THE SEVENTY-FIFTH DAY
Carson City (Friday), April 20, 2001
Assembly called to order at 10:52 a.m.
Mr. Speaker presiding.
Roll called.
All present except Assemblymen Arberry, Carpenter, Freeman, Nolan and Tiffany, who were excused.
Prayer by the Chaplain, Reverend Stan Pesis.
Lord God of the Universe, to You and through You, may the ladies and gentlemen of this Assembly be given clarity of vision in the midst of turmoil and the press of business to govern the people of the State of Nevada with justice. Give them, and the support staff that makes their work possible, respite that all may then return to the fray refreshed for the work and decisions that lie ahead.
Amen.
Pledge of allegiance to the Flag.
Assemblyman Manendo moved that further reading of the Journal be dispensed with, and the Speaker and Chief Clerk be authorized to make the necessary corrections and additions.
Motion carried.
REPORTS OF COMMITTEES
Mr. Speaker:
Your Committee on Commerce and Labor, to which were referred Assembly Bills Nos. 289, 338, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Joseph E. Dini, Jr., Chairman
Mr. Speaker:
Your Committee on Education, to which was referred Assembly Bill No. 634, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Wendell P. Williams, Chairman
Mr. Speaker:
Your Concurrent Committee on Education, to which was referred Assembly Bill No. 416, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Wendell P. Williams, Chairman
Mr. Speaker:
Your Committee on Government Affairs, to which was referred Assembly Bill No. 94, 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 Government Affairs, to which was referred Assembly Bill No. 568, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Douglas A. Bache, Chairman
Mr. Speaker:
Your Committee on Judiciary, to which was referred Assembly Bill No. 586, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also, your Committee on Judiciary, to which was referred Assembly Bill No. 133, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Also, your Committee on Judiciary, to which was referred Assembly Bill No. 370, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Also, your Committee on Judiciary, to which was referred Senate Bill No. 31, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Bernie Anderson, Chairman
Mr. Speaker:
Your Committee on Natural Resources, Agriculture, and Mining, to which was referred Assembly Bill No. 629, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Marcia de Braga, Chairman
Mr. Speaker:
Your Committee on Taxation, to which was referred Assembly Bill No. 501, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
David E. Goldwater, Chairman
MESSAGES FROM THE Senate
Senate Chamber, Carson City, April 18, 2001
To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bill No. 254.
Mary Jo Mongelli
Assistant Secretary of the Senate
Senate Chamber, Carson City, April 19, 2001
To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day adopted Assembly Concurrent Resolutions Nos. 25, 26.
Also, I have the honor to inform your honorable body that the Senate on this day passed Senate Bills Nos. 532, 540, 543.
Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bills Nos. 88, 91, 113, 145, 196, 198, 204, 255, 317, 329, 339, 350, 363, 366, 470, 473, 480, 525.
Mary Jo Mongelli
Assistant Secretary of the Senate
MOTIONS, RESOLUTIONS AND NOTICES
Notice of Exemption
April 20, 2001
The Fiscal Analysis Division, pursuant to Joint Standing Rule 14.6, has determined the exemption of: Assembly Bill No. 572.
Mark Stevens
Assembly Concurrent Resolution No. 7.
Resolution read.
Assemblywoman Koivisto moved the adoption of the resolution.
Remarks by Assemblywoman Koivisto.
Resolution adopted.
Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.
Assembly in recess at 11:00 a.m.
ASSEMBLY IN SESSION
At 11:21 a.m.
Mr. Speaker presiding.
Quorum present.
Assemblywoman Buckley moved that the reading of the history of Senate Bills on Introduction be dispensed with for this legislative day.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
Senate Bill No. 88.
Assemblywoman Buckley moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 91.
Assemblywoman Buckley moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Senate Bill No. 113.
Assemblywoman Buckley moved that the bill be referred to the Committee on Education.
Motion carried.
Senate Bill No. 145.
Assemblywoman Buckley moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
Senate Bill No. 196.
Assemblywoman Buckley moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
Senate Bill No. 198.
Assemblywoman Buckley moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Senate Bill No. 204.
Assemblywoman Buckley moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 254.
Assemblywoman Buckley moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 255.
Assemblywoman Buckley moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Senate Bill No. 317.
Assemblywoman Buckley moved that the bill be referred to the Committee on Taxation.
Motion carried.
Senate Bill No. 329.
Assemblywoman Buckley moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Senate Bill No. 339.
Assemblywoman Buckley moved that the bill be referred to the Concurrent Committees on Judiciary and Education.
Motion carried.
Senate Bill No. 350.
Assemblywoman Buckley moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Senate Bill No. 363.
Assemblywoman Buckley moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Senate Bill No. 366.
Assemblywoman Buckley moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 470.
Assemblywoman Buckley moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Senate Bill No. 473.
Assemblywoman Buckley moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Senate Bill No. 480.
Assemblywoman Buckley moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
Senate Bill No. 525.
Assemblywoman Buckley moved that the bill be referred to the Committee on Transportation.
Motion carried.
Senate Bill No. 532.
Assemblywoman Buckley moved that the bill be referred to the Committee on Natural Resources, Agriculture, and Mining.
Motion carried.
Senate Bill No. 540.
Assemblywoman Buckley moved that the bill be referred to the Committee on Health and Human Services.
Motion carried.
Senate Bill No. 543.
Assemblywoman Buckley moved that the bill be referred to the Committee on Education.
Motion carried.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Anderson moved that Assembly Bill No. 435 be taken from the Chief Clerk's desk and placed on the General File.
Remarks by Assemblyman Anderson.
Motion carried.
Assemblywoman Giunchigliani moved that Assembly Bill No. 279 be taken from the General File and re-referred to the Committee on Ways and Means.
Motion carried.
Assemblywoman Giunchigliani moved that Assembly Bill No. 572 be taken from the Chief Clerk’s desk and re-referred to the Committee on Ways and Means.
Motion carried.
Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.
Assembly in recess at 11:33 a.m.
ASSEMBLY IN SESSION
At 11:37 a.m.
Mr. Speaker presiding.
Quorum present.
Assemblywoman Giunchigliani moved that the action whereby Assembly Bill No. 279 was re-referred to the Committee on Ways and Means be rescinded.
Motion carried.
Assemblywoman Giunchigliani moved that Assembly Bill No. 279 be taken from the General File and placed on the Chief Clerk’s desk.
Motion carried.
Assemblywoman Giunchigliani moved that Assembly Bill No. 77 be taken from the Chief Clerk's desk and placed on the General File.
Remarks by Assemblywoman Giunchigliani.
Motion carried.
Assemblywoman Buckley moved that Assembly Bills Nos. 94, 133, 289, 338, 370, 416, 501, 568, 586, 629 and 634 be placed on the Second Reading File.
Motion carried.
Assemblywoman Chowning moved that Assembly Bill No. 647 be taken from the Second Reading File and placed on the Chief Clerk's desk.
Remarks by Assemblywoman Chowning.
Motion carried.
Assemblywoman Chowning moved that Assembly Bill No. 246 be taken from the Chief Clerk's desk and placed on the General File.
Remarks by Assemblywoman Chowning.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 27.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 497.
Amend section 1 of the bill by deleting lines 3 through 7 and inserting:
“1. Except as otherwise provided in subsections 2 and 3, if a child is required to perform any work or community service pursuant to this chapter, the supervising entity shall not allow the child to perform the work or community service on or near a highway or in any other dangerous situation.
2. A supervising entity may allow children to perform work or community service on or near a controlled-access highway if:
(a) The children are not required to perform any work or service in the median of the highway;
(b) The work or service is performed behind a guardrail or other safety barrier;
(c) Appropriate warning signs are placed on the highway at least 100 yards in front of the location where the children are working from both directions, as appropriate based on the speed of the vehicles traveling on the highway;
(d) A vehicle with an amber light placed on top of the vehicle is placed at the site in a manner which shields the children from traffic; and
(e) The children are required to wear reflective vests and orange hats.
