THE SEVENTY-FIRST DAY
Carson City(Monday), April 12, 1999
Senate called to order at 11:23 a.m.
President Hunt presiding.
Roll called.
All present except Senator Titus, who was excused.
Prayer by the Chaplain, Pastor Richard Campbell.
Almighty God, in whom we live, move and have our very being: we come to You this day to acknowledge that the earth and all who dwell within it are precious in Your sight. Take away our selfish pride and bring to our minds Your goodness, so that living together, as Your children, we may enjoy Your gifts and be thankful. We thank You for mountains, fields and woodlands; for oceans and running streams; for villages and cities where Your children live, work and play; and for Your presence with us in all our endeavors. Especially this day we pray that You will help Your servant, Mary Ellen Patt, and restore her to health with the assistance of the nurses and doctors. Grant this legislative body insight into Your wisdom today so that their actions may be to Your honor and Glory.
Amen.
Pledge of allegiance to the Flag.
Senator Raggio moved that further reading of the Journal be dispensed with, and the President and Secretary be authorized to make the necessary corrections and additions.
Motion carried.
REPORTS OF COMMITTEES
Madam President:
Your Committee on Commerce and Labor, to which was referred Senate Bill No. 218, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Randolph J. Townsend, Chairman
Madam President:
Your Committee on Finance, to which were referred Senate Bills Nos. 507, 517, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
William J. Raggio, Chairman
Madam President:
Your Committee on Human Resources and Facilities, to which were referred Senate Bills Nos. 73, 346, 489, 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 Human Resources and Facilities, to which was referred Senate Bill No. 469, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and re-refer to the Committee on Finance.
Raymond D. Rawson, Chairman
Madam President:
Your Committee on Judiciary, to which was re-referred Senate Bill No. 61, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Also, your Committee on Judiciary, to which were referred Senate Bills Nos. 479, 482, 492, 515, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Also, your Committee on Judiciary, to which was referred Senate Bill No. 484, has had the same under consideration, and begs leave to report the same back with the recommendation: Without recommendation.
Also, your Committee on Judiciary, to which was referred Senate Bill No. 401, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and re-refer to the Committee on Finance.
Mark A. James, Chairman
Madam President:
Your Committee on Natural Resources, to which was referred Senate Joint Resolution No. 14, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also, your Committee on Natural Resources, to which was referred Senate Bill No. 310, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Dean A. Rhoads, Chairman
Madam President:
Your Committee on Taxation, to which were referred Senate Bills Nos. 468, 476, 502, 522, 523, 534, 535, 536, 538, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also, your Committee on Taxation, to which was referred Senate Bill No. 411, has had the same under consideration, and begs leave to report the same back with the recommendation: Re-refer to the Committee on Finance.
Mike McGinness, Chairman
Madam President:
Your Committee on Transportation, to which was referred Senate Bill No. 372, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also, your Committee on Transportation, to which was referred Senate Bill No. 338, 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 Transportation, to which were referred Senate Bills Nos. 165, 381, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and re-refer to the Committee on Finance.
William R. O’Donnell, Chairman
MESSAGES FROM THE ASSEMBLY
Assembly Chamber, Carson City, April 8, 1999
To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day passed Assembly Bills Nos. 425, 437, 438.
Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bills Nos. 18, 138, 154, 284, 295, 329, 338, 358, 400, 407, 409, 423.
Also, I have the honor to inform your honorable body that the Assembly on this day adopted Senate Concurrent Resolution No. 30.
Also, I have the honor to inform your honorable body that the Assembly on this day adopted, as amended, Assembly Concurrent Resolution No. 12.
Susan Furlong Reil
Assistant Chief Clerk of the Assembly
Assembly Chamber, Carson City, April 9, 1999
To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day passed Assembly Bills Nos. 441, 539, 606, 637, 640.
Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bills Nos. 39, 141, 200, 221, 238, 247, 418, 450, 456, 574, 599, 611, 644; Assembly Joint Resolution No. 21.
Also, I have the honor to inform your honorable body that the Assembly on this day concurred in the Senate Amendment No. 199 to Assembly Bill No. 58.
Also, I have the honor to inform your honorable body that the Assembly on this day adopted Assembly Concurrent Resolutions Nos. 16, 37.
Susan Furlong Reil
Assistant Chief Clerk of the Assembly
MOTIONS, RESOLUTIONS AND NOTICES
Senator McGinness moved that Senate Bill No. 411 be placed on the Secretary’s desk.
Remarks by Senator McGinness.
Motion carried.
Assembly Joint Resolution No. 21.
Senator Rawson moved that the resolution be referred to the Committee on Natural Resources.
Motion carried.
Assembly Concurrent Resolution No. 12.
Senator Rawson moved that the resolution be referred to the Committee on Finance.
Motion carried.
Assembly Concurrent Resolution No. 16.
Senator Rawson moved that the resolution be referred to the Committee on Government Affairs.
Motion carried.
Assembly Concurrent Resolution No. 37.
Senator Rawson moved that the resolution be referred to the Committee on Human Resources and Facilities.
Motion carried.
Senator Raggio moved that Senate Bills Nos. 61, 73, 165, 218, 310, 338, 346, 381, 401, 469, 479, 482, 489, 492, 507, 515, 517, be placed on the Second Reading File on the Second Agenda.
Remarks by Senator Raggio.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
Assembly Bill No. 18.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 39.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Assembly Bill No. 138.
Senator Rawson moved that the bill be referred to the Committee on Natural Resources.
Motion carried.
Assembly Bill No. 141.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
Assembly Bill No. 154.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 200.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 221.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 238.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
Assembly Bill No. 247.
Senator Rawson moved that the bill be referred to the Committee on Transportation.
Motion carried.
Assembly Bill No. 284.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
Assembly Bill No. 295.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 329.
Senator Rawson moved that the bill be referred to the Committee on Transportation.
Motion carried.
Assembly Bill No. 338.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Assembly Bill No. 358.
Senator Rawson moved that the bill be referred to the Committee on Natural Resources.
Motion carried.
Assembly Bill No. 400.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 407.
Senator Rawson moved that the bill be referred to the Committee on Transportation.
Motion carried.
Assembly Bill No. 409.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 418.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Assembly Bill No. 423.
Senator Rawson moved that the bill be referred to the Committee on Taxation.
Motion carried.
Assembly Bill No. 425.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 437.
Senator Rawson moved that the bill be referred to the Committee on Natural Resources.
Motion carried.
Assembly Bill No. 438.
Senator Rawson moved that the bill be referred to the Committee on Natural Resources.
Motion carried.
Assembly Bill No. 441.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 450.
Senator Rawson moved that the bill be referred to the Committee on Natural Resources.
Motion carried.
Assembly Bill No. 456.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 539.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 574.
Senator Rawson moved that the bill be referred to the Committee on Natural Resources.
Motion carried.
Assembly Bill No. 599.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 606.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 611.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 637.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 640.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 644.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
SECOND READING AND AMENDMENT
Senate Bill No. 71.
Bill read second time and ordered to third reading.
Senate Bill No. 244.
Bill read second time.
The following amendment was proposed by the Committee on Taxation:
Amendment No. 185.
