THE ONE HUNDRED AND FOURTEENTH DAY
Carson City(Tuesday), May 25, 1999
Senate called to order at 12:18 p.m.
President Hunt presiding.
Roll called.
All present.
Prayer by the Chaplain, Father Jerry Hanley.
Yahweh, Father
God of Abraham, Isaac and Jacob. All we have comes from You. We are the stewards of Your earth and Your people. We ask Your blessing and hand on these Senators chosen for the welfare of our state. We ask the same for those who serve the Senate in any way and for all of the people of our Nevada.
We pray for healing for Jan Evans and anyone in the building who struggles with illness.
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 Finance, to which was referred Senate Bill No. 236, 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 Finance, to which were referred Assembly Bills Nos. 323, 342, 684, 686, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also, your Committee on Finance, to which was referred Assembly Concurrent Resolution No. 23, has had the same under consideration, and begs leave to report the same back with the recommendation: Be adopted.
William J. Raggio, Chairman
Madam President:
Your Committee on Judiciary, to which was referred Assembly Joint Resolution No. 22, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Mark A. James, Chairman
MESSAGES FROM THE ASSEMBLY
Assembly Chamber, Carson City, May 24, 1999
To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bill No. 673.
Also, I have the honor to inform your honorable body that the Assembly on this day respectfully refused to concur in the Senate Amendment No. 1012 to Assembly Joint Resolution No. 1; Senate Amendments Nos. 1096, 1122 to Assembly Bill No. 15; Senate Amendment No. 930 to Assembly Bill No. 280; Senate Amendment No. 1061 to Assembly Bill No. 313; Senate Amendment No. 963 to Assembly Bill No. 318; Senate Amendment No. 1119 to Assembly Bill No. 431; Senate Amendment No. 1003 to Assembly Bill No. 610.
Also, I have the honor to inform your honorable body that the Assembly amended, and on this day passed, as amended, Senate Bill No. 47, Amendment No. 1030; Senate Bill No. 167, Amendment No. 1109, 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. 1085 to Assembly Bill No. 39; Senate Amendment No. 793 to Assembly Bill No. 132; Senate Amendment No. 953 to Assembly Bill No. 154; Senate Amendments Nos. 956, 1053 to Assembly Bill No. 158; Senate Amendment No. 852 to Assembly Bill No. 182; Senate Amendment No. 810 to Assembly Bill No. 195; Senate Amendment No. 794 to Assembly Bill No. 198; Senate Amendment No. 1042 to Assembly Bill No. 239; Senate Amendment No. 970 to Assembly Bill No. 306; Senate Amendment No. 932 to Assembly Bill No. 332; Senate Amendment No. 1064 to Assembly Bill No. 400; Senate Amendments Nos. 966, 1115 to Assembly Bill No. 424; Senate Amendments Nos. 995, 1072 to Assembly Bill No. 458; Senate Amendment No. 952 to Assembly Bill No. 473; Senate Amendment No. 1108 to Assembly Bill No. 486; Senate Amendment No. 822 to Assembly Bill No. 530; Senate Amendment No. 824 to Assembly Bill No. 533; Senate Amendment No. 997 to Assembly Bill No. 542; Senate Amendment No. 967 to Assembly Bill No. 569; Senate Amendment No. 968 to Assembly Bill No. 604; Senate Amendments Nos. 959, 1052 to Assembly Bill No. 621; Senate Amendment No. 877 to Assembly Bill No. 633.
Susan Furlong Reil
Assistant Chief Clerk of the Assembly
COMMUNICATIONS FROM STATE OFFICERS
Waiver of Joint Standing Rule(s)
A Waiver requested by: Speaker Joseph E. Dini, Jr.
For: Senate Bill No. 438.
To Waive:
Subsection 3 of Joint Standing Rule No. 14.3 (out of final committee of 2nd house by 103rd day).
Subsection 4 of Joint Standing Rule No. 14.3 (out of 2nd house by 110th day).
With the following Conditions:
May only be passed out of house of origin on or before May 24, 1999.
May only be passed out of second house on or before May 26, 1999.
Has been granted effective: May 21, 1999.
William J. Raggio Joseph E. Dini, Jr.
MOTIONS, RESOLUTIONS AND NOTICES
By Senators Raggio and Titus:
Senate Resolution No. 9—Designating certain members of the Senate as regular and alternate members of the Legislative Commission.
Resolved BY THE SENATE OF THE STATE OF NEVADA, That pursuant to the provisions of NRS 218.660 and the Joint Rules of the Legislature, Senators Ann O’Connell, Dean A. Rhoads, Jon C. Porter, Michael A. Schneider, Valerie Wiener and Alice Costandina Titus are designated as the regular Senate members of the Legislative Commission; and be it further
Resolved, That Senators William R. O’Donnell and Maurice E. Washington are designated as the first and second alternate members, respectively, for Senator Ann O’Connell; Senators Lawrence E. Jacobsen and Mark Amodei are designated as the first and second alternate members, respectively, for Senator Dean A. Rhoads; and Senators Mike McGinness and Randolph J. Townsend are designated as the first and second alternate members, respectively, for Senator Jon C. Porter; and be it further
Resolved, That Senators Terry Care and Maggie Carlton are designated as the first and second alternate members, respectively, for Senators Michael A. Schneider, Valerie Wiener and Alice Costandina Titus; and be it further
Resolved, That the procedure for requesting an alternate member to replace a regular member during his absence at a meeting, must be as follows:
1. The Secretary of the Legislative Commission shall establish a record of service of alternate members at meetings of the Legislative Commission, and shall maintain a list of the alternate members for each individual Senator or group of Senators. Each list must contain a numerical designation in ascending order for each alternate member on the list. The initial sequence in which the alternate members must be listed must correspond to their designation as alternates in this resolution.
2. If a regular member of the Legislative Commission is unable to attend a scheduled meeting of the commission, and notifies the Secretary of the Legislative Commission, the Secretary shall request the alternate member with the lowest numerical designation on the appropriate list to replace the regular member at the meeting. If the alternate member does not agree to serve, the Secretary shall make the same request of the alternate member with the next higher numerical designation on the list, and so on through the list until an alternate member agrees to replace the regular member.
3. An alternate member who agrees to replace a regular member at a meeting of the Legislative Commission loses the numerical designation he had on the appropriate list at the time he was requested to serve. The Secretary of the Legislative Commission shall, when the alternate member agrees to replace the regular member, assign to that alternate member the highest numerical designation on the appropriate list. At the same time, the Secretary shall also reduce by one the numerical designation in the appropriate list to those alternate members who have higher numerical designations in the appropriate list than the alternate member who has agreed to serve.
4. An alternate member who is requested to replace a regular member at a meeting of the Legislative Commission, but who does not agree to replace the regular member, does not lose the numerical designation he had on the appropriate list at the time of the request.
Senator Raggio moved the adoption of the resolution.
Remarks by Senator Raggio.
Resolution adopted.
INTRODUCTION, FIRST READING AND REFERENCE
Assembly Bill No. 673.
Senator Townsend moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Townsend moved that Senate Bill No. 210 be taken from Unfinished Business and placed on Unfinished Business for the next legislative day.
Remarks by Senators Townsend and James.
Motion carried.
UNFINISHED BUSINESS
Consideration of Assembly Amendments
Senate Bill No. 38.
The following Assembly amendment was read:
Amendment No. 980.
Amend sec. 12, page 6, by deleting lines 32 through 35 and inserting:
“2. If, during the first 12 months after a claim is opened, the medical benefits required to be paid for a claim are less than $500, the claim closes automatically.[if the claimant does not receive medical treatment for the injury for at least 12 months.] The claimant may not appeal the closing of such a”.
Senator Townsend moved that the Senate concur in the Assembly amendment to Senate Bill No. 38.
Remarks by Senator Townsend.
Motion carried.
Bill ordered enrolled.
Senate Bill No. 74.
The following Assembly amendment was read:
Amendment No. 740.
Amend section 1, page 2, line 8, by deleting “Any” and inserting: “[Any] Except as otherwise provided in this paragraph, any”.
Amend section 1, page 2, line 12, after “earlier.” by inserting: “Theprovisions of this paragraph do not apply to a claim for workers’ compensation that is reopened pursuant to the provisions of NRS 616C.390.”.
Amend sec. 2, page 2, lines 41 and 42, by deleting: “benefits under a policy of industrial insurance;” and inserting:“workers’ compensation pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS;”.
Senator Townsend moved that the Senate concur in the Assembly amendment to Senate Bill No. 74.
Remarks by Senator Townsend.
Motion carried.
Bill ordered enrolled.
Senate Bill No. 103.
The following Assembly amendment was read:
Amendment No. 985.
Amend sec. 18, page 15, line 21, by deleting: “10 years after” and inserting: “on July 1, 2010, if”.
Amend sec. 18, page 15, line 23, by deleting the period and inserting: “on or before July 1, 2006.”.
Senator Townsend moved that the Senate concur in the Assembly amendment to Senate Bill No. 103.
Remarks by Senator Townsend.
Motion carried.
Bill ordered enrolled.
Senate Bill No. 104.
The following Assembly amendment was read:
Amendment No. 973.
Amend section 1, page 1, line 13, by deleting: “September 1, 1999,” and inserting: “[September 1, 1999,] January 15, 2000,”.
Amend section 1, page 2, line 15, by deleting: “November 1, 1999,” and inserting: “[November 1, 1999,] January 15, 2000,”.
Amend section 1, page 2, line 26, by deleting: “July 31, 1999.” and inserting: “[July 31, 1999.] June 30, 2001.”.
Amend section 1, page 3, line 6, by deleting “statewide,” and inserting: “statewide [,] in selected grades, kindergarten through eighth,”.
Amend section 1, page 3, line 21, by deleting “statewide,” and inserting: “statewide [,] in selected grades, kindergarten through eighth,”.
Amend section 1, page 3, line 32, after “5.” by inserting: “Commencing in the 2001-2002 school year, the high school proficiency examination that, pursuant to subsection 6 of NRS 389.015, pupils must pass to receive a standard high school diploma must measure the performance of pupils on the standards of content and performance adopted by the state board of education pursuant to paragraph (a) of subsection 4. The high school proficiency examination that measures the performance of pupils on those standards must first be administered to pupils enrolled in grade 11 in the 2001-2002 school year, who must pass the examination before the completion of grade 12 to graduate with a standard high school diploma in the 2002-2003 school year. Pupils who graduate from high school in the 2001-2002 school year are not required to pass the examination that measures the performance of pupils on the standards adopted pursuant to paragraph (a) of subsection 4, but must pass the examination that is administered to pupils in the immediately preceding school year.
6.”.
Amend section 1, page 4, line 1, by deleting “6.” and inserting “[6.] 7.”.
Amend section 1, page 4, line 23, by deleting “7.” and inserting “[7.] 8.”.
Amend section 1, page 4, line 28, by deleting “8.” and inserting “[8.] 9.”
Amend the title of the bill to read as follows:
Amend the summary of the bill, first line, after “Revises” by inserting: “provisions regarding council to establish academic standards for public schools and”.
Senator Rawson moved that the Senate concur in the Assembly amendment to Senate Bill No. 104.
Remarks by Senator Rawson.
Motion carried.
Bill ordered enrolled.
Senate Bill No. 132.
The following Assembly amendment was read:
Amendment No. 936.
Amend sec. 3, page 2, line 4, after “or” by inserting: “a salaried or volunteer”.
Amend sec. 4, page 2, line 42, after “or” by inserting: “a salaried or volunteer”.
Amend sec. 5, page 3, line 13, after “or” by inserting: “a salaried or volunteer”.
Amend sec. 5, page 3, line 21, after “or” by inserting: “a salaried or volunteer”.
Amend sec. 5, page 3, line 28, after “or” by inserting: “a former salaried or volunteer”.
Amend sec. 5, page 3, line 34, after “or” by inserting: “a salaried or volunteer”.
Senator Townsend moved that the Senate concur in the Assembly amendment to Senate Bill No. 132.
Remarks by Senator Townsend.
Motion carried.
Bill ordered enrolled.
Senate Bill No. 362.
The following Assembly amendment was read:
Amendment No. 945.
Amend sec. 2, page 1, line 3, after “conducted” by inserting: “by the department”.
Amend sec. 3.5, page 2, by deleting line 16 and inserting: “carry out the provisions of NRS 360.294 and 360.417.”.
Amend sec. 13, page 11, by deleting line 29 and inserting: “City, [Nevada.] the county of this state where the property owner resides or maintains his principal place of business or a county in which any relevant proceedings were conducted by the department.”.
Amend the bill as a whole by deleting sec. 17 and adding:
“Sec. 17. (Deleted by amendment.)”.
Amend sec. 23, page 17, line 22, by deleting: “or Clark County” and inserting: “[or Clark County] , the county of this state where the claimant resides or maintains his principal place of business or a county in which any relevant proceedings were conducted by the department,”.
Amend sec. 26, page 18, lines 25 and 26 by deleting:
“City or Clark County” and inserting: “City, the county of this state where the dealer resides or maintains his principal place of business or a county in which any relevant proceedings were conducted by the department,”.
Amend the bill as a whole by deleting sections 28 through 30 and adding:
“Secs. 28-30. (Deleted by amendment.)”.
Amend sec. 33, page 21, line 26, by deleting: “or Clark County” and inserting: “, the county of this state where the claimant resides or maintains his principal place of business or a county in which any relevant proceedings were conducted by the department,”.
Amend sec. 41, page 25, line 39, by deleting: “or Clark County” and inserting: “, the county of this state where the claimant resides or maintains his principal place of business or a county in which any relevant proceedings were conducted by the department,”.
Amend the bill as a whole by adding new sections designated sections 53.2 through 53.8, following sec. 53, to read as follows:
“Sec. 53.2. Section 17 of Assembly Bill No. 375 of this session is hereby amended to read as follows:
Sec. 17. NRS 361.570 is hereby amended to read as follows:
361.570 1. Pursuant to the notice given as provided in NRS 361.5648 and 361.565 and at the time stated in the notice, the tax receiver shall make out [his certificate authorizing] a certificate that describes each property on which delinquent taxes have not been paid. The certificate authorizes the county treasurer, as trustee for the state and county, to hold [the] each property described in the [notice] certificate for the period of 2 years after the first Monday in June of the year the certificate is dated, unless sooner redeemed.
2. The certificate must specify:
(a) The amount of delinquency[,] on each property, including the amount and year of assessment;
(b) The taxes, and the penalties and costs added thereto, on each property, and that, except as otherwise provided in NRS 360.320 and section 2 of Senate Bill No. 362 of this [act,] session, interest on the taxes will be added at the rate of 10 percent per annum from the date due until paid; and
(c) The name of the owner or taxpayer[,] of each property, if known.
3. The certificate must state, and it is hereby provided:
(a) That [the] each property described in the certificate may be redeemed within 2 years after [its date;] the date of the certificate; and
(b) That[, if not redeemed,] the title to [the] each property not redeemed vests in the county for the benefit of the state and county.
4. Until the expiration of the period of redemption, [the] each property held pursuant to the certificate must be assessed annually to the county treasurer as trustee, and before the owner or his successor redeems the property, he shall also pay the county treasurer holding the certificate any additional taxes assessed and accrued against the property after the date of the certificate, together with [the] interest on the taxes at the rate of 10 percent per annum from the date due until paid, unless otherwise provided in NRS 360.320 or section 2 of [this act.
5. The] Senate Bill No. 362 of this session.
5. A county treasurer shall take [certificates] a certificate issued to him [under the provisions of] pursuant to this section. The county treasurer may cause the certificate to be recorded in the office of the county recorder against each property described in the certificate to provide constructive notice of the amount of delinquent taxes on each property respectively. The certificate reflects the amount of delinquent taxes due on the properties described in the certificate on the date on which the certificate was recorded, and the certificate need not be amended subsequently to indicate the repayment of any of those delinquent taxes. The recording of the certificate does not affect the statutory lien for taxes provided in NRS 361.450.