3. A supervising entity may allow children to perform work or community service on or near a highway that does not have controlled access if:
(a) The children are not required to perform any work or service in the median of the highway;
(b) Appropriate warning signs are placed at least 100 yards in front of the location where the children are working from both directions, as appropriate based on the speed of the vehicles traveling on the highway;
(c) A vehicle with an amber light placed on top of the vehicle is placed at the site in a manner which shields the children from traffic; and
(d) The children are required to wear reflective vests and orange hats.
4. The supervising entity shall notify the parent or guardian of a child whom it supervises of the nature and location of the work or community service to be performed by the child before taking the child to perform such work or service.”.
Amend section 1, page 1, line 8, by deleting “2.” and inserting “5.”.
Amend section 1, page 1, line 12, after “(b)” by inserting:
“Controlled-access highway” has the meaning ascribed to it in NRS 484.041.
(c)”.
Amend section 1, page 1, between lines 13 and 14 by inserting:
“(d) “Other dangerous situation” means any situation that poses a reasonably foreseeable risk that serious bodily harm or injury to a child could occur.
(e) “Supervising entity” means a person or entity who is responsible for supervising children who are ordered to perform work or community service pursuant to this chapter.”.
Amend the title of the bill to read as follows:
“AN ACT relating to juveniles; prohibiting an entity that supervises a juvenile who is ordered to perform work or community service from placing the juvenile on a highway except under certain circumstances or in any other dangerous situation; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 60.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 398.
Amend section 1, page 2, by deleting lines 5 through 9 and inserting:
“working day before the meeting; and
(b) Mailing a copy of the notice to any person who has requested notice”.
Amend section 1, page 2, line 16, after “4.” by inserting:
“A public body may post additional notice of its meetings on its website on the Internet or its successor if the public body maintains such a website.
5.”.
Amend section 1, page 2, line 28, by deleting “5.” and inserting “[5.] 6.”.
Amend the title of the bill by deleting the first line and inserting:
“AN ACT relating to meetings of public bodies; authorizing a public body to post additional notice of its”.
Amend the summary of the bill to read as follows:
“SUMMARY—Authorizes public body to post additional notice of its meetings on its Internet website, if any. (BDR 18‑674)”.
Assemblyman Bache moved the adoption of the amendment.
Remarks by Assemblyman Bache.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 95.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 455.
Amend the bill as a whole by deleting section 1 and renumbering sections 2 and 3 as sections 1 and 2.
Amend sec. 2, pages 1 and 2, by deleting line 21 on page 1 and lines 1 through 3 on page 2, and inserting:
“classified service. A report must be filed at the end of the 2nd and 5th months of employment if the probationary period is 6 months, or at the end of the 3rd, 7th and 11th months of employment if the probationary period is 12 months.”.
Amend sec. 2, page 2, by deleting lines 8 through 10 and inserting:
“every 12th month thereafter. If the report is not filed [within 30 days after] on or before the required date, the performance of the employee shall be deemed to be standard.”.
Amend the title of the bill to read as follows:
“AN ACT relating to state personnel; revising the provision regarding the filing of an annual report on the performance of a permanent employee; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Revises provision regarding filing of annual report on performance of permanent employee. (BDR 23-343)”.
Assemblyman Bache moved the adoption of the amendment.
Remarks by Assemblyman Bache.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 125.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 499.
Amend section 1, page 1, line 4, by deleting “21” and inserting “18”.
Amend section 1, page 1, line 9, by deleting “21” and inserting “18”.
Amend the title of the bill, second line, by deleting “21” and inserting “18”.
Amend the summary of the bill to read as follows:
“SUMMARY—Prohibits business from employing, allowing or using person less than 18 years of age to distribute promotional materials that include offer for alcoholic beverages. (BDR 15-131)”.
Assemblyman Manendo moved the adoption of the amendment.
Remarks by Assemblyman Manendo.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 163.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 402.
Amend sec. 2, page 2, by deleting lines 20 through 22 and inserting: “entities. [No more than three members of the governing board may serve on any advisory committee and they must not constitute more than 20 percent of the membership of the committee.]”.
Amend sec. 2, page 2, by deleting lines 35 through 38 and inserting: “fiscal matters, air quality and infrastructure; and
(b) Make recommendations to the governing board, regional planning”.
Amend the title of the bill by deleting the fourth through ninth lines and inserting:
“separately to appoint subcommittees and advisory committees for certain purposes; removing the restriction on the number of members of the governing board that may serve on certain advisory committees; and providing”.
Assemblyman Bache moved the adoption of the amendment.
Remarks by Assemblyman Bache.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 308.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 498.
Amend the bill as a whole by deleting sec. 2.
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 327.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 496.
Amend the bill as a whole by deleting sec. 3 and renumbering sec. 4 as sec. 3.
Amend the title of the bill by deleting the third line and inserting “and”.
Amend the summary of the bill to read as follows:
“SUMMARY—Revises order in which arguments must be presented during penalty hearing in cases where death penalty is sought. (BDR 14‑1082)”.
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 345.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 490.
Amend the bill as a whole by deleting sec. 3 and renumbering sections 4 and 5 as sections 3 and 4.
Amend the title of the bill, fourth and fifth lines, by deleting:
“authorizing certain hearing officers or appeals officers to award treble damages to a claimant under certain circumstances;”.
Assemblyman Dini moved the adoption of the amendment.
Remarks by Assemblyman Dini.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 469.
Bill read second time.
The following amendment was proposed by the Committee on Natural Resources, Agriculture, and Mining:
Amendment No. 363.
Amend sec. 6, page 4, line 16, by deleting:
“and each passenger”.
Amend sec. 6, page 4, line 19, by deleting “16” and inserting “14”.
Assemblyman de Braga moved the adoption of the amendment.
Remarks by Assemblyman de Braga.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 497.
Bill read second time.
The following amendment was proposed by the Committee on Health and Human Services:
Amendment No. 491.
Amend the bill as a whole by deleting sections 1 through 18 and adding new sections designated sections 1 through 11, following the enacting clause, to read as follows:
“Section 1. Chapter 460 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.
Sec. 2. As used in sections 2 to 7, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3, 4 and 5 have the meanings ascribed to them in those sections.
Sec. 3. “Anatomical gift” has the meaning ascribed to it in NRS 451.513.
Sec. 4. “Bureau” means the bureau of consumer protection in the office of the attorney general.
Sec. 5. “Consumer’s advocate” means the consumer’s advocate of the bureau of consumer protection.
Sec. 6. 1. The bureau shall:
(a) Establish and carry out educational programs relating to anatomical gifts;
(b) Establish and carry out local and statewide programs to acknowledge publicly families of donors;
(c) Prepare and distribute information relating to anatomical gifts; and
(d) If the consumer’s advocate determines that there is sufficient money in the anatomical gift account created by section 7 of this act, pay the costs for the transplantation of an organ or tissue, including the cost for any medicine required as a result of the transplantation.
2. As used in this section, “donor” has the meaning ascribed to it in NRS 451.525.
Sec. 7. 1. The bureau may apply for and accept any gifts, grants, appropriations or donations to assist the bureau in carrying out programs relating to anatomical gifts.
2. Any money received by the bureau for programs relating to anatomical gifts must be deposited in the state treasury for credit to the anatomical gift account which is hereby created in the state general fund. The consumer’s advocate shall administer the account.
3. The money in the account must only be used to:
(a) Carry out the provisions of section 6 of this act; and
(b) Pay the costs, not to exceed 5 percent of the average balance of the account for each fiscal year, incurred by the bureau to administer programs relating to anatomical gifts.
4. The money in the account must:
(a) Be invested as money in other state accounts is invested; and
(b) Remain in the account and does notrevert to the state general fund at the end of any fiscal year.
