THE ONE HUNDRED AND SEVENTH DAY
Carson City(Tuesday), May 18, 1999
Senate called to order at 11:46 a.m.
President Hunt presiding.
Roll called.
All present.
Prayer by the Chaplain, the Reverend Bruce Henderson.
It has been said that every person has within them a God-shaped vacuum—emptiness that only You can fill. We try to fill that void in so many ways. Today we cry out to You. Help us to see that we need You, Lord!
Amen.
Pledge of allegiance to the Flag.
Senator Raggio moved that further reading of the Journal be dispensed with, and the President and Secretary be authorized to make the necessary corrections and additions.
Motion carried.
REPORTS OF COMMITTEES
Madam President:
Your Committee on Commerce and Labor, to which were referred Assembly Bills Nos. 258, 283, 311, 633, 634, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Also, your Committee on Commerce and Labor, to which were referred Assembly Bills Nos. 60, 515, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Randolph J. Townsend, Chairman
Madam President:
Your Committee on Government Affairs, to which were referred Assembly Bills Nos. 297, 615, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Ann O’Connell, Chairman
Madam President:
Your Committee on Human Resources and Facilities, to which were referred Assembly Bills Nos. 14, 313, 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 was referred Assembly Bill No. 154, 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
Madam President:
Your Committee on Legislative Affairs and Operations, to which was referred Assembly Bill No. 631, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Jon C. Porter, Chairman
Madam President:
Your Committee on Natural Resources, to which was referred Assembly Bill No. 380, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and re-refer to the Committee on Finance.
Also, your Committee on Natural Resources, to which was referred Assembly Bill No. 134, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Dean A. Rhoads, Chairman
Madam President:
Your Committee on Transportation, to which were referred Assembly Bills Nos. 458, 492, 542, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Also, your Committee on Transportation, to which was referred Assembly Bill No. 457, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
William R. O’Donnell, Chairman
MESSAGES FROM THE ASSEMBLY
Assembly Chamber, Carson City, May 17, 1999
To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day passed Senate Bills Nos. 49, 182, 190, 284, 349, 383, 419, 424, 440, 455, 522, 523.
Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bill No. 350 which was returned from the Governor in accordance with the provisions of Assembly Concurrent Resolution No. 61.
Also, I have the honor to inform your honorable body that the Assembly amended, and on this day passed, as amended, Senate Bill No. 32, Amendment No. 791; Senate Bill No. 97, Amendment No. 910; Senate Bill No. 287, Amendment No. 938; Senate Bill No. 341, Amendment No. 909; Senate Bill No. 421, Amendment No. 891; Senate Bill No. 519, Amendment No. 878, and respectfully requests your honorable body to concur in said amendments.
Also, I have the honor to inform your honorable body that the Assembly on this day concurred in the Senate Amendment No. 811 to Assembly Bill No. 110; Senate Amendment No. 894 to Assembly Bill No. 603; Senate Amendment No. 817 to Assembly Bill No. 616.
Susan Furlong Reil
MOTIONS, RESOLUTIONS AND NOTICES
By the Committee on Legislative Affairs and Operations:
Senate Concurrent Resolution No. 46—Requesting the return to the Senate from the Governor’s office of Senate Bill No. 8 of this session.
Whereas, Senate Bill No. 8 of this session has passed both houses of the 70th session of the Legislature, has been enrolled and delivered to the Governor; and
Whereas, Senate Bill No. 8 needs further legislative attention; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the Governor of the State of Nevada is hereby respectfully requested to return Senate Bill No. 8 of this session to the Senate for further consideration; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Governor Kenny C. Guinn as soon as practicable.
Senator Porter moved that the resolution be referred to the Committee on Legislative Affairs and Operations.
Motion carried.
Senator O’Connell moved that the vote whereby Assembly Bill No. 350 was passed be rescinded.
Remarks by Senator O’Connell.
Motion carried.
In compliance with a notice given on the previous day, Senator Carlton moved that the vote whereby Assembly Bill No. 334 was passed be reconsidered.
Remarks by Senator Carlton.
Conflict of interest declared by Senator Porter.
Motion lost on a division of the house.
Bill ordered to the Assembly.
In compliance with a notice given on the previous day, Senator Amodei moved that the vote whereby Assembly Bill No. 219 was passed be reconsidered.
Remarks by Senator Amodei.
Motion carried on a division of the house.
REPORTS OF COMMITTEES
Madam President:
Your Committee on Legislative Affairs and Operations, to which was referred Senate Concurrent Resolution No. 46, has had the same under consideration, and begs leave to report the same back with the recommendation: Be adopted.
Jon C. Porter, Chairman
MOTIONS, RESOLUTIONS AND NOTICES
Senate Concurrent Resolution No. 46.
Senator Porter moved the adoption of the resolution.
Remarks by Senator Porter.
Resolution adopted.
Senator Porter moved that all rules be suspended and that Senate Concurrent Resolution No. 46 be immediately transmitted to the Assembly.
Motion carried unanimously.
Senator Washington moved that Assembly Bills Nos. 239, 282, be taken from the Secretary’s desk and placed on General File.
Remarks by Senator Washington.
Motion carried.
Senator O’Connell moved that Assembly Joint Resolution No. 5 of the 69th Session be taken from the General File and placed on the General File for the next legislative day.
Remarks by Senator O’Connell.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 18.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 955.
Amend section 1, pages 1 and 2, by deleting lines 2 through 17 on page 1 and lines 1 through 10 on page 2, and inserting:
“7.285 1. [No] A person shall not practice law in this state [unless he is] if the person:
(a) Is not an active member of the State Bar of Nevada or otherwise authorized to practice law in this state pursuant to the rules of the supreme court [.
2. Any person who, not being an active member of the State Bar of Nevada, or who, after he] ; or
(b) Is suspended or has been disbarred [or while suspended] from membership in the State Bar of Nevada[, as provided in] pursuant to the rules of the supreme court . [, shall practice law,]
2. A person who violates any provision of subsection 1 is guilty of :
(a) For a first offense within the immediately preceding 7 years, a misdemeanor.
(b) For a second offense within the immediately preceding 7 years, a gross misdemeanor.
(c) For a third and any subsequent offense within the immediately preceding 7 years, a category E felony and shall be punished as provided in NRS 193.130.
3. The State Bar of Nevada may bring a civil action to secure an injunction and any other appropriate relief against a person who violates this section.”.
Senator Care moved the adoption of the amendment.
Remarks by Senator Care.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 37.
Bill read second time.
The following amendment was proposed by the Committee on Human Resources and Facilities:
Amendment No. 929.
Amend section 1, page 2, line 4, after “shall,” by inserting: “to the extent practicable and”.
Amend the bill as a whole by renumbering sections 2 through 4 as sections 3 through 5 and adding a new section designated sec. 2, following section 1, to read as follows:
“Sec. 2. NRS 386.320 is hereby amended to read as follows:
(a) The clerk and president of the board of trustees may each receive a salary of $85 for each board of trustees meeting they attend, not to exceed $170 a month.
(b) The other trustees may each receive a salary of $80 for each board of trustees meeting they attend, not to exceed $160 a month.
(c) The board of trustees may hire a stenographer to take the minutes of the meetings of the board of trustees, and the stenographer may be paid a reasonable fee for each meeting attended.
2. If the total pupil enrollment in the school district for the immediately preceding school year is 1,000 or more:
(a) The clerk and president of the board of trustees may each receive a salary of $85 for each board of trustees meeting they attend, not to exceed [$340] $510 a month.
(b) The other trustees may each receive a salary of $80 for each board of trustees meeting they attend, not to exceed [$320] $480 a month.
(c) The board of trustees may hire a stenographer to take the minutes of the meetings of the board of trustees, and the stenographer may be paid a reasonable fee for each meeting attended.”.
Amend the title of the bill, fifth line, after “personnel;” by inserting: “increasing the maximum salaries allowed for the members of the boards of trustees of certain school districts;”.
Amend the summary of the bill, second line, by deleting “personnel.” and inserting: “personnel and increasing maximum salaries allowed for boards of trustees of certain school districts.”.
Senator Rawson moved the adoption of the amendment.
Remarks by Senator Rawson.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 86.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 954.
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 Assembly Bill No. 20 of this session is hereby amended to read as follows:
Sec. 4. NRS 4.010 is hereby amended to read as follows:
2. A justice of the peace must have a high school diploma or its equivalent as determined by the state board of education and:
(a) In a county whose population is 400,000 or more, a justice of the peace in a township whose population is 100,000 or more must be an attorney who is licensed and admitted to practice law in the courts of this state.
(b) In a county whose population is less than 400,000, a justice of the peace in a township whose population is 250,000 or more must be an attorney who is licensed and admitted to practice law in the courts of this state.
3. Subsection 2 does not apply to any person who held the office of justice of the peace on June 30, 1999.”.
Senator Porter moved the adoption of the amendment.
Remarks by Senator Porter.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 158.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 956.
Amend sec. 14, page 6, by deleting lines 10 through 17 and inserting:
“Sec. 14. 1. The district court in each judicial district that includes a county whose population is less than 100,000 shall create a local advisory board to expedite proceedings for the placement of children. The district court shall appoint to the local advisory board:”.
Amend sec. 14, page 6, line 28, by deleting “3.” and inserting “2.”.
Amend sec. 14, page 6, line 37, by deleting “4.” and inserting “3.”.
Amend sec. 14, page 6, line 40, by deleting “5.” and inserting “4.”.
Amend sec. 14, page 6, line 42, by deleting “6.” and inserting “5.”.
Amend sec. 14, page 7, line 3, by deleting “7.” and inserting “6.”.