Sec. 53.4. Section 48 of Assembly Bill No. 584 of this session is hereby amended to read as follows:
Sec. 48. NRS 360.417 is hereby amended to read as follows:
Sec. 53.6. Section 87 of Assembly Bill No. 584 of this session is hereby amended to read as follows:
Sec. 87. NRS 365.310 is hereby amended to read as follows:
2. If a dealer or supplier becomes delinquent in the payment of excise taxes as prescribed by this chapter to the extent that his liability exceeds the total amount of the bond or bonds furnished by the dealer[,] or supplier, the department shall suspend his license immediately.
3. Before revoking or canceling any license issued under this chapter, the department shall send a notice by registered or certified mail to the dealer or supplier at his last known address. The notice must order the dealer or supplier to show cause why his license should not be revoked by appearing before the department at Carson City, Nevada, or such other place in this state as may be designated by the department, at a time not less than 10 days after the mailing of the notice. The department shall allow the dealer or supplier an opportunity to be heard in pursuance of [such] the notice, and thereafter the department may revoke or cancel his license.
Sec. 53.8. 1. Notwithstanding the provisions of NRS 365.470, if a person properly files an appeal with the Nevada tax commission pursuant to NRS 365.460 before January 1, 2002, and the commission fails to render a final decision on the appeal before that date, the person may commence an action against the state treasurer pursuant to NRS 365.460 not later than:
(a) April 1, 2002; or
(b) Ninety days after the last day prescribed for the payment of the excise tax without a penalty,
whichever occurs last.
2. The provisions of subsection 4 of section 54 of this act do not affect any actions commenced before January 1, 2002, against the state treasurer pursuant to NRS 365.460.”.
Amend sec. 54, page 30, line 8, by deleting “53,” and inserting “53.8,”.
Amend sec. 54, page 30, after line 12, by inserting:
“4. Sections 26 and 27 of this act expire by limitation on December 31, 2001.”.
Amend the title of the bill by deleting the sixth through tenth lines and inserting: “department of taxation to the Nevada tax commission; requiring the commission to adopt certain regulations; expanding the Taxpayers’ Bill of Rights; increasing the amount of taxes, penalties and interest that may be waived if a taxpayer has relied to his detriment on the advice of the department; authorizing certain actions relating to the payment of taxes to be brought in various counties; and”.
Senator McGinness moved that the Senate concur in the Assembly amendment to Senate Bill No. 362.
Remarks by Senator McGinness.
Motion carried.
Bill ordered enrolled.
Senate Bill No. 375.
The following Assembly amendment was read:
Amendment No. 982.
Amend section 1, page 2, line 6, by deleting “$100,000.” and inserting “$10,000.”.
Amend sec. 2, page 2, by deleting line 15 and inserting:
“(d)
Willful breach or willful inducement of a breach of a duty
to maintain secrecy [,”.
Amend sec. 2, page 2, by deleting line 17 and inserting:
“(e) Willful breach or willful inducement of a breach of a duty imposed by common”.
Amend sec. 2, page 3, line 7, after “procedure” by inserting: “, computer programming instruction”.
Senator Townsend moved that the Senate concur in the Assembly amendment to Senate Bill No. 375.
Remarks by Senator Townsend.
Motion carried.
Bill ordered enrolled.
Senate Bill No. 428.
The following Assembly amendment was read:
Amendment No. 1116.
Amend section 1, page 1, line 2, by deleting “7,” and inserting “8,”.
Amend the bill as a whole by renumbering sections 2 through 11 as sections 3 through 12 and adding a new section designated sec. 2, following section 1, to read as follows:
“Sec. 2. As used in this chapter, “case of wine” means 12 bottles each containing 750 milliliters of wine or an amount equal to that volume of wine.”.
Amend sec. 3, page 1, line 9, by deleting “100” and inserting “25”.
Amend sec. 6, page 2, line 12, before “A” by inserting “1.”.
Amend sec. 6, page 2, line 14, by deleting “1.” and inserting “(a)”.
Amend sec. 6, page 2, line 16, by deleting “2.” and inserting “(b)”.
Amend sec. 6, page 2, between lines 17 and 18, by inserting:
“2. As used in this section, “supplier” means the brewer, distiller, manufacturer, producer, vintner or bottler of liquor.”.
Amend sec. 7, page 2, line 18, before “A” by inserting “1.”.
Amend sec. 7, page 2, line 19, by deleting “1.” and inserting “(a)”.
Amend sec. 7, page 2, line 21, by deleting “2.” and inserting “(b)”.
Amend sec. 7, page 2, between lines 22 and 23, by inserting:
“2. As used in this section, “supplier” means the brewer, distiller, manufacturer, producer, vintner or bottler of liquor.”.
Amend sec. 8, page 2, line 33, by deleting: “2 to 7,” and inserting: “3 to 8,”.
Amend sec. 9, page 2, line 36, by deleting “3” and inserting “4”.
Amend sec. 10, page 3, line 21, by deleting “The” and inserting: “[The] Except as otherwise provided in subsection 3, the”.
Amend sec. 10, page 3, line 32, after “3.” by inserting: “The provisions of subsection 2 do not apply to a supplier, wholesaler or retailer while he is acting in his professional capacity.
4.”.
Amend sec. 11, page 3, line 35, by deleting: “October 1, 1999.” and inserting: “the effective date of this act.”.
Amend the bill as a whole by adding a new section designated sec. 12, following sec. 11, to read as follows:
“Sec. 12. This act becomes effective upon passage and approval.”.
Senator McGinness moved that the Senate concur in the Assembly amendment to Senate Bill No. 428.
Remarks by Senator McGinness.
Conflict of interest declared by Senator James.
Motion carried.
Bill ordered enrolled.
Senate Bill No. 435.
The following Assembly amendments were read:
Amendment No. 987.
Amend sec. 4, page 3, by deleting lines 3 through 8.
Amend sec. 4, page 3, line 9, by deleting “5.” and inserting “4.”.
Amend sec. 4, page 3, line 12, by deleting “6.” and inserting “5.”.
Amendment No. 1123
Amend the bill as a whole by deleting sections 1 through 6 and adding new sections designated sections 1 through 3, following the enacting clause, to read as follows:
“Section 1. Chapter 393 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The board of trustees of a school district in a county whose population is 400,000 or more may, by a vote of not less than two-thirds of the total membership of the board of trustees, expand the duties of the oversight panel for school facilities established for the school district pursuant to NRS 393.092.
2. If the board of trustees votes to expand the duties of the oversight panel, the board of trustees shall:
(a) Prepare a 3-year plan for the renovation of school facilities and a 5‑year plan for the construction of school facilities within the school district for submission, to the oversight panel for its review and recommendations;
(b) Appoint the assistant superintendent of school facilities or his designee, if the board of trustees has employed a person to serve in that capacity, or otherwise appoint an employee of the school district who has knowledge and experience in school construction, to act as a liaison between the school district and the oversight panel;
(c) Consider each recommendation made by the oversight panel and, if the board of trustees does not adopt a recommendation, state in writing the reason for its action and include the statement in the minutes of the board of trustees, if applicable; and
(d) In addition to the administrative support required pursuant to NRS 393.095, provide such administrative support to the oversight panel as is necessary for the oversight panel to carry out its expanded duties.
3. If the board of trustees votes to expand the duties of the oversight panel, the oversight panel shall:
(a) Work cooperatively with the board of trustees of the school district to ensure that the program of school construction and renovation is responsive to the educational needs of pupils within the school district;
(b) Review the 3-year plan for the renovation of school facilities and the 5-year plan for the construction of school facilities submitted by the board of trustees of the school district and make recommendations to the board of trustees for any necessary revisions to the plans;
(c) On a quarterly basis, or more frequently if the oversight panel determines necessary, evaluate the program of school construction and renovation that is designed to carry out the 3‑year plan and the 5-year plan and make recommendations to the board of trustees concerning the program;
(d) Make recommendations for the management of construction and renovation of school facilities within the school district in a manner that ensures effective and efficient expenditure of public money; and
(e) Prepare an annual report that includes a summary of the progress of the construction and renovation of school facilities within the school district and the expenditure of money from the proceeds of bonds for the construction and renovation, if such information is available to the oversight panel.
Sec. 2. If the board of trustees of a school district expands the duties of the oversight panel for school facilities pursuant to section 1 of this act, the board of trustees shall prepare a report concerning the progress and methods of operation of the oversight panel in carrying out its expanded duties pursuant to section 1 of this act. The board of trustees shall submit the report to the director of the legislative counsel bureau for transmittal to the 71st session of the legislature.
Sec. 3. This act becomes effective on July 1, 1999.”.
Amend the title of the bill by deleting the second line and inserting: “large county to expand the duties of the oversight panel for school facilities created for the school district under certain circumstances; and”.
Amend the summary of the bill by deleting the first line and inserting:
“SUMMARY—Authorizes board of trustees of school district to expand duties of oversight panel for school facilities in”.
Senator Rawson moved that the Senate concur in the Assembly amendments to Senate Bill No. 435.
Remarks by Senator Rawson.
Motion carried.
Bill ordered enrolled.
Senate Bill No. 476.
The following Assembly amendment was read:
Amendment No. 981.
Amend section 1, page 1, line 2, by deleting “[,]” and inserting: “, section 1 of Assembly Bill No. 275 of this [act,] session”.
Amend section 1, pages 1 and 2, by deleting lines 8 through 15 on page 1 and lines 1 through 15 on page 2, and inserting:
“2. Any levy imposed by the legislature for the repayment of bonded indebtedness or the operating expenses of the State of Nevada and any levy imposed by the board of county commissioners pursuant to NRS 387.195 that is in excess of 50 cents on each $100 of assessed valuation of taxable property within the county must not be included in calculating the limitation set forth in subsection 1 on the total ad valorem tax levied within the boundaries of the county, city or unincorporated town, if, in a county whose population is 25,000 or less, or in a city or unincorporated town located within that county:
(a) The combined tax rate certified by the Nevada tax commission was at least $3.50 on each $100 of assessed valuation on June 25, 1998;
(b) The governing body of that county, city or unincorporated town proposes to its registered voters an additional levy ad valorem above the total ad valorem tax levy for all public purposes set forth in subsection 1;
(c) The proposal specifies the amount of money to be derived, the purpose for which it is to be expended and the duration of the levy; and
(d) The proposal is approved by a majority of the voters voting on the question at a general election or a special election called for that purpose.
3. The duration of the additional levy ad valorem levied pursuant to subsection 2 must not exceed 5 years. The governing body of the county, city or unincorporated town may discontinue the levy before it expires and may not thereafter reimpose it in whole or in part without following the procedure required for its original imposition set forth in subsection 2.
4. A special election may be held pursuant to subsection 2 only if the governing body of the county, city or unincorporated town determines, by a unanimous vote, that an emergency exists. The determination made by the governing body is conclusive unless it is shown that the governing body acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the governing body must be commenced within 15 days after the governing body’s determination is final. As used in this subsection, “emergency” means any unexpected occurrence or combination of occurrences which requires immediate action by the governing body of the county, city or unincorporated town to prevent or mitigate a substantial financial loss to the county, city or unincorporated town or to enable the governing body to provide an essential service to the residents of the county, city or unincorporated town.”.
Amend the title of the bill to read as follows:
“AN ACT relating to taxation; exempting certain ad valorem tax levies in certain counties from the limitation on the total ad valorem tax levy for all public purposes under certain circumstances; requiring the publication of a notice if the highest combined tax rate in the county exceeds a certain level; and providing other maters properly relating thereto.”.
Senator McGinness moved that the Senate concur in the Assembly amendment to Senate Bill No. 476.
Remarks by Senator McGinness .
Motion carried.
Bill ordered enrolled.
Senate Bill No. 128.
The following Assembly amendment was read:
Amendment No. 984.
Amend sec. 2, page 2, by deleting lines 21 through 29, and inserting: “order to the person to cease and desist the unlawful advertising and to:
(a) Cause any telephone number included in the advertising, other than a telephone number to a provider of paging services, to be disconnected.
(b) Request the provider of paging services to change the number of any beeper which is included in the advertising or disconnect the paging services to such a beeper, and to inform the provider of paging services that the request is made pursuant to this section.
4. If a person fails to comply with paragraph (a) of subsection 3 within 5 days after the date that he receives an order pursuant to subsection 3, the board may request the public utilities commission of Nevada to order the appropriate provider of telephone service to disconnect any telephone number included in the advertisement, except for a telephone number to a provider of paging services. If a person fails to comply with paragraph (b) of subsection 3 within 5 days after the date he receives an order pursuant to subsection 3, the board may request the provider of paging services to switch the beeper number or disconnect the paging services provided to the person, whichever the provider deems appropriate.
5. If the provider of paging services receives a request from a person pursuant to subsection 3 or a request from the board pursuant to subsection 4, it shall, at its discretion:
(a) Disconnect the paging service to the person; or
(b) Switch the beeper number of the paging service provided to the person.
If the provider of paging services elects to switch the number pursuant to paragraph (b), it shall not forward or offer to forward the paging calls from the previous number, or provide or offer to provide a recorded message that includes the new beeper number.
6.
As used in this section [,
“advertising”]
:”.
Amend sec. 2, page 2, line 37, after “(b)” by inserting: ““Beeper” means a portable electronic device which is used to page the person carrying it by emitting an audible or a vibrating signal when the device receives a special radio signal.
(c) “Provider of paging services” means an entity, other than a public utility, that provides paging service to a beeper.
(d)”.
Amend sec. 4, page 3, by deleting line 17 and inserting:
“1. Upon receiving a”.
Amend sec. 4, page 3, line 20, by deleting: “without holding a hearing.” and inserting: “to disconnect the telephone number if, after notice and a hearing, the commission determines that the facts are sufficient to justify such an order.”.
Amend the bill as a whole by adding a new section designated sec. 6, following sec. 5, to read as follows:
“Sec. 6. Subsection 5 of section 2 of this act shall not be interpreted or applied in a manner to unconstitutionally interfere with contractual rights in effect at the time this act becomes effective. For purposes of this section, the date the contract was last renewed shall be deemed to be the effective date of the rights contained therein.”.
Amend the title of the bill by deleting the fourth through sixth lines and inserting: “for which the advertiser does not have the required license; authorizing the board to request a provider of paging services to switch a beeper number or disconnect paging services to a beeper included in such advertising; requiring such providers of services to comply with the orders; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Authorizes state contractors’ board to request that telephone number be disconnected and to request beeper number be switched or disconnected if telephone or beeper number is included in certain unlawful advertisements. (BDR 54‑607)”.
Senator Townsend moved that the Senate do not concur in the Assembly amendment to Senate Bill No. 128.
Remarks by Senator Townsend.
Motion carried.
Bill ordered transmitted to the Assembly.
Senate Bill No. 133.
The following Assembly amendment was read:
Amendment No. 978.
Amend sec. 2, page 1, line 4, by deleting “provides:” and inserting: “provides, for a specified period:”.
Amend the bill as a whole by adding a new section designated sec. 6.5, following sec. 6, to read as follows:
“Sec. 6.5. NRS 616A.230 is hereby amended to read as follows:
1. The state, and each county, city, school district, and all public and quasi-public corporations therein without regard to the number of persons employed.
2. Every person, firm, voluntary association, and private corporation, including any public service corporation, which has in service any person under a contract of hire.
3. The legal representative of any deceased employer.
4. The Nevada rural housing authority.
5. Except as otherwise provided in section 9 of this act, an owner or principal contractor who establishes and administers a consolidated insurance program pursuant to section 8 of this act, with respect to the employees covered under that consolidated insurance program.”.
Amend sec. 13, pages 4 and 5, by deleting lines 41 through 43 on page 4 and line 1 on page 5, and inserting:
“3. The owner or principal contractor of the construction project shall hire or contract with two persons to serve as the”.
