the title of the bill to read as follows:
“AN ACT relating to common-interest communities; enacting various provisions governing certain rights of an association with respect to certain property; making various other changes concerning common-interest communities; and providing other matters properly relating thereto.”.
Assemblywoman Buckley moved the adoption of the amendment.
Remarks by Assemblymen Buckley, Hettrick, Goldwater, Brower, McClain, Price, Beers, Gustavson, Parks, Collins, Von Tobel, Berman and Nolan.
Potential conflict of interest declared by
Assemblymen Hettrick, Cegavske Goldwater, Brower, McClain, Price, Beers,
Gustavson, Parks, Collins,
Von Tobel, Berman and Nolan.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Senate Bill No. 210.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 1039.
Amend sec. 13, page 2, line 27, by deleting “registered”.
Amend sec. 13, page 2, line 36, after “a” by inserting “clinical”.
Amend sec. 23, page 6, by deleting line 8, and inserting:
“(1) Licensed as a clinical social worker pursuant to chapter 641B of NRS;”.
Amend sec. 23, page 6, line 10, by deleting “641B” and inserting “641A”.
Amend sec. 23, page 6, line 11, by deleting “registered”.
Amend sec. 26, page 7, line 14, by deleting:
“in nursing or”.
Amend sec. 26, page 7, line 16, by deleting:
“in nursing or”.
Amend the bill as a whole by deleting sec. 45 and adding:
“Sec. 45. (Deleted by amendment.)”.
Amend the bill as a whole by deleting sec. 47 and adding:
“Sec. 47. (Deleted by amendment.)”.
Amend the bill as a whole by deleting sec. 49 and adding:
“Sec. 49. (Deleted by amendment.)”.
Amend sec. 54, page 20, by deleting lines 20 through 34 and inserting:
“divisions or other operating units except as otherwise provided by specific statute.
3. May employ, within the limits of legislative appropriations, such staff as is necessary [to] for the performance of the duties of the department.”.
Amend the bill as a whole by adding a new section designated sec. 57.5, following sec. 57, to read as follows:
“Sec. 57.5. NRS 458.010 is hereby amended to read as follows:
458.010 As used in NRS 458.010 to 458.350, inclusive, and sections 2 to 8, inclusive, of [this act,] Senate Bill No. 161 of this session, unless the context requires otherwise:
1. “Alcohol and drug abuse program” means a project concerned with education, prevention and treatment directed toward achieving the mental and physical restoration of alcohol and drug abusers.
2. “Alcohol and drug abuser” means a person whose consumption of alcohol or other drugs, or any combination thereof, interferes with or adversely affects his ability to function socially or economically.
3. “Alcoholic” means any person who habitually uses alcoholic beverages to the extent that he endangers the health, safety or welfare of himself or any other person or group of persons.
4. “Bureau” means the bureau of alcohol and drug abuse in the rehabilitation division of the department.
5. “Chief” means the chief of the bureau.
6. “Civil protective custody” means a custodial placement of a person for the purpose of protecting his health or safety. Civil protective custody does not have any criminal implication.
7. “Department” means the department of employment, training and rehabilitation.
8. “Detoxification technician” means a person who is certified by the bureau to provide screening for the safe withdrawal from alcohol and other drugs.
9. “Director” means the director of the department.
[9.] 10. “Facility” means a physical structure used for the education, prevention and treatment, including mental and physical restoration, of alcohol and drug abusers.
[10.] 11. “Halfway house for alcohol and drug abusers” means a residence that provides housing and a living environment for alcohol and drug abusers and is operated to facilitate their reintegration into the community, but does not provide treatment for alcohol or drug abuse. The term does not include a facility for the treatment of abuse of alcohol or drugs as defined in NRS 449.00455.”.
Amend sec. 58, page 23, by deleting lines 10 through 24 and inserting:
“3. Shall develop and publish standards of certification and may certify or deny certification of [any] operators of halfway houses for alcohol and drug abusers, halfway houses for alcohol and drug abusers, detoxification technicians or any facilities[, programs or personnel] or programs on the basis of the standards, and publish a list of certified operators of halfway houses for alcohol and drug abusers, halfway houses for alcohol and drug abusers, detoxification technicians, facilities[, programs and personnel. Any facilities, programs or personnel]and programs. Any operators of halfway houses for alcohol and drug abusers, halfway houses for alcohol and drug abusers, detoxification technicians, facilities or programs which are not certified are ineligible to receive state and federal money for alcohol and drug abuse programs. The chief:
(a) Shall establish the requirements for continuing education for persons certified as [counselors and administrators of the programs;] detoxification technicians; and
(b) May set fees for the certification of operators of halfway houses for alcohol and drug abusers, halfway houses for alcohol and drug abusers, detoxification technicians, facilities[, programs or personnel.] or programs. The fees must be calculated to produce the revenue estimated to cover the costs related to the certifications, but in no case may the fee for a certificate exceed the actual cost to the bureau of issuing the certificate.
4. Upon request from a facility which is self-supported, may certify the facility, its programs and [personnel] detoxification technicians and add them to the list [of certified facilities, programs and personnel.] described in subsection 3.”.
Amend the bill as a whole by adding new sections designated sections 58.2 through 58.6, following sec. 58, to read as follows:
“Sec. 58.2. NRS 458.026 is hereby amended to read as follows:
458.026 1. An applicant for the issuance or renewal of his certification as [personnel of an alcohol or drug abuse program or a facility,] a detoxification technician or as the operator of a halfway house for alcohol and drug abusers[,] shall submit to the bureau the statement prescribed by the welfare division of the department of human resources pursuant to NRS 425.520. The statement must be completed and signed by the applicant.
2. The bureau shall include the statement required pursuant to subsection 1 in:
(a) The application or any other forms that must be submitted for the issuance or renewal of the certification; or
(b) A separate form prescribed by the bureau.
3. The certification of a person as [personnel of an alcohol or drug abuse program or a facility,]a detoxification technician or as the operator of a halfway house for alcohol and drug abusers[,] may not be issued or renewed by the bureau if the applicant:
(a) Fails to complete or submit the statement required pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the administrator shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.
Sec. 58.4. NRS 458.027 is hereby amended to read as follows:
458.027 1. If the bureau receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who has been certified as [personnel of an alcohol and drug abuse program or a facility,]a detoxification technician or as the operator of a halfway house for alcohol and drug abusers, the bureau shall deem the certification to be suspended at the end of the 30th day after the date on which the court order was issued unless the bureau receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person who has been certified stating that the person has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
2. The bureau shall reinstate the certification of a person as [personnel of an alcohol and drug abuse program or a facility,]a detoxification technician or as the operator of a halfway house for alcohol and drug abusers, that has been suspended by a district court pursuant to NRS 425.540 if the bureau receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the personwhose certification was suspended stating that the personwhose certification was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
Sec. 58.6. NRS 458.028 is hereby amended to read as follows:
458.028 An application for the certification of [personnel of an alcohol and drug abuse program or a facility,]a detoxification technician or as the operator of a halfway house for alcohol and drug abusers, must include the social security number of the applicant.”.
Amend sec. 61, page 23, by deleting lines 37 and 38 and inserting:
“administrative supervision by the administrator of the rehabilitation division of the department.
2. Subject to the approval of the administrator of the rehabilitation division of the department, appoint such technical,”.
Amend sec. 73, page 31, by deleting lines 1 through 5, and inserting:
“(1) Licensed as a clinical social worker pursuant to chapter 641B of NRS;
(2) Licensed as a marriage and family therapist pursuant to chapter 641A of NRS; or
(3) A nurse who is licensed pursuant to chapter 632”.
Amend sec. 75, page 32, line 8, by deleting:
“in nursing or”.
Amend sec. 75, page 32, line 11, by deleting:
“in nursing or”.
Amend the bill as a whole by adding a new section designated section 77.5, following sec. 77, to read as follows:
“Sec. 77.5. Section 9 of Senate Bill No. 161 of this session is hereby amended to read as follows:
Sec. 9. NRS 458.010 is hereby amended to read as follows:
458.010 As used in NRS 458.010 to 458.350, inclusive, and sections 2 to 8, inclusive, of this act, unless the context requires otherwise:
1. “Alcohol and drug abuse program” means a project concerned with education, prevention and treatment directed toward achieving the mental and physical restoration of alcohol and drug abusers.
2. “Alcohol and drug abuser” means a person whose consumption of alcohol or other drugs, or any combination thereof, interferes with or adversely affects his ability to function socially or economically.
3. “Alcoholic” means any person who habitually uses alcoholic beverages to the extent that he endangers the health, safety or welfare of himself or any other person or group of persons.
4. “Bureau” means the bureau of alcohol and drug abuse in the rehabilitation division of the department.
5. “Chief” means the chief of the bureau.
6. “Civil protective custody” means a custodial placement of a person for the purpose of protecting his health or safety. Civil protective custody does not have any criminal implication.
7. “Department” means the department of employment, training and rehabilitation.
8. “Director” means the director of the department.
9. “Facility” means a physical structure used for the education, prevention and treatment, including mental and physical restoration, of alcohol and drug abusers.
10. “Halfway house for alcohol and drug abusers” means a residence that provides housing and a living environment for alcohol and drug abusers and is operated to facilitate their reintegration into the community, but does not provide treatment for alcohol or drug abuse. The term does not include a facility for the treatment of abuse of alcohol or drugs as defined in NRS 449.00455.
Amend sec. 78, page 33, by deleting line 20 and inserting:
“Sec. 78. NRS 458.360 is hereby”.
Amend sec. 79, page 33, line 26, by deleting “January” and inserting “July”.
Amend sec. 80, page 33, line 31, by deleting “January” and inserting “July”.
Amend sec. 80, page 34, line 9, by deleting “January” and inserting “July”.
Amend sec. 84, page 34, line 40, after “1 to” by inserting:
“57, inclusive, 59 to”.
Amend sec. 84, page 34, between lines 41 and 42, by inserting:
“2. Sections 57.5 to 58.6, inclusive, of this act become effective on July 1, 2001.”.
Amend sec. 84, page 34, line 42, by deleting “2.” and inserting “3.”.
Amend sec. 84, page 35, line 10, by deleting “3.” and inserting “4.”.
Amend the bill as a whole by deleting the leadlines of repealed sections and adding the text of the repealed section to read as follows:
“
TEXT OF REPEALED SECTION
458.360 1. No person may hold himself out to the public as an alcohol and drug abuse counselor, employ or use the title “alcohol and drug abuse counselor,” “substance abuse counselor” or any similar title in connection with his work, or in any way imply that he is a certified alcohol and drug abuse counselor without being certified as a counselor by the bureau.
2. If the bureau believes from satisfactory evidence presented to it that any person has violated or is about to violate the provisions of subsection 1, it may bring an action in a court of competent jurisdiction to enjoin that person from engaging in or continuing the violation. Such an injunction:
(a) May be issued without proof of actual damage sustained by any person.
(b) Does not preclude criminal prosecution and punishment of a violator.
3. Any person who violates the provisions of subsection 1 is guilty of a misdemeanor.”.
Assemblywoman Buckley moved the adoption of the amendment.
Remarks by Assemblywoman Buckley.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Senate Bill No. 282.
Bill read second time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 1031.
Amend the bill as a whole by renumbering sections 2 and 3 as sections 3 and 4 and adding a new section designated sec. 2, following section 1, to read as follows:
“Sec. 2. Section 54 of chapter 473, Statutes of Nevada 1997, at page 1784, is hereby amended to read as follows:
For the fiscal year 1997-1998 $130,000
For the fiscal year 1998-1999 [$85,000] $96,500
2. The examinations purchased and administered by the department of education must be:
(a) Purchased from the same vendor from whom the 4th and 8th grade examinations are purchased; and
(b) The version of the examination that is administered to pupils in the 4th and 8th grades which is appropriate for administration in the 10th grade.
3. The sums appropriated by subsection 1 are available for either fiscal year. Any balance remaining of those sums must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon all payments of money committed have been made.”.
Amend sec. 2, page 1, line 15, by deleting “$48,200” and inserting “$36,700”.
Assemblyman Arberry moved the adoption of the amendment.
Remarks by Assemblyman Arberry.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 292.
Bill read second time and ordered to third reading.
Senate Bill No. 302.
Assemblywoman Chowning moved that Senate Bill No. 302 be taken from the Second Reading File and placed on the Chief Clerk's desk.
Remarks by Assemblywoman Chowning.
Motion carried.
Senate Bill No. 312.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 839.
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 241.015 is hereby amended to read as follows:
241.015 As used in this chapter, unless the context otherwise requires:
1. “Action” means:
(a) A decision made by a majority of the members present during a meeting of a public body;
(b) A commitment or promise made by a majority of the members present during a meeting of a public body; or
(c) A vote taken by a majority of the members present during a meeting of a public body.
2. “Meeting” means the gathering of members of a public body at which a quorum is present to deliberate toward a decision or to take action on any matter over which the public body has supervision, control, jurisdiction or advisory power.
3. Except as otherwise provided in this subsection, “public body” means [any] :
(a) Any administrative, advisory, executive or legislative body of the state or a local government which expends or disburses or is supported in whole or in part by tax revenue or which advises or makes recommendations to any entity which expends or disburses or is supported in whole or in part by tax revenue, including, but not limited to, any board, commission, committee, subcommittee or other subsidiary thereof and includes an educational foundation as defined in subsection 3 of NRS 388.750 and a university foundation as defined in subsection 3 of NRS 396.405[.] ; and
(b) Except as otherwise provided by specific statute, a corporation or limited-liability company if the corporation or limited-liability company receives more than 10 percent of its operating budget from an entity described in paragraph (a) in the form of grants or contributions of money derived from tax revenues, and the entity has the right to appoint a voting member to the governing board of the corporation or limited-liability company. As used in this paragraph, the phrase “grants or contributions of money derived from tax revenues” does not include money received as payment for membership dues or as payment for goods or services pursuant to a written agreement with the entity.
“Public body” does not include the legislature of the State of Nevada.
4. “Quorum” means a simple majority of the constituent membership of a public body or another proportion established by law.”.
Amend the title of the bill, first line, after “bodies;” by inserting:
“expanding the definition of public body to include certain corporations and limited-liability companies;”.
Amend the summary of the bill to read as follows:
“SUMMARY—Makes various changes relating to meetings of public bodies. (BDR 19‑312)”.
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. 322.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 1008.
Amend sec. 6, page 2, by deleting lines 42 and 43, and inserting:
“completing a form for registration provided by the division.”.
Amend sec. 6, page 3, by deleting lines 2 and 3, and inserting:
“division annually on a form provided by the division.”.
Amend the bill as a whole by deleting sec. 9 and renumbering sections 10 through 13 as sections 9 through 12.
Amend the title of the bill, third line, by deleting:
“and pay a fee for registration;” and inserting a semicolon.
Assemblywoman Buckley moved the adoption of the amendment.
Remarks by Assemblywoman Buckley.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Senate Bill No. 323.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 1059.
Amend sec. 3, page 1, line 11, by deleting “that” and inserting “that:”.
Amend sec. 3, pages 1 and 2, by deleting line 12 on page 1 and lines 1 through 28 on page 2 and inserting:
“(a) The manufactured home:
(1) Be permanently affixed to a residential lot;
(2) Be manufactured within the 5 years immediately preceding the date on which it is affixed to the residential lot;
(3) Have exterior siding and roofing which is similar in color, material and appearance to the exterior siding and roofing primarily used on other single-family residential dwellings in the immediate vicinity of the manufactured home, as established by the governing body;
(4) Consist of more than one section; and
(5) Consist of at least 1,200 square feet of living area unless the governing body, by administrative variance or other expedited procedure established by the governing body, approves a lesser amount of square footage based on the size or configuration of the lot or the square footage of single-family residential dwellings in the immediate vicinity of the manufactured home; and
(b) If the manufactured home has an elevated foundation, the foundation is masked architecturally in a manner determined by the governing body.”.
Amend sec. 3, page 2, by deleting line 35 and inserting:
“housing, including, without limitation, the use of manufactured homes for affordable housing.”.
Amend sec. 3, page 2, by deleting line 37 and inserting:
“restrictive covenant prohibiting manufactured homes nor do the provisions apply within the boundaries of a historic district established pursuant to NRS 384.005 or 384.100. An application to place a manufactured home on a residential lot pursuant to this section constitutes an attestation by the owner of the lot that the placement complies with all covenants, conditions and restrictions placed on the lot and that the lot is not located within a historic district.”.
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. 375.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 982.
Amend section 1, page 2, line 6, by deleting “$100,000.” and inserting “$10,000.”.
Amend sec. 2, page 2, by deleting line 15 and inserting:
“(d)
Willful breach orwillfulinducement of a breach of a duty to
maintain secrecy [,”.
Amend sec. 2, page 2, by deleting line 17 and inserting:
“(e) Willful breach or willful inducement of a breach of a duty imposed by common”.
Amend sec. 2, page 3, line 7, after “procedure” by inserting:
“, computer programming instruction”.
Assemblywoman Buckley moved the adoption of the amendment.
Remarks by Assemblywoman Buckley.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Senate Bill No. 404.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 871.
Amend the bill as a whole by deleting section 1, renumbering sections 2 and 3 as sections 5 and 6 and adding new sections designated sections 1 through 4, following the enacting clause, to read as follows:
“Section 1. Chapter 287 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. Except as otherwise provided in subsection 3, the surviving spouse and any surviving child of a police officer or fireman who was:
(a) Employed by a public agency that had established group insurance or medical and hospital service pursuant to NRS 287.010, 287.020 or 287.025; and
(b) Killed in the line of duty,
may elect to accept or continue coverage under that group insurance or medical and hospital service if the police officer or fireman was a participant or would have been eligible to participate in the group insurance or medical and hospital service on the date of the death of the police officer or fireman. If the surviving spouse or child elects to accept coverage under the group insurance or medical and hospital service in which the police officer or fireman would have been eligible to participate or to discontinue coverage under the group insurance or medical and hospital service in which the police officer or fireman was a participant, the spouse, child or legal guardian of the child must notify in writing the public agency that employed the police officer or fireman within 60 days after the date of death of the police officer or fireman.
