THE SEVENTY-FOURTH DAY
Carson City(Thursday), April 15, 1999
Senate called to order at 11:20 a.m.
President Hunt presiding.
Roll called.
All present.
Prayer by the Chaplain, Pastor Richard Campbell.
The earth is Yours and all that is in it: The beasts of the field, the birds of the air and the fish of the sea. You have made us temporary custodians of Your creation. We thank You for Your trust. Judge and forgive us when we turn away from You. Deliver us from brassy patriotism and a blind trust in power: From deceptions that weaken trust: From self-seeking: From divisions of class and race: From wealth that will not share and from poverty that feeds on bitterness: From overlooking the hurt and the needy. Eternal God: Give us a glimpse of the world You would have for us and the courage and strength to strive for it. Be with us and bless this Senate as they deliberate today. Hear our prayer as we give it in Your Name and to Your 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 Government Affairs, to which were referred Senate Bills Nos. 407, 408, 433, 455, 475, 501, 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 was referred Senate Joint Resolution No. 8, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Raymond D. Rawson, Chairman
Madam President:
Your Committee on Judiciary, to which were referred Senate Bills Nos. 192, 481, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Mark A. James, Chairman
MESSAGES FROM THE ASSEMBLY
Assembly Chamber, Carson City, April 14, 1999
To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bills Nos. 76, 163, 182, 282, 349, 406, 429, 457, 522, 528, 531, 543, 617, 666.
Also, I have the honor to inform your honorable body that the Assembly on this day passed Assembly Bill No. 661.
Susan Furlong Reil
Assistant Chief Clerk of the Assembly
MOTIONS, RESOLUTIONS AND NOTICES
By Senators Raggio, Amodei, Care, Carlton, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Rawson, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington, Wiener and Assemblymen Humke, Anderson, Angle, Arberry, Bache, Beers, Berman, Brower, Buckley, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Dini, Evans, Freeman, Gibbons, Giunchigliani, Goldwater, Gustavson, Hettrick, Koivisto, Lee, Leslie, Manendo, Marvel, McClain, Mortenson, Neighbors, Nolan, Ohrenschall, Parks, Parnell, Perkins, Price, Segerblom, Thomas, Tiffany, Von Tobel and Williams:
Senate Concurrent Resolution No. 31—Memorializing prominent native Nevadan, George J. Vucanovich.
Whereas, The members of this legislative body note with sadness the passing of George J. Vucanovich on December 19, 1998; and
Whereas, George J. Vucanovich was born April 29, 1927, in Tonopah, Nevada, grew up in Round Mountain and graduated from Tonopah High School in 1944; and
Whereas, George Vucanovich attended the University of Nevada where he was a member of the basketball and football teams and graduated in 1950 with a degree in business administration; and
Whereas, When George Vucanovich married Barbara Dillon in 1965, he took on the responsibility of helping raise her five children and was a “wonderful father” according to his stepdaughter, Patty Cafferata; and
Whereas, The business career of George Vucanovich included work as an accountant and comptroller for several businesses, including Bally Distributing of Nevada Inc. where he also served as Vice President from 1980 to 1984; and
Whereas, George Vucanovich played an active role in the community, including his membership on the board of directors of the Nevada State Fair from 1978 to 1981, the YMCA from 1978 to 1981 and the Reno Chamber of Commerce from 1980 to 1983; and
Whereas, George Vucanovich was on the founders board of the Truckee Meadows Boys and Girls Club, was active in the Reno Air Racing Association from 1968 to 1992 and was involved in numerous other community service organizations; and
Whereas, George Vucanovich also volunteered his time as a search pilot with the Northern Nevada aero squadron and the Reno Composite Squadron Civil Air Patrol which presented him with its Red Baron Award in 1983; and
Whereas, George Vucanovich is survived by his wife, Barbara, a sister, Violet Heath of Roseville, California, a brother, John Susich of Carson City, a son, Craig Vucanovich of Reno, stepdaughters, Patricia Dillon Cafferata and Susan Dillon Anderson of Reno and Daryn Potter of Sparks, stepsons, Kenneth Dillon of Reno and Thomas Dillon of Cincinnati, Ohio, and a number of grandchildren and great-grandchildren; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 70th session of the Nevada Legislature express their heartfelt sympathy and sincere condolences to the family of George J. Vucanovich; and be it further
Resolved, That George Vucanovich will long be remembered for the many ways he so generously gave his time and energy to make life safer and more enjoyable for the residents of this state; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to his wife, Barbara, his son, Craig, and his stepchildren, Patty, Susan, Daryn, Kenneth and Thomas.
Senator Raggio moved the adoption of the resolution.
Remarks by Senators Raggio, Jacobsen, O’Donnell and Mathews.
Senator Raggio requested that the following remarks be entered in the Journal.
Senator Raggio:
We are in a very busy week as we try to meet our deadline for getting bills from one house to the other. But I think it is also appropriate that we take a few minutes to memorialize a prominent native Nevadan who was also extremely busy in his life. George Vucanovich was known to probably all of us in this house. All of us who have been in politics for any length of time whatever our party affiliation or having been involved in city or community affairs knew him because George Vucanovich during all of his lifetime was a participant. George came from a small town, Tonopah, in the center of our State. He went to the University of Nevada in Reno where he was a prominent athlete as well as a good student. He graduated in 1950 with a degree in Business Administration and went on to establish himself as a prominent and contributing member of the business community. He was with the Bally Distributing Company in its early years and ended up as one of its officials as a vice president and during all of that time found time to be involved with the affairs of the community in which he lived.
You can read from the resolution just how active he was. He was a search pilot with the Aero-Squadron. They gave him their prestigious award called the Red Baron Award. He was active in boys’ and girls’ clubs and was one of those who helped to found that endeavor. His interest in young people was very evident. George’s whole life changed dramatically in 1982 because he took on a new career of being the spouse of Barbara who served in Congress for so many years as one of our highly respected Representatives. His new career became that of a partner to Congresswoman Barbara Vucanovich. I think that everyone thought that we didn’t just elect Barbara as our Congresswoman for this State, we elected a team. I think that was very evident during all the time they lived together that they were a team.
George was as much a contributor to the future of this State in his capacity as the husband and supporter of Barbara as she was in her role as the elected Representative in this State. It was with a great deal of sadness that we learned of his death last December. It came just before the Christmas season and at a time when Barbara had made the decision to retire. Fortunately, they had some time to really enjoy this freedom from some of that Congressional responsibility. I know they took full advantage of it because you could never find them. They were always out golfing, travelling or something else. They were the ideal couple. Together they served this State very well. Their contributions as husband and wife, Congresswoman and supporter really meant a great deal to this State. It is fitting today that we recognize his contribution along with those of Barbara. I would ask that you join with our colleagues in the Assembly today as we honor and pay tribute to the memory of George Vucanovich. In closing, let me indicate that George Vucanovich was probably one of the most likeable people that I have ever known. You found it hard to ever get mad at George mostly because he never had to take positions. He would let Barbara take the positions. He was just one of those kind of guys. He was a man’s man. He was a person that the ladies certainly appreciated, and I know that his loss is a real loss for all of us.
Senator Jacobsen:
It is just so pleasing to see Barbara and Patty here this morning. I realize these occasions are now happy ones. George Vucanovich was what I would term as “grass roots.” In the rural area we talk about grass roots and that is where grass grows on its own and needs very little prompting. I think Senator Raggio has really covered all the aspects. I guess I always felt as he does that George was special because he was so easy to get along with. I have to relate that to my wife as I always indicate to her that she is the politician and I am the slave. I don’t know whether that is true in Barbara’s case or not but I can say this, that George was always there when Barbara needed him. He was an excellent father and was one of those people who always had a concern for everyone. He was very friendly, very accommodating just one of those super people that you have occasion to meet. As we grow older, there are not too many of those people around anymore that don’t have a chip on their shoulder or some problem. George would fit into any situation. He had that kind of ability to be friendly. I think that is exhibited today with his wife, Barbara, and with Patty. Barbara has always been a favorite of mine, and I think perhaps because I like to give her a kiss, and I appreciate that fact that she has that kind of intimate approach. George just fit in wherever you put him. He was never a slave to anyone or anything. He was his own person and was one of God’s great creations.
Senator O’Donnell:
Thank you, Madam President. I knew George over the years during the campaign cycle. I must say that George was always very supportive. Sometimes people leave a legacy of example. I think that is what George did. George was a great example. I can tell you that if my wife ever decided or is in the future going to decide that she is going to run for public office, I only hope that I could emulate George and be as supportive as George was to Barbara. I only hope that I could be as much support to my wife if she ever decided to run. That is his legacy and my memory, and I appreciate all of you being here.
Senator Mathews:
Thank you, Madam President. I knew George and Barbara for a long time and just felt like they were friends. He liked the common man. When he first met me, he treated me like I was Queen Ann, and I enjoyed that. He would take those skycaps on curb at the airport and treated them like they were the president of the airline. You have never seen anyone who was as good with people who were servant to him as he was to people who were his peers. I always admired him for that. They would see him coming. He would not even have a bag to check. They would see him coming and catch him so they could help him with that one bag he was pulling to the gate only because he was so nice to them. They would spend hours wanting to talk to him. I said, you don’t have time to do that. He was always willing to stop and talk to them. Barbara, we miss him, and I know you miss him too.
Resolution adopted.
Senator Raggio moved that all rules be suspended and that Senate Concurrent Resolution No. 31 be immediately transmitted to the Assembly.
Motion carried unanimously.
Senator Raggio moved that the Senate recess subject to the call of the Chair.
Motion carried.
Senate in recess at 11:43 a.m.
SENATE IN SESSION
At 11:49 a.m.
President Hunt presiding.
Quorum present.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Raggio moved that Senate Bills Nos. 192, 407, 408, 433, 455, 475, 481, 501 and Senate Joint Resolution No. 8 be placed on the Second Reading File on the Second Agenda.
Remarks by Senator Raggio.
Motion carried.
Assembly Concurrent Resolution No.4.
Senator James moved the adoption of the resolution.
Remarks by Senator James.
Resolution adopted.
Senator James moved that Senate Bill No. 484 be taken from the Secretary’s desk and placed on the General File.
Remarks by Senator James.
Motion carried.
Senator Washington moved that Senate Bill No. 273 be taken from the Secretary’s desk and placed on the bottom of the Second Reading File.
Remarks by Senator Washington.
Motion carried.
Senator Raggio moved that Senate Bill No. 91 be taken from the Secretary’s desk and re-referred to the Committee on Finance.
Remarks by Senator Raggio.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
Assembly Bill No. 76.
Senator Rawson moved that the bill be referred to the Committee on Transportation.
Motion carried.
Assembly Bill No. 163.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Assembly Bill No. 182.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 282.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 349.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 406.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 429.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
Assembly Bill No. 457.
Senator Rawson moved that the bill be referred to the Committee on Transportation.
Motion carried.
Assembly Bill No. 522.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 528.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 531.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
Assembly Bill No. 543.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 617.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 661.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
Assembly Bill No. 666.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
CONSENT CALENDAR
Assembly Bills Nos. 122, 140, 305.
Bills read by number.
Roll call on Assembly Bills Nos. 122, 140, 305:
Yeas—21.
Nays—None.
Assembly Bills Nos. 122, 140, 305 having received a constitutional majority, Madam President declared them passed.
Bills ordered transmitted to the Assembly.
SECOND READING AND AMENDMENT
Senate Bill No. 356.
Bill read second time and ordered to third reading.
Senate Bill No. 273.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 287.
Amend the bill as a whole by deleting section 1 and renumbering sec. 2 as section 1.
Amend the bill as a whole by deleting sections 3 through 16, renumbering sections 17 and 18 as sections 5 and 6, and adding new sections designated sections 2 through 4, following sec. 2, to read as follows:
“Sec. 2. NRS 178.509 is hereby amended to read as follows:
(a) The defendant appears before the court and the court, upon hearing the matter, determines that the defendant has presented a satisfactory excuse or that the surety did not in any way cause or aid the absence of the defendant; or
(b) The surety submits an application for exoneration on the ground that the defendant is unable to appear because[:
(1) He is] the defendant:
(1) Is dead;
(2) [He is] Is ill;
(3) [He is insane; or
(4) He is] Is insane;
(4) Is being detained by civil or military authorities[,] ; or
(5) Has been deported,
and the court, upon hearing the matter, determines that one or more of the grounds described in this paragraph exist and that the surety did not in any way cause or aid the absence of the defendant.
2. If the requirements of subsection 1 are met, the court may exonerate the surety upon such terms as may be just.
3. The court shall not exclude any period of time from the running of the 180 days following mailing of the notice of intent to forfeit unless the defendant or the surety submits an application for the exclusion of time from that 180-day period on the ground that the defendant is temporarily prevented from appearing before the court because:
(a) He is ill;
(b) He is insane; or
(c) He is being detained by civil or military authorities,
and the court, upon hearing the matter, determines that one or more of the grounds described in this subsection exist and that the surety did not in any way cause or aid the absence of the defendant. If the requirements of this subsection are met, the court may exclude from the 180-day period such time as it determines to be necessary and just. The court may include, as part of the total time excluded from the running of the 180 days, a reasonable period for the defendant’s return to the court upon termination of the temporary disability if it determines that the additional period is necessary.
Sec. 3. NRS 178.512 is hereby amended to read as follows:
178.512 The court shall not set aside a forfeiture unless:
1. The surety submits an application to set it aside on the ground that the defendant:
(a) Has appeared before the court since the date of the forfeiture and has presented a satisfactory excuse for his absence;
(b) Was dead before the date of the forfeiture but the surety did not know and could not reasonably have known of his death before that date;
(c) Was unable to appear before the court before the date of the forfeiture because of his illness or his insanity, but the surety did not know and could not reasonably have known of his illness or insanity before that date; [or]
(d) Was unable to appear before the court before the date of the forfeiture because he was being detained by civil or military authorities, but the surety did not know and could not reasonably have known of his detention before that date[,] ; or
(e) Was unable to appear before the court before the date of the forfeiture because he was deported, but the surety did not know and could not reasonably have known of his deportation before that date,
and the court, upon hearing the matter, determines that one or more of the grounds described in this subsection exist and that the surety did not in any way cause or aid the absence of the defendant; and
2. The court determines that justice does not require the enforcement of the forfeiture.
Sec. 4. NRS 178.526 is hereby amended to read as follows:
(a) Written authorization for the arrest of the defendant attached to a copy of the undertaking; or
(b) A written authority endorsed on a certified copy of the undertaking,
cause the defendant to be arrested by a bail agent or bail enforcement agent who is licensed pursuant to chapter 697 of NRS.
2. A bail agent or bail enforcement agent who arrests a defendant in this state or any other jurisdiction is not acting for or on behalf of this state or any of its political subdivisions.”.
Amend the title of the bill to read as follows:
Senator Washington moved the adoption of the amendment.
Remarks by Senator Washington.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
GENERAL FILE AND THIRD READING
Senate Bill No. 42.
Bill read third time.
Roll call on Senate Bill No. 42:
Yeas—21.
Nays—None.
Senate Bill No. 42 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 44.
Bill read third time.
Conflict of interest declared by Senator Porter.
Roll call on Senate Bill No. 44:
Yeas—19.
Nays—None.
Not Voting—Porter, Washington—2.
Senate Bill No. 44 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 45.
Bill read third time.
Roll call on Senate Bill No. 45:
Yeas—20.
Nays—None.
Not Voting—Coffin.
Senate Bill No. 45 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 55.
Bill read third time.
Roll call on Senate Bill No. 55:
Yeas—20.
Nays—Neal.
Senate Bill No. 55 having received a two-thirds majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 75.
Bill read third time.
Remarks by Senators Neal, Townsend and Titus.
Conflict of interest declared by Senator Porter.
Roll call on Senate Bill No. 75:
Yeas—13.
Nays—Care, Carlton, Mathews, Neal, Titus, Wiener—6.
Not Voting—Coffin, Porter—2.
Senate Bill No. 75 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 132.
Bill read third time.
Remarks by Senator Townsend.
Roll call on Senate Bill No. 132:
Yeas—21.
Nays—None.
Senate Bill No. 132 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 210.
Bill read third time.
Roll call on Senate Bill No. 210:
Yeas—21.
Nays—None.
Senate Bill No. 210 having received a two-thirds majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 216.
Bill read third time.
Roll call on Senate Bill No. 216:
Yeas—21.
Nays—None.
Senate Bill No. 216 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 334.
Bill read third time.
Roll call on Senate Bill No. 334:
Yeas—20.
Nays—Carlton.
Senate Bill No. 334 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 336.
Bill read third time.
Remarks by Senators Neal, O’Donnell and Coffin.
Roll call on Senate Bill No. 336:
Yeas—19.
Nays—Coffin, Neal—2.
Senate Bill No. 336 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 365.
Bill read third time.
Remarks by Senator Amodei.
Roll call on Senate Bill No. 365:
Yeas—21.
Nays—None.
Senate Bill No. 365 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 374.
Bill read third time.
Remarks by Senators Coffin and Townsend.
Conflict of interest declared by Senator Porter.
Roll call on Senate Bill No. 374:
Yeas—18.
Nays—None.
Not Voting—Coffin, Porter, Washington—3.
Senate Bill No. 374 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 379.
Bill read third time.
Roll call on Senate Bill No. 379:
Yeas—21.
Nays—None.
Senate Bill No. 379 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 387.
Bill read third time.
Remarks by Senators Shaffer and O’Donnell.
Roll call on Senate Bill No. 387:
Yeas—12.
Nays—Carlton, Coffin, Jacobsen, James, Neal, Rhoads, Schneider, Shaffer, Wiener—9.