5. Each claim against the account must be:
(a) Approved by the consumer’s advocate before the claim is paid; and
(b) Paid as other claims against the state are paid.
Sec. 8. NRS 483.340 is hereby amended to read as follows:
483.340 1. The department shall , upon payment of the required fee , issue to every qualified applicant a driver’s license indicating the type or class of vehicles the licensee may drive. The license must bear a unique number assigned to the licensee pursuant to NRS 483.345, the licensee’s social security number, if he has one, unless he requests that it not appear on the license, the full name, date of birth, mailing address[,] and a brief description of the licensee, and a space upon which the licensee shall write his usual signature in ink immediately upon receipt of the license. A license is not valid until it has been so signed by the licensee.
2. The department may issue a driver’s license for purposes of identification only for use by officers of local police and sheriffs’ departments, agents of the investigation division of the department while engaged in special undercover investigations relating to narcotics or prostitution or for other undercover investigations requiring the establishment of a fictitious identity, federal agents while engaged in undercover investigations, investigators employed by the attorney general while engaged in undercover investigations and agents of the state gaming control board while engaged in investigations pursuant to NRS 463.140. An application for such a license must be made through the head of the police or sheriff’s department, the chief of the investigation division, the director of the appropriate federal agency, the attorney general or the chairman of the state gaming control board. Such a license is exempt from the fees required by NRS 483.410. The department, by regulation, shall provide for the cancellation of any such driver’s license upon the completion of the special investigation for which it was issued.
3. Information pertaining to the issuance of a driver’s license pursuant to subsection 2 is confidential.
4. It is unlawful for any person to use a driver’s license issued pursuant to subsection 2 for any purpose other than the special investigation for which it was issued.
5. At the time of the issuance or renewal of the driver’s license, the department shall [give] :
(a) Give the holder the opportunity to indicate on his driver’s license that he wishes to be a donor of all or part of his body pursuant to NRS 451.500 to 451.590, inclusive, or that he refuses to make an anatomical gift of his body or part of his body[.] ;
(b) Give the holder the opportunity to indicate whether he wishes to donate $1 or more to the anatomical gift account created by section 7 of this act; and
(c) Provide to each holder who is interested in becoming a donor information relating to anatomical gifts, including the procedure for registration as a donor with The Living Bank International or its successor organization.
6. If the holder wishes to make a donation to the anatomical gift account, the department shall collect the donation and deposit the money collected in the state treasury for credit to the anatomical gift account.
7. The department shall submit to The Living Bank International, or its successor organization, information from the records of the department relating to persons who have drivers’ licenses that indicate the intention of those persons to make an anatomical gift. The department shall adopt regulations to carry out the provisions of this subsection.
Sec. 9. NRS 483.410 is hereby amended to read as follows:
483.410 1. Except as otherwise provided in subsection 6, for every driver’s license, including a motorcycle driver’s license, issued and service performed , the following fees must be charged:
A license issued to a person 65 years of age or older $14
An original license issued to any other person 19
A renewal license issued to any other person 19
Reinstatement of a license after suspension, revocation or cancellation, except a revocation for a violation of NRS 484.379 or 484.3795 or pursuant to NRS 484.384 and 484.385 40
Reinstatement of a license after revocation for a violation of NRS 484.379 or 484.3795 or pursuant to NRS 484.384 and 484.385 65
A new photograph, change of name, change of other information, except address, or any combination 5
A duplicate license 14
2. For every motorcycle endorsement to a driver’s license , a fee of $5 must be charged.
3. If no other change is requested or required, the department shall not charge a fee to convert the number of a license from the licensee’s social security number, or a number that was formulated by using the licensee’s social security number as a basis for the number, to a unique number that is not based on the licensee’s social security number.
4. The increase in fees authorized by NRS 483.347 and the fees charged pursuant to NRS 483.383 and 483.415 must be paid in addition to the fees charged pursuant to subsections 1 and 2.
5. A penalty of $10 must be paid by each person renewing his license after it has expired for a period of 30 days or more as provided in NRS 483.386 unless he is exempt pursuant to that section.
6. The department may not charge a fee for the reinstatement of a driver’s license that has been:
(a) Voluntarily surrendered for medical reasons; or
(b) Canceled pursuant to NRS 483.310.
7. All fees and penalties are payable to the administrator at the time a license or a renewal license is issued.
8. Except as otherwise provided in NRS 483.340, 483.415 [,] and 483.840, all money collected by the department pursuant to this chapter must be deposited in the state treasury for credit to the motor vehicle fund.
Sec. 10. NRS 483.840 is hereby amended to read as follows:
483.840 1. The form of the identification cards must be similar to that of drivers’ licenses but distinguishable in color or otherwise.
2. Identification cards do not authorize the operation of any motor vehicles.
3. Identification cards must include the following information concerning the holder:
(a) The name and sample signature of the holder.
(b) A unique identification number assigned to the holder that is not based on the holder’s social security number.
(c) A personal description of the holder.
(d) The date of birth of the holder.
(e) The current address of the holder in this state.
(f) A colored photograph of the holder in full face if he is 21 years of age or older, or a colored photograph in profile if he is under 21 years of age.
4. At the time of the issuance of the identification card, the department shall [give] :
(a) Give the holder the opportunity to indicate on his identification card that he wishes to be a donor of all or part of his body pursuant to NRS 451.500 to 451.590, inclusive, or that he refuses to make an anatomical gift of his body or part of his body [.] ;
(b) Give the holder the opportunity to indicate whether he wishes to donate $1 or more to the anatomical gift account created by section 7 of this act; and
(c) Provide to each holder who is interested in becoming a donor information relating to anatomical gifts, including the procedure for registration as a donor with The Living Bank International or its successor organization.
5. If the holder wishes to make a donation to the anatomical gift account, the department shall collect the donation and deposit the money collected in the state treasury for credit to the anatomical gift account.
6. The department shall submit to The Living Bank International, or its successor organization, information from the records of the department relating to persons who have identification cards issued by the department that indicate the intention of those persons to make an anatomical gift. The department shall adopt regulations to carry out the provisions of this subsection.
7. As used in this section, “photograph” has the meaning ascribed to it in NRS 483.125.
Sec. 11. This act becomes effective on July 1, 2001.”.
Amend the title of the bill to read as follows:
“AN ACT relating to anatomical gifts; requiring the bureau of consumer protection in the office of the attorney general to establish certain programs relating to anatomical gifts; creating the anatomical gift account; requiring the department of motor vehicles and public safety to provide certain information to a holder of a driver’s license or an identification card issued by the department who wishes to make an anatomical gift; and providing other matters properly relating thereto.”.
Assemblywoman Koivisto moved the adoption of the amendment.
Remarks by Assemblywoman Koivisto.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 604.
Bill read second time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 395.
Amend sec. 2, page 2, by deleting lines 12 and 13 and inserting: “other than money, for faithful and exceptional public service.”.
Amend the title of the bill by deleting the first through fourth lines and inserting:
“AN ACT relating to state employees; changing the circumstances under which the governor or the head of a state agency may issue an award for public service to a state employee; requiring the state board of examiners to”.
Assemblyman Giunchigliani moved the adoption of the amendment.
Remarks by Assemblyman Giunchigliani.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 637.
Bill read second time.
The following amendment was proposed by the Committee on Elections, Procedures, and Ethics:
Amendment No. 313.
Amend section 1, page 1, line 2, by deleting:
“to 14, inclusive,” and inserting “and 3”.
Amend the bill as a whole by deleting sections 3 through 13, renumbering sections 14 through 16 as sections 3 through 5 and adding new sections designated sections 6 through 9, following sec. 16, to read as follows:
“Sec. 6. NRS 293.1277 is hereby amended to read as follows:
293.1277 1. If the secretary of state finds that the total number of signatures submitted to all the county clerks is 100 percent or more of the number of registered voters needed to declare the petition sufficient, he shall immediately so notify the county clerks. Within 9 days, excluding Saturdays, Sundays and holidays, after notification, each of the county clerks shall determine the number of registered voters who have signed the documents submitted in his county.
