THE ONE HUNDRED AND FIFTEENTH DAY
Carson City(Wednesday), May 26, 1999
Senate called to order at 12:20 p.m.
President Hunt presiding.
Roll called.
All present.
Prayer by the Chaplain, the Reverend Paul J. McCollum.
(A prayer used before each session of the Second Vatican Council)
We stand before You Holy Spirit,
Conscious of our sinfulness,
But aware that we gather in Your name.
Come to us, remain with us,
And enlighten our hearts.
Give us light and strength
To know Your will,
To make it our own,
And to live it in our lives.
Guide us by Your wisdom,
Support us by Your power,
For You are God.
You desire justice for all:
Enable us to uphold the rights of others;
Do not allow us to be misled by ignorance
Or corrupted by fear or favor.
Unite us to Yourself in the bond of love
And keep us faithful to all that is true.
As we gather in Your name,
May we temper justice with love,
So that all our decisions
May be pleasing to You.
We pray in the name of God.
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 re-referred Senate Bill No. 165, 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 Bill No. 269, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also, your Committee on Finance, to which were referred Senate Bill No. 70; Assembly Bill No. 285, 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 re-referred Senate Bills Nos. 370, 491, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
William J. Raggio, Chairman
Madam President:
Your Committee on Government Affairs, to which was referred Senate Joint Resolution No. 22, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Ann O’Connell, Chairman
Madam President:
Your Committee on Human Resources and Facilities, to which was referred Assembly Joint Resolution No. 24, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also, your Committee on Human Resources and Facilities, to which was referred Assembly Concurrent Resolution No. 60, has had the same under consideration, and begs leave to report the same back with the recommendation: Be adopted.
Raymond D. Rawson, Chairman
MESSAGES FROM THE ASSEMBLY
Assembly Chamber, Carson City, May 25, 1999
To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day passed Assembly Bill No. 687.
Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bills Nos. 224, 324, 480.
Also, I have the honor to inform your honorable body that the Assembly on this day adopted Assembly Concurrent Resolution No. 15.
Also, I have the honor to inform your honorable body that the Assembly on this day concurred in the Senate Amendment No. 821 to Assembly Bill No. 14; Senate Amendment No. 820 to Assembly Bill No. 152; Senate Amendment No. 1027 to Assembly Bill No. 200; Senate Amendment No. 1081 to Assembly Bill No. 237; Senate Amendment No. 971 to Assembly Bill No. 298; Senate Amendment No. 1092 to Assembly Bill No. 347; Senate Amendment No. 1055 to Assembly Bill No. 429; Senate Amendment No. 1104 to Assembly Bill No. 470; Senate Amendment No. 1089 to Assembly Bill No. 504; Senate Amendment No. 965 to Assembly Bill No. 614; Senate Amendment No. 993 to Assembly Bill No. 628; Senate Amendment No. 933 to Assembly Bill No. 668, Senate Amendment No. 853 to Assembly Joint Resolution No. 13.
Also, I have the honor to inform your honorable body that the Assembly amended, and on this day passed, as amended, Senate Bill No. 263, Amendment No. 729; Senate Bill No. 508, Amendment No. 1132, 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 respectfully refused to concur in the Senate Amendment No. 1103 to Assembly Bill No. 527; Senate Amendment No. 876 to Assembly Bill No. 634; Senate Amendment No. 896 to Assembly Bill No. 669; Senate Amendment No. 1073 to Assembly Bill No. 680.
Also, I have the honor to inform your honorable body that the Assembly on this day respectfully refused to recede from its action on Senate Bill No. 477, Assembly Amendment No. 1062 and requests a conference, and appointed Assemblymen Anderson, Marvel and Freeman as a first Conference Committee to meet with a like committee of the Senate.
Also, I have the honor to inform your honorable body that the Assembly on this day appointed Assemblymen McClain, Claborn and Gustavson as a first Conference Committee concerning Assembly Bill No. 59.
Also, I have the honor to inform your honorable body that the Assembly on this day appointed Assemblymen Leslie, Gibbons and McClain as a first Conference Committee concerning Assembly Bill No. 238.
Also, I have the honor to inform your honorable body that the Assembly on this day appointed Assemblymen Leslie, McClain and Von Tobel as a first Conference Committee concerning Assembly Bill No. 615.
Also, I have the honor to inform your honorable body that the Assembly on this day adopted the report of the first Conference Committee concerning Senate Bill No. 30.
Susan Furlong Reil
Assistant Chief Clerk of the Assembly
Assembly Chamber, Carson City, May 26, 1999
To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day adopted Assembly Concurrent Resolution No. 73.
Susan Furlong Reil
Assistant Chief Clerk of the Assembly
MOTIONS, RESOLUTIONS AND NOTICES
Assembly Concurrent Resolution No. 73—Expressing support for the Desert Space Station, a 92,000 square foot interactive science museum that recognizes and explores Nevada’s unique spaces with exhibits and presentations.
Whereas, Americans of the 21st century will need to understand science and technology to make responsible personal, professional and civic decisions; and
Whereas, Knowledge in the fields of science and technology has exploded in the last several decades; and
Whereas, The literacy of the general public in science and technology in the United States is poor, at best; and
Whereas, Thomas Jefferson wrote that the ultimate powers of society reside with the people, and if the people are not informed enough to exercise those powers, the remedy is not to take the powers from them, but to inform them; and
Whereas, Learning is an ongoing and lifelong process that takes place both inside and outside the walls of educational institutions, and effective learning includes participation and action, “I do and I understand”; and
Whereas, Hands-on, interactive science museums have proven to be excellent places for people of all ages, levels of understanding and interests to learn science and technology by “doing”; and
Whereas, The number of science museums has tripled during the last decade, and currently there are approximately 300 science museums in the United States; and
Whereas, In the United States, science museums serve nearly 115 million people every year, including 13 million school children; and
Whereas, The Desert Space Station will be a nonprofit, 92,000-square foot, hands-on, interactive science museum where children and adults can explore and experience state-of-the-art and futuristic science and technology exhibits and presentations associated with Nevada’s unique spaces, including outer space, air space and land space; and
Whereas, The expected benefits of the Desert Space Station will be the stimulation of interest in science and technology, the enhancement of science and math education in the region, the promotion of a better understanding of the natural environment of the Mojave Desert, and an appreciation of Death Valley National Park and Ash Meadows National Wildlife Refuge; and
Whereas, Additional benefits will be a wider understanding of renewable energy opportunities and technologies, a greater knowledge of Nevada’s mineral resources and the mining of those resources, the promotion of the understanding and appreciation of past, present and future federal activities at the Nevada Test Site, the Nellis Air Force Gunnery Range and the Fallon Naval Air Station and the stimulation of economic development and diversification in rural Nevada; now, therefore, be it
Resolved by the assembly of the State of Nevada, the Senate Concurring, That the members of the 70th session of the Nevada Legislature do hereby commend the goals of the Board of Trustees for the Desert Space Station and express enthusiastic support for the Desert Space Station; and be it further
Resolved, That the Nevada Legislature anticipates that the Desert Space Station will be a “must-see” attraction in the West, a source of pride for Nevadans and a catalyst for learning by people of all ages and backgrounds; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Governor Kenny C. Guinn and the Board of Trustees for the Desert Space Station, and be it further
Resolved, That this resolution becomes effective upon passage and approval.
Senator McGinness moved the adoption of the resolution.
Remarks by Senator McGinness.
Senator McGinness requested that his remarks be entered in the Journal.
Thank you, Madam President. It is my pleasure to support this resolution. I have distributed to everyone’s desk a Desert Space Station postcard, this is not an alien plot as you may have thought, but on one side of the postcard is a picture of the space station model and on the other side is the information on the science museum. Madam President this is going to be “the” tourism location in southern Nevada they will forget about the Ballagio and Mandalay Bay, etc. We are going to be able to explore the outer air and land spaces in Nevada, and as you read a 92,000 square foot 4 level interactive discovery center. It is going to feature about 40,000 square feet of indoor space for state-of-the-art and futuristic science and technology exhibits. The IMAX Theater and Digistar planetarium, a interactive theater, observatory, an Area 51 theme restaurant, discovery store, meeting rooms, and a whole lot more. The number of science museums has tripled in the last decade in the United States. There are about 300 science museums in the United States and this one will give children and adults hands on interactive science exhibits, state-of-the-art and futuristic science and technology exhibits associated with Nevada’s unique spaces. This is also part of that high-tech corridor that we talked about in Assembly Bill No. 528 this session that runs from Tonopah to Indian Springs, this is going to be the centerpiece. It is about an hour drive from Las Vegas, and a 40-minute drive from Death Valley. The National Park Service indicates that there are 1.5 million visitors to Death Valley and by all indication they figure about 40-percent of those visitors will make the trip to this station. There is an exhibit out in the entry way just past the majority leaders offices, we understand that it will be there the rest of the session, please stop by and see it. The center will also give everyone a greater knowledge of Nevada’s mineral resources. Promote the understanding and appreciation of the past, present and future federal activities at the test sites of Nellis Air Force Gunnery Range and the Fallon Air Station and the stimulation of economic development and diversification in rural Nevada. I encourage your support.
Resolution adopted.
Senator Raggio moved that for the remainder of the session, all bills and joint resolutions reported out of committee without amendments be declared emergency measures and placed on the General File for the next legislative day.
Senator Raggio requested that his remarks be entered in the Journal.
This will eliminate second reading for those bills or resolutions with the recommendation of “Do pass” and will move the process up by one day.
Motion carried.
Senator Raggio moved that for the remainder of the session that all bills/resolutions reported out of committee with amendments be immediately placed on the second reading/resolution files, time permitting.
Senator Raggio requested that his remarks be entered in the Journal.
This will also move the process up by one day.
Motion carried.
Senator Raggio moved that for the remainder of the session, all legislation passed or adopted be immediately transmitted to the Assembly, time permitting.
Senator Raggio requested that his remarks be entered in the Journal.
This motion will move bills and messages over to the Assembly for their consideration on the same day and will speed up the process by one day.
The only suspensions we will have to do on Friday or Saturday, is to have all bills/resolutions reported out of committee with a “Do Pass” or returned from reprint be declared emergency measures and immediately placed on the appropriate files for final passage.
Motion carried.
Assembly Concurrent Resolution No. 23.
Senator Rawson moved the adoption of the resolution.
Remarks by Senator Rawson.
Resolution adopted.
Senator Raggio moved that vetoed Senate Bill No. 182 of the 70th Session be made a Special Order of Business for Wednesday, May 26, 1999 at 4:30 p.m.
Remarks by Senator Raggio.
Motion carried.
Senator Rawson moved that the Senate recess subject to the call of the Chair.
Motion carried.
Senate in recess at 12:38 p.m.
SENATE IN SESSION
At 1:10 p.m.
President Hunt presiding.
Quorum present.
INTRODUCTION, FIRST READING AND REFERENCE
By the Committee on Finance:
Senate Bill No. 550—AN ACT relating to public financial administration; creating the division of internal audits of the department of administration and the executive branch audit committee; providing the powers and duties of the new division and committee; making an appropriation; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.
UNFINISHED BUSINESS
Consideration of Assembly Amendments
Senate Bill No. 31.
The following Assembly amendment was read:
Amendment No. 867.
Amend section 1, page 1, by deleting lines 6 and 7 and inserting:
“[Third] Martin Luther King, Jr.’s birthday is on January 15 but is to be observed on the third Monday in January [(Martin Luther King, Jr.’s Birthday)
Third] Washington’s birthday is on February 22 but is to be observed on the third Monday in February [(Washington’s birthday)]”.
Amend section 1,
page 1, by deleting line 11 and inserting: “Nevada
Day is October 31 [(Nevada Day)] but
is to be observed on the last Friday in October”.
Amend sec. 3,
pages 2 and 3, by deleting line 39 on page 2 and lines 1 through 3 on page 3,
and inserting: “holiday pursuant to NRS 236.015 . [except that any board of trustees of a school district may
elect to keep school open on October 31 (or other day observed as Nevada Day)
and observe such holiday with appropriate exercises.]”.
Amend the bill as a whole by renumbering sec. 4 as sec. 5 and adding a new section, designated section 4, following sec. 3, to read as follows:
“Sec. 4. NRS 662.255 is hereby amended to read as follows:
2. If a bank elects not to close on a Saturday, Sunday or legal holiday which falls on the last day of a calendar year, that day shall be deemed a regular banking day for the purposes of transacting business.
3. As used in this section, the term “legal holiday” includes all days which are declared by NRS 236.015 to be legal holidays.”.
Amend sec. 4, page 3, line 4, by deleting line 4 and inserting:
“Sec. 5. 1. This section and section 4 of this act become effective on October 1, 1999.
2. Sections 1, 2 and 3 of this act become effective on January 1, 2000.”.
Amend the title of the bill to read as follows:
“AN ACT relating to holidays; changing the legal holiday for the observance of Nevada Day; removing the exception that allows schools to remain open on Nevada Day; revising the provision governing the transaction of banking business on holidays and weekends; and providing other matters properly relating thereto.”.
Amend the summary of the bill, line, by deleting the period and inserting: “and revises provision governing transaction of banking business on holidays.”.
Senator O’Connell moved that the Senate concur in the Assembly amendment to Senate Bill No. 31.
Conflict of interest declared by Senator Raggio.
Remarks by Senator O’Connell.
Motion carried.
Bill ordered enrolled.
Senate Bill No. 68.
The following Assembly amendment was read:
Amendment No. 1051.
Amend sec. 5, page 3, line 13, by deleting “arrests; and” and inserting “arrests;”.
Amend sec. 5, page 3, line 16, by deleting “department.” and inserting:
“department; and
22. Criminal investigators who are employed by the secretary of state.”.
Amend sec. 18, page 8, by deleting lines 9 and 10 and inserting: “289.360, inclusive, and section 1 of [this act.
2.] Senate Bill No. 183 of this session.
3. “Punitive action” means any action which may lead to dismissal,”.
Amend sec. 32, page 16, by deleting lines 42 and 43 and inserting:
“2. Sections 1 to 17, inclusive, 19 to 27, inclusive, 29 and 30 of this act become effective on July 1, 1999.
3. Sections 18 and 31 of this act become effective at 12:01 a.m. on July 1, 1999.”
Senator O’Connell moved that the Senate concur in the Assembly amendment to Senate Bill No. 68.
Remarks by Senator O’Connell.
Motion carried.
Bill ordered enrolled.
Senate Bill No. 191.
The following Assembly amendment was read:
Amendment No. 943.
Amend the bill as a whole by deleting sec. 2, renumbering section 1 as sec. 2 and adding a new section designated section 1, following the enacting clause, to read as follows:
“Section 1. NRS 278.160 is hereby amended to read as follows:
(a) Community design. Standards and principles governing the subdivision of land and suggestive patterns for community design and development.
(b) Conservation plan. For the conservation, development and utilization of natural resources, including water and its hydraulic force, underground water, water supply, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals and other natural resources. The plan must also cover the reclamation of land and waters, flood control, prevention and control of the pollution of streams and other waters, regulation of the use of land in stream channels and other areas required for the accomplishment of the conservation plan, prevention, control and correction of the erosion of soils through proper clearing, grading and landscaping, beaches and shores, and protection of watersheds. The plan must also indicate the maximum tolerable level of air pollution.
(c) Economic plan. Showing recommended schedules for the allocation and expenditure of public money in order to provide for the economical and timely execution of the various components of the plan.
(d) Historical properties preservation plan. An inventory of significant historical, archaeological and architectural properties as defined by a city, county or region, and a statement of methods to encourage the preservation of those properties.
(e) Housing plan. The housing plan must include, but is not limited to:
(1) An inventory of housing conditions, needs and plans and procedures for improving housing standards and for providing adequate housing.
(2) An inventory of affordable housing in the community.
(3) An analysis of the demographic characteristics of the community.
(4) A determination of the present and prospective need for affordable housing in the community.
(5) An analysis of any impediments to the development of affordable housing and the development of policies to mitigate those impediments.
(6) An analysis of the characteristics of the land that is the most appropriate for the construction of affordable housing.
(7) An analysis of the needs and appropriate methods for the construction of affordable housing or the conversion or rehabilitation of existing housing to affordable housing.
(8) A plan for maintaining and developing affordable housing to meet the housing needs of the community.
(f) Land use plan. An inventory and classification of types of natural land and of existing land cover and uses, and comprehensive plans for the most desirable utilization of land. The land use plan may include a provision concerning the acquisition and use of land that is under federal management within the city, county or region, including, without limitation, a plan or statement of policy prepared pursuant to NRS 321.7355.
(g) Population plan. An estimate of the total population which the natural resources of the city, county or region will support on a continuing basis without unreasonable impairment.
(h) Public buildings. Showing locations and arrangement of civic centers and all other public buildings, including the architecture thereof and the landscape treatment of the grounds thereof.
(i) Public services and facilities. Showing general plans for sewage, drainage and utilities, and rights of way, easements and facilities therefor, including any utility projects required to be reported pursuant to NRS 278.145.
(j) Recreation plan. Showing a comprehensive system of recreation areas, including natural reservations, parks, parkways, reserved riverbank strips, beaches, playgrounds and other recreation areas, including, when practicable, the locations and proposed development thereof.
(k) Safety plan. In any county whose population is 400,000 or more, identifying potential types of natural and man-made hazards, including hazards from floods, landslides or fires, or resulting from the manufacture, storage, transfer or use of bulk quantities of hazardous materials. The plan may set forth policies for avoiding or minimizing the risks from those hazards.
(l) School facilities plan. Showing the general locations of current and future school facilities based upon information furnished by the appropriate local school district.
(m) Seismic safety plan. Consisting of an identification and appraisal of seismic hazards such as susceptibility to surface ruptures from faulting, to ground shaking or to ground failures.
[(m)] (n) Solid waste disposal plan. Showing general plans for the disposal of solid waste.
[(n)] (o) Streets and highways plan. Showing the general locations and widths of a comprehensive system of major traffic thoroughfares and other traffic ways and of streets and the recommended treatment thereof, building line setbacks, and a system of naming or numbering streets and numbering houses, with recommendations concerning proposed changes.
[(o)] (p) Transit plan. Showing a proposed system of transit lines, including rapid transit, streetcar, motorcoach and trolley coach lines and related facilities.
[(p)] (q) Transportation plan. Showing a comprehensive transportation system, including locations of rights of way, terminals, viaducts and grade separations. The plan may also include port, harbor, aviation and related facilities.
2. The commission may prepare and adopt, as part of the master plan, other and additional plans and reports dealing with such other subjects as may in its judgment relate to the physical development of the city, county or region, and nothing contained in NRS 278.010 to 278.630, inclusive, prohibits the preparation and adoption of any such subject as a part of the master plan.”.
Amend section 1, page 1, line 1, by deleting “In” and inserting: “Except as otherwise provided in this section, in”.
Amend section 1, page 1, by deleting line 8 and inserting: “before the date on which the governing body of the local government or unit thereof, or a person or agency authorized to take final action by the governing body:
(a) Takes final action on the final map pertaining to the project, if the project is a residential subdivision; or
(b) Considers the project for final action, if the project is a project other than a residential subdivision.”.
Amend section 1, page 1, by deleting line 15 and inserting:
“(b) The estimated number of additional pupils for each elementary school, junior high or middle school, and high school that the project”.
Amend section 1, page 2, by deleting line 14 and inserting: “are provided, including, without limitation, facilities that are planned, but not yet constructed, and facilities which have been included in a plan for capital improvements prepared by the appropriate local government pursuant to NRS 278.0226.”.
Amend section 1, page 2, line 15, after “existing” by inserting “and planned”.
Amend section 1, page 2, by deleting line 29 and inserting: “local ordinance, or as a condition imposed as a part of the process for approving the project; or”.
Amend section 1, page 2, line 39, after “The” by inserting: “local government or unit thereof determines that the appropriate local school district has been given an opportunity to review the project pursuant to NRS 278.346, if the provisions of that section are applicable.
(c) Except as otherwise provided in this subsection, the”.
Amend section 1, pages 2 and 3, by deleting lines 41 through 43 on page 2 and lines 1 through 3 on page 3, and inserting: “control will be sufficient to support the project. A local government or unit thereof may approve a project with respect to which the capacities of roads, sources of water supply or facilities for wastewater and flood control will not be sufficient to support the project if the local government or unit thereof requires the person who proposes to develop the project to carry out appropriate measures of mitigation to reduce the impact of the project on those elements of infrastructure.
6. The provisions of this section do not apply with respect to real property that is subject to a development agreement with a local government if the development agreement became effective before the effective date of this act.”.
Amend section 1, page 3, line 4, by deleting “6.” and inserting “7.”.
Amend section 1, page 3, by deleting line 6 and inserting:
“(a) Final maps or planned unit developments of 500 units or more;”.
Amend the title of the bill to read as follows:
“AN ACT relating to land use; requiring a master plan to include a school facilities plan; requiring a person who proposes to develop a project of significant impact in the Las Vegas urban growth zone to submit an impact statement in certain circumstances; prohibiting a local governmental entity from approving such a project in certain circumstances; and providing other matters properly relating thereto.”.
Amend the summary of the bill, second line, by deleting “(BDR S‑34)” and inserting “(BDR 22‑34)”.
Senator O’Connell moved that the Senate concur in the Assembly amendment to Senate Bill No. 191.
Remarks by Senator O’Connell.
Motion carried.
Bill ordered enrolled.
Senate Bill No. 203.
The following Assembly amendment was read:
Amendment No. 977.
Amend section 1, page 2, by deleting line 16 and inserting: “passport issued by a foreign government.”.
Amend sec. 2, page 3, line 10, by deleting “or”.
Amend sec. 2, page 3, by deleting lines 12 and 13 and inserting: “Columbia; or
(4) Passport [.] issued by the United States Government.”.
Senator O’Donnell moved that the Senate concur in the Assembly amendment to Senate Bill No. 203.
Remarks by Senator O’Donnell.
Motion carried.
Bill ordered enrolled.
Senate Bill No. 210.
The following Assembly amendment was read:
Amendment No. 1039.
Amend sec. 13, page 2, line 27, by deleting “registered”.
Amend sec. 13, page 2, line 36, after “a” by inserting “clinical”.
Amend sec. 23, page 6, by deleting line 8, and inserting:
“(1) Licensed as a clinical social worker pursuant to chapter 641B of NRS;”.
Amend sec. 23, page 6, line 10, by deleting “641B” and inserting “641A”.
Amend sec. 23, page 6, line 11, by deleting “registered”.
Amend sec. 26, page 7, line 14, by deleting: “in nursing or”.
Amend sec. 26, page 7, line 16, by deleting: “in nursing or”.
Amend the bill as a whole by deleting sec. 45 and adding:
“Sec. 45. (Deleted by amendment.)”.
Amend the bill as a whole by deleting sec. 47 and adding:
“Sec. 47. (Deleted by amendment.)”.
Amend the bill as a whole by deleting sec. 49 and adding:
“Sec. 49. (Deleted by amendment.)”.
Amend sec. 54, page 20, by deleting lines 20 through 34 and inserting: “divisions or other operating units except as otherwise provided by specific statute.
3. May employ, within the limits of legislative appropriations, such staff as is necessary [to] for the performance of the duties of the department.”.
Amend the bill as a whole by adding a new section designated sec. 57.5, following sec. 57, to read as follows:
“Sec. 57.5. NRS 458.010 is hereby amended to read as follows:
458.010 As used in NRS 458.010 to 458.350, inclusive, and sections 2 to 8, inclusive, of [this act,] Senate Bill No. 161 of this session, unless the context requires otherwise:
1. “Alcohol and drug abuse program” means a project concerned with education, prevention and treatment directed toward achieving the mental and physical restoration of alcohol and drug abusers.
2. “Alcohol and drug abuser” means a person whose consumption of alcohol or other drugs, or any combination thereof, interferes with or adversely affects his ability to function socially or economically.
3. “Alcoholic” means any person who habitually uses alcoholic beverages to the extent that he endangers the health, safety or welfare of himself or any other person or group of persons.
4. “Bureau” means the bureau of alcohol and drug abuse in the rehabilitation division of the department.
5. “Chief” means the chief of the bureau.
6. “Civil protective custody” means a custodial placement of a person for the purpose of protecting his health or safety. Civil protective custody does not have any criminal implication.
7. “Department” means the department of employment, training and rehabilitation.
8. “Detoxification technician” means a person who is certified by the bureau to provide screening for the safe withdrawal from alcohol and other drugs.
9. “Director” means the director of the department.
[9.] 10. “Facility” means a physical structure used for the education, prevention and treatment, including mental and physical restoration, of alcohol and drug abusers.
[10.] 11. “Halfway house for alcohol and drug abusers” means a residence that provides housing and a living environment for alcohol and drug abusers and is operated to facilitate their reintegration into the community, but does not provide treatment for alcohol or drug abuse. The term does not include a facility for the treatment of abuse of alcohol or drugs as defined in NRS 449.00455.”.