Amend sec. 14, page 7, line 13, by deleting “8.” and inserting “7.”.
Amend sec. 18, page 8, by deleting line 25 and inserting: “court determines that”.
Amend sec. 18, page 8, line 28, after “agency” by inserting: “which provides protective services”.
Amend sec. 18, page 9, line 19, by deleting “30” and inserting “60”.
Amend sec. 18, page 9, line 22, by deleting “30” and inserting “60”.
Senator James moved the adoption of the amendment.
Remarks by Senator James.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 198.
Bill read second time.
The following amendment was proposed by the Committee on Natural Resources:
Amendment No. 794.
Amend section 1, page 1, line 9, after “property” by inserting: “solely on the basis of the sale, lease or other transfer of that property”.
Senator Rhoads moved the adoption of the amendment.
Senator James moved that the Senate recess subject to the call of the Chair.
Motion carried.
Senate in recess at 12:18 p.m.
SENATE IN SESSION
At 12:30 p.m.
President Hunt presiding.
Quorum present.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Rhoads moved to withdraw his motion to adopt Amendment No. 794 to Assembly Bill No. 198.
Remarks by Senator Rhoads.
Motion carried.
Senator Rhoads moved that Assembly Bill No. 198 be taken from the General File and placed on the Secretary’s desk.
Remarks by Senator Rhoads.
Motion carried.
MESSAGES FROM THE ASSEMBLY
Assembly Chamber, Carson City, May 18, 1999
To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day adopted Assembly Concurrent Resolution No. 68.
Susan Furlong Reil
Assistant Chief Clerk of the Assembly
MOTIONS, RESOLUTIONS AND NOTICES
Assembly Concurrent Resolution No.68.
Senator O’Donnell moved the adoption of the resolution.
Remarks by Senators O’Donnell and Titus.
Resolution adopted.
Senator O’Donnell moved that all rules be suspended and that Assembly Concurrent Resolution No. 68 be immediately transmitted to the Assembly.
Motion carried unanimously.
SECOND READING AND AMENDMENT
Assembly Bill No. 272.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 994.
Amend the bill as a whole by deleting sections 1 and 2 and inserting new sections designated sections 1 through 16 to read as follows:
“Section 1. NRS 482.215 is hereby amended to read as follows:
2. Applications for all registrations, except renewals of registration, must be made in person, if practicable, to any office or agent of the department or to a registered dealer.
3. Each application must be made upon the appropriate form furnished by the department and contain:
(a) The signature of the owner.
(b) His residential address.
(c) His declaration of the county where he intends the vehicle to be based, unless the vehicle is deemed to have no base. The department shall use this declaration to determine the county to which the privilege tax is to be paid.
(d) A brief description of the vehicle to be registered, including the name of the maker, the engine, identification or serial number, whether the vehicle is new or used and the last license number, if known, and the state in which it was issued, and [upon] for the registration of a new vehicle, the date of sale by the manufacturer or franchised and licensed dealer in this state for the make to be registered to the person first purchasing or operating the vehicle.
(e) Proof satisfactory to the department or registered dealer that the applicant has provided the insurance required by NRS 485.185 and his signed declaration that he will maintain the insurance during the period of registration.
(f) If the insurance is provided by a contract of insurance, evidence of that insurance provided by the insurer in the form of:
(1) A certificate of insurance on a form approved by the commissioner of insurance; or
(2) A [card] form issued pursuant to NRS 690B.023 which identifies the vehicle and indicates, at the time of application for registration, coverage which [meets] complies with the requirements of NRS 485.185.
The department may file that evidence, return it to the applicant or otherwise dispose of it.
(g) If required, evidence of the applicant’s compliance with controls over emission.
4. The application must contain such other information as is required by the department or registered dealer, and must be accompanied by proof of ownership satisfactory to the department.
5. For purposes of the proof, declaration and evidence required by paragraphs (e) and (f) of subsection 3:
(a) Vehicles which are subject to the fee for a license and the requirements of registration of the Interstate Highway User Fee Apportionment Act, and which are based in this state, may be declared as a fleet by the registered owner thereof, on his original application for or application for renewal of a proportional registration. The owner may file a single certificate of insurance [covering] for that fleet.
(b) Other fleets composed of 10 or more vehicles based in this state or vehicles insured under a blanket policy which does not identify individual vehicles may each be declared annually as a fleet by the registered owner thereof for the purposes of an application for his original or any renewed registration. The owner may file a single certificate of insurance [covering] for that fleet.
(c) A person who qualifies as a self-insurer pursuant to the provisions of NRS 485.380 may file a copy of his certificate of self-insurance.
[(d) A person who qualifies for an operator’s policy of liability insurance pursuant to the provisions of NRS 485.186 and 485.3091 may file evidence of that insurance.]
Sec. 2. Chapter 485 of NRS is hereby amended by adding thereto a new section to read as follows:
1. An operator’s policy of liability insurance must state, in addition to the requirements of NRS 485.3091, that:
(a) The insurer is only liable under the policy for liability incurred by the insured while the named insured is the operator of a motor vehicle or while a motor vehicle owned by the insured is not being operated by any person;
(b) The policy does not provide coverage for any vicarious liability imposed on the owner of the motor vehicle as a result of the operation by another person of a motor vehicle owned by the insured or for any liability imposed by NRS 41.440 or 483.300; and
(c) The coverage provided by the policy may not meet the requirements of the financial responsibility laws of other states,
unless such extended coverage is expressly included in the policy. No operator’s policy of liability insurance may be delivered or issued for delivery in this state unless the insured has signed an endorsement stating that he has read and understood the policy and its limitations.
2. An operator’s policy of liability insurance must not provide coverage for damages incurred while a person other than the named insured is operating a motor vehicle.
3. An operator’s policy of liability insurance must provide coverage for liability incurred by the insured while a motor vehicle owned by the insured is not being operated by any person.
Sec. 3. NRS 485.0335 is hereby amended to read as follows:
485.0335 “Dormant vehicle” means a motor vehicle:
1. For which [a] an owner’s policy of liability insurance is required pursuant to this chapter; and
2. That will not be operated for an extended period because of mechanical or seasonal circumstances.
Sec. 4. NRS 485.034 is hereby amended to read as follows:
485.034 “Evidence of insurance” means:
1. The form provided by an insurer pursuant to NRS 690B.023 as evidence of [a contract of insurance for a motor vehicle liability policy;] an owner’s policy of liability insurance; or
2. The certificate of self-insurance issued to a self-insurer by the [department] division pursuant to NRS 485.380.
Sec. 5. NRS 485.186 is hereby amended to read as follows:
485.186 [1. Except as otherwise provided in subsection 6, any natural] A person may not satisfy the requirements of NRS 485.185 by obtaining, in lieu of an owner’s policy of liability insurance, an operator’s policy of liability insurance . [which meets the requirements of this section and NRS 485.3091.
2. An operator’s policy of liability insurance must state, in addition to the requirements of NRS 485.3091, that:
(a) The insurer is only liable under the policy for liability incurred by the insured while the named insured is the operator of a motor vehicle or while a motor vehicle owned by the insured is not being operated by any person;
(b) The policy does not provide coverage for any vicarious liability imposed on the owner of the motor vehicle as a result of the operation by another person of a motor vehicle owned by the insured or for any liability imposed by NRS 41.440 or 483.300; and
(c) The coverage provided by the policy may not meet the requirements of the financial responsibility laws of other states,
unless such extended coverage is expressly included in the policy. No operator’s policy of liability insurance may be delivered or issued for delivery in this state unless the insured has signed an endorsement stating that he has read and understood the policy and its limitations.
3. An owner of a motor vehicle which is registered or required to be registered in this state and who holds an operator’s policy of liability insurance shall not permit another person to operate his motor vehicle if the owner knows or should have known that the person does not have liability insurance to cover his own operation of that motor vehicle.
4. An operator’s policy of liability insurance must not provide coverage for damages incurred while a person other than the named insured is operating a motor vehicle.
5. An operator’s policy of liability insurance must provide coverage for liability incurred by the insured while a motor vehicle owned by the insured is not being operated by any person.
6. This section does not apply to a lessor, dealer, manufacturer, rebuilder or distributor of a motor vehicle, an owner of a fleet, a common, contract or private motor carrier or any other employer who owns a motor vehicle for use in his business.]
Sec. 6. NRS 485.187 is hereby amended to read as follows:
485.187 1. Except as otherwise provided in subsection 5, the owner of a motor vehicle shall not:
(a) Operate the motor vehicle, if it is registered or required to be registered in this state, without having insurance as required by NRS 485.185.
(b) Operate or knowingly permit the operation of the motor vehicle without having evidence of insurance of the operator or the vehicle in the vehicle.
(c) Fail or refuse to surrender, upon demand, to a peace officer or to an authorized representative of the department the evidence of insurance.
(d) Knowingly permit the operation of the motor vehicle in violation of subsection 3 of NRS 485.186.
2. A person shall not operate the motor vehicle of another person unless:
(a) He first ensures that the required evidence of insurance is present in the motor vehicle; or
(b) He has his own evidence of insurance which [covers] provides coverage for him as the operator of the motor vehicle.
3. Except as otherwise provided in subsection 4, any person who violates subsection 1 or 2 is guilty of a misdemeanor. Except as otherwise provided in this subsection, in addition to any other penalty, a person sentenced pursuant to this subsection shall be punished by a fine of not less than $600 [nor] and not more than $1,000 for each violation. The fine must be reduced to $100 for the first violation if the person obtains a motor vehicle liability policy [not later than 30 days after the fine is imposed,] of liability insurance by the time of sentencing, unless:
(a) The person has registered the vehicle as part of a fleet of vehicles pursuant to subsection 5 of NRS 482.215; or
(b) The person has been issued a certificate of self-insurance pursuant to NRS 485.380.