2. The public agency that employed the police officer or fireman shall pay the entire cost of the premiums or contributions for the group insurance or medical and hospital service for the surviving spouse or child who meets the requirements set forth in subsection 1.
3. A surviving spouse is eligible to receive coverage pursuant to this section for the duration of the life of the surviving spouse. A surviving child is eligible to receive coverage pursuant to this section until the child reaches:
(a) The age of 18 years; or
(b) The age of 23 years, if the child is enrolled as a full-time student in an accredited university, college or trade school.
4. As used in this section “police officer” has the meaning ascribed to it in NRS 617.135.
Sec. 3. 1. Except as otherwise provided in subsection 4, the surviving spouse and any surviving child of a police officer or fireman who was employed by a participating public agency and who was killed in the line of duty may join or continue coverage under the state’s program of group insurance if the police officer or fireman was a participant or would have been eligible to participate on the date of the death of the police officer or fireman. If the surviving spouse or child elects to join or discontinue coverage under the state’s program of group insurance pursuant to this subsection, the spouse, child or legal guardian of the child must notify in writing the participating public agency that employed the police officer or fireman within 60 days after the date of death of the police officer or fireman.
2. Except as otherwise provided in subsection 4, the surviving spouse and any surviving child of a volunteer fireman who was killed in the line of duty and who was officially a member of a volunteer fire department in this state is eligible to join the state’s program of group insurance. If such a spouse or child elects to join the state’s program of group insurance, the spouse, child or legal guardian of the child must notify in writing the committee on benefits within 60 days after the date of death of the volunteer fireman.
3. The participating public agency that employed the police officer or fireman shall pay the entire cost of the premiums or contributions for the state’s program of group insurance for the surviving spouse or child who meets the requirements set forth in subsection 1. The State of Nevada shall pay the entire cost of the premiums or contributions for the state’s program of group insurance for the surviving spouse or child who elects to join the state’s program of group insurance pursuant to subsection 2.
4. A surviving spouse is eligible to receive coverage pursuant to this section for the duration of the life of the surviving spouse. A surviving child is eligible to receive coverage pursuant to this section until the child reaches:
(a) The age of 18 years; or
(b) The age of 23 years, if the child is enrolled as a full-time student in an accredited university, college or trade school.
5. As used in this section “police officer” has the meaning ascribed to it in NRS 617.135.
Sec. 4. NRS 287.040 is hereby amended to read as follows:
287.040 The provisions of NRS 287.010 to 287.040, inclusive, and section 2 of this act, do not make it compulsory upon any governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada to , except as otherwise provided in section 2 of this act, make any contributions for the payment of any premiums or other costs for group insurance or medical or hospital services, or upon any officer or employee of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of this state to accept or join any plan of group insurance or to assign his wages or salary or to authorize deductions from his wages or salary in payment of premiums therefor.”.
Amend sec. 2, page 2, line 36, by deleting “section 1” and inserting:
“sections 2 and 3”.
Amend sec. 3, page 3, line 21, by deleting “section 1” and inserting:
“sections 2 and 3”.
Amend the title of the bill by deleting the first and second lines and inserting:
“AN ACT relating to programs for public employees; providing for coverage under certain programs of group insurance or other medical or hospital service without charge for the surviving spouse”.
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.
Senate Bill No. 423.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 1007.
Amend section 1, page 1, line 2, by deleting:
“2, 3 and 4” and inserting:
“2 and 3”.
Amend sec. 3, page 2, by deleting lines 10 and 11 and inserting:
“Sec. 3. 1. The board, by regulation:
(a) Shall establish a program to provide educational requirements for an applicant for a contractor’s license; and
(b) May establish a program to provide continuing education for licensed contractors.
Any program established pursuant to this subsection must include instruction in compliance with applicable building codes, the provisions of chapter 624 of NRS and any regulations adopted pursuant thereto and laws related to mechanics’ and materialmen’s liens.”.
Amend sec. 3, page 2, line 12, by deleting “1” and inserting “1:”.
Amend sec. 3, page 2, by deleting lines 13 through 15 and inserting:
“(a) Must require an applicant for a contractor’s license to comply with the educational requirements as a prerequisite for the issuance of a contractor’s license by the board; and
(b) May require a licensed contractor to comply with the requirements for continuing education as a prerequisite for the renewal of his license by the board.”.
Amend the bill as a whole by deleting sections 4 through 6, renumbering sections 7 through 9 as sections 5 through 7 and adding a new section designated sec. 4, following sec. 3, to read as follows:
“Sec. 4. NRS 624.050 is hereby amended to read as follows:
624.050 1. [Six]Threemembers of the board must each:
(a) At the time of appointment, hold an unexpired license to operate as a general engineering contractor or a general buildingcontractor.
(b) Be a contractor actively engaged in the contracting business and must have been so engaged for not less than 5 years preceding the date of his appointment.
(c) Have been a citizen and resident of the State of Nevada for at least 5 years next preceding his appointment.
2. Three members of the board must each:
(a) At the time of appointment, hold an unexpired license to operate as a specialty contractor.
(b) Be a contractor actively engaged in the contracting business and must have been so engaged for not less than 5 years preceding the date of his appointment.
(c) Have been a citizen and resident of the State of Nevada for at least 5 years next preceding his appointment.
3. One member of the board must be a representative of the general public.
4. Each member serves a term of 4 years or until his successor is appointed.
5. A member of the board may not serve more than two consecutive terms of any length.”.
Amend the bill as a whole by deleting sec. 10 and renumbering sections 11 and 12 as sections 8 and 9.
Amend sec. 11, page 8, line 37, by deleting
“[and]”
and inserting “and”.
Amend sec. 11, page 8, line 38, by deleting “NRS” and inserting “NRS.”.
Amend sec. 11, page 8, by deleting lines 39 through 41.
Amend sec. 12, page 9, line 18, by deleting:
“An owner of”.
Amend sec. 12, page 9, by deleting lines 19 through 21.
Amend the bill as a whole by deleting sections 13 through 15, renumbering sec. 16 as sec. 11 and adding a new section designated sec. 10, following sec. 12, to read as follows:
“Sec. 10. Chapter 278 of NRS is hereby amended by adding thereto the provisions set forth as sections 11 and 12 of this act.”.
Amend sec. 16, page 11, by deleting lines 18 through 20 and inserting:
“Sec. 11. 1. In a county whose population is 100,000 or more, each certificate”.
Amend sec. 16, page 11, line 21, after “be issued” by inserting:
“at the time of final inspection”.
Amend sec. 16, page 12, line 8, by deleting “before” and inserting “at”.
Amend sec. 16, page 12, between lines 13 and 14, by inserting:
“5. A certificate of occupancy issued pursuant to the provisions of subsection 1 may not be used as evidence that the construction is in actual compliance with applicable building codes or that the construction meets the minimum standards of the industry:
(a) In a proceeding pursuant to chapter 624 of NRS; or
(b) In a civil action.”.
Amend the bill as a whole by renumbering sec. 17 as sec. 14 and adding new sections designated sections 12 and 13, following sec. 16, to read as follows:
“Sec. 12. A city or county building inspector shall send monthly to the state contractors’ board a list that identifies any person to whom a building permit was issued during the preceding month. If a building officer of a local government has reason to believe that a person is acting as a contractor without the appropriate license, the building officer shall notify the board in writing of the suspected violation. Upon receipt of such a notice, the board shall conduct an investigation to determine whether any action may be taken against the person.
Sec. 13. 1. Except as otherwise provided in subsection 2, the terms of office of all members of the board expire upon the commencement of the terms of their successors appointed pursuant to subsection 3. A member of the board may be appointed to succeed himself if he meets the requirements set forth in NRS 624.050 as amended by this act.
2. The contractor on the board whose term expires on October 30, 2000, and the representative of the general public on the board whose term expires on October 30, 2000, shall serve out the remainder of their terms.
3. Notwithstanding the provisions of subsection 4 of NRS 624.050 as amended by this act, on or before October 31, 1999, the governor shall, pursuant to subsections 1, 2 and 3 of NRS 624.050 as amended by this act, appoint to the state contractors’ board:
(a) Two members who are general engineering contractors or general building contractors and one member who is a specialty contractor whose initial terms expire on October 30, 2002; and
(b) Two members who are specialty contractors whose initial terms expire on October 30, 2004.
4. For the purposes of subsection 5 of NRS 624.050 as amended by this act, the term of office of each member of the board that expires after October 30, 2000, shall be deemed the first term of office for that member.”.
Amend the bill as a whole by adding a new section designated sec. 15, following sec. 17, to read as follows:
“Sec. 15. 1. This section, sections 1, 2, 4 to 9, inclusive, and 11 to 14, inclusive, of this act become effective on October 1, 1999.
2. Sections 3 and 10 of this act become effective on July 1, 2000.”.
Amend the title of the bill to read as follows:
“AN ACT relating to construction; requiring the governing body of a city or county to notify the state contractors’ board if a contractor has violated a provision of any building code adopted by the governing body under certain circumstances; requiring the state contractors’ board to establish a program to provide educational requirements for an applicant for a contractor’s license and continuing education for licensed contractors; changing the membership of the state contractors’ board; lengthening the time that a contractor must be licensed in this state before he may be relieved by the state contractors’ board from filing a bond or establishing a cash deposit under certain circumstances; shortening the period during which certain licenses may be reinstated; authorizing the state contractors’ board to require a licensee to file an additional bond under certain circumstances; requiring certain certificates of occupancy in certain circumstances; and providing other matters properly relating thereto.”.
Assemblywoman Buckley moved the adoption of the amendment.
Remarks by Assemblywoman Buckley.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Senate Bill No. 436.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 898.
Amend the bill as a whole by renumbering sections 1 through 15 as sections 3 through 17 and adding new sections designated sections 1 and 2, following the enacting clause, to read as follows:
“Section 1. NRS 350.002 is hereby amended to read as follows:
350.002 1. There is hereby created in each county whose population is 400,000 or more, a debt management commission, to be composed of:
(a) Three representatives of the board of county commissioners from its membership;
(b) One representative of each governing body of the five largest incorporated cities in the county from its membership;
(c) One representative of the board of trustees of the county school district from its membership; and
(d) Two representatives of the public at large.
2. There is hereby created in each county whose population is less than 400,000,a debt management commission, to be composed of one representative of the county, one representative of the school district and the following additional representatives:
(a) In each suchcounty which contains more than one incorporated city:
(1) One representative of the city in which the county seat is located;
(2) One representative of the other incorporated cities jointly; and
(3) One representative of the public at large.
(b) In each suchcounty which contains one incorporated city:
(1) One representative of the incorporated city; and
(2) Two representatives of the public at large.
(c) In each suchcounty which contains no incorporated city, one representative of the public at large.
(d) In each such county which contains one or more general improvement districts, one representative of the district or districts jointly and one additional representative of the public at large.
[2.]3. In Carson City, there is hereby created a debt management commission, to be composed of one representative of the board of supervisors, one representative of the school district and three representatives of the public at large. The representative of the board of supervisors and the representative of the school district shall select the representatives of the public at large, and for that purpose only, constitute a quorum of the debt management commission. Members of the commission serve for a term of 2 years beginning on January 1, or until their successors are chosen.
[3. Each]
4. Except as otherwise provided in subsection 1, eachrepresentative of a single local government must be chosen by its governing body. Each representative of two or more local governments must be chosen by their governing bodies jointly, each governing body having one vote. Each representative of the general improvement districts must be chosen by their governing bodies jointly, each governing body having one vote. Each representative of the public at large must be chosen by the other members of the commission from residents of the county, or Carson City, as the case may be, who have a knowledge of its financial structure. A tie vote must be resolved by lot.
[4. Members]
5. Except as otherwise provided in this subsection, members of the commission or their successors must be chosen in January of each odd-numbered year and hold office for a term of 2 years beginning January 1 . [, except the] The representatives of incorporated cities[, who] must be chosen after elections are held in the cities , but before the annual meeting of the commission in July.
[5.] The term of a representative who serves pursuant to paragraph (a), (b) or (c) of subsection 1 is coterminous with the term of his elected office, unless the public entity that appointed him revokes his appointment.
6. Any vacancy must be filled in the same manner as the original choice was made for the remainder of the unexpired term.
Sec. 2. NRS 350.003 is hereby amended to read as follows:
350.003 1. The commission shall meet during the month of February of each year, to organize by selecting a chairman and vice chairman.In a county whose population is 400,000 or more, the chairman must be one of the representatives of the board of county commissioners.The county clerk is ex officio the secretary of the commission.
2. In addition to the organizational meeting, each commission shall meet annually in July of each year and at the call of the chairman whenever business is presented, as provided in NRS 350.004 and 350.005.
3. In conjunction with the meetings required by subsections 1 and 2, the commission in a county whose population:
(a) Is 100,000 or more but less than 400,000, shall meet each calendar quarter.
(b) Is 400,000 or more, shall meet each month.
The meetings required by this subsection must be scheduled at each annual meeting in July.
4. Except as otherwise provided in subsection [2]3of NRS 350.002, a majority of the members constitutes a quorum for all purposes.”.
Amend section 1, page 1, line 1, by deleting:
“2 to 14,” and inserting:
“4 to 16,”.
Amend section 1, page 1, lines 2 and 3, by deleting:
“2, 3 and 4” and inserting:
“4, 5 and 6”.
Amend sec. 3, page 1, line 7, by deleting “5” and inserting “7”.
Amend sec. 4. page 1, line 9, by deleting “12” and inserting “14”.
Amend sec. 5, page 1, by deleting line 12 and inserting:
“North Las Vegas, the City of Henderson, Boulder City and the Clark County School District.”.
Amend sec. 6, page 1, line 13, by deleting “9” and inserting “10”.
Amend sec. 6, page 2, line 4, by deleting “and”.
Amend sec. 6, page 2, by deleting line 6 and inserting:
“membership; and
(f) One member appointed by the Board of Trustees of the Clark County School District from its membership.”.
Amend sec. 6, page 2, line 10, after “4.” by inserting:
“If a member fails to attend three consecutive meetings or fails to attend five meetings during a calendar year, his appointment is automatically revoked.
5.”.
Amend sec. 7, page 2, line 17, by deleting:
“at least once each calendar quarter” and inserting “each month”.
Amend sec. 11, page 3, by deleting lines 2 and 3.
Amend sec. 11, page 3, line 4, by deleting “2.” and inserting “1.”.
Amend sec. 11, page 3, line 7, by deleting “3.” and inserting “2.”.
Amend sec. 12, page 3, line 10, after “Clark County” by inserting:
“, the Superintendent of the Clark County School District,”.
Amend sec. 12, page 3, by deleting line 12 and inserting:
“City, or the appointee of such an entity who is an employee of the entity, is hereby created to provide”.
Amend sec. 15, page 5, by deleting line 24 and inserting:
“Sec. 17. 1. This section and sections 3 through 16 of this act become effective on July 1, 1999.
2. Sections 1 and 2 of this act become effective on January 1, 2000.”.
Amend the title of the bill, first line, after “planning;” by inserting:
“revising the composition of the debt management commission in certain counties;”.
Amend the summary of the bill to read as follows:
“SUMMARY—Makes various changes relating to regional planning. (BDR 30‑1588)”.
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. 478.
Bill read second time.
The following amendment was proposed by the Committee on Elections, Procedures, and Ethics:
Amendment No. 1019.
Amend the bill as a whole by adding a new section designated sec. 3.5, following sec. 3, to read as follows:
“Sec. 3.5. “Vexatious” means lacking justification and intended to harass.”.
Amend sec. 5, page 2, line 2, by deleting:
“and commission counsel”.
Amend sec. 5, page 2, by deleting lines 7 through 9 and inserting:
“3. The executive director is in the”.
Amend sec. 5, page 2, by deleting lines 11 and 12 and inserting:
“4. The executive director shall devote his entire time and”.
Amend sec. 5, page 2, line 15, by deleting “their” and inserting “his”.
Amend sec. 5, page 2, by deleting line 16 and inserting:
“5. The executive director may not:”.
Amend sec. 6, page 2, lines 26 and 27, by deleting:
“281.511, 294A.345 or 294A.346.” and inserting “281.511.”.
Amend sec. 9, page 4, lines 24 and 25, by deleting:
“2, 3 and 4” and inserting:
“2 to 4, inclusive,”.
Amend sec. 11, page 5, lines 18 and 19, by deleting:
“294A.345 or 294A.346,” and inserting:
“[294A.345 or 294A.346,]”.
Amend sec. 12, page 5, lines 36 and 37, by deleting:
“of:
(a) This” and inserting:
“of [:
(a) This]
this”.
Amend sec.
12, page 5, line 39, by deleting “(1)”
and inserting “[(1)]
(a)”.
Amend sec. 12, pages 5 and 6, by deleting lines 40 through 43 on page 5 and lines 1 and 2 on page 6, and inserting:
“[(2)
A determination of the commission on its]
(b) The commission’s own motion . [ that there is just and sufficient cause to render an opinion concerning the conduct of that public officer or employee or former public officer or employee.
(b) NRS 294A.345 or 294A.346 in any proceeding commenced by the filing of a request for an opinion pursuant thereto.]”.
Amend sec. 12, page 6, line 3, by deleting:
“of paragraph (a)” and inserting:
“[of paragraph (a)]”.
Amend sec. 13, page 6, by deleting lines 13 and 14 and inserting:
“1. Adopt procedural regulations [to]
:
(a) To facilitate the receipt of inquiries by the commission;
(b) For the filing of a request for an opinion with the commission;
(c) For the withdrawal of a request for an opinion by the person who filed the request; and
(d)
To facilitate the prompt rendition of [its opinions.]
opinions by the commission.”.