Senate Bill No. 387 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 403.
Bill read third time.
Remarks by Senators Washington, Titus and McGinness.
Roll call on Senate Bill No. 403:
Yeas—14.
Nays—Amodei, Care, Carlton, James, Mathews, Titus, Wiener—7.
Senate Bill No. 403 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 1:30 p.m.
Motion carried.
Senate in recess at 1:04 p.m.
SENATE IN SESSION
At 1:53 p.m.
President Hunt presiding.
Quorum present.
GENERAL FILE AND THIRD READING
Senate Bill No. 418.
Bill read third time.
Remarks by Senators O’Donnell and Titus.
Roll call on Senate Bill No. 418:
Yeas—21.
Nays—None.
Senate Bill No. 418 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 431.
Bill read third time.
Roll call on Senate Bill No. 431:
Yeas—21.
Nays—None.
Senate Bill No. 431 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 435.
Bill read third time.
Roll call on Senate Bill No. 435:
Yeas—21.
Nays—None.
Senate Bill No. 435 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 437.
Bill read third time.
Remarks by Senator James.
Senator James requested that his remarks be entered in the Journal.
I represented a contractor who was caught in the interpretation of this bill. That case is now pending in the court. I think it is about to go to the Supreme Court. Just for the record, whatever change we make would not apply to that client. Therefore, this does not cause me any conflict. If I represent future clients in the future, they will all be treated however we act on this bill. Because there has been so much litigation over the bidders’ preference, I do not believe that it is possible for us to draft a statute that won’t be litigated. I know this committee has done a very good job that will be subject to the plain meaning rule which says that the courts will look at the plain meaning of the language adopted by the Legislature before they will ever go behind that language and look at the legislative intent. However, I believe that whatever we pass today will be subject to interpretation, and they will someday be reading this record to decide what the legislative intent was. For that purpose, I think it is important for at least some of us who are studying this and others to talk about that. If you look on page 4, subsection b, it says that you can get the bidders’ preference if a company that has the bidders’ preference (which would be a certificate given to you by the Contractors’ Board) if you acquire by inheritance, gift or transfer through a stock option plan for employees, all of the assets and liabilities of a viable operating construction firm that has those two things: a general contractors’ license, number one, and a certificate, the new certificate that we are creating here today, number two. The committee can clarify if I am wrong, but to me, that means two things: first of all, if you want to buy the bidders’ preference from a company that has it, such as an out-of-state firm come to Nevada and wants to buy the bidders’ preference, you cannot buy the corporate shell, have them strip all their liabilities and assets into another company and just buy the bidders’ preference. You have to buy all their assets and liabilities and assume all their liabilities and contracts and everything and actually operate that company continuing as a Nevada company. Then it is appropriate to give the bidders’ preference. Number two, you have to acquire the company either by inheritance, gift or transfer through a stock option plan for employees; you cannot do it any other way. Those are the only options that they give you. If you just buy the stock that is not good enough. It has to be through a stock option plan for employees or by inheritance or by gift, but the transfer is limited to that. If that is the limitations we are adopting here, I think that it is very good, is a wonderful bill and is salutary because it is going to limit this bidders’ preference to truly Nevada firms who are entitled to this preference as a matter of policy of this Legislature.
Roll call on Senate Bill No. 437:
Yeas—21.
Nays—None.
Senate Bill No. 437 having received a two-thirds majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 450.
Bill read third time.
Remarks by Senators O’Donnell, Porter, Titus and Coffin.
Senator Porter moved that Senate Bill No. 450 be taken from the General File and placed on the General File for the next legislative day.
Motion carried.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Raggio moved that Senate Bill No. 521 be taken from the General File and placed on the General File on the Second Agenda.
Remarks by Senator Raggio.
Motion carried.
GENERAL FILE AND THIRD READING
Senate Bill No. 522.
Bill read third time.
Roll call on Senate Bill No. 522:
Yeas—21.
Nays—None.
Senate Bill No. 522 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Senate Bill No. 535.
Bill read third time.
Roll call on Senate Bill No. 535:
Yeas—21.
Nays—None.
Senate Bill No. 535 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 542.
Bill read third time.
Roll call on Senate Bill No. 542:
Yeas—21.
Nays—None.
Senate Bill No. 542 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 353.
Bill read third time.
Remarks by Senators Neal and James.
Roll call on Assembly Bill No. 353:
Yeas—21.
Nays—None.
Assembly Bill No. 353 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Senate Bill No. 484.
Bill read third time.
Roll call on Senate Bill No. 484:
Yeas—19.
Nays—Care, O’Connell—2.
Senate Bill No. 484 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
MOTIONS, RESOLUTIONS AND NOTICES
Senator McGinness moved that Senate Bill No. 179 be taken from the Secretary’s desk and placed on the Second Reading File on the Second Agenda.
Remarks by Senator McGinness.
Motion carried.
REPORTS OF COMMITTEES
Madam President:
Your Committee on Transportation, to which were referred Senate Bills Nos. 267, 337, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
William O’Donnell, Chairman
MOTIONS, RESOLUTIONS AND NOTICES
Senator Raggio moved that Senate Bills Nos. 267, 337, be placed on the Second Reading File on the Second Agenda.
Remarks by Senator Raggio.
Motion carried.
SECOND READING AND AMENDMENT
Senate Bill No. 192.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 544.
Amend the bill as a whole by deleting sections 1 through 10 and adding new sections designated sections 1 through 10, following the enacting clause, to read as follows:
Sec. 2. Notwithstanding any provision of the governing documents to the contrary, in a planned community, an association may not:
1. With respect to property located within the planned community that is not a unit:
(a) Prohibit or otherwise object to any residential use of the property unless such use violates any applicable zoning regulations or restrictions.
(b) Adopt any restrictions on the residential use of the property that are inconsistent with any applicable zoning regulations or restrictions.
(c) Prohibit pedestrian or vehicular ingress or egress to the property. This paragraph does not prohibit an association from charging the owner of the property a reasonable and nondiscriminatory fee for the purpose of operating and maintaining a gate or other similar device designed to control access to the community that would otherwise impede ingress or egress to the property.
2. Construct a maintenance facility at a location that is not consistent with the master plan for the community unless the association obtains the written consent of all units’ owners whose property is located within 500 feet of the proposed facility. Notwithstanding any provision of law, a governmental entity shall not issue any permit for the construction of a maintenance facility described in this subsection unless the governmental entity first receives written evidence of compliance with this subsection.
Sec. 3. Notwithstanding any provision of the governing documents to the contrary:
1. An officer of the association or a member of the executive board shall serve for a term not to exceed 2 years.
2. An officer of the association or a member of the executive board may be elected to succeed himself.
Sec. 4. Notwithstanding any provision of the governing documents to the contrary:
1. Each meeting of an association must be conducted in accordance with the provisions of chapter 241 of NRS.
2. The proceedings at any meeting of an association must be governed by Roberts Rules of Order.
Sec. 5. NRS 116.11038 is hereby amended to read as follows:
Sec. 6. NRS 116.2116 is hereby amended to read as follows:
2. In a planned community, subject to the provisions of paragraph (f) of subsection 1 of NRS 116.3102 and NRS 116.3112, the units’ owners have an easement:
(a) In the common elements for purposes of access to their units; and
(b) To use the common elements and all real estate that must become common elements (paragraph (f) of subsection 1 of NRS 116.2105) for all other purposes.
3. Within the Lake Tahoe Watershed, unless the terms of an easement in favor of an association specifically prohibit the construction of a pier, dock or other similar recreational facility, if the owner of the servient estate has obtained a permit pursuant to NRS 445A.170 for the construction of a pier, dock or other similar recreational facility, the owner may construct a pier, dock or other similar recreational facility without obtaining any other approval. As used in this subsection, “Lake Tahoe Watershed” means all of that area draining in the Lake Tahoe Basin and Lake Tahoe in Nevada.
Sec. 7. NRS 116.21185 is hereby amended to read as follows:
1. Except as otherwise provided in subsection 2, the respective interests of units’ owners are the fair market values of their units, allocated interests, and any limited common elements immediately before the termination, as determined by one or more independent appraisers selected by the association. The decision of the independent appraisers must be distributed to the units’ owners and becomes final [unless disapproved] if approved within 30 days after distribution by units’ owners to whom [25] 75 percent of the votes in the association are allocated. The proportion of interest of any unit’s owner to that of all units’ owners is determined by dividing the fair market value of that unit and its allocated interests by the total fair market values of all the units and their allocated interests.
2. If any unit or any limited common element is destroyed to the extent that an appraisal of the fair market value [thereto] of the unit or limited common element before destruction cannot be made, the interests of all units’ owners are:
(a) In a condominium, their respective interests in the common elements immediately before the termination;
(b) In a cooperative, their respective ownerships immediately before the termination; and
(c) In a planned community, their respective liabilities for common expenses immediately before the termination.
Sec. 8. NRS 116.3103 is hereby amended to read as follows:
2. The executive board may not act on behalf of the association to amend the declaration (NRS 116.2117), to terminate the common-interest community (NRS 116.2118), [or] to elect members of the executive board or determine their qualifications, powers and duties or terms of office (subsection 1 of NRS 116.31034)[,] or to make assessments for common expenses, but the executive board may fill vacancies in its membership for the unexpired portion of any term.
3. Within 30 days after adoption of any proposed budget for the common-interest community, the executive board shall provide a summary of the budget to all the units’ owners, and shall set a date for a meeting of the units’ owners to consider ratification of the budget not less than 14 nor more than 30 days after mailing of the summary. [Unless at that meeting a majority of all units’ owners or any larger vote specified in the declaration reject the budget, the budget is ratified, whether or not] The units’ owners must ratify the budget by at least a two‑thirds vote of all persons present and entitled to vote at any meeting of the units’ owners at which a quorum is present. If the proposed budget is [rejected,] not ratified, the periodic budget last ratified by the units’ owners must be continued until such time as the units’ owners ratify a subsequent budget proposed by the executive board.
Sec. 9. NRS 116.31034 is hereby amended to read as follows:
(a) Votes may not be cast by proxy; and
(b) Units’ owners must be allowed to cast votes by absent ballot.
2. An officer, employee, agent or director of a corporate owner of a unit, a trustee or designated beneficiary of a trust that owns a unit, a partner of a partnership that owns a unit, and a fiduciary of an estate that owns a unit may be an officer or member of the executive board. In all events where the person serving or offering to serve as an officer or member of the executive board is not the record owner, he shall file proof of authority in the records of the association.
3. Each member of the executive board shall, at the time of his appointment or election, certify in writing that he has [read] :
(a) Resided within the common-interest community or this state for a period of not less than 270 days during the previous year.
(b) Read and understands the governing documents of the association and the provisions of this chapter.
4. On the anniversary date of the certification made pursuant to paragraph (a) of subsection 3, a member of the executive board shall certify in writing that he has resided within the common-interest community or this state for a period of not less than 270 days during the previous year.
Sec. 10. NRS 116.311 is hereby amended to read as follows:
2. [Votes] Except as otherwise provided in paragraph (a) of subsection 1 of NRS 116.31034, votes allocated to a unit may be cast pursuant to a proxy executed by a unit’s owner. If a unit is owned by more than one person, each owner of the unit may vote or register protest to the casting of votes by the other owners of the unit through an executed proxy. A unit’s owner may revoke a proxy given pursuant to this section only by actual notice of revocation to the person presiding over a meeting of the association. A proxy is void if it is not dated or purports to be revocable without notice. A proxy terminates one year after its date, unless it specifies a shorter term.
3. If the declaration requires that votes on specified matters affecting the common-interest community be cast by lessees rather than units’ owners of leased units:
(a) The provisions of subsections 1 and 2 apply to lessees as if they were units’ owners;
(b) Units’ owners who have leased their units to other persons may not cast votes on those specified matters; and
(c) Lessees are entitled to notice of meetings, access to records, and other rights respecting those matters as if they were units’ owners.
Units’ owners must also be given notice, in the manner provided in NRS 116.3108, of all meetings at which lessees are entitled to vote.
4. No votes allocated to a unit owned by the association may be cast.”.
Amend the bill as a whole by deleting the preamble.
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 located within common-interest communities; enacting provisions governing the election, terms of office and qualifications of members of the executive board and officers of an association; providing for rules of procedure at a meeting of an association; making various other changes concerning common-interest communities; 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. 407.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 402.
Amend section 1, page 1, lines 2 and 3, by deleting: “, without competitive bidding,”.
Amend section 1, page 1, line 6, by deleting: “lease, a purchase agreement,” and inserting “lease”.
Amend the bill as a whole by deleting sections 2 through 4.
Amend the title of the bill to read as follows:
“AN ACT relating to counties; authorizing a board of county commissioners to enter into certain agreements with respect to the construction or remodeling of buildings and facilities; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Authorizes board of county commissioners to enter into certain agreements with respect to construction or remodeling of buildings and facilities. (BDR 20‑566)”.
Senator O’Connell moved the adoption of the amendment.
Remarks by Senator O’Connell.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 408.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 401.
Amend sec. 2, page 2, line 7, by deleting “50” and inserting “80”.
Senator O’Connell moved the adoption of the amendment.
Remarks by Senator O’Connell.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 433.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 525.
Amend sec. 9, page 4, line 29, after “town,” by inserting “school district,”.
Amend sec. 11, page 5, by deleting lines 11 and 12 and inserting:
“Sec. 11. In connection with any lending project, a county may:”.
Amend sec. 14, page 6, by deleting lines 6 and 7 and inserting:
“3. A lending project if the county has adopted an ordinance pursuant to subsection 3 of section”.
Amend the title of the bill, fifth line, by deleting “certain”.
Senator O’Connell moved the adoption of the amendment.
Remarks by Senator O’Connell.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 455.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 462.
Amend the bill as a whole by renumbering sec. 3 as sec. 4 and adding a new section designated sec. 3, following sec. 2, to read as follows:
“Sec. 3. NRS 365.210 is hereby amended to read as follows:
(a) The county motor vehicle fuel tax authorized by chapter 373 of NRS.
(b) A tax on fuel for jet or turbine-powered aircraft authorized by NRS 365.203.
(c) A tax on aviation fuel authorized by NRS 365.203.
(d) Any motor vehicle fuel taxation in effect on January 1, 1935, in any city or town.
(e) A tax or fee imposed upon a business by a county or city that is authorized by law, except as otherwise provided in subsection 2 or pursuant to subsection 1 of NRS 364.210.
2. After March 25, 1991, no county, city or other political subdivision or municipal corporation responsible for the operation of an airport may impose a new tax or fee upon the sale or distribution of fuel for jet or turbine-powered aircraft except:
(a) A tax on fuel for jet or turbine-powered aircraft authorized by NRS 365.203.
(b) Any fuel flowage fee imposed upon aircraft or organizations servicing aircraft in lieu of rent for use of the terminal, landing fees or other airport charges.”.
Amend the title of the bill, fourth line, after “enterprises;” by inserting: “authorizing a county or city to impose a tax or a fee upon a business under certain circumstances;”.
Senator O’Connell moved the adoption of the amendment.
Remarks by Senator O’Connell.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 475.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 574.
Amend sec. 2, page 2, by deleting lines 16 through 26 and inserting:
“3. In a county whose population is 400,000 or more, a public body that is responsible for financing public works may, for its own public works and those financed by a different public body, including, without limitation, an airport if the airport is owned and operated as a department of the public body, contract with a design-build team once in each fiscal year for the design and construction of a public work if the public body determines that:
(a) The estimated cost of the public work is at least $5,000,000 but less than $30,000,000; and
(b) Contracting with a design-build team will enable the public body to:
(1) Design and construct the public work at a cost that is significantly lower than the cost that the public body would incur to design and construct the public work using a different method;
(2) Design and construct the public work in a shorter time than would be required to design and construct the public work using a different method, if exigent circumstances require that the public work be designed and constructed within a short time; or
(3) Ensure that the design and construction of the public work is properly coordinated, if the public work is unique, highly technical and complex in nature.
4. Notwithstanding the provisions of subsections 1, 2 and 3, a public body may contract with:
(a) A nonprofit organization for the design and construction of a project to restore, enhance or develop wetlands.
(b) A prime contractor, specialty contractor or design‑build team with respect to a public work if the public body determines that the public work is:
(1) Not part of a larger public work; and
(2) Limited in scope to:
(I) Removal of asbestos;
(II) Replacement of equipment or systems for heating, ventilation and air‑conditioning;
(III) Replacement of a roof;
(IV) Landscaping; or
(V) Restoration, enhancement or development of wetlands.”.
Amend sec. 3, page 2, line 30, by deleting: “2 or 3” and inserting: “2, 3 or 4”.
Amend sec. 4, page 2, line 41, by deleting “3” and inserting “4”.
Amend sec. 5, page 3, by deleting lines 22 and 23 and inserting: “build team desiring to submit a proposal for the public work may obtain the information necessary to submit a proposal, including, without limitation, the extent to which designs must be completed for both preliminary and final proposals and any other requirements for the design and construction of the public work that the public body determines to be necessary;”.
Amend sec. 5, page 3, line 26, by deleting “bid on” and inserting: “submit a proposal for”.
Amend sec. 5, page 3, by deleting lines 31 through 41 and inserting:
“(g) Notice that a design-build team desiring to submit a proposal for the public work must include with its proposal the information used by the public body to determine finalists among the design-build teams submitting proposals pursuant to subsection 2 of section 7 of this act and a description of that information;
(h) A statement that a design-build team whose prime contractor holds a certificate of eligibility to receive a preference in bidding on public works issued pursuant to NRS 338.147 should submit a copy of the certificate of eligibility with its proposal;”.