2. If more than 500 names have been signed on the documents submitted to him, a county clerk shall examine the signatures by sampling them at random for verification. The random sample of signatures to be verified must be drawn in such a manner that every signature which has been submitted to the county clerk is given an equal opportunity to be included in the sample. The sample must include an examination of at least 500 or 5 percent of the signatures, whichever is greater.
3. In determining from the records of registration the number of registered voters who signed the documents, the county clerk may use the signatures contained in the file of applications to register to vote. If the county clerk uses that file, he shall ensure that every application in the file is examined, including any application in his possession which may not yet be entered into his records. The county clerk shall rely only on the appearance of the signature and the address and date included with each signature in making his determination.
4. Except as otherwise provided in subsection 6, upon completing the examination, the county clerk shall immediately attach to the documents a certificate properly dated, showing the result of his examination and transmit the documents with the certificate to the secretary of state. A copy of this certificate must be filed in the clerk’s office. When the county clerk transmits the certificate to the secretary of state, the county clerk shall notify the secretary of state of the number of requests to remove a name received by the county clerk pursuant to NRS 295.055 or 306.015.
5. A person who submits a petition to the county clerk which is required to be verified pursuant to NRS 293.128, 293.165, 293.172, 293.200, 295.056, 298.109, 306.035 or 306.110 must be allowed to witness the verification of the signatures. A public officer who is the subject of a recall petition must also be allowed to witness the verification of the signatures on the petition.
6. For any petition containing signatures which are required to be verified pursuant to the provisions of NRS 293.165, 293.200, 306.035 or 306.110 for any county, district or municipal office within one county, the county clerk shall not transmit to the secretary of state the documents containing the signatures of the registered voters.
7. The secretary of state may by regulation establish further procedures for carrying out the provisions of this section.
Sec. 7. NRS 293.1278 is hereby amended to read as follows:
293.1278 1. If the certificates received by the secretary of state from all the county clerks establish that the number of valid signatures is less than 90 percent of the required number of registered voters, the petition shall be deemed to have failed to qualify, and the secretary of state shall immediately so notify the petitioners and the county clerks.
2. If those certificates establish that the [petitioners have] number of valid signatures is equal to or more than the sum of 100 percent of the number of registered voters needed to make the petition sufficient [,] plus the total number of requests to remove a name received by the county clerks pursuant to NRS 295.055 or 306.015, the petition shall be deemed to qualify as of the date of receipt by the secretary of state of those certificates , [showing the petition to have reached 100 percent,] and the secretary of state shall immediately so notify the petitioners and the county clerks.
3. If the certificates establish that the petitioners have 100 percent or more of the number of registered voters needed to make the petition sufficient but the petition fails to qualify pursuant to subsection 2, each county clerk who received a request to remove a name pursuant to NRS 295.055 or 306.015 shall remove each name as requested, amend the certificate, and transmit the amended certificate to the secretary of state. If the amended certificates establish that the petitioners have 100 percent or more of the number of registered voters needed to make the petition sufficient, the petition shall be deemed to qualify as of the date of receipt by the secretary of state of the amended certificates, and the secretary of state shall immediately so notify the petitioners and the county clerks.
Sec. 8. NRS 293.1279 is hereby amended to read as follows:
293.1279 1. If the statistical sampling shows that the number of valid signatures filed is 90 percent or more , but less than the sum of 100 percent of the number of signatures of registered voters needed to declare the petition sufficient [,] plus the total number of requests to remove a name received by the county clerks pursuant to NRS 295.055 or 306.015, the secretary of state shall order the county clerks to examine the signatures for verification. The county clerks shall examine the signatures for verification until they determine that 100 percent of the number of signatures of registered voters needed to declare the petition sufficient are valid. If the county clerks received a request to remove a name pursuant to NRS 295.055 or 306.015, the county clerks may not determine that 100 percent of the number of signatures of registered voters needed to declare the petition sufficient are valid until they have removed each name as requested pursuant to NRS 295.055 or 306.015.
2. If the statistical sampling shows that the number of valid signatures filed in any county is 90 percent or more but less than the sum of 100 percent of the number of signatures of registered voters needed to constitute 10 percent of the number of voters who voted at the last preceding general election in that county [,] plus the total number of requests to remove a name received by the county clerk in that county pursuant to NRS 295.055 or 306.015, the secretary of state may order the county clerk in that county to examine every signature for verification. If the county clerk received a request to remove a name pursuant to NRS 295.055 or 306.015, the county clerk may not determine that 100 percent or more of the number of signatures of registered voters needed to constitute 10 percent of the number of voters who voted at the last preceding general election in that county are valid until he has removed each name as requested pursuant to NRS 295.055 or 306.015.
3. Within 12 days, excluding Saturdays, Sundays and holidays, after receipt of such an order, the clerk shall determine from the records of registration what number of registered voters have signed the petition. If necessary, the board of county commissioners shall allow the county clerk additional assistants for examining the signatures and provide for their compensation. In determining from the records of registration what number of registered voters have signed the petition, the clerk may use any file or list of registered voters maintained by his office or facsimiles of voters’ signatures. The county clerk may rely on the appearance of the signature and the address and date included with each signature in determining the number of registered voters that signed the petition.
4. Except as otherwise provided in subsection 5, upon completing the examination, the county clerk shall immediately attach to the documents of the petition an amended certificate properly dated, showing the result of the examination and shall immediately forward the documents with the amended certificate to the secretary of state. A copy of the amended certificate must be filed in the county clerk’s office.
5. For any petition containing signatures which are required to be verified pursuant to the provisions of NRS 293.165, 293.200, 306.035 or 306.110 for any county, district or municipal office within one county, the county clerk shall not forward to the secretary of state the documents containing the signatures of the registered voters.
6. Except for a petition to recall a county, district or municipal officer, the petition shall be deemed filed with the secretary of state as of the date on which he receives certificates from the county clerks showing the petition to be signed by the requisite number of voters of the state.
7. If the amended certificates received from all county clerks by the secretary of state establish that the petition is still insufficient, he shall immediately so notify the petitioners and the county clerks. If the petition is a petition to recall a county, district or municipal officer, the secretary of state shall also notify the officer with whom the petition is to be filed.
Sec. 9. NRS 293.12795 is hereby amended to read as follows:
293.12795 1. If an appeal is based upon the results of the verification of signatures on a petition performed pursuant to NRS 293.1277 or 293.1279, the secretary of state shall:
(a) If he finds for the appellant, order the county clerk to recertify the petition, including as verified signatures all contested signatures which the secretary of state determines are valid. If the county clerk has not yet removed each name as requested pursuant to NRS 295.055 or 306.015, the county clerk shall do so before recertifying the petition.
(b) If he does not find for the appellant, notify the appellant and the county clerk that the petition remains insufficient.
2. If the secretary of state is unable to make a decision on the appeal based upon the documents submitted to him, the secretary of state may order the county clerk to reverify the signatures.
3. The decision of the secretary of state is a final decision for the purposes of judicial review. The decision of the secretary of state may only be appealed in the first judicial district court.”.
Amend the bill as a whole by renumbering sections 17 through 20 as sections 10 through 13.
Amend the bill as a whole by deleting sec. 21 and renumbering sections 22 through 35 as sections 14 through 27.
Amend sec. 23, page 8, line 44, by deleting “[mail] distribute” and inserting “mail”.
Amend sec. 25, page 9, line 31, by deleting “10th” and inserting “seventh”.
Amend sec. 27, page 10, line 20, after “place,” by inserting:
“including, without limitation, a polling place for early voting,”.
Amend sec. 27, page 10, line 25, by deleting “place” and inserting:
“place, including, without limitation, a polling place for early voting,”.