Amend sec. 58, page 23, by deleting lines 10 through 24 and inserting:
“3. Shall develop and publish standards of certification and may certify or deny certification of [any] operators of halfway houses for alcohol and drug abusers, halfway houses for alcohol and drug abusers, detoxification technicians or any facilities[, programs or personnel] or programs on the basis of the standards, and publish a list of certified operators of halfway houses for alcohol and drug abusers, halfway houses for alcohol and drug abusers, detoxification technicians, facilities[, programs and personnel. Any facilities, programs or personnel] and programs. Any operators of halfway houses for alcohol and drug abusers, halfway houses for alcohol and drug abusers, detoxification technicians, facilities or programs which are not certified are ineligible to receive state and federal money for alcohol and drug abuse programs. The chief:
(a) Shall establish the requirements for continuing education for persons certified as [counselors and administrators of the programs;] detoxification technicians; and
(b) May set fees for the certification of operators of halfway houses for alcohol and drug abusers, halfway houses for alcohol and drug abusers, detoxification technicians, facilities[, programs or personnel.] or programs. The fees must be calculated to produce the revenue estimated to cover the costs related to the certifications, but in no case may the fee for a certificate exceed the actual cost to the bureau of issuing the certificate.
4. Upon request from a facility which is self-supported, may certify the facility, its programs and [personnel] detoxification technicians and add them to the list [of certified facilities, programs and personnel.] described in subsection 3.”.
Amend the bill as a whole by adding new sections designated sections 58.2 through 58.6, following sec. 58, to read as follows:
“Sec. 58.2. NRS 458.026 is hereby amended to read as follows:
458.026 1. An applicant for the issuance or renewal of his certification as [personnel of an alcohol or drug abuse program or a facility,] a detoxification technician or as the operator of a halfway house for alcohol and drug abusers[,] shall submit to the bureau the statement prescribed by the welfare division of the department of human resources pursuant to NRS 425.520. The statement must be completed and signed by the applicant.
2. The bureau shall include the statement required pursuant to subsection 1 in:
(a) The application or any other forms that must be submitted for the issuance or renewal of the certification; or
(b) A separate form prescribed by the bureau.
3. The certification of a person as [personnel of an alcohol or drug abuse program or a facility,] a detoxification technician or as the operator of a halfway house for alcohol and drug abusers[,] may not be issued or renewed by the bureau if the applicant:
(a) Fails to complete or submit the statement required pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the administrator shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.
Sec. 58.4. NRS 458.027 is hereby amended to read as follows:
2. The bureau shall reinstate the certification of a person as [personnel of an alcohol and drug abuse program or a facility,] a detoxification technician or as the operator of a halfway house for alcohol and drug abusers, that has been suspended by a district court pursuant to NRS 425.540 if the bureau receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the personwhose certification was suspended stating that the personwhose certification was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
Sec. 58.6. NRS 458.028 is hereby amended to read as follows:
Amend sec. 61, page 23, by deleting lines 37 and 38 and inserting: “administrative supervision by the administrator of the rehabilitation division of the department.
2. Subject to the approval of the administrator of the rehabilitation division of the department, appoint such technical,”.
Amend sec. 73, page 31, by deleting lines 1 through 5, and inserting:
“(1) Licensed as a clinical social worker pursuant to chapter 641B of NRS;
(2) Licensed as a marriage and family therapist pursuant to chapter 641A of NRS; or
(3) A nurse who is licensed pursuant to chapter 632”.
Amend sec. 75, page 32, line 8, by deleting: “in nursing or”.
Amend sec. 75, page 32, line 11, by deleting: “in nursing or”.
Amend the bill as a whole by adding a new section designated section 77.5, following sec. 77, to read as follows:
“Sec. 77.5. Section 9 of Senate Bill No. 161 of this session is hereby amended to read as follows:
Sec. 9. NRS 458.010 is hereby amended to read as follows:
1. “Alcohol and drug abuse program” means a project concerned with education, prevention and treatment directed toward achieving the mental and physical restoration of alcohol and drug abusers.
2. “Alcohol and drug abuser” means a person whose consumption of alcohol or other drugs, or any combination thereof, interferes with or adversely affects his ability to function socially or economically.
3. “Alcoholic” means any person who habitually uses alcoholic beverages to the extent that he endangers the health, safety or welfare of himself or any other person or group of persons.
4. “Bureau” means the bureau of alcohol and drug abuse in the rehabilitation division of the department.
5. “Chief” means the chief of the bureau.
6. “Civil protective custody” means a custodial placement of a person for the purpose of protecting his health or safety. Civil protective custody does not have any criminal implication.
7. “Department” means the department of employment, training and rehabilitation.
8. “Director” means the director of the department.
9. “Facility” means a physical structure used for the education, prevention and treatment, including mental and physical restoration, of alcohol and drug abusers.
10. “Halfway house for alcohol and drug abusers” means a residence that provides housing and a living environment for alcohol and drug abusers and is operated to facilitate their reintegration into the community, but does not provide treatment for alcohol or drug abuse. The term does not include a facility for the treatment of abuse of alcohol or drugs as defined in NRS 449.00455.
Amend sec. 78, page 33, by deleting line 20 and inserting:
“Sec. 78. NRS 458.360 is hereby”.
Amend sec. 79, page 33, line 26, by deleting “January” and inserting “July”.
Amend sec. 80, page 33, line 31, by deleting “January” and inserting “July”.
Amend sec. 80, page 34, line 9, by deleting “January” and inserting “July”.
Amend sec. 84, page 34, line 40, after “1 to” by inserting: “57, inclusive, 59 to”.
Amend sec. 84, page 34, between lines 41 and 42, by inserting:
“2. Sections 57.5 to 58.6, inclusive, of this act become effective on July 1, 2001.”.
Amend sec. 84, page 34, line 42, by deleting “2.” and inserting “3.”.
Amend sec. 84, page 35, line 10, by deleting “3.” and inserting “4.”.
Amend the bill as a whole by deleting the leadlines of repealed sections and adding the text of the repealed section to read as follows:
“TEXT OF REPEALED SECTION
2. If the bureau believes from satisfactory evidence presented to it that any person has violated or is about to violate the provisions of subsection 1, it may bring an action in a court of competent jurisdiction to enjoin that person from engaging in or continuing the violation. Such an injunction:
(a) May be issued without proof of actual damage sustained by any person.
(b) Does not preclude criminal prosecution and punishment of a violator.
3. Any person who violates the provisions of subsection 1 is guilty of a misdemeanor.”.
Senator Townsend moved that the Senate concur in the Assembly amendment to Senate Bill No. 210.
Remarks by Senator Townsend.
Motion carried.
Bill ordered enrolled.
Senate Bill No. 323.
The following Assembly amendment was read:
Amendment No. 1059.
Amend sec. 3, page 1, line 11, by deleting “that” and inserting “that:”.
Amend sec. 3, pages 1 and 2, by deleting line 12 on page 1 and lines 1 through 28 on page 2 and inserting:
“(a) The manufactured home:
(1) Be permanently affixed to a residential lot;
(2) Be manufactured within the 5 years immediately preceding the date on which it is affixed to the residential lot;
(3) Have exterior siding and roofing which is similar in color, material and appearance to the exterior siding and roofing primarily used on other single-family residential dwellings in the immediate vicinity of the manufactured home, as established by the governing body;
(4) Consist of more than one section; and
(5) Consist of at least 1,200 square feet of living area unless the governing body, by administrative variance or other expedited procedure established by the governing body, approves a lesser amount of square footage based on the size or configuration of the lot or the square footage of single-family residential dwellings in the immediate vicinity of the manufactured home; and
(b) If the manufactured home has an elevated foundation, the foundation is masked architecturally in a manner determined by the governing body.”.
Amend sec. 3, page 2, by deleting line 35 and inserting: “housing, including, without limitation, the use of manufactured homes for affordable housing.”.
Amend sec. 3, page 2, by deleting line 37 and inserting: “restrictive covenant prohibiting manufactured homes nor do the provisions apply within the boundaries of a historic district established pursuant to NRS 384.005 or 384.100. An application to place a manufactured home on a residential lot pursuant to this section constitutes an attestation by the owner of the lot that the placement complies with all covenants, conditions and restrictions placed on the lot and that the lot is not located within a historic district.”.
Senator O’Connell moved that the Senate concur in the Assembly amendment to Senate Bill No. 323.
Remarks by Senator O’Connell.
Motion carried.
Bill ordered enrolled.
Senate Bill No. 372.
The following Assembly amendment was read:
Amendment No. 976.
Amend sec. 17, page 9, line 36, by deleting the brackets and strike-through.
Amend sec. 17, page 9, line 39, by deleting the brackets and strike-through.
Senator O’Donnell moved that the Senate concur in the Assembly amendment to Senate Bill No. 372.
Remarks by Senator O’Donnell.
Motion carried.
Bill ordered enrolled.
Senate Bill No. 436.
The following Assembly amendments were read:
Amendment No. 898.
Amend the bill as a whole by renumbering sections 1 through 15 as sections 3 through 17 and adding new sections designated sections 1 and 2, following the enacting clause, to read as follows:
“Section 1. NRS 350.002 is hereby amended to read as follows:
(a) Three representatives of the board of county commissioners from its membership;
(b) One representative of each governing body of the five largest incorporated cities in the county from its membership;
(c) One representative of the board of trustees of the county school district from its membership; and
(d) Two representatives of the public at large.
2. There is hereby created in each county whose population is less than 400,000, a debt management commission, to be composed of one representative of the county, one representative of the school district and the following additional representatives:
(a) In each such county which contains more than one incorporated city:
(1) One representative of the city in which the county seat is located;
(2) One representative of the other incorporated cities jointly; and
(3) One representative of the public at large.
(b) In each such county which contains one incorporated city:
(1) One representative of the incorporated city; and
(2) Two representatives of the public at large.
(c) In each such county which contains no incorporated city, one representative of the public at large.
(d) In each such county which contains one or more general improvement districts, one representative of the district or districts jointly and one additional representative of the public at large.
[2.] 3. In Carson City, there is hereby created a debt management commission, to be composed of one representative of the board of supervisors, one representative of the school district and three representatives of the public at large. The representative of the board of supervisors and the representative of the school district shall select the representatives of the public at large, and for that purpose only, constitute a quorum of the debt management commission. Members of the commission serve for a term of 2 years beginning on January 1, or until their successors are chosen.
[3. Each]
4. Except as otherwise provided in subsection 1, each representative of a single local government must be chosen by its governing body. Each representative of two or more local governments must be chosen by their governing bodies jointly, each governing body having one vote. Each representative of the general improvement districts must be chosen by their governing bodies jointly, each governing body having one vote. Each representative of the public at large must be chosen by the other members of the commission from residents of the county, or Carson City, as the case may be, who have a knowledge of its financial structure. A tie vote must be resolved by lot.
[4. Members]
5. Except as otherwise provided in this subsection, members of the commission or their successors must be chosen in January of each odd-numbered year and hold office for a term of 2 years beginning January 1. [, except the] The representatives of incorporated cities[, who] must be chosen after elections are held in the cities, but before the annual meeting of the commission in July.
[5.] The term of a representative who serves pursuant to paragraph (a), (b) or (c) of subsection 1 is coterminous with the term of his elected office, unless the public entity that appointed him revokes his appointment.
6. Any vacancy must be filled in the same manner as the original choice was made for the remainder of the unexpired term.
Sec. 2. NRS 350.003 is hereby amended to read as follows:
2. In addition to the organizational meeting, each commission shall meet annually in July of each year and at the call of the chairman whenever business is presented, as provided in NRS 350.004 and 350.005.
3. In conjunction with the meetings required by subsections 1 and 2, the commission in a county whose population:
(a) Is 100,000 or more but less than 400,000, shall meet each calendar quarter.
(b) Is 400,000 or more, shall meet each month.
The meetings required by this subsection must be scheduled at each annual meeting in July.
4. Except as otherwise provided in subsection [2] 3 of NRS 350.002, a majority of the members constitutes a quorum for all purposes.”.
Amend section 1, page 1, line 1, by deleting: “2 to 14,” and inserting: “4 to 16,”.
Amend section 1, page 1, lines 2 and 3, by deleting: “2, 3 and 4” and inserting: “4, 5 and 6”.
Amend sec. 3, page 1, line 7, by deleting “5” and inserting “7”.
Amend sec. 4. page 1, line 9, by deleting “12” and inserting “14”.
Amend sec. 5, page 1, by deleting line 12 and inserting: “North Las Vegas, the City of Henderson, Boulder City and the Clark County School District.”.
Amend sec. 6, page 1, line 13, by deleting “9” and inserting “10”.
Amend sec. 6, page 2, line 4, by deleting “and”.
Amend sec. 6, page 2, by deleting line 6 and inserting: “membership; and
(f) One member appointed by the Board of Trustees of the Clark County School District from its membership.”.
Amend sec. 6, page 2, line 10, after “4.” by inserting: “If a member fails to attend three consecutive meetings or fails to attend five meetings during a calendar year, his appointment is automatically revoked.
5.”.
Amend sec. 7, page 2, line 17, by deleting: “at least once each calendar quarter” and inserting “each month”.
Amend sec. 11, page 3, by deleting lines 2 and 3.
Amend sec. 11, page 3, line 4, by deleting “2.” and inserting “1.”.
Amend sec. 11, page 3, line 7, by deleting “3.” and inserting “2.”.
Amend sec. 12, page 3, line 10, after “Clark County” by inserting: “, the Superintendent of the Clark County School District,”.
Amend sec. 12, page 3, by deleting line 12 and inserting: “City, or the appointee of such an entity who is an employee of the entity, is hereby created to provide”.
Amend sec. 15, page 5, by deleting line 24 and inserting:
“Sec. 17. 1. This section and sections 3 through 16 of this act become effective on July 1, 1999.
2. Sections 1 and 2 of this act become effective on January 1, 2000.”.
Amend the title of the bill, line, after “planning;” by inserting: “revising the composition of the debt management commission in certain counties;”.
Amend the summary of the bill to read as follows:
“SUMMARY—Makes various changes relating to regional planning. (BDR 30‑1588)”.
Amendment No. 1118.
Amend sec. 8, page 3, line 36, by deleting the semicolon and inserting: “, one of whom is a member of the debt management commission established pursuant to subsection 1 of NRS 350.002;”.
Amend sec. 8, page 3, line 38, by deleting the semicolon and inserting: “, one of whom is a member of the debt management commission established pursuant to subsection 1 of NRS 350.002;”.
Amend sec. 8, page 3, line 40, by deleting the semicolon and inserting: “, one of whom is a member of the debt management commission established pursuant to subsection 1 of NRS 350.002;”.
Amend sec. 8, page 3, line 42, by deleting the semicolon and inserting: “, one of whom is a member of the debt management commission established pursuant to subsection 1 of NRS 350.002;”.
Amend sec. 8, page 4, line 2, by deleting the semicolon and inserting: “who is a member of the debt management commission established pursuant to subsection 1 of NRS 350.002;”.
Amend sec. 8, page 4, line 4, by deleting the period and inserting: “who is a member of the debt management commission established pursuant to subsection 1 of NRS 350.002.”.
Senator O’Connell moved that the Senate concur in the Assembly amendments to Senate Bill No. 436.
Remarks by Senator O’Connell.
Motion carried.
Bill ordered enrolled.
Senate Bill No. 470.
The following Assembly amendment was read:
Amendment No. 836.
Amend sec. 2, page 2, line 14, by deleting “350.089” and inserting “350.085”.
Senator O’Connell moved that the Senate concur in the Assembly amendment to Senate Bill No. 470.
Remarks by Senator O’Connell.
Motion carried.
Bill ordered enrolled.
Senate Bill No. 473.
The following Assembly amendment was read:
Amendment No. 837.
Amend sec. 4, page 5, by deleting line 25 and inserting:
“354.59811 1. Except as otherwise provided in NRS 354.59813,”.
Amend sec. 4, page 5, line 34, by deleting: “a general or medium-term obligation” and inserting: “general long-term debt”.
Amend sec. 4, page 5, line 38, by deleting “1.” and inserting “(a)”.
Amend sec. 4, page 6, line 8, by deleting “2.” and inserting “(b)”.
Amend sec. 4, page 6, between lines 14 and 15, by inserting:
“2. As used in this section, “general long-term debt” does not include debt created for medium-term obligations pursuant to NRS 350.085 to 350.095, inclusive.”.
Senator O’Connell moved that the Senate concur in the Assembly amendment to Senate Bill No. 473.
Remarks by Senator O’Connell.
Motion carried.
Bill ordered enrolled.
Senate Bill No. 521.
The following Assembly amendment was read:
Amendment No. 1087.
Amend sec. 2, pages 1 and 2, by deleting lines 7through 20 on page 1 and lines 1 through 7 on page 2, and inserting: “The discounted admission fee for residents must be offered at any time the exhibition is open to the public and admission fees are being charged.
2. Except as otherwise provided in subsection 5, if a taxpayer collects a fee for the exhibition of fine art otherwise exempt from taxation pursuant to NRS 361.068, the exemption pertaining to that fine art for the fiscal year must be reduced by the net revenue derived by the taxpayer for that fiscal year. The exemption pertaining to fine art for a particular fiscal year must not be reduced below zero, regardless of the amount of the net revenue derived by the taxpayer for that fiscal year.”.
Amend sec. 2, page 2, line 8, by deleting “4.” and inserting “3.”.
Amend sec. 2, page 2, between lines 13 and 14, by inserting:
“4. A taxpayer who is required to pay a tax resulting from the operation of this section may receive a credit against the tax for any donations made by the taxpayer to the state arts council, the division of museums and history dedicated trust fund established pursuant to NRS 381.0031, a museum that provides exhibits specifically related to nature or a museum that provides exhibits specifically related to children, if the taxpayer:
(a) Made the donation before the date that either statement required pursuant to subsection 3 is due; and
(b) Provides to the county assessor documentation of the donation at the time that he files the statement required pursuant to subsection 3.
5. If a taxpayer qualifies for and avails himself of both of the exemptions from taxation provided by NRS 361.068 and 374.291, the reduction of the exemptions by the net revenue derived by the taxpayer, as required pursuant to subsection 2 of this section and subsection 2 of section 6 of this act, must be carried out in such a manner that the total net revenue derived by the taxpayer is applied to reduce the exemption provided pursuant to NRS 374.291. If the net revenue exceeds the amount of the exemption provided pursuant to NRS 374.291, the remaining net revenue must be applied to reduce the exemption provided pursuant to NRS 361.068. If the net revenue is less than or equal to the exemption provided pursuant to NRS 374.291 for that fiscal year, the exemption provided pursuant to NRS 361.068 must not be reduced.
6. For the purposes of this section:
(a) “Direct costs of owning and exhibiting the fine art” does not include any allocation of the general and administrative expense of a business or organization that conducts activities in addition to the operation of the facility in which the fine art is displayed, including, without limitation, an allocation of the salary and benefits of a senior executive who is responsible for the oversight of the facility in which the fine art is displayed and who has substantial responsibilities related to the other activities of the business or organization.
(b) “Net revenue” means the amount of the fees collected for exhibiting the fine art during that fiscal year less the following paid or made during that fiscal year:
(1) The direct costs of owning and exhibiting the fine art; and
(2) The cost of educational programs associated with the taxpayer’s public display of fine art, including the cost of meeting the requirements of sub-subparagraph (IV) of subparagraph (1) of paragraph (b) of subsection 5 of NRS 361.068.”.
Amend sec. 4, page 3, line 2, by deleting “shall, on” and inserting: “shall [, on] :
(a) On”.
Amend sec. 4, page 3, line 11, by deleting “5.” and inserting: “5; and
(b) During any fiscal year in which he claims the exemption, make available for educational purposes and not for resale, upon written request and without charge to any public school as defined in NRS 385.007, private school as defined in NRS 394.103 and parent of a child who receives instruction in a home pursuant to NRS 392.070, one copy of a poster depicting the fine art that the facility has on public display if such a poster is available for purchase by the public at the time of the request.”.
Amend sec. 4, page 3, by deleting line 25 and inserting:
“(b) “Fine art for public display”:
(1) Except as otherwise provided in subparagraph (2), means a work of art which:”.
Amend sec. 4, page 3, line 26, by deleting “(1)” and inserting “[(1)] (I)”.
Amend sec. 4, page 3, line 30, by deleting “(2)” and inserting “[(2)] (II)”.
Amend sec. 4, page 3, line 32, by deleting “(3)” and inserting “[(3)] (III)”.
Amend sec. 4, page 4, line 1, by deleting “(4)” and inserting “[(4)] (IV)”.
Amend sec. 4, page 4, line 3, by deleting “20” and inserting “60”.
Amend sec. 4, page 4, line 5, by deleting “charge.” and inserting: “charge; and
(2) Does not include:
(I) A work of fine art that is a fixture or an improvement to real property;
(II) A work of fine art that constitutes a copy of an original work of fine art, unless the work is a lithograph that is a limited edition and that is signed and numbered by the artist;
(III) Products of filmmaking or photography, including, without limitation, motion pictures;
(IV) Literary works;
(V) Property used in the performing arts, including, without limitation, scenery or props for a stage; or
(VI) Property that was created for a functional use other than, or in addition to, its aesthetic qualities, including, without limitation, a classic or custom-built automobile or boat, a sign that advertises a business, and custom or antique furniture, lamps, chandeliers, jewelry, mirrors, doors or windows.”.
Amend sec. 4, page 4, by deleting line 8, and inserting:
“(1) Meets the requirements of sub-subparagraphs (I) and (II) of subparagraph (1) of”.
Amend sec. 4, page 4, between lines 14 and 15, by inserting:
“(d) “Public display” means the display of a work of fine art where members of the public have access to the work of fine art for viewing during publicly advertised hours. The term does not include the display of a work of fine art in an area where the public does not generally have access, including, without limitation, a private office, hallway or meeting room of a business, a room of a business used for private lodging and a private residence.
(e) “Pupil” means a person who:
(1) Is enrolled for the current academic year in a public school as defined in NRS 385.007 or a private school as defined in NRS 394.103; or
(2) Receives instruction in a home and is excused from compulsory attendance pursuant to NRS 392.070.
(f) “Student” means a person who is enrolled for the current academic year in:
(1) A community college or university; or
(2) A licensed postsecondary educational institution as defined in NRS 394.099 and a course concerning fine art.”.
Amend sec. 5, page 4, line 39, by deleting “shall, on” and inserting: “shall [, on]:
(a) On”.
Amend sec. 5, page 5, line 6, by deleting “4.” and inserting: “4; and
(b) During any fiscal year in which he claims the exemption, make available for educational purposes and not for resale, upon written request and without charge to any public school as defined in NRS 385.007, private school as defined in NRS 394.103 and parent of a child who receives instruction in a home pursuant to NRS 392.070, one copy of a poster depicting the fine art that the facility has on public display if such a poster is available for purchase by the public at the time of the request.”.
Amend sec. 5, page 5, by deleting line 10 and inserting:
“(b) “Fine art for public display”:
(1) Except as otherwise provided in subparagraph (2), means a work of art which:”.
Amend sec. 5, page 5, line 11, by deleting “(1)” and inserting “[(1)] (I)”.
Amend sec. 5, page 5, line 15, by deleting “(2)” and inserting “[(2)] (II)”.
Amend sec. 5, page 5, line 17, by deleting “(3)” and inserting “[(3)] (III)”.
Amend sec. 5, page 5, line 28, by deleting “(4)” and inserting “[(4)] (IV)”.
Amend sec. 5, page 5, line 30, by deleting “20” and inserting “60”.
Amend sec. 5, page 5, line 32, by deleting “charge.” and inserting: “charge; and
(2) Does not include:
(I) A work of fine art that is a fixture or an improvement to real property;
(II) A work of fine art that constitutes a copy of an original work of fine art, unless the work is a lithograph that is a limited edition and that is signed and numbered by the artist;
(III) Products of filmmaking or photography, including, without limitation, motion pictures;
(IV) Literary works;
(V) Property used in the performing arts, including, without limitation, scenery or props for a stage; or
(VI) Property that was created for a functional use other than, or in addition to, its aesthetic qualities, including, without limitation, a classic or custom-built automobile or boat, a sign that advertises a business, and custom or antique furniture, lamps, chandeliers, jewelry, mirrors, doors or windows.”.
Amend sec. 5, page 5, by deleting line 35 and inserting:
“(1) Meets the requirements of sub-subparagraphs (I) and (II) of subparagraph (1) of”.
Amend sec. 5, page 5, after line 41, by inserting:
“(d) “Public display” means the display of a work of fine art where members of the public have access to the work of fine art for viewing during publicly advertised hours. The term does not include the display of a work of fine art in an area where the public does not generally have access, including, without limitation, a private office, hallway or meeting room of a business, a room of a business used for private lodging and a private residence.