Amend section 1, page 1, line 3, after “1.” by inserting: “A wholesale or retail dealer shall not affix a Nevada cigarette revenue stamp or a metered machine impression upon a package, carton, packet or other container of cigarettes which:
(a) Does not meet the requirements of the Federal Cigarette Labeling and Advertising Act, 15 U.S.C. §§ 1331 et seq., for the placement of labels, warnings or any other information required by that Act to be placed upon a container of cigarettes sold within the United States;
(b) Is labeled as “for export only,” “U.S. tax exempt,” “for use outside the U.S.” or with similar wording indicating that the manufacturer did not intend for the product to be sold in the United States;
(c) Has been altered by the unauthorized addition or removal of wording, labels or warnings described in paragraph (a) or (b);
(d) Has been exported from the United States after January 1, 2000, and imported into the United States in violation of 26 U.S.C. § 5754; or
(e) Violates a federal trade-mark or copyright law.
2.”.
Amend section 1, page 1, line 10, by deleting “2.” and inserting “3.”.
Amend section 1, page 1, line 11, after “subsection 1” by inserting “or 2”.
Amend section 1, page 1, between lines 13 and 14, by inserting:
“4. Notwithstanding any other provision of law, the department may seize, destroy or sell to the manufacturer, for export only, a container of cigarettes upon which a revenue stamp or metered machine impression was placed in violation of subsection 1 or 2.”.
Amend section 1, page 1, line 14, by deleting “3.” and inserting “5.”.
Amend the bill as a whole by deleting sec. 4 and adding new sections designated sections 4 and 5 following sec. 3, to read as follows:
“Sec. 4. The amendatory provisions of this act do not apply to violations committed before the effective date of this act.
Sec. 5. This act becomes effective upon passage and approval.”.
Amend the title of the bill to read as follows:
“AN ACT relating to taxation; prohibiting a dealer from taking certain actions regarding cigarettes manufactured for export outside the United States; prohibiting a dealer from affixing a revenue stamp or meter impression upon certain containers of cigarettes; providing a penalty; and providing other matters properly relating thereto.”.
Senator McGinness moved the adoption of the amendment.
Remarks by Senator McGinness.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 262.
Bill read second time.
The following amendment was proposed by the Committee on Taxation:
Amendment No. 149.
Amend section 1, page 1, by deleting line 3 and inserting: “1. It is presumed that”.
Amend section 1, page 1, line 7, by deleting: “purchased for initial use” and inserting “first used”.
Amend section 1, page 1, by deleting line 9 and inserting:
“(b) Is used continuously in interstate or foreign commerce, but not exclusively in this state, for at least 12 months after the date that the property was first used pursuant to paragraph (a).”.
Amend section 1, pages 1 and 2, by deleting line 17 on page 1 and lines 1 through 3 on page 2, and inserting:
“(2) Points in the same state when such transportation consists of one or more segments of transportation that immediately follow movement of the property into the state from a point beyond its borders or immediately precede movement of the property from within the state to a point outside its borders.”.
Amend the bill as a whole by renumbering sec. 2 as sec. 3 and adding a new section designated sec. 2, following section 1, to read as follows:
“Sec. 2. NRS 372.255 is hereby amended to read as follows:
2. This presumption may be controverted by:
(a) A statement in writing, signed by the purchaser or his authorized representative, and retained by the vendor, that the property was purchased for use at a designated point or points outside this state.
(b) Other evidence satisfactory to the department that the property was not purchased for storage, use or other consumption in this state.”.
Amend sec. 2, page 2, by deleting line 7 and inserting: “1. It is presumed that”.
Amend sec. 2, page 2, line 11, by deleting: “purchased for initial use” and inserting “first used”.
Amend sec. 2, page 2, by deleting line 13 and inserting:
“(b) Is used continuously in interstate or foreign commerce, but not exclusively in this state, for at least 12 months after the date that the property was first used pursuant to paragraph (a).”.
Amend sec. 2, page 2, by deleting lines 21 through 24 and inserting:
“(2) Points in the same state when such transportation consists of one or more segments of transportation that immediately follow movement of the property into the state from a point beyond its borders or immediately precede movement of the property from within the state to a point outside its borders.”.
Amend the bill as a whole by adding a new section designated sec. 4, following sec. 2, to read as follows:
“Sec. 4. NRS 374.260 is hereby amended to read as follows:
2. This presumption may be controverted by:
(a) A statement in writing, signed by the purchaser or his authorized representative, and retained by the vendor, that the property was purchased for use at a designated point or points outside this state.
(b) Other evidence satisfactory to the department that the property was not purchased for storage, use or other consumption in this state.”.
Senator McGinness moved the adoption of the amendment.
Remarks by Senator McGinness.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 266.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 322.
Amend section 1, page 1, line 10, by deleting “each” and inserting “a”.
Amend section 1, page 2, by deleting line 1 and inserting: “requested:
(a) A fee of $15 per document if one or two such documents are requested; and
(b) A fee of $5 for each additional such document requested at the same time,
except that no additional fee may be charged”.
Senator O’Donnell moved the adoption of the amendment.
Remarks by Senators O’Donnell and Coffin.
Amendment adopted.
Senator O’Donnell moved that Senate Bill No. 266 be re-referred to the Committee on Finance upon return from reprint.
Remarks by Senator O’Donnell.
Motion carried.
Bill ordered reprinted, engrossed and to the Committee on Finance.
Senate Bill No. 288.
Bill read second time.
The following amendment was proposed by the Committee on Finance:
Amendment No. 256.
Amend the bill as a whole by deleting section 1 and renumbering sections 2 and 3 as sections 1 and 2.
Amend sec. 2, page 1, line 15, by deleting “4” and inserting “3”.
Amend sec. 3, page 2, line 10, by deleting “4” and inserting “3”.
Amend the bill as a whole by deleting sec. 4 and adding new sections designated sections 3 through 5, following sec. 3, to read as follows:
“Sec. 3. Chapter 432B of NRS is hereby amended by adding thereto a new section to read as follows:
1. A county that is required to provide protective services to children in that county pursuant to NRS 432B.325 may enter into an agreement with the division of child and family services to establish a pilot program to provide continuity of care for children who receive protective services. A pilot program established pursuant to such an agreement may provide:
(a) For the county and the division of child and family services jointly to furnish services relating to the assessment of a child and planning for the provision of protective services to the child;
(b) For a child to be in the joint custody of the county and the division of child and family services;
(c) For continuity in the placement of a child in foster care;
(d) That the rate of payment by the county for foster care and shelter care must be equal to the rate of payment by the division of child and family services for foster care and shelter care;
(e) For continuity in the management of a case for the provision of protective services to a child; and
(f) For services designed to carry out a plan for the permanent placement of a child established pursuant to NRS 432B.590 or the Adoption and Safe Families Act of 1997, Public Law 105-89.
2. Notwithstanding any specific statute to the contrary, for the purpose of a pilot program established pursuant to an agreement entered into pursuant to this section, the division of child and family services may deviate from the rate of payment for foster care approved by the legislature.
Sec. 4. On or before November 30, 2000, the division of child and family services of the department of human resources shall submit a report to the director of the legislative counsel bureau for transmittal to the appropriate legislative committee. The report must include the following information for each agreement entered into pursuant to section 3 of this act:
1. The number of children involved in the pilot project established pursuant to the agreement;
2. A description of the services provided to those children that includes:
(a) The name of the agency that provided the services; and
(b) The costs incurred by the agency that provided the services;
3. If available, the disposition of the cases of those children; and
4. An analysis of the benefits, if any, to the children involved in the pilot project and to the families of those children.