Amend sec. 5, page 3, line 42, by deleting “bidding”.
Amend sec. 7, page 4, line 21, by deleting “Within” and inserting “At least”.
Amend sec. 8, page 5, line 16, after “338.144.” by inserting: “If the cost of construction is a factor in the selection of a design-build team, a design-build team whose prime contractor has submitted with its proposal a certificate of eligibility to receive a preference in bidding on public works issued pursuant to NRS 338.147 shall be deemed to have submitted a better proposal than a competing design-build team whose prime contractor has not submitted such a certificate of eligibility if the amount proposed by the design-build team is not more than 5 percent higher than the amount proposed by the competing design-build team.”.
Amend sec. 8, page 5, line 17, by deleting “Within” and inserting “At least”.
Amend sec. 8, page 5, lines 35 and 36, by deleting: “team, the relative weight assigned to each factor” and inserting “team”.
Amend sec. 10, page 6, by deleting lines 26 through 28 and inserting:
“(b) For a public work that consists of:
(1) A building and its site, at least one person who holds a certificate of registration to practice architecture pursuant to chapter 623 of NRS.
(2) Anything other than a building and its site, at least one person who holds a certificate of registration to practice architecture pursuant to chapter 623 of NRS or is licensed as a professional engineer pursuant to chapter 625 of NRS.”.
Amend sec. 13, page 11, by deleting lines 24 through 26 and inserting: “and 377 of NRS on materials used for construction in this state, including, without limitation, construction that is undertaken or carried out on land within the boundaries of this state that is managed by the Federal Government or is on an Indian reservation or Indian colony, of not less than $5,000 for each consecutive 12-month period for 60 months immediately preceding the submission of [his bid;] the affidavit from the certified public accountant;”.
Amend sec. 13, page 11, by deleting lines 28 through 30 and inserting: “of NRS on the vehicles used in the operation of his business in this state of not less than $5,000 for each consecutive 12-month period for 60 months immediately preceding the submission of [his bid;] the affidavit from the certified public accountant; or”.
Amend sec. 13, page 12, by deleting lines 41 through 43 and inserting:
“[5.] 9. Except as otherwise provided in[subsection 6,] subsection 2
of section 8 of this act and subsection 2 of section 27 of this act, if a bid is submitted by two or more
contractors as”.
Amend sec. 13, page 13, by deleting lines 32 through 39 and inserting: “work. A written objection authorized pursuant to this subsection must:
(a) Set forth proof or substantiating evidence to support the belief of the person or entity that the contractor wrongfully holds a certificate of eligibility to receive a preference in bidding on public works; and
(b) Be filed with the public body at or after the time at which the contractor submitted the bid or proposal to the public body and before the time at which the public body awards the contract for which the bid or proposal was submitted.
12. If a public body receives a written objection pursuant to subsection 11, the public body shall determine whether the objection is accompanied by the proof or substantiating evidence required pursuant to paragraph (a) of that subsection. If the public body determines that the objection is not accompanied by the required proof or substantiating evidence, the public body shall dismiss the objection and may proceed immediately to award the contract. If the public body determines that the objection is accompanied by the required proof or substantiating evidence, the public body shall determine whether the contractor qualifies for the certificate pursuant to the provisions of this section and may proceed to award the contract accordingly.”.
Amend the bill as a whole by adding a new section designated sec. 13.5, following sec. 13, to read as follows:
“Sec. 13.5. NRS 338.147 is hereby amended to read as follows:
2. Except as otherwise provided in subsection [4] 8 or limited by subsection [5,] 9, for the purposes of this section, a contractor who:
(a) Has been found to be a responsible and responsive contractor by the public body; and
(b) At the time he submits his bid, provides to the public body [proof of the payment of:] a copy of a certificate of eligibility to receive a preference in bidding on public works issued to him by the state contractors’ board pursuant to subsection 3,
shall be deemed to have submitted a better bid than a competing contractor who has not provided a copy of such a valid certificate of eligibility if the amount of his bid is not more than 5 percent higher than the amount bid by the competing contractor.
3. The state contractors’ board shall issue a certificate of eligibility to receive a preference in bidding on public works to a general contractor who is licensed pursuant to the provisions of chapter 624 of NRS and submits to the board an affidavit from a certified public accountant setting forth that the general contractor has:
(a) Paid:
(1)
The sales and use taxes imposed pursuant to chapters 372, 374 and 377 of NRS on
materials used for construction in this
state, including, without limitation, construction that is undertaken or
carried out on land within the boundaries of this state that is managed by the
Federal Government or is on an Indian reservation or Indian colony, of not
less than $5,000 for each consecutive 12-month period for 60 months immediately
preceding the submission of [his bid;]
the affidavit from the certified public accountant;
(2) The motor vehicle privilege tax
imposed pursuant to chapter 371 of NRS on the vehicles used in the operation of
his business in this state of not
less than $5,000 for each consecutive 12-month period for 60 months immediately
preceding the submission of [his bid;]
the affidavit from the certified public accountant; or
(3) Any combination of such sales and use taxes and motor vehicle privilege tax[,
shall be deemed to have submitted a better bid than a competing contractor who has not provided proof of the payment of those taxes if the amount of his bid is not more than 5 percent higher than the amount bid by the competing contractor.
3. A contractor who has previously provided the public body awarding a contract with the proof of payment required pursuant to subsection 2 may update such proof on or before April 1, July 1, September 1 and December 1 rather than with each bid.
4.] ; or
(b) Acquired, by inheritance, gift or transfer through a stock option plan for employees, all the assets and liabilities of a viable, operating construction firm that possesses a:
(1) License as a general contractor pursuant to the provisions of chapter 624 of NRS; and
(2) Certificate of eligibility to receive a preference in bidding on public works.
4. For the purposes of complying with the requirements set forth in paragraph (a) of subsection 3, a general contractor shall be deemed to have paid:
(a) Sales and use taxes and motor vehicle privilege taxes paid in this state by an affiliate or parent company of the contractor, if the affiliate or parent company is also a general contractor; and
(b) Sales and use taxes paid in this state by a joint venture in which the contractor is a participant, in proportion to the amount of interest the contractor has in the joint venture.
5. A contractor who has received a certificate of eligibility to receive a preference in bidding on public works from the state contractors’ board pursuant to subsection 3 shall, at the time for the annual renewal of his contractors’ license pursuant to NRS 624.283, submit to the board an affidavit from a certified public accountant setting forth that the contractor has, during the immediately preceding 12 months, paid the taxes required pursuant to paragraph (a) of subsection 3 to maintain his eligibility to hold such a certificate.
6. A contractor who fails to submit an affidavit to the board pursuant to subsection 5 ceases to be eligible to receive a preference in bidding on public works unless he reapplies for and receives a certificate of eligibility pursuant to subsection 3.
7. If a contractor who applies to the state contractors’ board for a certificate of eligibility to receive a preference in bidding on public works submits false information to the board regarding the required payment of taxes, the contractor is not eligible to receive a preference in bidding on public works for a period of 5 years after the date on which the board becomes aware of the submission of the false information.
8. If any federal statute or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular public work because of the provisions of subsection 2, those provisions do not apply insofar as their application would preclude or reduce federal assistance for that work. The provisions of subsection 2 do not apply to any contract for a public work which is expected to cost less than $250,000.
[5. Except as otherwise provided in subsection 6,
if]
9. If a bid is submitted by two or more contractors as a joint venture or by one of them as a joint venturer, the provisions of subsection 2 apply only if both or all of the joint venturers separately meet the requirements of that subsection.
[6. Except as otherwise provided in subsection 8, if a bid is submitted by a joint venture and one or more of the joint venturers has responsibility for the performance of the contract as described in subsection 7, the provisions of subsection 2 apply only to those joint venturers who have such responsibility.
7. For the purposes of subsection 6, a joint venturer has responsibility for the performance of a contract if he has at least one of the following duties or obligations delegated to him in writing in the contract creating the joint venture:
(a) Supplying the labor necessary to perform the contract and paying the labor and any related taxes and benefits;
(b) Supplying the equipment necessary to perform the contract and paying any charges related to the equipment;
(c) Contracting with and making payments to any subcontractors; or
(d) Performing the recordkeeping for the joint venture and making any payments to persons who provide goods or services related to the performance of the contract.
8. The provisions of subsection 6 do not apply to a joint venture which is formed for the sole purpose of circumventing any of the requirements of this section.]
10. The state contractors’ board shall adopt regulations and may assess reasonable fees relating to the certification of contractors for a preference in bidding on public works.
11. A person or entity who believes that a contractor wrongfully holds a certificate of eligibility to receive a preference in bidding on public works may challenge the validity of the certificate by filing a written objection with the public body to which the contractor has submitted a bid or proposal on a contract for the construction of a public work. A written objection authorized pursuant to this subsection must:
(a) Set forth proof or substantiating evidence to support the belief of the person or entity that the contractor wrongfully holds a certificate of eligibility to receive a preference in bidding on public works; and
(b) Be filed with the public body at or after the time at which the contractor submitted the bid or proposal to the public body and before the time at which the public body awards the contract for which the bid or proposal was submitted.
12. If a public body receives a written objection pursuant to subsection 11, the public body shall determine whether the objection is accompanied by the proof or substantiating evidence required pursuant to paragraph (a) of that subsection. If the public body determines that the objection is not accompanied by the required proof or substantiating evidence, the public body shall dismiss the objection and may proceed immediately to award the contract. If the public body determines that the objection is accompanied by the required proof or substantiating evidence, the public body shall determine whether the contractor qualifies for the certificate pursuant to the provisions of this section and may proceed to award the contract accordingly.”.
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 341.161 is hereby amended to read as follows:
2. The board shall adopt regulations establishing procedures for:
(a) The determination of the qualifications of contractors to bid for contracts for services described in subsection 1.
(b) The bidding and awarding of such contracts, subject to the provisions of subsection 3.
(c) The awarding of construction contracts[, subject to the provisions of subsection 4,] based on a final cost of the project which the contractor guarantees will not be exceeded.
(d) The scheduling and controlling of projects.
3. Bids on contracts for services which assist the architect in the design of a project of capital improvement must state separately the contractor’s cost for:
(a) Assisting the architect in the design of the project.
(b) Obtaining all bids for subcontracts.
(c) Administering the construction contract.
4. [A contractor who is:
(a) Qualified under the regulations of the board to bid for a contract for services described in subsection 1; and
(b) Awarded that contract,
is entitled to be awarded the construction contract for the project if his work under the contract for services is satisfactory to the board and he guarantees a final cost for the project which the board is willing to accept.
5.] A person who furnishes services under a contract awarded pursuant to subsection 1 is a contractor subject to all provisions pertaining to a contractor in Title 28 of NRS.”.
Amend sec. 21, page 15, by deleting lines 3 through 18 and inserting:
“Sec. 21. 1. The department may contract with a design-build team for the design and construction of a project if the department determines that:
(a) Except as otherwise provided in subsection 2, the estimated cost of the project exceeds $30,000,000; and
(b) Contracting with a design-build team will enable the department to:
(1) Design and construct the project at a cost that is significantly lower than the cost that the department would incur to design and construct the project using a different method;
(2) Design and construct the project in a shorter time than would be required to complete the project using a different method, if exigent circumstances require that the project be designed and constructed within a short time; or
(3) Ensure that the design and construction of the project is properly coordinated, if the project is unique, highly technical and complex in nature.
2. Notwithstanding the provisions of subsection 1, the department may, once in each fiscal year, contract with a design-build team for the design and construction of a project the estimated cost of which is at least $5,000,000 but less than $30,000,000 if the department makes the determinations otherwise required pursuant to paragraph (b) of subsection 1.”.
Amend sec. 22, page 15, line 21, by deleting “hearing,” and inserting “meeting,”.
Amend sec. 22, page 15, line 22, by deleting “hearing” and inserting “meeting”.
Amend sec. 22, page 15, line 23, by deleting “hearing” and inserting “meeting”.
Amend sec. 24, page 16, by deleting lines 7 and 8 and inserting: “build team desiring to submit a proposal for the project may obtain the information necessary to submit a proposal, including, without limitation, the extent to which designs must be completed for both preliminary and final proposals and any other requirements for the design and construction of the project that the department determines to be necessary;”.
Amend sec. 24, page 16, line 11, by deleting “bid on” and inserting: “submit a proposal for”.
Amend sec. 24, page 16, by deleting lines 16 through 26 and inserting:
“(g) Notice that a design-build team desiring to submit a proposal for the project must include with its proposal the information used by the department to determine finalists among the design-build teams submitting proposals pursuant to subsection 2 of section 26 of this act and a description of that information;
(h) A statement that a design-build team whose prime contractor holds a certificate of eligibility to receive a preference in bidding on public works issued pursuant to NRS 338.147 should submit a copy of the certificate of eligibility with its proposal;”.
Amend sec. 26, page 17, line 6, by deleting “Within” and inserting “At least”.
Amend sec. 27, page 18, line 2, after “338.144.” by inserting: “If the cost of construction is a factor in the selection of a design-build team, a design-build team whose prime contractor has submitted with its proposal a certificate of eligibility to receive a preference in bidding on public works issued pursuant to NRS 338.147 shall be deemed to have submitted a better proposal than a competing design-build team whose prime contractor has not submitted such a certificate of eligibility if the amount proposed by the design-build team is not more than 5 percent higher than the amount proposed by the competing design-build team.”.
Amend sec. 27, page 18, line 3, by deleting “Within” and inserting “At least”.
Amend sec. 27, page 18, lines 20 and 21, by deleting: “team, the relative weight assigned to each factor” and inserting “team”.
Amend sec. 36, page 22, line 24, by deleting: “341.161 and 341.171 are” and inserting “341.171 is”.
Amend the bill as a whole by adding new sections designated sections 37 and 38, following sec. 36, to read as follows:
“Sec. 37. 1. The interim advisory committee to study the use of design-build contracting within this state is hereby created. The interim advisory committee consists of 12 members who are appointed as follows:
(a) One member appointed by the Northern Nevada Chapter of the Associated General Contractors.
(b) One member appointed by the Southern Nevada Chapter of the Associated General Contractors.
(c) One member appointed by the Northern Nevada Chapter of the Associated Builders and Contractors.
(d) One member appointed by the Southern Nevada Chapter of the Associated Builders and Contractors.
(e) One member appointed by the Nevada chapter of the American Institute of Architecture.
(f) One member appointed by the American Consulting Engineers Council of Nevada.
(g) One member appointed by the Department of Transportation of the State of Nevada.
(h) One member appointed by the Southern Nevada Water Authority.
(i) One member appointed by the Board of County Commissioners of Clark County.
(j) One member appointed by the governing body of the City of Las Vegas.
(k) One member appointed by the governing body of the City of Henderson.
(l) One member appointed by the governing body of the City of North Las Vegas.
2. Members of the interim advisory committee shall serve without compensation, travel expenses or subsistence allowances, except as they may be provided by the members’ respective agencies and organizations.
3. The interim advisory committee created pursuant to subsection 1 shall:
(a) Examine the methods of design-build contracting that are authorized to be used pursuant to the provisions of this act; and
(b) Submit a report regarding its findings to the 72nd session of the Nevada Legislature, accompanied by any suggestions for legislation that the interim advisory committee determines to be advisable.
Sec. 38. 1. This section becomes effective on October 1, 1999.
2. Sections 1 to 10, inclusive, 13 and 14 to 37, inclusive, of this act become effective on October 1, 1999, and expire by limitation on October 1, 2003.
3. Section 11 of this act becomes effective on October 1, 1999, and expires by limitation on May 1, 2013.
4. Section 13.5 of this act becomes effective at 12:01 a.m. on October 1, 2003.
5. Section 12 of this act becomes effective at 12:01 a.m. on May 1, 2013.”.
Amend the text of repealed sections by deleting the text of NRS 341.161.
Amend the title of the bill to read as follows:
“AN ACT relating to public works; authorizing a public body to contract with a design-build team or specialty contractor for the design and construction of a public work in certain circumstances; authorizing a public body to contract with a nonprofit organization for the design and construction of a project to restore, enhance or develop wetlands; authorizing the department of transportation to contract with a design-build team with respect to a project for the design and construction, reconstruction or improvement of highways in certain circumstances; setting forth the method in which proposals for a design-build contract must be solicited; setting forth the method in which a design-build team must be selected; authorizing a public body or the department of transportation to employ an architect or engineer to oversee the construction of a public work or project; creating an interim advisory committee to study the use of design-build contracting; and providing other matters properly relating thereto.”.
Senator O’Connell moved the adoption of the amendment.
Remarks by Senator O’Connell.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 481.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 545.
Amend the bill as a whole by deleting sections 1 through 10 and adding new sections designated sections 1 through 50, following the enacting clause, to read as follows:
“Section 1. NRS 50.315 is hereby amended to read as follows:
(a) That the affiant or declarant has been certified by the director of the department of motor vehicles and public safety as being competent to operate devices of a type certified by the committee on testing for intoxication as accurate and reliable for testing a person’s breath to determine the amount by weight of alcohol in his breath;
(b) The identity of a person from whom the affiant or declarant obtained a sample of breath; and
(c) That the affiant or declarant tested the sample using a device of a type so certified and that the device was functioning properly.
2. Except as otherwise provided in subsections 6 and 7, the affidavit or declaration of a person who prepared a chemical solution or gas that has been used in calibrating a device for testing another’s breath to determine the amount of alcohol in his breath is admissible in evidence in any criminal or administrative proceeding to prove:
(a) The occupation of the affiant or declarant; and
(b) That the solution or gas has the chemical composition necessary for accurately calibrating it.