4. A court:
(a) Shall not find a person guilty or fine a person for a violation of paragraph (a), (b) or (c) ofsubsection 1 or for a violation of subsection 2 if he presents evidence to the court that the insurance required by NRS 485.185 was in effect at the time demand was made for it.
(b) Except as otherwise provided in paragraph (a), may impose a fine of not more than $1,000 for a violation of paragraph (a), (b) or (c) of subsection 1, and suspend a portion of the fine on the condition that the person presents proof to the court each month for 12 months that the insurance required by NRS 485.185 is [currently] in effect.
5. The provisions of paragraphs (b) and (c) of subsection 1 do not apply if the motor vehicle in question displays a [valid] permit issued by the department pursuant to subsection 1 or 2 of NRS 482.3955, or NRS 482.396, 482.3965, 482.423 or 482.424 authorizing the movement or operation of that vehicle within [the] this state for a limited time.
Sec. 7. NRS 485.187 is hereby amended to read as follows:
485.187 1. Except as otherwise provided in subsection 5, the owner of a motor vehicle shall not:
(a) Operate the motor vehicle, if it is registered or required to be registered in this state, without having insurance as required by NRS 485.185.
(b) Operate or knowingly permit the operation of the motor vehicle without having evidence of insurance of the operator or the vehicle in the vehicle.
(c) Fail or refuse to surrender, upon demand, to a peace officer or to an authorized representative of the department the evidence of insurance.
[(d) Knowingly permit the operation of the motor vehicle in violation of subsection 3 of NRS 485.186.]
2. A person shall not operate the motor vehicle of another person unless:
(a) He first ensures that the required evidence of insurance is present in the motor vehicle; or
(b) He has his own evidence of insurance which provides coverage for him as the operator of the motor vehicle.
3. Except as otherwise provided in subsection 4, any person who violates subsection 1 or 2 is guilty of a misdemeanor. Except as otherwise provided in this subsection, in addition to any other penalty, a person sentenced pursuant to this subsection shall be punished by a fine of not less than $600 and not more than $1,000 for each violation. The fine must be reduced to $100 for the first violation if the person obtains [a motor vehicle liability] an owner’s policy of liability insurance by the time of sentencing, unless:
(a) The person has registered the vehicle as part of a fleet of vehicles pursuant to subsection 5 of NRS 482.215; or
(b) The person has been issued a certificate of self-insurance pursuant to NRS 485.380.
4. A court:
(a) Shall not find a person guilty orfine a person for a violation of [paragraph (a), (b) or (c) of] subsection 1 or [for a violation of subsection] 2 if he presents evidence to the court that the insurance required by NRS 485.185 was in effect at the time demand was made for it.
(b) Except as otherwise provided in paragraph (a), may impose a fine ofnot more than$1,000 for a violation of [paragraph (a), (b) or (c) of] subsection 1, and suspend a portion of thefine on the condition that the person presents proof to the court each month for 12 months that the insurance required by NRS 485.185 is in effect.
5. The provisions of paragraphs (b) and (c) of subsection 1 do not apply if the motor vehicle in question displays a permit issued by the department pursuant to subsection 1 or 2 of NRS 482.3955, or NRS 482.396, 482.3965, 482.423 or 482.424 authorizing the movement or operation of that vehicle withinthis state for a limited time.
Sec. 8. NRS 485.190 is hereby amended to read as follows:
485.190 1. If 20 days after the receipt of a report of an accident involving a motor vehicle within this state which has resulted in bodily injury or death, or damage to the property of any one person in excess of $750, the division does not have on file evidence satisfactory to [it] the division that the person who would otherwise be required to file security under subsection 2 of this section has been released from liability, has been finally adjudicated not to be liable or has executed an acknowledged written agreement providing for the payment of an agreed amount in installments with respect to all claims for injuries or damages resulting from the accident, the division shall upon request set the matter for a hearing as provided in NRS 485.191.
2. The division shall, at any time after a determination adverse to an operator or owner pursuant to NRS 485.191, suspend the license of each operator and all registrations of each owner of a motor vehicle involved in such an accident, and, if the operator is a nonresident, the privilege of operating a motor vehicle within this state, and, if the owner is a nonresident, the privilege of the use within this state of any motor vehicle owned by him, unless the operator or owner, or both, deposit security in the sum so determined by the division. Notice of such a suspension must be sent by the division to the operator and owner not less than 10 days before the effective date of the suspension and must state the amount required as security. [Where] If erroneous information is given to the division with respect to the matters set forth in [paragraph (a), (b) or (c) of] subsection 1 , 2 or 3 of NRS 485.200, the division shall take appropriate action as provided in this section after it receives correct information with respect to those matters.
Sec. 9. NRS 485.200 is hereby amended to read as follows:
485.200 [1.] The requirements [as] relating to security and suspension in NRS 485.190 to 485.300, inclusive, do not apply:
[(a)] 1. To the operator or owner if he had in effect at the time of the accident a motor vehicle liability policy with respect to the motor vehicle involved in the accident;
[(b)] 2. To the operator if there was in effect at the time of the accident a motor vehicle liability policy with respect to his operation of any motor vehicle;
[(c)] 3. To the operator or owner if his liability for damages resulting from the accident is, in the judgment of the division, covered by any other form of liability insurance policy or a bond;
[(d)] 4. To any person qualifying as a self-insurer pursuant to NRS 485.380, or to any person operating a motor vehicle for the self-insured;
[(e)] 5. To the operator or the owner of a motor vehicle involved in an accident wherein no injury or damage was caused to the person or property of [anyone] another person other than the operator or owner;
[(f)] 6. To the operator or the owner of a motor vehicle legally parked at the time of the accident;
[(g)] 7. To the owner of a motor vehicle if at the time of the accident the vehicle was being operated without his permission, express or implied, or was parked by a person who had been operating the motor vehicle without permission; or
[(h)] 8. If, before the date that the division would otherwise suspend the license and registration or nonresident’s operating privilege pursuant to NRS 485.190, there is filed with the division evidence satisfactory to [it] the division that the person who would otherwise have to file security has been released from liability or has received a determination in his favor at a hearing conducted pursuant to NRS 485.191, or has been finally adjudicated not to be liable or has executed an acknowledged written agreement providing for the payment of an agreed amount in installments, with respect to all claims for injuries or damages resulting from the accident.
[2. An owner who is not the operator of the motor vehicle is not exempt from the requirements as to security and suspension in NRS 485.190 to 485.300, inclusive, if he holds a motor vehicle liability policy which provides coverage only when he is operating the motor vehicle and, at the time of the accident, another person is operating the motor vehicle with the express or implied permission of the owner.]
Sec. 10. NRS 485.280 is hereby amended to read as follows:
485.280 A deposit or any balance thereof must be returned to the depositor or his personal representative:
1. [When] If evidence satisfactory to the division has been filed with [it] the division that there has been a release from liability, a final adjudication of nonliability or an acknowledged agreement, in accordance with [paragraph (h) of subsection 1] the provisions of subsection 8 of NRS 485.200; or
2. If 2 years after the date of the accident or 1 year [from] after the date of deposit of any security under NRS 485.230, whichever period is longer, the division is given reasonable evidence that there is no action pending and no judgment rendered in such an action left unpaid.
Sec. 11. NRS 485.314 is hereby amended to read as follows:
485.314 1. On or before the 15th calendar day of each month, each insurer that has executed a contract of insurance for [a motor vehicle liability] an owner’s policy of liability insurance which may be used to [meet] comply with the requirements of NRS 485.185 shall provide the department with a record of each such policy issued, amended or terminated in the previous month on the date the record is provided. The record must include:
(a) The name or identification number of each insured named in the policy of insurance;
(b) The make, year and vehicle identification number of each motor vehicle included in the policy of insurance;
(c) The number, effective date and expiration date of the policy of insurance; and
(d) Any other information required by the department.
2. The record provided pursuant to subsection 1 must be submitted in a form approved by the department and may include, without limitation, magnetic tape or any other electronic medium deemed acceptable by the department.
3. The department shall notify the commissioner of insurance if an insurer:
(a) Fails to comply with subsection 1 or 2; or
(b) In complying with subsection 1 or 2, provides to the department information that is false, incomplete or misleading.
Sec. 12. NRS 485.317 is hereby amended to read as follows:
485.317 1. The department shall, at least monthly, compare the current registrations of motor vehicles to the information in the data base created pursuant to NRS 485.313 to verify that each motor vehicle:
(a) Which is newly registered in this state; or
(b) For which a policy of liability insurance has been issued, amended or terminated,
is covered by [a policy of liability] insurance as required by NRS 485.185. In identifying a motor vehicle for verification pursuant to this subsection, the department shall, if the motor vehicle was manufactured during or after 1981, use only the vehicle identification number, in whole or in part.
2. The department shall send a form for verification by first-class mail to each registered owner that it determines has not maintained the insurance required by NRS 485.185. The owner shall complete the form with all the information which is requested by the department, including whether he carries an owner’s [or operator’s] policy of liability insurance or a certificate of self-insurance, and return the completed form within 20 days after the date on which the form was mailed by the department. If the department does not receive the completed form within 20 days after it mailed the form to the owner, the department shall send to the owner a second form for verification by certified mail. The owner shall complete the form and return it to the department within 15 days after the date on which it was sent by the department. [This subsection does] The provisions of this subsection do not prohibit an authorized agent of the owner from providing to the department:
(a) The information requested by the department pursuant to this subsection.