Sec. 5. This act becomes effective on July 1, 1999.”.
Amend the bill as a whole by adding a preamble, immediately preceding the enacting clause, to read as follows:
“Whereas, The system for providing protective services for children in this state is bifurcated, with services being provided both by county agencies and the division of child and family services of the department of human resources; and
Whereas, There are disparities between the payments made to providers of those services by the county agencies and the division; and
Whereas, Because of such disparities and because the county agencies and the division contract with different providers of foster care, the placement of a child in foster care is frequently disrupted to place the child with a different provider of foster care; and
Whereas, Frequently changing the placement of children in foster care is not in the best interests of those children; and
Whereas, On November 19, 1997, Congress enacted the Adoption and Safe Families Act of 1997, which, as a condition to the receipt of federal money, requires a plan for the permanent placement of a child in foster care to be established no later than 12 months after a child has been placed in foster care; and
Whereas, To comply with this federal law requires diligent effort on the part of the county agencies and the division from the time that a child first enters the system for providing protective services; and
Whereas, The bifurcated system for providing protective services to children in this state does not uniformly provide the continuity in care and services that are necessary to establish a plan for the permanent placement of those children within the time frame required by federal law; now, therefore,”.
Amend the title of the bill to read as follows:
“AN ACT relating to the protection of children; authorizing certain counties that are required to provide protective services for children to enter into an agreement with the division of child and family services of the department of human resources to establish a pilot program to provide continuity of care for children who receive protective services; requiring the division to report to the legislature; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Authorizes certain counties to enter into agreement to establish pilot program to provide continuity of care for children who receive protective services. (BDR 38-1028)”.
Senator Raggio moved the adoption of the amendment.
Remarks by Senator Raggio.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 302.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 321.
Amend the bill as a whole by deleting sections 1 through 4 and adding new sections designated sections 1 and 2, following the enacting clause, to read as follows:
“Section 1. Chapter 405 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A gate that:
(a) Operates by mechanical power; and
(b) Provides access between a public highway and any property open to public entry,
must be equipped with an alarm that gives an audible warning before the gate opens or closes.
2. If the manufacturer of a gate on which an alarm is required pursuant to this section fails to comply with the provisions of subsection 1, that failure constitutes negligence per se in any action for the recovery of damages to a person or his property caused by the opening or closing of the gate.
3. If a gate on which an alarm is required pursuant to this section is within 100 feet of a dwelling, the alarm must not be louder than 60 decibels.
4. As used in this section, “property open to public entry” means property in private or public ownership onto which members of the public regularly enter, are reasonably likely to enter, or are invited or permitted to enter as invitees or licensees.
Sec. 2. 1. If a gate on which an alarm is required pursuant to section 1 of this act was installed before October 1, 1999, the alarm must be installed on or before January 1, 2000.
2. Subsection 2 of section 1 of this act does not apply to the manufacturer of a gate installed before October 1, 1999, if the manufacturer equips the gate as required pursuant to subsection 1 of that section on or before January 1, 2000.”.
Amend the title of the bill, second line, after “gates;” by inserting: “specifying the standard of liability for the manufacturer of a gate without the required alarm;”.
Amend the summary of the bill, first line, by deleting “(BDR 10-226)” and inserting “(BDR 35‑226)”.
Senator O’Donnell moved the adoption of the amendment.
Remarks by Senator O’Donnell.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 404.
Bill read second time.
The following amendment was proposed by the Committee on Finance:
Amendment No. 393.
Amend section 1, page 2, line 1, by deleting the period and inserting: “or until the surviving spouse remarries.”.
Senator Raggio moved the adoption of the amendment.
Remarks by Senator Raggio.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
GENERAL FILE AND THIRD READING
Senate Bill No. 157.
Bill read third time.
The following amendment was proposed by the Committee on Finance:
Amendment No. 392.
Amend the bill as a whole by renumbering sec. 5 as sec. 6 and adding a new section designated sec. 5, following sec. 4, to read as follows:
“Sec. 5. The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.”.
Senator Raggio moved the adoption of the amendment.
Remarks by Senator Raggio.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 168.
Bill read third time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 113.
Amend the bill as a whole by deleting sections 1 through 15 and inserting a new section designated section 1, following the enacting clause, to read as follows:
“Section 1. Chapter 408 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Any contract made or awarded by the department for the construction, improvement, maintenance or repair of a highway or an appurtenance to that highway may include a provision for the payment of an additional amount of money to the person with whom the contract is made or to whom it is awarded if he satisfactorily completes the construction, improvement, maintenance or repair of the highway or appurtenance before the date for completion of that construction, improvement, maintenance or repair set forth in the contract.
2. The amount of money to be paid pursuant to a provision included in a contract specified in subsection 1 and the date before which the work must be completed must be determined by the department.”.
Amend the title of the bill by deleting the first through fifth lines and inserting:
“AN ACT relating to highways; clarifying the authority of the department of transportation to include in a contract made or awarded for the construction, improvement, maintenance or repair of a highway or appurtenance to a highway a provision for the payment of an additional amount of”.
Amend the summary of the bill to read as follows:
“SUMMARY—Clarifies authority of department of transportation to pay incentive for early completion of construction, improvement, maintenance or repair of highway or appurtenance to highway. (BDR 35-1241)”.
Senator O’Donnell moved the adoption of the amendment.
Remarks by Senator O’Donnell.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 392.
Bill read third time.
Remarks by Senator Amodei.
Roll call on Senate Bill No. 392:
Yeas—19.
Nays—James.
Excused—Titus.
Senate Bill No. 392 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senator Raggio moved that the Senate recess until 4 p.m.
Motion carried.
Senate in recess at 12:32 p.m.
SENATE IN SESSION
At 4:06 p.m.
President Hunt presiding.
Quorum present.
REPORTS OF COMMITTEES
Madam President:
Your Committee on Finance, to which was referred Senate Bill No. 508, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
William J. Raggio, Chairman
Madam President:
Your Committee on Government Affairs, to which was referred Senate Bill No. 529, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also, your Committee on Government Affairs, to which were referred Senate Bills Nos. 68, 323, 366, 410, 457, 470, 471, 472, 528, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Ann O’Connell, Chairman
Madam President:
Your Committee on Human Resources and Facilities, to which were referred Senate Bills Nos. 289, 365, 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 Human Resources and Facilities, to which was referred Senate Bill No. 206, has had the same under consideration, and begs leave to report the same back with the recommendation: Re-refer to the Committee on Finance.
Raymond D. Rawson, Chairman
Madam President:
Your Committee on Natural Resources, to which were referred Senate Bills Nos. 330, 397, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Dean A. Rhoads, Chairman
MOTIONS, RESOLUTIONS AND NOTICES
Senator Rawson moved that Senate Bill No. 206 be re-referred to the Committee on Finance.
Remarks by Senator Rawson.
Motion carried.
SECOND READING AND AMENDMENT
Senate Bill No. 73.
Bill read second time.
The following amendment was proposed by the Committee on Human Resources and Facilities:
Amendment No. 449.
Amend section 1, page 1, line 7, by deleting “physician,”.
Amend section 1, page 1, by deleting lines 8 and 9 and inserting: “psychiatrist or psychologist who does not have a contractual [or business] relationship with or financial interest in the facility. The evaluation must:”.
Amend section 1, page 2, line 1, by deleting “physician,”.