Amend sec. 30, page 12, line 4, by deleting “[must] may” and inserting “must”.
Amend sec. 30, page 12, line 5, by deleting:
“marked as the” and inserting:
“[marked as the] or”.
Amend sec. 30, page 12, line 19, by deleting “14” and inserting “3”.
Amend sec. 31, pages 12 and 13, by deleting line 48 on page 12 and lines 1 through 5 on page 13 and inserting:
“(a) Arrange the original applications to register to vote [in alphabetical order] for the entire county [and keep them in binders or a suitable file which constitutes] in a manner in which an original application may be quickly located. These original applications constitute the registrar of voters’ register.”.
Amend sec. 31, page 13, line 6, by deleting “[(b)] (c)” and inserting “(b)”.
Amend sec. 32, page 14, line 18, after “vote.” by inserting:
“Please retain the duplicate copy or receipt from your application to register to vote.”.
Amend sec. 33, page 15, by deleting lines 15 and 16 and inserting:
“application. Each application must include a duplicate copy [marked as the]or receipt to be retained by the applicant upon completion of the form.”.
Amend sec. 35, page 17, by deleting line 9 and inserting “place.”.
Amend the bill as a whole by deleting sections 36 through 47 and renumbering sec. 48 as sec. 28.
Amend the bill as a whole by deleting sec. 49 and renumbering sections 50 through 83 as sections 29 through 62.
Amend sec. 51, page 22, line 32, by deleting “[mail] distribute” and inserting “mail”.
Amend sec. 53, page 23, line 19, by deleting “10th” and inserting “seventh”.
Amend sec. 55, page 24, line 8, after “place,” by inserting:
“including, without limitation, a polling place for early voting,”.
Amend sec. 55, page 24, line 13, by deleting “place” and inserting:
“place, including, without limitation, a polling place for early voting,”.
Amend sec. 58, page 25, by deleting line 38 and inserting “place.”.
Amend sec. 60, page 26, line 13, by deleting:
“61 to 65,” and inserting:
“40 to 44,”.
Amend sec. 61, page 26, line 22, by deleting “62” and inserting “41”.
Amend sec. 61, page 26, line 27, by deleting “62” and inserting “41”.
Amend sec. 63, page 27, line 29, by deleting:
“61 or 62” and inserting:
“40 or 41”.
Amend sec. 64, page 27, line 47, by deleting:
“61 to 65,” and inserting:
“40 to 44,”.
Amend sec. 64, page 28, line 2, by deleting “63” and inserting “42”.
Amend sec. 66, page 28, by deleting lines 18 through 20 and inserting:
“3. A person who signs a petition may request that the county clerk remove his name from it by transmitting his request in writing to the county clerk at any time before the petition is filed with the county clerk.”.
Amend sec. 67, page 28, line 36, by deleting:
“61 to 65,” and inserting:
“40 to 44,”.
Amend sec. 67, page 28, line 40, by deleting “twenty-five” and inserting “thirty”.
Amend sec. 68, page 29, by deleting lines 28 through 41 and inserting: “petition. A petition certified insufficient for lack of the required number of valid signatures may be amended once if the petitioners’ committee files a notice of intention to amend it with the county clerk within 2 days after receiving the copy of his certificate and files a supplementary petition upon additional papers within 10 days after receiving the copy of the certificate. A supplementary petition must comply with the requirements of subsections 5 and 6 of NRS 295.095, and within 5 days after it is filed the county clerk shall complete a certificate as to the sufficiency of the petition as amended and promptly send a copy of the certificate to the petitioners’ committee by registered or certified mail.
3.] 2. If a petition [or amended petition] is certified sufficient, or if a”.
Amend sec. 68, page 29, line 42, by deleting:
“or amended petition” and inserting:
“[or amended petition]”.
Amend sec. 68, page 29, line 43, by deleting “amend or” and inserting “[amend or]”.
Amend sec. 68, page 29, line 44, by deleting “4” and inserting “[4] 3”.
Amend sec. 68, page 29, by deleting lines 47 and 48 and inserting:
“[4.] 3. If a [petition has been certified insufficient and the petitioners’ committee does not file notice of intention to amend it or if an amended]”.
Amend sec. 68, page 30, line 6, by deleting “5.” and inserting “[5.] 4.”.
Amend sec. 70, page 30, line 44, by deleting:
“61 to 65,” and inserting:
“40 to 44,”.
Amend sec. 72, page 32, line 13, by deleting:
“61 to 65,” and inserting:
“40 to 44,”.
Amend sec. 72, page 32, line 17, by deleting “twenty-five” and inserting “thirty”.
Amend sec. 73, page 33, by deleting lines 13 through 26 and inserting: “petition. A petition certified insufficient for lack of the required number of valid signatures may be amended once if the petitioners’ committee files a notice of intention to amend it with the city clerk within 2 days after receiving the copy of his certificate and files a supplementary petition upon additional papers within 10 days after receiving the copy of the certificate. A supplementary petition must comply with the requirements of subsections 5 and 6 of NRS 295.205, and within 5 days after it is filed the city clerk shall complete a certificate as to the sufficiency of the petition as amended and promptly send a copy of the certificate to the petitioners’ committee by registered or certified mail.
4.] 2. If a petition [or amended petition] is certified sufficient, or if a”.
Amend sec. 73, page 33, line 27, by deleting:
“or amended petition” and inserting:
“[or amended petition]”.
Amend sec. 73, page 33, line 28, by deleting “amend or” and inserting “[amend or]”.
Amend sec. 73, page 33, line 29, by deleting “4” and inserting “3”.
Amend sec. 73, page 33, by deleting lines 32 and 33 and inserting:
“[5.] 3. If a [petition has been certified insufficient and the petitioners’ committee does not file notice of intention to amend it or if an amended]”.
Amend sec. 73, page 33, line 40, by deleting “5.” and inserting “4.”.
Amend sec. 75, page 34, by deleting lines 39 through 42 and inserting:
“5. Any person who signs a petition to recall any public officer may request that the county clerk remove his name from the petition by submitting a request in writing to the county clerk at any time before the petition is submitted for the verification of the signatures thereon pursuant to NRS 306.035.”.
Amend sec. 76, page 35, by deleting lines 7 through 12 and inserting:
“2. After the verification of signatures is complete, but not later than the date a complaint is filed pursuant to subsection 5 or the date the call for a special election is issued, whichever is earlier, a person who signs a petition to recall may request the secretary of state to strike his name from the petition. If the person demonstrates good cause therefor [,] and the number of such requests received by the secretary of state could affect the sufficiency of the petition, the secretary of state shall strike [his] the name of the person from the petition.”.
Amend the bill as a whole by deleting sections 84 and 85 and renumbering sections 86 through 90 as sections 63 through 67.
Amend the title of the bill to read as follows:
“AN ACT relating to elections; providing for a person without a street address to register to vote; providing that signatures must be removed from certain petitions, upon request, only if the removal of such signatures could affect the sufficiency of the petitions; clarifying who may sign a petition to fill a vacancy in a nomination for a nonpartisan office; allowing certain persons who change designations of political party affiliation to be independent or minor party candidates for partisan office; revising the requirements concerning certain requests for absent ballots and voting by persons who request absent ballots; revising the requirements for handling and maintaining election materials after an election; revising the requirements concerning the form, contents and filing of certain applications to register to vote; prohibiting the public disclosure of certain information concerning voters; providing for the verification of signatures on county and municipal petitions; revising the deadlines for submitting certain county and municipal petitions and removing the option of submitting supplements to such petitions; requiring notice to be given upon an appointment to fill a vacancy in an elected office; repealing the requirement that checklists of voters be created for elections; repealing the restriction on the length of time a voter may remain in a voting booth; and providing other matters properly relating thereto.”.
Assemblywoman Giunchigliani moved the adoption of the amendment.
Remarks by Assemblywoman Giunchigliani.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 639.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 384.