3. Except as otherwise provided in subsections 6 and 7, the affidavit or declaration of a person who calibrates a device for testing another’s breath to determine the amount of alcohol in his breath is admissible in evidence in any criminal or administrative proceeding to prove:
(a) The occupation of the affiant or declarant;
(b) That on a specified date the affiant or declarant calibrated the device at a named law enforcement agency by using the procedures and equipment prescribed in the regulations of the committee on testing for intoxication;
(c) That the calibration was performed within the period required by the committee’s regulations; and
(d) Upon completing the calibration of the device, it was operating properly.
4. Except as otherwise provided in subsections 6 and 7, the affidavit or declaration made under the penalty of perjury of a person who withdraws a sample of blood from another for analysis by an expert as set forth in NRS 50.320 is admissible in any criminal or administrative proceeding to prove:
(a) The occupation of the affiant or declarant;
(b) The identity of the person from whom the affiant or declarant withdrew the sample;
(c) The fact that the affiant or declarant kept the sample in his sole custody or control and in substantially the same condition as when he first obtained it until delivering it to another; and
(d) The identity of the person to whom the affiant or declarant delivered it.
5. Except as otherwise provided in subsections 6 and 7, the affidavit or declaration of a person who receives from another a sample of blood or urine , a bodily substance or other tangible evidence that is alleged to contain alcohol or a controlled substance, chemical, poison or organic solvent may be admitted in any criminal, civil or administrative proceeding to prove:
(a) The occupation of the affiant or declarant;
(b) The fact that the affiant or declarant received a sample or other evidence from another person and kept it in his sole custody or control in substantially the same condition as when he first received it until delivering it to another; and
(c) The identity of the person to whom the affiant or declarant delivered it.
6. If, at or before the time of the trial, the defendant establishes that:
(a) There is a substantial and bona fide dispute regarding the facts in the affidavit or declaration; and
(b) It is in the best interests of justice that the witness who signed the affidavit or declaration be cross-examined,
the court may order the prosecution to produce the witness and may continue the trial for any time the court deems reasonably necessary to receive such testimony. The time within which a trial is required is extended by the time of the continuance.
7. During any trial in which the defendant has been accused of committing a felony, the defendant may object in writing to admitting into evidence an affidavit or declaration described in this section. If the defendant makes such an objection, the court shall not admit the affidavit or declaration into evidence and the prosecution may cause the person to testify in court to any information contained in the affidavit or declaration.
8. The committee on testing for intoxication shall adopt regulations prescribing the form of the affidavits and declarations described in this section.
Sec. 2. NRS 50.320 is hereby amended to read as follows:
(a) The quantity of the purported controlled substance; or
(b) The amount of alcohol or the presence or absence of a controlled substance, chemical, poison or organic solvent, as the case may be,
is admissible in the manner provided in this section.
2. An affidavit or declaration which is submitted to prove any fact set forth in subsection 1 must be admitted into evidence when submitted during any administrative proceeding, preliminary hearing or hearing before a grand jury. The court shall not sustain any objection to the admission of such an affidavit or declaration.
3. The defendant may object in writing to admitting into evidence an affidavit or declaration submitted to prove any fact set forth in subsection 1 during his trial. If the defendant makes such an objection, the court shall not admit the affidavit or declaration into evidence and the prosecution may cause the person to testify in court to any information contained in the affidavit or declaration.
4. The committee on testing for intoxication shall adopt regulations prescribing the form of the affidavits and declarations described in this section.
Sec. 3. NRS 50.325 is hereby amended to read as follows:
(a) The existence of any alcohol;
(b) The quantity of a controlled substance; or
(c) The existence or identity of a controlled substance, chemical, poison or organic solvent,
the prosecuting attorney may request that the affidavit or declaration of an expert or other person described in NRS 50.315 and 50.320 be admitted into evidence at the trial or preliminary hearing concerning the offense. Except as otherwise provided in NRS 50.315 and 50.320, the affidavit or declaration must be admitted into evidence.
2. If the request is to have the affidavit or declaration admitted into evidence at a preliminary hearing or hearing before a grand jury, the affidavit or declaration must be admitted into evidence upon submission. If the request is to have the affidavit or declaration admitted into evidence at trial, the request must be:
(a) Made at least 10 days before the date set for the trial;
(b) Sent to the defendant’s counsel and to the defendant, by registered or certified mail by the prosecuting attorney; and
(c) Accompanied by a copy of the affidavit or declaration and the name, address and telephone number of the affiant or declarant.
3. The provisions of this section do not prohibit either party from producing any witness to offer testimony at trial.
4. The provisions of this section apply to any of the following offenses:
(a) An offense punishable pursuant to NRS 202.257, 455A.170, 455B.080, 493.130 or 639.283.
(b) An offense punishable pursuant to chapter 453, 484 or 488 of NRS.
(c) A homicide resulting from driving, operating or being in actual physical control of a vehicle or a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484.379, 484.3795, subsection 2 of NRS 488.400, NRS 488.410 or 488.420.
(d) Any other offense for which it is necessary to prove, as an element of the offense:
(1) The existence of any alcohol;
(2) The quantity of a controlled substance; or
(3) The existence or identity of a controlled substance, chemical, poison or organic solvent.
Sec. 4. NRS 62.020 is hereby amended to read as follows:
62.020 As used in this chapter, unless the context otherwise requires:
1. Except as otherwise provided in this subsection, “child” means a person who is:
(a) Less than 18 years of age; or
(b) Less than 21 years of age and subject to the jurisdiction of the juvenile court for an act of delinquency that was committed before the person reached 18 years of age.
The term does not include a person who is excluded from the jurisdiction of the juvenile court pursuant to NRS 62.040 or a person who is certified for criminal proceedings as an adult pursuant to NRS 62.080 or 62.081.
2. “Court” means the juvenile division of the district court.
3. “Indian child” has the meaning ascribed to it in 25 U.S.C. § 1903.
4. “Indian Child Welfare Act” means the Indian Child Welfare Act of 1978 , [(]25 U.S.C. §§ 1901 et seq.[).]
5. “Judge” means the judge of the juvenile division of the district court.
6. “Juvenile court” or “juvenile division” means:
(a) In any judicial district that includes a county whose population is 100,000 or more, the family division of the district court; or
(b) In any other judicial district, the juvenile division of the district court.
7. “Minor traffic offense” means a violation of any state or local law, ordinance or resolution governing the operation of a motor vehicle upon any street, alley or highway within this state other than:
(a) A violation of chapter 484 or 706 of NRS that causes the death of a person;
(b) [Driving a motor vehicle while under the influence of intoxicating liquor, a controlled substance or a drug in] A violation of NRS 484.379; or
(c) Any traffic offense declared to be a felony.
Sec. 5. NRS 62.227 is hereby amended to read as follows:
62.227 1. If a child who is less than 18 years of age is found by the juvenile court to have committed [the] an unlawful act [of driving under the influence of intoxicating liquor or a controlled substance] in violation of NRS 484.379 or 484.3795, the judge, or his authorized representative, shall, if the child possesses a driver’s license, issue an order revoking the driver’s license of that child for 90 days. If such an order is issued, the judge shall require the child to surrender to the court all driver’s licenses then held by the child. The court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety the licenses and a copy of the order.
2. The judge shall require the child to submit to the tests and other requirements which are adopted by regulation pursuant to subsection 1 of NRS 483.495 as a condition of reinstatement of the driver’s license of the child.
3. If the child is found to have committed a subsequent unlawful act as set forth in subsection 1, the court shall order an additional period of revocation to apply consecutively with the previous order.
4. The judge may authorize the department to issue a restricted driver’s license pursuant to NRS 483.490 to a child whose driver’s license is revoked pursuant to this section.
Sec. 6. NRS 62.2275 is hereby amended to read as follows:
62.2275 1. If a child within the jurisdiction of the juvenile court is found by the juvenile court to have committed [the] :
(a) An unlawful act [of:
(a) Driving under the influence of intoxicating liquor or a controlled substance] in violation of NRS 484.379 or 484.3795;
(b) [Using,] The unlawful act of using, possessing, selling or distributing a controlled substance; or
(c) [Purchasing,] The unlawful act of purchasing, consuming or possessing an alcoholic beverage in violation of NRS 202.020,
the judge, or his authorized representative, shall require the child to undergo an evaluation to determine if the child is an abuser of alcohol or other drugs.
2. The evaluation of a child pursuant to this section:
(a) Must be conducted by:
(1) A counselor certified to make that classification by the bureau of alcohol and drug abuse;
(2) A physician certified to make that classification by the board of medical examiners; or
(3) A person who is approved to make that classification by the bureau of alcohol and drug abuse,
who shall report to the judge the results of the evaluation and make a recommendation to the judge concerning the length and type of treatment required by the child.
(b) May be conducted at an evaluation center.
3. The judge shall:
(a) Order the child to undergo a program of treatment as recommended by the person who conducted the evaluation pursuant to subsection 2.
(b) Require the treatment facility to submit monthly reports on the treatment of the child pursuant to this section.
(c) Order the child, if he is at least 18 years of age or an emancipated minor, or the parent or legal guardian of the child, to the extent of the financial resources of the child or his parent or legal guardian, to pay any charges relating to the evaluation and treatment of the child pursuant to this section. If the child, or his parent or legal guardian, does not have the financial resources to pay all [of] those charges:
(1) The judge shall, to the extent possible, arrange for the child to receive treatment from a treatment facility which receives a sufficient amount of federal or state money to offset the remainder of the costs; and
(2) The judge may order the child to perform supervised work for the benefit of the community in lieu of paying the charges relating to his evaluation and treatment. The work must be performed for and under the supervising authority of a county, city, town or other political subdivision or agency of the State of Nevada or a charitable organization that renders service to the community or its residents. The court may require the child or his parent or legal guardian to deposit with the court a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which the child performs the work, unless, in the case of industrial insurance, it is provided by the authority for which he performs the work.
4. A treatment facility is not liable for any damages to person or property caused by a child who [drives] :
(a) Drives, operates or is in actual physical control of a vehicle or a vessel under power or sail while under the influence of [an] intoxicating liquor or a controlled substance ; or
(b) Engages in any other conduct prohibited by NRS 484.379, 484.3795, subsection 2 of NRS 488.400, NRS 488.410 or 488.420 or a law of any other jurisdiction that prohibits the same or similar conduct,
after the treatment facility has certified to his successful completion of a program of treatment ordered pursuant to this section.
5. The provisions of this section do not prohibit a judge from:
(a) Requiring an evaluation to be conducted by a person who is employed by a private company if the company meets the standards of the bureau of alcohol and drug abuse. Such an evaluation may be conducted at an evaluation center pursuant to paragraph (b) of subsection 2.
(b) Ordering the child to attend a program of treatment which is administered by a private company.
6. All information relating to the evaluation or treatment of a child pursuant to this section is confidential and, except as otherwise authorized by the provisions of this chapter or the juvenile court, must not be disclosed to any person other than the juvenile court, the child and his attorney, if any, his parents or guardian, the prosecuting attorney and any other person for whom the communication of that information is necessary to effectuate the evaluation or treatment of the child. A record of any finding that a child has violated the provisions of NRS 484.379 or 484.3795 must be included in the driver’s record of that child for 7 years after the date of the offense.
7. As used in this section:
(a) “Bureau of alcohol and drug abuse” means the bureau of alcohol and drug abuse in the rehabilitation division of the department of employment, training and rehabilitation.
(b) “Evaluation center” has the meaning ascribed to it in NRS 484.3793.
(c) “Treatment facility” has the meaning ascribed to it in NRS 484.3793.
Sec. 7. NRS 458.260 is hereby amended to read as follows:
(a) Public offenses and shall not be so treated in any ordinance or resolution of a county, city or town.
(b) Elements of an offense giving rise to a criminal penalty or civil sanction.
2. The provisions of subsection 1 do not apply to:
(a) [The provisions of NRS 483.460, 483.490, subsection 2 of NRS 483.560 and NRS 484.384;
(b) An] A civil or administrative violation for which intoxication is an element of the violation pursuant to the provisions of a specific statute or regulation;
(b) A criminal offense for which intoxication is an element of the offense pursuant to the provisions of a specific statute[;] or regulation;
(c) A homicide resulting from driving, operating or being in actual physical control of a vehicle or a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance[;] or resulting from any other conduct prohibited by NRS 484.379, 484.3795, subsection 2 of NRS 488.400, NRS 488.410 or 488.420; and
(d) Any offense or violation which is similar to an offense [set forth] or violation described in paragraph (a), (b) or (c) [that] and which is set forth in an ordinance or resolution of a county, city or town.
3. This section does not make intoxication an excuse or defense for any criminal act.
Sec. 8. NRS 458.270 is hereby amended to read as follows:
2. A peace officer may use upon such a person that kind and degree of force which would be lawful if he were effecting an arrest for a misdemeanor with a warrant.
3. If a licensed facility for the treatment of persons who abuse alcohol exists in the community where the person is found, he must be delivered to the facility for observation and care. If no such facility exists in the community, the person so found may be placed in a county or city jail or detention facility for shelter or supervision for his own health and safety until he is no longer under the influence of alcohol. He may not be required against his will to remain in either a licensed facility, jail or detention facility longer than 48 hours.
4. An intoxicated person taken into custody by a peace officer for a public offense must immediately be taken to a secure detoxification unit or other appropriate medical facility if his condition appears to require emergency medical treatment. Upon release from the detoxification unit or medical facility, the person must immediately be remanded to the custody of the apprehending peace officer and the criminal proceedings proceed as prescribed by law.
5. The placement of a person found under the influence of alcohol in civil protective custody must be:
(a) Recorded at the facility, jail or detention facility to which he is delivered; and
(b) Communicated at the earliest practical time to his family or next of kin if they can be located and to the division or to a local alcohol abuse authority designated by the division.
6. Every peace officer and other public employee or agency acting pursuant to this section is performing a discretionary function or duty.
7. The provisions of this section do not apply to a person who is apprehended or arrested for:
(a) [An] A civil or administrative violation for which intoxication is an element of the violation pursuant to the provisions of a specific statute or regulation;
(b) A criminal offense for which intoxication is an element of the offense pursuant to the provisions of a specific statute[;
(b)] or regulation;
(c) A homicide resulting from driving, operating or being in actual physical control of a vehicle or a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance[; and
(c)] or resulting from any other conduct prohibited by NRS 484.379, 484.3795, subsection 2 of NRS 488.400, NRS 488.410 or 488.420; and
(d) Any offense or violation which is similar to an offense [set forth] or violation described in paragraph (a) [or (b) of this subsection that] , (b) or (c) and which is set forth in an ordinance or resolution of a county, city or town.
Sec. 9. NRS 458.300 is hereby amended to read as follows:
1. The crime is a crime against the person punishable as a felony or gross misdemeanor as provided in chapter 200 of NRS or the crime is an act which constitutes domestic violence as set forth in NRS 33.018;
2. The crime is that of trafficking of a controlled substance;
3. The crime is [that of driving under the influence of intoxicating liquor or while a habitual user or under the influence of a controlled substance or while incapable of safely driving because of the use of any chemical, poison or organic solvent as provided for in] a violation of NRS 484.379[, or such driving which causes the death of or substantial bodily harm to another person as provided in NRS] or 484.3795;
4. The alcoholic or drug addict has a record of two or more convictions of a crime described in subsection 1 or 2, a similar crime in violation of the laws of another state, or of three or more convictions of any felony;
5. Other criminal proceedings alleging commission of a felony are pending against the alcoholic or drug addict;
6. The alcoholic or drug addict is on probation or parole and the appropriate parole or probation authority does not consent to the election; or
7. The alcoholic or drug addict elected and was admitted, pursuant to NRS 458.290 to 458.350, inclusive, to a program of treatment not more than twice within the preceding 5 years.
Sec. 10. Chapter 483 of NRS is hereby amended by adding thereto a new section to read as follows:
“Premises to which the public has access” has the meaning ascribed to it in NRS 484.122.
Sec. 11. NRS 483.020 is hereby amended to read as follows:
Sec. 12. NRS 483.080 is hereby amended to read as follows:
483.080 “Highway” [means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.] has the meaning ascribed to it in NRS 484.065.
Sec. 13. NRS 483.330 is hereby amended to read as follows:
(a) A test of the applicant’s ability to understand official devices used to control traffic;
(b) A test of his knowledge of practices for safe driving and the traffic laws of this state;
(c) Except as otherwise provided in subsection 2, a test of his eyesight; and
(d) Except as otherwise provided in subsection 3, an actual demonstration of his ability to exercise ordinary and reasonable control in the operation of a motor vehicle of the type or class of vehicle for which he is to be licensed.
The examination may also include such further physical and mental examination as the department finds necessary to determine the applicant’s fitness to drive a motor vehicle safely upon the highways.
2. The department may provide by regulation for the acceptance of a report from an ophthalmologist, optician or optometrist in lieu of an eye test by a driver’s license examiner.
3. If the department establishes a type or classification of driver’s license to operate a motor vehicle of a type which is not normally available to examine an applicant’s ability to exercise ordinary and reasonable control of such a vehicle, the department may, by regulation, provide for the acceptance of an affidavit from a:
(a) Past, present or prospective employer of the applicant; or
(b) Local joint apprenticeship committee which had jurisdiction over the training or testing, or both, of the applicant,
in lieu of an actual demonstration.