Amend the title of the bill, second line, by deleting “physician;” and inserting: “psychiatrist or psychologist who does not have a contractual relationship with or financial interest in the facility;”.
Amend the summary of the bill, second line, by deleting “physician.” and inserting: “psychiatrist or psychologist who does not have contractual relationship with or financial interest in facility.”.
Senator Rawson moved the adoption of the amendment.
Remarks by Senator Rawson.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 165.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 318.
Amend section 1, page 1, line 2, by deleting “5,” and inserting “4,”.
Amend sec. 2, page 1, line 3, by deleting “5,” and inserting “4,”.
Amend sec. 3, page 1, line 8, by deleting “seven” and inserting “nine”.
Amend sec. 3, page 1, by deleting lines 10 through 14 and inserting: “fire service, public safety telecommunications or highway safety as follows:
(a) Two members from the field of law enforcement;
(b) Two members from the field of fire service;
(c) Two members from the field of public safety telecommunications;
(d) One member who is a dispatcher in the field of highway safety;
(e) One member who represents a community college; and
(f) One member from any field set forth in paragraph (a), (b), (c) or (d).”.
Amend sec. 4, page 2, line 10, by deleting “regulations establishing”.
Amend sec. 4, page 2, by deleting lines 12 through 20 and inserting:
“2. The director may adopt regulations necessary for the operation of the committee.”.
Amend the bill as a whole by deleting sec. 5 and renumbering sections 6 and 7 as sections 5 and 6.
Amend sec. 6, page 2, line 26, by deleting: “October 1, 1999,” and inserting: “June 1, 2000,”.
Amend sec. 6, page 2, by deleting lines 29 through 31 and inserting:
“1. Two members whose initial terms expire on June 30, 2001;
2. Four members whose initial terms expire on June 30, 2002; and
3. Three members whose initial terms expire on June 30, 2003.”.
Amend sec. 7, page 2, line 33, by deleting “regulations” and inserting “minimum standards”.
Amend sec. 7, page 2, line 34 by deleting: “December 1, 1999.” and inserting: “August 1, 2000.”.
Amend the bill as a whole by deleting sec. 8 and adding a new section designated sec. 7, following sec. 7, to read as follows:
“Sec. 7. This act becomes effective on June 1, 2000.”.
Senator O’Donnell moved the adoption of the amendment.
Remarks by Senator O’Donnell.
Amendment adopted.
Senator O’Donnell moved that Senate Bill No. 165 be re-referred to the Committee on Finance upon return from reprint.
Remarks by Senator O’Donnell.
Motion carried.
Bill ordered reprinted, engrossed and to the Committee on Finance.
Senate Bill No. 218.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 411.
Amend sec. 2, page 2, by deleting lines 26 through 35 and inserting: “family therapy. The application of [such] these principles includes:
[1. Therapy and]
(a) Diagnosis, therapy, treatment, counseling and the use of psychotherapeutic measures with persons or groups with adjustment problems in the areas of marriage, family or personal relationships.
[2. Doing research on]
(b) Conducting research concerning problems related to marital relationships and human behavior.
[3.] (c) Consultation with [others doing] other persons engaged in the practice of marriage and family therapy if the consultation is determined by the board to include the application of any of these principles.
2. The term does not include:
(a) The diagnosis or treatment of a psychotic disorder; or
(b) The use of a psychological or psychometric assessment test to determine intelligence, personality, aptitude, interests or addictions.”.
Amend the bill as a whole by deleting sec. 3 and renumbering sec. 4 as sec. 3.
Amend the title of the bill by deleting the fourth and fifth lines and inserting: “and papers; and providing other matters properly relating”.
Senator Carlton moved the adoption of the amendment.
Remarks by Senator Carlton.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 310.
Bill read second time.
The following amendment was proposed by the Committee on Natural Resources:
Amendment No. 271.
Amend section 1, page 1, line 2, by deleting “16,” and inserting “14,”.
Amend sec. 2, page 1, line 3, by deleting “16,” and inserting “14,”.
Amend sec. 2, page 1, lines 4 and 5, by deleting: “to 6, inclusive,” and inserting: “, 4 and 5”.
Amend sec. 3, page 1, line 8, by deleting “7” and inserting “6”.
Amend the bill as a whole by deleting sec. 5 and renumbering sections 6 through 10 as sections 5 through 9.
Amend sec. 7, page 2, line 7, after “board;” by inserting “and”.
Amend sec. 7, page 2, by deleting lines 8 through 15 and inserting:
“(b) The president of:
(1) The Nevada Cattlemen’s Association or its successor organization;
(2) The Nevada Woolgrowers’ Association or its successor organization; and
(3) The Nevada Farm Bureau or its successor organization.
Each member specified in this paragraph serves as an ex officio member of the commission.”.
Amend sec. 7, page 2, by deleting lines 26 through 31 and inserting:
“3. The president of the Nevada Cattlemen’s Association or its successor organization serves as the chairman of the commission. The members of the commission shall elect a vice chairman by a majority vote. After the initial election, the vice chairman serves in that office for a term of 1 year beginning on July 1 of each year. If a vacancy occurs in the vice chairmanship, the members of the commission shall elect a vice chairman from among its members to serve for the remainder of the unexpired term.”.
Amend sec. 7, page 2, line 38, after “commission,” by inserting: “and to the extent that money is available for that purpose from the fees collected pursuant to section 11 of this act,”.
Amend sec. 7, pages 2 and 3, by deleting lines 41 through 43 on page 2 and lines 1 through 16 on page 3, and inserting:
“7. The per diem allowance and travel expenses of a member of the commission must be paid from the fees collected pursuant to section 11 of this act.”.
Amend sec. 10, page 4, line 2, by deleting “16,” and inserting “14,”.
Amend the bill as a whole by deleting sec. 11 and renumbering sections 12 through 14 as sections 10 through 12.
Amend sec. 12, page 4, line 15, by deleting “16,” and inserting “14,”.
Amend sec. 12, page 4, line 17, by deleting “14” and inserting “12”.
Amend sec. 13, page 4, by deleting lines 19 through 22 and inserting:
“Sec. 11. 1. Except as otherwise provided in subsection 2, the commission shall, not later than January 15 of each year, charge and collect from each person who grazes cattle or sheep on grazing lands a fee of not less than 10 cents or more than 30 cents for each animal unit month that is allocated by the United States Forest Service or the Bureau of Land Management to that person for those cattle or sheep on those grazing lands for the immediately preceding year.
2. The commission may enter into an”.
Amend sec. 13, page 4, by deleting lines 39 through 41 and inserting:
“3. A person who pays the fee required by this section may, not earlier than January 15 of each year and not later”.
Amend sec. 13, page 5, line 6, by deleting “3.” and inserting “4.”.
Amend sec. 13, page 5, line 7, by deleting “one sheep” and inserting “its equivalent”.
Amend sec. 14, page 5, by deleting line 9 and inserting: “sections 10 and 11 of this act:”.
Amend sec. 14, page 5, line 13, by deleting “16,” and inserting “14,”.
Amend the bill as a whole by deleting sections 15 through 17 and adding new sections designated sections 13 and 14, following sec. 14, to read as follows:
“Sec. 13. 1. If a person fails to pay the fee required by section 11 of this act, the commission may provide a written notice of that fact to the attorney general or the district attorney of the county in which the person resides.