(b) Additional information to amend or correct information already submitted to the department pursuant to this subsection.
3. When the department receives a completed form for verification, it shall verify the information on the form.
4. The department shall suspend the registration and require the return to the department of the license plates of any vehicle for which:
(a) Neither of the forms for verification set forth in subsection 2 is returned to the department by the registered owner or his authorized agent within the period specified in that subsection;
(b) Either of the forms for verification set forth in subsection 2 is returned to the department by the registered owner or his authorized agent and the department is not able to verify the information on the form; or
(c) Either of the forms for verification set forth in subsection 2 is returned by the registered owner or his authorized agent with an admission of having no insurance or without indicating an insurer or the number of a motor vehicle liability policy or a certificate of self-insurance.
5. If the department suspends a registration pursuant to subsection 4 because:
(a) Neither the owner nor his authorized agent returned a form for verification within the specified period or the owner or his authorized agent returned a form for verification that was not completed sufficiently, and the owner or his authorized agent, thereafter:
(1) Proves to the satisfaction of the department that there was a justifiable cause for his failure to do so;
(2) Submits a completed form regarding his insurance on the date stated in the form mailed by the department pursuant to subsection 2; and
(3) Presents evidence of current insurance; or
(b) The owner or his authorized agent submitted to the department a form for verification containing information that the department was unable to verify and, thereafter, the owner or his authorized agent presents to the department:
(1) A corrected form or otherwise verifiable evidence setting forth that the owner possessed insurance on the date stated in the form; and
(2) Evidence of current insurance,
the department shall rescind its suspension of the registration if it is able to verify the information on the form or the other evidence presented. The department shall not charge a fee to reinstate a registration, the suspension of which was rescinded pursuant to this subsection. For the purposes of this subsection, “justifiable cause” may include, but is not limited to, the fact that the owner did not receive the form mailed by the department pursuant to subsection 2.
6. Except as otherwise provided in subsection 7, if a registered owner whose registration is suspended pursuant to subsection 4, failed to have insurance on the date specified in the form for verification, the department shall reinstate the registration of the vehicle and reissue the license plates only upon filing by the registered owner of evidence of current insurance and payment of the fee for reinstatement of registration prescribed in paragraph (a) of subsection 6 of NRS 482.480.
7. If a registered owner proves to the satisfaction of the department that his vehicle was a dormant vehicle during the period in which the information provided pursuant to NRS 485.314 indicated that there was no insurance for the vehicle, the department shall reinstate his registration and, if applicable, reissue his license plates. If such an owner of a dormant vehicle failed to cancel the registration for the vehicle in accordance with subsection 3 of NRS 485.320, the department shall not reinstate his registration or reissue his license plates unless the owner pays the fee set forth in paragraph (b) of subsection 6 of NRS 482.480.
8. For the purposes of verification of insurance by the department pursuant to this section, a registered owner shall not be deemed to have failed to maintain [liability] insurance for a motor vehicle unless the vehicle is without coverage for [a period of] more than 7 days.
Sec. 13. NRS 690B.023 is hereby amended to read as follows:
690B.023 If insurance for the operation of a motor vehicle required pursuant to NRS 485.185 is provided by [a contract] an owner’s policy of liability insurance, the insurer shall:
1. Provide evidence of insurance to the insured on a form approved by the commissioner. The evidence of insurance must include:
(a) The name and address of the policyholder;
(b) The name and address of the insurer;
(c) The year, make and complete identification number of the insured vehicle or vehicles;
(d) The term of the insurance, including the day, month and year on which the policy:
(1) Becomes effective; and
(2) Expires;
(e) The number of the policy;
(f) A statement that the coverage [meets] complies with the requirements set forth in NRS 485.185; and
(g) The statement “This card must be carried in the insured motor vehicle for production upon demand.” The statement must be prominently displayed.
2. Provide new evidence of insurance if:
(a) The information regarding the insured vehicle or vehicles required pursuant to paragraph (c) of subsection 1 no longer is accurate;
(b) An additional motor vehicle is added to the policy;
(c) A new number is assigned to the policy; or
(d) The insured notifies the insurer that the original evidence of insurance has been lost.
Sec. 14. Each insurer who has issued operators’ policies of liability insurance pursuant to NRS 485.186 and 485.3091 for the purpose of complying with the requirements of NRS 485.185 which are in effect on July 1, 1999:
1. Shall not renew an operator’s policy of liability insurance issued for that purpose; and
2. Shall provide, not later than October 1, 1999, a written notice to each holder of an operator’s policy of liability insurance issued by the insurer which states that, after December 31, 1999, the policy will not satisfy the requirements set forth in NRS 485.185 for insurance for the payment of liability arising from the maintenance or use of a motor vehicle that is registered or required to be registered in this state.
Sec. 15. The amendatory provisions of section 6 of this act do not apply to offenses that were committed before October 1, 1999.
Sec. 16. 1. This section and section 14 of this act become effective on July 1, 1999.
2. Section 6 of this act becomes effective on October 1, 1999.
3. Sections 1 to 5, inclusive, 7 to 13, inclusive, and 15 of this act become effective on January 1, 2000.”.
Amend the title of the bill, first line, after “vehicles;” by inserting: “providing that an operator’s policy of liability insurance does not satisfy the requirements for liability insurance for a motor vehicle that is registered or required to be registered in this state;”.
Amend the summary of the bill by deleting the first line and inserting:
“SUMMARY—Revises provisions regarding requirements for liability insurance for motor vehicle that is registered or required to be registered in Nevada.”.
Senator O’Donnell moved the adoption of the amendment.
Remarks by Senators O’Donnell and Townsend.
Senator O’Donnell moved to withdraw his motion to adopt Amendment No. 994 to Assembly Bill No. 272.
Motion carried.
Senator O’Donnell moved that Assembly Bill No. 272 be taken from the General File and placed on General File for the next legislative day.
Remarks by Senator O’Donnell.
Motion carried.
Assembly Bill No. 289.
Bill read second time.
The following amendment was proposed by the Committee on Finance:
Amendment No. 902.
Amend section 1, page 1, line 4, after “in” by inserting: “a visitors’ area of”.
Amend section 1, page 1, line 7, after “in” by inserting: “a visitors’ area of”.
Amend the title of the bill, second line, after “in the” by inserting: “visitors’ areas of”.
Amend the summary of the bill, first line, after “in” by inserting: “visitors’ areas of”.
Senator Raggio moved the adoption of the amendment.
Remarks by Senator Raggio.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 309.
Bill read second time and ordered to third reading.
Assembly Bill No. 363.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 915.
Amend section 1,
page 2, by deleting line 16 and inserting: “term of not less than [1
year]
2 years and a maximum term of not more than [6]
15”.
Amend section 1,
page 2, by deleting line 23 and inserting: “than [1 year]
2 years and a maximum term of not more than [6]
15 years, and may be”.
Senator Washington moved the adoption of the amendment.
Remarks by Senator Washington.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 376.
Bill read second time.
The following amendment was proposed by the Committee on Human Resources and Facilities:
Amendment No. 846.
Amend section 1, page 2, line 10, after “subsection 5” by inserting “or 6”.
Amend section 1, page 2, line 18, by deleting “section,” and inserting “subsection,”.
Amend section 1, page 2, line 22, by deleting “section,” and inserting “subsection,”.
Amend section 1, page 2, between lines 26 and 27 by inserting:
“6. The board of trustees of a school district in a county that does not have a metropolitan police department created pursuant to chapter 280 of NRS, may contract with the appropriate local law enforcement agency within the school district for the provision of police services in the public schools within the school district and on property therein that is owned by the school district.”.
Amend the title of the bill, fourth line, after “services;” by inserting: “authorizing the boards of trustees of certain other school districts to contract with local law enforcement agencies for police services;”.
Senator Rawson moved the adoption of the amendment.
Remarks by Senators Rawson, Neal and Carlton.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 392.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 914.
Amend section 1,
page 1, by deleting line 6 and inserting: “accordance with the provisions of
NRS 38.250 to 38.258, inclusive, and section 1 of Senate Bill No. 315 of this [act.] session.”.
Amend sec. 2, page 2, line 27, by deleting: “In lieu of ” and inserting “Before”.
Amend the bill as a whole by adding a new section designated sec. 3, following sec. 2, to read as follows:
“Sec. 3. This act becomes effective at 12:01 a.m. on October 1, 1999.”.
Senator James moved the adoption of the amendment.
Remarks by Senator James.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 406.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 906.
Amend the bill as a whole by deleting section 1 and adding a new section designated section 1, following the enacting clause, to read as follows:
“Section 1. Chapter 211A of NRS is hereby amended by adding thereto a new section to read as follows:
1. If a probationer has violated a condition of his suspended sentence, the court may, upon its own motion or upon the report and recommendation of the chief or an assistant, do any or all of the following:
(a) Modify the conditions of the suspension of the sentence.
(b) Modify and extend the suspension of the sentence, in whole or in part, for a period of not more than 1 year after the date on which the court finds that the probationer has committed the violation, unless a longer period is authorized by specific statute.
(c) Revoke the suspension of the sentence, in whole or in part, and cause all or part of the sentence to be executed.
2. Before taking any action described in subsection 1, the court shall provide the probationer with notice of the proposed action and an opportunity to be heard.”.
Amend sec. 2, page 2, by deleting lines 24 and 25 and inserting:
“4.373 1. Except as otherwise provided in subsection 2, [by] section 1 of this act or another specific statute , or unless the suspension of a sentence is”.
Amend the bill as a whole by deleting sec. 3 and renumbering sections 4 and 5 as sections 3 and 4.