4. The department may waive an examination pursuant to subsection 1 for a person applying for a Nevada driver’s license who possesses a valid driver’s license of the same type or class issued by another jurisdiction unless that person:
(a) Has not attained 25 years of age;
(b) Has had his license or privilege to drive a motor vehicle suspended, revoked or canceled or has been otherwise disqualified from driving during the immediately preceding 4 years;
(c) Has been convicted , [of the offense of driving a motor vehicle while under the influence of an intoxicating liquor, a controlled substance, a chemical poison or an organic solvent] during the immediately preceding 7 years, [or the] of a violation of NRS 484.379 or 484.3795 or a law [which] of any other jurisdiction that prohibits the same or similar conduct;
(d) Has restrictions to his driver’s license which the department must reevaluate to ensure the safe driving of a motor vehicle by that person;
(e) Has had three or more convictions of moving traffic violations on his driving record during the immediately preceding 4 years; or
(f) Has been convicted of any of the offenses related to the use or operation of a motor vehicle which must be reported pursuant to the provisions of Parts 1325 and 1327 of Title 23 of the Code of Federal Regulations relating to the National Driver Register Problem Driver Pointer System during the immediately preceding 4 years.
Sec. 14. NRS 483.460 is hereby amended to read as follows:
(a) For a period of 3 years if the offense is:
(1) A violation of subsection 2 of NRS 484.377.
(2) A third or subsequent violation within 7 years of NRS 484.379.
(3) A violation of NRS 484.3795 or a homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance[.] or resulting from any other conduct prohibited by NRS 484.379 or 484.3795.
The period during which such a driver is not eligible for a license, permit or privilege to drive must be set aside during any period of imprisonment and the period of revocation must resume upon completion of the period of imprisonment or when the person is placed on residential confinement.
(b) For a period of 1 year if the offense is:
(1) Any other manslaughter resulting from the driving of a motor vehicle or felony in the commission of which a motor vehicle is used, including the unlawful taking of a motor vehicle.
(2) Failure to stop and render aid as required pursuant to the laws of this state in the event of a motor vehicle accident resulting in the death or bodily injury of another.
(3) Perjury or the making of a false affidavit or statement under oath to the department pursuant to NRS 483.010 to 483.630, inclusive, or pursuant to any other law relating to the ownership or driving of motor vehicles.
(4) Conviction, or forfeiture of bail not vacated, upon three charges of reckless driving committed within a period of 12 months.
(5) A second violation within 7 years of NRS 484.379 and, except as otherwise provided in subsection 2 of NRS 483.490, the driver is not eligible for a restricted license during any of that period.
(6) A violation of NRS 484.348.
(c) For a period of 90 days, if the offense is a first violation within 7 years of NRS 484.379.
2. The department shall revoke the license, permit or privilege of a driver convicted of violating NRS 484.379 who fails to complete the educational course on the use of alcohol and controlled substances within the time ordered by the court and shall add a period of 90 days during which the driver is not eligible for a license, permit or privilege to drive.
3. When the department is notified by a court that a person who has been convicted of violating NRS 484.379 has been permitted to enter a program of treatment pursuant to NRS 484.37937 or 484.3794, the department shall reduce by one-half the period during which he is not eligible for a license, permit or privilege to drive, but shall restore that reduction in time if notified that he was not accepted for or failed to complete the treatment.
4. The department shall revoke the license, permit or privilege to drive of a person who is required to install a device pursuant to NRS 484.3943 but who operates a motor vehicle without such a device:
(a) For 3 years, if it is his first such offense during the period of required use of the device.
(b) For 5 years, if it is his second such offense during the period of required use of the device.
5. A driver whose license, permit or privilege is revoked pursuant to subsection 4 is not eligible for a restricted license during the period set forth in paragraph (a) or (b) of that subsection, whichever is applicable.
6. [When] In addition to any other requirements set forth by specific statute, if the department is notified that a court has[:
(a) Pursuant to paragraph (h) of subsection 1 of NRS 62.211, NRS 62.224, 62.2255, 62.226 or 62.228,] ordered the revocation, suspension or delay in the issuance of a [child’s license;
(b) Pursuant] license pursuant to chapter 62 of NRS, NRS 176.064 or 206.330, [ordered the suspension or delay in the issuance of a person’s license; or
(c) Pursuant to NRS 62.227, ordered the revocation of a child’s license,] chapter 484 of NRS or any other provision of law, the department shall take such actions as are necessary to carry out the court’s order.
7. As used in this section, “device” has the meaning ascribed to it in NRS 484.3941.
Sec. 15. NRS 483.490 is hereby amended to read as follows:
(a) To and from work or in the course of his work, or both; or
(b) To acquire supplies of medicine or food or receive regularly scheduled medical care for himself or a member of his immediate family.
Before a restricted license may be issued, the applicant must submit sufficient documentary evidence to satisfy the department that a severe hardship exists because the applicant has no alternative means of transportation and that the severe hardship outweighs the risk to the public if he is issued a restricted license.
2. A person who has been ordered to install a device in a motor vehicle which he owns or operates pursuant to NRS 484.3943:
(a) Shall install the device not later than 21 days after the date on which the order was issued; and
(b) May not receive a restricted license pursuant to this section until:
(1) After at least 180 days of the period during which he is not eligible for a license, if he was convicted of [a] :
(I) A violation of subsection 2 of NRS 484.377[, a] ;
(II) A violation of NRS 484.3795 or a homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or [if he was convicted of a] resulting from any other conduct prohibited by NRS 484.379 or 484.3795; or
(III) A third violation within 7 years of NRS 484.379;
(2) After at least 90 days of the period during which he is not eligible for a license, if he was convicted of a second violation within 7 years of NRS 484.379; or
(3) After at least 45 days of the period during which he is not eligible for a license, if he was convicted of a first violation within 7 years of NRS 484.379.
3. If the department has received a copy of an order requiring a person to install a device in a motor vehicle which he owns or operates pursuant to NRS 484.3943, the department shall not issue a restricted driver’s license to such a person pursuant to this section unless the applicant has submitted proof of compliance with the order and subsection 2.
4. After a driver’s license has been revoked pursuant to subsection 1 of NRS 62.227 or suspended pursuant to paragraph (h) of subsection 1 of NRS 62.211, NRS 62.224, 62.2255, 62.226 or 62.228, the department may issue a restricted driver’s license to an applicant permitting the applicant to drive a motor vehicle:
(a) If applicable, to and from work or in the course of his work, or both; and
(b) If applicable, to and from school.
5. After a driver’s license has been suspended pursuant to NRS 483.443, the department may issue a restricted driver’s license to an applicant permitting the applicant to drive a motor vehicle:
(a) If applicable, to and from work or in the course of his work, or both;
(b) To receive regularly scheduled medical care for himself or a member of his immediate family; and
(c) If applicable, as necessary to exercise a court-ordered right to visit a child.
6. A driver who violates a condition of a restricted license issued pursuant to subsection 1 or by another jurisdiction is guilty of a misdemeanor[,] and , if [his] the license of the driver was suspended or revoked for [a] :
(a) A violation of NRS 484.379, 484.3795, or 484.384 [or a] ;
(b) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance[, or the] or resulting from any other conduct prohibited by NRS 484.379 or 484.3795; or
(c) A violation of a law of any other jurisdiction [which] that prohibits the same or similar conduct[, he] as set forth in paragraph (a) or (b),
the driver shall be punished in the manner provided pursuant to subsection 2 of NRS 483.560.
7. The periods of suspensions and revocations required pursuant to this chapter and NRS 484.384 must run consecutively, except as otherwise provided in NRS 483.465 and 483.475, when the suspensions must run concurrently.
8. Whenever the department suspends or revokes a license, the period of suspension, or of ineligibility for a license after the revocation, begins upon the effective date of the revocation or suspension as contained in the notice thereof.
Sec. 16. NRS 483.560 is hereby amended to read as follows:
2. Except as otherwise provided in this subsection, if the license of the person was suspended, revoked or restricted because of [a] :
(a) A violation of NRS 484.379, 484.3795 or 484.384 [or a] ;
(b) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance[, or the] or resulting from any other conduct prohibited by NRS 484.379 or 484.3795; or
(c) A violation of a law of any other jurisdiction [which] that prohibits the same or similar conduct[, he shall be:
(a) Punished] as set forth in paragraph (a) or (b),
the person shall be punished by imprisonment in jail for not less than 30 days nor more than 6 months[; or
(b) Sentenced to] or by serving a term of residential confinement for not less than 60 days [in residential confinement] nor more than 6 months, and shall be further punished by a fine of not less than $500 nor more than $1,000.A person who is punished [under] pursuant to this subsection may not be granted probation, and a sentence imposed for such a violation may not be suspended. A prosecutor may not dismiss a charge of such a violation in exchange for a plea of guilty, of guilty but mentally ill or of nolo contendere to a lesser charge or for any other reason, unless in his judgment the charge is not supported by probable cause or cannot be proved at trial. The provisions of this subsection do not apply if the period of revocation has expired but the person has not reinstated his license.
3. A term of imprisonment imposed pursuant to the provisions of this section may be served intermittently at the discretion of the judge or justice of the peace. This discretion must be exercised after considering all the circumstances surrounding the offense, and the family and employment of the person convicted. However, the full term of imprisonment must be served within 6 months after the date of conviction, and any segment of time the person is imprisoned must not consist of less than 24 hours.
4. Jail sentences simultaneously imposed pursuant to this section and NRS 484.3792, 484.37937 or 484.3794 must run consecutively.
5. [The department upon receiving] If the department receives a record of the conviction or punishment of any person pursuant to this section upon a charge of driving a vehicle while his license was:
(a) Suspended, the department shall extend the period of the suspension for an additional like period.
(b) Revoked, the department shall extend the period of ineligibility for a license, permit or privilege to drive for an additional 1 year.
(c) Restricted, the department shall revoke his restricted license and extend the period of ineligibility for a license, permit or privilege to drive for an additional 1 year.
(d) Suspended or canceled for an indefinite period, the department shall suspend his license for an additional 6 months for the first violation and an additional 1 year for each subsequent violation.
6. Suspensions and revocations imposed pursuant to this section must run consecutively.
Sec. 17. NRS 483.908 is hereby amended to read as follows:
483.908 The department shall adopt regulations:
1. Providing for the issuance, expiration, renewal, suspension, revocation and reinstatement of commercial drivers’ licenses;
2. Providing the same exemptions allowed pursuant to federal regulations for farmers, fire fighters, military personnel or any other class of operators or vehicles for which exemptions are authorized by federal law or regulations;
3. Specifying the violations which constitute grounds for disqualification from driving a commercial motor vehicle and the penalties associated with each violation;
4. Setting forth a schedule of various alcohol concentrations and the penalties which must be imposed if those concentrations are detected in the breath, blood, urine or other bodily substances of a person who is driving, operating or is in actual physical control of a commercial motor vehicle; and
5. Necessary to enable it to carry out the provisions of NRS 483.900 to 483.940, inclusive.
The department shall not adopt regulations which are more restrictive than the federal regulations adopted pursuant to the Commercial Motor Vehicle Safety Act of 1986, 49 U.S.C. §§ 2701-2716.
Sec. 18. NRS 483.922 is hereby amended to read as follows:
2. The tests must be administered pursuant to NRS 484.383 at the direction of a police officer who, after stopping or detaining [the driver of a commercial motor vehicle,] such a person, has reasonable grounds to believe that the [driver was driving] person was:
(a) Driving, operating or in actual physical control of a commercial motor vehicle while under the influence of intoxicating liquor or a controlled substance[.] ; or
(b) Engaging in any other conduct prohibited by NRS 484.379 or 484.3795.
Sec. 19. Chapter 484 of NRS is hereby amended by adding thereto a new section to read as follows:
“Prohibited substance” means any of the following substances if the person who uses the substance has not been issued a valid prescription to use the substance and the substance is classified in schedule I or II pursuant to NRS 453.166 or 453.176 when it is used:
1. Amphetamine.
2. Cocaine.
3. Heroin.
4. Lysergic acid diethylamide.
5. Marihuana.
6. Mecloqualone.
7. Methamphetamine.
8. Methaqualone.
9. Phencyclidine.
Sec. 20. NRS 484.013 is hereby amended to read as follows:
Sec. 21. NRS 484.259 is hereby amended to read as follows:
1. Except for the provisions of NRS 484.379 to 484.3947, inclusive, and any provisions made applicable[,] by specific statute, the provisions of this chapter[, except those relating to driving under the influence of controlled substances or intoxicating liquor as provided in NRS 484.379, 484.3795 and 484.384,] do not apply to persons, teams, motor vehicles and other equipment while actually engaged in work upon the surface of a highway . [but apply to such persons and]
2. The provisions of this chapter apply to the persons, teams, motor vehicles and other equipment described in subsection 1 when traveling to or from such work.
Sec. 22. NRS 484.379 is hereby amended to read as follows:
484.379 1. It is unlawful for any person who:
(a) Is under the influence of intoxicating liquor;
(b) Has 0.10 percent or more by weight of alcohol in his blood; or
(c) Is found by measurement within 2 hours after driving or being in actual physical control of a vehicle to have 0.10 percent or more by weight of alcohol in his blood,
to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access.
2. It is unlawful for any person who [is an habitual user of or] :
(a) Is under the influence of [any] a controlled substance[, or is] ;
(b) Is under the combined influence of intoxicating liquor and a controlled substance[, or any person who inhales,] ; or
(c) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely driving or exercising actual physical control of a vehicle ,
to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access. The fact that any person charged with a violation of this subsection is or has been entitled to use that drug under the laws of this state is not a defense against any charge of violating this subsection.
3. It is unlawful for any person who has a detectable amount of a prohibited substance in his blood, urine or other bodily substance to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access.
4. If consumption is proven by a preponderance of the evidence, it is an affirmative defense under paragraph (c) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after driving or being in actual physical control of the vehicle, and before his blood was tested, to cause the alcohol in his blood to equal or exceed 0.10 percent. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.
Sec. 23. NRS 484.3792 is hereby amended to read as follows:
484.3792 1. A person who violates the provisions of NRS 484.379:
(a) For the first offense within 7 years, is guilty of a misdemeanor. Unless he is allowed to undergo treatment as provided in NRS 484.37937, the court shall:
(1) Except as otherwise provided in subsection 6, order him to pay tuition for an educational course on the abuse of alcohol and controlled substances approved by the department and complete the course within the time specified in the order, and the court shall notify the department if he fails to complete the course within the specified time;
(2) Unless the sentence is reduced pursuant to NRS 484.37937, sentence him to imprisonment for not less than 2 days nor more than 6 months in jail, or to perform 96 hours of work for the community while dressed in distinctive garb that identifies him as having violated the provisions of NRS 484.379; and
(3) Fine him not less than $200 nor more than $1,000.
(b) For a second offense within 7 years, is guilty of a misdemeanor. Unless the sentence is reduced pursuant to NRS 484.3794, the court:
(1) Shall sentence him to:
(I) Imprisonment for not less than 10 days nor more than 6 months in jail; or
(II) Residential confinement for not less than 10 days nor more than 6 months, in the manner provided in NRS 4.376 to 4.3768, inclusive, or 5.0755 to 5.078, inclusive;
(2) Shall fine him not less than $500 nor more than $1,000;
(3) Shall order him to perform not less than 100 hours, but not more than 200 hours, of work for the community while dressed in distinctive garb that identifies him as having violated the provisions of NRS 484.379, unless the court finds that extenuating circumstances exist; and
(4) May order him to attend a program of treatment for the abuse of alcohol or drugs pursuant to the provisions of NRS 484.37945.
A person who willfully fails or refuses to complete successfully a term of residential confinement or a program of treatment ordered pursuant to this paragraph is guilty of a misdemeanor.
(c) For a third or subsequent offense within 7 years, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and shall be further punished by a fine of not less than $2,000 nor more than $5,000. An offender so imprisoned must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.
2. An offense that occurred within 7 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of this section when evidenced by a conviction, without regard to the sequence of the offenses and convictions. The facts concerning a prior offense must be alleged in the complaint, indictment or information, must not be read to the jury or proved at trial but must be proved at the time of sentencing and, if the principal offense is alleged to be a felony, must also be shown at the preliminary examination or presented to the grand jury.
3. A person convicted of violating the provisions of NRS 484.379 must not be released on probation, and a sentence imposed for violating those provisions must not be suspended except, as provided in NRS 4.373, 5.055, 484.37937 and 484.3794, that portion of the sentence imposed that exceeds the mandatory minimum. A prosecuting attorney shall not dismiss a charge of violating the provisions of NRS 484.379 in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial.
4. A term of confinement imposed pursuant to the provisions of this section may be served intermittently at the discretion of the judge or justice of the peace, except that a person who is convicted of a second or subsequent offense within 7 years must be confined for at least one segment of not less than 48 consecutive hours. This discretion must be exercised after considering all the circumstances surrounding the offense, and the family and employment of the offender, but any sentence of 30 days or less must be served within 6 months after the date of conviction or, if the offender was sentenced pursuant to NRS 484.37937 or 484.3794 and the suspension of his sentence was revoked, within 6 months after the date of revocation. Any time for which the offender is confined must consist of not less than 24 consecutive hours.
5. Jail sentences simultaneously imposed pursuant to this section and NRS 483.560 or 485.330 must run consecutively.
6. If the person who violated the provisions of NRS 484.379 possesses a driver’s license issued by a state other than the State of Nevada and does not reside in the State of Nevada, in carrying out the provisions of subparagraph (1) of paragraph (a) or (b) of subsection 1, the court shall:
(a) Order the person to pay tuition for and submit evidence of completion of an educational course on the abuse of alcohol and controlled substances approved by a governmental agency of the state of his residence within the time specified in the order; or
(b) Order him to complete an educational course by correspondence on the abuse of alcohol and controlled substances approved by the department within the time specified in the order,
and the court shall notify the department if the person fails to complete the assigned course within the specified time.