2. A person who fails to pay the fee required by section 11 of this act shall:
(a) For the first violation, pay a civil penalty of not more than $250.
(b) For the second violation, pay a civil penalty of not more than $500.
(c) For the third or subsequent violation, pay a civil penalty of not more than $750.
Sec. 14. The division of agriculture of the department of business and industry shall, within the resources available to it, provide administrative services to the commission to assist the commission in carrying out the provisions of sections 2 to 14, inclusive, of this act.”.
Amend the bill as a whole by renumbering sections 18 and 19 as sections 15 and 16.
Amend sec. 18, page 6, line 30, by deleting “7” and inserting “6”.
Amend sec. 19, page 7, line 3, by deleting “7” and inserting “6”.
Amend the title of the bill by deleting the second and third lines and inserting: “membership; prescribing its powers and duties; imposing a fee for certain animal unit months that are allocated to a person who grazes cattle or sheep on grazing lands;”.
Senator Rhoads moved the adoption of the amendment.
Remarks by Senator Rhoads.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 338.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 323.
Amend section 1, page 1, by deleting lines 12 through 15 and inserting: “designated for the handicapped which:
(a) Is designed for the exclusive use of a vehicle with a side-loading wheelchair lift; and
(b) Is located in a parking lot with 60 or more parking spaces,
must be indicated by a sign using a combination of words to state that the space is for the exclusive use of a vehicle with a side-loading wheelchair lift.
3. If a parking space is designed for the use of a vehicle with a side-loading wheelchair lift, the space which is immediately adjacent and intended for use in the loading and unloading of a wheelchair into or out of such a vehicle must be indicated by a sign:
(a) Stating “No Parking” or similar words which indicate that parking in such a space is prohibited;
(b) Stating “Minimum fine of $100 for violation” or similar words indicating that the minimum fine for parking in such a space is $100; and
(c) The bottom of which must not be less than 4 feet above the ground.”.
Amend section 1, page 1, line 16, by deleting “3.” and inserting “4.”.
Amend section 1, page 2, by deleting line 8 and inserting:
“[3.] 5. Except as otherwise provided in this subsection, a person shall not park a vehicle in a space that is reserved for the exclusive use of a vehicle with a side-loading wheelchair lift and is designated for the”.
Amend section 1, page 2, by deleting lines 13 through 25 and inserting: “in subsection 4; and
(c) The vehicle is equipped with a side-loading wheelchair lift.
A person who meets the requirements of paragraphs (a) and (b) may park a vehicle that is not equipped with a side-loading wheelchair lift in such a parking space if the space is in a parking lot with fewer than 60 parking spaces.
6. A person shall not park in a space which:
(a) Is immediately adjacent to a space designed for use by a vehicle with a side-loading wheelchair lift; and
(b) Is designated as a space in which parking is prohibited by a sign that meets the requirements of subsection 3,
whether on public or privately owned property.
7. A person shall not
use [such]
a plate or placard [for a vehicle] set forth in subsection 4
to park in a space designated for the handicapped unless he is a person with a
disability which limits or impairs the ability to walk, a disabled veteran or
the driver of a vehicle in which such a person is a passenger.
[4.]
8. A person who
violates any provision of this section is guilty of a misdemeanor and shall be
punished:
(a) Upon the first offense, by a fine of $100.
(b) Upon the second offense, by a fine of $250 and not less than 8 hours, but not more than 50 hours, of community service.
(c) Upon the third or subsequent offense, by a fine of not less than $500, but not more than $1,000 and not less than 25 hours, but not more than 100 hours, of community service.”.
Amend the bill as a whole by adding new sections designated sections 2 and 3, following section 1, to read as follows:
“Sec. 2. The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1999.
Sec. 3. This act becomes effective at 12:01 a.m. on October 1, 1999.”.
Amend the title of the bill, second line, after “vehicles;” by inserting: “prohibiting persons from parking in certain spaces; providing a penalty;”.
Senator O’Donnell moved the adoption of the amendment.
Remarks by Senator O’Donnell.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 346.
Bill read second time.
The following amendment was proposed by the Committee on Human Resources and Facilities:
Amendment No. 451.
Amend sec. 4, page
4, lines 6 and 7, by deleting: “[September
1] December 31”
and inserting: “[September]
July 1”.
Senator Rawson moved the adoption of the amendment.
Remarks by Senator Rawson.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 381.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 239.
Amend section 1, page 1, line 3, by deleting “A” and inserting: “Except as otherwise provided in subsection 2, a”.
Amend section 1, page 1, line 8, after “2.” by inserting: “A person or governmental entity may use or cause to be used an electronic device for the observation and detection of moving traffic violations and evidence obtained therefrom is admissible in a criminal or administrative hearing if, immediately after the electronic device observes or detects such a violation, a police officer:
(a) Stops the driver of the motor vehicle who is observed or detected committing the violation;
(b) Records the information described in subsection 1 of NRS 484.800 that identifies the driver of the motor vehicle; and
(c) Informs the driver of the motor vehicle that the driver will be issued a citation at that time or a later time.
3.”.
Amend section 1, page 2, line 1, by deleting “3.” and inserting “4.”.
Amend the title of the bill by deleting the second through fourth lines and inserting: “detection of moving traffic violations in certain circumstances; providing that evidence obtained through the use of such a device is not admissible in a criminal or administrative proceeding in certain circumstances; and providing other matters properly relating thereto.”.
Amend the summary of the bill, second line, by deleting “violations.” and inserting: “violations in certain circumstances.”.
Senator O’Donnell moved the adoption of the amendment.
Remarks by Senators O’Donnell, Neal, Raggio and James.
Amendment adopted.
Senators Neal and Carlton requested that their names be removed as sponsors of the bill.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 401.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 370.
Amend section 1, page 1, line 2, by deleting “32” and inserting “30”.
Amend section 1, page 1, line 3, by deleting “13” and inserting “11”.
Amend sec. 3, page 1, line 9, by deleting “$332,500” and inserting “$199,500”.
Senator James moved the adoption of the amendment.
Remarks by Senator James.
Amendment adopted.
Senator Raggio moved that Senate Bill No. 401 be re-referred to the Committee on Finance.
Remarks by Senator James.
Motion carried.
Bill ordered reprinted, engrossed and to the Committee on Finance.
Senate Bill No. 469.
Bill read second time.
The following amendment was proposed by the Committee on Human Resources and Facilities:
Amendment No. 450.
Amend section 1, page 1, line 7, by deleting “which” and inserting: “found to be closely related to mental retardation because the condition”.
Senator Rawson moved the adoption of the amendment.
Remarks by Senator Rawson.
Amendment adopted.
Senator Rawson moved that Senate Bill No. 469 be re-referred to the Committee on Finance upon return from reprint.
Remarks by Senator Rawson.
Motion carried.
Bill ordered reprinted, engrossed and to the Committee on Finance.
Senate Bill No. 479.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 371.
Amend the bill as a whole by deleting sections 1 through 3, renumbering sections 4 and 5 as sections 2 and 3 and adding a new section designated section 1, following the enacting clause, to read as follows:
“Section 1. Chapter 41A of NRS is hereby amended by adding thereto a new section to read as follows:
1. If a claimant is 70 years of age or older or suffers from an illness or condition which raises a substantial medical doubt that the claimant will survive until a determination is made by a screening panel, the claimant may file a written request with the division to give preference in scheduling the hearing of the claim filed by the claimant. The request must set forth facts showing that the claimant is 70 years of age or older or suffers from an illness or condition which raises a substantial medical doubt that the claimant will survive until a determination is made by a screening panel.