Amend sec. 13, page 5, by deleting line 3 and inserting: “project. The primary and alternate coordinators for safety must:”.
Amend sec. 13, page 5, line 4, by deleting “commissioner” and inserting “administrator”.
Amend sec. 13, page 5, by deleting lines 8 through 11 and inserting:
“(1) Board of Certified Safety Professionals; or
(2) Insurance Institute of America; or”.
Amend sec. 13, page 5, line 14, by deleting “commissioner” and inserting “administrator”.
Amend sec. 13, page 5, by deleting lines 18 through 20 and inserting:
“(a) Must not serve as coordinators for safety for another construction”.
Amend sec. 13, page 5, line 22, by deleting “(c)” and inserting “(b)”.
Amend sec. 13, page 5, line 25, by deleting “(d)” and inserting “(c)”.
Amend sec. 13, page 5, by deleting lines 32 through 35 and inserting:
“6. The owner or principal contractor of the construction project shall ensure that the primary or alternate”.
Amend sec. 14, page 6, by deleting lines 4 through 7 and inserting:
“2. The owner or principal contractor of the construction project shall hire or contract with a person to serve as the”.
Amend sec. 14, page 6, line 9, by deleting: “A person so appointed” and inserting: “Such a person”.
Amend sec. 14, page 6, line 13, by deleting “appointed” and inserting: “hired or with whom the owner or principal contractor contracts”.
Amend sec. 14, page 6, line 27, by deleting “and”.
Amend sec. 14, page 6, line 29, by deleting “project.” and inserting “project; and”.
Amend sec. 14, page 6, between lines 29 and 30, by inserting:
“(e) Hire or contract with such assistant administrators as may be necessary to carry out his responsibilities pursuant to this section.”.
Amend sec. 14, page 6, by deleting lines 30 through 34 and inserting:
“4. The owner or principal contractor of the construction project shall ensure that the administrator of claims for industrial insurance for the construction project or an assistant administrator is physically”.
Amend the bill as a whole by deleting sec. 15 and adding:
“Sec. 15. (Deleted by amendment.)”.
Amend sec. 16, page 7, by deleting lines 28 through 31 and inserting:
“4. The owner or principal contractor of a construction project shall, unless the contractor or subcontractor has”.
Senator Townsend moved that the Senate do not concur in the Assembly amendment to Senate Bill No. 133.
Remarks by Senator Townsend.
Motion carried.
Bill ordered transmitted to the Assembly.
Senate Bill No. 417.
The following Assembly amendment was read:
Amendment No. 979.
Amend section 1, page 1, by deleting line 3 and inserting:
““Appeals panel” means the appeals panel for industrial insurance”.
Amend the bill as a whole by deleting sec. 3 and adding:
“Sec. 3. (Deleted by amendment.)”.
Amend sec. 5, page 2, line 40, by deleting “board” and inserting “panel”.
Amend sec. 5, page 2, line 41, by deleting “board” and inserting “panel”.
Amend sec. 5, page 3, line 28, by deleting “boards” and inserting “panels”.
Amend sec. 5, page 3, line 30, by deleting “board,” and inserting “panel,”.
Amend sec. 5, page 3, line 35, by deleting “board” and inserting “panel”.
Amend sec. 5, page 4, line 4, by deleting “3” and inserting “2”.
Amend sec. 5, page 4, line 6, by deleting “board” and inserting “panel”.
Amend sec. 6, page 4, line 12, by deleting “board” and inserting “panel”.
Amend sec. 6, page 4, line 16, by deleting “board” and inserting “panel”.
Amend sec. 7, page 4, line 20, by deleting “board” and inserting “panel”.
Amend sec. 7, page 4, line 22, by deleting “board;” and inserting “panel;”.
Amend sec. 7, page 4, line 24, by deleting “board;” and inserting “panel;”.
Amend sec. 7, page 4, line 25, by deleting “board” and inserting “panel”.
Amend sec. 7, page 4, line 27, by deleting “board” and inserting “panel”.
Amend sec. 7, page 4, line 28, by deleting “board” and inserting “panel”.
Amend sec. 8, page 4, line 30, by deleting “board” and inserting “panel”.
Amend sec. 8, page 4, line 32, by deleting “board” and inserting “panel”.
Amend sec. 9, page 4, by deleting lines 35 through 40, and inserting:
“Sec. 9. 1. Each member of the appeals panel is entitled to receive, for his attendance at the meetings of the appeals panel, the per diem allowance and travel expenses provided for state officers and employees generally.
2. Expenses of the members of the appeals panel must be paid from assessments payable by each insurer pursuant to the formula filed with and approved by the commissioner pursuant to section 20.2 of this act.
3. As used in this section, “insurer” has the meaning ascribed to it in NRS 686B.1759.”.
Amend sec. 10, page 5, line 7, by deleting “board.” and inserting “panel.”.
Amend sec. 10, page 5, line 13, by deleting “board.” and inserting “panel.”.
Amend sec. 11, page 5, line 16, by deleting “board” and inserting “panel”.
Amend sec. 11, page 5, line 18, by deleting “board” and inserting “panel”.
Amend sec. 12, page 5, line 26, by deleting “board” and inserting “panel”.
Amend sec. 13, page 5, line 32, by deleting “board” and inserting “panel”.
Amend sec. 14, page 5, line 36, by deleting “board” and inserting “panel”.
Amend sec. 14, page 5, line 39, by deleting “board” and inserting “panel”.
Amend sec. 14, page 6, line 1, by deleting “board” and inserting “panel”.
Amend sec. 14, page 6, line 6, by deleting “board” and inserting “panel”.
Amend sec. 14, page 6, line 9, by deleting “board” and inserting “panel”.
Amend sec. 15, page 6, line 13, by deleting “board” and inserting “panel”.
Amend sec. 15, page 6, line 16, by deleting “board” and inserting “panel”.
Amend sec. 15, page 6, line 21, by deleting “board” and inserting “panel”.
Amend sec. 15, page 6, line 23, by deleting “board” and inserting “panel”.
Amend sec. 16, page 6, line 27, by deleting “board” and inserting “panel”.
Amend sec. 16, page 6, line 36, by deleting “board” and inserting “panel”.
Amend sec. 16, page 6, line 38, by deleting “board.” and inserting “panel.”.
Amend the bill as a whole by deleting sec. 19 and adding:
“Sec. 19. (Deleted by amendment.)”.
Amend sec. 20, page 8, line 33, by deleting “board” and inserting “panel”.
Amend the bill as a whole by adding new sections designated sections 20.2 and 20.4, following sec. 20, to read as follows:
“Sec. 20.2. Chapter 686B of NRS is hereby amended by adding thereto a new section to read as follows:
1. The advisory organization shall, at least 60 days before imposing an assessment pursuant to this section, file with the commissioner a formula for an assessment on all insurers, which results in an equitable distribution among all insurers, of:
(a) The costs of paying the expenses of the members of the appeals panel for industrial insurance pursuant to the provisions of section 9 of this act; and
(b) Any costs incurred by the advisory organization to administer the appeals panel for industrial insurance pursuant to the provisions of sections 5 to 17, inclusive, of this act.
2. The formula for the assessment filed pursuant to subsection 1 shall be deemed approved unless it is disapproved by the commissioner within 60 days after it is filed.
Sec. 20.4. NRS 686B.1751 is hereby amended to read as follows:
Amend sec. 22, page 9, by deleting lines 17 through 19 and inserting: “section 5 of this act and the members described in paragraphs (a), (b), (d), (e) and (f) of subsection 1 of section 5 of this act to terms that expire on June 30, 2001.”.
Amend sec. 23, page 9, by deleting line 22 and inserting:
“2. Section 21 becomes effective at 12:01 a.m. on July 1, 1999.
3. The provisions of this act expire by limitation on July 1, 2001.”.
Amend the title of bill, first line, by deleting “board” and inserting “panel”.
Amend the summary of the bill, first line, by deleting “board” and inserting “panel”.
Senator Townsend moved that the Senate do not concur in the Assembly amendment to Senate Bill No. 417.
Remarks by Senator Townsend.
Motion carried.
Bill ordered transmitted to the Assembly.
Senate Bill No. 423.
The following Assembly amendment was read:
Amendment No. 1007.
Amend section 1, page 1, line 2, by deleting: “2, 3 and 4” and inserting: “2 and 3”.
Amend sec. 3, page 2, by deleting lines 10 and 11 and inserting:
“Sec. 3. 1. The board, by regulation:
(a) Shall establish a program to provide educational requirements for an applicant for a contractor’s license; and
(b) May establish a program to provide continuing education for licensed contractors.
Any program established pursuant to this subsection must include instruction in compliance with applicable building codes, the provisions of chapter 624 of NRS and any regulations adopted pursuant thereto and laws related to mechanics’ and materialmen’s liens.”.
Amend sec. 3, page 2, line 12, by deleting “1” and inserting “1:”.
Amend sec. 3, page 2, by deleting lines 13 through 15 and inserting:
“(a) Must require an applicant for a contractor’s license to comply with the educational requirements as a prerequisite for the issuance of a contractor’s license by the board; and
(b) May require a licensed contractor to comply with the requirements for continuing education as a prerequisite for the renewal of his license by the board.”.
Amend the bill as a whole by deleting sections 4 through 6, renumbering sections 7 through 9 as sections 5 through 7 and adding a new section designated sec. 4, following sec. 3, to read as follows:
“Sec. 4. NRS 624.050 is hereby amended to read as follows:
624.050 1. [Six] Three members of the board must each:
(a) At the time of appointment, hold an unexpired license to operate as a general engineering contractor or a general building contractor.
(b) Be a contractor actively engaged in the contracting business and must have been so engaged for not less than 5 years preceding the date of his appointment.
(c) Have been a citizen and resident of the State of Nevada for at least 5 years next preceding his appointment.
2. Three members of the board must each:
(a) At the time of appointment, hold an unexpired license to operate as a specialty contractor.
(b) Be a contractor actively engaged in the contracting business and must have been so engaged for not less than 5 years preceding the date of his appointment.
(c) Have been a citizen and resident of the State of Nevada for at least 5 years next preceding his appointment.
3. One member of the board must be a representative of the general public.
4. Each member serves a term of 4 years or until his successor is appointed.
5. A member of the board may not serve more than two consecutive terms of any length.”.
Amend the bill as a whole by deleting sec. 10 and renumbering sections 11 and 12 as sections 8 and 9.
Amend sec. 11,
page 8, line 37, by deleting “[and]” and inserting “and”.
Amend sec. 11, page 8, line 38, by deleting “NRS” and inserting “NRS.”.
Amend sec. 11, page 8, by deleting lines 39 through 41.
Amend sec. 12, page 9, line 18, by deleting: “An owner of ”.
Amend sec. 12, page 9, by deleting lines 19 through 21.
Amend the bill as a whole by deleting sections 13 through 15, renumbering sec. 16 as sec. 11 and adding a new section designated sec. 10, following sec. 12, to read as follows:
“Sec. 10. Chapter 278 of NRS is hereby amended by adding thereto the provisions set forth as sections 11 and 12 of this act.”.
Amend sec. 16, page 11, by deleting lines 18 through 20 and inserting:
“Sec. 11. 1. In a county whose population is 100,000 or more, each certificate”.
Amend sec. 16, page 11, line 21, after “be issued” by inserting: “at the time of final inspection”.
Amend sec. 16, page 12, line 8, by deleting “before” and inserting “at”.
Amend sec. 16, page 12, between lines 13 and 14, by inserting:
“5. A certificate of occupancy issued pursuant to the provisions of subsection 1 may not be used as evidence that the construction is in actual compliance with applicable building codes or that the construction meets the minimum standards of the industry:
(a) In a proceeding pursuant to chapter 624 of NRS; or
(b) In a civil action.”.
Amend the bill as a whole by renumbering sec. 17 as sec. 14 and adding new sections designated sections 12 and 13, following sec. 16, to read as follows:
“Sec. 12. A city or county building inspector shall send monthly to the state contractors’ board a list that identifies any person to whom a building permit was issued during the preceding month. If a building officer of a local government has reason to believe that a person is acting as a contractor without the appropriate license, the building officer shall notify the board in writing of the suspected violation. Upon receipt of such a notice, the board shall conduct an investigation to determine whether any action may be taken against the person.
Sec. 13. 1. Except as otherwise provided in subsection 2, the terms of office of all members of the board expire upon the commencement of the terms of their successors appointed pursuant to subsection 3. A member of the board may be appointed to succeed himself if he meets the requirements set forth in NRS 624.050 as amended by this act.
2. The contractor on the board whose term expires on October 30, 2000, and the representative of the general public on the board whose term expires on October 30, 2000, shall serve out the remainder of their terms.
3. Notwithstanding the provisions of subsection 4 of NRS 624.050 as amended by this act, on or before October 31, 1999, the governor shall, pursuant to subsections 1, 2 and 3 of NRS 624.050 as amended by this act, appoint to the state contractors’ board:
(a) Two members who are general engineering contractors or general building contractors and one member who is a specialty contractor whose initial terms expire on October 30, 2002; and
(b) Two members who are specialty contractors whose initial terms expire on October 30, 2004.
4. For the purposes of subsection 5 of NRS 624.050 as amended by this act, the term of office of each member of the board that expires after October 30, 2000, shall be deemed the first term of office for that member.”.
Amend the bill as a whole by adding a new section designated sec. 15, following sec. 17, to read as follows:
“Sec. 15. 1. This section, sections 1, 2, 4 to 9, inclusive, and 11 to 14, inclusive, of this act become effective on October 1, 1999.
2. Sections 3 and 10 of this act become effective on July 1, 2000.”.
Amend the title of the bill to read as follows:
“AN ACT relating to construction; requiring the governing body of a city or county to notify the state contractors’ board if a contractor has violated a provision of any building code adopted by the governing body under certain circumstances; requiring the state contractors’ board to establish a program to provide educational requirements for an applicant for a contractor’s license and continuing education for licensed contractors; changing the membership of the state contractors’ board; lengthening the time that a contractor must be licensed in this state before he may be relieved by the state contractors’ board from filing a bond or establishing a cash deposit under certain circumstances; shortening the period during which certain licenses may be reinstated; authorizing the state contractors’ board to require a licensee to file an additional bond under certain circumstances; requiring certain certificates of occupancy in certain circumstances; and providing other matters properly relating thereto.”.
Senator Townsend moved that the Senate do not concur in the Assembly amendment to Senate Bill No. 423.
Remarks by Senator Townsend.
Motion carried.
Bill ordered transmitted to the Assembly.
Senate Bill No. 477.
The following Assembly amendment was read:
Amendment No. 1062.
Amend section 1, page 1, line 15, by deleting “the” and inserting “a”.
Amend section 1, page 1, line 16, by deleting “inclusive.” and inserting: “inclusive, in which a 1 percent tax is imposed on the gross receipts from the rental of transient lodging for railroad grade separation projects.”.
Amend section 1, page 2, line 2, by deleting “the” and inserting “a”.
Amend section 1, page 2, by deleting line 3 and inserting: “inclusive, in which a 1 percent tax is imposed on the gross receipts from the rental of transient lodging for railroad grade separation projects.”.
Amend section 1, page 2, line 14, by deleting “subsection” and inserting: “subsections 1 and”.
Amend sec. 2, page 2, line 23, by deleting “incorporated” and inserting “unincorporated”.
Amend sec. 2, page 2, line 24, by deleting “the” and inserting “a”.