Amend section 1, pages 1 and 2, by deleting line 17 on page 1 and lines 1 through 6 on page 2, and inserting:
“farm equipment that contains in the fuel tank of the farm equipment special fuel which has been dyed. As used in this subsection:
(a) “Farm equipment” means any self-propelled machinery or motor vehicle that is designed solely for tilling soil or for cultivating, harvesting or transporting crops or other agricultural products from a field or other area owned or leased by the operator of the farm equipment and in which the crops or agricultural products are grown, to a field, yard, silo, cellar, shed or other facility which is:
(1) Owned or leased by the operator of the farm equipment;
(2) Used to store or process the crops or agricultural products; and
(3) Located not more than 20 miles from the field or area in which the crops or agricultural products are grown.
The term
includes a tractor, baler or swather or any implement used to retrieve hay.
(b) “Highway” does not include a controlled-access highway as defined in NRS 484.041.”.
Amend the title of the bill to read as follows:
“AN ACT relating to taxes; authorizing a person to operate or maintain on certain highways farm equipment using dyed special fuel under certain circumstances; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY─Authorizes person to operate or maintain on certain highways farm equipment using dyed special fuel under certain circumstances. (BDR 32‑1331)”.
Assemblywoman Chowning moved the adoption of the amendment.
Remarks by Assemblywoman Chowning.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 644.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 383.
Amend section 1, page 1, by deleting line 14 and inserting:
“is used to transport radioactive material.”.
Amend sec. 2, page 2, by deleting line 20 and inserting:
“used to transport radioactive material.”.
Assemblywoman Chowning moved the adoption of the amendment.
Remarks by Assemblywoman Chowning.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Joint Resolution No. 10.
Resolution read second time and ordered to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Dini moved that Assembly Bill No. 620 be taken from the Chief Clerk's desk and placed on the Second Reading File.
Remarks by Assemblyman Dini.
Motion carried.
In compliance with a notice given on a previous day, Assemblyman Lee moved that the vote whereby Assembly Bill No. 442 was refused passage be reconsidered.
Remarks by Assemblyman Lee.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 94.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 171.
Amend the bill as a whole by renumbering section 1 as sec. 1.5 and adding a new section designated section 1, following the enacting clause, to read as follows:
“Section 1. Chapter 247 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If a county recorder imposes an additional fee pursuant to subsection 2 of NRS 247.305, the proceeds collected from such a fee must be accounted for separately in the county general fund. Any interest earned on money in the account, after deducting any applicable charges, must be credited to the account. Money that remains in the account at the end of a fiscal year does not revert to the county general fund, and the balance in the account must be carried forward to the next fiscal year.
2. The money in the account must be used only to acquire technology for or improve the technology used in the office of the county recorder, including, without limitation, costs related to acquiring or improving technology for converting and archiving records, purchasing hardware and software, maintaining the technology, training employees in the operation of the technology and contracting for professional services relating to the technology.
3. The county recorder shall submit an annual report to the board of county commissioners of the county which contains:
(a) An estimate of the proceeds that the county recorder will collect from the additional fee imposed pursuant to subsection 2 of NRS 247.305 in the following fiscal year; and
(b) A proposal for expenditures of the proceeds from the additional fee imposed pursuant to subsection 2 of NRS 247.305 for the costs related to the technology required for the office of the county recorder for the following fiscal year.”.
Amend section 1, page 1, by deleting line 13 and inserting:
“2. Except as otherwise provided in this subsection, a county recorder may charge and collect, in addition to any fee that a county recorder is otherwise authorized to charge and collect, an additional fee not to exceed $3 for recording a document, instrument, paper, notice, deed, conveyance, map, chart, survey or any other writing. A county recorder may not charge the additional fee authorized in this subsection for recording the originally signed copy of a certificate of marriage described in NRS 122.120. On or before the fifth day of each month, the county recorder shall pay to the county treasurer the amount of fees collected by him pursuant to this subsection for credit to the account established pursuant to section 1 of this act.
3. Except as otherwise provided in subsection [3,] 4, a county recorder”.
Amend section 1, page 2, line 6, by deleting “3.” and inserting “[3.] 4.”.
Amend section 1, page 2, line 10, by deleting “4.” and inserting “[4.] 5.”.
Amend section 1, page 2, by deleting line 13 and inserting:
“[5.] 6. Except as otherwise provided in subsection 2 or by an ordinance adopted pursuant to”.
Amend sec. 3, page 2, line 34, by deleting “$15” and inserting “[$15] $17”.
Amend sec. 3, page 2, line 44, by deleting “2” and inserting “[2] 3”.
Amend sec. 3, page 2, line 47, by deleting “15” and inserting “[15] 26”.
Amend sec. 3, page 2, line 49, by deleting “12” and inserting “[12] 20”.
Amend sec. 3, page 3, line 2, by deleting “10” and inserting “[10] 17”.
Amend sec. 3, page 3, line 4, by deleting “9” and inserting “[9] 15”.
Amend sec. 3, page 3, line 6, by deleting “1” and inserting “[1] 2”.
Amend sec. 3, page 3, line 12, by deleting “1” and inserting “[1] 2”.
Amend sec. 3, page 3, line 26, by deleting “3” and inserting “[3] 5”.
Amend sec. 3, page 3, line 29, by deleting “12” and inserting “[12] 20”.
Amend sec. 3, page 3, line 31, by deleting “15” and inserting “[15] 21”.
Amend sec. 3, page 3, line 34, by deleting “1” and inserting “[1] 2”.
Amend sec. 3, page 3, line 35, by deleting “1” and inserting “[1] 2”.
Amend sec. 3, page 3, line 36, by deleting “$1” and inserting “[$1] $2”.
Amend sec. 4, page 4, line 29, by deleting “14” and inserting “15”.
Amend the bill as a whole by deleting sec. 6 and adding:
“Sec. 6. (Deleted by amendment.)”.
Amend sec. 8, page 7, line 31, by deleting “[$56] $65” and inserting “$56”.
Amend sec. 8, page 7, line 34, by deleting “[42] 49” and inserting “42”.
Amend sec. 8, page 7, line 39, by deleting “[72] 80” and inserting “72”.
Amend sec. 8, page 7, line 43, by deleting “[44] 52” and inserting “44”.
Amend sec. 8, page 7, line 47, by deleting “[44] 52” and inserting “44”.
Amend sec. 8, page 8, line 3, by deleting “[44] 52” and inserting “44”.
Amend sec. 8, page 8, line 4, by deleting “[24] 28” and inserting “24”.
Amend sec. 8, page 8, line 15, by deleting “[6] 7” and inserting “6”.
Amend sec. 8, page 8, line 19, by deleting “15” and inserting “[15] 20”.
Amend the bill as a whole by adding new sections designated sections 9.3 and 9.7, following sec. 9, to read as follows:
“Sec. 9.3. NRS 122.060 is hereby amended to read as follows:
122.060 1. The clerk is entitled to receive as his fee for issuing the license the sum of $21.
2. The clerk shall also at the time of issuing the license collect the sum of $10 and pay it over to the county recorder as his fee for recording the originally signed copy of the certificate of marriage described in NRS 122.120.
3. The clerk shall also at the time of issuing the license collect the additional sum of $4 for the State of Nevada. The fees collected for the state must be paid over to the county treasurer by the county clerk on or before the 5th day of each month for the preceding calendar month, and must be placed to the credit of the state general fund. The county treasurer shall remit quarterly all such fees deposited by the clerk to the state treasurer for credit to the state general fund.
4. The clerk shall also at the time of issuing the license collect the additional sum of [$15] $20 for the account for aid for victims of domestic violence in the state general fund. The fees collected for this purpose must be paid over to the county treasurer by the county clerk on or before the 5th day of each month for the preceding calendar month, and must be placed to the credit of that account. The county treasurer shall, on or before the 15th day of each month, remit those fees deposited by the clerk to the state treasurer for credit to that account.