(e) “Pupil” means a person who:
(1) Is enrolled for the current academic year in a public school as defined in NRS 385.007 or a private school as defined in NRS 394.103; or
(2) Receives instruction in a home and is excused from compulsory attendance pursuant to NRS 392.070.
(f) “Student” means a person who is enrolled for the current academic year in:
(1) A community college or university; or
(2) A licensed postsecondary educational institution as defined in NRS 394.099 and a course concerning fine art.”.
Amend sec. 6, page 6, by deleting lines 7 through 17 and inserting: “charged to nonresidents. The discounted admission fee for residents must be offered at any time the exhibition is open to the public and admission fees are being charged.
2. If a taxpayer collects a fee for the exhibition of fine art otherwise exempt from taxation on its sale, storage, use or other consumption pursuant to NRS 374.291 and the fee is collected during the full fiscal year after the purchase of the fine art, the exemption pertaining to that fine art must be reduced by the net revenue derived by the taxpayer for that full fiscal year. The exemption pertaining to fine art must not be reduced below zero, regardless of the amount of the net revenue derived by the taxpayer for that full fiscal year.”.
Amend sec. 6, page 6, line 21, by deleting “calendar” and inserting “fiscal”.
Amend sec. 6, page 6, line 24, by deleting “calendar” and inserting “fiscal”.
Amend sec. 6, page 6, by deleting line 26and inserting:
“4. A taxpayer who is required to pay a tax resulting from the operation of this section may receive a credit against the tax for any donations made by the taxpayer to the state arts council, the division of museums and history dedicated trust fund established pursuant to NRS 381.0031, a museum that provides exhibits specifically related to nature or a museum that provides exhibits specifically related to children, if the taxpayer:
(a) Made the donation before the date that either return required pursuant to subsection 3 is due; and
(b) Provides the department documentation of the donation at the time that he files the return required pursuant to subsection 3.
5. For the purposes of this section:
(a) “Direct costs of owning and exhibiting the fine art” does not include any allocation of the general and administrative expense of a business or organization that conducts activities in addition to the operation of the facility in which the fine art is displayed, including, without limitation, an allocation of the salary and benefits of a senior executive who is responsible for the oversight of the facility in which the fine art is displayed and who has substantial responsibilities related to the other activities of the business or organization.
(b) “Net revenue” means the amount”.
Amend sec. 6, page 6, line 27, by deleting “calendar” and inserting “fiscal”.
Amend sec. 6, page 6, line 28, by deleting “calendar” and inserting “fiscal”.
Amend sec. 6, page 6, by deletingline 29and inserting:
“(1) The direct costs of owning and exhibiting the fine art; and”.
Amend sec. 6, page 6, by deleting lines30 and 31.
Amend sec. 6, page 6, line 32, by deleting “(c)” and inserting “(2)”.
Amend sec. 6, page 6, by deleting lines 34 through 37 and inserting: “of paragraph (d) of subsection 4 of NRS 374.291.”.
Amend sec. 7, page7, by deleting line 1 and inserting:
“(a) Meets the requirements of subparagraphs (1) and (2) of paragraph (a) of subsection 4”.
Amend sec. 9, page 7, by deleting line 27and inserting:
“(a) Meets the requirements of subparagraphs (1) and (2) of paragraph (a) of subsection 4”.
Amend sec. 10, page8, line 1,by deleting “3” and inserting “4”.
Amend sec. 10, page 8, line 3,by deleting:
“paragraph (c) of subsection 3” and inserting: “paragraphs (c) and (d) of subsection 4”.
Amend sec. 10, page 8, by deleting line 5and inserting:
“3. During the full fiscal year following the purchase of fine art for which a taxpayer receives the exemption provided in this section, make available, upon written request and without charge to any public school as defined in NRS 385.007, private school as defined in NRS 394.103 and parent of a child who receives instruction in a home pursuant to NRS 392.070, one copy of a poster depicting the fine art that the facility has on public display and that the facility makes available for purchase by the public at the time of the request.
4. As used in this section [, “fine]:
(a) “Fine art for public display”:
(1) Except as otherwise provided in subparagraph (2), means a work of”.
Amend sec. 10, page 8, line 7, by deleting “(a)” and inserting “[(a)] (I)”.
Amend sec. 10, page 8, line 11, by deleting “(b)” and inserting “[(b)] (II)”.
Amend sec. 10, page 8, line 13, by deleting “(c)” and inserting “[(c)] (III)”.
Amend sec. 10, page 8, line 22, by deleting “calendar” and inserting “fiscal”.
Amend sec. 10, page 8, line 25, by deleting “(d)” and inserting “[(d)] (IV)”.
Amend sec. 10, page 8, by deleting line 27 and inserting: “least 60 days of the full fiscal year after the purchase of the fine”.
Amend sec. 10, page 8, line 29, by deleting “charge.” and inserting: “charge; and
(2) Does not include:
(I) A work of fine art that is a fixture or an improvement to real property;
(II) Materials purchased by an artist for consumption in the production of a work of art that is to be a fixture or an improvement to real property;
(III) A work of fine art that constitutes a copy of an original work of fine art, unless the work is a lithograph that is a limited edition and that is signed and numbered by the artist;
(IV) Products of filmmaking or photography, including, without limitation, motion pictures;
(V) Literary works;
(VI) Property used in the performing arts, including, without limitation, scenery or props for a stage; or
(VII) Property that was created for a functional use other than, or in addition to, its aesthetic qualities, including, without limitation, a classic or custom-built automobile or boat, a sign that advertises a business, and custom or antique furniture, lamps, chandeliers, jewelry, mirrors, doors or windows.
(b) “Public display” means the display of a work of fine art where members of the public have access to the work of fine art for viewing during publicly advertised hours. The term does not include the display of a work of fine art in an area where the public does not generally have access, including, without limitation, a private office, hallway or meeting room of a business, a room of a business used for private lodging and a private residence.
(c) “Pupil” means a person who:
(1) Is enrolled for the current academic year in a public school as defined in NRS 385.007 or a private school as defined in NRS 394.103; or
(2) Receives instruction in a home and is excused from compulsory attendance pursuant to NRS 392.070.
(d) “Student” means a person who is enrolled for the current academic year in:
(1) A community college or university; or
(2) A licensed postsecondary educational institution as defined in NRS 394.099 and a course concerning fine art.”.
Senator McGinness moved that the Senate concur in the Assembly amendment to Senate Bill No. 521.
Remarks by Senators McGinness, Neal, Schneider, O’Donnell and Titus.
Senator Neal requested that the following remarks be entered in the Journal.
Senator McGinness:
Thank you, Madam President. The Assembly substantially tightened up the exemptions included in Senate Bill No. 521. It now provides that a taxpayer may now charge a fee for the public display of fine art and that anytime the display is opened and a fee is being charged, the taxpayer has to offer 50-percent discount to Nevada residents. The display must be made available for student tours by appointment and without charge for at least 60 days during the entire year. This is an increase from 20 days. The taxes are due to the extent of any net revenue the taxpayer earns from those fees after deducting the direct cost of owning and exhibiting the art and the cost of any educational programs associated with the display.
The taxpayer is eligible for a credit against any taxes otherwise due for donations to the State Arts Council, the Fund for Historical Preservation or the Nature or Children’s Museum. Previously it was just a charitable organization and the Assembly put in a specific nonprofit charitable organizations that the donations must go to. The taxpayer must provide a free copy of a poster depicting the fine art on display to a public schools, private schools or even home schooled students. In addition, they established certain time limits between the purchase of the art and the period therein which it must be displayed to receive the exemptions. It also revises the definition of fine art for public display to specifically exclude certain items, define such terms as direct cost of owning and exhibiting the fine art, net revenue, public display, defines pupil and student to include all children in grades kindergarten through twelfth grade including home schoolers and students in post-secondary art classes. Finally, it makes a number of mechanical changes that makes it easier for the assessor and the Department of Taxation to administer the exemption and for a taxpayer to comply with the requirements of the bill.
Senator Neal:
I rise in opposition to the concurrence in this amendment to Senate Bill No. 521. When I first read the amendment, it looked good and sounded good. When I realized that Mr. Harvey Whittemore had written the amendment, I decided I had better take another look at it to see exactly what it was doing and how it was going to accomplish these things which appeared to be good. I read the amendment which says that a taxpayer may collect an admission fee for the exhibition of fine art, otherwise exempt from taxation pursuant to NRS 361.068 which is a personal property tax. The taxpayer offers to Nevada residents a 50-percent discount from any admission charges. This sounds good. Then on the front page of the amendment it says, except as otherwise provided in subsection 5, if the taxpayer collecting a fee for the exhibition of the fine art, otherwise exempt from taxation, pursuant to NRS 361.068 the exemption pertaining to the art for the fiscal year must be reduced by the net revenue derived by the taxpayer for that fiscal year. This does sound good. Then I turned to page 2 of the amendment and began to look at subsection 5. If a taxpayer qualifies for and avails himself of both the exemption from the taxation provided by NRS 361.068 and 374.291, the reduction of the exemption by the net revenue derived by the taxpayer as required pursuant to subsection 2 of this section and subsection 2 of section 6 of this act must be carried out in a manner that the total revenue derived by the taxpayer is first applied to reduce the exemption provided pursuant to NRS 374.291. It then goes on to say that if the net revenue exceeds the amount of the exemption provided pursuant to NRS 374.291 the remaining net revenue must be applied to reduce the exemption provided pursuant to NRS 361.06. It then goes on to say that if the net revenue is less than or equal to the exemption provided pursuant to NRS 374.291 for the fiscal , the exemption provided in that NRS 361 Chapter must not be reduced. This sounds good. When I looked at that, I said that the Assembly had done an excellent job in trying to correct a bad bill that we had passed. Then it occurred to me that we had to read that subsection 4 of section 2 which grants a credit. When I saw that language which said that the taxpayer is required to pay a tax resulting from the operation of this section may receive a credit against a tax for any donation made by the taxpayer to the State Art Council, Division of Museums and History Dedicated Trust established pursuant to NRS 381.0031, a museum that provides an exhibit specially related to the nature of the museum that provides exhibits specifically related to children. It says that if the taxpayer had filed these particular statements, he/she may receive a credit. That language “may” and we have been taught and been trained in this session that anytime we see “may” we should look at it as being permissive. I was a little bit confused by this “may” because when I examined this as to permitting this particular credit, I asked my good friend and lawyer here to take a look at it. He is new, out of law school and has not been practicing too long. The law would still be fresh in his mind. He looked at it and said, “Joe, that is permissive.” I said, well, you better look at that language again. Uh uh, it is not permissive. You know that our lobbyist, Mr. Whittemore, is a brilliant individual when it comes to playing gymnastics with the English language and especially so when he puts into law that “may” there does not apply to the tax department. It applies to the taxpayer in terms of granting that taxpayer a right to receive that credit. When you look at this bill and the amendment that the Assembly has put into this which is probably one of the reasons why Mr. Whittemore was campaigning so hard was because he did not want this bill to go back to the Assembly because they have been snookered into voting for this. I believe they got 32 votes. They did not understand what had happened here. When you have that language and set out these other things in which these credits can be taken from and you look at this in relationship to the amendment in terms of how the net revenue can be applied to the exemption in terms of reducing the exemption, then you go back and look at the credit. If I, the taxpayer, have a right to get that credit, that means that I go out and give the Museum of History a little bit of money equal to whatever that exemption is. If it is over that and the net revenue is over the exemption, then I just go out and give money to the Museum of Arts and the Museum of History. Then, as a credit, I can take that money back a dollar for a dollar. What we have done here is to take a bad bill and made it worse. This man has not given up anything in this piece of legislation, not one dime which he cannot recover. That “may” language, if you go back and look at our NRS 0.025, the use of may. Let me just read it to you. This is what I thought about when I saw that. That “may” seems kind of strange to me. I asked the question as to if there is a law out there or a case that used “may” in the sense that it is being used here. You have to ask these questions when you are dealing with Mr. Whittemore’s legislation. So, I asked the question. It was in our statutes, 0.025, the use of may. May confers a right and a privilege for power. That is the definition of may in our NRS so when we see may here, it does not go to the Tax Department in terms of granting a credit. It goes to the taxpayer that he has the authority as well as the right to use that credit to offset anything that he would have contributed to the Museum of Art or these other agencies that are listed such as the Art Council. I know that the Art Council would jump up and down about this, but I don’t think they will get a dime. What is happening if it is allowed as we put into the statute which says that the taxpayer may collect an admission fee. The admission fee for this one particular taxpayer is $12 per person. Presuming that he is allowed to take these other deductions which are written into this bill, the cost of the art is for instance $50 and he got $50 back, he would not have to pay a dime because the law says that if it is even with that which is exempted, meaning the net revenue and is even with the exemption, he does not pay anything. It also says that he cannot go beyond zero. If you have $150 with $50 that he can apply to the reduction of the exemption but if you have a credit you can go out and give $50 to the Museum of History, then where am I? There would be no tax. This is what this amendment has done. They have taken a bad bill and made it worse.
I must admit that when you deal with Harvey you have to think because he is going to take you around and around, and he knows his job very well. I told him that if I had to do something in this Legislature, I would hire you because I know that you would get it through. One of the things that Harvey mentioned to me about the credit was that he did not know that I would pick that up. Well, when you deal with Mr. Harvey Whittemore in language you almost have to question every word and the usage of that word. Mr. Harvey has taken everything that Mr. Wynn requested, twisted it around and put it into an amendment with the Assembly passing it and made all of us look good until you begin to read the language and research the language. Then you find out that what you now have is everything that Mr. Steve Wynn asked for in this bill. It is put in such a fashion that the average individual would not just pick this up and read it and find this out because you have to read it in conjunction with other things and other parts of the law.
That 0.025 was not listed in here. It was only because I was curious with looking for a case law to find out what “may” was that I was able to come up with this. I went and asked other people to take a look at this in subsection 4 of section 2, line 3 to 13 on page 2 of the second reprint, subsection 4 of this act, lines 15 to 25 on page 9, both provide that the taxpayer may receive a credit against the taxes for donation made to the listed organizations. I believe that these provisions do give the taxpayer the right to a credit against any tax that from admission fees that could have net revenue to subtract from that revenue. NRS 0.025 states that the use of the term “may” confers a right, privilege of power and based upon the rules of statutory construction, this is what it does. Ladies and gentlemen, I know that you are set to vote this out of here and pass it. We just want to give you a lesson on how these things can be used against you. I hope that the Assembly is listening because they were led down the primrose path on this one and did not see what was happening to them. The school kids in here that I heard were mentioned about the 20 days to 60 days for kids, but they are only open for five hours a day under this amendment. They must ask for an appointment. It is by appointment only. They don’t just make the request. They have to get an appointment. You know when you ask for an appointment, it depends upon what your time schedule is whether or not you are granted an appointment. The school kids may not get what seems to be represented by this amendment.
If you want to give the taxpayer that is represented here this exemption, just come right out and give it to him. If you want to give him the exemption that is represented here, NRS 374.291, you know what that is. It is an exemption from the local school support taxes. I want you to know about this. NRS 374.291 is the local school support taxes. You are taking money from children. This bill, when passed in the Senate, would mean approximately $15 million of local money coming from this section of the law. Think about it. When your schools are being condemned and your kids are calling for library books and for transportation, think about it and what you have done in terms of granting this exemption. Now this exemption is not all. We have concentrated mainly on one person, Steve Wynn who brought this bill here a session ago.
Let me tell you, you have the Venetian Hotel that is being built in Las Vegas, and it can qualify for these same exemptions. Every hotel that you have in Nevada and others besides can qualify for these same exemptions. My dear friend and colleague, Senator O’Connell, had this studied and went out and looked at these exemptions. They came back with a report of the exemptions that we have already granted, $667 million each year in exemptions. We are now adding to those exemptions. What does that mean? It means that as this Legislature has seen during this session that we are going to be fighting to try and obtain money to build schools and educate our children because once you give exemptions that are over 30 percent of your general fund, you are going to have to find that money from somewhere else to try to take care of the needs of this State. We have done it this session. We have raised some fees and have tried to cut some people short. We raised bonding capacity trying to meet these meets. Yet, we cannot see that when we pass such legislation what it is doing to the children in the future of education in this State. Think about that when you vote yea to the concurrence on this.
Senator Schneider:
Let me first make a statement that my wife is on the Nevada State Council of the Arts and is a director on that board. If there is money coming back she will be allocating to the different art organizations of this State. I do not see that there is any conflict on this matter for me. Also, I stand in opposition to what my good friend, the Senator from North Las Vegas has said. I do not see the $15 million tax break that is going on. In this case, the Bellagio Hotel is an art dealer and they do not pay the sales tax. Actually, our development office said that with the money spent on this development, we actually will receive $8 million more in tax revenue just from this type of development. I think that is a big plus to our state revenues. Also, we talk about education here. We do not have any art in this State. I checked and found that we have not paid any tax dollars on art coming into this State and do not have any really good collections. I think that this is such a benefit to our children of this State. The Assembly did a good thing in upping it to a minimum of 60 days. They do have to make a reservation because those classes are going in with their teachers to view this art. This is a very good thing. There is curriculum that will be developed for the Clark County School District at the expense of the Bellagio Resort. I think this is a great thing for our State. I would like the 253 Committee to look at this over the next biennium and really analyze it and tell us what we have and how much of a bang for the buck we have here. I think this is a tremendous investment. As I said before, this is a public/private partnership. We have invested no money. Our partner has invested almost $400 million. The hotel has said that they will not take a profit on any of this. All profits will be turned over to the state arts. I think this is just a tremendous opportunity for us. We need to encourage this. I would like us to analyze this over the interim. I think it will show that this is a huge, huge advantage for our State over other states.
Senator McGinness:
I would like to clarify a couple of things. This is not a whole lot different than when you pay your taxes. If you have a donation to a charitable organization, you can deduct it from your income taxes. You don’t pay the tax. That is exactly what happens if there are any revenues from the operation of this facility, if they are not donated, the taxpayer would have to pay the taxes on those. The reference to NRS 374.291 and the exemptions from that, that is the entire sales tax package. We can exempt all of those sales taxes except the two percent that was put in by the voters in the 1950s. That does include some school support tax but there are other taxes in there as well for county operations. The $15 million that was talked about as being lost from sales tax, that was not coming to the State. People that were collecting pieces of fine art were not taking possession of them in Nevada. They were taking possession of them in Oregon or other states that gave exemptions for such things. If somebody did buy a $5 million piece of art, the only way the tax department would know to collect would be if the purchaser called them up and said to come over and collect the taxes on this. It was not happening. There has been and will be a net revenue to the State in addition to the donations to the charitable organization.
Senator O’Donnell:
Thank you, Madam President. I have noticed over the last five to ten years this adversarial attitude towards casinos and the economic engine that drives this State. I remember, as a kid, the Fremont Hotel which was our first high-rise, all seven stories. It was the most magnificent scene in Las Vegas. That was it. Everything else was two stories or less. When the Fremont Hotel was built down on Fremont Street, it attracted visitors. Wayne Newton appeared at the top and as high school kids we used to sneak in the back and make fun of him. I watched this city grow. Over the last 40 or 50 years, I have seen it change from a dust bowl to a magnificent almost Disneyland-type attraction. It is our job here in the Legislature to tweak the laws, to tweak the tax laws, to make it advantageous for the various businesses that we want to reside in our State to become profitable so that they do, in fact, pay taxes. That economic engine equates to jobs. Those jobs equate to schools. Those school equate to churches. Whenever the hotels do very well there is a lot of building that goes on in Las Vegas. We have a lot of people who move here. Why? Because the quality of life is exceptional. The jobs are plentiful. I look at it this way, I had a phone call from a constituent who argued vociferously against giving a tax break to anyone regarding art. I said to him, “If they want a volcano and think that is going to attract tourism and is going to be good for our State, give them a volcano. If they want a pond and it is going to attract visitors, give them a pond. If they want an art museum and it is going to attract visitors, give them an art museum and tweak our taxes to that extent.” Forty-seven percent of our budget comes from gaming and comes from those tourists who come to these facilities that we as legislators allow to happen through the tweaking of this legislation, tweaking of the law to allow economic diversification. If we did not have that dependence on gaming and did not have that economic engine running, we would have to stop today and double everybody’s property tax because there would not be any revenue. The more we bash our gaming industry and the more we think they are an adversary, the more we better look to our own wallet to start paying our bills because they are paying 47 percent of it right now. If it is good for the city, give it to them. It makes sense. In the big picture, it makes sense. In the long run, the whole State of Nevada will benefit.
Senator Titus:
I just have a question. We have heard a lot about the different exemptions. I believe it was the Chairman of the Taxation Committee who mentioned that one of the parties who has been referred to here as an art dealer so that he doesn’t have to pay some sort of tax anyway. What I wondered was if an art dealer sells a picture here in Nevada to somebody in New York or somewhere else out of this collection, is there any sales tax on that? Who pays it and how do we track that? What is the story on that end?
Senator McGinness:
Thank you, Madam President. I have been advised that if the purchaser takes delivery in Nevada he would pay Nevada sales tax. If he takes delivery in another state, it would be applicable in that state.
Senators Neal, Titus and Coffin requested a roll call vote on Senator McGinness’ motion.
Senators Raggio, James and Jacobsen moved the previous question.
Motion carried.
The question being that the Senate concur in the Assembly amendment to Senate Bill No. 521.
Roll call on Senator McGinness’ motion:
Yeas—14
Nays—Amodei, Care, Coffin, Neal, O’Connell, Titus, Wiener—7.
The motion having received a majority, Madam President declared it carried.
Bill ordered enrolled.
Senate Bill No. 387.
The following Assembly amendment was read:
Amendment No. 989.
Amend section 1, page 2, line 6, by deleting “If” and inserting: “Except as otherwise provided in this subsection, if”.
Amend section 1, page 2, line 11, by deleting “another” and inserting “one other”.
Amend section 1, page 2, line 12, after “area.” by inserting: “An operator of a tow car is not eligible for inclusion on the list if the operator is insured under the same policy of insurance as two or more other operators of tow cars who are included on the list and operate in the same geographical area.”.
Amend sec. 2, page 2, by deleting line 16 and inserting: “operator of a tow car who:
(a) Is eligible pursuant to NRS 706.4485 to be included on the list; and
(b) Was included on the list on June 30, 1998, and”.
Amend sec. 2, page 2, by deleting line 18 and inserting: “solely on the ground that the operator was insured under the same policy of insurance as one other operator of a tow car who was included on the list and operated in the same geographical area.”.
Amend sec. 2, page 2, by deleting line 22 and inserting: “list pursuant to NRS 706.4485.”.
Senator O’Donnell moved that the Senate concur in the Assembly amendment to Senate Bill No. 387.
Remarks by Senator O’Donnell.
Motion carried.
Bill ordered enrolled.
MOTIONS, RESOLUTIONS AND NOTICES
Senator O’Donnell moved that Senate Bill No. 152 be taken from Unfinished Business and placed on Unfinished Business on the next agenda.
Remarks by Senator O’Donnell.
Motion carried.
UNFINISHED BUSINESS
Consideration of Assembly Amendments
Senate Bill No. 302.
The following Assembly amendment was read:
Amendment No. 1091.
Amend the bill as a whole by deleting sections 1 and 2 and adding new sections designated sections 1 and 2, following the enacting clause, to read as follows:
“Section 1. Chapter 405 of NRS is hereby amended by adding thereto a new section to read as follows:
A gate that:
1. Operates by electrical power;
2. Provides access for vehicular traffic; and
3. Is installed on or after March 1, 2000,
must comply with the requirements of the Underwriters Laboratories Inc. Standard for Safety 325, as published on September 18, 1998, and effective on March 1, 2000.
Sec. 2. This act becomes effective on March 1, 2000.”.
Amend the title of the bill to read as follows:
“AN ACT relating to gates that provide access for vehicular traffic; requiring that certain gates comply with certain safety standards; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Requires that certain gates comply with certain safety standards. (BDR 35-226)”.
Senator O’Donnell moved that the Senate do not concur in the Assembly amendment to Senate Bill No. 302.
Remarks by Senator O’Donnell.
Motion carried.
Bill ordered transmitted to the Assembly.
Recede From Senate Amendments
Senator O’Donnell moved that the Senate recede from its action on Assembly Bill No. 76.
Remarks by Senator O’Donnell.
Motion carried.
Senator O’Donnell moved that the Senate recede from its action on Assembly Bill No. 272.
Remarks by Senator O’Donnell.
Motion carried.
Senator Rawson moved that the Senate do not recede from its action on Assembly Bill No. 280, 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. 280.
Recede From Senate Amendments
Senator Rhoads moved that the Senate do not recede from its action on Assembly Joint Resolution No. 1, 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 Rhoads.
Motion carried.
Appointment of Conference Committees
Madam President appointed Senators Jacobsen, Coffin and McGinness as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Assembly Joint Resolution No. 1.