2. The division shall schedule the hearing of claims for which preference has been granted pursuant to subsection 1 based on the order in which the division received the requests for preference.”.
Amend the title of the bill to read as follows:
Senator James moved the adoption of the amendment.
Remarks by Senators James and Rawson.
Senator Rawson disclosed that he is a dentist.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 482.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 291.
Amend the bill as a whole by deleting section 1 and renumbering sec. 2 as section 1.
Amend sec. 2, page 2, by deleting lines 35 through 43 and inserting:
“(a) Is given to the person, his attorney of record or an attorney who claims to represent the person [and gives] ;
(b) Gives the person and the attorney who represents him not less than 5 judicial days in which to submit [his] to the district attorney a written request for the person to testify [to the district attorney; and
(b)] before the grand jury;
(c) Advises the person that he may testify before the grand jury only if he or the attorney who represents him submits a written request to the district attorney and includes an address where the district attorney may send a notice of the date, time and place of the scheduled proceeding of the grand jury[.] ; and
(d) Includes the following:
(1) A brief allegation of each offense for which the district attorney intends to seek an indictment by the grand jury;
(2) The period during which each such offense is alleged to have occurred; and
(3) If available, any reference numbers from investigative agencies concerning each such offense.”.
Amend the bill as a whole by adding a new section designated sec. 2, following sec. 2, to read as follows:
“Sec. 2. NRS 179.075 is hereby amended to read as follows:
179.075 1. The warrant may be executed and returned only within 10 days after its date.
2. The officer taking property under the warrant shall give to the person [from whom or] from whose possession or premises the property was taken a copy of the warrant and a receipt for the property taken or shall leave the copy and receipt at the place from which the property was taken.
3. The return [shall] must be made promptly and [shall] must be accompanied by a written inventory of any property taken. The inventory [shall] must be made in the presence of the applicant for the warrant and the person from whose possession or premises the property was taken, if they are present, or in the presence of at least one credible person other than the applicant for the warrant or the person from whose possession or premises the property was taken, and [shall] must be verified by the officer.
4. The magistrate shall upon request deliver a copy of the inventory to the person [from whom or] from whose possession or premises the property was taken and to the applicant for the warrant.
5. If the person from whose possession or premises the property was taken or his counsel provides reasonable notice, in writing, to the prosecuting attorney who represents the applicant for the warrant, the prosecuting attorney or the officer who took the property under the warrant shall permit the person, his counsel or a designee of the person or his counsel to inspect and to copy or photograph any property that:
(a) Was taken under the warrant;
(b) Is in the possession, custody or control of the state; and
(c) Is material to any pending grand jury proceeding or criminal action.
6. Any inspection, copying or photographing of property pursuant to subsection 5 must be done:
(a) Under secure circumstances and only by methods that preserve the integrity of the property as evidence; and
(b) At the expense of the person from whose possession or premises the property was taken.”.
Amend the title of the bill to read as follows:
“AN ACT relating to criminal procedure; revising the provisions relating to the notice that is provided to a person who is a target of a grand jury proceeding; allowing a person whose property has been taken pursuant to a search warrant to inspect and to copy or photograph such property under certain circumstances; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Revises various provisions relating to criminal procedure. (BDR 14‑1639)”.
Senator James moved the adoption of the amendment.
Remarks by Senator James.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 489.
Bill read second time.
The following amendment was proposed by the Committee on Human Resources and Facilities:
Amendment No. 531.
Amend section 1, page 1, by deleting lines 8 through 10 and inserting: “state schools in competitive leagues, but all post-season competition for Nevada championship status must be held within the State of Nevada and the association may provide separate trophies or awards to the teams from schools located in the State of Nevada that perform the best in the post-season competition.”.
Amend the title of the bill to read as follows:
“AN ACT relating to education; authorizing the association for interscholastic activities to include schools from other states in competitive leagues; requiring that all post-season competition for Nevada championship status be held within this state; authorizing the association to provide separate trophies or awards to the best teams in the competition that are located in this state; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Authorizes association for interscholastic activities to include schools from other states in competitive leagues and makes various changes concerning post-season competition for Nevada championship status. (BDR 34‑1630)”.
Senator Rawson moved the adoption of the amendment.
Remarks by Senator Rawson.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 492.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 369.
Amend the bill as a whole by deleting sections 1 and 2 and adding new sections designated sections 1 and 2, following the enacting clause, to read as follows:
“Section 1. NRS 17.115 is hereby amended to read as follows:
2. If] of the offer of judgment.
2. Except as otherwise provided in subsection 7, if, within 10 days after the date of service of an offer of judgment, the party to whom the offer was made serves written notice that the offer is accepted, the [judge of the court in which the action is pending] party who made the offer or the party who accepted the offer may file the offer, the notice of acceptance and proof of service with the clerk. Upon receipt by the clerk:
(a) The clerk shall enter judgment [accordingly.] according to the terms of the offer unless:
(1) A party who is required to pay the amount of the offer requests dismissal of the claim instead of entry of the judgment; and
(2) The party pays the amount of the offer within a reasonable time after the offer is accepted.
(b) Regardless of whether a judgment or dismissal is entered pursuant to paragraph (a), the court shall award costs in accordance with NRS 18.110 to each party who is entitled to be paid under the terms of the offer, unless the terms of the offer preclude a separate award of costs.
Any judgment entered pursuant to this section shall be deemed a compromise settlement.
3. If the offer of judgment is not accepted [before trial or] pursuant to subsection 2 within 10 days after [it is made, whichever occurs first, it] the date of service, the offer shall be deemed rejected by the party to whom it was made and withdrawn[, and cannot be given in evidence upon the trial.
4. If the party to whom the] by the party who made it. The rejection of an offer does not preclude any party from making another offer pursuant to this section. Evidence of a rejected offer is not admissible in any proceeding other than a proceeding to determine costs and fees.
4. Except as otherwise provided in this section, if a party who rejects an offer of judgment [is made] fails to obtain a more favorable judgment[, he cannot recover:
(a) Interest] , the court:
(a) May not award to the party any costs or attorney’s fees;
(b) May not award to the party any interest on the judgment for the period [between the time] from the date of service of the [summons and complaint and the time] offer to the date ofentry of the judgment; [or
(b) Costs or attorney’s fees,
and the court shall order him]
(c) Shall order the party to pay [to the party who made the offer that party’s] the taxable costs incurred [from the date of filing the complaint, and may order also a] by the party who made the offer; and
(d) May order the party to pay to the party who made the offer any or all of the following:
(1) A reasonable sum to cover any costs [of the services of expert witnesses who are not regular employees of any party actually incurred and] incurred by the party who made the offer for each expert witness whose services were reasonably necessary [in the preparation] to prepare for and conduct the trial ofthe case . [for trial by the prevailing party,]
(2) Any applicable interest on the judgment for the period from the [time] date of service of the offer to the [time] date of entry of the judgment . [and reasonable]
(3) Reasonable attorney’s fees incurred by the party [making] who made the offer for the period from the [time] date of service of the offer[.
5. Any taxable costs, attorney’s fees and interest which is not derived from an interest-bearing obligation which may have been awarded must not be considered to be part of the judgment when determining whether the judgment was more favorable than the rejected offer.