Amend sec. 13, page 6, line 17, by deleting:
“and public employees”.
Amend sec. 14, page 7, by deleting line 40 and inserting:
“[4.
Except as otherwise provided in this
subsection, upon]
6. Upon such a”.
Amend sec. 14, page 8, by deleting lines 2 through 6 and inserting:
“papers before the commission. [If the witness has been
subpoenaed by the commission in response to a request for an opinion filed
pursuant to NRS 294A.345 or 294A.346, the court shall direct the witness to
appear before the court as expeditiously as possible to allow the commission to
render its opinion within the time required by NRS 281.477.]
A certified copy of the”.
Amend the bill as a whole by adding a new section designated sec. 14.5, following sec. 14, to read as follows:
“Sec. 14.5. NRS 281.481 is hereby amended to read as follows:
281.481 A code of ethical standards is hereby established to govern the conduct of public officers and employees:
1. A public officer or employee shall not seek or accept any gift, service, favor, employment, engagement, emolument or economic opportunity which would tend improperly to influence a reasonable person in his position to depart from the faithful and impartial discharge of his public duties.
2. A public officer or employee shall not use his position in government to secure or grant unwarranted privileges, preferences, exemptions or advantages for himself, any member of his household, any business entity in which he has a significant pecuniary interest, or any other person. As used in this subsection, “unwarranted” means without justification or adequate reason.
3. A public officer or employee shall not participate as an agent of government in the negotiation or execution of a contract between the government and any private business in which he has a significant pecuniary interest.
4. A public officer or employee shall not accept any salary, retainer, augmentation, expense allowance or other compensation from any private source for the performance of his duties as a public officer or employee.
5. If a public officer or employee acquires, through his public duties or relationships, any information which by law or practice is not at the time available to people generally, he shall not use the information to further the pecuniary interests of himself or any other person or business entity.
6. A public officer or employee shall not suppress any governmental report or other document because it might tend to affect unfavorably his pecuniary interests.
7. A public officer or employee, other than a member of the legislature, shall not use governmental time, property, equipment or other facility to benefit his personal or financial interest. This subsection does not prohibit:
(a) A limited use of governmental property, equipment or other facility for personal purposes if:
(1) The public officer who is responsible for and has authority to authorize the use of such property, equipment or other facility has established a policy allowing the use or the use is necessary as a result of emergency circumstances;
(2) The use does not interfere with the performance of his public duties;
(3) The cost or value related to the use is nominal; and
(4) The use does not create the appearance of impropriety;
(b) The use of mailing lists, computer data or other information lawfully obtained from a governmental agency which is available to members of the general public for nongovernmental purposes; or
(c) The use of telephones or other means of communication if there is not a special charge for that use.
If a governmental agency incurs a cost as a result of a use that is authorized pursuant to this subsection or would ordinarily charge a member of the general public for the use, the public officer or employee shall promptly reimburse the cost or pay the charge to the governmental agency.
8. A member of the legislature shall not:
(a) Use governmental time, property, equipment or other facility for a nongovernmental purpose or for the private benefit of himself or any other person. This paragraph does not prohibit:
(1) A limited use of state property and resources for personal purposes if:
(I) The use does not interfere with the performance of his public duties;
(II) The cost or value related to the use is nominal; and
(III) The use does not create the appearance of impropriety;
(2) The use of mailing lists, computer data or other information lawfully obtained from a governmental agency which is available to members of the general public for nongovernmental purposes; or
(3) The use of telephones or other means of communication if there is not a special charge for that use.
(b) Require or authorize a legislative employee, while on duty, to perform personal services or assist in a private activity, except:
(1) In unusual and infrequent situations where the employee’s service is reasonably necessary to permit the legislator or legislative employee to perform his official duties; or
(2) Where such service has otherwise been established as legislative policy.
9. A public officer or employee shall not attempt to benefit his personal or financial interest through the influence of a subordinate.
10. A public officer or employee shall not seek other employment or contracts through the use of his official position.”.
Amend sec. 15, page 9, by deleting lines 25 and 26 and inserting:
“committee.”.
Amend sec. 15, pages 9 and 10, by deleting lines 40 through 42 on page 9 and lines 1 through 12 on page 10.
Amend sec. 16, page 11, by deleting lines 2 and 3 and inserting:
“a vexatious purpose . [or
in connection with a request for an opinion that the commission determines to
be without merit.]”.
Amend the bill as a whole by adding a new section designated sec. 16.5, following sec. 16, to read as follows:
“Sec. 16.5. NRS 281.521 is hereby amended to read as follows:
281.521 1. The commission’s opinions may include guidance to a public officer or employee on questions whether:
(a) A conflict exists between his personal interest and his official duty.
(b) His official duties involve the use of discretionary judgment whose exercise in the particular matter would have a significant effect upon the disposition of the matter.
(c) The conflict would materially affect the independence of the judgment of a reasonable person in his situation.
(d) He possesses special knowledge which is an indispensable asset of his public agency and is needed by it to reach a sound decision.
(e) It would be appropriate for him to withdraw or abstain from participation, disclose the nature of his conflicting personal interest or pursue some other designated course of action in the matter.
2. [Except as otherwise provided in NRS 281.477, 294A.345 and 294A.346, the] The commission’s opinions may not include guidance to a public officer or employee on questions regarding the provisions of chapter 294A of NRS.”.
Amend sec. 17, page 14, line 25, by deleting:
“[attorney general] commission counsel”
and inserting:
“attorney general shall assign an attorney employed by the office of the attorney general to serve as commission counsel. The commission counsel”.
Amend sec. 17, page 14, line 26, by deleting:
“For each opinion [he] ,”
and inserting:
“The commission counsel shall devote his entire time
and attention to the business of the commission and shall not pursue any other
business or occupation or hold any other office of profit that detracts from
the full and timely performance of his duties. Any opinion rendered by the
office of the attorney general regarding the Nevada Ethics in Government Law,
NRS 281.411 to 281.581, inclusive, must be rendered by the commission counsel
subject to the review of the commission. For each opinion [he]
of the commission,”.
Amend sec. 18, page 15, by deleting lines 23 through 31 and inserting:
“4. [Except as otherwise
provided in this subsection, and in addition to any other penalty provided by
law, the commission may impose on any person who violates any provision of NRS
294A.345 or 294A.346 a civil penalty not to exceed $10,000. If the commission
finds that a violation of NRS 294A.345 or 294A.346 occurred within 10 days
before an election, including any recall or special election, the commission
may impose on the person who committed such a violation a civil penalty not to
exceed $30,000.
5.] If the commission finds that [a]
:”.
Amend sec. 18,
page 15, line 37, before “(b)” by inserting “[6.]”.
Amend sec. 18, page 16, line 1, by deleting “6.” and inserting “5.”.
Amend sec. 18, page 16, by deleting lines 12 and 13 and inserting:
“by the commission . [to
the public officer or employee.
7.]
6. In addition to
other penalties provided by law, a public employee”.
Amend sec. 18,
page 16, line 18, by deleting “8.” and inserting “[8.]
7.”.
Amend sec. 18, page 16, by deleting line 21 and inserting:
“employees.
[9.]
If the commission finds that a public officer or employee has”.
Amend sec. 18, page 16, by deleting lines 27 and 28 and inserting:
“8. The imposition of a civil penalty
pursuant to [subsections
1 to 4, inclusive,] subsection 1, 2 or 3 is a final
decision for the purposes of judicial review.”.
Amend sec. 18,
page 16, line 29, by deleting “10.” and inserting “[10.]
9.”.
Amend sec. 18, page 17, line 5, by deleting “11.” and inserting “10.”.
Amend sec. 19, page 18, by deleting lines 2 through 5 and inserting:
“this section is guilty of a gross misdemeanor and, upon conviction, forfeits the amount of the honorarium.”.
Amend sec. 19.5, page 18, by deleting lines 7 and 8 and inserting:
“281.581 1. A candidate or public”.
Amend sec. 19.5,
page 18, line 13, by deleting “[1.]
(a)” and inserting “(a)”.
Amend sec. 19.5,
page 18, line 15, by deleting “[2.]
(b)” and inserting “(b)”.
Amend sec. 19.5,
page 18, line 18, by deleting “[3.]
(c)” and inserting “(c)”.
Amend sec. 19.5,
page 18, line 19, by deleting “[The]”.
Amend sec. 19.5, page 18, by deleting line 20 and inserting:
“2. The commission may, for good cause shown, waive or reduce the civil penalty.
3. The civil penalty must be recovered”.
Amend sec. 19.5, page 18, by deleting lines 24 and 25 and inserting:
“4. If the”.
Amend sec. 19.5, page 18, line 26, by deleting “this subsection,” and inserting “subsection 2,”.
Amend the bill as a whole by deleting sections 22 and 23 and adding new sections designated sections 22 and 23, following sec. 21, to read as follows:
“Sec. 22. NRS 218.926 is hereby amended to read as follows:
218.926 1. Each registrant shall file with the director within 30 days after the close of the legislative session a final report signed under penalty of perjury concerning his lobbying activities. In addition, each registrant shall file with the director between the 1st and 10th day of the month after each month that the legislature is in session a report concerning his lobbying activities during the previous month, whether or not any expenditures were made. Each report must be on a form prescribed by the director and must include the total of all expenditures, if any, made by the registrant on behalf of the governor, a legislator or an organization whose primary purpose is to provide support for legislators of a particular political party and house, including expenditures made by others on behalf of the registrant if the expenditures were made with the registrant’s express or implied consent or were ratified by the registrant. Except as otherwise provided in subsection 4, the report must identify each legislator and each organization whose primary purpose is to provide support for legislators of a particular political party and house on whose behalf expenditures were made , must identify the governor if expenditures were made on behalf of the governor, and must be itemized with respect to each such legislator and organization[.] and, if applicable, the governor. An expenditure on behalf of a person other than the governor, a legislator or an organization whose primary purpose is to provide support for legislators of a particular political party and house need not be reported pursuant to this section unless the expenditure is made for the benefit of the governor, a legislator or such an organization.
2. If expenditures made by or on behalf of a registrant during the previous month exceed $50, the report must include a compilation of expenditures, itemized in the manner required by the regulations of the legislative commission, in the following categories:
(a) Entertainment;
(b) Expenditures made in connection with a party or similar event hosted by the organization represented by the registrant;
(c) Gifts and loans, including money, services and anything of value provided to the governor, to a legislator, to an organization whose primary purpose is to provide support for legislators of a particular political party and house, or to any other person for the benefit of the governor, a legislator or such an organization; and
(d) Other expenditures directly associated with legislative action, not including personal expenditures for food, lodging and travel expenses or membership dues.
3. The legislative commission may authorize an audit or investigation by the legislative auditor that is proper and necessary to verify compliance with the provisions of this section. A lobbyist shall make available to the legislative auditor all books, accounts, claims, reports, vouchers and other records requested by the legislative auditor in connection with any such audit or investigation. The legislative auditor shall confine his requests for such records to those which specifically relate to the lobbyist’s compliance with the reporting requirements of this section.
4. A report filed pursuant to this section must not itemize with respect to the governor and each legislator an expenditure if the expenditure is the cost of a function to which every legislator was invited. For the purposes of this subsection, “function” means a party, meal or other social event.
Sec. 23. NRS 294A.410 is hereby amended to read as follows:
294A.410 1. [Except as otherwise provided in NRS 294A.345 and 294A.346, if]If it appears that the provisions of this chapter have been violated, the secretary of state may:
(a) Conduct an investigation concerning the alleged violation and cause the appropriate proceedings to be instituted and prosecuted in the first judicial district court; or
(b) Refer the alleged violation to the attorney general. The attorney general shall investigate the alleged violation and institute and prosecute the appropriate proceedings in the first judicial district court without delay.
2. A person who believes that any provision of this chapter has been violated may notify the secretary of state, in writing, of the alleged violation. The notice must be signed by the person alleging the violation and include any information in support of the alleged violation.”.
Amend the bill as a whole by renumbering sec. 25 as sec. 26 and adding a new section designated sec. 25, following sec. 24, to read as follows:
“Sec. 25. NRS 281.477, 294A.345 and 294A.346 are hereby repealed.”.
Amend sec. 25, page 22, line 11, by deleting “1999.” and inserting:
“1999, or to the jurisdiction, duties, powers or proceedings of the commission on ethics relating to such conduct.”.
Amend the bill as a whole by adding a new section designated sec. 27, and the text of the repealed sections, following sec. 25, to read as follows:
“Sec. 27. Section 19.5 of this act becomes effective at 12:01 a.m. on October 1, 1999.
TEXT OF REPEALED SECTIONS
281.477 Public hearing on request for opinion as to whether person committed act to impede success of political campaign: Request; notice; response; continuance; actions of commission; judicial review of final opinion.
1. If a request for an opinion is filed with the commission pursuant to NRS 294A.345 or 294A.346, the commission shall conduct a public hearing on the request. Except as otherwise provided in subsection 6, the hearing must be held as expeditiously as possible, but not later than 15 days after the receipt of the request for the opinion.
2. Such a request must be accompanied by all evidence and arguments to be offered by the requester concerning the issues related to the request. Except as otherwise provided in this subsection, if such evidence and arguments are not submitted with the request, the commission may:
(a) Draw any conclusions it deems appropriate from the failure of the person or group of persons requesting the opinion to submit the evidence and arguments, other than a conclusion that a person alleged to have violated NRS 294A.345 acted with actual malice; and
(b) Decline to render an opinion.
The provisions of this subsection do not prohibit the commission from considering evidence or arguments presented by the requester after submission of the request for an opinion if the commission determines that consideration of such evidence or arguments is in the interest of justice.
3. The commission shall immediately notify any person alleged to have violated NRS 294A.345 or 294A.346 that such an opinion has been requested by the most expedient means possible. If notice is given orally by telephone or in any other manner, a second notice must be given in writing no later than the next calendar day by facsimile machine or overnight mail. The notice must include the time and place of the commission’s hearing on the matter.
4. A person notified pursuant to subsection 3 shall submit a response to the commission no later than at the close of business on the second business day following the receipt of the notice. The response must be accompanied by any evidence concerning the issues related to the request that the person has in his possession or may obtain without undue financial hardship. Except as otherwise provided in this subsection, if such evidence is not submitted within that time, the commission may:
(a) Draw any conclusions it deems appropriate from the failure of that person to submit the evidence and argument; and
(b) Prohibit that person from responding and presenting evidence at the hearing.
The provisions of this subsection do not prohibit the commission from allowing that person to respond and present evidence or arguments, or both, after the close of business on the second business day if the commission determines that consideration of such evidence or arguments is in the interest of justice.
5. Except as otherwise provided in subsection 4, the commission shall allow any person alleged to have violated NRS 294A.345 or 294A.346 to:
(a) Be represented by counsel; and
(b) Hear the evidence presented to the commission and respond and present evidence on his own behalf.
6. At the request of:
(a) The person or group of persons that filed the request for the opinion pursuant to NRS 294A.345 or 294A.346; or
(b) The person alleged to have violated the provisions of NRS 294A.345 or 294A.346,
the commission may grant a continuance of a hearing held pursuant to the provisions of this section upon a showing of the existence of extraordinary circumstances that would prohibit the commission from rendering a fair and impartial opinion. A continuance may be granted for not more than 15 days. Not more than one continuance may be granted by the commission pursuant to this subsection.
7. The person or group of persons that filed the request for the opinion pursuant to NRS 294A.345 or 294A.346 has the burden of proving the elements of the offense, including that a person alleged to have violated NRS 294A.345 acted with actual malice. The existence of actual malice may not be presumed. A final opinion of the commission rendered pursuant to this section must be supported by clear and convincing evidence.
8. The commission shall render its opinion, or decline to render an opinion, as expeditiously as possible, but not later than 3 days after the date of the hearing. If additional time is required to determine the state of mind or the intent of the person alleged to have violated the provisions of NRS 294A.345 or 294A.346 or to determine the amount of any civil penalty that may be imposed pursuant to NRS 281.551, the commission may continue its jurisdiction to investigate those issues but shall render its opinion as to the truth or falsity of the statement made concerning the candidate or the ballot question or its opinion as to whether the person impeded the success of the campaign or induced another person to impede the success of the campaign. If the commission continues its jurisdiction pursuant to this subsection, it may render a final opinion after the time set forth in this subsection.
9. A final opinion of the commission rendered pursuant to this section is subject to judicial review pursuant to NRS 233B.130. The district court shall give a petition for judicial review of a final opinion of the commission priority over other civil matters that are not expressly given priority by law. Notwithstanding the provisions of NRS 233B.130, the court may provide for such expedited review of the final opinion, including shortened periods for filing documents, as it deems appropriate for the circumstances.
10. Each request for an opinion filed pursuant to NRS 294A.345 or 294A.346, each opinion rendered by the commission pursuant thereto and any motion, evidence or record of a hearing relating to the request are public and must be open to inspection pursuant to NRS 239.010.
11. For the purposes of NRS 41.032, the members of the commission and its employees shall be deemed to be exercising or performing a discretionary function or duty when taking any action related to the rendering of an opinion pursuant to this section.
12. Except as otherwise provided in this section, a meeting or hearing held by the commission to carry out the provisions of this section and the commission’s deliberations on the information or evidence are not subject to any provision of chapter 241 of NRS.
294A.345 Causing publication of certain false statements of fact concerning candidate or ballot question during campaign prohibited; civil penalty imposed by commission on ethics.
1. A person shall not, with actual malice and the intent to impede the success of the campaign of a candidate, cause to be published a false statement of fact concerning the candidate, including, without limitation, statements concerning:
(a) The education or training of the candidate.
(b) The profession or occupation of the candidate.