Madam President appointed Senators Jacobsen, Amodei and Wiener as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Senate Bill No. 381.
SECOND READING AND AMENDMENT
Senate Bill No. 236.
Bill read second time.
The following amendment was proposed by the Committee on Finance:
Amendment No. 1140.
Amend section 1, page 1, by deleting lines 1 through 4 and inserting:
“Section 1. 1. There is hereby appropriated from the state general fund to the Lincoln County School District the sum of $1,000,000 for the construction of an elementary school to replace a school building that has been found unsafe, structurally unsound and unsuitable for continued use as a school.
2. The appropriation made by subsection 1 is contingent upon a determination by the State Board of Examiners that:
(a) The total ad valorem tax levy upon property within the Lincoln County School District for all public purposes is not less than the maximum authorized pursuant to NRS 361.453;
(b) The taxable value of the taxable property within the Lincoln County School District is decreasing; and
(c) Based upon the written conclusions of appropriately licensed experts, the acquisition, construction or repair of school facilities is necessary to alleviate a substantial risk to the public safety.
3. On or before January 15, 2001, the Lincoln County School District shall submit to the Department of Administration and the Fiscal Analysis Division of the Legislative Counsel Bureau a final report of expenditures of the appropriation made by subsection 1.”.
Amend sec. 2, page 1, lines 6 and 7, by deleting: “the project is completed”
and inserting: “June 30, 2001,”.
Amend the title of the bill by deleting the first and second lines and inserting:
“AN ACT making an appropriation to the Lincoln County School District for the construction of an elementary school to replace an unsafe existing school;”.
Amend the summary of the bill to read as follows:
“SUMMARY—Makes appropriation to Lincoln County School District for construction of elementary school to replace unsafe existing school. (BDR S‑1505)”.
Senator Raggio moved the adoption of the amendment.
Remarks by Senators Raggio and Neal.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
UNFINISHED BUSINESS
Recede From Senate Amendments
Senator Rawson moved that the Senate do not recede from its action on Assembly Bill No. 527, 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 Rawson, Neal and Mathews as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Assembly Bill No. 527.
SECOND READING AND AMENDMENT
Assembly Bill No. 323.
Bill read second time and ordered to third reading.
Assembly Bill No. 342.
Bill read second time and ordered to third reading.
Assembly Bill No. 684.
Bill read second time and ordered to third reading.
Assembly Bill No. 686.
Bill read second time and ordered to third reading.
Assembly Joint Resolution No. 22.
Resolution read second time and ordered to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Assembly Concurrent Resolution No. 15.
Senator Raggio moved that the resolution be referred to the Committee on Finance.
Motion carried.
UNFINISHED BUSINESS
Consideration of Assembly Amendments
Senate Bill No. 47.
The following Assembly amendment was read:
Amendment No. 1030.
Amend section 1, page 1, line 8, after “district” by inserting: “or the governing body of the charter school”.
Amend section 1, page 1, line 11, after “district” by inserting: “or governing body”.
Amend section 1, page 2, by deleting lines 1 through 4 and inserting: “or the governing body of the charter school by whom he is employed:
(a) A written statement indicating that the teacher understands that if he does not teach in a public school in this state, including, without limitation, a charter school, for at least 2 years after the date on which he receives the reimbursement, he will be required to repay the reimbursement to the Department of Education;
(b) Proof that he has acquired the certification; and
(c) A statement of the costs incurred by the teacher in acquiring the certification.
4. A school district or the governing body of a charter school shall verify the certification and the statement of costs submitted by a teacher pursuant to subsection 3. Upon verification, the school district or governing body shall notify the Department of Education of the”.
Amend section 1, page 2, line 7, by deleting “reimbursed.” and inserting: “reimbursed if the teacher agrees to teach in a public school in this state, including, without limitation, a charter school, for at least 2 years after the date on which he receives the reimbursement.”.
Amend section 1, page 2, line 12, by deleting “4.” and inserting:
“5. Except as otherwise provided in this subsection, if a teacher who receives a reimbursement pursuant to this section does not teach in a public school in this state, including, without limitation, a charter school, for at least 2 years after the date on which he received the reimbursement, the teacher shall repay the full amount of the reimbursement to the Department of Education. The teacher may request that the Department of Education grant a waiver from the repayment required by this subsection. The Department of Education may grant a wavier if the Department determines that the teacher suffers from a hardship that warrants a waiver. The Department of Education shall prescribe the procedures for the repayment required by this subsection and the procedures for a teacher to request a waiver from the repayment. The Department of Education shall use any money that it receives pursuant to this subsection to reimburse the costs of other teachers who acquire certification by the National Board of Professional Teaching Standards.
6.”.
Amend the title of the bill, third line, after “Standards;” by inserting: “requiring a teacher to repay the reimbursement to the Department under certain circumstances;”.
Senator Raggio moved that the Senate concur in the Assembly amendment to Senate Bill No. 47.
Remarks by Senator Raggio.
Motion carried.
Bill ordered enrolled.
Senate Bill No. 451.
The following Assembly amendments were read:
Amendment No. 908.
Amend sec. 5, page 3, by deleting lines 18 and 19 and inserting:
“Sec. 5. Money in the reserve account of an association required by paragraph (b) of subsection 2 of NRS 116.3115 may not be withdrawn without the”.
Amend sec. 5, page 3, by deleting lines 23 through 42.
Amend sec. 6, page 4, line 5, by deleting “7” and inserting “10”.
Amend sec. 6, page 4, line 9, by deleting “community;” and inserting: “community or to any other mailing address designated in writing by the unit’s owner;”.
Amend sec. 7, page 5, by deleting lines 24 through 32 and inserting:
“2. The form for registration must include, without limitation, the information required to be maintained pursuant to paragraph (d) of subsection 4 of NRS 116.1116.”.
Amend sec. 14, page 7, by deleting lines 21 through 29 and inserting:
“(d) Compile and maintain a registration of each association organized within the state which includes, without limitation:
(1) The name, address and telephone number of the association;
(2) The name of the person engaged in property management for the common-interest community or the name of the person who manages the property at the site of the common-interest community;
(3) The names, mailing addresses and telephone numbers of the members of the executive board of the association;
(4) The name of the declarant;
(5) The number of units in the common-interest community; and
(6) The total annual assessment made by the association.”.
Amend sec. 16, page 8, by deleting lines 2 and 3 and inserting:
“116.1201 1. Except as otherwise provided in this
section and NRS [116.1202 and]116.1203,
this chapter applies to all common-interest”.
Amend sec. 16, page 8, by deleting lines 6 through 9 and inserting:
“(a) Associations created for the limited purpose of maintaining:
(1) The landscape of the common elements of a common-interest community;
(2) Facilities for flood control; or
(3) A rural agricultural residential common-interest community.”.
Amend sec. 16, page 8, line 10, by deleting “(c)” and inserting “(b)”.
Amend sec. 16, page 8, line 18, by deleting “(d)” and inserting “(c)”.
Amend sec. 16, page 8, by deleting line 31 and inserting “1992; or”.
Amend sec. 16, page 8, by deleting lines 33 through 36 and inserting: “1992, from providing for a representative form of government.”.
Amend sec. 16, page 8, line 42, after “community” by inserting: “, maintaining facilities for flood control”.
Amend the bill as a whole by adding a new section designated sec. 16.2, following sec. 16, to read as follows:
“Sec. 16.2. NRS 116.1203 is hereby amended to read as follows:
116.1203 1. Except as otherwise provided in subsection 2, if a planned community[:
(a) Contains] contains no more than 12 units and is not subject to any developmental rights , [; or
(b) Provides, in its declaration, that the annual average liability for common expenses of all units restricted to residential purposes, exclusive of optional users’ fees and any insurance premiums paid by the association, may not exceed $500 per unit,]it is subject only to NRS 116.1105, 116.1106 and 116.1107 unless the declaration provides that this entire chapter is applicable.
2. Except for NRS 116.3104, 116.31043, 116.31046 and 116.31138, NRS 116.3101 to 116.3119, inclusive, and 116.11031 to 116.110393, inclusive, to the extent necessary in construing any of those sections, apply to a residential planned community containing more than six units.”.
Amend sec. 19, page 11, by deleting lines 27 through 32 and inserting: “at least a majority of whom must be units’ owners. The executive board shall elect the officers. The members and”.
Amend sec. 19, page 12, by deleting lines 8 and 9 and inserting: “unit may be an officer or member of the executive board. In all events where the person serving”.
Amend sec. 21, page 13, by deleting lines 6 and 7 and inserting: “amounts then due, and control of the account. If the declaration was recorded before October 1, 1999, and, at the time the control of the declarant ends, he has failed to pay his share of the amounts due, the executive”.
Amend sec. 21, page 13, between lines 12 and 13, by inserting: “The provisions of this subsection do not apply to a time share or time-share project governed by the provisions of chapter 119A of NRS.”.
Amend sec. 22, page 14, by deleting lines 14 and 15 and inserting: “against all units’ owners. Any rule that is not so uniformly enforced may not be enforced against any unit’s owner.”.
Amend the bill as a whole by adding a new section designated sec. 24.5, following sec. 24, to read as follows:
“Sec. 24.5. NRS 116.3109 is hereby amended to read as follows:
2. Unless the bylaws specify a larger percentage, a quorum is deemed present throughout any meeting of the executive board if persons entitled to cast 50 percent of the votes on that board are present at the beginning of the meeting.
3. For the purposes of determining whether a quorum is present for the election of any member of the executive board, only the secret written ballots that are returned to the association may be counted.”.
Amend sec. 26, page 18, by deleting lines 36 and 37 and inserting:
“(a) A [full-time
employee of an association who manages only one association.]
person who is engaged in property management for a common-interest
community on October 1, 1999, and is granted an exemption from the requirements
of subsection 2 by the administrator upon demonstration that he is qualified
and competent to engage in property management for a common-interest community.”.
Amend sec. 26, page 19, by deleting lines 2 through 7 and inserting:
“[4.]
5. As used in
this section, “property management” means the physical,”.
Amend sec. 27,
page 19, line 22, by deleting: “4, 5 and 6:” and inserting: “4 [,
5 and 6:]
to 7, inclusive:”.
Amend sec. 27, page 19, by deleting lines 28 and 29 and inserting: “major components of the common elements. The reserve may be used only for”.
Amend sec. 27, page 20, line 9, after “7.” by inserting: “The association of a common-interest community created before January 1, 1992, is not required to make an assessment against a vacant lot located within the community that is owned by the declarant.
8.”.
Amend sec. 27, page 20, line 12, by deleting “8.” and
inserting “[8.]
9.”.
Amend sec. 27, page 20, line 17, by deleting “[or
agreement]”
and inserting: “or written agreement”.
Amend sec. 27, page 20, by deleting line 19 and inserting “allocated.”.
Amend sec. 27, pages 20 and 21, by deleting lines 28 through 43 on page 20 and lines 1 through 7 on page 21 and inserting: “association. If a civil action is commenced pursuant to this paragraph without the required vote or agreement, the action must be ratified within 90 days after the commencement of the action by a vote or written agreement of the owners of the units to which at least a majority of votes of the members of the association are allocated. If the association, after making a good faith effort, cannot obtain the required vote or agreement to commence or ratify such a civil action, the association may thereafter seek to dismiss the action without prejudice only if a vote or written agreement of the owners of the units to which at least a majority of votes of the members of the association are allocated was obtained at the time the approval to commence or ratify the action was sought.
10. At least 10 days before an association commences or seeks to ratify the commencement of a civil action, the association shall provide a written statement to all units’ owners that includes:
(a) A reasonable estimate of the costs of the civil action, including reasonable attorney’s fees;
(b) An explanation of the potential benefits of the civil action and the potential adverse consequences if the association does not commence the action or if the outcome of the action is not favorable to the association; and
(c) All disclosures that are required to be made upon the sale of the property.
11. No person other than a unit’s owner may request the dismissal of a civil action commenced by the association on the ground that the association failed to comply with any provision of this section.”.
Amend sec. 28,
page 21, line 16, by deleting “association.” and inserting: “association [.]
used for residential use.”.
Amend sec. 28.5, page 21, line 38, by deleting “association.” and inserting: “association used for residential use.”.
Amend sec. 30, page 23, line 21, by deleting “or”.
Amend sec. 30, page 23, by deleting lines 23 through 36 and inserting: “the purchaser without penalty; or
(g) Disposition of a unit in a planned community [in
which the declaration limits the average annual assessment of any unit to not
more than $500, exclusive of optional users’ fees and any insurance premiums
paid by the association, or] which contains no more than 12 units if:
(1) The declarant
reasonably believes in good faith that the maximum [stated]
assessment stated in the declaration will be sufficient
to pay the expenses of the planned community; and
(2) The declaration cannot be amended to increase the assessment during the period of the declarant’s control without the consent of all units’ owners.
3. Except as otherwise provided in subsection 2, the provisions of NRS 116.4101 to 116.412, inclusive, do not apply to a planned community described in NRS 116.1203.”.
Amend the bill as a whole by adding a new section designated sec. 32.5, following sec. 32, to read as follows:
“Sec. 32.5. NRS 119A.165 is hereby amended to read as follows:
provisions of this chapter prevail.
2. Without limiting the generality of subsection 1, the provisions of sections 3 to 13, inclusive, of his act and NRS 116.3103, 116.31031, 116.31034, 116.3106, 116.31065, 116.3108 to 116.311, inclusive, 116.31139, 116.31145, 116.3115, 116.31155, 116.31162, 116.41095 and 116.4117 do not apply to a time share or a time-share project.”.
Amend sec. 35, page 30, line 39, by deleting “116.1203,”.
Amend the leadlines of repealed sections by deleting the leadline of NRS 116.1203.
Amend the title of the bill by deleting the fifth and sixth lines and inserting: “interest communities to maintain a registration of each association organized in this state; expanding the authority of”.
Amendment No. 946.
Amend sec. 27, page 20, line 37, after “prejudice” by inserting: “for that reason”.
Senator Townsend moved that the Senate do not concur in the Assembly amendments to Senate Bill No. 451.
Remarks by Senator Townsend.
Conflict of interest declared by Senators James and Amodei.
Motion carried.
Bill ordered transmitted to the Assembly.
Recede From Senate Amendments
Senator Townsend moved that the Senate recede from its action on Assembly Bill No. 610.
Remarks by Senator Townsend.
Motion carried.
Senator Townsend moved that the Senate do not recede from its action on Assembly Bill No. 431, 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 Townsend, Rhoads and Shaffer as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Assembly Bill No. 431.
INTRODUCTION, READING AND REFERENCE
Assembly Bill No. 224.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
Assembly Bill No. 324.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
Assembly Bill No. 480.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
Assembly Bill No. 687.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
Senator Raggio moved that the Senate recess until 4:25 p.m.
Motion carried.
Senate in recess at 2:45 p.m.
SENATE IN SESSION
At 4:30 p.m.
President Hunt presiding.
Quorum present.
Special Orders of the Day
Veto Message of the Governor
The hour of 4:30 p.m. having arrived, Vetoed Senate Bill No. 182 of the 70th Session was considered.
Vetoed Senate Bill No. 182 of the 70th Session.
Bill read.
Governor’s message stating his objections read.
MESSAGES FROM THE GOVERNOR
State of Nevada
Executive Chamber
Carson City, Nevada
May 25, 1999
The Honorable William Raggio, Majority Leader, Nevada State Senate, Legislative Building, Carson City, Nevada 89710
Dear Senator Raggio:
Attached herewith is Senate Bill No. 182 of the 1999 legislative session, which I am returning to you within the constitutional limit without my signature and without approval. I am vetoing the bill, with the knowledge and consent of the bill’s requestor, because of a technical error.
Senate Bill No. 182 amends the charter of the City of North Las Vegas. The City requested the measure to impose its water user fee on a “per housing unit” rather than “per customer” basis. Under current law, an entire apartment complex and a single family home are both charged the same per unit fee, and witness testified that the proposed changes in the bill would provide a fairer fee structure. However, the bill deletes entirely any reference to customer and replaces it with “housing unit.” Housing unit, as defined in Senate Bill No. 182, excludes businesses and any other facilities other than residential dwellings.
Let me be clear that I am vetoing Senate Bill No. 182 not because of a public policy concern but rather because of a technical error in the language of the bill.
Sincerely,
Kenny C. Guinn
The question was put: “Shall the bill pass, notwithstanding the objections of the Governor?
Remarks by Senators O’Connell and Neal.
The roll was called, and the Senate sustained the veto of the Governor by the following vote.
Roll call on Senate Bill No. 182 of the 70th Session.
Yeas—None.
Nays—Amodei, Care, Carlton, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Raggio, Rawson, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington, Wiener—21.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Porter moved that Senate Bill No. 432 be taken from the Secretary's desk and placed on the bottom of the General File.
Remarks by Senator Porter.
Motion carried.
UNFINISHED BUSINESS
Consideration of Assembly Amendments
Senate Bill No. 152.
The following Assembly amendment was read:
Amendment No. 892.
Amend the bill as a whole by renumbering sections 1 and 2 as sections 6 and 7 and adding new sections designated sections 1 through 5, following the enacting clause, to read as follows:
“Section 1. NRS 483.025 is hereby amended to read as follows:
Sec. 2. NRS 483.461 is hereby amended to read as follows:
2. If a revocation or suspension of a person’s license, permit or privilege to drive for a violation of NRS 62.227, 484.379 or 484.3795 follows a suspension ordered pursuant to subsection 1, the department shall:
(a) Cancel the suspension ordered pursuant to subsection 1; and
(b) Give the person credit toward the period of revocation or suspension ordered pursuant to NRS 62.227, 484.379 or 484.3795, whichever is applicable, for any period during which the person’s license, permit or privilege to drive was suspended pursuant to subsection 1.
3. This section does not preclude:
(a) The prosecution of a person for a violation of any other provision of law; or
(b) The suspension or revocation of a person’s license, permit or privilege to drive pursuant to any other provision of law.
Sec. 3. NRS 483.462 is hereby amended to read as follows:
(a) Had reasonable grounds to believe that the person was driving under the influence of alcohol;
(b) Served an order of suspension on the person pursuant to subsection 2; and
(c) Issued the person a temporary license pursuant to subsection 2.
2. If a person less than 21 years of age to whom a test is given pursuant to NRS 484.382 or 484.383 is present when a peace officer receives the result of the test and the test indicates that the person has a concentration of alcohol of 0.02 or more but less than 0.10 [percent by weight of alcohol] in his blood[,] or breath, the peace officer shall:
(a) Serve an order of suspension of the license, permit or privilege;
(b) Seize any license or permit of the person;
(c) Advise the person of his right to:
(1) Administrative and judicial review of the suspension; and
(2) Have a temporary license;
(d) If the person requests a temporary license, issue the person a temporary license on a form approved by the department which becomes effective 24 hours after he receives the temporary license and expires 120 hours after it becomes effective; and
(e) Transmit to the department:
(1) Any license or permit seized pursuant to paragraph (b); and
(2) The written certificate which the peace officer is required to prepare pursuant to subsection 1.
3. If a person less than 21 years of age to whom a test is given pursuant to NRS 484.382 or 484.383 is not present when a peace officer receives the result of the test and the test indicates that the person has a concentration of alcohol of 0.02 or more but less than 0.10 [percent by weight of alcohol] in his blood[,] or breath, the peace officer shall transmit to the department a copy of the result of the test and the written certificate which the peace officer is required to prepare pursuant to subsection 1.
4. The department, upon receiving a copy of the result of the test and the written certificate transmitted by the peace officer pursuant to subsection 3, shall:
(a) Review the result of the test and the written certificate; and
(b) If the department determines that it is appropriate, issue an order to suspend the license, permit or privilege to drive of the person by mailing the order to the person at his last known address.
5. An order for suspension issued by the department pursuant to subsection 4 must:
(a) Explain the grounds for the suspension;
(b) Indicate the period of the suspension;
(c) Require the person to transmit to the department any license or permit held by the person; and
(d) Explain that the person has a right to administrative and judicial review of the suspension.
6. An order for suspension issued by the department pursuant to subsection 4 is presumed to have been received by the person 5 days after the order is deposited, postage prepaid, in the United States mail by the department. The date of mailing of the order may be shown by a certificate that is prepared by an officer or employee of the department specifying the date of mailing.
Sec. 4. NRS 483.463 is hereby amended to read as follows:
2. Unless the parties agree otherwise, the hearing must be conducted within 15 days after receipt of the request or as soon thereafter as is practicable in the county in which the requester resides.
3. The director or his agent may:
(a) Issue subpoenas for:
(1) The attendance of witnesses at the hearing; and
(2) The production of relevant books and papers; and
(b) Require a re-examination of the requester.
4. The scope of the hearing must be limited to the issues of whether the person, at the time of the test:
(a) Was less than 21 years of age; and
(b) Had a concentration of alcohol of 0.02 [percent] or more but less than 0.10 [percent by weight of alcohol] in his blood[.] or breath.
5. The department shall issue the person a temporary license for a period that is sufficient to complete the administrative hearing.
6. Upon an affirmative finding on the issues listed in subsection 4, the department shall affirm the order of suspension. Otherwise, the order of suspension must be rescinded.
7. If the order of suspension is affirmed by the department, the person is entitled to judicial review of the issues listed in subsection 4 in the manner provided in chapter 233B of NRS.
8. The court shall notify the department upon issuing a stay. Upon receiving such notice, the department shall issue an additional temporary license for a period that is sufficient to complete the judicial review.
9. The hearing officer or the court shall notify the department if the hearing officer grants a continuance of the administrative hearing or the court grants a continuance after issuing a stay of the suspension. Upon receiving such notice, the department shall cancel any temporary license granted pursuant to this section and notify the holder by mailing an order of cancellation to the last known address of the holder.
Sec. 5. NRS 483.922 is hereby amended to read as follows:
2. The tests must be administered pursuant to NRS 484.383 at the direction of a police officer who, after stopping or detaining the driver of a commercial motor vehicle, has reasonable grounds to believe that the driver was driving a commercial motor vehicle while under the influence of intoxicating liquor or a controlled substance.”.
Amend section 1, page 1, by deleting lines 3 through 7 and inserting: “0.10 or more [by weight of alcohol] in his blood [” includes a concentration of alcohol in the blood or breath of a person of] or breath” means 0.10 gram or more [by weight] of alcohol [:
1. Per] per 100 milliliters of [his blood; or
2. Per] the blood of a person or per 210 liters of his breath.”.
Amend the bill as a whole by adding new sections designated sections 8 through 41, following sec. 2, to read as follows:
“Sec. 8. NRS 484.37943 is hereby amended to read as follows:
2. If a person is convicted of a violation of NRS 484.379 and he is under 21 years of age at the time of the violation, the court shall, before sentencing the offender, require an evaluation of the offender pursuant to subsection 3, 4 or 5 to determine whether he is an abuser of alcohol or other drugs.
3. Except as otherwise provided in subsection 4 or 5, the evaluation of an offender pursuant to this section must be conducted at an evaluation center by:
(a) A counselor certified to make that evaluation by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation;
(b) A physician certified to make that evaluation by the board of medical examiners; or
(c) A person who is approved to make that evaluation by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation,
who shall report to the court the results of the evaluation and make a recommendation to the court concerning the length and type of treatment required for the offender.
4. The evaluation of an offender who resides more than 30 miles from an evaluation center may be conducted outside an evaluation center by a person who has the qualifications set forth in subsection 3. The person who conducts the evaluation shall report to the court the results of the evaluation and make a recommendation to the court concerning the length and type of treatment required for the offender.
5. The evaluation of an offender who resides in another state may, upon approval of the court, be conducted in the state where the offender resides by a physician or other person who is authorized by the appropriate governmental agency in that state to conduct such an evaluation. The offender shall ensure that the results of the evaluation and the recommendation concerning the length and type of treatment for the offender are reported to the court.
6. An offender who is evaluated pursuant to this section shall pay the cost of the evaluation. An evaluation center or a person who conducts an evaluation in this state outside an evaluation center shall not charge an offender more than $100 for the evaluation.
Sec. 9. NRS 484.3795 is hereby amended to read as follows:
(a) Is under the influence of intoxicating liquor;
(b) Has a concentration of alcohol of 0.10 [percent] or more [by weight of alcohol] in his blood[;] or breath;
(c) Is found by measurement within 2 hours after driving or being in actual physical control of a vehicle to have a concentration of alcohol of 0.10 [percent] or more [by weight of alcohol] in his blood[;] or breath;
(d) Is under the influence of a controlled substance, or under the combined influence of intoxicating liquor and a controlled substance; or
(e) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely driving or exercising actual physical control of a vehicle,
and does any act or neglects any duty imposed by law while driving or in actual physical control of any vehicle on or off the highways of this state, if the act or neglect of duty proximately causes the death of, or substantial bodily harm to, a person other than himself, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years and must be further punished by a fine of not less than $2,000 nor more than $5,000. A person so imprisoned must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.