6.] to the date of entry of the judgment. If the attorney of the party [for whom the offer of judgment is] who made the offer is collecting a contingent fee , [for his services,] the amount of any attorney’s fees awarded to the party [for whom the offer is made] pursuant to this subparagraph must be deducted from that contingent fee.
[7. Any judgment entered pursuant to this section shall be deemed a compromise settlement.]
5. To determine whether a party who rejected an offer of judgment failed to obtain a more favorable judgment:
(a) If the offer provided that the court would award costs, the court must compare the principal amount of the judgment with the amount of the offer, without inclusion of costs.
(b) If the offer precluded a separate award of costs, the court must compare the principal amount of the judgment with the sum of:
(1) The amount of the offer; and
(2) The amount of taxable costs that the party to whom the offer was made incurred before the date of service of the offer.
6. Multiple parties may make a joint offer of judgment pursuant to this section.
7. A party may make to two or more other parties pursuant to this section an apportioned offer of judgment that is conditioned upon acceptance by all the parties to whom the apportioned offer is made. Each party to whom such an offer is made may serve upon the party who made the offer a separate written notice of acceptance of the offer. If any party rejects the apportioned offer:
(a) The action must proceed as to all parties to whom the apportioned offer was made, whether or not the other parties accepted or rejected the offer; and
(b) The sanctions set forth in subsection 4:
(1) Apply to each party who rejected the apportioned offer.
(2) Do not apply to any party who accepted the apportioned offer.
8. If the liability of one party to another party has been determined by verdict, order or judgment, but the amount or extent of the liability of the party remains to be determined by further proceedings, the party found liable may, not later than 10 days before commencement of the proceedings to determine the amount or extent of his liability, serve upon the party to whom he is liable a written offer of judgment. An offer of judgment made pursuant to this subsection shall be deemed to have the same effect as an offer of judgment made before trial.
9. The sanctions set forth in subsection 4 do not apply to:
(a) An offer of judgment made to multiple defendants unless the same person is authorized to decide whether to settle the claims against all the defendants to whom the offer is made and:
(1) There is a single common theory of liability against all the defendants to whom the offer is made;
(2) The liability of one or more of the defendants to whom the offer is made is entirely derivative of the liability of the remaining defendants to whom the offer is made; or
(3) The liability of all the defendants to whom the offer is made is entirely derivative of a common act or omission by another person.
(b) An offer of judgment made to multiple plaintiffs unless the same person is authorized to decide whether to settle the claims of all the plaintiffs to whom the offer is made and:
(1) There is a single common theory of liability claimed by all the plaintiffs to whom the offer is made;
(2) The damages claimed by one or more of the plaintiffs to whom the offer is made are entirely derivative of an injury to the remaining plaintiffs to whom the offer is made; or
(3) The damages claimed by all the plaintiffs to whom the offer is made are entirely derivative of an injury to another person.
Sec. 2. The amendatory provisions of this act do not apply to an offer of judgment that was made in a civil action before the effective date of this act.”.
Amend the title of the bill to read as follows:
“AN ACT relating to civil actions; revising the provisions governing an offer of judgment in a civil action; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Revises provisions governing offer of judgment in civil action. (BDR 2‑851)”.
Senator James moved the adoption of the amendment.
Remarks by Senator James.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 507.
Bill read second time.
The following amendment was proposed by the Committee on Finance:
Amendment No. 455.
Amend section 1, page 1, line 3, by deleting “$17,687” and inserting “$16,187”.
Senator Raggio moved the adoption of the amendment.
Remarks by Senator Raggio.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 515.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 426.
Amend the bill as a whole by deleting sec. 6 and adding new sections designated sections 6, 6.3 and 6.6, following section 5, to read as follows:
“Sec. 6. Chapter 179B of NRS is hereby amended by adding thereto the provisions set forth as sections 6.3 and 6.6 of this act.
Sec. 6.3. “Convicted” has the meaning ascribed to it in section 10.5 of this act.
Sec. 6.6. “Offender convicted of a crime against a child” has the meaning ascribed to it in section 17 of this act.”.
Amend sec. 7, page 6, line 8, by deleting “section 6” and inserting: “sections 6.3 and 6.6”.
Amend sec. 10, page 8, line 31, by deleting “11” and inserting “10.5”.
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. “Convicted” includes, but is not limited to, an adjudication of delinquency or a finding of guilt by a court having jurisdiction over juveniles if the adjudication of delinquency or the finding of guilt is for the commission of any of the following offenses:
1. A crime against a child that is listed in subsection 6 of NRS 179D.210.
2. A sexual offense that is listed in subsection 19 of NRS 179D.410.
3. A sexual offense that is listed in paragraph (b) of subsection 3 of NRS 62.600.”.
Amend sec. 17, page 9, by deleting lines 36 through 40 and inserting:
“Sec. 17. 1. “Offender convicted of a crime against a child” and “offender” mean a person who, after July 1, 1956, is or has been:
(a) Convicted of a crime against a child that is listed in NRS 179D.210; or
(b) Adjudicated delinquent or found guilty by a court having jurisdiction over juveniles of a crime against a child that is listed in subsection 6 of NRS 179D.210.
2. The term includes, but is not limited to, a nonresident offender who is a student or worker within this state.”.
Amend sec. 20, page 10, line 11, by deleting “11” and inserting “10.5”.
Amend the bill as a whole by adding a new section designated sec. 22.5, following sec. 22, to read as follows:
“Sec. 22.5. NRS 179D.210 is hereby amended to read as follows:
1. Kidnaping pursuant to NRS 200.310 to 200.340, inclusive, unless the offender is the parent of the victim.
2. False imprisonment pursuant to NRS 200.460, unless the offender is the parent of the victim.
3. An offense involving pandering or prostitution pursuant to NRS 201.300 to 201.340, inclusive.
4. An attempt to commit an offense listed in this section.
5. An offense committed in another jurisdiction that, if committed in this state, would be an offense listed in this section. This subsection includes, but is not limited to, an offense prosecuted in:
(a) A tribal court.
(b) A court of the United States or the Armed Forces of the United States.
6. An offense against a child committed in another jurisdiction, whether or not the offense would be an offense listed in this section, if the person who committed the offense resides or has resided or is or has been a student or worker in any jurisdiction in which the person is or has been required by the laws of that jurisdiction to register as an offender who has committed a crime against a child because of the offense. This subsection includes, but is not limited to, an offense prosecuted in:
(a) A tribal court.
(b) A court of the United States or the Armed Forces of the United States.
(c) A court having jurisdiction over juveniles.”.
Senator James moved the adoption of the amendment.
Remarks by Senator James.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 517.
Bill read second time.
The following amendment was proposed by the Committee on Finance:
Amendment No. 456.
Amend section 1, page 1, line 3, by deleting “$316,231” and inserting “$321,570”.
Senator Raggio moved the adoption of the amendment.
Remarks by Senator Raggio.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
GENERAL FILE AND THIRD READING
Senate Bill No. 61.
Bill read third time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 286.
Amend sec. 59, page 19, after line 42, by inserting:
“(j) “Street address” of a resident agent means the actual physical location in this state at which a resident agent is available for service of process.”.
Amend the bill as a whole by deleting sec. 94 and adding new sections designated sections 94 through 94.7, following sec. 93, to read as follows:
Sec. 94.1. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 94.4 and 94.7 of this act have the meanings ascribed to them in those sections.