Sec. 9.7. NRS 122.181 is hereby amended to read as follows:
122.181 1. The commissioner of civil marriages or his deputy commissioner of civil marriages is entitled to receive as his fee for solemnizing a marriage [$35. All fees received for solemnizing marriages by the commissioner or his deputy] $45. The fee must be deposited in the county general fund.
2. The commissioner of civil marriages or his deputy commissioner of civil marriages shall also at the time of solemnizing a marriage collect the additional sum of $5 for the account for aid for victims of domestic violence in the state general fund. The fees collected for this purpose must be paid over to the county treasurer by the county clerk on or before the fifth day of each month for the preceding calendar month, and must be credited to that account. The county treasurer shall, on or before the 15th day of each month, remit those fees deposited by the clerk to the state treasurer for credit to that account.”.
Amend the bill as a whole by adding a new section designated sec. 16, following sec. 15, to read as follows:
“Sec. 16. 1. This section and sections 9 and 9.7 of this act become effective on July 1, 2001.
2. Sections 1 to 8, inclusive, and 10 to 15, inclusive, of this act become effective on October 1, 2001.
3. Section 9 of this act expires by limitation on December 31, 2002.
4. Section 9.3 of this act becomes effective on January 1, 2003.”.
Amend the title of the bill to read as follows:
“AN ACT relating to local governments; authorizing a county recorder to charge and collect an additional fee to pay for the acquisition and improvement of technology used in the office of the county recorder; increasing the amount of certain fees charged and collected by certain officials of local governments; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Makes various changes regarding fees charged and collected by certain officials of local governments. (BDR 20‑419)”.
Assemblyman Bache moved the adoption of the amendment.
Remarks by Assemblyman Bache.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 133.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 577.
Amend section 1, page 1, line 2, by deleting:
“2 to 7, inclusive,” and inserting:
“2, 3 and 4”.
Amend the bill as a whole by deleting sections 2 through 5, renumbering sections 6 through 8 as sections 3 through 5 and adding a new section designated sec. 2, following section 1, to read as follows:
“Sec. 2. Except as otherwise provided in NRS 40.670:
1. Before a claimant may commence an action against a contractor for damages arising from a constructional defect, the claimant must give written notice by certified mail, return receipt requested, to the contractor, at the contractor’s last address listed in the records of the state contractors’ board, or at the contractor’s last known address if his address is not listed in the records of the state contractors’ board, specifying in reasonable detail the defects or any damages or injuries to each residence or appurtenance that is the subject of the claim. The notice must describe in reasonable detail the cause of the defects if the cause is known, the nature and extent that is known of the damage or injury resulting from the defects and the location of each defect within each residence or appurtenance to the extent known. An expert opinion concerning the cause of the defects and the nature and extent of the damage or injury resulting from the defects based on a representative sample of the components of the residences and appurtenances involved in the action satisfies the requirements of this subsection.
2. Except as otherwise provided in NRS 40.672, a contractor who receives notice of a constructional defect pursuant to subsection 1 may make the repairs necessary to remedy the defects and repair any damage or injury to the residence or appurtenance described in the notice. The contractor shall complete any such repairs within a reasonable time, but in any event:
(a) If the constructional defect is not part of a complex matter, not later than 45 days after receiving the notice; or
(b) If the constructional defect is part of a complex matter, not later than 90 days after receiving the notice,
\
unless the claimant and the contractor agree in writing to extend
the time for completing the repairs in which case the repairs must be completed
not later than the time set forth in the agreement.
3. In making repairs pursuant to subsection 2, the contractor shall:
(a) Make the repairs at reasonable times that are agreed to in advance by the claimant, or by the owner of the residence or appurtenance if the claimant is a representative of a homeowner’s association;
(b) Ensure that all of the work to make the repairs is completed by contractors and subcontractors who are properly licensed, bonded and insured;
(c) Take any action necessary to prevent a mechanic’s lien from being obtained on the property of the claimant on which the repairs are being made, to remove such a mechanic’s lien if one is obtained, and to indemnify the claimant against any expenses incurred by the claimant concerning such a mechanic’s lien; and
(d) Provide to the claimant a written report of each repair made, the method used to make the repair and the parts replaced in making such repairs.
4. The claimant shall allow the contractor a reasonable opportunity to make repairs pursuant to subsection 2.
5. If the claimant is not satisfied with the repairs made pursuant to subsection 2 or NRS 40.672 or the contractor does not make the repairs within the time set forth in subsection 2 or within the time agreed to in writing by the claimant and the contractor, the claimant may commence an action governed by NRS 40.600 to 40.695, inclusive, against the contractor for a constructional defect or any damages or injuries that were specified in the notice provided to the contractor pursuant to subsection 1.
6. If the contractor does not take action to make repairs or attempt to make repairs described in subsection 2 within the time set forth in subsection 2 or within the time agreed to in writing by the claimant and the contractor, the contractor waives any other right that is provided by contract, statute or warranty to compel the repair of a constructional defect described in the notice.
7. Nothing in this section affects the ability of claimants to maintain a class action for constructional defects against a contractor.”.
Amend sec. 6, page 3, by deleting lines 21 through 44 and inserting:
“action for the professional negligence of a design professional, including, without limitation, an action filed pursuant to NRS 40.600 to 40.695, inclusive, and sections 2, 3 and 4 of this act, concurrently with the service of the first pleading in an action, the attorney for the complainant shall file an affidavit with the court stating that the attorney:
(a) Has reviewed the facts of the case;
(b) Has consulted with a design professional who practices in this state or who teaches at an accredited college or university in this state in a discipline relevant to the action and naming the design professional consulted;
(c) Reasonably believes the design professional who was consulted is knowledgeable in the relevant discipline involved in the action; and
(d) Has concluded on the basis of his review and the consultation with the design professional that the action has a reasonable basis in law and fact.”.
Amend sec. 6, page 4, line 7, by deleting:
“paragraph (a) of”.
Amend sec. 6, page 4, line 8, by deleting “The” and inserting:
“Except as otherwise provided in subsection 4, the”.
Amend sec. 6, page 4, by deleting lines 23 and 24 and inserting:
“4. In an action brought by a claimant in which an affidavit is required to be filed pursuant to subsection 1:
(a) The report required pursuant to subsection 3 is not required to include the information set forth in paragraphs (c) and (d) of subsection 3 if the claimant or his attorney files an affidavit, at the time that the affidavit is filed pursuant to subsection 1, stating that he made reasonable efforts to obtain the nonprivileged documents described in paragraph (c) of subsection 3, but was unable to obtain such documents before filing the action;
(b) The claimant or his attorney shall amend the report required pursuant to subsection 3 to include any documents and information required pursuant to paragraph (c) or (d) of subsection 3 as soon as reasonably practicable after receiving the document or information; and
(c) The court may dismiss the action if the claimant and his attorney fail to comply with the requirements of paragraph (b).
5. A complainant whose attorney files an affidavit pursuant to subsection 1 who does not prevail in the action is liable”.
Amend sec. 6, page 4, line 30, by deleting “5.” and inserting “6.”.
Amend sec. 6, page 4, by deleting lines 32 through 34, and inserting:
“7. As used in this section, “design professional” means a person who holds a professional license or certificate issued pursuant to chapter 623, 623A or 625 of NRS, or a person who is engaged in the practice of professional engineering, land surveying, architecture or landscape architecture.”.
Amend sec. 7, page 4, lines 40, 41, 44 and 46, by deleting “6” and inserting “3”.
Amend sec. 8, page 5, by deleting lines 2 through 5 and inserting:
“40.600 As used in NRS 40.600 to 40.695, inclusive, and sections 2, 3 and 4 of this act, unless the context otherwise requires, the words and terms defined in NRS 40.605 to 40.630, inclusive, have the meanings ascribed to them in those sections.”.