Amend sec. 4, page 4, by deleting lines 10 and 11 and inserting:
“5.055 1. Except as otherwise provided in subsection 2, [by] section 1 of this act or another specific statute , or unless the suspension of a sentence is”.
Amend the title of the bill to read as follows:
Amend the summary of the bill to read as follows:
“SUMMARY—Makes various changes concerning probationers who are supervised by departments of alternative sentencing. (BDR 16‑1120)”.
Senator Care moved the adoption of the amendment.
Remarks by Senator Care.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 451.
Bill read second time.
The following amendment was proposed by the Committee on Natural Resources:
Amendment No. 925.
Amend section 1, page 1, line 6 by deleting “transported” and inserting: “moved on site”.
Amend section 1, page 1, by deleting line 7 and inserting: “division shall schedule the inspections in such a manner as to provide an opportunity for participation by:”.
Amend the title of the bill to read as follows:
“AN ACT relating to explosives; providing for inspections by various state and local agencies of certain regulated facilities where certain explosives are manufactured, used, processed, handled, moved on site or stored; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Provides for inspections by various state and local agencies of certain regulated facilities where certain explosives are manufactured, used, processed, handled, moved on site or stored. (BDR 40‑777)”.
Senator Rhoads moved the adoption of the amendment.
Remarks by Senator Rhoads.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 517.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 951.
Amend sec. 9, page 5, line 17, by deleting “determined” and inserting: “determined, by clear and convincing evidence,”.
Senator James moved the adoption of the amendment.
Remarks by Senator James.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 528.
Bill read second time and ordered to third reading.
Assembly Bill No. 536.
Bill read second time.
The following amendment was proposed by the Committee on Natural Resources:
Amendment No. 926.
Amend sec. 9, page 5, line 31, by deleting “transported” and inserting: “moved on site”.
Senator Rhoads moved the adoption of the amendment.
Remarks by Senator Rhoads.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 573.
Bill read second time.
The following amendment was proposed by the Committee on Human Resources and Facilities:
Amendment No. 823.
Amend sec. 3, page 3, lines 26 and 27, by deleting: “, except as otherwise provided in subsection 4,”.
Amend sec. 3, page 4, by deleting lines 6 through 12.
Amend sec. 4, page 4, lines 34 and 35, by deleting: “, except as otherwise provided in subsection 4 of NRS 499.185,”.
Amend sec. 4, page 4, lines 40 and 41, by deleting: “, except as otherwise provided in subsection 4 of NRS 449.185,”.
Amend the title of the bill, third and fourth lines, by deleting: “authorizing the retention of certain employees with criminal histories under certain circumstances;”.
Senator Rawson moved the adoption of the amendment.
Remarks by Senator Rawson.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 583.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 958.
Amend the bill as a whole by deleting section 1 and renumbering sections 2 and 3 as sections 1 and 2.
Amend sec. 2, page 2, line 2, by deleting “is” and inserting: “and the manufacture, sale and distribution of gaming devices and associated equipment are”.
Amend sec. 2, page 2, by deleting lines 10 through 14 and inserting: “related to the operation of licensed gaming establishments, the manufacture, sale or distribution of gaming devices and associated equipment and the operation of inter-casino linked systems.
(d) All establishments where gaming is conducted and where gaming devices are operated, and manufacturers, sellers and distributors of certain gaming devices and equipment, and operators of inter-casino linked systemsmust therefore be licensed, controlled and”.
Amend the title of the bill by deleting the first line and inserting:
“AN ACT relating to gaming;”.
Amend the summary of the bill to read as follows:
“SUMMARY—Revises public policy concerning gaming. (BDR 41‑1319)”.
Senator James moved the adoption of the amendment.
Remarks by Senators James and Neal.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 590.
Bill read second time and ordered to third reading.
Assembly Bill No. 591.
Bill read second time and ordered to third reading.
Assembly Bill No. 599.
Bill read second time and ordered to third reading.
Assembly Bill No. 621.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 959.
Amend the bill as a whole by deleting sections 2 through 5 and renumbering sections 6 and 7 as sections 2 and 3.
Amend sec. 6, page 2, line 30, by deleting “17” and inserting “7”.
Amend sec. 7, page
3, by deleting lines 40 and 41 and inserting: “to sexual offenses and other
records of criminal history that it [collects,]
creates or issues, and any
information in its”.
Amend sec. 7, page 4, line 18, by deleting “[and]” and inserting “and”.
Amend sec. 7, page 4, by deleting lines 21 through 24 and inserting: “offense.
(b) [Use]
When practicable, use a record of the
[subject’s
fingerprints]”.
Amend sec. 7, pages 4 and 5, by deleting lines 33 through 41 on page 4 and lines 1 through 7 on page 5, and inserting:
“(a) Disseminate any information which is contained in the central repository to any other agency of criminal justice;
(b) Enter into
cooperative agreements with federal and state repositories to facilitate
exchanges of [such information;]
information that may be disseminated pursuant to paragraph (a); and
(c) Request of and receive from the Federal Bureau of”.
Amend sec. 7, page 7, by deleting lines 3 and 4.
Amend the bill as a whole by deleting sections 8 through 13 and renumbering sections 14 through 17 as sections 4 through 7.
Amend the bill as a whole by deleting sections 18 through 20 and renumbering sec. 21 as sec. 8.
Amend the title of the bill to read as follows:
“AN ACT relating to the central repository for Nevada records of criminal history; requiring certain agencies of criminal justice to submit certain records to the central repository for Nevada records of criminal history; authorizing the central repository to disseminate information contained in the central repository by electronic means; making various other changes concerning the central repository for Nevada records of criminal history; and providing other matters properly relating thereto.”.
Senator Titus moved the adoption of the amendment.
Remarks by Senator Titus.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 637.
Bill read second time and ordered to third reading.
Assembly Bill No. 638.
Bill read second time and ordered to third reading.
Assembly Bill No. 646.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 960.
Amend the bill as a whole by deleting section 1 and renumbering sections 2 and 3 as sections 1 and 2.
Amend sec. 2, page 2, after “3.” by inserting: “Any other person, including, without limitation, an operator of an inter-casino linked system, who is authorized to receive a share of the revenue from any slot machine that is operated on the premises of a licensee is liable to the licensee for that person’s proportionate share of the license fees paid by the licensee pursuant to this section and shall remit or credit the full proportionate share to the licensee on or before the dates set forth in subsection 2. A licensee is not liable to any other person authorized to receive a share of the licensee’s revenue from any slot machine that is operated on the premises of a licensee for that person’s proportionate share of the license fees to be remitted or credited to the licensee by that person pursuant to this section.
4.”.
Amend sec. 2, page 2, line 13, by deleting “4.” and inserting “5.”.
Amend sec. 2, page 2, line 21, by deleting “5.” and inserting “6.”.
Amend sec. 2, page 2, by deleting lines 27 through 30 and inserting: “Nevada 1987, at page 1503, the bonds authorized to be issued by section 2 of chapter 614, Statutes of Nevada 1989, at page 1377, the bonds authorized to be issued by section 2 of chapter 718, Statutes of Nevada 1991, at page 2382, and the bonds authorized to be issued by section 2 of chapter 629, Statutes of Nevada 1997, at page 3106. If in any year”.
Amend sec. 2, page 3, by deleting line 8 and inserting: “7. After the requirements of subsection 6 have been met for each fiscal”.
Amend sec. 2, page 3, line 22, by deleting “7.” and inserting “8.”.
Amend sec. 2, page 3, line 26, by deleting “8.” and inserting “9.”.
Amend the bill as a whole by deleting sections 4 and 5 and renumbering sec. 6 as sec. 3.
Amend the title of the bill to read as follows:
“AN ACT relating to gaming; changing the deadline for collection of the annual excise tax on slot machines; clarifying a provision governing the issuance and expiration of a manufacturer’s, seller’s or distributor’s license; and providing other matters properly relating thereto.”.
Senator James moved the adoption of the amendment.
Remarks by Senator James.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 660.
Bill read second time.
The following amendment was proposed by the Committee on Finance:
Amendment No. 998.
Amend section 1, pages 1 and 2, by deleting lines 13 through 15 on page 1
and lines 1 through 5 on page 2 and inserting:
“2. The governor shall:
(a) Determine the”.
Amend section 1, page 2, line 6, after “salaries” by inserting “and benefits”.
Amend section 1, page 2, by deleting lines 11 through 24.
Amend sec. 3, page 3, line 20, by deleting “1.”.
Amend sec. 3, page 3, by deleting lines 23 through 31.
Amend the bill as a whole by deleting sec. 4 and renumbering sec. 5 as sec. 4.
Amend the title of the bill, third line, after “salaries” by inserting “and benefits”.
Senator Raggio moved the adoption of the amendment.
Remarks by Senator Raggio.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senator Raggio moved that the Senate recess until 1:30 p.m.
Motion carried.
Senate in recess at 1:08 p.m.
SENATE IN SESSION
At 1:57 p.m.
President Hunt presiding.
Quorum present.
MESSAGES FROM THE ASSEMBLY
Assembly Chamber, Carson City, May 18, 1999
To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day adopted Senate Concurrent Resolution No. 46.
Susan Furlong Reil
Assistant Chief Clerk of the Assembly
MOTIONS, RESOLUTIONS AND NOTICES
Senator Washington moved that Assembly Bill No. 239 be taken from the General File and placed on the General File for the next legislative day.
Remarks by Senator Washington.
Motion carried.
GENERAL FILE AND THIRD READING
Senate Bill No. 363.
Bill read third time.
The following amendment was proposed by the Committee on Finance:
Amendment No. 879.