7. If the defendant was transporting a person who is less than 15 years of age in the motor vehicle at the time of the violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.
8. As used in this section, unless the context otherwise requires, “offense” means [a] :
(a) A violation of NRS 484.379 or 484.3795 [or a] ;
(b) A homicide resulting from [the] driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance[, or the] or resulting from any other conduct prohibited by NRS 484.379 or 484.3795; or
(c) A violation of a law of any other jurisdiction that prohibits the same or similar conduct[.] as set forth in paragraph (a) or (b).
Sec. 24. NRS 484.37937 is hereby amended to read as follows:
(a) The person is diagnosed as an alcoholic or abuser of drugs by a:
(1) Counselor or other person certified to make that diagnosis by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation; or
(2) Physician certified to make that diagnosis by the board of medical examiners;
(b) He agrees to pay the cost of the treatment to the extent of his financial resources; and
(c) He has served or will serve a term of imprisonment in jail of 1 day, or has performed or will perform 48 hours of work for the community.
2. A person may not apply to the court to undergo a program of treatment pursuant to subsection 1 if, within the immediately preceding 7 years, he has been found guilty of:
(a) A violation of NRS 484.3795;
(b) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance[;] or resulting from any other conduct prohibited by NRS 484.379 or 484.3795; or
(c) A violation of [the] a law of any other jurisdiction [which] that prohibits the same or similar conduct as set forth in paragraph (a) or (b).
3. For the purposes of subsection 1, a violation of [the] a law of any other jurisdiction [which] that prohibits the same or similar conduct as NRS 484.379 constitutes a violation of NRS 484.379.
4. A prosecuting attorney may, within 10 days after receiving notice of an application for treatment pursuant to this section, request a hearing on the question of whether the offender is eligible to undergo a program of treatment for alcoholism or drug abuse. The court shall order a hearing on the application upon the request of the prosecuting attorney or may order a hearing on its own motion. The hearing must be limited to the question of whether the offender is eligible to undergo such a program of treatment.
5. At the hearing on the application for treatment, the prosecuting attorney may present the court with any relevant evidence on the matter. If a hearing is not held, the court shall decide the matter upon affidavits and other information before the court.
6. If the court grants an application for treatment, the court shall:
(a) Immediately sentence the offender and enter judgment accordingly.
(b) Suspend the sentence of the offender for not more than 3 years upon the condition that the offender be accepted for treatment by a treatment facility, that he complete the treatment satisfactorily and that he comply with any other condition ordered by the court.
(c) Advise the offender that:
(1) If he is accepted for treatment by such a facility, he may be placed under the supervision of the facility for a period not to exceed 3 years and during treatment he may be confined in an institution or, at the discretion of the facility, released for treatment or supervised aftercare in the community.
(2) If he is not accepted for treatment by such a facility or he fails to complete the treatment satisfactorily, he shall serve the sentence imposed by the court. Any sentence of imprisonment must be reduced by a time equal to that which he served before beginning treatment.
(3) If he completes the treatment satisfactorily, his sentence will be reduced to a term of imprisonment which is no longer than that provided for the offense in paragraph (c) of subsection 1 and a fine of not more than the minimum fine provided for the offense in NRS 484.3792, but the conviction must remain on his record of criminal history.
7. The court shall administer the program of treatment pursuant to the procedures provided in NRS 458.320 and 458.330, except that the court:
(a) Shall not defer the sentence, set aside the conviction or impose conditions upon the election of treatment except as otherwise provided in this section.
(b) May immediately revoke the suspension of sentence for a violation of any condition of the suspension.
8. The court shall notify the department, on a form approved by the department, upon granting the application of the offender for treatment and his failure to be accepted for or complete treatment.
Sec. 25. NRS 484.3794 is hereby amended to read as follows:
(a) He is diagnosed as an alcoholic or abuser of drugs by a:
(1) Counselor or other person certified to make that diagnosis by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation; or
(2) Physician certified to make that diagnosis by the board of medical examiners;
(b) He agrees to pay the costs of the treatment to the extent of his financial resources; and
(c) He has served or will serve a term of imprisonment in jail of 5 days, and if required pursuant to NRS 484.3792, has performed or will perform not less than 50 hours, but not more than 100 hours, of work for the community.
2. A person may not apply to the court to undergo a program of treatment pursuant to subsection 1 if, within the immediately preceding 7 years, he has been found guilty of:
(a) A violation of NRS 484.3795;
(b) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance[;] or resulting from any other conduct prohibited by NRS 484.379 or 484.3795; or
(c) A violation of [the] a law of any other jurisdiction [which] that prohibits the same or similar conduct as set forth in paragraph (a) or (b).
3. For the purposes of subsection 1, a violation of [the] a law of any other jurisdiction [which] that prohibits the same or similar conduct as NRS 484.379 constitutes a violation of NRS 484.379.
4. A prosecuting attorney may, within 10 days after receiving notice of an application for treatment pursuant to this section, request a hearing on the matter. The court shall order a hearing on the application upon the request of the prosecuting attorney or may order a hearing on its own motion.
5. At the hearing on the application for treatment, the prosecuting attorney may present the court with any relevant evidence on the matter. If a hearing is not held, the court shall decide the matter upon affidavits and other information before the court.
6. If the court determines that an application for treatment should be granted, the court shall:
(a) Immediately sentence the offender and enter judgment accordingly.
(b) Suspend the sentence of the offender for not more than 3 years upon the condition that the offender be accepted for treatment by a treatment facility, that he complete the treatment satisfactorily and that he comply with any other condition ordered by the court.
(c) Advise the offender that:
(1) If he is accepted for treatment by such a facility, he may be placed under the supervision of the facility for a period not to exceed 3 years and during treatment he may be confined in an institution or, at the discretion of the facility, released for treatment or supervised aftercare in the community.
(2) If he is not accepted for treatment by such a facility or he fails to complete the treatment satisfactorily, he shall serve the sentence imposed by the court. Any sentence of imprisonment must be reduced by a time equal to that which he served before beginning treatment.
(3) If he completes the treatment satisfactorily, his sentence will be reduced to a term of imprisonment which is no longer than that provided for the offense in paragraph (c) of subsection 1 and a fine of not more than the minimum provided for the offense in NRS 484.3792, but the conviction must remain on his record of criminal history.
7. The court shall administer the program of treatment pursuant to the procedures provided in NRS 458.320 and 458.330, except that the court:
(a) Shall not defer the sentence, set aside the conviction or impose conditions upon the election of treatment except as otherwise provided in this section.
(b) May immediately revoke the suspension of sentence for a violation of a condition of the suspension.
8. The court shall notify the department, on a form approved by the department, upon granting the application of the offender for treatment and his failure to be accepted for or complete treatment.
Sec. 26. NRS 484.37945 is hereby amended to read as follows:
(a) Order the offender confined in a treatment facility, then release the offender for supervised aftercare in the community; or
(b) Release the offender for treatment in the community,
for the period of supervision ordered by the court.
2. The court shall:
(a) Require the treatment facility to submit monthly progress reports on the treatment of an offender pursuant to this section; and
(b) Order the offender, to the extent of his financial resources, to pay any charges for his treatment pursuant to this section. If the offender does not have the financial resources to pay all [of] those charges, the court shall, to the extent possible, arrange for the offender to obtain his treatment from a treatment facility that receives a sufficient amount of federal or state money to offset the remainder of the charges.
3. A treatment facility is not liable for any damages to person or property caused by a person who [drives] :
(a) Drives, operates or is in actual physical control of a vehicle or a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance ; or
(b) Engages in any other conduct prohibited by NRS 484.379, 484.3795, subsection 2 of NRS 488.400, NRS 488.410 or 488.420 or a law of any other jurisdiction that prohibits the same or similar conduct,
after the treatment facility has certified to his successful completion of a program of treatment ordered pursuant to paragraph (b) of subsection 1 of NRS 484.3792.
Sec. 27. NRS 484.3795 is hereby amended to read as follows:
(a) Is under the influence of intoxicating liquor;
(b) Has 0.10 percent or more by weight of alcohol in his blood;
(c) Is found by measurement within 2 hours after driving or being in actual physical control of a vehicle to have 0.10 percent or more by weight of alcohol in his blood;
(d) Is under the influence of a controlled substance[,] or is under the combined influence of intoxicating liquor and a controlled substance; [or]
(e) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely driving or exercising actual physical control of a vehicle[,] ; or
(f) Has a detectable amount of a prohibited substance in his blood, urine or other bodily substance,
and does any act or neglects any duty imposed by law while driving or in actual physical control of any vehicle on or off the highways of this state, if the act or neglect of duty proximately causes the death of, or substantial bodily harm to, a person other than himself, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years and must be further punished by a fine of not less than $2,000 nor more than $5,000. A person so imprisoned must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.
2. A prosecuting attorney shall not dismiss a charge of violating the provisions of subsection 1 in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial. A sentence imposed pursuant to subsection 1 may not be suspended nor may probation be granted.
3. If consumption is proven by a preponderance of the evidence, it is an affirmative defense under paragraph (c) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after driving or being in actual physical control of the vehicle, and before his blood was tested, to cause the alcohol in his blood to equal or exceed 0.10 percent. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.
4. If the defendant was transporting a person who is less than 15 years of age in the motor vehicle at the time of the violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.
Sec. 28. NRS 484.3797 is hereby amended to read as follows:
(a) Have been injured or had members of their families or close friends injured or killed by [persons] a person who was driving or in actual physical control of a vehicle while under the influence of [an] intoxicating liquor or a controlled substance[;] or who was engaging in any other conduct prohibited by NRS 484.379 or 484.3795 or a law of any other jurisdiction that prohibits the same or similar conduct; and
(b) Have, by contacting the judge or judges in the district, expressed their willingness to discuss collectively the personal effect of those crimes.
The list must include the name and telephone number of the person to be contacted regarding each such panel and a schedule of times and locations of the meetings of each such panel. The judge or judges shall establish, in cooperation with representatives of the members of the panels, a fee, if any, to be paid by defendants who are ordered to attend a meeting of the panel. The amount of the fee, if any, must be reasonable. The panel may not be operated for profit.
2. Except as otherwise provided in this subsection, if a defendant pleads guilty or guilty but mentally ill to, or is found guilty of, any violation of NRS 484.379 or 484.3795, the court shall, in addition to imposing any other penalties provided by law, order the defendant to:
(a) Attend, at the defendant’s expense, a meeting of a panel of persons who have been injured or had members of their families or close friends injured or killed by [persons] a person who was driving or in actual physical control of a vehicle while under the influence of [an] intoxicating liquor or a controlled substance[,] or who was engaging in any other conduct prohibited by NRS 484.379 or 484.3795 or a law of any other jurisdiction that prohibits the same or similar conduct, in order to have the defendant understand the effect such a crime has on other persons; and
(b) Pay the fee, if any, established by the court pursuant to subsection 1.
The court may, but is not required to, order the defendant to attend such a meeting if one is not available within 60 miles of the defendant’s residence.
3. A person ordered to attend a meeting pursuant to subsection 2 shall, after attending the meeting, present evidence or other documentation satisfactory to the court that he attended the meeting and remained for its entirety.
Sec. 29. NRS 484.382 is hereby amended to read as follows:
(a) Driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance[.] ; or
(b) Engaging in any other conduct prohibited by NRS 484.379 or 484.3795.
2. If the person fails to submit to the test, the officer shall seize his license or permit to drive as provided in NRS 484.385 and arrest him and take him to a convenient place for the administration of a reasonably available evidentiary test under NRS 484.383.
3. The result of the preliminary test must not be used in any criminal action, except to show there were reasonable grounds to make an arrest.
Sec. 30. NRS 484.383 is hereby amended to read as follows:
(a) Driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance[.] ; or
(b) Engaging in any other conduct prohibited by NRS 484.379 or 484.3795.
2. If the person to be tested pursuant to subsection 1 is dead or unconscious, the officer shall direct that samples of blood from the person be tested.
3. Any person who is afflicted with hemophilia or with a heart condition requiring the use of an anticoagulant as determined by a physician is exempt from any blood test which may be required pursuant to this section but must, when appropriate pursuant to the provisions of this section, be required to submit to a breath or urine test.
4. If the alcoholic content of the blood or breath of the person to be tested is in issue:
(a) Except as otherwise provided in this section, the person may refuse to submit to a blood test if means are reasonably available to perform a breath test.
(b) The person may request a blood test, but if means are reasonably available to perform a breath test when the blood test is requested, and the person is subsequently convicted, he must pay for the cost of the blood test, including the fees and expenses of witnesses in court.
(c) A police officer may direct the person to submit to a blood test [as set forth in subsection 7] if the officer has reasonable grounds to believe that the person:
(1) Caused death or substantial bodily harm to another person as a result of driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance[;] or as a result of engaging in any other conduct prohibited by NRS 484.379 or 484.3795; or
(2) Has been convicted within the previous 7 years of:
(I) A violation of NRS 484.379, 484.3795, subsection 2 of NRS 488.400, NRS 488.410 or 488.420 or a law of another jurisdiction that prohibits the same or similar conduct; or
(II) Any other offense in this state or another jurisdiction in which death or substantial bodily harm to another person resulted from [driving, operating or being in actual physical control of a vehicle or a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance.] conduct prohibited by a law set forth in sub-subparagraph (I).
5. If the presence of a controlled substance , chemical, poison or organic solvent in the blood , urine or other bodily substance of the person is in issue, the officer may direct him to submit to a blood or urine test, or both, in addition to the breath test.
6. Except as otherwise provided in subsections 3 and 5, a police officer shall not direct a person to submit to a urine test.
7. If a person to be tested fails to submit to a required test as directed by a police officer pursuant to this section and the officer has reasonable grounds to believe that the person to be tested was [driving] :
(a) Driving or in actual physical control of a [motor] vehicle while under the influence of intoxicating liquor or a controlled substance[,] ; or
(b) Engaging in any other conduct prohibited by NRS 484.379 or 484.3795,
the officer may direct that reasonable force be used to the extent necessary to obtain samples of blood from the person to be tested. Not more than three such samples may be taken during the 5-hour period immediately following the time of the initial arrest. In such a circumstance, the officer is not required to provide the person with a choice of tests for determining the alcoholic content or presence of a controlled substance in his blood.
8. If a person who is less than 18 years of age is directed to submit to an evidentiary test pursuant to this section, the officer shall, before testing the person, make a reasonable attempt to notify the parent, guardian or custodian of the person, if known.
Sec. 31. NRS 484.385 is hereby amended to read as follows:
2. When a police officer has served an order of revocation of a driver’s license, permit or privilege on a person pursuant to subsection 1, or later receives the result of an evidentiary test which indicates that a person, not then present, had 0.10 percent or more by weight of alcohol in his blood or had a detectable amount of a controlled substance in his [system,] blood, urine or other bodily substance, the officer shall immediately prepare and transmit to the department, together with the seized license or permit and a copy of the result of the test, a written certificate that he had reasonable grounds to believe that the person had been driving or in actual physical control of a vehicle with 0.10 percent or more by weight of alcohol in his blood or with a detectable amount of a controlled substance in his [system,] blood, urine or other bodily substance, as determined by a chemical test. The certificate must also indicate whether the officer served an order of revocation on the person and whether he issued the person a temporary license.
3. The department, upon receipt of such a certificate for which an order of revocation has not been served, after examining the certificate and copy of the result of the chemical test, if any, and finding that revocation is proper, shall issue an order revoking the person’s license, permit or privilege to drive by mailing the order to the person at his last known address. The order must indicate the grounds for the revocation and the period during which the person is not eligible for a license, permit or privilege to drive and state that the person has a right to administrative and judicial review of the revocation and to have a temporary license. The order of revocation becomes effective 5 days after mailing.
4. Notice of an order of revocation and notice of the affirmation of a prior order of revocation or the cancellation of a temporary license provided in NRS 484.387 is sufficient if it is mailed to the person’s last known address as shown by any application for a license. The date of mailing may be proved by the certificate of any officer or employee of the department, specifying the time of mailing the notice. The notice is presumed to have been received upon the expiration of 5 days after it is deposited, postage prepaid, in the United States mail.
5. As used in this section, “controlled substance” means any of the following substances [for which] if the person who uses the substance has not been issued a valid prescription [has not been issued to the consumer:] to use the substance and the substance is classified in schedule I or II pursuant to NRS 453.166 or 453.176 when it is used:
(a) Amphetamine;
(b) Benzoylecgonine;
(c) Cocaine;
(d) Heroin;
(e) Lysergic acid diethylamide;
(f) Marihuana;
(g) Mecloqualone;
[(g)] (h) Mescaline;
[(h)] (i) Methamphetamine;
[(i)] (j) Methaqualone;
[(j)] (k) Monoacetylmorphine;
[(k)] (l) Phencyclidine;
[(l)] (m) N-ethylamphetamine;
[(m)] (n) N, N-dimethylamphetamine;
[(n)] (o) 2, 5-dimethoxyamphetamine;
[(o)] (p) 3, 4-methylenedioxyamphetamine;
[(p)] (q) 3, 4, 5-trimethoxyamphetamine;
[(q)] (r) 4-bromo-2, 5-dimethoxyamphetamine;
[(r)] (s) 4-methoxyamphetamine;
[(s)] (t) 4-methyl-2, 5-dimethoxyamphetamine;
[(t)] (u) 5-dimethoxy-alpha-methylphenethylamine; or
[(u)] (v) 5-methoxy-3, 4-methylenedioxyamphetamine . [,
if the substance is classified in schedule I or II pursuant to NRS 453.166 or 453.176 at the time the substance is consumed.]