Amend sec. 2, page 2, by deleting lines 25 through 31 and inserting: “described in NRS 268.780 to 268.785, inclusive, in which a 1 percent tax is imposed on the gross receipts from the rental of transient lodging for railroad grade separation projects; and
(b) All of the proceeds collected in a district described in NRS 268.780 to 268.785, inclusive, in which a 1 percent tax is imposed on the gross receipts from the rental of transient lodging for railroad grade separation projects,
must be used by the Reno/Sparks Convention and Visitors Authority to reconstruct, expand, improve, equip, operate and maintain the Reno/Sparks Convention Center, including, but not limited to, parking and facilities ancillary to the Reno/Sparks Convention Center and the acquisition of real property and other appurtenances therefor. The Reno/Sparks Convention and Visitors Authority may irrevocably pledge and use any money received from the proceeds of the tax pursuant to this subsection, together with the proceeds of other tax revenues and facilities revenues received by the Reno/Sparks Convention and Visitors Authority legally available therefor, for the payment of general and special obligations issued for the purpose of reconstructing, expanding, improving and equipping the Reno/Sparks Convention Center, including, but not limited to, parking and facilities ancillary to the Reno/Sparks Convention Center and the acquisition of real property and other appurtenances therefor.
2. From the remaining one-third of the proceeds collected in the area described in subparagraphs (1) and (2) of paragraph (a) of subsection 1, the sum of $1,500,000 and, beginning June 1, 2000, and”.
Amend sec. 2, page 2, line 41, by deleting “7” and inserting “6”.
Amend sec. 2, page 2, line 43, by deleting “7” and inserting “6”.
Amend sec. 2, page 3, by deleting line 2 and inserting: “NRS 279.619, be used to acquire, establish, construct, expand and equip such projects, and to pay the principal and interest on notes, bonds or”.
Amend sec. 2, page 3, by deleting lines 6 through 9 and inserting:
“3. From the remaining one-third of the proceeds collected in the area described in subparagraphs (1) and (2) of paragraph (a) of subsection 1, if any, after the amount described in subsection 2 is set aside for use pursuant to that subsection, the amounts set forth in this subsection must be paid to the City Council of the City of Sparks on the dates set forth in this subsection to be used by the City”.
Amend sec. 2, page 3, line 11, after “for the” by inserting “operation and”.
Amend sec. 2, page 3, by deleting lines 26 and 27 and inserting:
“4. The remainder of the one-third of the proceeds collected in the area described in subparagraphs (1) and (2) of paragraph (a) of subsection 1, if any, after the amounts described in subsections 2 and 3 are set aside for use pursuant to those”.
Amend sec. 2, page 3, by deleting line 30 and inserting: “reconstruct, expand, improve, equip, operate and maintain the Reno/Sparks Convention Center, including, but not limited to, parking and facilities ancillary to the Reno/Sparks Convention Center and the acquisition of real property and other appurtenances therefor and the payment of general and special obligations issued for those purposes.”.
Amend sec. 3, page 4, line 5, after “which” by inserting: “is imposed pursuant to section 1 of this act or which”.
Amend sec. 3, page 4, line 6, after “law” by inserting: “before March 1, 1999,”.
Amend sec. 3, page 4, line 9, by deleting “purpose.” and inserting: “purpose,
or that the Reno/Sparks Convention and Visitors Authority expends for or pledges to notes, bonds or other obligations payable from the rental of transient lodging which are issued by or on behalf of the Reno/Sparks Convention and Visitors Authority.”.
Amend the bill as a whole by deleting sec. 4 and renumbering sections 5 through 10 as sections 4 through 9.
Amend sec. 6, page 5, by deleting line 9 and inserting: “outside a district described in NRS 268.780 to 268.785, inclusive, in which a 1 percent tax is imposed on the gross receipts from the rental of transient lodging for railroad grade separation projects, and”.
Amend sec. 6, page 5, line 15, by deleting “in the” and inserting “in a”.
Amend sec. 6, page 5, line 16, by deleting “inclusive.” and inserting: “inclusive, in which a 1 percent tax is imposed on the gross receipts from the rental of transient lodging for railroad grade separation projects.”.
Amend sec. 7, page 5, by deleting lines 38 and 39 and inserting:
“(b) Located in a district described in NRS 268.780 to 268.785, inclusive, in which a 1 percent tax is imposed on the gross receipts from the rental of transient lodging for railroad grade separation projects.”.
Amend sec. 9, page 7, by deleting lines 13 and 14 and inserting: “collection of the taxes imposed and authorized by”.
Amend the title of the bill by deleting the sixth through eighth lines and inserting: “to pay certain costs related to the promotion of tourism; imposing certain requirements with”.
Senator McGinness moved that the Senate do not concur in the Assembly amendment to Senate Bill No. 477.
Remarks by Senator McGinness.
Motion carried.
Bill ordered transmitted to the Assembly.
Recede From Senate Amendments
Senator O’Donnell moved that the Senate do not recede from its action on Assembly Bill No. 59, that a conference be requested, and that Madam President appoint a first Conference Committee consisting of three members to meet with a like committee of the Assembly.
Remarks by Senator O’Donnell.
Motion carried.
Appointment of Conference Committees
Madam President appointed Senators Washington, Jacobsen and Wiener as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Assembly Bill No. 59.
Recede From Senate Amendments
Senator Townsend moved that the Senate do not recede from its action on Assembly Bill No. 109, that a conference be requested, and that Madam President appoint a first Conference Committee consisting of three members to meet with a like committee of the Assembly.
Remarks by Senator Townsend.
Motion carried.
Appointment of Conference Committees
Madam President appointed Senators Porter, Townsend and Shaffer as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Assembly Bill No. 109.
Recede From Senate Amendments
Senator Rawson moved that the Senate do not recede from its action on Assembly Bill No. 238, that a conference be requested, and that Madam President appoint a first Conference Committee consisting of three members to meet with a like committee of the Assembly.
Remarks by Senator Rawson.
Motion carried.
Appointment of Conference Committees
Madam President appointed Senators Amodei, Wiener and Mathews as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Assembly Bill No. 238.
Recede From Senate Amendments
Senator Raggio moved that the Senate do not recede from its action on Assembly Bill No. 289, that a conference be requested, and that Madam President appoint a first Conference Committee consisting of three members to meet with a like committee of the Assembly.
Remarks by Senator Raggio.
Motion carried.
Appointment of Conference Committees
Madam President appointed Senators O’Donnell, Jacobsen and Neal as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Assembly Bill No. 289.
Recede From Senate Amendments
Senator Rawson moved that the Senate do not recede from its action on Assembly Bill No. 376, that a conference be requested, and that Madam President appoint a first Conference Committee consisting of three members to meet with a like committee of the Assembly.
Remarks by Senator Rawson.
Motion carried.
Appointment of Conference Committees
Madam President appointed Senators Washington, Wiener and Schneider as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Assembly Bill No. 376.
Madam President appointed Senators O’Connell, Rhoads and Schneider as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Senate Bill No. 16.
Madam President appointed Senators O’Connell, Care and Porter as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Senate Bill No. 369.
Madam President appointed Senators Amodei, Wiener and Washington as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Senate Bill No. 519.
Reports of Conference Committees
Madam President:
The first Conference Committee concerning Senate Bill No. 30, consisting of the undersigned members, has met, and reports that:
It has agreed to recommend that the amendment of the Assembly be concurred in.
Barbara E. Buckley
Mark E. Amodei Dennis Nolan
Jon C. Porter Jerry D. Claborn
Senate Conference Committee Assembly Conference Committee
Senator Amodei moved that the Senate adopt the report of the first Conference Committee concerning Senate Bill No. 30.
Remarks by Senator Amodei.
Motion carried.
GENERAL FILE AND THIRD READING
Senate Bill No. 399.
Bill read third time.
Remarks by Senators Jacobsen, James, Raggio and Titus.
Roll call on Senate Bill No. 399:
Yeas—18.
Nays—Care, Carlton, Titus—3.
Senate Bill No. 399 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 321.
Bill read third time.
Roll call on Assembly Bill No. 321:
Yeas—21.
Nays—None.
Assembly Bill No. 321 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 525.
Bill read third time.
Remarks by Senators O’Connell and Raggio.
Roll call on Assembly Bill No. 525:
Yeas—20.
Nays—O’Connell.
Assembly Bill No. 525 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Senator Raggio moved that the Senate recess subject to the call of the Chair.
Motion carried.
Senate in recess at 1:14 p.m.
SENATE IN SESSION
At 1:29 p.m.
President Hunt presiding.
Quorum present.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Rawson moved that the motion to concur with Assembly amendment No. 973 to Senate Bill No. 104 be rescinded.
Remarks by Senator Rawson.
Motion carried.
Senator Rawson moved that the Senate do not concur in Assembly amendment No. 973 to Senate Bill No. 104.
Motion carried.
Bill ordered transmitted to the Assembly.
UNFINISHED BUSINESS
Consideration of Assembly Amendments
Senate Bill No. 282.
The following Assembly amendment was read:
Amendment No. 1031.
Amend the bill as a whole by renumbering sections 2 and 3 as sections 3 and 4 and adding a new section designated sec. 2, following section 1, to read as follows:
“Sec. 2. Section 54 of chapter 473, Statutes of Nevada 1997, at page 1784, is hereby amended to read as follows:
For the fiscal year 1997-1998.................................................................... $130,000
For the fiscal year 1998-1999................................................... [$85,000] $96,500
2. The examinations purchased and administered by the department of education must be:
(a) Purchased from the same vendor from whom the 4th and 8th grade examinations are purchased; and
(b) The version of the examination that is administered to pupils in the 4th and 8th grades which is appropriate for administration in the 10th grade.
3. The sums appropriated by subsection 1 are available for either fiscal year. Any balance remaining of those sums must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon all payments of money committed have been made.”.
Amend sec. 2, page 1, line 15, by deleting “$48,200” and inserting “$36,700”.
Senator Raggio moved that the Senate concur in the Assembly amendment to Senate Bill No. 282.
Remarks by Senator Raggio.
Motion carried.
Bill ordered enrolled.
Senate Bill No. 396.
The following Assembly amendment was read:
Amendment No. 934.
Amend sec. 3, page 2, by deleting lines 9 through 12 and inserting:
“(a) Interfere with;
(b) Beat, harass or intimidate; or
(c) Kill,
a guide dog, hearing dog, helping dog or other service animal.”.
Amend sec. 3, page 2, by deleting lines 17 and 18 and inserting:
“(a) Paragraph (a) of subsection 1 is guilty of a misdemeanor.
(b) Paragraph (b) of subsection 1 is guilty of a gross misdemeanor.
(c) Paragraph (c) of subsection 1 is guilty of a category E felony and shall be punished as provided in NRS 193.130.”.
Amend sec. 5, page 2, by deleting lines 38 through 40 and inserting:
“Sec. 5. Chapter 574 of NRS is hereby amended by adding thereto the provisions set forth as sections 6 and 7 of this act.
Sec. 6. 1. A person shall not willfully and maliciously:”.
Amend the bill as a whole by renumbering sections 6 through 10 as sections 8 through 12 and adding a new section designated sec. 7, following sec. 5, to read as follows:
“Sec. 7. 1. A person shall not:
(a) Willfully, unjustifiably and maliciously tamper or interfere with;
(b) Willfully and unjustifiably abuse or injure, or willfully and unjustifiably set on foot, instigate, engage in or in any way further an act of abusing or injuring; or
(c) Willfully and unjustifiably kill or willfully and unjustifiably set on foot, instigate, engage in or in any way further an act of killing,
a dog owned by another person that is used in an exhibition, show, contest or other event in which the skill, breeding or stamina of the dog is judged or examined.
2. A person who violates:
(a) Paragraph (a) of subsection 1 is guilty of a misdemeanor.
(b) Paragraph (b) of subsection 1 is guilty of a gross misdemeanor.
(c) Paragraph (c) of subsection 1 is guilty of a category E felony and shall be punished as provided in NRS 193.130.”.
Amend sec. 6, page 3, line 23, by deleting “section 5” and inserting: “sections 6 and 7”.
Amend sec. 8, page 6, between lines 4 and 5, by inserting:
“5. The provisions of this section do not apply with respect to an injury to or the death of an animal that occurs accidentally in the normal course of:
(a) Carrying out the activities of a rodeo or livestock show; or
(b) Operating a ranch.”.
Amend the title of the bill, third line, after “penalties;” by inserting: “providing certain exceptions with respect to rodeos, livestock shows and ranches;”.
Senator James moved that the Senate concur in the Assembly amendment to Senate Bill No. 396.
Remarks by Senator James.
Motion carried.
Bill ordered enrolled.
Senate Bill No. 360.
The following Assembly amendments were read:
Amendment No. 734.
Amend the bill as a whole by renumbering sections 1 through 4 as sections 5 through 8 and adding new sections designated sections 1 through 4, following the enacting clause, to read as follows:
“Section 1. Chapter 202 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. As used in this section and sections 3 and 4 of this act, unless the context otherwise requires, “laser pointer” means any device that emits light amplified by the stimulated emission of radiation that is visible to the human eye.
Sec. 3. 1. Except as otherwise provided in subsection 2, a person shall not direct light emitted from a laser pointer into or through a public place.
2. A person who is 19 years of age or older may direct light emitted from a laser pointer into or through a public place if he directs the light for a valid purpose related to his employment during the hours of his employment.
3. A person who violates the provisions of this section is guilty of a misdemeanor.
Sec. 4. 1. A person shall not direct light emitted from a laser pointer at a uniformed peace officer, security guard, traffic officer, fireman, emergency medical attendant or ambulance driver or attendant.
2. A person who violates the provisions of this section is guilty of a misdemeanor.
3. As used in this section:
(a) “Emergency medical attendant” has the meaning ascribed to it in NRS 41.139.
(b) “Security guard” has the meaning ascribed to it in NRS 648.016.”.
Amend sec. 3, page 4, by deleting line 43 and inserting: “committed before October 1, 1999.”.
Amend sec. 4, page 5, line 1, by deleting “2” and inserting “6”.
Amend the title of the bill to read as follows:
“AN ACT relating to crimes; prohibiting certain acts relating to the use of laser pointers; revising the penalty for the crime of petit larceny; revising the penalty for the crime of driving a vehicle while under the influence of alcohol or a controlled substance; providing penalties; and providing other matters properly relating thereto.”.
Amend the summary of the bill, first line, by deleting “Revises” and inserting: “Prohibits certain acts relating to use of laser pointers and revises”.
Amendment No. 866.
Amend sec. 2, page 1, line 6, after “eye.” by inserting: “The term includes, without limitation, a laser scope intended for use with a firearm.”.
Amend sec. 3, page 1, by deleting lines 7 through 15 and inserting:
“Sec. 3. 1. A person shall not knowingly direct light emitted from a laser pointer into or through a public place or at another person in a manner that would cause a reasonable person apprehension or fear of bodily harm, unless the person does so for a valid and lawful purpose.
2. A person who violates the provisions of this section is guilty of a misdemeanor.”.
Amend sec. 4, page 2, line 1, after “not” by inserting “knowingly”.
Amend sec. 4, page 2, by deleting line 5 and inserting “gross misdemeanor.”.
Senator James moved that the Senate do not concur in the Assembly amendment to Senate Bill No. 360.
Remarks by Senator James.
Motion carried.
Bill ordered transmitted to the Assembly.
Senate Bill No. 322.
The following Assembly amendment was read:
Amendment No. 1008.
Amend sec. 6, page 2, by deleting lines 42 and 43, and inserting: “completing a form for registration provided by the division.”.
Amend sec. 6, page 3, by deleting lines 2 and 3, and inserting: “division annually on a form provided by the division.”.
Amend the bill as a whole by deleting sec. 9 and renumbering sections 10 through 13 as sections 9 through 12.
Amend the title of the bill, third line, by deleting: “and pay a fee for registration;” and inserting a semicolon.
Senator James moved that the Senate do not concur in the Assembly amendment to Senate Bill No. 322.
Remarks by Senator James.
Motion carried.
Bill ordered transmitted to the Assembly.
Senate Bill No. 391.
The following Assembly amendments were read:
Amendment No. 920.
Amend section 1, page 1, line 2, by deleting “14,” and inserting “12,”.
Amend sec. 3, page 1, line 8, by deleting “11” and inserting “10”.
Amend the bill as a whole by deleting sec. 5 and renumbering sections 6 through 13 as sections 5 through 12.