Amend sec. 5, page 1, by deleting lines 16 and 17 and inserting:
“2. Is not owned, managed or controlled by a person or governmental entity subject to a pending investigation or ongoing enforcement action of the division with respect to that real property; and”.
Amend sec. 18, page 6, by deleting lines 16 through 18 and inserting:
“2. A lender to a prospective purchaser who has filed an application to participate in the program pursuant to section 12 of this act or a lender who forecloses his security interest in property pursuant to NRS 40.430 to 40.450, inclusive, or 107.080 to 107.100, inclusive, and within a reasonable period after the foreclosure, not to exceed 2 years, sells, transfers or conveys the property to a prospective purchaser who has filed an application to participate in the program pursuant to section 12 of this act is not a responsible party solely as a result of:
(a) Foreclosing a security interest in the property; or
(b) Making a loan to the prospective purchaser if the loan:
(1) Is to be used for acquiring property or removing or remediating hazardous substances on property; and
(2) Is secured by the property that is to be acquired or on which is located the hazardous substances that are to be removed or remediated.”.
Senator Titus moved the adoption of the amendment.
Remarks by Senator Titus.
Conflict of interest declared by Senators Raggio, O’Connell, Townsend, Jacobsen and Mathews.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 485.
Bill read third time.
The following amendment was proposed by the Committee on Finance:
Amendment No. 880.
Amend the bill as a whole by renumbering sections 51 through 54 as sections 52 through 55 and adding a new section designated sec. 51, following sec. 50, to read as follows:
“Sec. 51. Section 5 of Senate Bill No. 27 of this session is hereby amended to read as follows:
Sec. 5. NRS 711.270 is hereby amended to read as follows:
(a) Make a connection or attach a device to a line or other component of a community antenna television company;
(b) Purchase or possess a device or kit designed to intercept or receive a program or other service provided by the community antenna television company;
(c) Make or maintain a modification to a device installed by or with the authorization of a community antenna television company to intercept or receive a program or other service provided by the community antenna television company; or
(d) Manufacture, import, distribute, advertise, sell, lease, offer to sell or lease, or possess with the intent to sell or lease a device designed to decode, descramble, intercept or otherwise make intelligible a signal encoded by a community antenna television company.
2. Unless a greater penalty is provided in section 4 of this act:
(a) Except as otherwise provided in [subsection 3,] paragraph (b), a person who violates paragraph (a), (b) or (c) of subsection 1 is guilty of a misdemeanor.
[3.] (b) A person who violates paragraph (a), (b) or (c) of subsection 1 for commercial advantage, whether direct or indirect, is guilty of a gross misdemeanor.
[4.] (c) A person who violates paragraph (d) of subsection 1:
[(a)] (1) If the violation involves nine or fewer devices, is guilty of a gross misdemeanor.
[(b)] (2) If the violation involves 10 or more devices, is guilty of a category D felony and shall be punished as provided in NRS 193.130.”.
Amend sec. 52, page 22, by deleting lines 26 through 38 and inserting:
“Sec. 53. Expenditure of the following sums not appropriated from the state general fund or the state highway fund is hereby authorized during the fiscal years beginning July 1, 1999, and ending June 30, 2000, and beginning July 1, 2000, and ending June 30, 2001, by the office of the attorney general:
1999-2000 2000-2001
Office of the executive director of
technological crime created pursuant
to section 8 of this act.............................. $81,429 $78,572
Computer forensic lab expenses..................... $75,478 $21,500”.
Amend the title of the bill, eighth line, by deleting: “making an appropriation;” and inserting: “authorizing certain expenditures;”.
Senator Raggio moved the adoption of the amendment.
Remarks by Senator Raggio.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 59.
Bill read third time.
Roll call on Assembly Bill No. 59:
Yeas—21.
Nays—None.
Assembly Bill No. 59 having received a two-thirds majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 71.
Bill read third time.
Roll call on Assembly Bill No. 71:
Yeas—21.
Nays—None.
Assembly Bill No. 71 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 94.
Bill read third time.
The following amendment was proposed by the Committee on Human Resources and Facilities:
Amendment No. 1032.
Amend the bill as a whole by renumbering sec. 7 as sec. 8 and adding a new section designated sec. 7, following sec. 6, to read as follows:
“Sec. 7. Section 2 of Senate Bill No. 379 of this session is hereby amended to read as follows:
Sec. 2. NRS 482.3764 is hereby amended to read as follows:
482.3764 1. Before the department issues to any person, pursuant to NRS 482.3763:
(a) An initial set of special license plates, it shall [collect] :
(1) Collect a special fee for veterans’ homes in the amount of $25[.] ; and
(2) Affix a decal to each plate if requested by an applicant who meets the requirements set forth in section 1 of Senate Bill No. 379 of this session.
(b) An annual renewal sticker, it shall [collect] :
(1) Collect a special fee for veterans’ homes in the amount of $20[.] ; and
(2) Affix a decal to each plate if requested by an applicant who meets the requirements set forth in section 1 of Senate Bill No. 379 of this session.
2. The department shall deposit any money collected pursuant to this section with the state treasurer for credit to the veterans’ home account.”.
Senator Rawson moved the adoption of the amendment.
Remarks by Senator Rawson.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Townsend moved that Assembly Bill No. 109 be taken from the General File and placed on the General File for the next legislative day.
Remarks by Senator Townsend.
Motion carried.
GENERAL FILE AND THIRD READING
Assembly Bill No. 157.
Bill read third time.
Remarks by Senators O’Donnell, Coffin, James and Rhoads.
Senator Raggio moved that Assembly Bill No. 157 be taken from the General File and placed on the Secretary’s desk.
Remarks by Senator Raggio.
Motion carried.
Assembly Bill No. 159.
Bill read third time.
Remarks by Senators Neal and James.
Roll call on Assembly Bill No. 159:
Yeas—21.
Nays—None.
Assembly Bill No. 159 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 329.
Bill read third time.
Conflict of interest declared by Senator Raggio.
Roll call on Assembly Bill No. 329:
Yeas—20.
Nays—None.
Not Voting—Raggio.
Assembly Bill No. 329 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 339.
Bill read third time.
Roll call on Assembly Bill No. 339:
Yeas—21.
Nays—None.
Assembly Bill No. 339 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 358.
Bill read third time.
Roll call on Assembly Bill No. 358:
Yeas—21.
Nays—None.
Assembly Bill No. 358 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 481.
Bill read third time.
Roll call on Assembly Bill No. 481:
Yeas—21.
Nays—None.
Assembly Bill No. 481 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 503.
Bill read third time.
Remarks by Senator Care.
Roll call on Assembly Bill No. 503:
Yeas—15.
Nays—Care, Carlton, James, O’Connell, Titus, Wiener—6.
Assembly Bill No. 503 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 520.
Bill read third time.
Roll call on Assembly Bill No. 520:
Yeas—21.
Nays—None.
Assembly Bill No. 520 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 539.
Bill read third time.
Roll call on Assembly Bill No. 539:
Yeas—21.
Nays—None.
Assembly Bill No. 539 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 555.
Bill read third time.
Remarks by Senators Coffin, Townsend and James.
Senator Townsend moved that Assembly Bill No. 555 be taken from the General File and placed on the Secretary’s desk.
Remarks by Senator Townsend.
Motion carried.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Washington moved that Assembly Bill No. 632 be taken from the General File and placed on the General File for the next legislative day.
Remarks by Senator Washington.
Motion carried.
GENERAL FILE AND THIRD READING
Assembly Bill No. 636.
Bill read third time.
Roll call on Assembly Bill No. 636:
Yeas—21.
Nays—None.
Assembly Bill No. 636 having received a two-thirds majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 641.
Bill read third time.
Remarks by Senators Titus, Porter and O’Connell.
Senator Titus requested that the following remarks be entered in the Journal.
Senator Titus:
Assembly Bill No. 641 is by the supporters of the county supremacy movement, the same people who want to seize and develop all public lands and who want to store high level nuclear waste at Yucca Mountain. They say that they simply want recognition in law so they can negotiate directly with the Federal Government on wildlife preservation and environmental impact issues, but this bill goes much further than that. Section 2 would give those counties the standing they need in order to be involved in negotiations, which I support; I believe counties’ interests should be recognized in the policy making process. But section 3 of the bill is the problem; it gives those counties standing to bring suit against the State or Federal Government in any court. The Attorney General had concerns about this section as well. As a result, an amendment was added to limit the standing to situations which would not violate a state statute. I do not believe this goes far enough, however, because state policy may not be state law—such as is the case with Yucca Mountain.
Senator Porter:
In reviewing the minutes from the hearing, I would like to ask the chairman of the committee if there was any discussion regarding nuclear waste during the committee hearing? I do not recall that.
Senator O’Connell:
There was absolutely no discussion along those lines. I was just asked a question on Assembly Bill No. 641 about nuclear waste, and I would like to read into the record the closest comment that was made on nuclear waste if I may. These are Senator Titus’s comments. “I think section 3 goes much beyond that, and I see possibilities for lawsuits being filed. I am just thinking back about Nye County and the County Supremacy movement and Yucca Mountain. There is a long list of things that could come under section 3. I don’t think you really need it, if you can file suit today. You do need the recognition of jurisdiction; I agree, you should be at that table, but I think you can get that in section 2.”
Roll call on Assembly Bill No. 641:
Yeas—13.
Nays—Care, Carlton, Coffin, James, Mathews, Shaffer, Titus, Wiener—8.
Assembly Bill No. 641 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 677.
Bill read third time.
Roll call on Assembly Bill No. 677:
Yeas—21.
Nays—None.
Assembly Bill No. 677 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 350.