2. A prosecuting attorney shall not dismiss a charge of violating the provisions of subsection 1 in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial. A sentence imposed pursuant to subsection 1 may not be suspended nor may probation be granted.
3. If consumption is proven by a preponderance of the evidence, it is an affirmative defense under paragraph (c) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after driving or being in actual physical control of the vehicle, and before his blood or breath was tested, to cause [the] him to have a concentration of alcohol of 0.10 or more in his blood [to equal or exceed 0.10 percent.] or breath. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.
4. If the defendant was transporting a person who is less than 15 years of age in the motor vehicle at the time of the violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.
Sec. 10. NRS 484.382 is hereby amended to read as follows:
2. If the person fails to submit to the test, the officer shall seize his license or permit to drive as provided in NRS 484.385 and arrest him and take him to a convenient place for the administration of a reasonably available evidentiary test under NRS 484.383.
3. The result of the preliminary test must not be used in any criminal action, except to show there were reasonable grounds to make an arrest.
Sec. 11. NRS 484.383 is hereby amended to read as follows:
2. If the person to be tested pursuant to subsection 1 is dead or unconscious, the officer shall direct that samples of blood from the person be tested.
3. Any person who is afflicted with hemophilia or with a heart condition requiring the use of an anticoagulant as determined by a physician is exempt from any blood test which may be required pursuant to this section but must, when appropriate pursuant to the provisions of this section, be required to submit to a breath or urine test.
4. If the [alcoholic content of] concentration of alcohol in the blood or breath of the person to be tested is in issue:
(a) Except as otherwise provided in this section, the person may refuse to submit to a blood test if means are reasonably available to perform a breath test.
(b) The person may request a blood test, but if means are reasonably available to perform a breath test when the blood test is requested, and the person is subsequently convicted, he must pay for the cost of the blood test, including the fees and expenses of witnesses in court.
(c) A police officer may direct the person to submit to a blood test as set forth in subsection 7 if the officer has reasonable grounds to believe that the person:
(1) Caused death or substantial bodily harm to another person as a result of driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance; or
(2) Has been convicted within the previous 7 years of:
(I) A violation of NRS 484.379, 484.3795, subsection 2 of NRS 488.400, NRS 488.410 or 488.420 or a law of another jurisdiction that prohibits the same or similar conduct; or
(II) Any other offense in this state or another jurisdiction in which death or substantial bodily harm to another person resulted from driving, operating or being in actual physical control of a vehicle or a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance.
5. If the presence of a controlled substance in the blood of the person is in issue, the officer may direct him to submit to a blood or urine test, or both, in addition to the breath test.
6. Except as otherwise provided in subsections 3 and 5, a police officer shall not direct a person to submit to a urine test.
7. If a person to be tested fails to submit to a required test as directed by a police officer pursuant to this section and the officer has reasonable grounds to believe that the person to be tested was driving or in actual physical control of a motor vehicle while under the influence of intoxicating liquor or a controlled substance, the officer may direct that reasonable force be used to the extent necessary to obtain samples of blood from the person to be tested. Not more than three such samples may be taken during the 5-hour period immediately following the time of the initial arrest. In such a circumstance, the officer is not required to provide the person with a choice of tests for determining the [alcoholic content] concentration of alcohol or presence of a controlled substance in his blood.
8. If a person who is less than 18 years of age is directed to submit to an evidentiary test pursuant to this section, the officer shall, before testing the person, make a reasonable attempt to notify the parent, guardian or custodian of the person, if known.
Sec. 12. NRS 484.384 is hereby amended to read as follows:
2. If a revocation of a person’s license, permit or privilege to drive under NRS 62.227 or 483.460 follows a revocation under subsection 1 which was based on his having a concentration of alcohol of 0.10 [percent] or more [by weight of alcohol] in his blood[,] or breath, the department shall cancel the revocation under that subsection and give the person credit for any period during which he was not eligible for a license, permit or privilege.
3. Periods of ineligibility for a license, permit or privilege to drive which are imposed pursuant to this section must run consecutively.
Sec. 13. NRS 484.385 is hereby amended to read as follows:
2. When a police officer has served an order of revocation of a driver’s license, permit or privilege on a person pursuant to subsection 1, or later receives the result of an evidentiary test which indicates that a person, not then present, had a concentration of alcohol of 0.10 [percent] or more [by weight of alcohol] in his blood or breath or had a detectable amount of a controlled substance in his system, the officer shall immediately prepare and transmit to the department, together with the seized license or permit and a copy of the result of the test, a written certificate that he had reasonable grounds to believe that the person had been driving or in actual physical control of a vehicle with a concentration of alcohol of 0.10 [percent] or more [by weight of alcohol] in his blood or breath or with a detectable amount of a controlled substance in his system, as determined by a chemical test. The certificate must also indicate whether the officer served an order of revocation on the person and whether he issued the person a temporary license.
3. The department, upon receipt of such a certificate for which an order of revocation has not been served, after examining the certificate and copy of the result of the chemical test, if any, and finding that revocation is proper, shall issue an order revoking the person’s license, permit or privilege to drive by mailing the order to the person at his last known address. The order must indicate the grounds for the revocation and the period during which the person is not eligible for a license, permit or privilege to drive and state that the person has a right to administrative and judicial review of the revocation and to have a temporary license. The order of revocation becomes effective 5 days after mailing.
4. Notice of an order of revocation and notice of the affirmation of a prior order of revocation or the cancellation of a temporary license provided in NRS 484.387 is sufficient if it is mailed to the person’s last known address as shown by any application for a license. The date of mailing may be proved by the certificate of any officer or employee of the department, specifying the time of mailing the notice. The notice is presumed to have been received upon the expiration of 5 days after it is deposited, postage prepaid, in the United States mail.
5. As used in this section, “controlled substance” means any of the following substances for which a valid prescription has not been issued to the consumer:
(a) Amphetamine;
(b) Benzoylecgonine;
(c) Cocaine;
(d) Heroin;
(e) Lysergic acid diethylamide;
(f) Mecloqualone;
(g) Mescaline;
(h) Methamphetamine;
(i) Methaqualone;
(j) Monoacetylmorphine;
(k) Phencyclidine;
(l) N-ethylamphetamine;
(m) N, N-dimethylamphetamine;
(n) 2, 5-dimethoxyamphetamine;
(o) 3, 4-methylenedioxyamphetamine;
(p) 3, 4, 5-trimethoxyamphetamine;
(q) 4-bromo-2, 5-dimethoxyamphetamine;
(r) 4-methoxyamphetamine;
(s) 4-methyl-2, 5-dimethoxyamphetamine;
(t) 5-dimethoxy-alpha-methylphenethylamine; or
(u) 5-methoxy-3, 4-methylenedioxyamphetamine,
if the substance is classified in schedule I or II pursuant to NRS 453.166 or 453.176 at the time the substance is consumed.
Sec. 14. NRS 484.386 is hereby amended to read as follows:
(a) The difference between the [percentage] concentration of alcohol in the person’s breath indicated by the two samples is less than or equal to 0.02;
(b) If the provisions of paragraph (a) do not apply, a third evidentiary test of breath is administered and the difference between the [percentage] concentration of alcohol in the person’s breath indicated by the third sample and one of the two samples is less than or equal to 0.02; or
(c) If the provisions of paragraphs (a) and (b) do not apply, a fourth evidentiary test is administered. Except as otherwise provided in NRS 484.383, the fourth evidentiary test must be a blood test.
2. If the person fails to provide the second or third consecutive sample, or to submit to the fourth evidentiary test, the results of the test may be used alone as evidence of the [percentage] concentration of alcohol in the person’s breath. If for some other reason a second, third or fourth sample is not obtained, the results of the test may be used with all other evidence presented to establish the [percentage.] concentration.
3. If a person refuses or otherwise fails to provide a second or third consecutive sample or submit to a fourth evidentiary test, a police officer may direct that reasonable force be used to obtain a sample or conduct a test pursuant to NRS 484.383.
Sec. 15. NRS 484.387 is hereby amended to read as follows:
2. The scope of the hearing must be limited to the issue of whether the person, at the time of the test, had a concentration of alcohol of 0.10 [percent] or more [by weight of alcohol] in his blood or breath or a detectable amount of a controlled substance in his system. Upon an affirmative finding on this issue, the department shall affirm the order of revocation. Otherwise, the order of revocation must be rescinded.
3. If, after the hearing, the order of revocation is affirmed, the person whose license, privilege or permit has been revoked is entitled to a review of the same issues in district court in the same manner as provided by chapter 233B of NRS. The court shall notify the department upon the issuance of a stay and the department shall issue an additional temporary license for a period which is sufficient to complete the review.
4. If a hearing officer grants a continuance of a hearing at the request of the person whose license was revoked, or a court does so after issuing a stay of the revocation, the officer or court shall notify the department, and the department shall cancel the temporary license and notify the holder by mailing the order of cancellation to his last known address.
Sec. 16. NRS 484.3882 is hereby amended to read as follows:
484.3882 1. The committee on testing for intoxication shall:
(a) In the manner set forth in subsection 2, certify a device that the committee determines is designed and manufactured to be accurate and reliable for the purpose of testing a person’s breath to determine the [percent by weight] concentration of alcohol in the person’s breath; and
(b) Create, maintain and make available to the public, free of charge, a list of those devices certified by the committee, described by manufacturer and type.
2. To determine whether a device is designed and manufactured to be accurate and reliable for the purpose of testing a person’s breath to determine the [percent by weight] concentration of alcohol in the person’s breath, the committee may:
(a) Use the list of qualified products meeting the requirements for evidential breath-testing devices of the National Highway Traffic Safety Administration; or
(b) Establish its own standards and procedures for evaluating those devices and obtain evaluations of the devices from the director or his agent.
3. If such a device has been certified by the committee to be accurate and reliable pursuant tothis section, it is presumed that, as designed and manufactured, the device is accurate and reliable for the purpose of testing a person’s breath to determine the [percent by weight] concentration of alcohol in the person’s breath.
4. This section does not preclude the admission of evidence of the [amount] concentration of alcohol in a person’s breath where the information is obtained through the use of a device other than one of a type certified by the committee.
Sec. 17. NRS 484.3884 is hereby amended to read as follows:
484.3884 1. The committee on testing for intoxication shall adopt regulations which:
(a) Prescribe standards and procedures for calibrating devices used for testing a person’s breath to determine the [percent by weight] concentration of alcohol in the person’s breath. The regulations must specify the period within which a law enforcement agency that uses such a device must calibrate it or have it calibrated by the director or his agent.
(b) Establish methods for ascertaining the competence of persons to calibrate such devices and provide for the examination and certification of those persons by the department. A certificate issued by the department may not be made effective for longer than 3 years.
(c) Prescribe the form and contents of records respecting the calibration of such devices which must be kept by a law enforcement agency and any other records respecting the maintenance or operation of those devices which it finds should be kept by such an agency.
2. The director shall issue a certificate to any person who is found competent to calibrate such a device or examine others on their competence in that calibration.
Sec. 18. NRS 484.3886 is hereby amended to read as follows:
484.3886 1. The committee on testing for intoxication shall adopt regulations which:
(a) Establish methods for ascertaining the competence of persons to:
(1) Operate devices for testing a person’s breath to determine the [percent by weight] concentration of alcohol in the person’s breath.
(2) Examine prospective operators and determine their competence.
(b) Provide for certification of operators and examiners by the department. A certificate issued by the department may not be made effective for longer than 3 years.
A person who is certified as an examiner is presumed to be certified as an operator.
2. The director shall issue a certificate to any person who is found competent to operate such a device or examine others on their competence in that operation.
3. A court shall take judicial notice of the certification of a person to operate devices of one of the certified types. If a test to determine the [amount] concentration of alcohol in a person’s breath has been performed with a certified type of device by a person who is certified pursuant to this section, it is presumed that the person operated the device properly.
4. This section does not preclude the admission of evidence of a test of a person’s breath where the test has been performed by a person other than one who is certified pursuant to this section.
Sec. 19. NRS 484.3888 is hereby amended to read as follows:
484.3888 1. The committee on testing for intoxication may adopt regulations that require:
(a) The calibration of devices which are used to test a person’s blood or urine to determine the [amount] concentration of alcohol or the presence of a controlled substance in the person’s blood or urine;
(b) The certification of persons who make those calibrations;
(c) The certification of persons who operate devices for testing a person’s blood or urine to determine the [amount] concentration of alcohol or presence of a controlled substance in the person’s blood or urine; and
(d) The certification of persons who examine those operators.
2. The committee may adopt regulations that prescribe the essential procedures for the proper operation of the various types of devices used to test a person’s blood or urine to determine the [amount] concentration of alcohol or the presence of a controlled substance in the person’s blood or urine.
Sec. 20. NRS 484.391 is hereby amended to read as follows:
2. The failure or inability to obtain such a test or tests by such person shall not preclude the admission of evidence relating to the refusal to submit to a test or relating to a test taken upon the request of a police officer.
3. A test obtained under the provisions of this section may not be substituted for or stand in lieu of the test required by NRS 484.383.
Sec. 21. NRS 484.3935 is hereby amended to read as follows:
1. A manufacturer or technician in a laboratory prepares a chemical solution or gas to be used in calibrating a device for testing a person’s breath to determine the [percent by weight] concentration of alcohol in his breath; and
2. The technician makes an affidavit or declaration that the solution or gas has the chemical composition that is necessary for calibrating the device,
it is presumed that the solution or gas has been properly prepared and is suitable for calibrating the device.
Sec. 22. NRS 484.394 is hereby amended to read as follows:
2. The findings of the examinations are a matter of public record and must be reported to the department by the coroner or other public official within 30 days [of] after the death.
3. Blood-alcohol analyses are acceptable only if made by laboratories licensed to perform this function.
Sec. 23. NRS 484.3941 is hereby amended to read as follows:
1. Tests a person’s breath to determine the concentration of alcohol in his breath; and
2. If the results of the test indicate that the person has a concentration of alcohol of 0.02 or more in his [breath that is equal to or greater than 0.02 grams of alcohol per 210 liters of] breath, prevents the motor vehicle in which it is installed from starting.
Sec. 24. NRS 484.3947 is hereby amended to read as follows:
(a) Provide for the certification of each model of those devices, described by manufacturer and model, which it approves as designed and manufactured to be accurate and reliable to test a person’s breath to determine the concentration of alcohol in the person’s breath and, if the results of the test indicate that the person has a concentration of alcohol of 0.02 or more in his [breath that is equal to or greater than 0.02 grams of alcohol per 210 liters of] breath, prevent the motor vehicle in which it is installed from starting.
(b) Prescribe the form and content of records respecting the calibration of devices, which must be kept by the director or his agent, and other records respecting the maintenance and operation of the devices which it finds should be kept by the director or his agent.
2. The committee shall establish its own standards and procedures for evaluating the models of the devices and obtain evaluations of those models from the director or his agent.
3. If a model of a device has been certified by the committee to be accurate and reliable pursuant to subsection 1, it is presumed that, as designed and manufactured, each device of that model is accurate and reliable to test a person’s breath to determine the concentration of alcohol in the person’s breath and, if the results of the test indicate that the person has a concentration of alcohol of 0.02 or more in his [breath that is equal to or greater than 0.02 grams of alcohol per 210 liters of] breath, will prevent the motor vehicle in which it is installed from starting.
Sec. 25. NRS 484.791 is hereby amended to read as follows:
(a) Homicide by vehicle;
(b) Driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or with a concentration of alcohol of 0.10 [percent] or more [by weight of alcohol] in his blood[;] or breath;
(c) Driving or being in actual physical control of a vehicle while under the influence of any controlled substance, under the combined influence of intoxicating liquor and a controlled substance, or after ingesting, applying or otherwise using any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders the person incapable of safely driving or exercising actual physical control of a vehicle;
(d) Failure to stop, give information or render reasonable assistance in the event of an accident resulting in death or personal injuries, as prescribed in NRS 484.219 and 484.223;
(e) Failure to stop or give information in the event of an accident resulting in damage to a vehicle or to other property legally upon or adjacent to a highway, as prescribed in NRS 484.221 and 484.225;
(f) Reckless driving;
(g) Driving a motor vehicle on a highway or on premises to which the public has access at a time when his driver’s license has been canceled, revoked or suspended; or
(h) Driving a motor vehicle in any manner in violation of the restrictions imposed in a restricted license issued to him pursuant to NRS 483.490.
2. Whenever any person is arrested as authorized in this section he must be taken without unnecessary delay before the proper magistrate as specified in NRS 484.803, except that in the case of either of the offenses designated in paragraphs (e) and (f) of subsection 1 a peace officer has the same discretion as is provided in other cases in NRS 484.795.
Sec. 26. NRS 488.405 is hereby amended to read as follows:
1. Per] per 100 milliliters of [his blood ; or
2. Per] the blood of a person or per 210 liters of his breath.
Sec. 27. NRS 488.407 is hereby amended to read as follows:
2. If a person refuses to submit to such a test as directed by a peace officer, evidence of that refusal is admissible in any criminal action to determine whether the person was operating or exercising actual physical control of a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance.
3. The person to be tested must be informed that his refusal to submit to the test is admissible pursuant to subsection 2.
4. Any person who is dead, unconscious or otherwise in a condition rendering him incapable of refusal shall be deemed not to have withdrawn his consent, and any such test may be administered whether or not the person is informed that evidence of his refusal to submit to the test is admissible.
5. Any person who is afflicted with hemophilia or with a heart condition requiring the use of an anticoagulant as determined by a physician is exempt from any blood test which may be required pursuant to this section, but may be required to submit to a test of his breath or urine.
6. Except as otherwise provided in subsection 9, if the [alcoholic content] concentration of alcohol in the blood or breath of the person to be tested is in issue, he may refuse to submit to a blood test if means are reasonably available to perform a breath test. If the person requests a blood test and the means are reasonably available to perform a breath test, and he is subsequently convicted, he must pay for the cost of the substituted test, including the fees and expenses of witnesses in court.
7. If the presence of a controlled substance in the blood of the person is in issue, the officer may direct him to submit to a blood or urine test, or both, in addition to the breath test.
8. Except as otherwise provided in subsections 5 and 7, a peace officer shall not direct a person to submit to a urine test.
9. Except as otherwise provided in this subsection, a person who refuses to submit to a test required by this section must not be tested. If an officer has reasonable cause to believe that:
(a) The person to be tested was operating or in actual physical control of a vessel while under the influence of intoxicating liquor or a controlled substance; and
(b) The person thereby caused the death or substantial bodily harm of another,
the officer may direct that reasonable force be used to the extent necessary to obtain samples of blood from the person to be tested. Not more than three such samples may be taken during the 5-hour period immediately following the time of the initial arrest. In such a circumstance, the officer is not required to provide the person with a choice of tests for determining the [alcoholic content] concentration of alcohol in his blood or breath or presence of a controlled substance in his blood.
Sec. 28. NRS 488.410 is hereby amended to read as follows:
488.410 1. It is unlawful for any person who:
(a) Is under the influence of intoxicating liquor;
(b) Has a concentration of alcohol of 0.10 [percent] or more [by weight of alcohol] in his blood[;] or breath; or
(c) Is found by measurement within 2 hours after operating or being in actual physical control of a vessel to have a concentration of alcohol of 0.10 [percent] or more [by weight of alcohol] in his blood[,] or breath,
to operate or be in actual physical control of a vessel under power or sail on the waters of this state.
2. It is unlawful for any person who:
(a) Is under the influence of any controlled substance;
(b) Is under the combined influence of intoxicating liquor and a controlled substance; or
(c) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely operating or exercising actual physical control of a vessel under power or sail,
to operate or exercise actual physical control of a vessel under power or sail on the waters of this state.
3. If consumption is proven by a preponderance of the evidence, it is an affirmative defense under paragraph (c) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after operating or being in actual physical control of the vessel, and before his blood was tested, to cause [the] him to have a concentration of 0.10 or more of alcohol in his blood [to equal or exceed 0.10 percent.] or breath. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.
Sec. 29. NRS 488.420 is hereby amended to read as follows:
(a) Is under the influence of intoxicating liquor;
(b) Has a concentration of alcohol of 0.10 [percent] or more [by weight of alcohol] in his blood[;] or breath;
(c) Is found by measurement within 2 hours after operating or being in actual physical control of a vessel under power or sail to have a concentration of alcohol of 0.10 [percent] or more [by weight of alcohol] in his blood[;] or breath;
(d) Is under the influence of a controlled substance, or under the combined influence of intoxicating liquor and a controlled substance; or
(e) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely operating or being in actual physical control of a vessel under power or sail,
and does any act or neglects any duty imposed by law while operating or being in actual physical control of any vessel under power or sail, if the act or neglect of duty proximately causes the death of, or substantial bodily harm to, a person other than himself, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years and shall be further punished by a fine of not less than $2,000 nor more than $5,000. A person so imprisoned must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.
2. A prosecuting attorney shall not dismiss a charge of violating the provisions of subsection 1 in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial. A sentence imposed pursuant to subsection 1 must not be suspended, and probation must not be granted.
3. If consumption is proven by a preponderance of the evidence, it is an affirmative defense under paragraph (c) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after operating or being in actual physical control of the vessel under power or sail, and before his blood was tested, to cause [the] him to have a concentration of alcohol of 0.10 or more in his blood [to equal or exceed 0.10 percent.] or breath. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.
4. If a person less than 15 years of age was in the vessel at the time of the defendant’s violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.
Sec. 30. NRS 488.450 is hereby amended to read as follows:
2. If the person fails to submit to the test, the officer shall arrest him and take him to a convenient place for the administration of a reasonably available evidentiary test under NRS 488.460.
3. The result of the preliminary test must not be used in any criminal action, except to show there were reasonable grounds to make an arrest.
Sec. 31. NRS 488.460 is hereby amended to read as follows:
2. If the person to be tested pursuant to subsection 1 is dead or unconscious, the officer shall direct that samples of blood from the person be tested.
3. Any person who is afflicted with hemophilia or with a heart condition requiring the use of an anticoagulant as determined by a physician is exempt from any blood test which may be required pursuant to this section, but must, when appropriate pursuant to the provisions of this section, be required to submit to a breath or urine test.
4. If the [alcoholic content] concentration of alcohol of the blood or breath of the person to be tested is in issue:
(a) Except as otherwise provided in this section, the person may refuse to submit to a blood test if means are reasonably available to perform a breath test.
(b) The person may request a blood test, but if means are reasonably available to perform a breath test when the blood test is requested, and the person is subsequently convicted, he must pay for the cost of the blood test, including the fees and expenses of witnesses in court.
(c) A peace officer may direct the person to submit to a blood test as set forth in subsection 7 if the officer has reasonable grounds to believe that the person:
(1) Caused death or substantial bodily harm to another person as a result of operating or being in actual physical control of a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance; or
(2) Has been convicted within the previous 7 years of:
(I) A violation of NRS 484.379, 484.3795, subsection 2 of NRS 488.400, NRS 488.410 or 488.420 or a law of another jurisdiction that prohibits the same or similar conduct; or
(II) Any other offense in this state or another jurisdiction in which death or substantial bodily harm to another person resulted from driving, operating or being in actual physical control of a vehicle or a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance.
5. If the presence of a controlled substance in the blood of the person is in issue, the officer may direct him to submit to a blood or urine test, or both, in addition to the breath test.
6. Except as otherwise provided in subsections 3 and 5, a peace officer shall not direct a person to submit to a urine test.
7. If a person to be tested fails to submit to a required test as directed by a peace officer pursuant to this section and the officer has reasonable grounds to believe that the person to be tested was operating or in actual physical control of a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance, the officer may direct that reasonable force be used to the extent necessary to obtain samples of blood from the person to be tested. Not more than three such samples may be taken during the 5-hour period immediately following the time of the initial arrest. In such a circumstance, the officer is not required to provide the person with a choice of tests for determining the alcoholic content or presence of a controlled substance in his blood.
Sec. 32. NRS 488.470 is hereby amended to read as follows:
(a) The difference between the [percentage] concentration of alcohol in the person’s breath indicated by the two samples is less than or equal to 0.02;
(b) If the provisions of paragraph (a) do not apply, a third evidentiary test of breath is administered and the difference between the [percentage] concentration of alcohol in the person’s breath indicated by the third sample and one of the two samples is less than or equal to 0.02; or
(c) If the provisions of paragraphs (a) and (b) do not apply, a fourth evidentiary test is administered. Except as otherwise provided in NRS 488.460, the fourth evidentiary test must be a blood test.
2. If the person fails to provide the second or third consecutive sample, or to submit to the fourth evidentiary test, the results of the test may be used alone as evidence of the [percentage] concentration of alcohol in the person’s breath. If for some other reason a second, third or fourth sample is not obtained, the results of the test may be used with all other evidence presented to establish the [percentage.] concentration.