(c) Whether the candidate committed, was indicted for committing or was convicted of committing a felony or other crime involving moral turpitude, dishonesty or corruption.
(d) Whether the candidate has received treatment for a mental illness.
(e) Whether the candidate was disciplined while serving in the military or was dishonorably discharged from service in the military.
(f) Whether another person endorses or opposes the candidate.
(g) The record of voting of a candidate if he formerly served or currently serves as a public officer.
2. A person shall not, with actual malice and the intent to impede the success of a campaign for the passage or defeat of a question on the ballot at any election, including any recall or special election, cause to be published a false statement of fact concerning the question on the ballot.
3. Any candidate who alleges that a false statement of fact concerning the candidate has been published in violation of subsection 1, and any person or group of persons that advocates the passage or defeat of a question on the ballot at any election, is required to file a report pursuant to NRS 294A.150, and alleges that a false statement of fact has been published in violation of subsection 2, may file a request for an opinion with the commission on ethics pursuant to NRS 281.411 to 281.581, inclusive, and NRS 281.477. The commission shall give priority to such a request over all other matters pending with the commission.
4. A person who violates the provisions of this section is subject to a civil penalty that may be imposed by the commission on ethics pursuant to NRS 281.551.
5. As used in this section:
(a) “Actual malice” means knowledge of the falsity of a statement or reckless disregard for whether a statement is true or false.
(b) “Publish” means the act of printing, posting, broadcasting, mailing, speaking or otherwise disseminating.
294A.346 Impeding success or inducing another to impede success of campaign of candidate or for ballot question prohibited; civil penalty imposed by commission on ethics.
1. An employee, agent or volunteer of the campaign of a candidate shall not willfully perform any act in the course of his employment, agency or volunteering that impedes the success of that campaign.
2. A person shall not willfully, to impede the success of the campaign of a candidate, offer or give an item of value to:
(a) A person to induce him to obtain a position as an employee, agent or volunteer for that campaign and perform any act in the course of his employment, agency or volunteering to impede the success of that campaign; or
(b) An employee, agent or volunteer for that campaign to induce him to perform any act in the course of his employment, agency or volunteering to impede the success of that campaign.
3. An employee, agent or volunteer of a campaign for the passage or defeat of a question on the ballot at any election, including any recall or special election, shall not willfully perform any act in the course of his employment, agency or volunteering that impedes the success of that campaign.
4. A person shall not willfully, to impede the success of a campaign for the passage or defeat of a question on the ballot at any election, including any recall or special election, offer or give an item of value to:
(a) A person to induce him to obtain a position as an employee, agent or volunteer for that campaign and perform any act in the course of his employment, agency or volunteering to impede the success of that campaign; or
(b) An employee, agent or volunteer for that campaign to induce him to perform any act in the course of his employment, agency or volunteering to impede the success of that campaign.
5. Any candidate who alleges that a person has violated the provisions of subsection 1 or 2, and any person or group of persons that advocates the passage or defeat of a question on the ballot at any election, is required to file a report pursuant to NRS 294A.150, and alleges that a person has violated the provisions of subsection 3 or 4, may file a request for an opinion with the commission on ethics pursuant to NRS 281.411 to 281.581, inclusive, and 281.477. The commission shall give priority to such a request over all matters pending with the commission.
6. A person who violates the provisions of this section is subject to a civil penalty that may be imposed by the commission on ethics pursuant to NRS 281.551.”.
Amend the title of the bill by deleting the second line and inserting:
“director and providing his duties; requiring the attorney general to assign a commission counsel to the commission and providing his duties; requiring lobbyists to report expenditures on behalf of the governor; repealing the provision prohibiting a person from making a false statement of fact concerning a candidate or a question on a ballot under certain circumstances; repealing the provision prohibiting certain persons from willfully impeding the success of the campaign of a candidate or the campaign for the passage or defeat of a question on a ballot; clarifying the intent”.
Assemblywoman Giunchigliani moved the adoption of the amendment.
Remarks by Assemblywoman Giunchigliani.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Senate Bill No. 500.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 918.
Amend sec. 4, page 1, line 10, after “and” by inserting:
“an agency or”.
Amend sec. 5, page 1, line 14, by deleting “agency;” and inserting:
“agency or the State of Nevada;”.
Amend the bill as a whole by adding a new section designated sec. 10.5, following sec. 10, to read as follows:
“Sec. 10.5. 1. Except as otherwise provided in subsection 2, an agency may request the state controller, in writing, to act as the collection agent for the agency. Such a request must include the circumstances in which the state controller may act as the collection agent for the agency.
2. The provisions of this section do not apply to:
(a) The department of taxation;
(b) The employment security division of the department of employment, training and rehabilitation;
(c) The Nevada gaming commission;
(d) The division of industrial relations of the department of business and industry;
(e) The department of motor vehicles and public safety; and
(f) The state industrial insurance system.”.
Amend sec. 12, page 2, by deleting line 19 and inserting:
“Sec. 12. The state controller and the”.
Amend sec. 13, page 2, line 25, by deleting:
“director of the department of administration” and inserting “state controller”.
Amend sec. 23, page 7, by deleting lines 32 through 41 and inserting:
“Sec. 23. 1. If the state controller and attorney general determine that it is impractical to collect a debt, the state controller shall designate the debt as a bad debt. A debt that has been designated as a bad debt pursuant to this subsection may be removed from the records and books of account of the agency to which the debt is owed or the State of Nevada, as appropriate, except that a bad debt that is so removed remains a legal and binding obligation owed by the debtor to the agency or the State of Nevada, as appropriate.”.
Amend sec. 23, page 7, line 42, by deleting “3.” and inserting “2.”.
Amend sec. 23, page 7, line 43, by deleting “canceled” and inserting:
“designated as bad debts”.
Amend sec. 23, page 8, line 3, by deleting “canceled,” and inserting:
“removed from the records and books of account of the agency or the State of Nevada,”.
Amend sec. 25, page 8, by deleting lines 35 through 37 and inserting:
(c)] Except as otherwise provided in subsection 3, withhold from the”.
Amend sec. 25, page 8, line 41, by deleting “(c)” and inserting “[(c)] (b)”.
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. 546.
Bill read second time and ordered to third reading.
Senate Bill No. 547.
Bill read second time and ordered to third reading.
REPORTS OF COMMITTEES
Mr. Speaker:
Your Committee on Taxation, to which was referred Senate Bill No. 476, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend,
and do pass as amended.
David E. Goldwater, Chairman
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Perkins moved that Senate Bill No. 476 be placed on the Second Reading File.
Motion carried.
SECOND READING AND AMENDMENT
Senate Bill No. 476.
Bill read second time.
The following amendment was proposed by the Committee on Taxation:
Amendment No. 981.
Amend section 1, page 1, line 2, by deleting “[,]” and inserting:
“, section 1 of Assembly Bill No. 275 ofthis [act,]session”.
Amend section 1, pages 1 and 2, by deleting lines 8 through 15 on page 1 and lines 1 through 15 on page 2, and inserting:
“2. Any levy imposed by the legislature for the repayment of bonded indebtedness or the operating expenses of the State of Nevada and any levy imposed by the board of county commissioners pursuant to NRS 387.195 that is in excess of 50 cents on each $100 of assessed valuation of taxable property within the county must not be included in calculating the limitation set forth in subsection 1 on the total ad valorem tax levied within the boundaries of the county, city or unincorporated town, if, in a county whose population is 25,000 or less, or in a city or unincorporated town located within that county:
(a) The combined tax rate certified by the Nevada tax commission was at least $3.50 on each $100 of assessed valuation on June 25, 1998;
(b) The governing body of that county, city or unincorporated town proposes to its registered voters an additional levy ad valorem above the total ad valorem tax levy for all public purposes set forth in subsection 1;
(c) The proposal specifies the amount of money to be derived, the purpose for which it is to be expended and the duration of the levy; and
(d) The proposal is approved by a majority of the voters voting on the question at a general election or a special election called for that purpose.
3. The duration of the additional levy ad valorem levied pursuant to subsection 2 must not exceed 5 years. The governing body of the county, city or unincorporated town may discontinue the levy before it expires and may not thereafter reimpose it in whole or in part without following the procedure required for its original imposition set forth in subsection 2.
4. A special election may be held pursuant to subsection 2 only if the governing body of the county, city or unincorporated town determines, by a unanimous vote, that an emergency exists. The determination made by the governing body is conclusive unless it is shown that the governing body acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the governing body must be commenced within 15 days after the governing body’s determination is final. As used in this subsection, “emergency” means any unexpected occurrence or combination of occurrences which requires immediate action by the governing body of the county, city or unincorporated town to prevent or mitigate a substantial financial loss to the county, city or unincorporated town or to enable the governing body to provide an essential service to the residents of the county, city or unincorporated town.”.
Amend the title of the bill to read as follows:
“AN ACT relating to taxation; exempting certain ad valorem tax levies in certain counties from the limitation on the total ad valorem tax levy for all public purposes under certain circumstances; requiring the publication of a notice if the highest combined tax rate in the county exceeds a certain level; and providing other maters properly relating thereto.”.
Assemblyman Goldwater moved the adoption of the amendment.
Remarks by Assemblyman Goldwater.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
UNFINISHED BUSINESS
Appointment of Conference Committees
Mr. Speaker appointed Assemblymen Manendo, Parks and Hettrick as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Assembly Bill No. 477.
general file and third reading
Senate Joint Resolution No. 1.
Resolution read third time.
Remarks by Assemblyman de Braga.
Roll call on Senate Joint Resolution No. 1:
Yeas—40.
Nays—None.
Not Voting—Angle.
Excused—Evans.
Senate Joint Resolution No. 1 having received a constitutional majority, Mr. Speaker declared it passed.
Resolution ordered transmitted to the Senate.
Senate Joint Resolution No. 10.
Resolution read third time.
Remarks by Assemblyman Marvel.
Roll call on Senate Joint Resolution No. 10:
Yeas—40.
Nays—None.
Not Voting—Angle.
Excused—Evans.
Senate Joint Resolution No. 10 having received a constitutional majority, Mr. Speaker declared it passed.
Resolution ordered transmitted to the Senate.
Senate Joint Resolution No. 12.
Resolution read third time.
Remarks by Assemblyman Carpenter.
Roll call on Senate Joint Resolution No. 12:
Yeas—40.
Nays—None.
Not Voting—Angle.
Excused—Evans.
Senate Joint Resolution No. 12 having received a constitutional majority, Mr. Speaker declared it passed.
Resolution ordered transmitted to the Senate.
Assembly Joint Resolution No. 25.
Resolution read third time.
Remarks by Assemblywoman Chowning.
Roll call on Assembly Joint Resolution No. 25:
Yeas—41.
Nays—None.
Excused—Evans.
Assembly Joint Resolution No. 25 having received a constitutional majority, Mr. Speaker declared it passed.
Resolution ordered transmitted to the Senate.
Assembly Joint Resolution No. 26.
Resolution read third time.
Remarks by Assemblywoman Giunchigliani.
Roll call on Assembly Joint Resolution No. 26:
Yeas—41.
Nays—None.
Excused—Evans.
Assembly Joint Resolution No. 26 having received a constitutional majority, Mr. Speaker declared it passed.
Resolution ordered transmitted to the Senate.
Senate Bill No. 74.
Bill read third time.
Remarks by Assemblywoman Segerblom.
Roll call on Senate Bill No. 74:
Yeas—41.
Nays—None.
Excused—Evans.
Senate Bill No. 74 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 132.
Bill read third time.
Remarks by Assemblymen Nolan and Perkins.
Potential conflict of interest declared by Assemblyman Perkins.
Roll call on Senate Bill No. 132:
Yeas—41.
Nays—None.
Excused—Evans.
Senate Bill No. 132 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 133.
Bill read third time.
Remarks by Assemblymen Parks and Bache.
Roll call on Senate Bill No. 133:
Yeas—37.
Nays—Bache, Claborn, Giunchigliani, Parnell—4.
Excused—Evans.
Senate Bill No. 133 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 144.
Bill read third time.
Remarks by Assemblymen Bache and Collins.
Potential conflict of interest declared by Assemblymen Collins and Lee.
Assemblyman Bache requested that the following letter of intent remarks be entered into the Journal.
April 27, 1999
To: Chairman Bache
Assembly Government Affairs
From: Renny Ashleman and Richard Piel
The enclosed is a consensus on the intent of SB 144 as amended and understood by the proponents and opponents of the bill. Please enter this note into the record of the committee and, if you choose, on the Assembly floor session if your committee agrees with this bill or a version thereof. There will be parties presenting amendments today. With one exception, they are intended to clarify LCB language. The exception would make it clear that this bill does not apply to contracts entered into before the effective date of the act: October 1, 1999.
To: Senator O’Connell
Chairman, Senate Government Affairs
From: Renny Ashleman
April 15, 1999
A copy of these remarks should be entered into the record to create legislative history. This is important to both sides.
This bill as a whole is designed to insure prompt pay for contractors and subcontractors on public projects. A majority of the states currently have such legislation. Proponents claim that the bill is needed and will reduce overall government contract costs.
Opponents question the need but believe that they can make this into a workable situation.
It amends Chapter 338 which governs public works projects.
Sections 1-12 are self-explanatory definitions for the purpose of the act.
Section 12.3 allows submission of a progress bill monthly or more frequently if the contract so provides. It is intended that the public body may require submission by a certain date so that it can have time to meet and authorize payment, i.e. it can require submission 25 days in advance of a commission meeting, etc.
Section 12.5 removed NDOT from this bill. It has its own regulation under NRS 408.
Section 13 requires the payment of interest on retention.
Section 14 describes the circumstances which trigger the payment of retention, that is, occupying all or part of a public work of filing a notice of completion. If part is occupied, retention is paid pro rata on the occupied part.
Section 15 is the heart of the bill. It provides:
1. That a public body may withhold money to pay expenses it reasonably expects to incur as a result of the failure of the contractor to comply with the contract or applicable building code, law or regulation.
The contract includes all accompanying documents.
2. The public body must within 20 days after receiving a progress bill or retainage bill give a detailed notice of any portion it will not pay, including a specific explanation of which provision or section of the contract or any documents related thereto or the applicable building code, law or regulation with which thecontractor has failed to comply.
It is not the duty of the public body to tell the contractor how to fix the problem. It is their duty to tell them what is not in compliance. (Note: the contractor has the obligation to figure out how to fix the problem. If the governmental body had that obligation, they would be taking on a contractual burden that belongs to the contractor and would be liable for not telling the contractor how to fix something he should have done right in the first place.)
3. Once the public body receives a notice that the item is fixed it must pay within 30 days of the next progress or retainage bill.
The public body, of course, is free to object to the correction and require further correction and withhold a reasonable amount of that correction.
Section 16 and 17 are omitted.
Section 18: If the public body does not timely pay or object, it is to pay the entire amount, plus interest, from the 30th day. The interest is set by NRS 338.160.
Section 19 will assist subcontractors and suppliers with the situation where the public body has paid the contractor, but the contractor is claiming that he has not been paid. Within five working days, a public body is to tell subcontractors and suppliers whether it has paid, what it has paid, and if it has not paid the amount withheld.
Section 20 applies the same rules of payment to the contractor-subcontractor relationship that govern public body payments in section 15, except time is shortened to 10 days since the contractor does not have to inspect the work and file objections, etc.
Section 21 mirrors section 18, but applies to the contractor and the sub.
Section 22 mirrors section 19 as far as supplying information goes.
Section 23-27 carry out the same mirroring
or step down provisions for the
sub-sub and his suppliers.
Section 27.3 limits releases and waivers to those where actual payment is made and limits them to the invoiced matter in the progress payment or retainage of the current contract. This prevents this payment from being leveraged in a different dispute.
Section 27.5 is another critical section. The public bodies desired to preserve their arbitration right and their right as owners and as a governmental body to be free from second guessing by the courts on correction notices on a job in progress. It allows a writ of mandamus only if the governmental body has failed to pay an undisputed amount or has failed to explain its non payment or give requested information in a timely manner.
If one of the above has happened, the court may award the appropriate amount, costs, and attorney fees.
So long as the dispute is confined to the sections 14-19, the court may issue an alternate writ of mandate on non discretionary acts. In such a case, the court need not defer to arbitration. This exception is intended to force the public body to take the actions mandated by this law as far as timely payment, notice of objection or response to written requests for information are concerned. All other matters are to be litigated or arbitrated in the usual manner.
The public body may, by contract, provide for the payment of attorney’s fees.
Section 28 allows the subcontractor or supplier to ask for an order to show cause why they should not be paid the amount they believe to be appropriate. This order to show cause has short deadlines and is intended to force prompt payment between the contractor and the subcontractors and suppliers. It is broader and more preemptory than the contractor-public body sections because the issue of the correctness of the work would ordinarily be settled between the public body and the contractor. The contractor is, of course, protected if the public body has not paid him.
Any other civil action must be consolidated. Other rights and remedies provided by law or contract are preserved.
Section 30 states how notices are to be served and prohibits waiver of the provisions of this law. The testimony was that the sub, suppliers, and, occasionally, contractors, do not have sufficient bargaining power to protect their rights.
Section 31 was deleted.
Section 32 and 33 allow a court or arbitrator, as the case may be, to hear cases in the regular manner and to award costs and attorney’s fees. It contains additional language to protect the right to enter into a contractual arbitration agreement.
Section 34 is a technical amendment.
Section 35 requires payment within 30 days or sooner if so agreed and further requires that supplies, materials, and equipment that have been identified in the contract and delivered as specified in the contract that were specifically made or in short supply shall be paid for in 30 days.
This provision alleviates a common situation where a supplier, etc., has to wait for completion of a public work although their part is satisfactorily done. It does not prevent the public body from safeguarding itself from improperly delivered or supplied items.
Section 36 is Section 35 as applied to suppliers and subs.