Amend sec. 7, page 2, line 19, after “raise” by inserting “or keep”.
Amend sec. 9, page 2, line 36, by deleting: “two and one-half” and inserting “three”.
Amend sec. 9, page 2, line 38, after “raising” by inserting “or keeping”.
Amend sec. 10, page 3, line 4, by deleting: “11 to 14, inclusive,” and inserting: “10, 11 and 12”.
Amend sec. 12, page 4, by deleting lines 3 and 4 and inserting:
“(1) Any minimum requirements for the development of infrastructure that have been determined by the coalition;”.
Amend sec. 13, page 4, line 23, after “Sec. 13.” by inserting “1.”.
Amend sec. 13, page 4, between lines 25 and 26, by inserting:
“2. As used in this section, “master development agreement” means a written agreement:
(a) Between a governing body and a person who has a legal or equitable interest in land that is entered into upon the application of the person who wishes to develop that land;
(b) To enable the governing body to distribute equitably the costs to develop infrastructure for an area of land that is largely undeveloped; and
(c) That is based on an analysis of the need for infrastructure that is prepared pursuant to section 11 of this act.”.
Amend the bill as a whole by deleting sec. 14 and renumbering sections 15 through 18 as sections 13 through 16.
Amend sec. 15, page 4, line 35, by deleting “14,” and inserting “12,”.
Amend sec. 15, page 4, line 37, by deleting “8,” and inserting “7,”.
Amend sec. 18, page 8, line 1, by deleting “9” and inserting “8”.
Amendment No. 1125.
Amend sec. 13.3. page 6, line 9, by deleting: “October 1, 1999,” and inserting: “July 1, 2000,”.
Amend sec. 13.3. page 6, line 13, by deleting: “October 1, 1999,” and inserting: “July 1, 2000,”.
Amend sec. 13.3. page 6, line 18, by deleting: “October 1, 1999,” and inserting: “July 1, 2000,”.
Amend sec. 13.3. page 6, line 20, by deleting: “October 1, 1999,” and inserting: “July 1, 2000,”.
Amend sec. 23, page 22, by deleting lines 40 through 43 and inserting:
“5. Section 13.3 of this act becomes effective on July 1, 2000.”.
Amendment No. 1079.
Amend section 1, page 1, line 2, by deleting “12,” and inserting “12.5,”.
Amend the bill as a whole by adding a new section designated sec. 3.5, following sec. 3, to read as follows:
“Sec. 3.5. “Infill development” means development that fills in an existing pattern of development on land that is:
1. Improved or unimproved; and
2. Surrounded completely by infrastructure and other development.”.
Amend sec. 4, page 1, by deleting lines 9 and 10 and inserting:
“Sec. 4. “Infrastructure” means publicly owned or publicly supported facilities that are necessary or desirable to support intense habitation within a region, including, without limitation, parks, roads, schools, police stations, fire stations, community centers, sanitary sewers, facilities for mass transit and facilities for the conveyance of power, water and the treatment of wastewater.”.
Amend the bill as a whole by adding a new section designated sec. 6.5, following sec. 6, to read as follows:
“Sec. 6.5. “Smart growth zone” means an area designated pursuant to section 12.5 of this act.”.
Amend sec. 11, page 4, by deleting lines 6 through 9.
Amend sec. 11, page 4, line 10, by deleting “5.” and inserting “4.”.
Amend the bill as a whole by adding a new section designated sec. 12.5, following sec. 12, to read as follows:
“Sec. 12.5. 1. In a county whose population is 100,000 or more, the governing body of the county and each city in the county shall designate as a smart growth zone each area within its jurisdiction that is likely to benefit from infill development. The governing body shall review such zones periodically and adjust the zones as it deems necessary.
2. In a county whose population is less than 100,000, the governing body of the county and each city in the county may designate as a smart growth zone each area within its jurisdiction that is likely to benefit from infill development. The governing body may review and adjust such zones periodically as it deems necessary.”.
Amend sec. 13, page 4, line 28, by deleting “12,” and inserting “12.5,”.
Amend the bill as a whole by adding new sections designated sections 13.3 and 13.7, following sec. 13, to read as follows:
“Sec. 13.3. NRS 278.021 is hereby amended to read as follows:
278.021 1. [The purpose of this section is to remove obstacles imposed by zoning ordinances, declarations of restrictions, deed restrictions, restrictive covenants and equitable servitudes which prevent persons who are mentally retarded from living in normal residences.
2.] In any ordinance adopted by a city or county, the definition of “single-family residence” must include a [home in which six or fewer unrelated persons who are mentally retarded reside with one or two additional persons to act as house parents or guardians who need not be related to each other or any of the mentally retarded persons who reside in the house.
3. This section does] :
(a) Residential facility for groups in which 10 or fewer unrelated persons with disabilities reside with a minimum of:
(1) One or two additional persons who act as house parents or guardians and who need not be related to any of the residents with disabilities; and
(2) If applicable, one or two additional persons who are related to the house parents or guardians within the second degree of consanguinity or affinity.
(b) Home for individual residential care in which two or fewer unrelated persons with disabilities reside with:
(1) One or two additional persons who act as house parents or guardians and who need not be related to any of the residents with disabilities; and
(2) If applicable, one or two additional persons who are related to the house parents or guardians within the second degree of consanguinity or affinity.
2. The provisions of subsection 1 do not prohibit a definition of “single-family residence” which permits more persons to reside in the house, nor does it prohibit regulation of homes which are operated on a commercial basis.
[4. For the purposes of subsection 1, a residence for mentally retarded persons is not a commercial activity.] For the purposes of this subsection, a residential facility for groups or a home for individual residential care shall not be deemed to be a home that is operated on a commercial basis for any purposes relating to building codes or zoning.
3. The health division of the department of human resources shall compile and maintain a registry of information relating to each residential facility for groups that exists in this state and shall make available for access on the Internet or its successor, if any, the information contained in the registry. The registry must include with respect to each residential facility for groups:
(a) The name of the owner of the facility;
(b) The name of the administrator of the facility;
(c) The address of the facility; and
(d) The number of clients for which the facility is licensed.
Any department or agency of a county or city that becomes
aware of the existence of a residential facility for groups that is not
included in the registry shall transmit such information to the health
division, as is necessary, for inclusion in the registry within 30 days after
obtaining the information.
4. The governing body of a county whose population is 100,000 or more or the governing body of a city in such a county or any department or agency of the city or county shall approve the first application submitted on or after October 1, 1999, to operate a residential facility for groups within a particular neighborhood in the jurisdiction of the governing body, including, without limitation, an application submitted as a result of the change in ownership of a residential facility for groups. If, on or after October 1, 1999, an application is submitted to operate a residential facility for groups that is in addition to the residential facility for groups that has been approved pursuant to paragraph (a) or (b) of subsection 1 within 660 feet from an existing residential facility for groups, the governing body shall review the application based on applicable zoning ordinances. Except as a result of a change in ownership of a residential facility for groups on or after October 1, 1999, the requirements of this subsection do not require the relocation or displacement of any residential facility for groups which existed before October 1, 1999, from its location on that date. The provisions of this subsection do not create or impose a presumption that the location of more than one residential facility for groups within 660 feet of each other is inappropriate under all circumstances with respect to the enforcement of zoning ordinances and regulations.
5. The governing body of a county or city shall not:
(a) Require a special use permit for a residential facility for groups; or
(b) Authorize the operators of a residential facility for groups to allow persons other than those specified in subsection 1 to reside at the facility.
6. The provisions of this section must not be applied in any manner which would result in a loss of money from the Federal Government for programs relating to housing.
7. As used in this section:
(a) “Change in ownership” means any transfer of ownership except a transfer of ownership between any persons related within the third degree of consanguinity or affinity.
(b) “Home for individual residential care” has the meaning ascribed to it in NRS 449.0105.
(c) “Person with a disability” means a person:
(1) With a physical or mental impairment that substantially limits one or more of the major life activities of the person;
(2) With a record of such an impairment; or
(3) Who is regarded as having such an impairment.
(d) “Residential facility for groups” has the meaning ascribed to it in NRS 449.017.
Sec. 13.7. NRS 278.150 is hereby amended to read as follows:
2. The plan must be known as the master plan, and must be so prepared that all or portions thereof, except as otherwise provided in subsection 3, may be adopted by the governing body, as provided in NRS 278.010 to 278.630, inclusive, as a basis for the development of the city, county or region for such reasonable period of time next ensuing after the adoption thereof as may practically be covered thereby.
3. In counties whose population is 100,000 or more, if the governing body of the city or county adopts only a portion of the master plan, it shall include in that portion a conservation plan, a housing plan, a land use plan and a population plan as provided in NRS 278.160.”.
Amend the bill as a whole by adding new sections designated sections 14.3 and 14.7, following sec. 14, to read as follows:
“Sec. 14.3. NRS 278.170 is hereby amended to read as follows:
2. In counties whose population is 100,000 or more, if the commission prepares and adopts less than all subjects of the master plan, as outlined in NRS 278.160, it shall include, in its preparation and adoption, the conservation, housing, land use and population plans described in that section.
Sec. 14.7. NRS 278.210 is hereby amended to read as follows:
2. The adoption of the master plan, or of any amendment, extension or addition thereof, [shall] must be by resolution of the commission carried by the affirmative votes of not less than two-thirds of the total membership of the commission. The resolution [shall] must refer expressly to the maps, descriptive matter and other matter intended by the commission to constitute the plan or any amendment, addition or extension thereof, and the action taken [shall] must be recorded on the map and plan and descriptive matter by the identifying signatures of the secretary and chairman of the commission.
3. No plan or map, hereafter, [shall] must have indicated thereon that it is a part of the master plan until it [shall have] has been adopted as part of the master plan by the commission as herein provided for the adoption thereof, whenever changed conditions or further studies by the commission require such amendments, extension, or addition.
4. Except as otherwise provided in this subsection, the commission shall not amend the land use plan of the master plan set forth in paragraph (f) of subsection 1 of NRS 278.160 more than four times in a calendar year. The provisions of this subsection do not apply to a change in the land use designated for a particular area if the change does not affect more than 25 percent of the area.
5. An attested copy of any part, amendment, extension of or addition to the master plan adopted by the planning commission of any city, county or region [shall] must be certified to the governing body of [such] the city, county or region.
[5.] 6. An attested copy of any part, amendment, extension of or addition to the master plan adopted by any regional planning commission [shall] must be certified to the county planning commission and to the board of county commissioners of each county within the regional district.”.
Amend sec. 15, page 7, line 8, by deleting: “be adopted in accordance with” and inserting: “[be adopted in accordance with] strictly conform to”.
Amend the bill as a whole by renumbering sec. 16 as sec. 23 and adding new sections designated sections 16 through 22, following sec. 15, to read as follows:
“Sec. 16. NRS 278.260 is hereby amended to read as follows:
2. A zoning regulation, restriction or boundary must strictly conform to the master plan and must not become effective until after a public hearing at which parties in interest and other persons have an opportunity to be heard. The governing body shall cause notice of the time and place of the hearing to be:
(a) Published in an official newspaper, or a newspaper of general circulation, in the city, county or region; and
(b) Mailed to each tenant of a mobile home park if that park is located within 300 feet of the property in question,
at least 10 days before the hearing.
3. If the proposed amendment involves a change in the boundary of a zoning district in a county whose population is less than 400,000, the governing body shall, to the extent this notice does not duplicate the notice required by subsection 2, cause a notice to be sent at least 10 days before the hearing to:
(a) The applicant;
(b) Each owner, as listed on the county assessor’s records, of real property located within 300 feet of the portion of the boundary being changed;
(c) Each owner, as listed on the county assessor’s records, of at least 30 parcels nearest to the portion of the boundary being changed, to the extent this notice does not duplicate the notice given pursuant to paragraph (b); and
(d) Any advisory board which has been established for the affected area by the governing body.
The notice must be sent by mail or, if requested by a party to whom notice must be provided pursuant to paragraphs (a) to (d), inclusive, by electronic means if receipt of such an electronic notice can be verified, and be written in language which is easy to understand. The notice must set forth the time, place and purpose of the hearing and a physical description of, or a map detailing, the proposed change.
4. If the proposed amendment involves a change in the boundary of a zoning district in a county whose population is 400,000 or more, the governing body shall, to the extent this notice does not duplicate the notice required by subsection 2, cause a notice to be sent at least 10 days before the hearing to:
(a) The applicant;
(b) Each owner, as listed on the county assessor’s records, of real property located within 500 feet from the portion of the boundary being changed;
(c) Each owner, as listed on the county assessor’s records, of at least 30 parcels nearest to the portion of the boundary being changed, to the extent this notice does not duplicate the notice given pursuant to paragraph (b); and
(d) Any advisory board which has been established for the affected area by the governing body.
The notice must be sent by mail or, if requested by a party to whom notice must be provided pursuant to paragraphs (a) to (d), inclusive, by electronic means if receipt of such an electronic notice can be verified, and be written in language which is easy to understand. The notice must set forth the time, place and purpose of the hearing and a physical description of, or a map detailing, the proposed change.
5. If a notice is required to be sent pursuant to subsection 4:
(a) The exterior of a notice sent by mail; or
(b) The cover sheet, heading or subject line of a notice sent by electronic means,
must bear a statement in at least 10-point bold type or fontin substantially the following form:
OFFICIAL NOTICE OF PUBLIC HEARING
6. In addition to sending the notice required pursuant to subsection 4, in a county whose population is 400,000 or more, the governing body shall, no later than 10 days before the hearing, erect or cause to be erected on the property, at least one sign not less than 2 feet high and 2 feet wide. The sign must be made of material reasonably calculated to withstand the elements for 40 days. The governing body must be consistent in its use of colors for the background and lettering of the sign. The sign must include the following information:
(a) The existing zoning designation of the property in question;
(b) The proposed zoning designation of the property in question;
(c) The date, time and place of the public hearing;
(d) A telephone number which may be used by interested persons to obtain additional information; and
(e) A statement which indicates whether the proposed zoning designation of the property in question complies with the requirements of the master plan of the city or county in which the property is located.
7. A sign required pursuant to subsection 6 is for informational purposes only, and must be erected regardless of any local ordinance regarding the size, placement or composition of signs to the contrary.
8. A governing body may charge an additional fee for each application to amend an existing zoning regulation, restriction or boundary to cover the actual costs resulting from the mailed notice required by this section and the erection of not more than one of the signs required by subsection 6, if any. The additional fee is not subject to the limitation imposed by NRS 354.5989.
9. The governing body shall remove or cause to be removed any sign required by subsection 6 within 5 days after the final hearing for the application for which the sign was erected. There must be no additional charge to the applicant for such removal.
Sec. 17. NRS 278.315 is hereby amended to read as follows:
2. A hearing to consider an application for the granting of a variance, special use permit, conditional use permit or special exception must be held before the board of adjustment, planning commission or hearing examiner within 65 days after the filing of the application, unless a longer time or a different process of review is provided in an agreement entered into pursuant to NRS 278.0201. A notice setting forth the time, place and purpose of the hearing must be sent at least 10 days before the hearing to:
(a) The applicant;
(b) Each owner of real property located within 300 feet of the property in question;
(c) If a mobile home park is located within 300 feet of the property in question, each tenant of that mobile home park; and
(d) Any advisory board which has been established for the affected area by the governing body.
The notice must be sent by mail or, if requested by a party to whom notice must be provided pursuant to paragraphs (a) to (d), inclusive, by electronic means if receipt of such an electronic notice can be verified, and be written in language which is easy to understand. The notice must set forth the time, place and purpose of the hearing and a physical description or map of the property in question.
3. If the application is for the issuance of a special use permit in a county whose population is 100,000 or more, the governing body shall, to the extent this notice does not duplicate the notice required by subsection 2, cause a notice to be sent at least 10 days before the hearing to each owner, as listed on the county assessor’s records, of at least 30 parcels nearest to the property in question. The notice must be sent by mail or, if requested by an owner to whom notice must be provided, by electronic means if receipt of such an electronic notice can be verified, and be written in language which is easy to understand. The notice must set forth the time, place and purpose of the hearing and a physical description or map of the property in question.