Bill read third time.
Remarks by Senator Raggio.
Roll call on Assembly Bill No. 350:
Yeas—21.
Nays—None.
Assembly Bill No. 350 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 219.
Bill read third time.
Roll call on Assembly Bill No. 219:
Yeas—16.
Nays—Carlton, Coffin, Jacobsen, Neal, Rhoads—5.
Assembly Bill No. 219 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 282.
Bill read third time.
Remarks by Senators Coffin and Washington.
Roll call on Assembly Bill No. 282:
Yeas—21.
Nays—None.
Assembly Bill No. 282 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
UNFINISHED BUSINESS
Consideration of Assembly Amendments
Senate Bill No. 111.
The following Assembly amendment was read:
Amendment No. 732.
Amend section 1, page 1, by deleting lines 3 through 9 and inserting:
“1. A state agency [shall] may enter into an agreement to pay the cost of purchasing credit for service pursuant to NRS 286.300 on behalf of a member if:
(a) The agency [entered into an agreement with the member under which the member was employed] enters into the agreement before the member is employed;
(b) The member is employed upon the condition that the employer pay the cost of purchasing the credit; and
[(b)] (c) The agreement to [purchase]
pay the cost of purchasing the credit
is in writing, becomes part of ”.
Senator Raggio moved that the Senate concur in the Assembly amendment to Senate Bill No. 111.
Remarks by Senator Raggio.
Motion carried.
Bill ordered enrolled.
Senate Bill No. 148.
The following Assembly amendment was read:
Amendment No. 863.
Amend sec. 7, page 7, by deleting line 5 and inserting: “investigation to the division of mental health and developmental services of the”.
Senator James moved that the Senate concur in the Assembly amendment to Senate Bill No. 148.
Remarks by Senator James.
Motion carried.
Bill ordered enrolled.
Senate Bill No. 291.
The following Assembly amendment was read:
Amendment No. 869.
Amend section 1, page 1, line 6, by deleting “draught” and inserting: “amount of water drawn”.
Senator Rhoads moved that the Senate concur in the Assembly amendment to Senate Bill No. 291.
Remarks by Senator Rhoads.
Motion carried.
Bill ordered enrolled.
Senate Bill No. 314.
The following Assembly amendment was read:
Amendment No. 890.
Amend section 1, page 1, by deleting line 2 and inserting:
“5.020 1. Except
as otherwise provided in subsection [2,]
3 and NRS”.
Amend section 1, page 1, by deleting lines 5 through 9 and inserting: “governing body of that city. [He shall hold his office for 1 year, unless a longer period is] The term of office of a municipal judge is the period fixed by [the] :
(a) An ordinance adopted by the city if the city is organized under general law; or
(b) The charter of the city [, in which case he shall hold his office for that longer period.] if the city is organized under a special charter.
Before entering upon his duties, a municipal judge shall take the constitutional oath of office.
2. A municipal judge must:”.
Amend section 1, page 1, line 10, by deleting “the” and inserting “this”.
Amend section 1, page 1, line 13, by deleting “and”.
Amend section 1, page 1, line 14, by deleting “city.” and inserting: “city; and
(d) Not have ever been removed or retired from any judicial office by the commission on judicial discipline.”.
Amend section 1,
page 1, line 15, by deleting “2.” and inserting “[2.]
3.”.
Amend section 1, page 1, after line 18, by inserting:
“[3.] 4. For the purposes of this section, a person shall not be ineligible to be a candidate for the office of municipal judge if a decision to remove or retire him from a judicial office is pending appeal before the supreme court or has been overturned by the supreme court.”.
Amend the bill as a whole by adding a new section designated sec. 2, following section 1, to read as follows:
“Sec. 2. This act becomes effective at 12:01 a.m. on October 1, 1999.”.
Amend the title of the bill, first line, after “authorizing” by inserting “certain”.
Senator James moved that the Senate concur in the Assembly amendment to Senate Bill No. 314.
Remarks by Senator James.
Motion carried.
Bill ordered enrolled.
Senate Bill No. 346.
The following Assembly amendment was read:
Amendment No. 864.
Amend section 1, page 2, by deleting lines 4 and 5 and inserting: “accredited by the state to treat persons who abuse drugs and alcohol; [and
(d) Four]
(d) One member who is employed by the bureau and has experience in matters concerning budgeting and experience in working with the programs of the bureau;
(e) One member who is employed by the division of mental health and developmental services of the department of human resources who has relevant experience, which may include, without limitation, experience in matters concerning budgeting and experience in working with programs of the division of mental health and developmental services of the department of human resources;
(f) One member who represents the interests of private businesses concerning substance abuse in the workplace; and
(g) Three members who represent the general public [.] , one of whom is the parent of a child who has a mental illness or who has or has had a problem with substance abuse.”.
Amend sec. 2, page 3, line 1, by deleting “Seven” and inserting “[Seven] Eight”.
Amend sec. 3, page 3, by deleting lines 21 through 24 and inserting:
“(a) Make grants pursuant to [programs for substance abuse education, prevention, enforcement and treatment;] subsection 5 of NRS 458.420; and”.
Amend sec. 4, page 3, by deleting line 33 and inserting:
“1. Develop , [and] coordinate and adopt a state master plan . [that must] The plan:”.
Amend sec. 4, pages 3 and 4, by deleting line 42 on page 3 and lines 1 and 2 on page 4 and inserting:
“[(d)] (3) The order of priority concerning the efforts required to achieve the goals and objectives of the commission; and”.
Amend sec. 4, page 4, line 3, by deleting “(e)” and inserting “[(e)”.
Amend sec. 4, page 4, between lines 5 and 6, by inserting:
“(4) Suggestions and advice to the bureau concerning the programs of the bureau.”.
Amend sec. 4, page 4, by deleting lines 25 through 27 and inserting:
“5. Make grants of available money to programs that provide substance abuse education, prevention, enforcement and treatment and to organizations that evaluate such programs.”.
Senator Rawson moved that the Senate concur in the Assembly amendment to Senate Bill No. 346.
Remarks by Senator Rawson.
Motion carried.
Bill ordered enrolled.
Senate Bill No. 395.
The following Assembly amendment was read:
Amendment No. 865.
Amend section 1, page 1, lines 18 and 19, by deleting “an application” and inserting: “the consideration of a prisoner”.
Amend sec. 2, page 4, line 3, by deleting “an application” and inserting: “the consideration of a prisoner”.
Amend sec. 3, page 5, by deleting lines 6 through 14 and inserting:
“213.130 1. The department of prisons shall:
(a) Determine when a prisoner sentenced to imprisonment in the state prison is eligible to be considered for parole;
(b) Notify the state board of parole commissioners of the eligibility of the prisoner to be considered for parole; and
(c) Before a meeting to consider the prisoner for parole, compile and provide to the board data that will assist the board in determining whether parole should be granted.”.
Amend sec. 3, page 5, line 15, by deleting “applying” and inserting “being considered”.
Amend sec. 3, page 5, line 19, after “crime” by inserting: “were admitted at the trial of the prisoner or were part of the report of the presentence investigation and”.
Amend sec. 3, page 5, line 21, after “meeting.” by inserting: “A prisoner may not bring a cause of action against the State of Nevada, its political subdivisions, agencies, boards, commissions, departments, officers or employees for any action that is taken pursuant to this subsection or for failing to take any action pursuant to this subsection, including, without limitation, failing to include photographs or including only certain photographs.”.
Amend sec. 3, page 5, by deleting line 23 and inserting:
“3. Meetings to consider prisoners for parole may”.
Amend sec. 3, page 5, line 27, by deleting: “the application of”.
Amend sec. 3, page 5, line 28, by deleting “whose application” and inserting “who”.
Amend sec. 3, page 5, line 29, after “considered” by inserting “for parole”.
Amend sec. 3, page 5, line 32, by deleting: “any person applying” and inserting: “a prisoner being considered”.
Amend sec. 3, page 5, by deleting line 34 and inserting: “consider the prisoner for parole. A prisoner must not be considered for parole”.
Amend sec. 3, page 5, by deleting line 41 and inserting: “to consider a prisoner for parole.”.
Amend sec. 3, page 6, line 1, by deleting “an application” and inserting “a prisoner”.
Amend sec. 3, page 6, line 3, by deleting “application,” and inserting: “parole of the prisoner,”.
Senator Washington moved that the Senate concur in the Assembly amendment to Senate Bill No. 395.
Remarks by Senator Washington.
Motion carried.
Bill ordered enrolled.
Senate Bill No. 512.
The following Assembly amendment was read:
Amendment No. 790.
Amend sec. 3, page 2, line 2, after “clerk” by inserting: “or the county recorder”.
Amend sec. 3, page 2, by deleting line 5 and inserting:
“2. Neither the county clerk nor the county recorder may charge and collect from a person any”.
Amend sec. 3, page 2, by deleting lines 10 through 15 and inserting: “preparation of an affidavit of correction pursuant to subsection 1:
(a) The county clerk shall charge and collect from the person a fee in an amount equal to the amount that the county recorder is required to charge and collect pursuant to NRS 247.305 and shall pay the fee over to the county recorder as his fee for recording the corrected certificate of marriage; or
(b) The county recorder shall charge and collect from the person the fee set forth in NRS 247.305 for recording the corrected certificate of marriage.
4. All fees collected pursuant to this section must be”.
Amend the title of the bill, fifth line, after “destroyed;” by inserting: “authorizing a county recorder to charge fees for correcting certain errors in certificates of marriage;”.
Senator James moved that the Senate concur in the Assembly amendment to Senate Bill No. 512.
Remarks by Senator James.