Section 37 governs retainage between the contractor and sub.
Section 38 makes it clear that subcontractors and suppliers do not obtain any relationship with the public body as a result of this act and that no third party liability is created on their behalf.
Subsection 2 preserves the right of arbitration, except for the narrow right of mandate as discussed earlier and the right to sue for prompt payment between the contract and subcontractors or suppliers.
Roll call on Senate Bill No. 144:
Yeas—41.
Nays—None.
Excused—Evans.
Senate Bill No. 144 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Mr. Speaker announced that if there were no objections, the Assembly would recess subject to the call of the Chair.
Assembly in recess at 1:15 p.m.
ASSEMBLY IN SESSION
At 1:52 p.m.
Mr. Speaker presiding.
Quorum present.
REPORTS OF COMMITTEES
Mr. Speaker:
Your Committee on Taxation, to which was referred Senate Bill No. 477, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
David E. Goldwater, Chairman
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Perkins moved that Senate Bill No. 477 be placed on the Second Reading File.
Motion carried.
REPORTS OF COMMITTEES
Mr. Speaker:
Your Committee on Government Affairs, to which was referred Senate Bill No. 530, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Douglas A. Bache, Chairman
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Perkins moved that Senate Bill No. 530 be placed on the Second Reading File.
Motion carried.
SECOND READING AND AMENDMENT
Senate Bill No. 477.
Bill read second time.
The following amendment was proposed by the Committee on Taxation:
Amendment No. 1062.
Amend section 1, page 1, line 15, by deleting “the” and inserting “a”.
Amend section 1, page 1, line 16, by deleting “inclusive.” and inserting:
“inclusive, in which a 1 percent tax is imposed on the gross receipts from the rental of transient lodging for railroad grade separation projects.”.
Amend section 1, page 2, line 2, by deleting “the” and inserting “a”.
Amend section 1, page 2, by deleting line 3 and inserting:
“inclusive, in which a 1 percent tax is imposed on the gross receipts from the rental of transient lodging for railroad grade separation projects.”.
Amend section 1, page 2, line 14, by deleting “subsection” and inserting:
“subsections 1 and”.
Amend sec. 2, page 2, line 23, by deleting “incorporated” and inserting “unincorporated”.
Amend sec. 2, page 2, line 24, by deleting “the” and inserting “a”.
Amend sec. 2, page 2, by deleting lines 25 through 31 and inserting:
“described in NRS 268.780 to 268.785, inclusive, in which a 1 percent tax is imposed on the gross receipts from the rental of transient lodging for railroad grade separation projects; and
(b) All of the proceeds collected in a district described in NRS 268.780 to 268.785, inclusive, in which a 1 percent tax is imposed on the gross receipts from the rental of transient lodging for railroad grade separation projects,
must be used by the Reno/Sparks Convention and Visitors Authority to reconstruct, expand, improve, equip, operate and maintain the Reno/Sparks Convention Center, including, but not limited to, parking and facilities ancillary to the Reno/Sparks Convention Center and the acquisition of real property and other appurtenances therefor. The Reno/Sparks Convention and Visitors Authority may irrevocably pledge and use any money received from the proceeds of the tax pursuant to this subsection, together with the proceeds of other tax revenues and facilities revenues received by the Reno/Sparks Convention and Visitors Authority legally available therefor, for the payment of general and special obligations issued for the purpose of reconstructing, expanding, improving and equipping the Reno/Sparks Convention Center, including, but not limited to, parking and facilities ancillary to the Reno/Sparks Convention Center and the acquisition of real property and other appurtenances therefor.
2. From the remaining one-third of the proceeds collected in the area described in subparagraphs (1) and (2) of paragraph (a) of subsection 1, the sum of $1,500,000 and, beginning June 1, 2000, and”.
Amend sec. 2, page 2, line 41, by deleting “7” and inserting “6”.
Amend sec. 2, page 2, line 43, by deleting “7” and inserting “6”.
Amend sec. 2, page 3, by deleting line 2 and inserting:
“NRS 279.619, be used to acquire, establish, construct, expand and equip such projects, and to pay the principal and interest on notes, bonds or”.
Amend sec. 2, page 3, by deleting lines 6 through 9 and inserting:
“3. From the remaining one-third of the proceeds collected in the area described in subparagraphs (1) and (2) of paragraph (a) of subsection 1, if any, after the amount described in subsection 2 is set aside for use pursuant to that subsection, the amounts set forth in this subsection must be paid to the City Council of the City of Sparks on the dates set forth in this subsection to be used by the City”.
Amend sec. 2, page 3, line 11, after “for the” by inserting “operation and”.
Amend sec. 2, page 3, by deleting lines 26 and 27 and inserting:
“4. The remainder of the one-third of the proceeds collected in the area described in subparagraphs (1) and (2) of paragraph (a) of subsection 1, if any, after the amounts described in subsections 2 and 3 are set aside for use pursuant to those”.
Amend sec. 2, page 3, by deleting line 30 and inserting:
“reconstruct, expand, improve, equip, operate and maintain the Reno/Sparks Convention Center, including, but not limited to, parking and facilities ancillary to the Reno/Sparks Convention Center and the acquisition of real property and other appurtenances therefor and the payment of general and special obligations issued for those purposes.”.
Amend sec. 3, page 4, line 5, after “which” by inserting:
“is imposed pursuant to section 1 of this act or which”.
Amend sec. 3, page 4, line 6, after “law” by inserting:
“before March 1, 1999,”.
Amend sec. 3, page 4, line 9, by deleting “purpose.” and inserting:
“purpose,
or that the Reno/Sparks Convention and Visitors Authority expends for or pledges to notes, bonds or other obligations payable from the rental of transient lodging which are issued by or on behalf of the Reno/Sparks Convention and Visitors Authority.”.
Amend the bill as a whole by deleting sec. 4 and renumbering sections 5 through 10 as sections 4 through 9.
Amend sec. 6, page 5, by deleting line 9 and inserting:
“outside a district described in NRS 268.780 to 268.785, inclusive, in which a 1 percent tax is imposed on the gross receipts from the rental of transient lodging for railroad grade separation projects, and”.
Amend sec. 6, page 5, line 15, by deleting “in the” and inserting “in a”.
Amend sec. 6, page 5, line 16, by deleting “inclusive.” and inserting:
“inclusive, in which a 1 percent tax is imposed on the gross receipts from the rental of transient lodging for railroad grade separation projects.”.
Amend sec. 7, page 5, by deleting lines 38 and 39 and inserting:
“(b) Located in a district described in NRS 268.780 to 268.785, inclusive, in which a 1 percent tax is imposed on the gross receipts from the rental of transient lodging for railroad grade separation projects.”.
Amend sec. 9, page 7, by deleting lines 13 and 14 and inserting:
“collection of the taxes imposed and authorized by”.
Amend the title of the bill by deleting the sixth through eighth lines and inserting:
“to pay certain costs related to the promotion of tourism; imposing certain requirements with”.
Assemblyman Goldwater moved the adoption of the amendment.
Remarks by Assemblymen Goldwater and Anderson.
Amendment adopted.
The following amendment was proposed by Assemblywoman Freeman:
Amendment No. 1034.
Amend section 1, page 2, line 16, after “3.” by inserting:
“All decisions, and any deliberations leading to those decisions, that are made by any body, including, without limitation, the Reno/Sparks Convention and Visitors Authority, the Truckee Meadows Tourism Facility and Revitalization Steering Committee and the Sparks Tourism and Marketing Committee, concerning the expenditure, commitment or other use of money derived from the proceeds of the tax imposed pursuant to this section must be made at a public meeting that complies with the provisions of Chapter 241 of NRS, whether or not the body is determined to be a public body to which that chapter is applicable.
4.”.
Assemblywoman Freeman moved the adoption of the amendment.
Remarks by Assemblymen Freeman and Goldwater.
Amendment lost.
Bill ordered reprinted, engrossed and to third reading.
UNFINISHED BUSINESS
Consideration of Senate Amendments
Assembly Bill No. 641.
The following Senate amendment was read:
Amendment No. 850.
Amend sec. 3, page 2, line 1, by deleting “action;” and inserting:
“action in its own name and on its own behalf;”.
Amend sec. 3, page 2, line 11, by deleting “or”.
Amend sec. 3, page 2, by deleting line 14 and inserting:
“violate a state statute; or
(c) Bring or maintain an action pursuant to subsection 1 on behalf of this state or as representative of the interests of this state or any of its agencies.”.
Assemblyman Bache moved that the Assembly concur in the Senate amendment to Assembly Bill No. 641.
Remarks by Assemblyman Bache.
Motion carried.
Bill ordered enrolled.
Assembly Bill No. 539.
The following Senate amendment was read:
Amendment No. 881
Amend sec. 5, page 4, line 21, by deleting:
“without the approval of the board.” and inserting:
“that creates a conflict of interest between his personal interest in the business or occupation and his official duties.”.
Amend sec. 6, page 5, lines 3 and 4, by deleting:
“without the approval of the board.” and inserting:
“that creates a conflict of interest between his personal interest in the business or occupation and his official duties.”.
Amend sec. 7, page 5, line 20, by deleting:
“without the approval of the board.” and inserting:
“that creates a conflict of interest between his personal interest in the business or occupation and his official duties.”.
Amend sec. 8, page 5, lines 42 and 43, by deleting:
“between the personal interest of the sheriff and his official duty.” and inserting:
“of interest between his personal interest in the business or occupation and his official duties.”.
Amend sec. 9, page 6, line 20, after “in” by inserting:
“the private practice of law or”.
Amend sec. 9, page 6, by deleting line 21 and inserting:
“or occupation [.]that creates a conflict of interest between his personal interest in the business or occupation and his official duties.”.
Assemblyman Bache moved that the Assembly concur in the Senate amendment to Assembly Bill No. 539.
Remarks by Assemblyman Bache.
Motion carried.
Bill ordered enrolled.
Assembly Bill No. 71.
The following Senate amendment was read:
Amendment No. 900.
Amend the bill as a whole by deleting sec. 8 and renumbering sec. 9 as sec. 8.
Amend the title of the bill by deleting the eighth and ninth lines and inserting:
“credit to the person under certain circumstances; providing penalties; and”.
Amend the bill as a whole by adding the following senator as a primary joint sponsor:
Senator Raggio.
Assemblyman Anderson moved that the Assembly concur in the Senate amendment to Assembly Bill No. 71.
Remarks by Assemblyman Anderson.
Motion carried.
The following Senate amendment was read:
Amendment No. 1009.
Amend sec. 5, page 4, line 30, before “date” by inserting:
“debit card number,”.
Assemblyman Anderson moved that the Assembly concur in the Senate amendment to Assembly Bill No. 71.
Remarks by Assemblyman Anderson.
Motion carried.
Bill ordered enrolled.
Assembly Bill No. 82.
The following Senate amendment was read:
Amendment No. 901.
Amend section 1, page 1, by deleting line 10 and inserting:
“administrator of the division of mental health and developmental services of ”.
Amend section 1, page 1, by deleting lines 13 and 14 and inserting:
“charge against and must be paid by the division [of mental health and developmental services of the department of human resources] upon an order therefor signed by the judge who”.
Amend section 1, page 2, by deleting lines 2 and 3 and inserting:
“exhausted, money must be allocated to the division [of mental health and developmental services] out of the reserve for statutory contingency account”.
Assemblyman Anderson moved that the Assembly concur in the Senate amendment to Assembly Bill No. 82.
Remarks by Assemblyman Anderson.
Motion carried.
Bill ordered enrolled.
Assembly Bill No. 159.
The following Senate amendment was read:
Amendment No. 158.
Amend the bill as a whole by deleting section 1 and adding new sections designated sections 1 through 37 and the text of repealed sections, following the enacting clause, to read as follows:
Sec. 2. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 17, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3. “Acquitted” includes, without limitation, a finding of not guilty by reason of insanity or diminished capacity.
Sec. 4. “Agent” means a person who is authorized to represent or act for another person. The term includes, without limitation, an attorney in fact under a durable or nondurable power of attorney or a person who is authorized pursuant to the provisions of a governing instrument to make decisions concerning the provision of health care to another person.
Sec. 5. “Beneficiary” means a person who is entitled to accrue, acquire or receive any property, interest or benefit pursuant to the provisions of a governing instrument or the laws of intestate succession.
Sec. 6. “Community property” has the meaning ascribed to it in NRS 123.220.
Sec. 7. “Community property with right of survivorship” means community property in which a right of survivorship exists pursuant to NRS 111.064 or 115.060 or any other provision of law.
Sec. 8. “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.
Sec. 9. “Culpable actor in the felonious and intentional killing of a decedent” means a person who:
1. Causes or perpetrates the felonious and intentional killing of the decedent;
2. Aids, abets, commands, counsels, encourages, hires, induces, procures or solicits another person to cause or perpetrate the felonious and intentional killing of the decedent; or
3. Is a principal in any degree, accessory before the fact, accomplice or conspirator to the felonious and intentional killing of the decedent.
Sec. 10. “Governing instrument” means any of the following:
1. A deed or any other instrument that transfers any property, interest or benefit.
2. An annuity or a policy of insurance.
3. A trust, whether created by an instrument executed during the life of the settlor, a testamentary instrument or any other instrument, judgment or decree, including, without limitation, any of the following:
(a) An express trust, whether private or charitable, and any additions to such a trust.
(b) A trust created or determined by a judgment or decree under which the trust is to be administered in the manner of an express trust.
4. A will, a codicil or any other testamentary instrument, including, without limitation, a testamentary instrument that:
(a) Appoints a person to serve in a fiduciary or representative capacity, nominates a guardian or revokes or revises another will, codicil or testamentary instrument; or
(b) Excludes or limits the right of a person or class of persons to succeed to any property, interest or benefit pursuant to the laws of intestate succession.
5. Any account or deposit that is payable or transferable on the death of a person or any instrument that provides for the payment or transfer of any property, interest or benefit on the death of a person.
6. A security registered as transferable on the death of a person or a security registered in beneficiary form pursuant to NRS 111.480 to 111.650, inclusive.
7. Any instrument creating or exercising a power of appointment or a durable or nondurable power of attorney.
8. Any instrument that appoints or nominates a person to serve in any fiduciary or representative capacity, including, without limitation, an agent, guardian, executor, personal representative or trustee.
9. Any public or private plan or system that entitles a person to the payment or transfer of any property, interest or benefit, including, without limitation, a plan or system that involves any of the following:
(a) Pension benefits, retirement benefits or other similar benefits.
(b) Profit-sharing or any other form of participation in profits, revenues, securities, capital or assets.
(c) Industrial insurance, workers’ compensation or other similar benefits.
(d) Group insurance.
10. A partnership agreement or an agreement concerning any joint adventure, enterprise or venture.
11. A premarital, antenuptial or postnuptial agreement, a marriage contract or settlement or any other similar agreement, contract or settlement.
12. Any instrument that declares a homestead pursuant to chapter 115 of NRS.
13. Any other dispositive, appointive, nominative or declarative instrument.
Sec. 11. “Interest” means:
1. Any interest, in whole or in part, in any property or estate, whether such interest is legal or equitable, present or future, or contingent or vested;
2. A right, power or privilege to appoint, consume, exercise, transfer or use any such interest; or
3. Any other right, power or privilege relating to any such interest.
Sec. 12. “Interested person” means:
1. A parent, spouse, child or sibling of a decedent;
2. A beneficiary or a person who would be a beneficiary if another person were found to be a killer of a decedent;
3. A person who serves in any fiduciary or representative capacity with respect to any property, interest or benefit that is in any way related to a decedent, his estate or a governing instrument or a person who would be entitled to serve in such a capacity if another person were found to be a killer of a decedent; or
4. A person who has a right to or claim against any property, interest or benefit that is in any way related to a decedent, his estate or a governing instrument or a person who would have such a right or claim if another person were found to be a killer of a decedent.
Sec. 13. “Joint tenants with right of survivorship” means two or more persons who hold any property, interest or benefit under circumstances that entitle one or more of the persons to the whole of the property, interest or benefit on the death of one or more of the other persons.
Sec. 14. “Killer” means a person who is deemed to be a killer of a decedent pursuant to section 20 or 21 of this act.
Sec. 15. “Payor” means a person who is authorized or obligated by law or a governing instrument to pay or transfer any property, interest or benefit to another person.
Sec. 16. “Person” means any of the following:
1. A natural person.
2. Any form of business or social organization and any other nongovernmental legal entity, including, without limitation, a corporation, partnership, association, trust or unincorporated organization.
3. A government, a political subdivision of a government or an agency or instrumentality of a government or a political subdivision of a government.
Sec. 17. “Property” means anything that may be the subject of ownership, including, without limitation, any real or personal property or any estate in such property.
Sec. 18. For the purposes of this chapter:
1. A killing is “felonious” if it is committed without legal excuse or justification.
2. A killing is “intentional” if it is caused by or occurs during the commission of any act which involves a degree of culpability that is greater than criminal negligence.
3. Insanity or diminished capacity shall be deemed not to be a legal excuse or justification and must not be considered in determining whether a killing is felonious or intentional.
Sec. 19. 1. Notwithstanding any other provision of law, the provisions of this chapter apply to any appointment, nomination, power, right, property, interest or benefit that accrues or devolves to a killer of a decedent based upon the death of the decedent. If any such appointment, nomination, power, right, property, interest or benefit is not expressly covered by the provisions of this chapter, it must be treated in accordance with the principle that a killer cannot profit or benefit from his wrong.
2. The provisions of this chapter do not abrogate or limit the application of:
(a) The anti-lapse provisions of NRS 133.200 or the right of representation, as defined and applied in chapter 134 of NRS, with respect to a person who is not a killer of the decedent; or
(b) Any provision of a governing instrument that designates:
(1) A contingent or residuary beneficiary who is not a killer of the decedent; or
(2) Any other beneficiary who is not a killer of the decedent.