4. If an application is for the issuance of a special use permit with regard to property that is located within an unincorporated town that is rural in character and not located within an urbanized area of the county, as determined by the board of county commissioners, the applicant shall present the information contained in the application at a meeting of the town board, citizens’ advisory council or town advisory board, whichever is applicable, before a hearing is held on the application pursuant to subsection 2. The town board, citizens’ advisory council or town advisory board may make recommendations regarding the application and submit its recommendations for consideration at the hearing held pursuant to subsection 2. The governing body or other person or entity that is authorized to take action on the application at the hearing held pursuant to subsection 2 shall not take action on the application until it receives recommendations from the town board, citizens’ advisory council or town advisory board regarding the application or evidence from the applicant that he presented the information contained in the application at a meeting of the town board, citizens’ advisory council or town advisory board, unless the town board, citizens’ advisory council or town advisory board failed to discuss the application because of the absence of a quorum present at the scheduled meeting. The governing body or other authorized person or entity shall consider any recommendations made by the town board, citizens’ advisory council or town advisory board regarding the application. If the governing body or other authorized person or entity does not concur with the recommendation, if any, the governing body or other authorized person or entity shall specify for the record the reasons for its action.
5. An ordinance adopted pursuant to this section must provide an opportunity for the applicant or a protestant to appeal from a decision of the board of adjustment, planning commission or hearing examiner to the governing body.
[5.] 6. In a county whose population is 400,000 or more, if the application is for the issuance of a special use permit for an establishment which serves alcoholic beverages for consumption on or off of the premises as its primary business in a district which is not a gaming enterprise district as defined in NRS 463.0158, the governing body shall, in addition to sending the notice required pursuant to subsection 3, not later than 10 days before the hearing, erect or cause to be erected on the property, at least one sign not less than 2 feet high and 2 feet wide. The sign must be made of material reasonably calculated to withstand the elements for 40 days. The governing body must be consistent in its use of colors for the background and lettering of the sign. The sign must include the following information:
(a) The existing permitted use and zoning designation of the property in question;
(b) The proposed permitted use of the property in question;
(c) The date, time and place of the public hearing; and
(d) A telephone number which may be used by interested persons to obtain additional information.
[6.] 7. A sign required pursuant to subsection [5] 6 is for informational purposes only, and must be erected regardless of any local ordinance regarding the size, placement or composition of signs to the contrary.
[7.] 8. A governing body may charge an additional fee for each application for a special use permit to cover the actual costs resulting from the erection of not more than one sign required by subsection [5,] 6, if any. The additional fee is not subject to the limitation imposed by NRS 354.5989.
[8.] 9. The governing body shall remove or cause to be removed any sign required by subsection [5] 6 within 5 days after the final hearing for the application for which the sign was erected. There must be no additional charge to the applicant for such removal.
[9.] 10. The provisions of this section do not apply to an application for a conditional use permit filed pursuant to section 1 of [this act.] Assembly Bill No. 603 of this session.
Sec. 18. NRS 231.067 is hereby amended to read as follows:
231.067 The commission on economic development shall:
1. Develop a state plan for industrial development and diversification. The state plan must include a provision that promotes infill development in smart growth zones designated pursuant to section 12.5 of this act.
2. Promote, encourage and aid the development of commercial, industrial, agricultural, mining and other vital economic interests of this state, except for travel and tourism, except that in a county whose population is less than 35,000, the county may include community development and the development of the nongaming recreation and tourism industry in its economic development efforts.
3. Identify sources of financing and assist businesses and industries which wish to locate in Nevada in obtaining financing.
4. Provide and administer grants of money to political subdivisions of the state and to local or regional organizations for economic development to assist them in promoting the advantages of their communities and in recruiting businesses to relocate in those communities. Each recipient must provide an amount of money, at least equal to the grant, for the same purpose, except, in a county whose population is less than 35,000, the commission may, if convinced that the recipient is financially unable to do so, provide such a grant with less than equal matching money provided by the recipient.
5. Encourage and assist state, county and city agencies in planning and preparing projects for economic or industrial development and financing those projects with revenue bonds.
6. Coordinate and assist the activities of counties, cities, local and regional organizations for economic development and fair and recreation boards in the state which affect industrial development, except for travel and tourism, except that in a county whose population is less than 35,000, the county may include community development and the development of the nongaming recreation and tourism industry in its economic development efforts.
7. Arrange by cooperative agreements with local governments to serve as the single agency in the state where relocating or expanding businesses may obtain all required permits.
8. Promote close cooperation between public agencies and private persons who have an interest in industrial development and diversification in Nevada.
9. Organize and coordinate the activities of a group of volunteers which will aggressively select and recruit businesses and industries, especially small industries, to locate their offices and facilities in Nevada.
Sec. 19. NRS 319.160 is hereby amended to read as follows:
2. The division shall develop and carry out policies to promote infill development in smart growth zones designated pursuant to section 12.5 of this act.
Sec. 20. Section 14 of this act is hereby amended to read as follows:
Sec. 14. NRS 278.160 is hereby amended to read as follows:
(a) Community design. Standards and principles governing the subdivision of land and suggestive patterns for community design and development.
(b) Conservation plan. For the conservation, development and utilization of natural resources, including water and its hydraulic force, underground water, water supply, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals and other natural resources. The plan must also cover the reclamation of land and waters, flood control, prevention and control of the pollution of streams and other waters, regulation of the use of land in stream channels and other areas required for the accomplishment of the conservation plan, prevention, control and correction of the erosion of soils through proper clearing, grading and landscaping, beaches and shores, and protection of watersheds. The plan must also indicate the maximum tolerable level of air pollution.
(c) Economic plan. Showing recommended schedules for the allocation and expenditure of public money in order to provide for the economical and timely execution of the various components of the plan.
(d) Historical properties preservation plan. An inventory of significant historical, archaeological and architectural properties as defined by a city, county or region, and a statement of methods to encourage the preservation of those properties.
(e) Housing plan. The housing plan must include, but is not limited to:
(1) An inventory of housing conditions, needs and plans and procedures for improving housing standards and for providing adequate housing.
(2) An inventory of affordable housing in the community.
(3) An analysis of the demographic characteristics of the community.
(4) A determination of the present and prospective need for affordable housing in the community.
(5) An analysis of any impediments to the development of affordable housing and the development of policies to mitigate those impediments.
(6) An analysis of the characteristics of the land that is the most appropriate for the construction of affordable housing.
(7) An analysis of the needs and appropriate methods for the construction of affordable housing or the conversion or rehabilitation of existing housing to affordable housing.
(8) A plan for maintaining and developing affordable housing to meet the housing needs of the community.
(f) Land use plan. An inventory and classification of types of natural land and of existing land cover and uses, and comprehensive plans for the most desirable utilization of land. The land use plan [may] :
(1) Must show each smart growth zone that has been designated pursuant to section 12.5 of this act;
(2) Must identify policies that would assist in promoting infill development in such zones; and
(3) May include a provision concerning the acquisition and use of land that is under federal management within the city, county or region, including, without limitation, a plan or statement of policy prepared pursuant to NRS 321.7355.
(g) Population plan. An estimate of the total population which the natural resources of the city, county or region will support on a continuing basis without unreasonable impairment.
(h) Public buildings. Showing locations and arrangement of civic centers and all other public buildings, including the architecture thereof and the landscape treatment of the grounds thereof.
(i) Public services and facilities. Showing general plans for sewage, drainage and utilities, and rights of way, easements and facilities therefor, including any utility projects required to be reported pursuant to NRS 278.145.
(j) Recreation plan. Showing a comprehensive system of recreation areas, including natural reservations, parks, parkways, reserved riverbank strips, beaches, playgrounds and other recreation areas, including, when practicable, the locations and proposed development thereof.
(k) Rural neighborhoods preservation plan. In any county whose population is 400,000 or more, showing general plans to preserve the character and density of rural neighborhoods.
(l) Safety plan. In any county whose population is 400,000 or more, identifying potential types of natural and man-made hazards, including hazards from floods, landslides or fires, or resulting from the manufacture, storage, transfer or use of bulk quantities of hazardous materials. The plan may set forth policies for avoiding or minimizing the risks from those hazards.
(m) Seismic safety plan. Consisting of an identification and appraisal of seismic hazards such as susceptibility to surface ruptures from faulting, to ground shaking or to ground failures.
(n) Solid waste disposal plan. Showing general plans for the disposal of solid waste.
(o) Streets and highways plan. Showing the general locations and widths of a comprehensive system of major traffic thoroughfares and other traffic ways and of streets and the recommended treatment thereof, building line setbacks, and a system of naming or numbering streets and numbering houses, with recommendations concerning proposed changes.
(p) Transit plan. Showing a proposed system of transit lines, including rapid transit, streetcar, motorcoach and trolley coach lines and related facilities.
(q) Transportation plan. Showing a comprehensive transportation system, including locations of rights of way, terminals, viaducts and grade separations. The plan may also include port, harbor, aviation and related facilities.
2. The commission may prepare and adopt, as part of the master plan, other and additional plans and reports dealing with such other subjects as may in its judgment relate to the physical development of the city, county or region, and nothing contained in NRS 278.010 to 278.630, inclusive, prohibits the preparation and adoption of any such subject as a part of the master plan.
Sec. 21. Section 3 of Senate Bill No. 121 of this session is hereby amended to read as follows:
Sec. 3. NRS 278.260 is hereby amended to read as follows:
278.260 1. The governing body shall provide for the manner in which zoning regulations and restrictions and the boundaries of zoning districts are determined, established, enforced and amended.
2. A zoning regulation, restriction or boundary must strictly conform to the master plan and must not become effective until after a public hearing at which parties in interest and other persons have an opportunity to be heard. The governing body shall cause notice of the time and place of the hearing to be:
(a) Published in an official newspaper, or a newspaper of general circulation, in the city, county or region; and
(b) Mailed to each tenant of a mobile home park if that park is located within 300 feet of the property in question,
at least 10 days before the hearing.
3. If the proposed amendment involves a change in the boundary of a zoning district in a county whose population is less than 400,000, the governing body shall, to the extent this notice does not duplicate the notice required by subsection 2, cause a notice to be sent at least 10 days before the hearing to:
(a) The applicant;
(b) Each owner, as listed on the county assessor’s records, of real property located within 300 feet of the portion of the boundary being changed;
(c) Each owner, as listed on the county assessor’s records, of at least 30 parcels nearest to the portion of the boundary being changed, to the extent this notice does not duplicate the notice given pursuant to paragraph (b); and
(d) Any advisory board which has been established for the affected area by the governing body.
The notice must be sent by mail or, if requested by a party to whom notice must be provided pursuant to paragraphs (a) to (d), inclusive, by electronic means if receipt of such an electronic notice can be verified, and bewritten in language which is easy to understand. The notice must set forth the time, place and purpose of the hearing and a physical description of, or a map detailing, the proposed change[.] , must indicate the existing zoning designation, and the proposed zoning designation, of the property in question, and must contain a brief summary of the intent of the proposed change.
4. If the proposed amendment involves a change in the boundary of a zoning district in a county whose population is 400,000 or more, the governing body shall, to the extent this notice does not duplicate the notice required by subsection 2, cause a notice to be sent at least 10 days before the hearing to:
(a) The applicant;
(b) Each owner, as listed on the county assessor’s records, of real property located within 500 feet from the portion of the boundary being changed;
(c) Each owner, as listed on the county assessor’s records, of at least 30 parcels nearest to the portion of the boundary being changed, to the extent this notice does not duplicate the notice given pursuant to paragraph (b); and
(d) Any advisory board which has been established for the affected area by the governing body.
The notice must be sent by mail or, if requested by a party to whom notice must be provided pursuant to paragraphs (a) to (d), inclusive, by electronic means if receipt of such an electronic notice can be verified and bewritten in language which is easy to understand. The noticemust set forth the time, place and purpose of the hearing and a physical description of, or a map detailing, the proposed change[.] , must indicate the existing zoning designation, and the proposed zoning designation, of the property in question, and must contain a brief summary of the intent of the proposed change.
5. The exterior of the notice mailed pursuant to subsection 4 must bear a statement in at least 10-point bold type or fontin substantially the following form:
OFFICIAL NOTICE OF PUBLIC HEARING
6. In addition to sending the notice required pursuant to subsection 4, in a county whose population is 400,000 or more, the governing body shall, not later than 10 days before the hearing, erect or cause to be erected on the property, at least one sign not less than 2 feet high and 2 feet wide. The sign must be made of material reasonably calculated to withstand the elements for 40 days. The governing body must be consistent in its use of colors for the background and lettering of the sign. The sign must include the following information:
(a) The existing zoning designation of the property in question;
(b) The proposed zoning designation of the property in question;
(c) The date, time and place of the public hearing;
(d) A telephone number which may be used by interested persons to obtain additional information; and
(e) A statement which indicates whether the proposed zoning designation of the property in question complies with the requirements of the master plan of the city or county in which the property is located.
7. A sign required pursuant to subsection 6 is for informational purposes only, and must be erected regardless of any local ordinance regarding the size, placement or composition of signs to the contrary.
8. A governing body may charge an additional fee for each application to amend an existing zoning regulation, restriction or boundary to cover the actual costs resulting from the mailed notice required by this section and the erection of not more than one of the signs required by subsection 6, if any. The additional fee is not subject to the limitation imposed by NRS 354.5989.
9. The governing body shall remove or cause to be removed any sign required by subsection 6 within 5 days after the final hearing for the application for which the sign was erected. There must be no additional charge to the applicant for such removal.
Sec. 22. On or before January 1, 2001:
1. The governing body of a county whose population is 100,000 or more shall designate initial smart growth zones as required pursuant to subsection 1 of section 12.5 of this act.
2. The commission on economic development shall amend the state plan for industrial development and diversification to include a provision that promotes infill development in smart growth zones as required pursuant to NRS 231.067, as amended by section 18 of this act.
3. The housing division of the department of business and industry shall develop the policies to promote infill development in smart growth zones as required pursuant to subsection 2 of NRS 319.160, as amended by section 19 of this act.”.
Amend sec. 16, page 7, by deleting line 37 and inserting:
“Sec. 23. 1. This section and sections 1, 2, 3, 4, 5, 6, 7 to 12, inclusive, 13, 14 and 15 of this act become effective on October 1, 1999.
2. Sections 3.5, 6.5, 12.5, 13.7, 14.3 and 18 to 20, inclusive, and 22 of this act become effective on October 1, 1999, for the purposes of preparations relating to the designation of smart growth zones pursuant to subsection 1 of section 12.5 of this act, the amendment of the state plan for industrial development and diversification pursuant to section 18 of this act and the development of policies to promote infill development pursuant to section 19 of this act and on January 1, 2001, for all other purposes.
3. Section 16 of this act becomes effective at 12:01 a.m. on October 1, 1999.
4. Sections 17 and 21 of this act become effective at 12:02 a.m. on October 1, 1999.
5. Section 13.3 of this act becomes effective on January 1, 2000, for the purposes of the compilation of the registry required pursuant to subsection 3 of NRS 278.021 as amended by section 13.3 of this act and on October 1, 1999, for all other purposes.
6. Section 14.7 of this act becomes effective on January 1, 2000.
7. The provisions of section 8 of this act expire by limitation on June 1, 2004.”.
Amend the title of the bill to read as follows:
“AN ACT relating to land use planning; providing for the establishment of provisions to preserve the rural character and density of certain areas in larger counties; providing for a governing body to establish an analysis of the cost to construct infrastructure in certain areas; authorizing the governing body to enter into agreements to carry out the plan for the development of infrastructure in certain areas; requiring certain governing bodies adopting any part of the master plan to adopt a land use plan; establishing provisions to promote infill development in smart growth zones; revising the limitation on local control over the location of housing for persons with disabilities; requiring the health division of the department of human resources to maintain a registry of residential facilities for groups; limiting the number of annual amendments to the land use plan of the master plan in certain circumstances; providing that zoning regulations, restrictions and boundaries adopted by a governing body must strictly conform to the master plan; revising provisions governing applications for special use permits with regard to property located within certain unincorporated towns; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Makes various changes concerning land use planning. (BDR 22‑1197).”.