3. If a person refuses or otherwise fails to provide a second or third consecutive sample or submit to a fourth evidentiary test, a peace officer may direct that reasonable force be used to obtain a sample or conduct a test pursuant to NRS 488.460.
Sec. 33. NRS 488.480 is hereby amended to read as follows:
2. A court may not exclude evidence of a required test or failure to submit to such a test if the peace officer or other person substantially complied with the provisions of NRS 488.460.
3. If a person submits to a chemical test provided for in NRS 488.460, full information concerning that test must be made available, upon his request, to him or his attorney.
4. Evidence of a required test is not admissible in a criminal proceeding unless it is shown by documentary or other evidence that the device for testing breath was certified pursuant to NRS 484.3882 and was calibrated, maintained and operated as provided by the regulations of the committee on testing for intoxication adopted pursuant to NRS 484.3884, 484.3886 or 484.3888.
5. If the device for testing breath has been certified by the committee on testing for intoxication to be accurate and reliable pursuant to NRS 484.3882, it is presumed that, as designed and manufactured, the device is accurate and reliable for the purpose of testing a person’s breath to determine the [percent by weight] concentration of alcohol in the person’s breath.
6. A court shall take judicial notice of the certification by the director of a person to operate testing devices of one of the certified types. If a test to determine the amount of alcohol in a person’s breath has been performed with a certified type of device by a person who is certified pursuant to NRS 484.3886 or 484.3888, it is presumed that the person operated the device properly.
7. This section does not preclude the admission of evidence of a test of a person’s breath where the:
(a) Information is obtained through the use of a device other than one of a type certified by the committee on testing for intoxication.
(b) Test has been performed by a person other than one who is certified by the director.
Sec. 34. NRS 488.490 is hereby amended to read as follows:
2. The failure or inability to obtain such a test does not preclude the admission of evidence relating to the refusal to submit to a test or relating to a test taken upon the request of a peace officer.
3. A test obtained under the provisions of this section may not be substituted for or stand in lieu of the test required by NRS 488.460.
Sec. 35. NRS 488.510 is hereby amended to read as follows:
1. A manufacturer or technician in a laboratory prepares a chemical solution or gas to be used in calibrating a device for testing a person’s breath to determine the [percent by weight] concentration of alcohol in his breath; and
2. The technician makes an affidavit or declaration that the solution or gas has the chemical composition that is necessary for calibrating the device,
it is presumed that the solution or gas has been properly prepared and is suitable for calibrating the device.
Sec. 36. NRS 488.520 is hereby amended to read as follows:
2. The findings of the examinations are a matter of public record and must be reported to the commission by the coroner or other public officer within 30 days after the death.
3. Analyses of blood alcohol are acceptable only if made by laboratories licensed to perform this function.
Sec. 37. NRS 50.315 is hereby amended to read as follows:
50.315 1. Except as otherwise provided in subsections 6 and 7, the affidavit or declaration of a person is admissible in evidence in any criminal or administrative proceeding to prove:
(a) That the affiant or declarant has been certified by the director of the department of motor vehicles and public safety as being competent to operate devices of a type certified by the committee on testing for intoxication as accurate and reliable for testing a person’s breath to determine the [amount by weight] concentration of alcohol in his breath;
(b) The identity of a person from whom the affiant or declarant obtained a sample of breath; and
(c) That the affiant or declarant tested the sample using a device of a type so certified and that the device was functioning properly.
2. Except as otherwise provided in subsections 6 and 7, the affidavit or declaration of a person who prepared a chemical solution or gas that has been used in calibrating a device for testing another’s breath to determine the [amount] concentration of alcohol in his breath is admissible in evidence in any criminal or administrative proceeding to prove:
(a) The occupation of the affiant or declarant; and
(b) That the solution or gas has the chemical composition necessary for accurately calibrating it.
3. Except as otherwise provided in subsections 6 and 7, the affidavit or declaration of a person who calibrates a device for testing another’s breath to determine the [amount] concentration of alcohol in his breath is admissible in evidence in any criminal or administrative proceeding to prove:
(a) The occupation of the affiant or declarant;
(b) That on a specified date the affiant or declarant calibrated the device at a named law enforcement agency by using the procedures and equipment prescribed in the regulations of the committee on testing for intoxication;
(c) That the calibration was performed within the period required by the committee’s regulations; and
(d) Upon completing the calibration of the device, it was operating properly.
4. Except as otherwise provided in subsections 6 and 7, the affidavit or declaration made under the penalty of perjury of a person who withdraws a sample of blood from another for analysis by an expert as set forth in NRS 50.320 is admissible in any criminal or administrative proceeding to prove:
(a) The occupation of the affiant or declarant;
(b) The identity of the person from whom the affiant or declarant withdrew the sample;
(c) The fact that the affiant or declarant kept the sample in his sole custody or control and in substantially the same condition as when he obtained it until delivering it to another; and
(d) The identity of the person to whom the affiant or declarant delivered it.
5. Except as otherwise provided in subsections 6 and 7, the affidavit or declaration of a person who receives from another a sample of blood or urine or other tangible evidence that is alleged to contain alcohol or a controlled substance, chemical, poison or organic solvent may be admitted in any criminal, civil or administrative proceeding to prove:
(a) The occupation of the affiant or declarant;
(b) The fact that the affiant or declarant received a sample or other evidence from another person and kept it in his sole custody or control in substantially the same condition as when he received it until delivering it to another; and
(c) The identity of the person to whom the affiant or declarant delivered it.
6. If, at or before the time of the trial, the defendant establishes that:
(a) There is a substantial and bona fide dispute regarding the facts in the affidavit or declaration; and
(b) It is in the best interests of justice that the witness who signed the affidavit or declaration be cross-examined,
the court may order the prosecution to produce the witness and may continue the trial for any time the court deems reasonably necessary to receive such testimony. The time within which a trial is required is extended by the time of the continuance.
7. During any trial in which the defendant has been accused of committing a felony, the defendant may object in writing to admitting into evidence an affidavit or declaration described in this section. If the defendant makes such an objection, the court shall not admit the affidavit or declaration into evidence and the prosecution may cause the person to testify in court to any information contained in the affidavit or declaration.
8. The committee on testing for intoxication shall adopt regulations prescribing the form of the affidavits and declarations described in this section.
Sec. 38. NRS 50.320 is hereby amended to read as follows:
50.320 1. The affidavit or declaration of a chemist and any other person who has qualified in the district court of any county to testify as an expert witness regarding the presence in the breath, blood or urine of a person of alcohol, a controlled substance, or a chemical, poison or organic solvent, or the identity or quantity of a controlled substance alleged to have been in the possession of a person, which is submitted to prove:
(a) The quantity of the purported controlled substance; or
(b) The [amount] concentration of alcohol or the presence or absence of a controlled substance, chemical, poison or organic solvent, as the case may be,
is admissible in the manner provided in this section.
2. An affidavit or declaration which is submitted to prove any fact set forth in subsection 1 must be admitted into evidence when submitted during any administrative proceeding, preliminary hearing or hearing before a grand jury. The court shall not sustain any objection to the admission of such an affidavit or declaration.
3. The defendant may object in writing to admitting into evidence an affidavit or declaration submitted to prove any fact set forth in subsection 1 during his trial. If the defendant makes such an objection, the court shall not admit the affidavit or declaration into evidence and the prosecution may cause the person to testify in court to any information contained in the affidavit or declaration.
4. The committee on testing for intoxication shall adopt regulations prescribing the form of the affidavits and declarations described in this section.
Sec. 39. NRS 202.257 is hereby amended to read as follows:
202.257 1. It is unlawful for a person who:
(a) Has a concentration of alcohol of 0.10 [percent] or more [by weight of alcohol] in his blood[;] or breath, or
(b) Is under the influence of any controlled substance, or is under the combined influence of intoxicating liquor and a controlled substance, or any person who inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely exercising actual physical control of a firearm,
to have in his actual physical possession any firearm. This prohibition does not apply to the actual physical possession of a firearm by a person who was within his personal residence and had the firearm in his possession solely for self-defense.
2. Any evidentiary test to determine whether a person has violated the provisions of subsection 1 must be administered in the same manner as an evidentiary test that is administered pursuant to NRS 484.383 to 484.3947, inclusive, except that submission to the evidentiary test is required of any person who is directed by a police officer to submit to the test. If a person to be tested fails to submit to a required test as directed by a police officer, the officer may direct that reasonable force be used to the extent necessary to obtain the samples of blood from the person to be tested, if the officer has reasonable cause to believe that the person to be tested was in violation of this section.
3. Any person who violates the provisions of subsection 1 is guilty of a misdemeanor.
4. A firearm is subject to forfeiture pursuant to NRS 179.1156 to 179.119, inclusive, only if, during the violation of subsection 1, the firearm is brandished, aimed or otherwise handled by the person in a manner which endangered others.
5. As used in this section, the phrase “concentration of alcohol of 0.10 or more in his blood or breath” has the meaning ascribed to it in NRS 484.0135.
Sec. 40. The amendatory provisions of this act do not apply to offenses that were committed before October 1, 1999.
Sec. 41. Sections 15 and 33 of this act become effective at 12:01 a.m. on October 1, 1999.”.
Amend the title of the bill by deleting the first through third lines and inserting:
“AN ACT relating to traffic laws; revising the definition of the phrase describing the minimum content of alcohol required to be in the blood or breath of a person for the person to be considered to be operating a vehicle or vessel under the”.
Amend the summary of the bill, second line, by deleting “driving” and inserting: “operating vehicles and vessels”.
Senator O’Donnell moved that the Senate concur in the Assembly amendment to Senate Bill No. 152.
Remarks by Senator O’Donnell.
Motion carried.
Bill ordered enrolled.
Senate Bill No. 263.
The following Assembly amendment was read:
Amendment No. 729.
Amend the bill as a whole by deleting sec. 5 and renumbering sections 6 through 9 as sections 5 through 8.
Senator Rawson moved that the Senate concur in the Assembly amendment to Senate Bill No. 263.
Remarks by Senator Rawson.
Motion carried.
Bill ordered enrolled.
Senate Bill No. 508.
The following Assembly amendment was read:
Amendment No. 1132.
Amend the bill as a whole by adding a new section designated sec. 3, following sec. 2, to read as follows:
“Sec. 3. This act becomes effective on July 1, 1999.”.
Senator Raggio moved that the Senate concur in the Assembly amendment to Senate Bill No. 508.
Remarks by Senator Raggio.
Motion carried.
Bill ordered enrolled.
Senate Bill No. 167.
The following Assembly amendment was read:
Amendment No. 1109.
Amend the bill as a whole by renumbering sections 30 and 31 as sections 32 and 33 and adding new sections designated sections 30 and 31, following sec. 29, to read as follows:
“Sec. 30. NRS 244.367 is hereby amended to read as follows:
244.367 1. [The] A board of county commissioners [shall have power and jurisdiction in their respective counties to pass] may adopt ordinances prohibiting, restricting, suppressing or otherwise regulating the sale, use, storage and possession of fireworks, and providing penalties for the violation thereof[.], if the ordinances are at least as restrictive as the regulations adopted by the state fire marshal pursuant to chapter 477 of NRS.
2. An ordinance passed pursuant to subsection 1 must provide that any license or permit that may be required for the sale of fireworks must be issued by the licensing authority for:
(a) The county, if the fireworks are sold within the unincorporated areas of the county; or
(b) A city located within the county, if the fireworks are sold within the jurisdiction of that city.
Sec. 31. Chapter 477 of NRS is hereby amended by adding thereto a new section to read as follows:
The state fire marshal shall adopt regulations relating to the types of fireworks that a local government may regulate. The types of fireworks that the state fire marshal may authorize must be listed in section 3.1 of Standard 87-1, “Standard for Construction and Approval for Transportation of Fireworks, Novelties and Theatrical Pyrotechnics,” 1993 edition, adopted by the American Pyrotechnics Association, except the state fire marshal shall not authorize the types of fireworks listed in sections 3.1.2 and 3.1.3 of Standard 87-1.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Makes various changes to provisions governing hazardous materials and fireworks. (BDR 40‑746)”.
Amend the title of the bill to read as follows:
Senator Rhoads moved that the Senate do not concur in the Assembly amendment to Senate Bill No. 167.
Remarks by Senator Rhoads.
Motion carried.
Bill ordered transmitted to the Assembly.
Senate Bill No. 192.
The following Assembly amendment was read:
Amendment No. 1084.
Amend the bill as a whole by deleting sections 1 through 4, renumbering sections 5 and 6 as sections 2 and 3 and adding a new section designated section 1, following the enacting clause, to read as follows:
“Section 1. Chapter 116 of NRS is hereby amended by adding thereto a new section to read as follows:
1. An association of a planned community may not restrict, prohibit or otherwise impede the lawful residential use of any property that is within or encompassed by the boundaries of the planned community and that is not designated as part of the planned community.
2. Except as otherwise provided in this subsection, an association may not restrict the access of a person to any of his property. An association may restrict access to and from a unit within a planned community if the right to restrict such access was included in the declaration or in a separate recorded instrument at the time that the owner of the unit acquired title to the unit. The provisions of this subsection do not prohibit an association from charging the owner of the property a reasonable and nondiscriminatory fee to operate or maintain a gate or other similar device designed to control access to the planned community that would otherwise impede ingress or egress to the property.
3. An association may not expand, construct or situate a building or structure that is not part of any plat or plan of the planned community if the expansion, construction or situation of the building or structure was not previously disclosed to the units’ owners of the planned community unless the association obtains the written consent of a majority of the units’ owners and residents of the planned community who own property or reside within 500 feet of the proposed location of the building or structure.
4. The provisions of this section do not abrogate any easement, restrictive covenant, decision of a court, agreement of a party or any contract, governing document or declaration of covenants, conditions and restrictions, or any other decision, rule or regulation that a local governing body or other entity that makes decisions concerning land use or planning is authorized to make or enact that exists before October 1, 1999, including, without limitation, a zoning ordinance, permit or approval process or any other requirement of a local government or other entity that makes decisions concerning land use or planning.”.
Amend sec. 6, pages 2 and 3, by deleting lines 42 and 43 on page 2 and lines 1 through 7 on page 3, and inserting:
“3. Unless the terms of an easement in favor of an association prohibit a residential use of a servient estate, if the owner of the servient estate has obtained all necessary approvals required by law or any covenant, condition or restriction on the property, the owner may use such property in any manner authorized by law without obtaining any additional approval from the association. Nothing in this subsection authorizes an owner of a servient estate to impede the lawful and contractual use of the easement.
4. The provisions of subsection 3 do not abrogate any easement, restrictive covenant, decision of a court, agreement of a party or any contract, governing document or declaration of covenants, conditions and restrictions, or any other decision, rule or regulation that a local governing body or other entity that makes decisions concerning land use or planning is authorized to make or enact that exists before October 1, 1999, including, without limitation, a zoning ordinance, permit or approval process or any other requirement of a local government or other entity that makes decisions concerning land use or planning.”.
Amend the bill as a whole by deleting sections 7 through 11.
Amend the bill as a whole by adding a preamble, immediately preceding the enacting clause, to read as follows:
“Whereas, Planned communities are a dominant method of residential development in the State of Nevada; and
Whereas, Planned communities are developed for the purposes of preserving neighborhood continuity and creating desirable places to reside; and
Whereas, Planned communities are governed by specific rules and regulations and by unit-owners’ associations; and
Whereas, A unit-owners’ association is the form of self-government closest to the people; and
Whereas, All forms of government should follow the basic principles of democracy found in the United States Constitution and the Nevada Constitution; and
Whereas, Some unit-owners’ associations in this state have a history of abuse of power; and
Whereas, Unit-owners’ associations have power over one of the most important aspects of a person’s life, his residence; and
Whereas, Homeowners invest financially and emotionally in their homes; and
Whereas, Homeowners have the right to reside in a community without fear of illegal, unfair, unnecessary, unduly burdensome or costly interference with their property rights; now, therefore,”.
Amend the title of the bill to read as follows:
“AN ACT relating to common-interest communities; enacting various provisions governing certain rights of an association with respect to certain property; making various other changes concerning common-interest communities; and providing other matters properly relating thereto.”.
Senator Porter moved that the Senate do not concur in the Assembly amendment to Senate Bill No. 192.
Remarks by Senator Porter.
Conflict of interest declared by Senators James and Amodei.
Motion carried.
Bill ordered transmitted to the Assembly.
Recede From Senate Amendments
Senator Rawson moved that the Senate do not recede from its action on Assembly Bill No. 15, 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 Amodei as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Assembly Bill No. 15.
Recede From Senate Amendments
Senator James moved that the Senate do not recede from its action on Assembly Bill No. 166, 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 James.
Motion carried.
Appointment of Conference Committees
Madam President appointed Senators McGinness, Porter and Titus as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Assembly Bill No. 166.
Recede From Senate Amendments
Senator Rawson moved that the Senate do not recede from its action on Assembly Bill No. 313, 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, Schneider and Amodei as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Assembly Bill No. 313.
Recede From Senate Amendments
Senator O’Connell moved that the Senate do not recede from its action on Assembly Bill No. 318, 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’Connell, Neal and Porter as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Assembly Bill No. 318.
Recede From Senate Amendments
Senator McGinness moved that the Senate do not recede from its action on Assembly Bill No. 669, 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 McGinness.
Motion carried.
Appointment of Conference Committees
Madam President appointed Senators O’Connell, Schneider and Rhoads as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Assembly Bill No. 669.
Madam President appointed Senators Neal, Townsend and Washington as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Senate Bill No. 477.
MESSAGES FROM THE ASSEMBLY
Assembly Chamber, Carson City, May 26, 1999
To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day adopted the report of the first Conference Committee concerning Assembly Bill No. 267 and requests a second conference, and appointed Assemblymen Anderson, Buckley and Carpenter as a second Conference Committee to meet with a like committee of the Senate for further consideration of Assembly Bill No. 267.
Susan Furlong Reil
Assistant Chief Clerk of the Assembly
UNFINISHED BUSINESS
Reports of Conference Committees
Madam President:
The first Conference Committee concerning Assembly Bill No. 267, consisting of the undersigned members, has met, and reports that:
No decision was reached, and recommends the appointment of a second Conference Committee to consist of 3 members, for the further consideration of the measure.
Mike McGinness Kathyrn A. McClain
Jon C. Porter Greg Brower
Valerie Wiener Genie Ohrenschall
Senate Conference Committee Assembly Conference Committee
Senator McGinness moved that the Senate adopt the report of the first Conference Committeeconcerning Assembly Bill No. 267.
Remarks by Senator McGinness.
Motion carried.
Appointment of Conference Committees
Madam President appointed Senators James, Titus and Washington as a second Conference Committee to meet with a like committee of the Assembly for the further consideration of Assembly Bill No. 267.
SECOND READING AND AMENDMENT
Senate Bill No. 70.
Bill read second time.
The following amendment was proposed by the Committee on Finance:
Amendment No. 1025.
Amend sec. 3, page 2, line 18, by deleting “at least” and inserting “less than”.
Amend sec. 3, page 2, line 20, by deleting “do not”.
Amend sec. 3, page 2, by deleting line 26 and inserting: “(a) The school shall, within the same school year,”.
Amend sec. 3, page 2, line 30, after “school” by inserting “district”.
Amend sec. 3, page 2, line 33, after “department” by inserting: “or its designee”.
Amend sec. 3, page 2, line 34, after “389.015” by inserting: “and ensure that all eligible pupils who are in attendance on the day of the administration of the examinations are given an opportunity to take the examinations”.
Amend sec. 5, page 4, line 4, by deleting “number of” and inserting: “percentage of classes taught by”.
Amend sec. 5, page 5, line 7, after “district.” by inserting: “For the purposes of this paragraph, a pupil is not transient if he is transferred to a different school within the school district as a result of a change in the zone of attendance by the board of trustees of the school district pursuant to NRS 388.040.”.
Amend sec. 5, page 5, line 9, after “(r)” by inserting: “The amount and sources of money received for remedial education for each school in the district and the district as a whole, including, without limitation, each charter school in the district.
(s)”.
Amend sec. 5, page 5, line 15, by deleting “(s)” and inserting “(t)”.
Amend sec. 5, page 5, line 18, by deleting “(t)” and inserting:
“(u) For each school in the district and the district as a whole, including, without limitation, each charter school in the district, the number and percentage of pupils who graduate with:
(1) A standard high school diploma.
(2) An adjusted diploma.
(3) A certificate of attendance.
(v) For each school in the district and the district as a whole, including, without limitation, each charter school in the district, the number and percentage of pupils who did not receive a high school diploma because the pupils failed to pass the high school proficiency examination.
(w)”.
Amend sec. 5, page 5, line 20, after “3.” by inserting: “The records of attendance maintained by a school for purposes of paragraph (i) of subsection 2 must include the number of teachers who are in attendance at school and the number of teachers who are absent from school. A teacher shall be deemed in attendance if the teacher is excused from being present in the classroom by the school in which he is employed for one of the following reasons:
(a) Acquisition of knowledge or skills relating to the professional development of the teacher; or
(b) Assignment of the teacher to perform duties for cocurricular or extracurricular activities of pupils.
4.”.
Amend sec. 5, page 5, line 35, by deleting “4.” and inserting “[4.] 5.”.
Amend sec. 5, page 5, line 40, by deleting “5.” and inserting “6.”.
Amend sec. 6, page 6, line 12, by deleting “(s)” and inserting “(t)”.
Amend sec. 6, page 6, by deleting line 19 and inserting: “district’s program of accountability. [during the school year.] The report must”.
Amend sec. 6, page 6, line 22, by deleting “based; [and]” and inserting: “based [;] and a review and analysis of any data that is more recent than the data upon which the report is based;”.
Amend sec. 6, page 6, line 26, after “deficiencies or” by inserting: “in response to the”.
Amend sec. 6, page 6, line 31, by deleting “years.” and inserting: “years and any other analyses made in preceding years.”.
Amend sec. 7, page 7, by deleting lines 19 and 20 and inserting: “the attendance of pupils who are enrolled in the school and [the attendance of teachers who provide instruction at the school.]”.
Amend sec. 9, page 8, line 15, after “in” by inserting: “subsection 3 and”.
Amend sec. 9, page 8, between lines 23 and 24, by inserting:
“3. The department shall adopt regulations that set forth the conditions under which the department will not designate a public school pursuant to this section because the school:
(a) Has too few pupils enrolled in a grade level that is tested pursuant to NRS 389.015;
(b) Serves only pupils with disabilities;
(c) Operates only as an alternative program for the education of pupils at risk of dropping out of high school; or
(d) Is operated within a:
(1) Youth training center;
(2) Youth center;
(3) Juvenile forestry camp;
(4) Detention home;
(5) Youth camp;
(6) Juvenile correctional institution; or
(7) Correctional institution.”.
Amend sec. 14, page 11, line 22, by deleting “389.015.” and inserting: “389.015 and ensure that all eligible pupils who are in attendance on the day that the examinations are administered are given an opportunity to take the examinations.”.
Amend sec. 15, page 12, line 4, by deleting “Submit” and inserting: “[Submit] On or before May 1 of the year in which the third or subsequent designation was made pursuant to NRS 385.367 or the second or subsequent designation was made pursuant to section 3 of this act, submit”.
Amend sec. 15, page 12, by deleting line 19 and inserting: “pursuant to NRS 385.365, make [at least four] two reports per year, one at the end of each semester, to the”.
Amend sec. 15, page 12, line 20, after “committee” by inserting: “, the bureau”.
Amend sec. 16, page 12, line 28, by deleting “April 10,” and inserting “August 1,”.
Amend sec. 16, page 12, by deleting lines 34 through 41 and inserting:
“(b) [Two representatives] One representative of the private sector;
(c) Two parents or legal guardians of pupils who are enrolled in the school; [and]
(d) One person who is a member of the board of trustees of a school district; and
(e) Three persons who are licensed educational personnel at public schools within this state. [Two of the persons] One person appointed pursuant to this paragraph must be a classroom [teachers who provide] teacher who provides instruction at [schools that are] a school that is not located within the same school district as the school which is the subject of the evaluation. One person appointed pursuant to this paragraph must be an administrator at a school that is not located within the same school district as the school which is the subject of the evaluation.”.
Amend sec. 16, page 13, line 26, by deleting “May 1” and inserting “June 1”.
Amend sec. 17, page 14, line 4, by deleting “November 1,” and inserting “December 1,”.
Amend sec. 18, page 15, line 16, by deleting “November 1,” and inserting “December 1,”.
Amend sec. 19, page 15, line 23, by deleting “December 1,” and inserting “January 15,”.
Amend sec. 19, page 15, by deleting line 36 and inserting:
“(2) [On a quarterly basis, make] Make two reports, one at the end of each semester, to the department, the governor, the bureau”.
Amend sec. 19, page 16, by deleting line 19 and inserting: “the school is located shall, [on a quarterly basis and] until such time as the”.