Sec. 94.4. “Signed” means to have executed or adopted a name, word or mark, including, without limitation, an electronic symbol as described in NRS 239.042, with the present intention to authenticate a document.
Sec. 94.7. “Street address” of a resident agent means the actual physical location in this state at which a resident agent is available for service of process.”.
Amend the bill as a whole by deleting sec. 103 and adding new sections designated sections 103 through 103.7, following sec. 102, to read as follows:
Sec. 103.1. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 103.4 and 103.7 of this act have the meanings ascribed to them in those sections.
Sec. 103.4. “Signed” means to have executed or adopted a name, word or mark, including, without limitation, an electronic symbol as described in NRS 239.042, with the present intention to authenticate a document.
Sec. 103.7. “Street address” of a resident agent means the actual physical location in this state at which a resident agent is available for service of process.”.
Amend sec. 107, page 48, line 14, by deleting: “108 and 109” and inserting: “108, 109 and 109.5”.
Amend the bill as a whole by adding a new section designated sec. 109.5, following sec. 109, to read as follows:
“Sec. 109.5. “Street address” of a resident agent means the actual physical location in this state at which a resident agent is available for service of process.”.
Amend sec. 110, page 48, line 22, by deleting: “108 and 109” and inserting: “108, 109 and 109.5”.
Amend the bill as a whole by deleting sec. 124 and adding new sections designated sections 124 through 124.7, following sec. 123, to read as follows:
“Sec. 124. Chapter 84 of NRS is hereby amended by adding thereto the provisions set forth as sections 124.1, 124.4 and 124.7 of this act.
Sec. 124.1. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 124.4 and 124.7 of this act have the meanings ascribed to them in those sections.
Sec. 124.4. “Signed” means to have executed or adopted a name, word or mark, including, without limitation, an electronic symbol as described in NRS 239.042, with the present intention to authenticate a document.
Sec. 124.7. “Street address” of a resident agent means the actual physical location in this state at which a resident agent is available for service of process.”.
Amend the bill as a whole by adding a new section designated sec. 130.5, following sec. 130, to read as follows:
“Sec. 130.5. “Street address” of a resident agent means the actual physical location in this state at which a resident agent is available for service of process.”.
Amend sec. 134, page 59, line 36, by deleting: “129 and 130” and inserting: “129, 130 and 130.5”.
Amend sec. 148, page 66, after line 15, by inserting:
“10. “Street address” of a resident agent means the actual physical location in this state at which a resident agent is available for service of process.”.
Amend sec. 155, page 71, after line 12, by inserting:
“16. “Street address” of a resident agent means the actual physical location in this state at which a resident agent is available for service of process.”.
(a) In a county whose population is 400,000 or more:
(1) A copy of the most recent gaming enterprise district map that has been made available for public inspection pursuant to NRS 463.309 by the city or town in which the residence is located or, if the residence is not located in a city or town, by the county in which the residence is located; and
[(b)] (2) The location of the gaming enterprise district that is nearest to the residence, regardless of the jurisdiction in which the nearest gaming enterprise district is located[.
The seller shall retain a copy of the disclosure document which has been signed by the initial purchaser acknowledging the time and date of receipt by the initial purchaser of the original document.] ;
(b) The zoning classifications for the adjoining parcels of land;
(c) The designations in the master plan regarding land use, adopted pursuant to chapter 278 of NRS, for the adjoining parcels of land; and
(d) A statement with the following language:
Zoning classifications describe the land uses currently permitted on a parcel of land. Designations in the master plan regarding land use describe the land uses that the governing city or county proposes for a parcel of land. Zoning designations and designations in the master plan regarding land use are established and defined by local ordinances. If the zoning classification for a parcel of land is inconsistent with the designation in the master plan regarding land use for the parcel, the possibility exists that the zoning classification may be changed to be consistent with the designation in the master plan regarding land use for the parcel. Additionally, the local ordinances that establish and define the various zoning classifications and designations in the master plan regarding land use are also subject to change.
2. The information contained in the disclosure document required by subsection 1 must:
(a) Be updated no less than once every [4] 6 months;
(b) In a county whose population is 400,000 or more:
(1) Advise the initial purchaser that gaming enterprise districts are subject to change; and
(2) Provide the initial purchaser with instructions on how to obtain more current information regarding gaming enterprise districts;
(c) Advise the initial purchaser that zoning classifications and designations in the master plan regarding land use are subject to change; and
(d) Provide the initial purchaser with instructions on how to obtain more current information[.] regarding zoning classifications and designations in the master plan regarding land use.
3. The seller shall retain a copy of the disclosure document which has been signed by the initial purchaser acknowledging the time and date of receipt by the initial purchaser of the original document.
4. The initial purchaser of a residence may waive the 24-hour period required by subsection 1 if the seller provides the initial purchaser with the [information required by subsections 1 and 2] required disclosure document and the initial purchaser signs a written waiver. The seller shall retain a copy of the written waiver which has been signed by the initial purchaser acknowledging the time and date of receipt by the initial purchaser of the original document.
[4. Before the initial purchaser of a residence signs a sales agreement, the seller shall, by separate written document, disclose to him the zoning designations and the designations in the master plan regarding land use, adopted pursuant to chapter 278 of NRS for the adjoining parcels of land. If the]
5. If a residence is located within a subdivision, the disclosure must be made regarding all parcels of land adjoining the unit of the subdivision in which the residence is located. If the residence is located on land divided by a parcel map and not located within a subdivision, the disclosure must be made regarding all parcels of land adjoining the parcel map. Such a disclosure must be made regardless of whether the adjoining parcels are owned by the seller. [The seller shall retain a copy of the disclosure document which has been signed by the initial purchaser acknowledging the date of receipt by the initial purchaser of the original document.
5. The information contained in the disclosure document required by subsection 4 must:
(a) Be updated no less than once every 6 months, if the information is available from the local government;
(b) Advise the initial purchaser that the master plan and zoning ordinances and regulations adopted pursuant to the master plan are subject to change; and
(c) Provide the initial purchaser with instructions on how to obtain more current information.]
6. As used in this section, “seller” means a person who sells or attempts to sell any land or tract of land in this state which is divided or proposed to be divided over any period into two or more lots, parcels, units or interests, including, but not limited to, undivided interests, which are offered, known, designated or advertised as a common unit by a common name or as a part of a common promotional plan of advertising and sale.”.
Amend sec. 192, page 89, by deleting lines 29 and 30 and inserting:
“Sec. 192. 1. NRS 78.626, 78.627, 78.628 and 80.270 are hereby repealed.
2. Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14 of Senate Bill No. 19 of this session are hereby repealed.”.
Amend the text of repealed sections by adding the text of sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14 of Senate Bill No. 19 of this session.
Senator James moved the adoption of the amendment.
Remarks by Senator James.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
UNFINISHED BUSINESS
Signing of Bills and Resolutions
There being no objections, the President and Secretary signed Senate Concurrent Resolution No. 29; Assembly Bill No. 58; Assembly Concurrent Resolution No. 45.
Senator Raggio moved that the Senate adjourn until Tuesday, April 13, 1999 at 11 a.m. and that it do so in memory of Ben Stepman as requested by Senator Porter.
Motion carried.
Senate adjourned at 5:01 p.m.
Approved: Lorraine T. Hunt
President of the Senate
Attest: Janice L. Thomas