3. The provisions of this chapter do not abrogate or limit any principle or rule of the common law, unless the principle or rule is inconsistent with the provisions of this chapter.
Sec. 20. 1. If a court in this state or any other jurisdiction enters a judgment of conviction against a person in which the person is found to have been a culpable actor in the felonious and intentional killing of a decedent:
(a) The conviction conclusively establishes for the purposes of this chapter that the person feloniously and intentionally killed the decedent; and
(b) The person shall be deemed to be a killer of the decedent.
2. Notwithstanding the provisions of NRS 48.125 or 51.295 or any other provision of law, a judgment of conviction described in subsection 1, including, without limitation, a judgment of conviction based upon a plea of nolo contendere, is admissible in any civil action brought pursuant to the provisions of this chapter.
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) 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.
(c) A killing in this state that constitutes murder of the first or second degree, as defined in NRS 200.010, 200.020 and 200.030, or voluntary manslaughter, as defined in NRS 200.040, 200.050 and 200.060, shall be deemed to be a felonious and intentional killing.
Sec. 21. 1. For the purposes of this chapter, an interested person may bring a civil action alleging that a person was a culpable actor in the felonious and intentional killing of a decedent. An interested person may bring such a civil action whether or not any person who is alleged to be a killer in the civil action or any other person is or has been, in a separate criminal action, charged with or convicted or acquitted of being:
(a) A culpable actor in the felonious and intentional killing of the decedent; or
(b) A culpable actor in any other offense arising out of the facts surrounding the killing of the decedent.
2. If an interested person brings a civil action pursuant to this section, the court shall determine, by a preponderance of the evidence, whether a person who is alleged to be a killer of the decedent was a culpable actor in the felonious and intentional killing of the decedent. If the court finds by a preponderance of the evidence that a person who is alleged to be a killer of the decedent was a culpable actor in the felonious and intentional killing of the decedent:
(a) The finding of the court conclusively establishes for the purposes of this chapter that the person feloniously and intentionally killed the decedent; and
(b) The person shall be deemed to be a killer of the decedent.
3. If, in a separate criminal action, a person is charged with being a culpable actor in the felonious and intentional killing of a decedent or with any other offense arising out of the facts surrounding the killing of the decedent and:
(a) The person is acquitted of the charge;
(b) The charge is dismissed; or
(c) A verdict or judgment is not reached or entered on the charge for any reason,
evidence concerning any such matter is not admissible in a civil action brought pursuant to this section.
4. Upon its own motion or the motion of an interested person, the court may, in whole or in part, stay the proceedings in a civil action brought pursuant to this section during the pendency of any separate criminal action that has been brought against a person who is alleged to be a killer in the civil action. The provisions of this subsection do not limit the power of the court to stay the proceedings in the civil action for any other reason.
5. A civil action described in this section may not be commenced by an interested person more than 5 years after the interested person discovers or through the use of reasonable diligence should have discovered the material facts that constitute the cause of action.
Sec. 22. 1. A killer of a decedent forfeits any appointment, nomination, power, right, property, interest or benefit that, pursuant to the provisions of Title 12 of NRS or the common law, accrues or devolves to the killer from or through the estate of the decedent, including, without limitation:
(a) An intestate share.
(b) An elective share.
(c) The share of an omitted spouse or child.
(d) A family allowance.
(e) A homestead allowance.
(f) Any exempt property.
2. The intestate estate of the decedent passes as if the killer had predeceased the decedent, and any other appointment, nomination, power, right, property, interest or benefit described in subsection 1 must be treated as if the killer had predeceased the decedent.
Sec. 23. 1. Except as otherwise provided in section 24 of this act, a killer of a decedent forfeits any appointment, nomination, power, right, property, interest or benefit that, pursuant to the provisions of a governing instrument executed by the decedent or any other person, accrues or devolves to the killer based upon the death of the decedent.
2. In addition to any forfeiture required by subsection 1, if a governing instrument provides for the payment of certain benefits only upon the death of a decedent, a killer of the decedent forfeits any right or interest that the killer is entitled to assert against those benefits on the basis that community property was used, in whole or in part, to purchase the governing instrument or to pay one or more contributions or premiums that were related to the governing instrument.
3. If a killer of a decedent forfeits any appointment, nomination, power, right, property, interest or benefit pursuant to this section, the provisions of each governing instrument affected by the forfeiture must be treated as if the killer had predeceased the decedent.
Sec. 24. 1. A killer of a decedent forfeits any right of survivorship in property that, at the time of the killing, was held by the decedent and the killer as community property with right of survivorship or as joint tenants with right of survivorship.
2. If a killer forfeits any right of survivorship pursuant to subsection 1:
(a) The respective interests in the property held by the decedent and the killer:
(1) Shall be deemed to be severed and transformed into tenancies in common; and
(2) Are presumed to be undivided equal interests in the property, unless a personal representative of the decedent establishes that the contributions made by the decedent concerning the property exceeded the contributions made by the killer; and
(b) The interest of the decedent passes as the separate property of the decedent and as if the killer had predeceased the decedent.
Sec. 25. 1. A killer of a decedent may not:
(a) Bring an action for wrongful death of the decedent pursuant to NRS 41.085; or
(b) Benefit in any way from such an action brought by a personal representative of the decedent.
2. Each person who may bring or benefit from an action for wrongful death of the decedent pursuant to NRS 41.085 must be determined as if the killer had predeceased the decedent.
Sec. 26. Except as otherwise provided by specific statute, if a payor or other third person, in good faith, pays or transfers any property, interest or benefit to a beneficiary in accordance with the provisions of a governing instrument, the payor or other third person is not liable to another person who alleges that the payment or transfer to the beneficiary violated the provisions of this chapter unless, before the payment or transfer, the payor or other third person had actual knowledge that the beneficiary was prohibited from acquiring or receiving the property, interest or benefit pursuant to the provisions of this chapter.
Sec. 27. 1. Except as otherwise provided in subsection 2, if a person, without legal right or authorization, acquires or receives any property, interest or benefit forfeited by a killer pursuant to the provisions of this chapter, the person is required to transfer the property, interest or benefit to the beneficiary who is entitled to it pursuant to the provisions of this chapter, or the person is liable to such beneficiary for the value of the property, interest or benefit.
2. The provisions of subsection 1 do not apply to a person who:
(a) Acquired the property, interest or benefit for value and without notice; or
(b) Received the property, interest or benefit in full or partial satisfaction of a legally enforceable obligation and without notice.
Sec. 28. 1. If a killer, for value or otherwise, transfers to a third person any property, interest or benefit forfeited by the killer pursuant to the provisions of this chapter, the killer is required to recover and transfer the property, interest or benefit to the beneficiary who is entitled to it pursuant to the provisions of this chapter, or the killer is liable to such beneficiary for the value of the property, interest or benefit.
2. If any federal law preempts any provision of this chapter requiring a killer to forfeit any property, interest or benefit and the property, interest or benefit accrues or devolves to the killer because of the preemption, the killer is required to transfer the property, interest or benefit to the beneficiary who, in the absence of the preemption, would have been entitled to it pursuant to the provisions of this chapter, or the killer is liable to such beneficiary for the value of the property, interest or benefit.
Sec. 29. NRS 41.085 is hereby amended to read as follows:
41.085 1. As used in this section, “heir” means a person who, under the laws of this state, would be entitled to succeed to the separate property of the decedent if he had died intestate. The term does not include a person who is deemed to be a killer of the decedent pursuant to sections 2 to 28, inclusive, of this act, and such a person shall be deemed to have predeceased the decedent as set forth in section 25 of this act.
2. When the death of any person, whether or not a minor, is caused by the wrongful act or neglect of another, the heirs of the decedent and the personal representatives of the decedent may each maintain an action for damages against the person who caused the death, or if the wrongdoer is dead, against his personal representatives, whether the wrongdoer died before or after the death of the person he injured. If any other person is responsible for the wrongful act or neglect, or if the wrongdoer is employed by another person who is responsible for his conduct, the action may be maintained against that other person, or if he is dead against his personal representatives.
3. An action brought by the heirs of a decedent pursuant to subsection 2 and the cause of action of that decedent brought or maintained by his personal representatives which arose out of the same wrongful act or neglect may be joined.
4. The heirs may prove their respective damages in the action brought pursuant to subsection 2 , and the court or jury may award each person pecuniary damages for his grief or sorrow, loss of probable support, companionship, society, comfort and consortium, and damages for pain, suffering or disfigurement of the decedent. The proceeds of any judgment for damages awarded under this subsection are not liable for any debt of the decedent.
5. The damages recoverable by the personal representatives of a decedent on behalf of his estate include:
(a) Any special damages, such as medical expenses, which the decedent incurred or sustained before his death, and funeral expenses; and
(b) Any penalties, including, but not limited to, exemplary or punitive damages, that the decedent would have recovered if he had lived,
but do not include damages for pain, suffering or disfigurement of the decedent. The proceeds of any judgment for damages awarded under this subsection are liable for the debts of the decedent unless exempted by law.
Sec. 30. NRS 62.216 is hereby amended to read as follows:
62.216 1. A child adjudicated pursuant to this chapter is not a criminal and any adjudication is not a conviction, and a child may be charged with a crime or convicted in any other court only as provided in NRS 62.080 and 62.081.
2. [An] Except as otherwise provided by specific statute, an adjudication pursuant to this chapter upon the status of a child does not impose any of the civil disabilities ordinarily resulting from conviction, and the disposition of a child or any evidence given in court must not be used to disqualify the child in any future application for or appointment to the civil service.
Sec. 31. NRS 123.250 is hereby amended to read as follows:
123.250 1. [Upon]Except as otherwise provided in subsection 2, upon the death of either husband or wife:
(a) An undivided one-half interest in the community property is the property of the surviving spouse and his or her sole separate property.
(b) The remaining interest [is] :
(1) Is subject to the testamentary disposition of the decedent[,] or, in the absence [thereof goes, except as otherwise provided in NRS 134.007,] of such a testamentary disposition, goes to the surviving spouse[, and is] ; and
(2) Is the only portion subject to administration under the provisions of Title 12 of NRS.
2. The provisions of this section [apply] :
(a) Do not apply to the extent that they are inconsistent with the provisions of sections 2 to 28, inclusive, of this act.
(b) Do not apply to community property with right of survivorship.
(c) Apply to all other community property, whether the community property was acquired before, on or after July 1, 1975.
3. As used in this section, “community property with right of survivorship” means community property in which a right of survivorship exists pursuant to NRS 111.064 or 115.060 or any other provision of law.
Sec. 32. NRS 134.005 is hereby amended to read as follows:
134.005 [1. With the exception of NRS 134.007 and 134.010, the provisions of this chapter, as to the inheritance of the husband and wife from each other, apply only to the separate property of the intestate.
2. With the exception of NRS 134.007, the] The provisions of this chapter [are inapplicable] do not apply to the extent that they are inconsistent with the provisions of a premarital agreement [between the deceased and his] which was executed by the decedent and the surviving spouse of the decedent and which is enforceable pursuant to chapter 123A of NRS.
Sec. 33. NRS 134.010 is hereby amended to read as follows:
134.010 [Upon the death of either the husband or the wife] If a decedent leaves a surviving spouse:
1. Community property with right of survivorship vests in accordance with the right of survivorship;
2. All other community property [shall vest] vests as provided in NRS 123.250[.] ; and
3. The provisions of this chapter apply only to the separate property of the decedent.
Sec. 34. NRS 134.030 is hereby amended to read as follows:
134.030 [Except as provided in NRS 134.007, when any person having] If a decedent dies intestate and has title to any estate which is [his or her] the separate property[,] of the decedent and which is not otherwise limited by contract, [dies intestate as to such estate, it] the estate descends and must be distributed, subject to the payment of [his debts,] the debts of the decedent, in the manner provided in NRS 134.040 to 134.120, inclusive.
Sec. 35. NRS 111.067, 134.007 and 688A.420 are hereby repealed.
Sec. 36. The amendatory provisions of this act do not apply to a decedent who died before the effective date of this act.
Sec. 37. This act becomes effective upon passage and approval.
TEXT OF REPEALED SECTIONS
111.067 Joint tenancy in real and personal property: Murderer not entitled to decedent’s share of joint tenancy.
1. No person convicted of the murder of a decedent is entitled to any part of the decedent’s share of a joint tenancy. If there is no other joint tenant, the tenancy becomes a tenancy in common and the share of the decedent becomes part of the decedent’s estate.
2. If:
(a) The death of a person precludes his trial for the murder of a decedent; and
(b) The court which is distributing the decedent’s estate determines, based on a preponderance of the evidence, that he committed the murder of the decedent,
he is not entitled to any part of the decedent’s share of a joint tenancy. If there is no other joint tenant, the tenancy becomes a tenancy in common and the share of the decedent becomes part of the decedent’s estate.
134.007 Murderer ineligible to succeed to community or separate property of decedent.
1. No person convicted of the murder of the decedent is entitled to succeed to any portion of the decedent’s estate. The portion to which the convicted person would otherwise be entitled to succeed goes to the other persons entitled to it under the provisions of this chapter.
2. If:
(a) The death of a person precludes his trial for the murder of a decedent; and
(b) The court which is distributing the decedent’s estate determines, based on a preponderance of the evidence, that he committed the murder of the decedent,
he is not entitled to succeed to any portion of the decedent’s estate. The portion to which he would otherwise have been entitled to succeed goes to the other persons entitled to it under the provisions of this chapter.
688A.420 Person convicted of or determined to have committed murder of decedent not entitled to life insurance proceeds; disposition of proceeds when no other beneficiary named.
1. No person convicted of the murder of a decedent is entitled to any part of the proceeds of a policy of insurance on the life of the decedent. If there is no beneficiary named in the policy to whom the proceeds are to be paid if the convicted person cannot or may not receive them, the proceeds must be placed in the estate of the decedent.
2. If:
(a) The death of a person precludes his trial for the murder of a decedent; and
(b) The court which is distributing the decedent’s estate determines, based on a preponderance of the evidence, that he committed the murder of the decedent,
he is not entitled to any part of the proceeds of a policy of insurance on the life of the decedent. If there is no beneficiary named in the policy to whom the proceeds are to be paid if the convicted person may not receive them, the proceeds must be placed in the estate of the decedent.”.
Amend the title of the bill to read as follows:
Amend the summary of the bill to read as follows:
“SUMMARY—Provides that person who is culpable actor in felonious and intentional killing of decedent may not inherit from decedent or accrue other benefits based upon death of decedent. (BDR 3‑958)”.
Assemblyman Anderson moved that the Assembly concur in the Senate amendment to Assembly Bill No. 159.
Remarks by Assemblyman Anderson.
Motion carried.
Bill ordered enrolled.
Assembly Bill No. 543.
The following Senate amendment was read:
Amendment No. 905.
Amend sec. 2, page 2, by deleting lines 1 and 2 and inserting:
“Sec. 2. The amendatory provisions of this act apply to a lawsuit that is commenced on or after the effective date of this act.”.
Assemblyman Anderson moved that the Assembly concur in the Senate amendment to Assembly Bill No. 543.
Remarks by Assemblyman Anderson.
Motion carried.
Bill ordered enrolled.
UNFINISHED BUSINESS
Recede From Assembly Amendments
Assemblyman Anderson moved that the Assembly do not recede from its action on Senate Bill No. 30, that a conference be requested, and that Mr. Speaker appoint a first Conference Committee consisting of three members to meet with a like committee of the Senate.
Motion carried.
Appointment of Conference Committees
Mr. Speaker appointed Assemblymen Buckley, Nolan and Claborn as a First Conference Committee to meet with a like committee of the Senate for the further consideration of Senate Bill No. 30
Recede From Assembly Amendments
Assemblyman Anderson moved that the Assembly do not recede from its action on Senate Bill No. 242, that a conference be requested, and that Mr. Speaker appoint a first Conference Committee consisting of three members to meet with a like committee of the Senate.
Motion carried.
Appointment of Conference Committees
Mr. Speaker appointed Assemblymen Anderson, Carpenter and Ohrenschall as a First Conference Committee to meet with a like committee of the Senate for the further consideration of Senate Bill No. 242
Reports of Conference Committees
Mr. Speaker:
The First Conference Committee concerning Senate Bill No. 532, consisting of the undersigned members, has met, and reports that:
It has agreed to recommend that the amendment of the Assembly be receded from.
John J. Lee Joseph M. Neal Jr.
Dawn Gibbons Jon C. Porter
Bonnie L. Parnell Terry Care
Assembly Committee on Conference Senate Committee on Conference
Assemblyman Lee moved to adopt the report of the first Conference Committee concerning Senate Bill No. 532.
Remarks by Assemblyman Lee.
Motion carried.
MOTIONS, RESOLUTIONS AND NOTICES
In compliance with a notice given on a previous day, Assemblyman Collins moved that the vote whereby Senate Bill No. 457 was refused passage be reconsidered.
Motion carried.
Assemblyman Collins moved that Senate Bill No. 457 be taken from the General File and placed on the Chief Clerk's desk.
Remarks by Assemblyman Collins.
Motion carried.
UNFINISHED BUSINESS
Consideration of Senate Amendments
Assembly Bill No. 520.
The following Senate amendment was read:
Amendment No. 851
Amend sec. 4, page 2, line 41, after “hundred” by inserting “fifty”.
Amend sec. 4, page 3, line 1, by deleting “Twenty-five” and inserting “One hundred”.
Amend sec. 9, page 5, line 40, by deleting “200” and inserting “250”.
Amend sec. 9, page 5, line 41, by deleting “25” and inserting “100”.
Assemblywoman Giunchigliani moved that the Assembly concur in the Senate amendment to Assembly Bill No. 520.
Remarks by Assemblywoman Giunchigliani.
Motion carried.
Bill ordered enrolled.