Amend sec. 19, page 16, by deleting line 22 and inserting: “385.365, make two reports, one at the end of each semester, to the department, the committee, the bureau and the governor”.
Amend the bill as a whole by adding a new section designated sec. 21.5, following sec. 21, to read as follows:
“Sec. 21.5. NRS 386.550 is hereby amended to read as follows:
386.550 A charter school shall:
1. Comply with all laws and regulations relating to discrimination and civil rights.
2. Remain nonsectarian, including, without limitation, in its educational programs, policies for admission and employment practices.
3. Refrain from charging tuition or fees, levying taxes or issuing bonds.
4. Comply with any plan for desegregation ordered by a court that is in effect in the school district in which the charter school is located.
5. Comply with the provisions of chapter 241 of NRS.
6. Schedule and provide annually at least as many days of instruction as are required of other public schools located in the same school district as the charter school is located.
7. Cooperate with the board of trustees of the school district in the administration of the achievement and proficiency examinations administered pursuant to NRS 389.015 to the pupils who are enrolled in the charter school.
8. Comply with applicable statutes and regulations governing the achievement and proficiency of pupils in this state.
9. Provide at least the courses of instruction that are required of pupils by statute or regulation for promotion to the next grade or graduation from a public high school and require the pupils who are enrolled in the charter school to take those courses of study. This subsection does not preclude a charter school from offering, or requiring the pupils who are enrolled in the charter school to take, other courses of study that are required by statute or regulation.
10. Provide instruction on acquired immune deficiency syndrome and the human reproductive system, related to communicable diseases and sexual responsibility in accordance with NRS 389.065.
11. Adhere to the same transportation policy that is in effect in the school district in which the charter school is located.
12. Adopt a final budget in accordance with the regulations adopted by the department. A charter school is not required to adopt a final budget pursuant to NRS 354.598 or otherwise comply with the provisions of chapter 354 of NRS.”.
Amend sec. 22, page 17, line 34, by deleting “(s)” and inserting “(t)”.
Amend sec. 22, page 17, by deleting line 40 and inserting: “charter school’s program of accountability. [during the school year.] The”.
Amend sec. 22, page 17, line 43, by deleting “based; [and]” and inserting: “based [;] and a review and analysis of any data that is more recent than the data upon which the report is based; and”.
Amend sec. 22, page 18, by deleting line 25 and inserting: “adopted [pursuant to NRS 354.598.] by the governing body of the charter school.”.
Amend sec. 23, page 19, line 18, by deleting “public instruction” and inserting: “[public instruction] schools of each school district”.
Amend sec. 23, page 19, by deleting line 20 and inserting: “school within the school district. [Not] Except as otherwise provided in this subsection, not more than [10] 15 working days after each”.
Amend sec. 23, page 19, between lines 28 and 29, by inserting: “If a pupil fails the high school proficiency examination, the school shall notify the pupil and the parents or legal guardian of the pupil as soon as practicable but not later than 15 working days after the school receives the results of the examination.”.
Amend sec. 23, page 19, line 30, after “disabilities.” by inserting: “If a pupil with a disability is unable to take an examination created by a private entity under regular testing conditions or with modifications and accommodations that are approved by the private entity, the pupil may take the examination with modifications and accommodations that are approved by the state board pursuant to subsection 8. If a pupil with a disability is unable to take an examination created by the department under regular testing conditions or with modifications and accommodations that are approved by the department, the pupil may take the examination with modifications and accommodations that are approved by the state board pursuant to subsection 8. The results of an examination that is taken under conditions that are not approved by a private entity or the department, as applicable, must not be reported pursuant to subsection 2 of NRS 389.017.”.
Amend sec. 23, page 19, line 38, after “board.” by inserting: “During the administration of the high school proficiency examination, a pupil with a disability may be given additional time to complete the examination if the additional time is a modification or accommodation that is approved in the pupil’s program of special education developed in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq.”.
Amend sec. 23, page 20, between lines 29 and 30, by inserting:
“8. The state board shall prescribe, in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., the modifications and accommodations that may be used in the administration of an examination to a pupil with a disability who is unable to take the examination under regular testing conditions or with modifications and accommodations that are approved by the private entity that created the examination or, if the department created the examination, by the department. These regulations may include, without limitation, authorizing a pupil to complete an examination with additional time.”.
Amend the bill as a whole by adding a new section designated sec. 23.5, following sec. 23, to read as follows:
“Sec. 23.5. NRS 389.017 is hereby amended to read as follows:
2. The results of examinations [administered to all pupils] must be reported for each school, including, without limitation, each charter school, school district and this state as follows:
(a) The average score, as defined by the department, of pupils [with disabilities for whom different standards of achievement are adopted or other] who took the examinations under regular testing conditions; and
(b) The average score, as defined by the department, of pupils who took the examinations with modifications or accommodations [are made if :
(1) The modifications or accommodations are] approved by the [publisher of the examination; and
(2) Such] private entity that created the examination or, if the department created the examination, the department, if such reporting does not violate the confidentiality of the test scores of any individual pupil. [;
(b) The average score of pupils for whom different standards of achievement were not adopted or other modifications or accommodations were not made; and
(c) The average score of all pupils who were tested, except for pupils with disabilities who took an examination pursuant to subsection 4 of NRS 389.015 with modifications or accommodations that are not approved by the publisher of the examination.]
3. The department shall adopt regulations prescribing the requirements for reporting the scores of pupils who:
(a) Took the examinations under conditions that were not approved by the private entity that created the examination or, if the department created the examination, by the department;
(b) Are enrolled in special schools for children with disabilities;
(c) Are enrolled in an alternative program for the education of pupils at risk of dropping out of high school; or
(d) Are detained in a:
(1) Youth training center;
(2) Youth center;
(3) Juvenile forestry camp;
(4) Detention home;
(5) Youth camp;
(6) Juvenile correctional institution; or
(7) Correctional institution.
The scores reported pursuant to this subsection must not be included in the average scores reported pursuant to subsection 2.
4. Not later than 10 days after the department receives the results of the achievement and proficiency examinations, the department shall transmit a copy of the results of the examinations administered pursuant to NRS 389.015 to the legislative bureau of educational accountability and program evaluation in a manner that does not violate the confidentiality of the test scores of any individual pupil.
5. On or before November 1 of each year, each school district and each charter school shall report to the department the following information for each examination administered in the public schools in the school district or charter school:
(a) The examination administered;
(b) The grade level or levels of pupils to whom the examination was administered;
(c) The costs incurred by the school district or charter school in administering each examination; and
(d) The purpose, if any, for which the results of the examination are used by the school district or charter school.
On or before December 1 of each year, the department shall transmit to the budget division of the department of administration and the fiscal analysis division of the legislative counsel bureau the information submitted to the department pursuant to this subsection.
[4.] 6. The superintendent of schools of each school district and the governing body of each charter school shall certify that the number of pupils who took the examinations required pursuant to NRS 389.015 is equal to the number of pupils who are enrolled in each school in the school district or in the charter school who are required to take the examinations except for those pupils who are exempt from taking the examinations. A pupil may be exempt from taking the examinations if:
(a) His primary language is not English and his proficiency in the English language is below the [average proficiency of pupils at the same grade] level that the state board determines is proficient, as measured by an assessment of proficiency in the English language prescribed by the state board[;] pursuant to subsection 8; or
(b) He is enrolled in a program of special education pursuant to NRS 388.440 to 388.520, inclusive, and his program of special education specifies that he is exempt from taking the examinations.
[5.] 7. In addition to the information required by subsection [3,] 5, the superintendent of public instruction shall:
(a) Report the number of pupils who were not exempt from taking the examinations but were absent from school on the day that the examinations were administered; and
(b) Reconcile the number of pupils who were required to take the examinations with the number of pupils who were exempt from taking the examinations or absent from school on the day that the examinations were administered.
[6.] 8. The state board shall prescribe an assessment of proficiency in the English language for pupils whose primary language is not English to determine which pupils are exempt from the examinations pursuant to paragraph (a) of subsection [4.] 6.”.
Amend sec. 24, page 20, line 35, by deleting “5.” and inserting “6.”.
Amend the bill as a whole by deleting sec. 25 and adding a new section designated sec. 25, following sec. 24, to read as follows:
“Sec. 25. Section 1 of Senate Bill No. 21 of this session is hereby amended to read as follows:
Section 1. NRS 389.015 is hereby amended to read as follows:
(a) Reading;
(b) Writing;
(c) Mathematics; and
(d) Science.
2. The examinations required by subsection 1 must be:
(a) Administered before the completion of grades 4, 8, 10 and 11.
(b) Administered in each school district and each charter school at the same time. The time for the administration of the examinations must be prescribed by the state board.
(c) Administered in each school in accordance with uniform procedures adopted by the state board. The department shall monitor the compliance of school districts and individual schools with the uniform procedures.
(d) Scored by the department or a single private entity that has contracted with the state board to score the examinations. If a private entity scores the examinations, it shall report the results of the examinations in the form and by the date required by the department.
3. Not more than 14 working days after the results of the examinations are reported to the department by a private entity that scored the examinations or the department completes the scoring of the examinations, the superintendent of public instruction shall certify that the results of the examinations have been transmitted to each school district and each charter school. Not more than 10 working days after a school district receives the results of the examinations, the superintendent of schools of each school district shall certify that the results of the examinations have been transmitted to each school within the school district. Except as otherwise provided in this subsection, notmore than 15 working days after each school receives the results of the examinations, the principal of each school and the governing body of each charter school shall certify that the results for each pupil have been provided to the parent or legal guardian of the pupil:
(a) During a conference between the teacher of the pupil or administrator of the school and the parent or legal guardian of the pupil; or
(b) By mailing the results of the examinations to the last known address of the parent or legal guardian of the pupil.
If a pupil fails the high school proficiency examination, the school shall notify the pupil and the parents or legal guardian of the pupil as soon as practicable but not later than 15 working days after the school receives the results of the examination.
4. Different standards of proficiency may be adopted for pupils with diagnosed learning disabilities. If a pupil with a disability is unable to take an examination created by a private entity under regular testing conditions or with modifications and accommodations that are approved by the private entity, the pupil may take the examination with modifications and accommodations that are approved by the state board pursuant to subsection 8. If a pupil with a disability is unable to take an examination created by the department under regular testing conditions or with modifications and accommodations that are approved by the department, the pupil may take the examination with modifications and accommodations that are approved by the state board pursuant to subsection 8. The results of an examination that is taken under conditions that are not approved by a private entity or the department, as applicable, must not be reported pursuant to subsection 2 of NRS 389.017.If different standards of proficiency are adopted or other modifications or accommodations are made in the administration of the examinations for a pupil who is enrolled in a program of special education pursuant to NRS 388.440 to 388.520, inclusive, other than a gifted and talented pupil, the different standards adopted or other modifications or accommodations must be set forth in the pupil’s program of special education developed in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and the standards prescribed by the state board.During the administration of the high school proficiency examination, a pupil with a disability may be given additional time to complete the examination if the additional time is a modification or accommodation that is approved in the pupil’s program of special education developed in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq.
5. If a pupil fails to demonstrate at least adequate achievement on the examination administered before the completion of grade 4, 8 or 10, he may be promoted to the next higher grade, but the results of his examination must be evaluated to determine what remedial study is appropriate. If such a pupil is enrolled at a school that has been designated as demonstrating need for improvement pursuant to NRS 385.367 the pupil must, in accordance with the requirements set forth in this subsection, complete remedial study that is determined to be appropriate for the pupil.
6. If a pupil fails to pass the proficiency examination administered before the completion of grade 11, he must not be graduated until he is able, through remedial study, to pass the proficiency examination, but he may be given a certificate of attendance, in place of a diploma, if he has reached the age of 17 years.
7. The state board shall prescribe standard examinations of achievement and proficiency to be administered pursuant to subsection 1. The examinations on reading, mathematics and science prescribed for grades 4, 8 and 10 must be selected from examinations created by private entities and administered to a national reference group, and must allow for a comparison of the achievement and proficiency of pupils in grades 4, 8 and 10 in this state to that of a national reference group of pupils in grades 4, 8 and 10. The questions contained in the examinations and the approved answers used for grading them are confidential, and disclosure is unlawful except:
(a) To the extent necessary for administering and evaluating the examinations.
(b) That a disclosure may be made to a [state]:
(1) State officer who is a member of the executive or legislative branchto the extent that it is [related to] necessary for the performance of [that officer’s duties.] his duties;
(2) Superintendent of schools of a school district to the extent that it is necessary for the performance of his duties;
(3) Director of curriculum of a school district to the extent that it is necessary for the performance of his duties; and
(4) Director of testing of a school district to the extent that it is necessary for the performance of his duties.
(c) That specific questions and answers may be disclosed if the superintendent of public instruction determines that the content of the questions and answers is not being used in a current examination and making the content available to the public poses no threat to the security of the current examination process.
8. The state board shall prescribe, in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., the modifications and accommodations that may be used in the administration of an examination to a pupil with a disability who is unable to take the examination under regular testing conditions or with modifications and accommodations that are approved by the private entity that created the examination or, if the department created the examination, by the department. These regulations may include, without limitation, authorizing a pupil to complete an examination with additional time.”.
Amend sec. 26, page 22, by deleting lines 29 through 32 and inserting:
“Sec. 26. 1. This section and section 23 of this act become effective upon passage and approval.
2. Sections 1 to 22, inclusive, 24 and 25 of this act become effective on July 1, 1999.
3. Section 23.5 of this act becomes effective at 12:01 a.m. on July 1, 1999.”.
Amend the title of the bill by deleting the second and third lines and inserting: “accountability for public schools; requiring a charter school to adopt a final budget in accordance with the regulations of the department of education; revising provisions governing the administration and reporting of the achievement and proficiency examinations; and providing other”.
Senator Raggio moved the adoption of the amendment.
Remarks by Senator Raggio.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 285.
Bill read second time.
The following amendment was proposed by the Committee on Finance:
Amendment No. 1159.
Amend section 1, page 2, line 37, after “2.” by inserting: “Money to carry out the program in an amount not to exceed $3,200,000 must be provided for the period between the fiscal year beginning on July 1, 1999 and the fiscal year ending on June 30, 2001, by the issuance by the State Board of Finance of general obligation bonds of the State of Nevada in a total face amount of not more than $3,200,000 pursuant to NRS 349.150 to 349.364, inclusive. The proceeds of the bonds issued pursuant to this subsection must be deposited in the fund to protect the Lake Tahoe Basin created pursuant to section 2 of this act and, except as otherwise provided in this subsection, must be used as follows:
(a) Sand Harbor Visitor/Administrative Center BMPs...................... $1,000,000
(b) North Canyon Hiking Trail..................................................................... 15,000
(c) Sand Harbor Erosion Control............................................................... 100,000
(d) Upland Wildlife Habitat Enhancement................................................. 66,000
(e) North Canyon Old Growth Habitat Restoration................................ 130,000
(f) Forest Restoration - Phase I............................................................... 1,500,000
(g) Sand Harbor-Memorial Point Trail........................................................ 56,000
(h) Hidden Beach Rehabilitation, BMPs.................................................. 106,000
(i) Sugar Pine Old Growth Habitat Restoration......................................... 75,000
(j) Project contingency................................................................................ 152,000
If an amount authorized pursuant to this subsection is insufficient to allow the completion of the project for which it is authorized, the Interim Finance Committee, upon the request of the Division of State Lands of the State Department of Conservation and Natural Resources, may increase the amount authorized for the project and offset the increase by reducing the amount authorized for another project or projects pursuant to this subsection by the amount of the increase. The Division of State Lands may use money authorized pursuant to this subsection for a project other than a project listed in this subsection if the Interim Finance Committee approves such a use in writing before the Division engages in the project. The Division of State Lands may allocate money pursuant to paragraph (j) without the prior approval of the Interim Finance Committee.
3.”.
Amend section 1, page 2, line 38, by deleting “$56,400,000 must” and inserting “$53,200,000 may”.
Amend section 1, page 2, line 39, by deleting “1999,” and inserting “2001,”.
Amend section 1, page 2, line 41, by deleting “$56,400,000.” and inserting “$53,200,000.”.
Amend section 1, page 3, line 1, by deleting “The” and inserting: “With the prior approval of the Legislature or the Interim Finance Committee, the”.
Amend section 1, page 3, by deleting line 5, and inserting:
“4. The amount of bonds authorized by subsection 3 must be reduced by”.
Amend section 1, page 3, line 12, by deleting “4.” and inserting “5.”.
Senator Raggio moved the adoption of the amendment.
Remarks by Senator Raggio.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
GENERAL FILE AND THIRD READING
Senate Bill No. 370.
Bill read third time.
The following amendment was proposed by the Committee on Finance:
Amendment No. 1101.
Amend section 1, page 1, by deleting lines 5 through 8 and inserting:
“(a) Any senior citizen who purchases and receives benefits for at least 3 years pursuant to a policy of health insurance for long-term care that is at least as comprehensive, as determined by the administrator, as the policy made available pursuant to section 19 of this act and whose annual household income is less than $200,000 is eligible for Medicaid for long-term care;”.
Amend section 1, page 2, between lines 7 and 8 by inserting:
“(c) “Senior citizen” means a person who is domiciled in this state and is 55 years of age or older.”.
Amend sec. 4, page 2, line 29, by deleting: “state health officer.” and inserting “administrator.”.
Amend sec. 9, page 4, line 35, by deleting the italicized comma and inserting: “whose population is less than 100,000,”.
Amend sec. 9, page 5, line 5, by deleting “and”.
Amend sec. 9, page 5, line 6, after “(b)” by inserting: “Consult with the critical access hospital planning group of the University of Nevada School of Medicine and the health division; and
(c)”.
Amend sec. 10, page 5, line 21, by deleting “2” and inserting “4”.
Amend sec. 11, page 5, line 34, before “The” by inserting “1.”.
Amend sec. 11, page 5, by deleting line 36 and inserting: “(a) Make recommendations to the administrator regarding the”.
Amend sec. 11, page 5, line 40, by deleting “2.” and inserting “(b)”.
Amend sec. 11, page 5, line 41, by deleting “3.” and inserting “(c)”.
Amend sec. 11, page 6, by deleting lines 1 through 3 and inserting:
“(d) Propose strategies for the coordination of proposed programs established by the administrator pursuant to subsection 2.
(e) Make recommendations to the administrator regarding the”.
Amend sec. 11, page 6, line 6, by deleting “6.” and inserting “(f)”.
Amend sec. 11, page 6, between lines 9 and 10 by inserting:
“2. The administrator, in cooperation with the advisory board, shall establish and coordinate educational and informational programs designed to prevent and reduce the use of cigarettes and other products made from tobacco by the residents of this state.
3. The advisory board may, within the limits of legislative appropriations, contract for independent evaluation of the programs established pursuant to subsection 2, including a baseline study before the establishment of such programs.”.
Amend the bill as a whole by deleting sec. 12 and adding:
“Sec. 12. (Deleted by amendment.)”.
Amend sec. 18, page 7, line 3, by deleting “65” and inserting “62”.
Amend sec. 19, page 7, line 16, after “who” by inserting: “is not eligible for Medicaid and who”.
Amend sec. 19, page 7, by deleting lines 23 and 24 and inserting: “income on the following schedule:”.
Amend sec. 19, page 7, by deleting lines 29 through 33 and inserting:
“$0 — $12,700 90
12,700 — 14,800 80
14,800 — 17,000 50
17,000 — 19,100 25
19,100 — 21,500 10”.
Amend sec. 19, pages 7 and 8, by deleting lines 42 and 43 on page 7 and lines 1 through 4 on page 8.
Amend sec. 19, page 8, line 5, by deleting “5.” and inserting “4.”.
Amend sec. 30, page 10, lines 16 and 17, by deleting: “state health officer” and inserting: “health division of the department of human resources”.
Amend sec. 30, page 10, by deleting line 20 and inserting: “section 11 of this act.”.
Amend sec. 30, page 10, line 22, by deleting: “state health officer” and inserting: “health division of the department of human resources”.
Amend sec. 33, page 11, line 13, by deleting “2000.” and inserting “2001.”.
Amend sec. 33, page 11, line 19, by deleting “2001.” and inserting “2003.”.
Amend the title of the bill by deleting the second through fourth lines and inserting: “purchasing and receiving benefits from certain policies of insurance for long-term care; creating the trust fund for health programs and the trust fund for rural health care programs; requiring the administrator of the health division of the department of human resources to establish programs designed to”.
Senator O’Connell moved the adoption of the amendment.
Remarks by Senators O’Connell and Raggio.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 491.
Bill read third time.
The following amendment was proposed by the Committee on Finance:
Amendment No. 1134.
Amend sec. 12, page 3, by deleting lines 25 and 26 and inserting: “three members appointed by the governor, is hereby created. Each member shall serve for a term of 4 years. Not more than two members may be”.
Amend sec. 12, page 3, by deleting lines 31 and 32 and inserting: “accounting, or training and experience in the law;”.
Amend sec. 12, page 3, line 33, by deleting “(c)” and inserting “(b)”.
Amend sec. 12, page 3, line 35, after the italicized semicolon by inserting “and”.
Amend sec. 12, page 3, line 36, by deleting “(d)” and inserting “(c)”.
Amend sec. 12, page 3, by deleting lines 38 and 39 and inserting: “limousine business as an owner or manager.”.
Amend sec. 13, page 4, lines 24 and 25, by deleting: “No member may serve for more than” and inserting: “Each member shall serve for a term of”.
Amend the bill as a whole by deleting sec. 15.5 and adding:
“Sec. 15.5. (Deleted by amendment.)”.
Amend sec. 21, page 9, line 12, by deleting “$500” and inserting “$250”.
Amend sec. 21, page 9, line 14, by deleting “20” and inserting “15”.
Amend sec. 29, page 11, line 9, after “is” by inserting “charged or”.
Amend sec. 95, page 43, by deleting line 12 and inserting:
“706.473 1. In a county whose population is less than 400,000, a”.
Amend sec. 100, page 45, by deleting lines 33 through 40 and inserting:
“2. [A] If a common motor carrier [that] enters into an agreement for the purchase of its service by an incorporated city, county or regional transportation commission [is not required to obtain a certificate of public convenience and necessity] to operate a system of public transit consisting of:
(a) Regular routes and fixed schedules;
(b) Nonemergency medical transportation of persons to facilitate their use of a center as defined in NRS 435.170, if the transportation is available upon request and without regard to regular routes or fixed schedules;
(c) Nonmedical transportation of disabled persons without regard to regular routes or fixed schedules; or
(d) In a county whose population is less than 100,000 or an incorporated city within such a county, nonmedical transportation of persons if the transportation is available by reservation 1 day in advance of the transportation and without regard to regular routes or fixed schedules, [.
3. Under any agreement for a system of public transit that provides for the transportation of passengers that is described in subsection 2:
(a) The] the public entity shall, if it is able to do so, provide for any required safety inspections. [; or
(b) If the public entity is unable to do so, the authority shall provide for any required safety inspections.
4.] 3. In addition to the requirements of subsection [3,] 2, under an agreement for a system of public transit that provides for the transportation of passengers that is described in:
(a) Paragraph (a) of subsection 2, the public entity shall establish the routes and fares.
(b) Paragraph (c) or (d) of subsection 2, the common motor carrier:
(1) May provide transportation to any passenger who can board a vehicle with minimal assistance from the operator of the vehicle.
(2) Shall not offer medical assistance as part of its transportation service.
[5.] 4. A nonprofit carrier of elderly or disabled”.
Amend sec. 100, page 46, line 3, by deleting “[4.] 3.” and inserting “[6.] 5.”.
Amend sec. 100, page 46, between lines 8 and 9, by inserting:
“[7.] 6. Before an incorporated city or a county enters into an agreement with a common motor carrier for a system of public transit that provides for the transportation of passengers that is described in paragraph (c) or (d) of subsection 2 in an area of the incorporated city or an area of the county, it must determine that:
(a) There are no other common motor carriers of passengers who are authorized to provide such services in that area; or
(b) Although there are other common motor carriers of passengers who are authorized to provide such services in the area, the common motor carriers of passengers do not wish to provide, or are not capable of providing, such services.”.
Amend sec. 108, page 50, line 7, after “act,” by inserting: “and section 1 of Assembly Bill No. 677 of this session,”.
Amend sec. 110, page 50, line 42, after the semicolon by inserting “and”.
Amend sec. 110, page 51, by deleting lines 2 through 5 and inserting: “county [to which NRS 706.881 to 706.885, inclusive, apply; and
(e) Appeals from final decisions of the administrator made pursuant to NRS 706.8822.]subject to the jurisdiction of the taxicab authority.”.
Amend sec. 113, page 51, line 34, by deleting: “[The] An administrator” and inserting: “[The administrator] Except as otherwise provided in NRS 706.8829 and 706.88395, a taxicab authority”.