Amendment No. 1110.
Amend sec. 13.3, page 5, by deleting lines 22 through 37 and inserting:
“(a) Residential facility for groups.
(b) Home for individual residential care.”.
Amend sec. 13.3, page 6, by deleting lines 26 through 29 and inserting: “If, on or after October 1, 1999, a subsequent application is submitted to operate an additional residential facility for groups at a location that is within 660 feet from an existing residential facility for”.
Amend sec. 13.3, page 6, by deleting lines 40 through 43 and inserting:
“5. The governing body of a county or city shall not require a special use permit for a residential facility for groups.”.
Senator O’Connell moved that the Senate do not concur in the Assembly amendments to Senate Bill No. 391.
Remarks by Senator O’Connell.
Motion carried.
Bill ordered transmitted to the Assembly.
Senate Bill No. 475.
The following Assembly amendments were read:
Amendment No. 992.
Amend sec. 37, page 28, line 20, by deleting “12” and inserting “13”.
Amend sec. 37, page 29, between lines 2 and 3, by inserting:
“(m) One member appointed by the Nevada Contractors Association.”.
Amendment No. 1098.
Amend sec. 8, page 6, line 34, after “5.” by inserting: “A contract awarded pursuant to this section must specify:
(a) An amount that is the maximum amount that the public body will pay for the performance of all the work required by the contract;
(b) An amount that is the maximum amount that the public body will pay for the performance of the professional services required by the contract; and
(c) A date by which performance of the work required by the contract must be completed.
6.”.
Amend sec. 27, page 24, line 17, after “5.” by inserting: “A contract awarded pursuant to this section must specify:
(a) An amount that is the maximum amount that the department will pay for the performance of all the work required by the contract, excluding any amount related to costs that may be incurred as a result of unexpected conditions or occurrences that arise during construction and are authorized by the contract;
(b) An amount that is the maximum amount that the department will pay for the performance of the professional services required by the contract; and
(c) A date by which performance of the work required by the contract must be completed.
6.”.
Amend sec. 37, page 28, line 20, by deleting “13” and inserting “16”.
Amend sec. 37, page 29, between lines 3 and 4, by inserting:
“(n) One member appointed by the Board of County Commissioners of Washoe County.
(o) One member appointed by the governing body of the City of Reno.
(p) One member appointed by the governing body of the City of Sparks.”.
Senator O’Connell moved that the Senate do not concur in the Assembly amendment to Senate Bill No. 475.
Remarks by Senator O’Connell.
Motion carried.
Bill ordered transmitted to the Assembly.
Senate Bill No. 478.
The following Assembly amendment was read:
Amendment No. 1019.
Amend the bill as a whole by adding a new section designated sec. 3.5, following sec. 3, to read as follows:
“Sec. 3.5. “Vexatious” means lacking justification and intended to harass.”.
Amend sec. 5, page 2, line 2, by deleting: “and commission counsel”.
Amend sec. 5, page 2, by deleting lines 7 through 9 and inserting:
“3. The executive director is in the”.
Amend sec. 5, page 2, by deleting lines 11 and 12 and inserting:
“4. The executive director shall devote his entire time and”.
Amend sec. 5, page 2, line 15, by deleting “their” and inserting “his”.
Amend sec. 5, page 2, by deleting line 16 and inserting:
“5. The executive director may not:”.
Amend sec. 6, page 2, lines 26 and 27, by deleting: “281.511, 294A.345 or 294A.346.” and inserting “281.511.”.
Amend sec. 9, page 4, lines 24 and 25, by deleting: “2, 3 and 4” and inserting: “2 to 4, inclusive,”.
Amend sec. 11,
page 5, lines 18 and 19, by deleting: “294A.345 or 294A.346,” and inserting: “[294A.345
or 294A.346,]”.
Amend sec. 12, page 5, lines 36 and 37, by deleting: “of:
(a) This” and
inserting: “of [:
(a) This]
this”.
Amend sec.
12, page 5, line 39, by deleting “(1)”
and inserting “[(1)]
(a)”.
Amend sec. 12, pages 5 and 6, by deleting lines 40 through 43 on page 5 and lines 1 and 2 on page 6, and inserting:
“[(2)
A determination of the commission on its]
(b) The commission’s own motion. [ that there is just and sufficient cause to render an opinion concerning the conduct of that public officer or employee or former public officer or employee.
(b) NRS 294A.345 or 294A.346 in any proceeding commenced by the filing of a request for an opinion pursuant thereto.]”.
Amend sec. 12,
page 6, line 3, by deleting: “of paragraph (a)” and inserting: “[of
paragraph (a)]”.
Amend sec. 13, page 6, by deleting lines 13 and 14 and inserting:
“1. Adopt procedural regulations [to]
:
(a) To facilitate the receipt of inquiries by the commission;
(b) For the filing of a request for an opinion with the commission;
(c) For the withdrawal of a request for an opinion by the person who filed the request; and
(d)
To facilitate the prompt rendition of [its opinions.]
opinions by the commission.”.
Amend sec. 13, page 6, line 17, by deleting: “and public employees”.
Amend sec. 14, page 7, by deleting line 40 and inserting:
“[4.
Except as otherwise provided in this
subsection, upon]
6. Upon such a”.
Amend sec. 14,
page 8, by deleting lines 2 through 6 and inserting: “papers before the
commission. [If
the witness has been subpoenaed by the commission in response to a request for
an opinion filed pursuant to NRS 294A.345 or 294A.346, the court shall direct
the witness to appear before the court as expeditiously as possible to allow
the commission to render its opinion within the time required by NRS 281.477.]
A certified copy of the”.
Amend the bill as a whole by adding a new section designated sec. 14.5, following sec. 14, to read as follows:
“Sec. 14.5. NRS 281.481 is hereby amended to read as follows:
1. A public officer or employee shall not seek or accept any gift, service, favor, employment, engagement, emolument or economic opportunity which would tend improperly to influence a reasonable person in his position to depart from the faithful and impartial discharge of his public duties.
2. A public officer or employee shall not use his position in government to secure or grant unwarranted privileges, preferences, exemptions or advantages for himself, any member of his household, any business entity in which he has a significant pecuniary interest, or any other person. As used in this subsection, “unwarranted” means without justification or adequate reason.
3. A public officer or employee shall not participate as an agent of government in the negotiation or execution of a contract between the government and any private business in which he has a significant pecuniary interest.
4. A public officer or employee shall not accept any salary, retainer, augmentation, expense allowance or other compensation from any private source for the performance of his duties as a public officer or employee.
5. If a public officer or employee acquires, through his public duties or relationships, any information which by law or practice is not at the time available to people generally, he shall not use the information to further the pecuniary interests of himself or any other person or business entity.
6. A public officer or employee shall not suppress any governmental report or other document because it might tend to affect unfavorably his pecuniary interests.
7. A public officer or employee, other than a member of the legislature, shall not use governmental time, property, equipment or other facility to benefit his personal or financial interest. This subsection does not prohibit:
(a) A limited use of governmental property, equipment or other facility for personal purposes if:
(1) The public officer who is responsible for and has authority to authorize the use of such property, equipment or other facility has established a policy allowing the use or the use is necessary as a result of emergency circumstances;
(2) The use does not interfere with the performance of his public duties;
(3) The cost or value related to the use is nominal; and
(4) The use does not create the appearance of impropriety;
(b) The use of mailing lists, computer data or other information lawfully obtained from a governmental agency which is available to members of the general public for nongovernmental purposes; or
(c) The use of telephones or other means of communication if there is not a special charge for that use.
If a governmental agency incurs a cost as a result of a use that is authorized pursuant to this subsection or would ordinarily charge a member of the general public for the use, the public officer or employee shall promptly reimburse the cost or pay the charge to the governmental agency.
8. A member of the legislature shall not:
(a) Use governmental time, property, equipment or other facility for a nongovernmental purpose or for the private benefit of himself or any other person. This paragraph does not prohibit:
(1) A limited use of state property and resources for personal purposes if:
(I) The use does not interfere with the performance of his public duties;
(II) The cost or value related to the use is nominal; and
(III) The use does not create the appearance of impropriety;
(2) The use of mailing lists, computer data or other information lawfully obtained from a governmental agency which is available to members of the general public for nongovernmental purposes; or
(3) The use of telephones or other means of communication if there is not a special charge for that use.
(b) Require or authorize a legislative employee, while on duty, to perform personal services or assist in a private activity, except:
(1) In unusual and infrequent situations where the employee’s service is reasonably necessary to permit the legislator or legislative employee to perform his official duties; or
(2) Where such service has otherwise been established as legislative policy.
9. A public officer or employee shall not attempt to benefit his personal or financial interest through the influence of a subordinate.
10. A public officer or employee shall not seek other employment or contracts through the use of his official position.”.
Amend sec. 15, page 9, by deleting lines 25 and 26 and inserting: “committee.”.
Amend sec. 15, pages 9 and 10, by deleting lines 40 through 42 on page 9 and lines 1 through 12 on page 10.
Amend sec. 16,
page 11, by deleting lines 2 and 3 and inserting: “a vexatious purpose .
[or
in connection with a request for an opinion that the commission determines to
be without merit.]”.
Amend the bill as a whole by adding a new section designated sec. 16.5, following sec. 16, to read as follows:
“Sec. 16.5. NRS 281.521 is hereby amended to read as follows:
(a) A conflict exists between his personal interest and his official duty.
(b) His official duties involve the use of discretionary judgment whose exercise in the particular matter would have a significant effect upon the disposition of the matter.
(c) The conflict would materially affect the independence of the judgment of a reasonable person in his situation.
(d) He possesses special knowledge which is an indispensable asset of his public agency and is needed by it to reach a sound decision.
(e) It would be appropriate for him to withdraw or abstain from participation, disclose the nature of his conflicting personal interest or pursue some other designated course of action in the matter.
2. [Except as otherwise provided in NRS 281.477, 294A.345 and 294A.346, the] The commission’s opinions may not include guidance to a public officer or employee on questions regarding the provisions of chapter 294A of NRS.”.
Amend sec. 17,
page 14, line 25, by deleting: “[attorney general]
commission counsel” and inserting: “attorney general shall
assign an attorney employed by the office of the attorney general to serve as
commission counsel. The commission counsel”.
Amend sec. 17,
page 14, line 26, by deleting: “For each opinion [he] ,”
and inserting: “The commission counsel shall devote his entire time and
attention to the business of the commission and shall not pursue any other
business or occupation or hold any other office of profit that detracts from
the full and timely performance of his duties. Any opinion rendered by the
office of the attorney general regarding the Nevada Ethics in Government Law,
NRS 281.411 to 281.581, inclusive, must be rendered by the commission counsel
subject to the review of the commission. For each opinion [he]
of the commission,”.
Amend sec. 18, page 15, by deleting lines 23 through 31 and inserting:
“4. [Except as otherwise
provided in this subsection, and in addition to any other penalty provided by
law, the commission may impose on any person who violates any provision of NRS
294A.345 or 294A.346 a civil penalty not to exceed $10,000. If the commission
finds that a violation of NRS 294A.345 or 294A.346 occurred within 10 days
before an election, including any recall or special election, the commission
may impose on the person who committed such a violation a civil penalty not to
exceed $30,000.
5.] If the commission finds that [a]
:”.
Amend sec. 18,
page 15, line 37, before “(b)” by inserting “[6.]”.
Amend sec. 18, page 16, line 1, by deleting “6.” and inserting “5.”.
Amend sec. 18,
page 16, by deleting lines 12 and 13 and inserting: “by the commission.
[to
the public officer or employee.
7.]
6. In addition to
other penalties provided by law, a public employee”.
Amend sec. 18,
page 16, line 18, by deleting “8.” and inserting “[8.]
7.”.
Amend sec. 18, page 16, by deleting line 21 and inserting: “employees.
[9.]
If the commission finds that a public officer or employee has”.
Amend sec. 18, page 16, by deleting lines 27 and 28 and inserting:
“8. The imposition of a civil penalty
pursuant to [subsections
1 to 4, inclusive,] subsection 1, 2 or 3 is a final
decision for the purposes of judicial review.”.
Amend sec. 18,
page 16, line 29, by deleting “10.” and inserting “[10.]
9.”.
Amend sec. 18, page 17, line 5, by deleting “11.” and inserting “10.”.
Amend sec. 19, page 18, by deleting lines 2 through 5 and inserting: “this section is guilty of a gross misdemeanor and, upon conviction, forfeits the amount of the honorarium.”.
Amend sec. 19.5, page 18, by deleting lines 7 and 8 and inserting:
“281.581 1. A candidate or public”.
Amend sec. 19.5,
page 18, line 13, by deleting “[1.]
(a)” and inserting “(a)”.
Amend sec. 19.5,
page 18, line 15, by deleting “[2.]
(b)” and inserting “(b)”.
Amend sec. 19.5,
page 18, line 18, by deleting “[3.]
(c)” and inserting “(c)”.
Amend sec. 19.5,
page 18, line 19, by deleting “[The]”.
Amend sec. 19.5, page 18, by deleting line 20 and inserting:
“2. The commission may, for good cause shown, waive or reduce the civil penalty.
3. The civil penalty must be recovered”.
Amend sec. 19.5, page 18, by deleting lines 24 and 25 and inserting:
“4. If the”.
Amend sec. 19.5, page 18, line 26, by deleting “this subsection,” and inserting “subsection 2,”.
Amend the bill as a whole by deleting sections 22 and 23 and adding new sections designated sections 22 and 23, following sec. 21, to read as follows:
“Sec. 22. NRS 218.926 is hereby amended to read as follows:
218.926 1. Each registrant shall file with the director within 30 days after the close of the legislative session a final report signed under penalty of perjury concerning his lobbying activities. In addition, each registrant shall file with the director between the 1st and 10th day of the month after each month that the legislature is in session a report concerning his lobbying activities during the previous month, whether or not any expenditures were made. Each report must be on a form prescribed by the director and must include the total of all expenditures, if any, made by the registrant on behalf of the governor, a legislator or an organization whose primary purpose is to provide support for legislators of a particular political party and house, including expenditures made by others on behalf of the registrant if the expenditures were made with the registrant’s express or implied consent or were ratified by the registrant. Except as otherwise provided in subsection 4, the report must identify each legislator and each organization whose primary purpose is to provide support for legislators of a particular political party and house on whose behalf expenditures were made, must identify the governor if expenditures were made on behalf of the governor, and must be itemized with respect to each such legislator and organization[.] and, if applicable, the governor. An expenditure on behalf of a person other than the governor, a legislator or an organization whose primary purpose is to provide support for legislators of a particular political party and house need not be reported pursuant to this section unless the expenditure is made for the benefit of the governor, a legislator or such an organization.
2. If expenditures made by or on behalf of a registrant during the previous month exceed $50, the report must include a compilation of expenditures, itemized in the manner required by the regulations of the legislative commission, in the following categories:
(a) Entertainment;
(b) Expenditures made in connection with a party or similar event hosted by the organization represented by the registrant;
(c) Gifts and loans, including money, services and anything of value provided to the governor, to a legislator, to an organization whose primary purpose is to provide support for legislators of a particular political party and house, or to any other person for the benefit of the governor, a legislator or such an organization; and
(d) Other expenditures directly associated with legislative action, not including personal expenditures for food, lodging and travel expenses or membership dues.