Sec. 32. NRS 484.387 is hereby amended to read as follows:
2. The scope of the hearing must be limited to the issue of whether the person, at the time of the test, had 0.10 percent or more by weight of alcohol in his blood or a detectable amount of a controlled substance in his [system.] blood, urine or other bodily substance. Upon an affirmative finding on this issue, the department shall affirm the order of revocation. Otherwise, the order of revocation must be rescinded.
3. If, after the hearing, the order of revocation is affirmed, the person whose license, privilege or permit has been revoked is entitled to a review of the same issues in district court in the same manner as provided by chapter 233B of NRS. The court shall notify the department upon the issuance of a stay and the department shall issue an additional temporary license for a period which is sufficient to complete the review.
4. If a hearing officer grants a continuance of a hearing at the request of the person whose license was revoked, or a court does so after issuing a stay of the revocation, the officer or court shall notify the department, and the department shall cancel the temporary license and notify the holder by mailing the order of cancellation to his last known address.
Sec. 33. NRS 484.389 is hereby amended to read as follows:
(a) Driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance[.] ; or
(b) Engaging in any other conduct prohibited by NRS 484.379 or 484.3795.
2. Except as otherwise provided in subsection 3 of NRS 484.382, a court or hearing officer may not exclude evidence of a required test or failure to submit to such a test if the police officer or other person substantially complied with the provisions of NRS 484.382 to 484.393, inclusive.
3. If a person submits to a chemical test provided for in NRS 484.382 or 484.383, full information concerning that test must be made available, upon his request, to him or his attorney.
4. Evidence of a required test is not admissible in a criminal or administrative proceeding unless it is shown by documentary or other evidence that the law enforcement agency calibrated the breath-testing device and otherwise maintained it as required by the regulations of the committee on testing for intoxication.
Sec. 34. NRS 484.391 is hereby amended to read as follows:
(a) The alcoholic content of his blood ; or [the presence of]
(b) Whether a controlled substance , chemical, poison or organic solvent is present in his blood[.] , urine or other bodily substance.
2. The failure or inability to obtain such a test or tests by such a person [shall] does not preclude the admission of evidence relating to the refusal to submit to a test or relating to a test taken upon the request of a police officer.
3. A test obtained under the provisions of this section may not be substituted for or stand in lieu of the test required by NRS 484.383.
Sec. 35. NRS 484.393 is hereby amended to read as follows:
(a) The blood tested was withdrawn by a physician, physician’s assistant, registered nurse, licensed practical nurse, emergency medical technician or a technician, technologist or assistant employed in a medical laboratory;
(b) The test was performed on whole blood, except if the sample was clotted when it was received by the laboratory, the test may be performed on blood serum or plasma; and
(c) The person who withdrew the blood was authorized to do so by the appropriate medical licensing or certifying agency.
2. The limitation contained in paragraph (a) of subsection 1 does not apply to the taking of a chemical test of the urine, breath or other bodily substance.
3. No person listed in paragraph (a) of subsection 1 incurs any civil or criminal liability as a result of the administering of a blood test when requested by a police officer or the person to be tested to administer the test.
Sec. 36. NRS 484.791 is hereby amended to read as follows:
(a) Homicide by vehicle;
(b) [Driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or with 0.10 percent or more by weight of alcohol in his blood;
(c) Driving or being in actual physical control of a vehicle while under the influence of any controlled substance, under the combined influence of intoxicating liquor and a controlled substance, or after ingesting, applying or otherwise using any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders the person incapable of safely driving or exercising actual physical control of a vehicle;] A violation of NRS 484.379;
(c) A violation of NRS 484.3795;
(d) Failure to stop, give information or render reasonable assistance in the event of an accident resulting in death or personal injuries[, as prescribed] in violation of NRS 484.219 [and] or 484.223;
(e) Failure to stop or give information in the event of an accident resulting in damage to a vehicle or to other property legally upon or adjacent to a highway[, as prescribed] in violation of NRS 484.221 [and] or 484.225;
(f) Reckless driving;
(g) Driving a motor vehicle on a highway or on premises to which the public has access at a time when his driver’s license has been canceled, revoked or suspended; or
(h) Driving a motor vehicle in any manner in violation of the restrictions imposed in a restricted license issued to him pursuant to NRS 483.490.
2. Whenever any person is arrested as authorized in this section, he must be taken without unnecessary delay before the proper magistrate as specified in NRS 484.803, except that in the case of either of the offenses designated in paragraphs (e) and (f) a peace officer has the same discretion as is provided in other cases in NRS 484.795.
Sec. 37. NRS 488.035 is hereby amended to read as follows:
488.035 As used in this chapter, unless the context otherwise requires:
1. “Commission” means the board of wildlife commissioners.
2. “Flat wake” means the condition of the water close astern a moving vessel that results in a flat wave disturbance.
3. “Legal owner” means a secured party under a security agreement relating to a vessel or a renter or lessor of a vessel to the state or any political subdivision of the state under a lease or an agreement to lease and sell or to rent and purchase which grants possession of the vessel to the lessee for a period of 30 consecutive days or more.
4. “Motorboat” means any vessel propelled by machinery, whether or not the machinery is the principal source of propulsion.
5. “Operate” means to navigate or otherwise use a motorboat or a vessel.
6. “Owner” means:
(a) A person having all the incidents of ownership, including the legal title of a vessel, whether or not he lends, rents or pledges the vessel; and
(b) A debtor under a security agreement relating to a vessel.
“Owner” does not include a person defined as a “legal owner” under subsection 3.
7. “Prohibited substance” has the meaning ascribed to it in section 19 of this act.
8. “Registered owner” means the person registered by the commission as the owner of a vessel.
[8.] 9. A vessel is “under way” if it is adrift, making way, or being propelled, and is not aground, made fast to the shore, or tied or made fast to a dock or mooring.
[9.] 10. “Vessel” means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water.
[10.] 11. “Waters of this state” means any waters within the territorial limits of this state.
Sec. 38. NRS 488.410 is hereby amended to read as follows:
488.410 1. It is unlawful for any person who:
(a) Is under the influence of intoxicating liquor;
(b) Has 0.10 percent or more by weight of alcohol in his blood; or
(c) Is found by measurement within 2 hours after operating or being in actual physical control of a vessel to have 0.10 percent or more by weight of alcohol in his blood,
to operate or be in actual physical control of a vessel under power or sail on the waters of this state.
2. It is unlawful for any person who:
(a) Is under the influence of [any] a controlled substance;
(b) Is under the combined influence of intoxicating liquor and a controlled substance; or
(c) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely operating or exercising actual physical control of a vessel under power or sail,
to operate or [exercise] be in actual physical control of a vessel under power or sail on the waters of this state.
3. It is unlawful for any person who has a detectable amount of a prohibited substance in his blood, urine or other bodily substance to operate or be in actual physical control of a vessel under power or sail on the waters of this state.
4. If consumption is proven by a preponderance of the evidence, it is an affirmative defense under paragraph (c) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after operating or being in actual physical control of the vessel, and before his blood was tested, to cause the alcohol in his blood to equal or exceed 0.10 percent. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.
Sec. 39. NRS 488.420 is hereby amended to read as follows:
488.420 1. A person who:
(a) Is under the influence of intoxicating liquor;
(b) Has 0.10 percent or more by weight of alcohol in his blood;
(c) Is found by measurement within 2 hours after operating or being in actual physical control of a vessel under power or sail to have 0.10 percent or more by weight of alcohol in his blood;
(d) Is under the influence of a controlled substance[,] or is under the combined influence of intoxicating liquor and a controlled substance; [or]
(e) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely operating or being in actual physical control of a vessel under power or sail[,] ; or
(f) Has a detectable amount of a prohibited substance in his blood, urine or other bodily substance,
and does any act or neglects any duty imposed by law while operating or being in actual physical control of any vessel under power or sail, if the act or neglect of duty proximately causes the death of, or substantial bodily harm to, a person other than himself, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years and shall be further punished by a fine of not less than $2,000 nor more than $5,000. A person so imprisoned must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.
2. A prosecuting attorney shall not dismiss a charge of violating the provisions of subsection 1 in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial. A sentence imposed pursuant to subsection 1 must not be suspended, and probation must not be granted.
3. If consumption is proven by a preponderance of the evidence, it is an affirmative defense under paragraph (c) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after operating or being in actual physical control of the vessel under power or sail, and before his blood was tested, to cause the alcohol in his blood to equal or exceed 0.10 percent. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.
4. If a person less than 15 years of age was in the vessel at the time of the defendant’s violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.
Sec. 40. NRS 488.450 is hereby amended to read as follows:
(a) Operating or in actual physical control of a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance[.] ; or
(b) Engaging in any other conduct prohibited by NRS 488.410 or 488.420.
2. If the person fails to submit to the test, the officer shall arrest him and take him to a convenient place for the administration of a reasonably available evidentiary test under NRS 488.460.
3. The result of the preliminary test must not be used in any criminal action, except to show there were reasonable grounds to make an arrest.
Sec. 41. NRS 488.460 is hereby amended to read as follows:
(a) Operating or in actual physical control of a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance[.] ; or
(b) Engaging in any other conduct prohibited by NRS 488.410 or 488.420.
2. If the person to be tested pursuant to subsection 1 is dead or unconscious, the officer shall direct that samples of blood from the person be tested.
3. Any person who is afflicted with hemophilia or with a heart condition requiring the use of an anticoagulant as determined by a physician is exempt from any blood test which may be required pursuant to this section, but must, when appropriate pursuant to the provisions of this section, be required to submit to a breath or urine test.
4. If the alcoholic content of the blood or breath of the person to be tested is in issue:
(a) Except as otherwise provided in this section, the person may refuse to submit to a blood test if means are reasonably available to perform a breath test.
(b) The person may request a blood test, but if means are reasonably available to perform a breath test when the blood test is requested, and the person is subsequently convicted, he must pay for the cost of the blood test, including the fees and expenses of witnesses in court.
(c) A peace officer may direct the person to submit to a blood test [as set forth in subsection 7] if the officer has reasonable grounds to believe that the person:
(1) Caused death or substantial bodily harm to another person as a result of operating or being in actual physical control of a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance[;] or as a result of engaging in any other conduct prohibited by NRS 488.410 or 488.420; or
(2) Has been convicted within the previous 7 years of:
(I) A violation of NRS 484.379, 484.3795, subsection 2 of NRS 488.400, NRS 488.410 or 488.420 or a law of another jurisdiction that prohibits the same or similar conduct; or
(II) Any other offense in this state or another jurisdiction in which death or substantial bodily harm to another person resulted from [driving, operating or being in actual physical control of a vehicle or a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance.] conduct prohibited by a law set forth in sub-subparagraph (I).
5. If the presence of a controlled substance, chemical, poison or organic solvent in the blood , urine or other bodily substance of the person is in issue, the officer may direct him to submit to a blood or urine test, or both, in addition to the breath test.
6. Except as otherwise provided in subsections 3 and 5, a peace officer shall not direct a person to submit to a urine test.
7. If a person to be tested fails to submit to a required test as directed by a peace officer pursuant to this section and the officer has reasonable grounds to believe that the person to be tested was [operating] :
(a) Operating or in actual physical control of a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance[,] ; or
(b) Engaging in any other conduct prohibited by NRS 488.410 or 488.420,
the officer may direct that reasonable force be used to the extent necessary to obtain samples of blood from the person to be tested. Not more than three such samples may be taken during the 5-hour period immediately following the time of the initial arrest. In such a circumstance, the officer is not required to provide the person with a choice of tests for determining the alcoholic content or presence of a controlled substance in his blood.
Sec. 42. NRS 488.480 is hereby amended to read as follows:
(a) Operating or in actual physical control of a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance[.
2. A] ; or
(b) Engaging in any other conduct prohibited by NRS 488.410 or 488.420.
2. Except as otherwise provided in subsection 3 of NRS 488.450, a court may not exclude evidence of a required test or failure to submit to such a test if the peace officer or other person substantially complied with the provisions of NRS [488.460.] 488.450 to 488.500, inclusive.
3. If a person submits to a chemical test provided for in NRS 488.450 or 488.460, full information concerning that test must be made available, upon his request, to him or his attorney.
4. Evidence of a required test is not admissible in a criminal proceeding unless it is shown by documentary or other evidence that the device for testing breath was certified, calibrated, maintained and operated as provided by the regulations of the committee on testing for intoxication adopted pursuant to NRS 484.3882, 484.3884, 484.3886 or 484.3888.
5. If the device for testing breath has been certified by the committee on testing for intoxication to be accurate and reliable pursuant to subsection 1 of NRS 484.3882, it is presumed that, as designed and manufactured, the device is accurate and reliable for the purpose of testing a person’s breath to determine the percent by weight of alcohol in the person’s breath.
6. A court shall take judicial notice of the certification by the director of a person to operate testing devices of one of the certified types. If a test to determine the amount of alcohol in a person’s breath has been performed with a certified type of device by a person who is certified pursuant to NRS 484.3886 or 484.3888, it is presumed that the person operated the device properly.
7. This section does not preclude the admission of evidence of a test of a person’s breath where the:
(a) Information is obtained through the use of a device other than one of a type certified by the committee on testing for intoxication.
(b) Test has been performed by a person other than one who is certified by the director.
Sec. 43. NRS 488.490 is hereby amended to read as follows:
(a) The alcoholic content of his blood ; or [the presence of]
(b) Whether a controlled substance , chemical, poison or organic solvent is present in his blood[.] , urine or other bodily substance.
2. The failure or inability to obtain such a test does not preclude the admission of evidence relating to the refusal to submit to a test or relating to a test taken upon the request of a peace officer.
3. A test obtained under the provisions of this section may not be substituted for or stand in lieu of the test required by NRS 488.460.
Sec. 44. NRS 488.500 is hereby amended to read as follows:
(a) The blood tested was withdrawn by a physician, registered nurse, licensed practical nurse, emergency medical technician or a technician, technologist or assistant employed in a medical laboratory;
(b) The test was performed on whole blood, except if the sample was clotted when it was received by the laboratory, the test may be performed on blood serum or plasma; and
(c) The person who withdrew the blood was authorized to do so by the appropriate licensing or certifying agency.
2. The limitation contained in paragraph (a) of subsection 1 does not apply to the taking of a chemical test of the urine, breath or other bodily substance.
3. No person listed in paragraph (a) of subsection 1 incurs any civil or criminal liability as a result of the administering of a blood test when requested by a peace officer or the person to be tested to administer the test.
Sec. 45. NRS 629.065 is hereby amended to read as follows:
(a) The patient is suspected of [driving, operating or being in actual physical control of a vehicle or a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance in violation of] having violated NRS 484.379, 484.3795, subsection 2 of NRS 488.400, NRS 488.410 or 488.420; and
(b) The records would aid in the related investigation.
To the extent possible, the provider of health care shall limit the inspection to the portions of the records which pertain to the presence of alcohol or a controlled substance , chemical, poison or organic solvent in the blood, breath , [or] urine or other bodily substance of the patient.
2. The records must be made available at a place within the depository convenient for physical inspection. Inspection must be permitted at all reasonable office hours and for a reasonable length of time. The provider of health care shall also furnish a copy of the records to [the] each law enforcement agent or district attorney described in subsection 1 who requests [it] the copy and pays the costs of reproducing the copy.
3. Records made available pursuant to this section may be presented as evidence during a related administrative or criminal proceeding against the patient.
4. A provider of health care[,] and his agents and employees are immune from any civil action for any disclosures made in accordance with the provisions of this section or any consequential damages.
Sec. 46. NRS 690B.029 is hereby amended to read as follows:
(a) Successfully completes, after attaining 55 years of age and every 3 years thereafter, a course of traffic safety approved by the department of motor vehicles and public safety; and
(b) For the 3-year period before completing the course of traffic safety and each 3-year period thereafter:
(1) Is not involved in an accident involving a motor vehicle for which the insured is at fault;
(2) Maintains a driving record free of violations; and
(3) Has not been convicted of or entered a plea of guilty, guilty but mentally ill or nolo contendere to a moving traffic violation or an offense involving [the] :
(I) The operation of a motor vehicle while under the influence of intoxicating liquor or a controlled [substances.] substance; or
(II) Any other conduct prohibited by NRS 484.379 or 484.3795 or a law of any other jurisdiction that prohibits the same or similar conduct.
2. The reduction in the premiums provided for in subsection 1 must be based on the actuarial and loss experience data available to each insurer and must be approved by the commissioner. Each reduction must be calculated based on the amount of the premium before any reduction in that premium is made pursuant to this section, and not on the amount of the premium once it has been reduced.
3. A course of traffic safety that an insured is required to complete as the result of moving traffic violations must not be used as the basis for a reduction in premiums pursuant to this section.
4. The organization that offers a course of traffic safety approved by the department of motor vehicles and public safety shall issue a certificate to each person who successfully completes the course. A person must use the certificate to qualify for the reduction in the premiums pursuant to this section.
5. The commissioner shall review and approve or disapprove a policy of insurance that offers a reduction in the premiums pursuant to subsection 1. An insurer must receive written approval from the commissioner before delivering or issuing a policy with a provision containing such a reduction.
Sec. 47. NRS 706.8841 is hereby amended to read as follows:
(a) Require the applicant to submit a set of his fingerprints, which must be forwarded to the Federal Bureau of Investigation to ascertain whether the applicant has a criminal record and the nature of any such record, and shall further investigate the applicant’s background; and
(b) Require proof that the applicant:
(1) Has been a resident of the state for 30 days before his application for a permit;
(2) Can read and orally communicate in the English language; and
(3) Has a valid license issued under NRS 483.325 which authorizes him to drive a taxicab in this state.