Motion carried.
Bill ordered enrolled.
Senate Bill No. 515.
The following Assembly amendment was read:
Amendment No. 771.
Amend section 1, page 1, line 11, by deleting “state;” and inserting: “state and the time within which he is required to register pursuant to NRS 179D.240;”.
Amend sec. 2, page 2, line 35, by deleting “state;” and inserting: “state and the time within which he is required to register pursuant to NRS 179D.460;”.
Amend sec. 23, page 13, line 17, by deleting “state;” and inserting: “state and the time within which he is required to register pursuant to NRS 179D.240;”.
Amend sec. 24, page 15, by deleting lines 13 and 14 and inserting:
“(a) Inform the offender of the duty to register and the time within which the offender is required to register with the division if he has not previously done so;
(b) Inform the offender of the duty to notify the division [of”.
Amend sec. 24, page 15, line 19, by deleting “(b)” and inserting “(c)”.
Amend sec. 34, page 21, line 40, by deleting “state;” and inserting: “state and the time within which he is required to register pursuant to NRS 179D.460;”.
Amend sec. 35, page 24, by deleting lines 3 and 4 and inserting:
“(a) Inform the sex offender of the duty to register and the time within which the sex offender is required to register with the division if he has not previously done so;
(b) Inform the sex offender of the duty to notify the”.
Amend sec. 35, page 24, line 9, by deleting “(b)” and inserting “(c)”.
Amend sec. 43, page 30, line 12, by deleting: “an extended period” and inserting: “more than 30 consecutive days”.
Senator James moved that the Senate concur in the Assembly amendment to Senate Bill No. 515.
Remarks by Senator James.
Motion carried.
Bill ordered enrolled.
Senate Bill No. 30.
The following Assembly amendment was read:
Amendment No. 862.
Amend section 1, page 1, by deleting line 16 and inserting:
“$7,500.................................................................................................... 150.00”.
Amend the bill as a whole by deleting sec. 2, renumbering sec. 3 as sec. 2 and adding a new section designated sec. 3, following sec. 3, to read as follows:
“Sec. 3. The amendatory provisions of this act apply only to an action filed on or after October 1, 1999.”.
Amend the bill as a whole by deleting sec. 4.
Amend the title of the bill by deleting the first and second lines and inserting:
“AN ACT relating to justices’ courts; increasing the monetary limit of claims”.
Amend the summary of the bill, after “to” by inserting “small”.
Senator James moved that the Senate do not concur in the Assembly amendment to Senate Bill No. 30.
Remarks by Senator James.
Motion carried.
Bill ordered transmitted to the Assembly.
Senate Bill No. 242.
The following Assembly amendment was read:
Amendment No. 767.
Amend section 1, page 1, line 12, by deleting “Placed” and inserting “Filed”.
Amend sec. 2, page 2, line 7, by deleting: “A court that” and inserting: “Before a court”.
Amend sec. 2, page 2, by deleting lines 8 and 9 and inserting: “1 for the support of any minor child or children [must include the social security numbers of the parties.] , the court shall ensure that any information which the welfare division of the department of human resources has determined is necessary to carry out the provisions of 42 U.S.C. § 654a is:”.
Amend sec. 2, page 2, line 12, by deleting “Placed” and inserting “Filed”.
Amend sec. 3, page 2, by deleting lines 31 through 35, and inserting:
“[3. Within 10 days after a court of this state issues]
(b) Ensure that the information required to be obtained and provided pursuant to paragraph (a) is filed in the records relating to the matter and, except as otherwise required to carry out a specific statute, maintained in a confidential manner.
2. Before a court enters an order for the”.
Amend sec. 3, page 2, by deleting line 37 and inserting: “[that issued the order and] the following information on a form approved by the welfare division:”.
Amend sec. 3, page 2, line 41, by deleting “and” and inserting “[and]”.
Amend sec. 3, page 2, line 42, by deleting “employer.” and inserting: “employer [.] ; and
(f) Any other information that the welfare division determines is necessary to carry out the provisions of 42 U.S.C. § 654a.”.
Amend sec. 5, page 4, by deleting lines 16 and 17 and inserting:
“(d) The court shall [include in its order the social security number of the responsible parent.] ensure that any information which the welfare division of the department of human resources has determined is necessary to carry out the provisions of 42 U.S.C. § 654a is:”.
Amend sec. 5, page 4, line 20, by deleting “Placed” and inserting “Filed”.
Amend sec. 6, page 5, by deleting lines 16 and 17 and inserting:
“(b) Ensure that any information which the division has determined is necessary to carry out the provisions of 42 U.S.C. § 654a is:”.
Amend sec. 6, page 5, line 19, by deleting “Placed” and inserting “Filed”.
Amend sec. 7, page 7, by deleting lines 6 through 10 and inserting: “approves a recommendation pursuant to this section [does not contain the social security numbers of the parents or legal guardians of the child, the court shall include those numbers on] shall ensure that, before the recommendation [before it] is filed pursuant to subsection 7 [.] , any information which the division has determined is necessary to carry out the provisions of 42 U.S.C. § 654a is:”.
Amend sec. 7, page 7, line 12, by deleting “Placed” and inserting “Filed”.
Amend sec. 8, page 7, by deleting lines 25 and 26 and inserting: “inclusive, must contain the social security numbers of the parents or legal guardians of the child.] shall ensure that any information which the division has determined is necessary to carry out the provisions of 42 U.S.C. § 654a is:”.
Amend sec. 8, page 7, line 28, by deleting “Placed” and inserting “Filed”.
Amend sec. 9, page 8, by deleting lines 19 and 20 and inserting: “that any information which the welfare division of the department of human resources has determined is necessary to carry out the provisions of 42 U.S.C. § 654a is:”.
Amend sec. 9, page 8, line 23, by deleting “Placed” and inserting “Filed”.
Amend the bill as a whole by renumbering sec. 10 as sec. 11 and adding a new section designated sec. 10, following sec. 9, to read as follows:
“Sec. 10. Section 2 of Senate Bill No. 352 of this session is hereby amended to read as follows:
Sec. 2. NRS 425.3855 is hereby amended to read as follows:
425.3855 A district court that enters an order pursuant to NRS 425.382 to 425.3852, inclusive, and section 1 of this act, or an order approving a recommendation for the support of a dependent child made by a master shall ensure that any information which the division has determined is necessary to carry out the provisions of 42 U.S.C. § 654a is:
1. Provided to the enforcing authority.
2. Filed in the records relating to the matter and, except as otherwise required to carry out a specific statute, maintained in a confidential manner.”.
Amend the title of the bill by deleting the second line and inserting: “certain information in judgments of divorce”.
Amend the summary of the bill to read as follows:
“SUMMARY—Revises provisions requiring inclusion of certain information in judgments of divorce and court orders for child support. (BDR 11-1392)”.
Senator James moved that the Senate do not concur in the Assembly amendment to Senate Bill No. 242.
Remarks by Senator James.
Motion carried.
Bill ordered transmitted to the Assembly.
Signing of Bills and Resolution
There being no objections, the President and Secretary signed Senate Bills Nos. 13, 35, 52, 57, 153, 161, 339, 357, 365, 379, 452, 471, 531; Senate Concurrent Resolutions Nos. 2, 3, 11; Assembly Bills Nos. 110, 173, 483, 535, 574, 576, 603, 616, 650; Assembly Joint Resolutions Nos. 20, 21; Assembly Concurrent Resolution No. 16.
GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR
On request of Senator O’Connell, the privilege of the floor of the Senate Chamber for this day was extended to the following students from the Nate Mack Elementary School: Christina Arnold, Albert Diantonia, Alysia Filomena, Leena Gifford, Joshua Gieordane, Kevin Guiua, Miliani Hortizuela, Carson Keller, Joanna Kern, Ramil Ladislao, Rachelle Lauriano, Marko Lukich, Dennis Magill, Christopher Overlay, Lacey Pedreia, Michael Rawson, Brian Rogers, Esther Sotelo, Patrick Vaughn, Cody Volk, Billy White, Anthony Govea, Matthew Sage and John McCathey; teacher Mrs. Patricia Cooper; chaperones: Margaret Arnold, Danny Diantonio, Doreen Filomena, Deborah Palmer, Debra Magill, Steven Rogers, Carlton Vaughn, Emily Votk and Pamela Giordano.
On request of Senator O’Donnell, the privilege of the floor of the Senate Chamber for this day was extended to the following students from the Nate Mack Elementary School: Blaise Morgan, Lara Proenza, Weston Milne, Steven Maglich, Gregory Valencia, Alicia Maziar, Sara Michaelsen, Gregory Davis, Christopher Cushing, Andrew Hailey, Katelynn Taylor, Lindsey Johnson, Amie Kemberling, Sarah Messina, Sarah Hoyt, Ashly Anthony, Amanda Arroway, Joshua Ogorek, Brett Leavitt, Joshua Romero, Kameron Kavanaugh, Lucas Tielemans, Michael Balogh and Kylie Durham; teacher Mrs. Lori Nusbaum; chaperones: Mark Morgan, Anjelina Evangelista, Bonnie Davis, Kym Cushing, Mariana Johnson, Judy Kemberling, Julia Anthony, Ann Ogorek, Susan Balogh and Debra Durham.
On request of Senator Porter, the privilege of the floor of the Senate Chamber for this day was extended to Tom Jenkins and Joelle Hurds.
Senator Raggio moved that the Senate adjourn until Wednesday, May 19, 1999 at 11 a.m.
Motion carried.
Senate adjourned at 3:08 p.m.
Approved: Lorraine T. Hunt
President of the Senate
Attest: Janice L. Thomas