Amend sec. 113, page 51, line 36, by deleting “appropriate taxicab” and inserting: “[taxicab] transportation services”.
Amend sec. 113, page 52, by deleting lines 1 and 2 and inserting:
“4. Applications for, or suspension or revocation of, drivers’ permits; [which may be required by the administrator;] and”.
Amend sec. 116, page 53, by deleting lines 16 through 22 and inserting:
“2. Whenever circumstances require the establishment of a system of allocations[,] in a county subject to the jurisdiction of a taxicab authority, the taxicab authority shall allocate the number of taxicabs or limousines, as appropriate, among the certificate holders in the county, as follows:
(a) For taxicabs, the allocation must be made in a manner which reflects the number of taxicabs operated by each certificate holder during the 5 years immediately preceding the date of establishment of the system of allocations by the taxicab authority in the county.
(b) For limousines, the allocation must be made in a manner which reflects the number of limousines operated by each certificate holder as of October 1, 1999.”.
Amend sec. 129, page 60, line 42, by deleting “authority.” and inserting: “authority, the transportation services authority or the previously existing public service commission of Nevada.”.
Amend sec. 134, page 63, line 37, by deleting: “administrator of the” and inserting “[administrator]”.
Amend sec. 134, page 64,line 8, by deleting “shall” and inserting “[shall]may”.
Amend sec. 134, page 64, line 9, after “administrator” by inserting: “of the taxicab authority”.
Amend sec. 134, page 64, by deleting lines 11 and 12 and inserting:
“3. The [administrator] taxicab authority shall conduct a hearing [prior to suspension or revocation of] before suspending or revoking a driver’s permit or imposing a fine under this”.
Amend the bill as a whole by adding a new section designated sec. 134.5, following sec. 134, to read as follows:
“Sec. 134.5. NRS 706.8849 is hereby amended to read as follows:
706.8849 1. A taxicab driver shall:
(a) Ensure that the fare indicator on the taximeter of his taxicab reads zero before the time that the taxicab is engaged.
(b) Ensure that the taximeter of his taxicab is engaged while the taxicab is on hire.
(c) Not make any charge for the transportation of a passenger other than the charge shown on the taximeter.
(d) Not alter, manipulate, tamper with or disconnect a sealed taximeter or its attachments nor make any change in the mechanical condition of the wheels, tires or gears of a taxicab with intent to cause false registration on the taximeter of the passenger fare.
(e) Not remove or alter fare schedules which have been posted in his taxicab by the certificate holder.
(f) Not permit any person or persons other than the person who has engaged the taxicab to ride therein unless the person who has engaged the taxicab requests that the other person or persons ride in the taxicab. If more than one person is loaded by the taxicab driver as set forth in this paragraph, the driver shall, when one of the persons leaves the taxicab, charge that person the fare on the meter and reset the taximeter.
(g) Not drive a taxicab or go on duty while under the influence of, or impaired by, any controlled substance, dangerous drug, or intoxicating liquor or drink intoxicating liquor while on duty.
(h) Not use or consume controlled substances or dangerous drugs which impair a person’s ability to operate a motor vehicle at any time, or use or consume any other controlled substances or dangerous drugs at any time except in accordance with a lawfully issued prescription.
(i) Not operate a taxicab without a valid driver’s permit issued pursuant to NRS 706.8841 and a valid driver’s license issued pursuant to NRS 483.325 in his possession.
(j) Obey all provisions and restrictions of his employer’s certificate of public convenience and necessity.
2. If a driver violates any provision of subsection 1, the [administrator] taxicab authority which has jurisdiction over the certificate holder that employs the driver may, after a hearing, impose the following sanctions:
(a) For a offense, 1 to 5 days’ suspension of a driver’s permit or a fine of not more than $100, or both suspension and fine.
(b) For a second offense, 6 to 20 days’ suspension of a driver’s permit or a fine of not more than $300, or both suspension and fine.
(c) For a third offense, a fine of not more than $500.
In addition to the other penalties set forth in this subsection, the [administrator] taxicab authority may revoke a driver’s permit for any violation of a provision of paragraph (g) of subsection 1.
3. Only violations occurring in the 12 months immediately preceding the most current violation may be considered for the purposes of subsection 2. The administrator of the taxicab authority shall inspect the driver’s record for that period to compute the number of offenses committed.”.
Amend sec. 135, page 64, line 19, after “act,” by inserting: “and section 1 of Assembly Bill No. 677 of this session”.
Amend sec. 135,
page 64, line 21, by deleting: “or its administrator”
and inserting “[or administrator]”.
Amend sec. 135, page 64, by deleting line 23 and inserting: “certificate or driver’s permit,”.
Amend sec. 135, page 64, line 27, by deleting: “granted by it or him, respectively,” and inserting: “[granted by it or him, respectively,]”.
Amend sec. 135, page 64, line 29, after “act,” by inserting: “and section 1 of Assembly Bill No. 677 of this session,”.
Amend sec. 135, page 64, line 33, after “act,” by inserting: “and section 1 of Assembly Bill No. 677 of this session,”.
Amend sec. 135, page 64, line 36, by deleting: “or its administrator” and inserting “[or administrator]”.
Amend sec. 135,
page 64, line 40, by deleting “administrator” and inserting: “[administrator] taxicab authority”.
Amend sec. 135,
page 64, line 41, by deleting “administrator” and inserting: “[administrator] taxicab authority”.
Amend sec. 135,
page 65, line 1, by deleting “administrator” and inserting: “[administrator] taxicab authority”.
Amend sec. 135, page 65, line 10, by deleting: “or its administrator” and inserting “[or administrator]”.
Amend sec. 135, page 65, line 13, by deleting: “or its administrator” and inserting “[or administrator]”.
Amend sec. 136, page 65, by deleting lines 25 and 26.
Amend sec. 136, page 65, line 27, by deleting “(i)” and inserting “(g)”.
Amend sec. 136, page 65, line 28, by deleting “(j)” and inserting “(h)”.
Amend sec. 136, page 65, line 29, by deleting “(k)” and inserting “(i)”.
Amend sec. 136, page 65, line 30, by deleting “(l)” and inserting “(j)”.
Amend sec. 136, page 65, line 32, by deleting “(m)” and inserting “(k)”.
Amend sec. 136, page 65, line 33, by deleting “(n)” and inserting “(l)”.
Amend sec. 136, page 65, by deleting line 34.
Amend sec. 136, page 65, line 35, by deleting “(p)” and inserting “(m)”.
Amend sec. 136, page 65, line 36, by deleting “(q)” and inserting “(n)”.
Amend sec. 137, page 66, by deleting lines 17 through 20 and inserting: “the chief of the division of insurance is the commissioner of insurance, the chief of the division of industrial relations is the”.
Amend sec. 137, page 66, by deleting lines 36 and 37 and inserting: “subsection. The provisions of this subsection do not authorize the director to preempt any authority or jurisdiction granted by”.
Amend sec. 137, page 66, line 38, by deleting “as allowing” and inserting “authorize”.
Amend sec. 137, page 66, line 39, by deleting: “be in contravention of” and inserting “contravene”.
Amend sec. 137, page 66, by deleting line 41 and inserting “3. May:”.
Amend sec. 137, page 67, line 11, by deleting “utilize” and inserting “use”.
Amend sec. 137, page 67, line 28, by deleting “so” and inserting “otherwise”.
Amend sec. 137, page 67, line 36, by deleting: “the purpose of”.
Amend sec. 137, page 68, line 4, by deleting: “pertaining to such” and inserting: “relating to those”.
Amend sec. 141, page 70, by deleting lines 18 through 20 and inserting:
“373.117 1. A regional transportation commission, a county whose population is less than 100,000 or an incorporated city within such a county may establish or operate a public transit system consisting of:
(a) Regular routes and fixed schedules to serve the public;
(b) Nonemergency medical transportation of persons to facilitate their use of a center as defined in NRS 435.170, if the transportation is available upon request and without regard to regular routes or fixed schedules;
(c) Nonmedical transportation of disabled persons without regard to regular routes or fixed schedules; or
(d) In a county whose population is less than 100,000 or an incorporated city within such a county, nonmedical transportation of persons if the transportation is available by reservation 1 day in advance of the transportation and without regard to regular routes or fixed schedules.”.
Amend sec. 141, page 70, by deleting line 26 and inserting:
“(a) Minor deviations from the regular routes and fixed schedules required by paragraph (a) of subsection 1 on a”.
Amend sec. 141, page 70, line 29, after “persons” by inserting: “other than those specified in paragraph (b), (c) or (d) of subsection 1”.
Amend sec. 142,
page 72, line 2, after “county,” by inserting: “other than an on‑call
public transit system that provides the nonemergency medical transportation
described in NRS 377A.130,”.
Amend sec. 145, page 75, line 17, after “in” by inserting: “the State of”.
Amend sec. 145, page 75, line 23, by deleting “arrests; and” and inserting “arrests;”.
Amend sec. 145, page 75, line 26, by deleting “department.” and inserting: “department; and
(22) Criminal investigators who are employed by the secretary of state.”.
Amend sec. 150, page 77, line 29, by deleting “administrator” and inserting “director”.
Amend sec. 150, page 77, line 33, by deleting: “accord with the terms” and inserting: “accordance with the provisions”.
Amend sec. 150, page 77, line 37, by deleting “division.” and inserting “department.”.
Amend sec. 150, page 77, by deleting lines 38 through 43, and inserting:
“3. If a brand inspection district is created by the department pursuant to the provisions of this chapter, the director shall adopt regulations defining the boundaries of the district and the fees to be collected for brand inspection and prescribing such other methods of procedure not inconsistent with the provisions of this chapter as he considers necessary.”.
Amend sec. 150, page 78, line 1, by deleting “issued” and inserting “adopted”.
Amend sec. 150, page 78, line 2, by deleting “some” and inserting “a”.
Amend sec. 150, page 78, line 3, by deleting “regulations, [and” and inserting “regulations. [, and”.
Amend sec. 150,
page 78, line 6, by deleting “district,] which” and inserting “district.]
Such”.
Amend the bill as a whole by adding new sections designated sections 151.5 and 151.7, following sec. 151, to read as follows:
“Sec. 151.5. Section 1 of Assembly Bill No. 677 of this session is hereby amended to read as follows:
Section 1. Chapter 706 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Notwithstanding any provision of this section and NRS [706.011 to 706.791,] 706.881 to 706.885, inclusive, and [this section] sections 12 to 21, inclusive, of Senate Bill No. 491 of this session to the contrary, if the registered owner of a vehicle which is impounded pursuant to NRS [706.476] 706.88395 is a short-term lessor licensed pursuant to NRS 482.363 who is engaged in the business of renting or leasing vehicles in accordance with NRS 482.295 to 482.3159, inclusive, the registered owner is not liable for any administrative fine or other penalty that may be imposed by [the] a taxicab authority for the operation of a passenger vehicle in violation of NRS [706.011 to 706.791,] 706.881 to 706.885, inclusive, and sections 12 to 21, inclusive, of Senate Bill No. 491 of this session, if at the time that the vehicle was impounded, the vehicle was in the care, custody or control of a lessee.
2. A short-term lessor may establish that a vehicle was subject to the care, custody or control of a lessee at the time that the vehicle was impounded pursuant to NRS [706.476] 706.88395 by submitting to the taxicab authority a true copy of the lease or rental agreement pursuant to which the vehicle was leased or rented to the lessee by the short-term lessor. The submission of a true copy of a lease or rental agreement is prima facie evidence that the vehicle was in the care, custody or control of the lessee.
3. Upon the receipt of a true copy of a written lease or rental agreement pursuant to subsection 2 which evidences that the vehicle impounded by the taxicab authority pursuant to NRS [706.476] 706.88395 was under the care, custody or control of a lessee and not the registered owner of the vehicle, the taxicab authority shall release the vehicle to the short-term lessor.
4. As used in this section, “short-term lessor” has the meaning ascribed to it in NRS 482.053.
Sec. 151.7. The title of Assembly Bill No. 677 of this session is hereby amended to read as follows:
“AN ACT relating to vehicles; providing immunity under certain circumstances for short-term lessors of vehicles from administrative fines and other penalties that may be imposed by [the transportation services] a taxicab authority for vehicles leased by short-term lessors that are operated in passenger service without a certificate of public convenience and necessity; providing for the release of such a vehicle impounded by [the transportation services] a taxicab authority to a short-term lessor; and providing other matters properly relating thereto.”.
Amend sec. 152, page 83, line 1, before “NRS” by inserting “1.”.
Amend sec. 152, page 83, line 4, by deleting “706.476,”.
Amend sec. 152, page 83, between lines 7 and 8, by inserting:
“2. NRS 706.476 is hereby repealed.
3. Section 4 of Assembly Bill No. 677 of this session is hereby repealed.”.
Amend sec. 153, page 83, line 12, by deleting “July” and inserting “October”.
Amend sec. 154, page 83, line 14, by deleting “July” and inserting “October”.
Amend sec. 155, page 83, line 28, by deleting “July” and inserting “October”.
Amend sec. 155, page 83, line 31, by deleting “June” and inserting “September”.
Amend sec. 156, page 84, line 2, by deleting “July” and inserting “October”.
Amend sec. 156, page 84, line 5, by deleting “June” and inserting “September”.
Amend sec. 157, page 84, line 10, by deleting: “October 1, 1999,” and inserting: “January 1, 2000,”.
Amend sec. 158, page 84, by deleting line 19 and inserting: “January 1, 2000. The ordinance must become effective on January 1, 2000.”.
Amend sec. 159, page 84, line 22, by deleting “June” and inserting “September”.
Amend sec. 159, page 84, by deleting line 23 and inserting:
“2. Not later than October 1, 1999, the governor shall appoint three persons”.
Amend sec. 159, page 84, line 25, by deleting “July” and inserting “October”.
Amend sec. 159, page 84, line 28, by deleting “Three” and inserting “Two”.
Amend sec. 159, page 84, by deleting line 29 and inserting:
“(b) One member to a 3-year term.”.
Amend sec. 160, page 84, line 30, by deleting “July” and inserting “October”.
Amend sec. 160, page 84, line 32, by deleting “July” and inserting “October”.
Amend sec. 162, page 85, line 3, by deleting “July” and inserting “October”.
Amend sec. 162.5, page 85, line 5, by deleting: “section 15.5 of”.
Amend sec. 162.5, page 85, line 6, by deleting “July” and inserting “October”.
Amend sec. 163, page 85, line 7, by deleting “section” and inserting: “section, subsection 3 of section 152”.
Amend sec. 163, page 85, by deleting lines 9 through 12 and inserting:
“2. Sections 1 to 107, inclusive, 109 to 134.5, inclusive, 136 to 151, inclusive, subsection 1 of section 152 and sections 153 to 158, inclusive, 161, 162.5 and 164 of this act become effective on October 1, 1999.
3. Sections 108, 135, 151.5, 151.7 and subsection 2 of section 152 of this act become effective at 12:01 a.m. on October 1, 1999.”.
Senator O’Donnell moved the adoption of the amendment.
Remarks by Senators O’Donnell, Care and McGinness.
Conflict of interest declared by Senator Care.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 432.
Bill read third time.
The following amendment was proposed by Senator Porter:
Amendment No. 1176.
Amend section 1, page 1, by deleting lines 12 and 13 and inserting:
“Section 1. 1. The Legislative Commission shall appoint a subcommittee consisting of three Senators and three Assemblymen to conduct an interim study concerning the programs for air quality control in Clark County.
2. In addition to the legislators, the Legislative Commission shall appoint an advisory committee to assist the subcommittee consisting of:”.
Amend section 1, page 1, line 20, after “(d)” by inserting: “One member appointed by the Board of County Commissioners of Clark County to represent the Nevada Contractors Association;
(e)”.
Amend section 1, page 2, line 1, by deleting “(e)” and inserting “(f)”.
Amend section 1, page 2, line 3, by deleting “(f)” and inserting “(g)”.
Amend section 1, page 2, line 4, by deleting “(g)” and inserting “(h)”.
Amend section 1, page 2, line 5, by deleting “(h)” and inserting “(i)”.
Amend section 1, page 2, line 7, by deleting “(i)” and inserting “(j)”.
Amend section 1, page 2, line 9, by deleting “(j)” and inserting “(k)”.
Amend section 1, page 2, by deleting line 10 and inserting:
“(l) One member appointed by the Southern Nevada Home Builders Association;”.
Amend section 1, page 2, line 11, by deleting “(l)” and inserting “(m)”.
Amend section 1, page 2, line 13, by deleting “(m)” and inserting “(n)”.
Amend section 1, page 2, line 15, by deleting “(n)” and inserting “(o)”.
Amend section 1, page 2, by deleting lines 18 through 20 and inserting:
“3. The subcommittee of the Legislative Commission shall:”.
Amend section 1, page 2, by deleting lines 27 through 29.
Amend sec. 2, page 3, by deleting lines 17 and 18 and inserting: “report of the study to the subcommittee of the Legislative Commission.”
Amend sec. 2, page 3, line 19, by deleting “Committee” and inserting “subcommittee”.
Amend sec. 2, page 3, by deleting lines 20 through 23 and inserting: “report submitted pursuant to subsection 3. Any recommended legislation proposed by the subcommittee must be approved by a majority of the members of the Assembly appointed to the subcommittee and a majority of the members of the Senate appointed to the subcommittee. The Legislative Commission shall submit its findings and recommendations for legislation to the 71st session of the Nevada Legislature.”.
Amend the bill as a whole by renumbering sections 3 and 4 as sections 4 and 5 and adding a new section designated sec. 3, following sec. 2, to read as follows:
“Sec. 3. 1. In consultation with the State Environmental Commission and local air pollution control agencies, the Department of Motor Vehicles and Public Safety shall ensure the expedient implementation of an improved program to determine whether a motor vehicle that uses diesel fuel complies with controls over emissions.
2. As soon as the equipment that is necessary becomes available, the Department of Motor Vehicles and Public Safety shall begin conducting roadside tests of the emissions from motor vehicles that are operated on highways in a county whose population is 400,000 or more to determine whether the vehicles comply with the provisions of NRS 445B.700 to 445B.845, inclusive, and the regulations adopted thereto.
3. The Department of Motor Vehicles and Public Safety shall monitor the effectiveness of its programs for the inspection and maintenance of motor vehicles and shall implement improvements to provide the highest air quality and improvement in air quality.
4. The Department of Motor Vehicles and Public Safety shall implement its use of computers to ensure that its use of staff is efficient, to increase the number of staff that can conduct inspections of motor vehicles and to address current problems with the program to control emissions from motor vehicles.”.
Amend sec. 3, page 3, line 25, by deleting “Clark County” and inserting: “the Legislative Commission”.
Amend sec. 3, page 3, by deleting line 27 and inserting:
“2. The Legislative Commission”.
Amend sec. 3, page 3, line 28, by deleting “County”.
Amend the preamble of the bill, page 1, line 7, by deleting “now, therefore,” and inserting: “and
WHEREAS, The Southern Nevada Strategic Planning Authority was created by Senate Bill No. 383 of the 69th session of the Nevada Legislature; and
WHEREAS, The Southern Nevada Strategic Planning Authority submitted a final report to the 70th session of the Nevada Legislature which establishes a set of goals and objectives that address twelve areas which are highly impacted by growth in the Las Vegas Valley; and
WHEREAS, Support and implementation of the air quality and environmental strategies contained within the final report of the Southern Nevada Strategic Planning Authority are significant to the area of Las Vegas that will not attain the federal standards for air pollution caused by carbon monoxide and particulate matter; and
WHEREAS, While Clark County currently attains the federal standards for air pollution caused by ozone, based upon 11 observations of Clark County exceeding requirements in 1998, it is expected that Clark County will not attain the federal standards for air pollution caused by ozone within the next 3 years; and
WHEREAS, The federal standards for carbon monoxide, particulate matter and ozone cannot be attained and maintained within the Las Vegas Valley without the adoption and implementation of additional or improved strategies to control emissions, or both; and
WHEREAS, The failure to attain the standard for carbon monoxide by December 31, 2000, may result in the loss of federal money; and
WHEREAS, With the exception of heavy-duty motor vehicles, most motorized vehicles registered in the Las Vegas Valley are required to have an annual emission test as part of an inspection and maintenance program; and
WHEREAS, According to the Department of Motor Vehicles and Public Safety, in 1996, diesel‑powered vehicles accounted for less than 2 percent of the vehicles registered in the Las Vegas Valley, yet the Department of Comprehensive Planning in Clark County estimates that diesel-powered vehicles produce substantial amounts of nitrogen oxides, particulate matter and sulfur dioxides that are emitted directly into the air from on-road and nonroad mobile sources; and
WHEREAS, The Carbon Monoxide Air Quality Implementation Plan of 1995 from Clark County identifies gasoline-powered motor vehicles as the primary source of emissions of carbon monoxide within the Las Vegas Valley; and
WHEREAS, The provisions of NRS 445B.798 authorize the Department of Motor Vehicles and Public Safety to conduct a test of the emissions from a motor vehicle that is being operated on a highway in certain counties; and
WHEREAS, The Department agreed to begin conducting tests of the emissions from 50 percent of the motor vehicles in the Las Vegas Valley in the beginning of 2001, and to conduct tests of the emissions from 90 percent of the motor vehicles in the Las Vegas Valley by the end of 2001; and
Whereas, The provisions of NRS 445B.830 establish the pollution control account for the express purpose of providing money to the Department of Motor Vehicles and Public Safety, and to agencies in nonattainment or maintenance areas for carbon monoxide, for programs related to the improvement of the quality of air; now, therefore,”.
Amend the title of the bill to read as follows:
“AN ACT relating to air pollution; directing the Legislative Commission to conduct an interim study of certain air quality control programs; setting forth the purpose and duties of the subcommittee of the Legislative Commission; establishing an advisory committee; directing the Department of Motor Vehicles and Public Safety to implement certain programs of air quality control; making an appropriation; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Directs Legislative Commission to conduct interim study of certain air quality control programs and Department of Motor Vehicles and Public Safety to implement certain programs of air quality control. (BDR S‑54)”.
Senator Porter moved the adoption of the amendment.
Remarks by Senators Porter and Titus.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
UNFINISHED BUSINESS
Signing of Bills and Resolutions
There being no objections, the President and Secretary signed Senate Bills Nos. 38, 74, 103, 132, 282, 362, 375, 396, 428, 435, 476; Assembly Bills Nos. 14, 103, 152, 200, 237, 298, 346, 347, 429, 470, 504, 614, 628, 668; Assembly Joint Resolutions Nos. 13, 26.
REMARKS FROM THE FLOOR
Senator Amodei requested that his remarks be entered in the Journal.
I would like to give an update on the Saturday afternoon softball game while I can still stand. You will be happy to know that the Senate has three-peated as legislative softball champions in a contest that was hard fought by the ringers initially. Then we got the real people in here, the real deals prevailed at the end. We had a new coach this year at first base, Angry Ann O’Connell. Senator Porter and his staff did a great job in setting things up for the barbecue. I would also like to tip my hat to the three years running, never defeated in coaching competition in the Legislature, our Deputy Sergeant at Arms, a great Italian man, Mr. Sam Palazzolo.
GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR
On request of Senator Jacobsen, the privilege of the floor of the Senate Chamber for this day was extended to Gary Jacobsen and Brian Jacobsen.
On request of Senator McGinness, the privilege of the floor of the Senate Chamber for this day was extended to Steve Bradhurst.
On request of Senator O’Donnell, the privilege of the floor of the Senate Chamber for this day was extended to the following students from the Aggie Roberts Elementary School: Jonathan Andreoni, Bobby Baker, Emmagelle Barba, Caitlin Beall, Steve Beyer, Max Blum, Nanda Casciola, Travis Chandler, Michelle Clayton, Katie Cooper, Kimberly Helmick, Mary Huizinga, Jonathan Kirkpatrick, Emily Koenig, Shannon Kroll, Crystal Leonard, Vinny Lipari, Lorelle Luxford, Jason Muniz, Natasha Patel, Kevin Philips, Tyler Putman, Ashley Spinelli, Courtney Strawn, Amanda Walker, Marissa Winters and Alicia Wrona; chaperones: Mrs. Andreoni, Mr. Bichsel, Mrs. Helmick, Mrs. Huizinga, Mrs. Koenig, Mr. Philips, Mr. Runyon, Mr. Spinelli, Mrs. Wilson and teacher Mrs. Bichsel.
On request of Senator Raggio, the privilege of the floor of the Senate Chamber for this day was extended to former Governor Bob Miller.
Senator Raggio moved that the Senate adjourn until Thursday, May 27, 1999 at 11 a.m. and that it do so in memory of Stephen G. Riddell and in memory of John Andrews as requested by Senator James.
Motion carried.
Senate adjourned at 5:15 p.m.
Approved: Lorraine T. Hunt
President of the Senate
Attest: Janice L. Thomas