SECOND READING AND AMENDMENT
Senate Bill No. 530.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 897.
Amend sec. 7, page 2, line 16, by deleting “board,” and inserting “body,”.
Amend sec. 7, page 2, line 22, by deleting:
“each fiscal year of”.
Amend sec. 8, page 2, line 32, by deleting “2,” and inserting “3,”.
Amend sec. 8, page 2, line 42, after “2.” by inserting:
“At any time before the governing body adopts the ordinance establishing the commercial improvement district, the owner of a tract which is located within the boundaries of the proposed district and which is used exclusively for residential purposes may file with the clerk a written request that his property be excluded from the district. The request must be accompanied by a legal description of the property. Upon receipt of such a request, the clerk shall provide a copy of the request and legal description of the property to the governing body. In adopting the ordinance establishing the district, the governing body shall exclude all tracts for which it received a request for exclusion pursuant to this subsection and which it determines will not benefit from the activities or improvements that are proposed to be provided in the district.
3.”.
Amend sec. 13, page 4, line 28, after “act.” by inserting:
“If the proposed modification of the district expands the territory within the boundaries of the commercial improvement district, the owner of a tract which is located within the territory proposed to be added to the district and which is used exclusively for residential purposes may request that his property be excluded in the manner set forth in subsection 2 of section 8 of this act at any time before the governing body modifies the plan by ordinance. In modifying the plan by ordinance, the governing body shall exclude all tracts for which it received a request for exclusion and which it determines will not benefit from the activities or improvements provided in the district.”.
Assemblyman Bache moved the adoption of the amendment.
Remarks by Assemblyman Bache.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Mr. Speaker announced that if there were no objections, the Assembly would recess subject to the call of the Chair.
Assembly in recess at 2:26 p.m.
ASSEMBLY IN SESSION
At 2:27 p.m.
Mr. Speaker presiding.
Quorum present.
general file and third reading
Senate Bill No. 203.
Bill read third time.
Remarks by Assemblywoman Ohrenschall.
Roll call on Senate Bill No. 203:
Yeas—39.
Nays—Parnell.
Excused—Evans, Nolan—2.
Senate Bill No. 203 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 338.
Bill read third time.
Remarks by Assemblyman Parks.
Roll call on Senate Bill No. 338:
Yeas—40.
Nays—None.
Excused—Evans, Nolan—2.
Senate Bill No. 338 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 372.
Bill read third time.
Remarks by Assemblymen Chowning, Price and Collins.
Roll call on Senate Bill No. 372:
Yeas—40.
Nays—None.
Excused—Evans, Nolan—2.
Senate Bill No. 372 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Perkins moved that Senate Bill No. 387 be taken from the General File and placed on the Chief Clerk's desk.
Remarks by Assemblyman Perkins.
Motion carried.
general file and third reading
Senate Bill No. 396.
Bill read third time.
Remarks by Assemblyman de Braga.
Roll call on Senate Bill No. 396:
Yeas—40.
Nays—None.
Excused—Evans, Nolan—2.
Senate Bill No. 396 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 417.
Bill read third time.
Remarks by Assemblywoman Berman.
Roll call on Senate Bill No. 417:
Yeas—40.
Nays—None.
Excused—Evans, Nolan—2.
Senate Bill No. 417 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 442.
Bill read third time.
Remarks by Assemblyman Carpenter.
Roll call on Senate Bill No. 442:
Yeas—39.
Nays—Cegavske.
Excused—Evans, Nolan—2.
Senate Bill No. 442 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Bache moved that Senate Bill No. 475 be taken from the General File and placed on the General File for the next legislative day.
Remarks by Assemblyman Bache.
Motion carried.
general file and third reading
Senate Bill No. 391.
Bill read third time.
The following amendment was proposed by Assemblymen Bache, Giunchigliani and Tiffany:
Amendment No. 1079.
Amend section 1, page 1, line 2, by deleting “12,” and inserting “12.5,”.
Amend the bill as a whole by adding a new section designated sec. 3.5, following sec. 3, to read as follows:
“Sec. 3.5. “Infill development” means development that fills in an existing pattern of development on land that is:
1. Improved or unimproved; and
2. Surrounded completely by infrastructure and other development.”.
Amend sec. 4, page 1, by deleting lines 9 and 10 and inserting:
“Sec. 4. “Infrastructure” means publicly owned or publicly supported facilities that are necessary or desirable to support intense habitation within a region, including, without limitation, parks, roads, schools, police stations, fire stations, community centers, sanitary sewers, facilities for mass transit and facilities for the conveyance of power, water and the treatment of wastewater.”.
Amend the bill as a whole by adding a new section designated sec. 6.5, following sec. 6, to read as follows:
“Sec. 6.5. “Smart growth zone” means an area designated pursuant to section 12.5 of this act.”.
Amend sec. 11, page 4, by deleting lines 6 through 9.
Amend sec. 11, page 4, line 10, by deleting “5.” and inserting “4.”.
Amend the bill as a whole by adding a new section designated sec. 12.5, following sec. 12, to read as follows:
“Sec. 12.5. 1. In a county whose population is 100,000 or more, the governing body of the county and each city in the county shall designate as a smart growth zone each area within its jurisdiction that is likely to benefit from infill development. The governing body shall review such zones periodically and adjust the zones as it deems necessary.
2. In a county whose population is less than 100,000, the governing body of the county and each city in the county may designate as a smart growth zone each area within its jurisdiction that is likely to benefit from infill development. The governing body may review and adjust such zones periodically as it deems necessary.”.
Amend sec. 13, page 4, line 28, by deleting “12,” and inserting “12.5,”.
Amend the bill as a whole by adding new sections designated sections 13.3 and 13.7, following sec. 13, to read as follows:
“Sec. 13.3. NRS 278.021 is hereby amended to read as follows:
278.021 1. [The purpose of this section is to remove obstacles imposed by zoning ordinances, declarations of restrictions, deed restrictions, restrictive covenants and equitable servitudes which prevent persons who are mentally retarded from living in normal residences.
2.] In any ordinance adopted by a city or county, the definition of “single-family residence” must include a [home in which six or fewer unrelated persons who are mentally retarded reside with one or two additional persons to act as house parents or guardians who need not be related to each other or any of the mentally retarded persons who reside in the house.
3. This section does] :
(a) Residential facility for groups in which 10 or fewer unrelated persons with disabilities reside with a minimum of:
(1) One or two additional persons who act as house parents or guardians and who need not be related to any of the residents with disabilities; and
(2) If applicable, one or two additional persons who are related to the house parents or guardians within the second degree of consanguinity or affinity.
(b) Home for individual residential care in which two or fewer unrelated persons with disabilities reside with:
(1) One or two additional persons who act as house parents or guardians and who need not be related to any of the residents with disabilities; and
(2) If applicable, one or two additional persons who are related to the house parents or guardians within the second degree of consanguinity or affinity.
2. The provisions of subsection 1 do not prohibit a definition of “single-family residence” which permits more persons to reside in the house, nor does it prohibit regulation of homes which are operated on a commercial basis.
[4. For the purposes of subsection 1, a residence for mentally retarded persons is not a commercial activity.] For the purposes of this subsection, a residential facility for groups or a home for individual residential care shall not be deemed to be a home that is operated on a commercial basis for any purposes relating to building codes or zoning.
3. The health division of the department of human resources shall compile and maintain a registry of information relating to each residential facility for groups that exists in this state and shall make available for access on the Internet or its successor, if any, the information contained in the registry. The registry must include with respect to each residential facility for groups:
(a) The name of the owner of the facility;
(b) The name of the administrator of the facility;
(c) The address of the facility; and
(d) The number of clients for which the facility is licensed.
Any department or agency of a county or city that becomes aware of the existence of a residential facility for groups that is not included in the registry shall transmit such information to the health division, as is necessary, for inclusion in the registry within 30 days after obtaining the information.
4. The governing body of a county whose population is 100,000 or more or the governing body of a city in such a county or any department or agency of the city or county shall approve the first application submitted on or after October 1, 1999, to operate a residential facility for groups within a particular neighborhood in the jurisdiction of the governing body, including, without limitation, an application submitted as a result of the change in ownership of a residential facility for groups. If, on or after October 1, 1999, an application is submitted to operate a residential facility for groups that is in addition to the residential facility for groups that has been approved pursuant to paragraph (a) or (b) of subsection 1 within 660 feet from an existing residential facility for groups, the governing body shall review the application based on applicable zoning ordinances. Except as a result of a change in ownership of a residential facility for groups on or after October 1, 1999, the requirements of this subsection do not require the relocation or displacement of any residential facility for groups which existed before October 1, 1999, from its location on that date. The provisions of this subsection do not create or impose a presumption that the location of more than one residential facility for groups within 660 feet of each other is inappropriate under all circumstances with respect to the enforcement of zoning ordinances and regulations.
5. The governing body of a county or city shall not:
(a) Require a special use permit for a residential facility for groups; or
(b) Authorize the operators of a residential facility for groups to allow persons other than those specified in subsection 1 to reside at the facility.
6. The provisions of this section must not be applied in any manner which would result in a loss of money from the Federal Government for programs relating to housing.
7. As used in this section:
(a) “Change in ownership” means any transfer of ownership except a transfer of ownership between any persons related within the third degree of consanguinity or affinity.
(b) “Home for individual residential care” has the meaning ascribed to it in NRS 449.0105.
(c) “Person with a disability” means a person:
(1) With a physical or mental impairment that substantially limits one or more of the major life activities of the person;
(2) With a record of such an impairment; or
(3) Who is regarded as having such an impairment.
(d) “Residential facility for groups” has the meaning ascribed to it in NRS 449.017.
Sec. 13.7. NRS 278.150 is hereby amended to read as follows:
278.150 1. The planning commission shall prepare and adopt a comprehensive, long-term general plan for the physical development of the city, county or region which in the commission’s judgment bears relation to the planning thereof.
2. The plan must be known as the master plan, and must be so prepared that all or portions thereof, except as otherwise provided in subsection 3, may be adopted by the governing body, as provided in NRS 278.010 to 278.630, inclusive, as a basis for the development of the city, county or region for such reasonable period of time next ensuing after the adoption thereof as may practically be covered thereby.
3. In counties whose population is 100,000 or more, if the governing body of the city or county adopts only a portion of the master plan, it shall include in that portion a conservation plan, a housing plan , a land use plan and a population plan as provided in NRS 278.160.”.
Amend the bill as a whole by adding new sections designated sections 14.3 and 14.7, following sec. 14, to read as follows:
“Sec. 14.3. NRS 278.170 is hereby amended to read as follows:
278.170 1. The commission may prepare and adopt all or any part of the master plan or any subject thereof, except as otherwise provided in subsection 2, for all or any part of the city, county or region. Master regional plans must be coordinated with similar plans of adjoining regions, and master county and city plans within each region must be coordinated so as to fit properly into the master plan for the region.
2. In counties whose population is 100,000 or more, if the commission prepares and adopts less than all subjects of the master plan, as outlined in NRS 278.160, it shall include, in its preparation and adoption, the conservation, housing , land use and population plans described in that section.
Sec. 14.7. NRS 278.210 is hereby amended to read as follows:
2. The adoption of the master plan, or of any amendment, extension or addition thereof, [shall] must be by resolution of the commission carried by the affirmative votes of not less than two-thirds of the total membership of the commission. The resolution [shall] must refer expressly to the maps, descriptive matter and other matter intended by the commission to constitute the plan or any amendment, addition or extension thereof, and the action taken [shall] must be recorded on the map and plan and descriptive matter by the identifying signatures of the secretary and chairman of the commission.
3. No plan or map, hereafter, [shall] must have indicated thereon that it is a part of the master plan until it [shall have] has been adopted as part of the master plan by the commission as herein provided for the adoption thereof, whenever changed conditions or further studies by the commission require such amendments, extension, or addition.
4. Except as otherwise provided in this subsection, the commission shall not amend the land use plan of the master plan set forth in paragraph (f) of subsection 1 of NRS 278.160 more than four times in a calendar year. The provisions of this subsection do not apply to a change in the land use designated for a particular area if the change does not affect more than 25 percent of the area.
5. An attested copy of any part, amendment, extension of or addition to the master plan adopted by the planning commission of any city, county or region [shall] must be certified to the governing body of [such] the city, county or region.
[5.] 6. An attested copy of any part, amendment, extension of or addition to the master plan adopted by any regional planning commission [shall] must be certified to the county planning commission and to the board of county commissioners of each county within the regional district.”.
Amend sec. 15, page 7, line 8, by deleting:
“be adopted in accordance with” and inserting:
“[be adopted in accordance with] strictly conform to”.
Amend the bill as a whole by renumbering sec. 16 as sec. 23 and adding new sections designated sections 16 through 22, following sec. 15, to read as follows:
“Sec. 16. NRS 278.260 is hereby amended to read as follows:
2. A zoning regulation, restriction or boundary must strictly conform to the master plan and must not become effective until after a public hearing at which parties in interest and other persons have an opportunity to be heard. The governing body shall cause notice of the time and place of the hearing to be:
(a) Published in an official newspaper, or a newspaper of general circulation, in the city, county or region; and
(b) Mailed to each tenant of a mobile home park if that park is located within 300 feet of the property in question,
at least 10 days before the hearing.
3. If the proposed amendment involves a change in the boundary of a zoning district in a county whose population is less than 400,000, the governing body shall, to the extent this notice does not duplicate the notice required by subsection 2, cause a notice to be sent at least 10 days before the hearing to:
(a) The applicant;
(b) Each owner, as listed on the county assessor’s records, of real property located within 300 feet of the portion of the boundary being changed;
(c) Each owner, as listed on the county assessor’s records, of at least 30 parcels nearest to the portion of the boundary being changed, to the extent this notice does not duplicate the notice given pursuant to paragraph (b); and
(d) Any advisory board which has been established for the affected area by the governing body.
The notice must be sent by mail or, if requested by a party to whom notice must be provided pursuant to paragraphs (a) to (d), inclusive, by electronic means if receipt of such an electronic notice can be verified, and be written in language which is easy to understand. The notice must set forth the time, place and purpose of the hearing and a physical description of, or a map detailing, the proposed change.
4. If the proposed amendment involves a change in the boundary of a zoning district in a county whose population is 400,000 or more, the governing body shall, to the extent this notice does not duplicate the notice required by subsection 2, cause a notice to be sent at least 10 days before the hearing to:
(a) The applicant;
(b) Each owner, as listed on the county assessor’s records, of real property located within 500 feet from the portion of the boundary being changed;
(c) Each owner, as listed on the county assessor’s records, of at least 30 parcels nearest to the portion of the boundary being changed, to the extent this notice does not duplicate the notice given pursuant to paragraph (b); and
(d) Any advisory board which has been established for the affected area by the governing body.
The notice must be sent by mail or, if requested by a party to whom notice must be provided pursuant to paragraphs (a) to (d), inclusive, by electronic means if receipt of such an electronic notice can be verified, and be written in language which is easy to understand. The notice must set forth the time, place and purpose of the hearing and a physical description of, or a map detailing, the proposed change.
5. If a notice is required to be sent pursuant to subsection 4:
(a) The exterior of a notice sent by mail; or
(b) The cover sheet, heading or subject line of a notice sent by electronic means,
must bear a statement in at least 10-point bold type or fontin substantially the following form:
OFFICIAL NOTICE OF PUBLIC HEARING
6. In addition to sending the notice required pursuant to subsection 4, in a county whose population is 400,000 or more, the governing body shall, no later than 10 days before the hearing, erect or cause to be erected on the property, at least one sign not less than 2 feet high and 2 feet wide. The sign must be made of material reasonably calculated to withstand the elements for 40 days. The governing body must be consistent in its use of colors for the background and lettering of the sign. The sign must include the following information:
(a) The existing zoning designation of the property in question;
(b) The proposed zoning designation of the property in question;
(c) The date, time and place of the public hearing;
(d) A telephone number which may be used by interested persons to obtain additional information; and
(e) A statement which indicates whether the proposed zoning designation of the property in question complies with the requirements of the master plan of the city or county in which the property is located.
7. A sign required pursuant to subsection 6 is for informational purposes only, and must be erected regardless of any local ordinance regarding the size, placement or composition of signs to the contrary.
8. A governing body may charge an additional fee for each application to amend an existing zoning regulation, restriction or boundary to cover the actual costs resulting from the mailed notice required by this section and the erection of not more than one of the signs required by subsection 6, if any. The additional fee is not subject to the limitation imposed by NRS 354.5989.
9. The governing body shall remove or cause to be removed any sign required by subsection 6 within 5 days after the final hearing for the application for which the sign was erected. There must be no additional charge to the applicant for such removal.
Sec. 17. NRS 278.315 is hereby amended to read as follows:
278.315 1. The governing body may provide by ordinance for the granting of variances, special use permits, conditional use permits or other special exceptions by the board of adjustment, the planning commission or a hearing examiner appointed pursuant to NRS 278.262. The governing body may impose this duty entirely on the board, commission or examiner, respectively, or provide for the granting of enumerated categories of variances, special use permits, conditional use permits or special exceptions by the board, commission or examiner.
2. A hearing to consider an application for the granting of a variance, special use permit, conditional use permit or special exception must be held before the board of adjustment, planning commission or hearing examiner within 65 days after the filing of the application, unless a longer time or a different process of review is provided in an agreement entered into pursuant to NRS 278.0201. A notice setting forth the time, place and purpose of the hearing must be sent at least 10 days before the hearing to:
(a) The applicant;
(b) Each owner of real property located within 300 feet of the property in question;
(c) If a mobile home park is located within 300 feet of the property in question, each tenant of that mobile home park; and
(d) Any advisory board which has been established for the affected area by the governing body.
The notice must be sent by mail or, if requested by a party to whom notice must be provided pursuant to paragraphs (a) to (d), inclusive, by electronic means if receipt of such an electronic notice can be verified, and be written in language which is easy to understand. The notice must set forth the time, place and purpose of the hearing and a physical description or map of the property in question.