3. The legislative commission may authorize an audit or investigation by the legislative auditor that is proper and necessary to verify compliance with the provisions of this section. A lobbyist shall make available to the legislative auditor all books, accounts, claims, reports, vouchers and other records requested by the legislative auditor in connection with any such audit or investigation. The legislative auditor shall confine his requests for such records to those which specifically relate to the lobbyist’s compliance with the reporting requirements of this section.
4. A report filed pursuant to this section must not itemize with respect to the governor and each legislator an expenditure if the expenditure is the cost of a function to which every legislator was invited. For the purposes of this subsection, “function” means a party, meal or other social event.
Sec. 23. NRS 294A.410 is hereby amended to read as follows:
(a) Conduct an investigation concerning the alleged violation and cause the appropriate proceedings to be instituted and prosecuted in the first judicial district court; or
(b) Refer the alleged violation to the attorney general. The attorney general shall investigate the alleged violation and institute and prosecute the appropriate proceedings in the first judicial district court without delay.
2. A person who believes that any provision of this chapter has been violated may notify the secretary of state, in writing, of the alleged violation. The notice must be signed by the person alleging the violation and include any information in support of the alleged violation.”.
Amend the bill as a whole by renumbering sec. 25 as sec. 26 and adding a new section designated sec. 25, following sec. 24, to read as follows:
“Sec. 25. NRS 281.477, 294A.345 and 294A.346 are hereby repealed.”.
Amend sec. 25, page 22, line 11, by deleting “1999.” and inserting: “1999, or to the jurisdiction, duties, powers or proceedings of the commission on ethics relating to such conduct.”.
Amend the bill as a whole by adding a new section designated sec. 27, and the text of the repealed sections, following sec. 25, to read as follows:
“Sec. 27. Section 19.5 of this act becomes effective at 12:01 a.m. on October 1, 1999.
TEXT OF REPEALED SECTIONS
281.477 Public hearing on request for opinion as to whether person committed act to impede success of political campaign: Request; notice; response; continuance; actions of commission; judicial review of final opinion.
1. If a request for an opinion is filed with the commission pursuant to NRS 294A.345 or 294A.346, the commission shall conduct a public hearing on the request. Except as otherwise provided in subsection 6, the hearing must be held as expeditiously as possible, but not later than 15 days after the receipt of the request for the opinion.
2. Such a request must be accompanied by all evidence and arguments to be offered by the requester concerning the issues related to the request. Except as otherwise provided in this subsection, if such evidence and arguments are not submitted with the request, the commission may:
(a) Draw any conclusions it deems appropriate from the failure of the person or group of persons requesting the opinion to submit the evidence and arguments, other than a conclusion that a person alleged to have violated NRS 294A.345 acted with actual malice; and
(b) Decline to render an opinion.
The provisions of this subsection do not prohibit the commission from considering evidence or arguments presented by the requester after submission of the request for an opinion if the commission determines that consideration of such evidence or arguments is in the interest of justice.
3. The commission shall immediately notify any person alleged to have violated NRS 294A.345 or 294A.346 that such an opinion has been requested by the most expedient means possible. If notice is given orally by telephone or in any other manner, a second notice must be given in writing no later than the next calendar day by facsimile machine or overnight mail. The notice must include the time and place of the commission’s hearing on the matter.
4. A person notified pursuant to subsection 3 shall submit a response to the commission no later than at the close of business on the second business day following the receipt of the notice. The response must be accompanied by any evidence concerning the issues related to the request that the person has in his possession or may obtain without undue financial hardship. Except as otherwise provided in this subsection, if such evidence is not submitted within that time, the commission may:
(a) Draw any conclusions it deems appropriate from the failure of that person to submit the evidence and argument; and
(b) Prohibit that person from responding and presenting evidence at the hearing.
The provisions of this subsection do not prohibit the commission from allowing that person to respond and present evidence or arguments, or both, after the close of business on the second business day if the commission determines that consideration of such evidence or arguments is in the interest of justice.
5. Except as otherwise provided in subsection 4, the commission shall allow any person alleged to have violated NRS 294A.345 or 294A.346 to:
(a) Be represented by counsel; and
(b) Hear the evidence presented to the commission and respond and present evidence on his own behalf.
6. At the request of:
(a) The person or group of persons that filed the request for the opinion pursuant to NRS 294A.345 or 294A.346; or
(b) The person alleged to have violated the provisions of NRS 294A.345 or 294A.346,
the commission may grant a continuance of a hearing held pursuant to the provisions of this section upon a showing of the existence of extraordinary circumstances that would prohibit the commission from rendering a fair and impartial opinion. A continuance may be granted for not more than 15 days. Not more than one continuance may be granted by the commission pursuant to this subsection.
7. The person or group of persons that filed the request for the opinion pursuant to NRS 294A.345 or 294A.346 has the burden of proving the elements of the offense, including that a person alleged to have violated NRS 294A.345 acted with actual malice. The existence of actual malice may not be presumed. A final opinion of the commission rendered pursuant to this section must be supported by clear and convincing evidence.
8. The commission shall render its opinion, or decline to render an opinion, as expeditiously as possible, but not later than 3 days after the date of the hearing. If additional time is required to determine the state of mind or the intent of the person alleged to have violated the provisions of NRS 294A.345 or 294A.346 or to determine the amount of any civil penalty that may be imposed pursuant to NRS 281.551, the commission may continue its jurisdiction to investigate those issues but shall render its opinion as to the truth or falsity of the statement made concerning the candidate or the ballot question or its opinion as to whether the person impeded the success of the campaign or induced another person to impede the success of the campaign. If the commission continues its jurisdiction pursuant to this subsection, it may render a final opinion after the time set forth in this subsection.
9. A final opinion of the commission rendered pursuant to this section is subject to judicial review pursuant to NRS 233B.130. The district court shall give a petition for judicial review of a final opinion of the commission priority over other civil matters that are not expressly given priority by law. Notwithstanding the provisions of NRS 233B.130, the court may provide for such expedited review of the final opinion, including shortened periods for filing documents, as it deems appropriate for the circumstances.
10. Each request for an opinion filed pursuant to NRS 294A.345 or 294A.346, each opinion rendered by the commission pursuant thereto and any motion, evidence or record of a hearing relating to the request are public and must be open to inspection pursuant to NRS 239.010.
11. For the purposes of NRS 41.032, the members of the commission and its employees shall be deemed to be exercising or performing a discretionary function or duty when taking any action related to the rendering of an opinion pursuant to this section.
12. Except as otherwise provided in this section, a meeting or hearing held by the commission to carry out the provisions of this section and the commission’s deliberations on the information or evidence are not subject to any provision of chapter 241 of NRS.
294A.345 Causing publication of certain false statements of fact concerning candidate or ballot question during campaign prohibited; civil penalty imposed by commission on ethics.
1. A person shall not, with actual malice and the intent to impede the success of the campaign of a candidate, cause to be published a false statement of fact concerning the candidate, including, without limitation, statements concerning:
(a) The education or training of the candidate.
(b) The profession or occupation of the candidate.
(c) Whether the candidate committed, was indicted for committing or was convicted of committing a felony or other crime involving moral turpitude, dishonesty or corruption.
(d) Whether the candidate has received treatment for a mental illness.
(e) Whether the candidate was disciplined while serving in the military or was dishonorably discharged from service in the military.
(f) Whether another person endorses or opposes the candidate.
(g) The record of voting of a candidate if he formerly served or currently serves as a public officer.
2. A person shall not, with actual malice and the intent to impede the success of a campaign for the passage or defeat of a question on the ballot at any election, including any recall or special election, cause to be published a false statement of fact concerning the question on the ballot.
3. Any candidate who alleges that a false statement of fact concerning the candidate has been published in violation of subsection 1, and any person or group of persons that advocates the passage or defeat of a question on the ballot at any election, is required to file a report pursuant to NRS 294A.150, and alleges that a false statement of fact has been published in violation of subsection 2, may file a request for an opinion with the commission on ethics pursuant to NRS 281.411 to 281.581, inclusive, and NRS 281.477. The commission shall give priority to such a request over all other matters pending with the commission.
4. A person who violates the provisions of this section is subject to a civil penalty that may be imposed by the commission on ethics pursuant to NRS 281.551.
5. As used in this section:
(a) “Actual malice” means knowledge of the falsity of a statement or reckless disregard for whether a statement is true or false.
(b) “Publish” means the act of printing, posting, broadcasting, mailing, speaking or otherwise disseminating.
294A.346 Impeding success or inducing another to impede success of campaign of candidate or for ballot question prohibited; civil penalty imposed by commission on ethics.
1. An employee, agent or volunteer of the campaign of a candidate shall not willfully perform any act in the course of his employment, agency or volunteering that impedes the success of that campaign.
2. A person shall not willfully, to impede the success of the campaign of a candidate, offer or give an item of value to:
(a) A person to induce him to obtain a position as an employee, agent or volunteer for that campaign and perform any act in the course of his employment, agency or volunteering to impede the success of that campaign; or
(b) An employee, agent or volunteer for that campaign to induce him to perform any act in the course of his employment, agency or volunteering to impede the success of that campaign.
3. An employee, agent or volunteer of a campaign for the passage or defeat of a question on the ballot at any election, including any recall or special election, shall not willfully perform any act in the course of his employment, agency or volunteering that impedes the success of that campaign.
4. A person shall not willfully, to impede the success of a campaign for the passage or defeat of a question on the ballot at any election, including any recall or special election, offer or give an item of value to:
(a) A person to induce him to obtain a position as an employee, agent or volunteer for that campaign and perform any act in the course of his employment, agency or volunteering to impede the success of that campaign; or
(b) An employee, agent or volunteer for that campaign to induce him to perform any act in the course of his employment, agency or volunteering to impede the success of that campaign.
5. Any candidate who alleges that a person has violated the provisions of subsection 1 or 2, and any person or group of persons that advocates the passage or defeat of a question on the ballot at any election, is required to file a report pursuant to NRS 294A.150, and alleges that a person has violated the provisions of subsection 3 or 4, may file a request for an opinion with the commission on ethics pursuant to NRS 281.411 to 281.581, inclusive, and 281.477. The commission shall give priority to such a request over all matters pending with the commission.
6. A person who violates the provisions of this section is subject to a civil penalty that may be imposed by the commission on ethics pursuant to NRS 281.551.”.
Amend the title of the bill by deleting the second line and inserting: “director and providing his duties; requiring the attorney general to assign a commission counsel to the commission and providing his duties; requiring lobbyists to report expenditures on behalf of the governor; repealing the provision prohibiting a person from making a false statement of fact concerning a candidate or a question on a ballot under certain circumstances; repealing the provision prohibiting certain persons from willfully impeding the success of the campaign of a candidate or the campaign for the passage or defeat of a question on a ballot; clarifying the intent”.
Senator O’Connell moved that the Senate do not concur in the Assembly amendment to Senate Bill No. 478.
Remarks by Senator O’Connell.
Motion carried.
Bill ordered transmitted to the Assembly.
Senate Bill No. 500.
The following Assembly amendment was read:
Amendment No. 918.
Amend sec. 4, page 1, line 10, after “and” by inserting: “an agency or”.
Amend sec. 5, page 1, line 14, by deleting “agency;” and inserting: “agency or the State of Nevada;”.
Amend the bill as a whole by adding a new section designated sec. 10.5, following sec. 10, to read as follows:
“Sec. 10.5. 1. Except as otherwise provided in subsection 2, an agency may request the state controller, in writing, to act as the collection agent for the agency. Such a request must include the circumstances in which the state controller may act as the collection agent for the agency.
2. The provisions of this section do not apply to:
(a) The department of taxation;
(b) The employment security division of the department of employment, training and rehabilitation;
(c) The Nevada gaming commission;
(d) The division of industrial relations of the department of business and industry;
(e) The department of motor vehicles and public safety; and
(f) The state industrial insurance system.”.
Amend sec. 12, page 2, by deleting line 19 and inserting:
“Sec. 12. The state controller and the”.
Amend sec. 13, page 2, line 25, by deleting: “director of the department of administration” and inserting “state controller”.
Amend sec. 23, page 7, by deleting lines 32 through 41 and inserting:
“Sec. 23. 1. If the state controller and attorney general determine that it is impractical to collect a debt, the state controller shall designate the debt as a bad debt. A debt that has been designated as a bad debt pursuant to this subsection may be removed from the records and books of account of the agency to which the debt is owed or the State of Nevada, as appropriate, except that a bad debt that is so removed remains a legal and binding obligation owed by the debtor to the agency or the State of Nevada, as appropriate.”.
Amend sec. 23, page 7, line 42, by deleting “3.” and inserting “2.”.
Amend sec. 23, page 7, line 43, by deleting “canceled” and inserting: “designated as bad debts”.
Amend sec. 23, page 8, line 3, by deleting “canceled,” and inserting: “removed from the records and books of account of the agency or the State of Nevada,”.
Amend sec. 25, page 8, by deleting lines 35 through 37 and inserting:
(c)] Except as otherwise provided in subsection 3, withhold from the”.
Amend sec. 25, page 8, line 41, by deleting “(c)” and inserting “[(c)] (b)”.
Senator O’Connell moved that the Senate do not concur in the Assembly amendment to Senate Bill No. 500.
Remarks by Senator O’Connell.
Motion carried.
Bill ordered transmitted to the Assembly.
Senate Bill No. 530.
The following Assembly amendment was read:
Amendment No. 897.
Amend sec. 7, page 2, line 16, by deleting “board,” and inserting “body,”.
Amend sec. 7, page 2, line 22, by deleting: “each fiscal year of”.
Amend sec. 8, page 2, line 32, by deleting “2,” and inserting “3,”.
Amend sec. 8, page 2, line 42, after “2.” by inserting: “At any time before the governing body adopts the ordinance establishing the commercial improvement district, the owner of a tract which is located within the boundaries of the proposed district and which is used exclusively for residential purposes may file with the clerk a written request that his property be excluded from the district. The request must be accompanied by a legal description of the property. Upon receipt of such a request, the clerk shall provide a copy of the request and legal description of the property to the governing body. In adopting the ordinance establishing the district, the governing body shall exclude all tracts for which it received a request for exclusion pursuant to this subsection and which it determines will not benefit from the activities or improvements that are proposed to be provided in the district.
3.”.
Amend sec. 13, page 4, line 28, after “act.” by inserting: “If the proposed modification of the district expands the territory within the boundaries of the commercial improvement district, the owner of a tract which is located within the territory proposed to be added to the district and which is used exclusively for residential purposes may request that his property be excluded in the manner set forth in subsection 2 of section 8 of this act at any time before the governing body modifies the plan by ordinance. In modifying the plan by ordinance, the governing body shall exclude all tracts for which it received a request for exclusion and which it determines will not benefit from the activities or improvements provided in the district.”.
Senator O’Connell moved that the Senate do not concur in the Assembly amendment to Senate Bill No. 530.
Remarks by Senator O’Connell.
Motion carried.
Bill ordered transmitted to the Assembly.
Recede From Senate Amendments
Senator O’Connell moved that the Senate do not recede from its action on Assembly Bill No. 615, that a conference be requested, and that Madam President appoint a first Conference Committee consisting of three members to meet with a like committee of the Assembly.
Remarks by Senator O’Connell.
Motion carried.
Appointment of Conference Committees
Madam President appointed Senators O’Donnell, Porter and Neal as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Assembly Bill No. 615.
Signing of Bills and Resolutions
There being no objections, the President and Secretary signed Assembly Bills Nos. 39, 132, 154, 158, 182, 195, 198, 239, 306, 332, 400, 424, 458, 473, 486, 530, 533, 542, 569, 604, 621, 633; Assembly Concurrent Resolution No. 71.
GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR
On request of President Hunt, the privilege of the floor of the Senate Chamber for this day was extended to Mark L. Markeson.
Senator Raggio moved that the Senate adjourn until Wednesday, May 26, 1999 at 11 a.m.
Motion carried.
Senate adjourned at 1:49 p.m.
Approved: Lorraine T. Hunt
President of the Senate
Attest: Janice L. Thomas