2. The administrator may refuse to issue a driver’s permit if the applicant has been convicted of:
(a) A felony, other than a felony [for a] involving any sexual offense, in [the State of Nevada] this state or any other [state, territory or nation] jurisdiction within 5 years before the date of the application[, or a] ;
(b) A felony involving any sexual offense in this state or any other jurisdiction at any time[; or
(b) Driving under the influence of intoxicating beverages, dangerous drugs or controlled substances] before the date of the application; or
(c) A violation of NRS 484.379 or 484.3795 or a law of any other jurisdiction that prohibits the same or similar conduct within 3 years before the date of the application.
3. The administrator may refuse to issue a driver’s permit if the administrator, after the background investigation of the applicant, determines that the applicant is morally unfit or if the issuance of the driver’s permit would be detrimental to public health, welfare or safety.
4. A taxicab driver shall pay to the administrator, in advance, $20 for an original driver’s permit and $5 for a renewal.
Sec. 48. Section 1 of Assembly Bill No. 23 of this session is hereby amended to read as follows:
Section 1. NRS 484.3792 is hereby amended to read as follows:
484.3792 1. A person who violates the provisions of NRS 484.379:
(a) For the first offense within 7 years, is guilty of a misdemeanor. Unless he is allowed to undergo treatment as provided in NRS 484.37937, the court shall:
(1) Except as otherwise provided in subsection 6, order him to pay tuition for an educational course on the abuse of alcohol and controlled substances approved by the department and complete the course within the time specified in the order, and the court shall notify the department if he fails to complete the course within the specified time;
(2) Unless the sentence is reduced pursuant to NRS 484.37937, sentence him to imprisonment for not less than 2 days nor more than 6 months in jail, or to perform 96 hours of work for the community while dressed in distinctive garb that identifies him as having violated the provisions of NRS 484.379; and
(3) Fine him not less than [$200] $400 nor more than $1,000.
(b) For a second offense within 7 years, is guilty of a misdemeanor. Unless the sentence is reduced pursuant to NRS 484.3794, the court:
(1) Shall sentence him to:
(I) Imprisonment for not less than 10 days nor more than 6 months in jail; or
(II) Residential confinement for not less than 10 days nor more than 6 months, in the manner provided in NRS 4.376 to 4.3768, inclusive, or 5.0755 to 5.078, inclusive;
(2) Shall fine him not less than [$500] $750 nor more than $1,000;
(3) Shall order him to perform not less than 100 hours, but not more than 200 hours, of work for the community while dressed in distinctive garb that identifies him as having violated the provisions of NRS 484.379, unless the court finds that extenuating circumstances exist; and
(4) May order him to attend a program of treatment for the abuse of alcohol or drugs pursuant to the provisions of NRS 484.37945.
A person who willfully fails or refuses to complete successfully a term of residential confinement or a program of treatment ordered pursuant to this paragraph is guilty of a misdemeanor.
(c) For a third or subsequent offense within 7 years, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and shall be further punished by a fine of not less than $2,000 nor more than $5,000. An offender so imprisoned must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.
2. An offense that occurred within 7 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of this section when evidenced by a conviction, without regard to the sequence of the offenses and convictions. The facts concerning a prior offense must be alleged in the complaint, indictment or information, must not be read to the jury or proved at trial but must be proved at the time of sentencing and, if the principal offense is alleged to be a felony, must also be shown at the preliminary examination or presented to the grand jury.
3. A person convicted of violating the provisions of NRS 484.379 must not be released on probation, and a sentence imposed for violating those provisions must not be suspended except, as provided in NRS 4.373, 5.055, 484.37937 and 484.3794, that portion of the sentence imposed that exceeds the mandatory minimum. A prosecuting attorney shall not dismiss a charge of violating the provisions of NRS 484.379 in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial.
4. A term of confinement imposed pursuant to the provisions of this section may be served intermittently at the discretion of the judge or justice of the peace, except that a person who is convicted of a second or subsequent offense within 7 years must be confined for at least one segment of not less than 48 consecutive hours. This discretion must be exercised after considering all the circumstances surrounding the offense, and the family and employment of the offender, but any sentence of 30 days or less must be served within 6 months after the date of conviction or, if the offender was sentenced pursuant to NRS 484.37937 or 484.3794 and the suspension of his sentence was revoked, within 6 months after the date of revocation. Any time for which the offender is confined must consist of not less than 24 consecutive hours.
5. Jail sentences simultaneously imposed pursuant to this section and NRS 483.560 or 485.330 must run consecutively.
6. If the person who violated the provisions of NRS 484.379 possesses a driver’s license issued by a state other than the State of Nevada and does not reside in the State of Nevada, in carrying out the provisions of subparagraph (1) of paragraph (a) or (b) of subsection 1, the court shall:
(a) Order the person to pay tuition for and submit evidence of completion of an educational course on the abuse of alcohol and controlled substances approved by a governmental agency of the state of his residence within the time specified in the order; or
(b) Order him to complete an educational course by correspondence on the abuse of alcohol and controlled substances approved by the department within the time specified in the order,
and the court shall notify the department if the person fails to complete the assigned course within the specified time.
7. If the defendant was transporting a person who is less than 15 years of age in the motor vehicle at the time of the violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.
8. As used in this section, unless the context otherwise requires, “offense” means:
(a) A violation of NRS 484.379 or 484.3795;
(b) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484.379 or 484.3795; or
(c) A violation of a law of any other jurisdiction that prohibits the same or similar conduct as set forth in paragraph (a) or (b).
Sec. 49. The amendatory provisions of this act do not apply to offenses committed before the effective date of this act.
Sec. 50. This act becomes effective upon passage and approval.”.
Amend the title of the bill to read as follows:
“AN ACT relating to controlled substances; prohibiting a person from driving or operating a vehicle or vessel if the person has a detectable amount of certain prohibited substances in his blood, urine or other bodily substance; making various other changes concerning controlled substances and impaired operation of vehicles and vessels; providing penalties; and providing other matters properly relating thereto.”.
Senator Porter moved the adoption of the amendment.
Remarks by Senator Porter.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 501.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 522.
Amend section 1, page 1, line 3, after “shall” by inserting “annually”.
Amend sec. 7, page 7, line 36, after “shall” by inserting “annually”.
Amend sec. 9, page 9, line 3, after “shall” by inserting “annually”.
Amend the title of the bill, fifth line, after “forms” by inserting “annually”.
Senator O’Connell moved the adoption of the amendment.
Remarks by Senator O’Connell.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Joint Resolution No. 8.
Resolution read second time.
The following amendment was proposed by the Committee on Human Resources and Facilities:
Amendment No. 167.
Amend the resolution, page 2, by deleting lines 3 through 5 and inserting: “necessary, expedient or advisable for [the] :
(a) The protection and preservation of any of its property or natural resources, or for the purposes of obtaining the benefits thereof [,] ; and
(b) The improvement, acquisition and construction of facilities for schools,
however arising and whether arising by or through any”.
Amend the resolution, page 2, by deleting lines 11 through 16.
Amend the title of the resolution to read as follows:
“SENATE JOINT RESOLUTION—Proposing to amend the Nevada Constitution to exempt state contracts for the improvement, acquisition and construction of facilities for schools from the limit on general borrowing by the state.”.
Amend the summary of the resolution to read as follows:
“SUMMARY—Proposes to amend Nevada Constitution to exempt state contracts for improvement, acquisition and construction of facilities for schools from state debt limit. (BDR C‑200)”.
Senator Rawson moved the adoption of the amendment.
Remarks by Senator Rawson.
Amendment adopted.
Resolution ordered reprinted, engrossed and to third reading.
Senate Bill No. 267.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 359.
Amend section 1, pages 1 and 2, by deleting lines 2 through 15 on page 1 and lines 1 through 6 on page 2, and inserting:
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 department 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 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. Section 4 of chapter 422, Statutes of Nevada 1997, at page 1503, is hereby amended to read as follows:
Sec. 4. 1. This section and section 3 of this act become effective on October 1, 1997.
2. Section 2 of this act becomes effective at 12:02 a.m. on October 1, 1997.
3. Section 1 of this act becomes effective on [January 1, 2001.] October 1, 1999.”.
Amend sec. 2, page 2, line 7, by deleting: “January 1, 2001.” and inserting: “October 1, 1999.”.
Amend the title of the bill, first line, by deleting “remanufacturing” and inserting “manufacturing”.
Amend the summary of the bill, first line, by deleting “remanufacturing” and inserting “manufacturing”.
Senator Amodei moved the adoption of the amendment.
Remarks by Senators Amodei, James, O’Donnell, Titus and Washington.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 337.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 632.
Amend the bill as a whole by 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 484.261 is hereby amended to read as follows:
(a) Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation.
(b) Exceed any speed limits so long as he does not endanger life or property, except that a vehicle escorting a funeral procession may not exceed the speed limit by more than 15 miles per hour to overtake the procession and direct traffic at the next intersection.
(c) Disregard regulations governing direction of movement or turning in specified directions. The driver of a vehicle escorting a funeral procession may direct the movements of the vehicles in the procession in a similar manner and may direct the movements of other vehicles.
2. The privileges granted in subsection 1 apply only when the vehicle is making use of [audible] :
(a) Audible and visual signals ; or
(b) Visual signals only,
as required by law.
3. The driver of an authorized emergency vehicle or an official vehicle of a regulatory agency may park or stand without regard to the provisions of this chapter if he makes use of a warning lamp.
4. The provisions of this section do not relieve the driver from the duty to drive with due regard for the safety of all persons and do not protect the driver from the consequences of his reckless disregard for the safety of others.”.
Amend section 1, page 2, by deleting lines 2 through 5 and inserting: “the immediate pursuit of an actual or suspected violator of the law, in which event the driver of the vehicle [shall] may sound the siren [when necessary] to warn pedestrians and other drivers of his approach. A”.
Amend the title of the bill by deleting the first and second lines and inserting:
“AN ACT relating to motor vehicles; making optional the use of a siren by an emergency vehicle; specifically authorizing an emergency vehicle to operate warning”.
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. 179.
Bill read second time.
The following amendment was proposed by the Committee on transportation:
Amendment No. 448.
Amend section 1, page 1, line 2, by deleting “21,” and inserting “12,”.
Amend sec. 2, page 1, line 5, by deleting: “3 and 4” and inserting: “3, 4 and 5”.
Amend the bill as a whole by deleting sections 3 through 27 and adding new sections designated sections 3 through 13, following sec. 2, to read as follows:
“Sec. 3. “Association” means the United States Parachute Association or its successor organization.
Sec. 4. “Skydiving business” means a business that receives compensation for providing a person with:
1. The opportunity to jump with a parachute from an airplane, a balloon or any other vehicle used for navigation through the air; or
2. Training on how to jump safely from an airplane, a balloon or any other vehicle used for navigation through the air and how to land safely using a parachute.
Sec. 5. “Student skydiver” means a person who receives training to skydive and has not been cleared to self-jumpmaster in accordance with standards established by the association.
Sec. 6. The legislature hereby finds and declares that the operation of a skydiving business affects the health, safety and welfare of members of the general public and that minimum standards for the operation of such a business must, therefore, be established.
Sec. 7. For the purposes of sections 1 to 12, inclusive, of this act, a person who has not previously jumped with a skydiving business shall be deemed to be a student skydiver unless that person produces documented proof to the operator of the skydiving business that he has previously skydived.
Sec. 8. 1. The operator of a skydiving business shall:
(a) Comply with the regulations of the Federal Aviation Administration governing skydiving;
(b) Comply with safety requirements that are at least as stringent as the basic safety requirements of the association set forth in the “Skydiver’s Information Manual” in the form most recently published by the association, unless the director of the department of transportation posts a notice of disapproval of any amendment to those requirements pursuant to subsection 2; and
(c) Provide training to a student skydiver using one of the training options adopted by the association in the “Skydiver’s Information Manual” in the form most recently published by the association, unless the director of the department of transportation posts a notice of disapproval of any amendment to those training options pursuant to subsection 2.
2. The director of the department of transportation or a person designated by the director shall review each amendment to the basic safety requirements and training options set forth in the “Skydiver’s Information Manual” and approve or disapprove of the amendment for use in this state. If the director does not post a notice of disapproval within 30 days after such an amendment is published, the amendment shall be deemed approved for this state.
Sec. 9. 1. The operator of a skydiving business shall maintain on the premises of the business a safety handbook which contains the safety requirements that the operator will comply with in conducting the operations of the business.
2. Upon request, the operator shall provide a customer with a copy of the basic safety requirements of the association and the regulations of the Federal Aviation Administration governing skydiving. The operator shall be deemed to have complied with the provisions of this subsection if he makes available to the customer for review on the premises the safety handbook required to be maintained pursuant to subsection 1, or a copy of the handbook, which contains the basic safety requirements of the association and the regulations of the Federal Aviation Administration governing skydiving.
Sec. 10. The operator of a skydiving business shall post in a conspicuous location at his place of business a poster that includes the following information in a font that is easy to read:
1. A statement that skydiving businesses operating in this state must comply with the regulations of the Federal Aviation Administration governing skydiving and safety requirements that are at least as stringent as the basic safety requirements of the association;
2. A list of the equipment required to be provided to a student skydiver; and
3. A statement that a customer may report any alleged violation of the provisions of sections 1 to 12, inclusive, of this act to the district attorney of the county in which the alleged violation occurred or to the attorney general.
Sec. 11. 1. The operator of a skydiving business shall report in writing to the association an accident that results in serious injury to or the death of one of its customers.
2. The report must:
(a) Be submitted to the association not later than the next business day following the date of the accident; and
(b) Include the time and place of the accident and the circumstances relating thereto.
Sec. 12. 1. The operator of a skydiving business who willfully violates any of the provisions of sections 1 to 11, inclusive, of this act is guilty of a misdemeanor.
2. Any governmental entity that has issued a license to engage in business as an operator of a skydiving business to a person who is convicted of violating any of the provisions of sections 1 to 11, inclusive, of this act shall revoke that license and send notice of the revocation to the licensee by certified mail. Such a licensee may not apply to any governmental entity for a license to engage in business as an operator of a skydiving business in this state for 5 years after the revocation of his previous license.
Sec. 13. The amendatory provisions of this act do not apply to offenses that were committed before October 1, 1999.”.
Amend the title of the bill by deleting the first line and inserting:
“AN ACT relating to aeronautics; establishing certain minimum standards for the operation of a skydiving business; providing a”.
Amend the summary of the bill to read as follows:
“SUMMARY—Establishes minimum standards for operation of skydiving business. (BDR 44‑727)”.
Senator McGinness moved adoption of the amendment.
Remarks by Senators McGinness and Raggio.
Conflict of interest declared by Senator Raggio.
Motion carried.
Bill ordered reprinted, engrossed and to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Raggio moved that Senate Bill No. 521 be taken from the General File and placed on the General File for the next legislative day.
Remarks by Senator Raggio.
Motion carried.
REPORTS OF COMMITTEES
Madam President:
Your Committee on Human Resources and Facilities, to which was referred Assembly Bill No. 144, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Raymond D. Rawson, Chairman
Madam President:
Your Committee on Judiciary, to which were referred Assembly Bills Nos. 390, 391, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Mark A. James, Chairman
GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR
On request of Senator Amodei, the privilege of the floor of the Senate Chamber for this day was extended to the following students from the Mark Twain Elementary School: Sadie Anstedt, Nichole Barkley, Anthony DelGado, Zaide Diaz, Ruby Garcia, Alexander Goodell, Darcy Morris, Keinia Olivares Wenzel, Keaton Rich, Derek Rize, Joseph Rowan, Michael Santoyo, Stephen Sawyer, Felipe Segura, Trevor Voight, Anissa Anaya, Jesus Abundis, Jeff Aldama, Jessica Adams, Trevor Fowlkes, Garrick Hague, Ronald Kennison, Casey Lenox, Blaine Lentz, Yadira Lopez, Kayla Massoni, Cody Rhodes, Ashley Runge, Mikei Schachten, Brandon Snoddy, Helenne Villagrana, Rafael Silis, Bryan Byrne, Monica Carreon, Jaime Carrillo, Daniel Ceballos, Nick Cutunilli, Heather Douglas, Alfredo Hernandez, Sarah Lange, Mackenzie Leslie, Morgan Little, Jose Rodriguez, Nick Sisson, Cody Swanson, Vierra Thomas, Charles Timko, Betty Jo Wagers, Chris Simmons, Jorge Meza, Rebecca Badzinski, Seth Henderson, Alejandra Melgareso; teachers: Barbara Culbert, Nikki Lazier and Laurie Nellis.
On request of Senator Jacobsen, the privilege of the floor of the Senate Chamber for this day was extended to Stacia Jacobsen and Samantha Goldstein.
On request of Senator McGinness, the privilege of the floor of the Senate Chamber for this day was extended to Nykki Holton, Paul Christensen, Murry Whipple, Evan Wilson, Paul Donohue, Maggie Orr, Vaughn Higber and Steve Heiselbetz.
On request of Senator Raggio, the privilege of the floor of the Senate Chamber for this day was extended to former Congresswoman Barbara Vucanovich, Butch Anderson, Susan Anderson, Scott Anderson, Patty Cafferata, Elisa Maser, Kentan Maser, Kim Dillan, Sandra Dillan, Casey Dillan, Heather Dillan and John Susich.
Senator Raggio moved that the Senate adjourn until Friday, April 16, 1999 at 11 a.m.
Motion carried.
Senate adjourned at 2:59 p.m.
Approved: Lorraine T. Hunt
President of the Senate
Attest: Janice L. Thomas