3. If the application is for the issuance of a special use permit in a county whose population is 100,000 or more, the governing body shall, to the extent this notice does not duplicate the notice required by subsection 2, cause a notice to be sent at least 10 days before the hearing to each owner, as listed on the county assessor’s records, of at least 30 parcels nearest to the property in question. The notice must be sent by mail or, if requested by an owner to whom notice must be provided, by electronic means if receipt of such an electronic notice can be verified, and be written in language which is easy to understand. The notice must set forth the time, place and purpose of the hearing and a physical description or map of the property in question.
4. If an application is for the issuance of a special use permit with regard to property that is located within an unincorporated town that is rural in character and not located within an urbanized area of the county, as determined by the board of county commissioners, the applicant shall present the information contained in the application at a meeting of the town board, citizens’ advisory council or town advisory board, whichever is applicable, before a hearing is held on the application pursuant to subsection 2. The town board, citizens’ advisory council or town advisory board may make recommendations regarding the application and submit its recommendations for consideration at the hearing held pursuant to subsection 2. The governing body or other person or entity that is authorized to take action on the application at the hearing held pursuant to subsection 2 shall not take action on the application until it receives recommendations from the town board, citizens’ advisory council or town advisory board regarding the application or evidence from the applicant that he presented the information contained in the application at a meeting of the town board, citizens’ advisory council or town advisory board, unless the town board, citizens’ advisory council or town advisory board failed to discuss the application because of the absence of a quorum present at the scheduled meeting. The governing body or other authorized person or entity shall consider any recommendations made by the town board, citizens’ advisory council or town advisory board regarding the application. If the governing body or other authorized person or entity does not concur with the recommendation, if any, the governing body or other authorized person or entity shall specify for the record the reasons for its action.
5. An ordinance adopted pursuant to this section must provide an opportunity for the applicant or a protestant to appeal from a decision of the board of adjustment, planning commission or hearing examiner to the governing body.
[5.] 6. In a county whose population is 400,000 or more, if the application is for the issuance of a special use permit for an establishment which serves alcoholic beverages for consumption on or off of the premises as its primary business in a district which is not a gaming enterprise district as defined in NRS 463.0158, the governing body shall, in addition to sending the notice required pursuant to subsection 3, not later than 10 days before the hearing, erect or cause to be erected on the property, at least one sign not less than 2 feet high and 2 feet wide. The sign must be made of material reasonably calculated to withstand the elements for 40 days. The governing body must be consistent in its use of colors for the background and lettering of the sign. The sign must include the following information:
(a) The existing permitted use and zoning designation of the property in question;
(b) The proposed permitted use of the property in question;
(c) The date, time and place of the public hearing; and
(d) A telephone number which may be used by interested persons to obtain additional information.
[6.] 7. A sign required pursuant to subsection [5] 6 is for informational purposes only, and must be erected regardless of any local ordinance regarding the size, placement or composition of signs to the contrary.
[7.] 8. A governing body may charge an additional fee for each application for a special use permit to cover the actual costs resulting from the erection of not more than one sign required by subsection [5,] 6, if any. The additional fee is not subject to the limitation imposed by NRS 354.5989.
[8.] 9. The governing body shall remove or cause to be removed any sign required by subsection [5] 6 within 5 days after the final hearing for the application for which the sign was erected. There must be no additional charge to the applicant for such removal.
[9.] 10. The provisions of this section do not apply to an application for a conditional use permit filed pursuant to section 1 of [this act.] Assembly Bill No. 603 of this session.
Sec. 18. NRS 231.067 is hereby amended to read as follows:
231.067 The commission on economic development shall:
1. Develop a state plan for industrial development and diversification. The state plan must include a provision that promotes infill development in smart growth zones designated pursuant to section 12.5 of this act.
2. Promote, encourage and aid the development of commercial, industrial, agricultural, mining and other vital economic interests of this state, except for travel and tourism, except that in a county whose population is less than 35,000, the county may include community development and the development of the nongaming recreation and tourism industry in its economic development efforts.
3. Identify sources of financing and assist businesses and industries which wish to locate in Nevada in obtaining financing.
4. Provide and administer grants of money to political subdivisions of the state and to local or regional organizations for economic development to assist them in promoting the advantages of their communities and in recruiting businesses to relocate in those communities. Each recipient must provide an amount of money, at least equal to the grant, for the same purpose, except, in a county whose population is less than 35,000, the commission may, if convinced that the recipient is financially unable to do so, provide such a grant with less than equal matching money provided by the recipient.
5. Encourage and assist state, county and city agencies in planning and preparing projects for economic or industrial development and financing those projects with revenue bonds.
6. Coordinate and assist the activities of counties, cities, local and regional organizations for economic development and fair and recreation boards in the state which affect industrial development, except for travel and tourism, except that in a county whose population is less than 35,000, the county may include community development and the development of the nongaming recreation and tourism industry in its economic development efforts.
7. Arrange by cooperative agreements with local governments to serve as the single agency in the state where relocating or expanding businesses may obtain all required permits.
8. Promote close cooperation between public agencies and private persons who have an interest in industrial development and diversification in Nevada.
9. Organize and coordinate the activities of a group of volunteers which will aggressively select and recruit businesses and industries, especially small industries, to locate their offices and facilities in Nevada.
Sec. 19. NRS 319.160 is hereby amended to read as follows:
319.160 1. The division may provide advice, technical information, training and educational services, conduct research and promote the development of housing, building technology and related fields.
2. The division shall develop and carry out policies to promote infill development in smart growth zones designated pursuant to section 12.5 of this act.
Sec. 20. Section 14 of this act is hereby amended to read as follows:
Sec. 14. NRS 278.160 is hereby amended to read as follows:
278.160 1. The master plan, with the accompanying charts, drawings, diagrams, schedules and reports, may include such of the following subject matter or portions thereof as are appropriate to the city, county or region, and as may be made the basis for the physical development thereof:
(a) Community design. Standards and principles governing the subdivision of land and suggestive patterns for community design and development.
(b) Conservation plan. For the conservation, development and utilization of natural resources, including water and its hydraulic force, underground water, water supply, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals and other natural resources. The plan must also cover the reclamation of land and waters, flood control, prevention and control of the pollution of streams and other waters, regulation of the use of land in stream channels and other areas required for the accomplishment of the conservation plan, prevention, control and correction of the erosion of soils through proper clearing, grading and landscaping, beaches and shores, and protection of watersheds. The plan must also indicate the maximum tolerable level of air pollution.
(c) Economic plan. Showing recommended schedules for the allocation and expenditure of public money in order to provide for the economical and timely execution of the various components of the plan.
(d) Historical properties preservation plan. An inventory of significant historical, archaeological and architectural properties as defined by a city, county or region, and a statement of methods to encourage the preservation of those properties.
(e) Housing plan. The housing plan must include, but is not limited to:
(1) An inventory of housing conditions, needs and plans and procedures for improving housing standards and for providing adequate housing.
(2) An inventory of affordable housing in the community.
(3) An analysis of the demographic characteristics of the community.
(4) A determination of the present and prospective need for affordable housing in the community.
(5) An analysis of any impediments to the development of affordable housing and the development of policies to mitigate those impediments.
(6) An analysis of the characteristics of the land that is the most appropriate for the construction of affordable housing.
(7) An analysis of the needs and appropriate methods for the construction of affordable housing or the conversion or rehabilitation of existing housing to affordable housing.
(8) A plan for maintaining and developing affordable housing to meet the housing needs of the community.
(f) Land use plan. An inventory and classification of types of natural land and of existing land cover and uses, and comprehensive plans for the most desirable utilization of land. The land use plan [may] :
(1) Must show each smart growth zone that has been designated pursuant to section 12.5 of this act;
(2) Must identify policies that would assist in promoting infill development in such zones; and
(3) May include a provision concerning the acquisition and use of land that is under federal management within the city, county or region, including, without limitation, a plan or statement of policy prepared pursuant to NRS 321.7355.
(g) Population plan. An estimate of the total population which the natural resources of the city, county or region will support on a continuing basis without unreasonable impairment.
(h) Public buildings. Showing locations and arrangement of civic centers and all other public buildings, including the architecture thereof and the landscape treatment of the grounds thereof.
(i) Public services and facilities. Showing general plans for sewage, drainage and utilities, and rights of way, easements and facilities therefor, including any utility projects required to be reported pursuant to NRS 278.145.
(j) Recreation plan. Showing a comprehensive system of recreation areas, including natural reservations, parks, parkways, reserved riverbank strips, beaches, playgrounds and other recreation areas, including, when practicable, the locations and proposed development thereof.
(k) Rural neighborhoods preservation plan. In any county whose population is 400,000 or more, showing general plans to preserve the character and density of rural neighborhoods.
(l) Safety plan. In any county whose population is 400,000 or more, identifying potential types of natural and man-made hazards, including hazards from floods, landslides or fires, or resulting from the manufacture, storage, transfer or use of bulk quantities of hazardous materials. The plan may set forth policies for avoiding or minimizing the risks from those hazards.
(m) Seismic safety plan. Consisting of an identification and appraisal of seismic hazards such as susceptibility to surface ruptures from faulting, to ground shaking or to ground failures.
(n) Solid waste disposal plan. Showing general plans for the disposal of solid waste.
(o) Streets and highways plan. Showing the general locations and widths of a comprehensive system of major traffic thoroughfares and other traffic ways and of streets and the recommended treatment thereof, building line setbacks, and a system of naming or numbering streets and numbering houses, with recommendations concerning proposed changes.
(p) Transit plan. Showing a proposed system of transit lines, including rapid transit, streetcar, motorcoach and trolley coach lines and related facilities.
(q) Transportation plan. Showing a comprehensive transportation system, including locations of rights of way, terminals, viaducts and grade separations. The plan may also include port, harbor, aviation and related facilities.
2. The commission may prepare and adopt, as part of the master plan, other and additional plans and reports dealing with such other subjects as may in its judgment relate to the physical development of the city, county or region, and nothing contained in NRS 278.010 to 278.630, inclusive, prohibits the preparation and adoption of any such subject as a part of the master plan.
Sec. 21. Section 3 of Senate Bill No. 121 of this session is hereby amended to read as follows:
Sec. 3. NRS 278.260 is hereby amended to read as follows:
278.260 1. The governing body shall provide for the manner in which zoning regulations and restrictions and the boundaries of zoning districts are determined, established, enforced and amended.
2. A zoning regulation, restriction or boundary must strictly conform to the master plan and must not become effective until after a public hearing at which parties in interest and other persons have an opportunity to be heard. The governing body shall cause notice of the time and place of the hearing to be:
(a) Published in an official newspaper, or a newspaper of general circulation, in the city, county or region; and
(b) Mailed to each tenant of a mobile home park if that park is located within 300 feet of the property in question,
at least 10 days before the hearing.
3. If the proposed amendment involves a change in the boundary of a zoning district in a county whose population is less than 400,000, the governing body shall, to the extent this notice does not duplicate the notice required by subsection 2, cause a notice to be sent at least 10 days before the hearing to:
(a) The applicant;
(b) Each owner, as listed on the county assessor’s records, of real property located within 300 feet of the portion of the boundary being changed;
(c) Each owner, as listed on the county assessor’s records, of at least 30 parcels nearest to the portion of the boundary being changed, to the extent this notice does not duplicate the notice given pursuant to paragraph (b); and
(d) Any advisory board which has been established for the affected area by the governing body.
The notice must be sent by mail or, if requested by a party to whom notice must be provided pursuant to paragraphs (a) to (d), inclusive, by electronic means if receipt of such an electronic notice can be verified, and bewritten in language which is easy to understand. The notice must set forth the time, place and purpose of the hearing and a physical description of, or a map detailing, the proposed change[.] , must indicate the existing zoning designation, and the proposed zoning designation, of the property in question, and must contain a brief summary of the intent of the proposed change.
4. If the proposed amendment involves a change in the boundary of a zoning district in a county whose population is 400,000 or more, the governing body shall, to the extent this notice does not duplicate the notice required by subsection 2, cause a notice to be sent at least 10 days before the hearing to:
(a) The applicant;
(b) Each owner, as listed on the county assessor’s records, of real property located within 500 feet from the portion of the boundary being changed;
(c) Each owner, as listed on the county assessor’s records, of at least 30 parcels nearest to the portion of the boundary being changed, to the extent this notice does not duplicate the notice given pursuant to paragraph (b); and
(d) Any advisory board which has been established for the affected area by the governing body.
The notice must be sent by mail or, if requested by a party to whom notice must be provided pursuant to paragraphs (a) to (d), inclusive, by electronic means if receipt of such an electronic notice can be verified and bewritten in language which is easy to understand. The noticemust set forth the time, place and purpose of the hearing and a physical description of, or a map detailing, the proposed change[.] , must indicate the existing zoning designation, and the proposed zoning designation, of the property in question, and must contain a brief summary of the intent of the proposed change.
5. The exterior of the notice mailed pursuant to subsection 4 must bear a statement in at least 10-point bold type or fontin substantially the following form:
OFFICIAL NOTICE OF PUBLIC HEARING
6. In addition to sending the notice required pursuant to subsection 4, in a county whose population is 400,000 or more, the governing body shall, not later than 10 days before the hearing, erect or cause to be erected on the property, at least one sign not less than 2 feet high and 2 feet wide. The sign must be made of material reasonably calculated to withstand the elements for 40 days. The governing body must be consistent in its use of colors for the background and lettering of the sign. The sign must include the following information:
(a) The existing zoning designation of the property in question;
(b) The proposed zoning designation of the property in question;
(c) The date, time and place of the public hearing;
(d) A telephone number which may be used by interested persons to obtain additional information; and
(e) A statement which indicates whether the proposed zoning designation of the property in question complies with the requirements of the master plan of the city or county in which the property is located.
7. A sign required pursuant to subsection 6 is for informational purposes only, and must be erected regardless of any local ordinance regarding the size, placement or composition of signs to the contrary.
8. A governing body may charge an additional fee for each application to amend an existing zoning regulation, restriction or boundary to cover the actual costs resulting from the mailed notice required by this section and the erection of not more than one of the signs required by subsection 6, if any. The additional fee is not subject to the limitation imposed by NRS 354.5989.
9. The governing body shall remove or cause to be removed any sign required by subsection 6 within 5 days after the final hearing for the application for which the sign was erected. There must be no additional charge to the applicant for such removal.
Sec. 22. On or before January 1, 2001:
1. The governing body of a county whose population is 100,000 or more shall designate initial smart growth zones as required pursuant to subsection 1 of section 12.5 of this act.
2. The commission on economic development shall amend the state plan for industrial development and diversification to include a provision that promotes infill development in smart growth zones as required pursuant to NRS 231.067, as amended by section 18 of this act.
3. The housing division of the department of business and industry shall develop the policies to promote infill development in smart growth zones as required pursuant to subsection 2 of NRS 319.160, as amended by section 19 of this act.”.
Amend sec. 16, page 7, by deleting line 37 and inserting:
“Sec. 23. 1. This section and sections 1, 2, 3, 4, 5, 6, 7 to 12, inclusive, 13, 14 and 15 of this act become effective on October 1, 1999.
2. Sections 3.5, 6.5, 12.5, 13.7, 14.3 and 18 to 20, inclusive, and 22 of this act become effective on October 1, 1999, for the purposes of preparations relating to the designation of smart growth zones pursuant to subsection 1 of section 12.5 of this act, the amendment of the state plan for industrial development and diversification pursuant to section 18 of this act and the development of policies to promote infill development pursuant to section 19 of this act and on January 1, 2001, for all other purposes.
3. Section 16 of this act becomes effective at 12:01 a.m. on October 1, 1999.
4. Sections 17 and 21 of this act become effective at 12:02 a.m. on October 1, 1999.
5. Section 13.3 of this act becomes effective on January 1, 2000, for the purposes of the compilation of the registry required pursuant to subsection 3 of NRS 278.021 as amended by section 13.3 of this act and on October 1, 1999, for all other purposes.
6. Section 14.7 of this act becomes effective on January 1, 2000.
7. The provisions of section 8 of this act expire by limitation on June 1, 2004.”.
Amend the title of the bill to read as follows:
“AN ACT relating to land use planning; providing for the establishment of provisions to preserve the rural character and density of certain areas in larger counties; providing for a governing body to establish an analysis of the cost to construct infrastructure in certain areas; authorizing the governing body to enter into agreements to carry out the plan for the development of infrastructure in certain areas; requiring certain governing bodies adopting any part of the master plan to adopt a land use plan; establishing provisions to promote infill development in smart growth zones; revising the limitation on local control over the location of housing for persons with disabilities; requiring the health division of the department of human resources to maintain a registry of residential facilities for groups; limiting the number of annual amendments to the land use plan of the master plan in certain circumstances; providing that zoning regulations, restrictions and boundaries adopted by a governing body must strictly conform to the master plan; revising provisions governing applications for special use permits with regard to property located within certain unincorporated towns; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Makes various changes concerning land use planning. (BDR 22‑1197).”.
Assemblywoman Giunchigliani moved the adoption of the amendment.
Remarks by Assemblywoman Giunchigliani.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR
On request of Assemblywoman Gibbons, the privilege of the floor of the Assembly Chamber for this day was extended to Courtney Miller, Jackie Swobe Borsum, Janelle Borsum, Scott Borsum and Coe Swobe.
On request of Assemblywoman McClain, the privilege of the floor of the Assembly Chamber for this day was extended to Donald Hauth.
Assemblyman Perkins moved that the Assembly adjourn until Friday, May 21, 1999, at 10:30 a.m.
Motion carried.
Assembly adjourned at 2:53 p.m.
Approved: Joseph E. Dini, Jr.
Attest: Jacqueline Sneddon