Amend the bill as a whole by deleting sections 9 through 16, renumbering sec. 17 as sec. 13 and adding new sections designated sections 6 to 12, following sec. 8, to read as follows:
“Sec. 6. NRS 40.645 is hereby amended to read as follows:
40.645 Except as otherwise provided in this section and NRS 40.670:
1. For a claim that is not a complex matter, if a contractor does not take action to make repairs or attempt to make repairs pursuant to subsection 2 of section 2 of this act within the time set forth in subsection 2 of section 2 of this act or within the time agreed to in writing by the claimant and the contractor, at least 60 days before a claimant commences an action against a contractor for damages arising from a constructional defect, the claimant must give written notice by certified mail, return receipt requested, to the contractor, at the contractor’s last known address, specifying in reasonable detail the defects or any damages or injuries to each residence or appurtenance that is the subject of the claim. The notice must describe in reasonable detail the cause of the defects if the cause is known, the nature and extent that is known of the damage or injury resulting from the defects and the location of each defect within each residence or appurtenance to the extent known. An expert opinion concerning the cause of the defects and the nature and extent of the damage or injury resulting from the defects based on a representative sample of the components of the residences and appurtenances involved in the action satisfies the requirements of this section. During the 45-day period after the contractor receives the notice, on his written request, the contractor is entitled to inspect the property that is the subject of the claim to determine the nature and cause of the defect, damage or injury and the nature and extent of repairs necessary to remedy the defect. The contractor shall, before making the inspection, provide reasonable notice of the inspection and shall make the inspection at a reasonable time. The contractor may take reasonable steps to establish the existence of the defect.
2. If a residence or appurtenance that is the subject of the claim is covered by a homeowner’s warranty that is purchased by or on behalf of a claimant pursuant to NRS 690B.100 to 690B.180, inclusive, a claimant shall diligently pursue a claim under the contract.
3. Within 60 days after the contractor receives [the notice,] notice pursuant to subsection 1, the contractor shall make a written response to the claimant. The response:
(a) Must be served to the claimant by certified mail, return receipt requested, at the claimant’s last known address.
(b) Must respond to each constructional defect set forth in the claimant’s notice, and describe in reasonable detail the cause of the defect, if known, the nature and extent of the damage or injury resulting from the defect, and, unless the response is limited to a proposal for monetary compensation, the method, adequacy and estimated cost of any proposed repair.
(c) May include[:
(1) A] a proposal for monetary compensation, which may include a contribution from a subcontractor.
[(2) If the contractor or his subcontractor is licensed to make the repairs, an agreement by the contractor or subcontractor to make the repairs.
(3) An agreement by the contractor to cause the repairs to be made, at the contractor’s expense, by another contractor who is licensed to make the repairs, bonded and insured.
The
repairs must be made within 45 days after the contractor receives written
notice of acceptance of the response, unless completion is delayed by the
claimant or by other events beyond the control of the contractor, or timely
completion of the repairs is not reasonably possible. The claimant and the
contractor may agree in writing to extend the periods prescribed by this
section.]
4. Not later than 15 days before the mediation required pursuant to NRS 40.680 and upon providing 15 days’ notice, each party shall provide the other party, or shall make a reasonable effort to assist the other party to obtain, all relevant reports, photos, correspondence, plans, specifications, warranties, contracts, subcontracts, work orders for repair, videotapes, technical reports, soil and other engineering reports and other documents or materials relating to the claim that are not privileged.
5. If the claimant is a representative of a homeowner’s association, the association shall submit any response made by the contractor to each member of the association.
6. As used in this section, “subcontractor” means a contractor who performs work on behalf of another contractor in the construction of a residence or appurtenance.
Sec. 7. NRS 40.650 is hereby amended to read as follows:
40.650 1. If a claimant unreasonably rejects a reasonable written offer of settlement made as part of a response made pursuant to NRS 40.645 or 40.682 or does not permit the contractor or independent contractor a reasonable opportunity to repair the defect pursuant to [an accepted offer of settlement] section 2 of this act and thereafter commences an action governed by NRS 40.600 to 40.695, inclusive, the court in which the action is commenced may:
(a) Deny the claimant’s attorney’s fees and costs; and
(b) Award attorney’s fees and costs to the contractor.
Any sums paid under
a homeowner’s warranty, other than sums paid in satisfaction of claims that are
collateral to any coverage issued to or by the contractor, must be deducted
from any recovery.
2. If a contractor fails to:
(a) Make an offer of settlement;
(b) Make a good faith response to the claim asserting no liability;
(c) Complete, in a good and workmanlike manner, the repairs [specified in an accepted offer;] he makes pursuant to section 2 of this act;
(d) Agree to a mediator or accept the appointment of a mediator pursuant to NRS 40.680 or subsection 4 of NRS 40.682; or
(e) Participate in mediation,
the limitations on
damages and defenses to liability provided in NRS 40.600 to 40.695, inclusive,
do not apply and the claimant may commence an action without satisfying any
other requirement of NRS 40.600 to 40.695, inclusive.
3. If coverage under a homeowner’s warranty is denied by an insurer in bad faith, the homeowner and the contractor have a right of action for the sums that would have been paid if coverage had been provided, plus reasonable attorney’s fees and costs.
Sec. 8. NRS 40.667 is hereby amended to read as follows:
40.667 1. Except as otherwise provided in subsection 2, a written waiver or settlement agreement executed by a claimant after a contractor has corrected or otherwise repaired a constructional defect does not bar a claim for the constructional defect if it is determined that the contractor failed to correct or repair the defect properly.
2. The provisions of subsection 1 do not apply to any written waiver or settlement agreement described in subsection 1, unless:
(a) The claimant has obtained the opinion of an expert concerning the constructional defect;
(b) The claimant has provided the contractor with a written notice of the defect pursuant to NRS 40.645 [or 40.682] , 40.682 or section 2 of this act and a copy of the expert’s opinion; and
(c) The claimant and the contractor have complied with the requirements for inspection and repair as provided in NRS 40.600 to 40.695, inclusive.
3. If a claimant does not prevail in any action which is not barred pursuant to this section, the court may:
(a) Deny the claimant’s attorney’s fees, fees for an expert witness or costs; and
(b) Award attorney’s fees and costs to the contractor.
Sec. 9. NRS 40.682 is hereby amended to read as follows:
40.682 Except as otherwise provided in this section and NRS 40.670:
1. Notwithstanding the provisions of subsection 1 of NRS 40.680, a claimant may commence an action in district court in a complex matter. If the claimant commences an action in district court he shall:
(a) File and serve the summons and complaint as required by law; and
(b) [At] If a contractor does not take action to make repairs or attempt to make repairs pursuant to subsection 2 of section 2 of this act within the time set forth in subsection 2 of section 2 of this act or within the time agreed to in writing by the claimant and the contractor, at the same time and in the same manner as the claimant serves the summons and complaint upon the contractor, serve upon the contractor a written notice specifying in reasonable detail, to the extent known, the defects and any damages or injuries to each residence or appurtenance that is the subject of the claim. The notice must describe in reasonable detail each defect, the specific location of each defect, and the nature and extent that is known of the damage or injury resulting from each defect. If an expert opinion has been rendered concerning the existence or extent of the defects, a written copy of the opinion must accompany the notice. An expert opinion that specifies each defect to the extent known, the specific location of each defect to the extent known, and the nature and extent that is known of the damage or injury resulting from each defect, based on a valid and reliable representative sample of the residences and appurtenances involved in the action, satisfies the requirements of this section.
2. The contractor shall file and serve an answer to the complaint as required by law.
3. Not later than 30 days after the date of service of the answer to the complaint, the contractor and claimant shall meet to establish a schedule for:
(a) The exchange of or reasonable access for the other party to all relevant reports, photos, correspondence, plans, specifications, warranties, contracts, subcontracts, work orders for repair, videotapes, technical reports, soil and other engineering reports and other documents or materials relating to the claim that are not privileged;
(b) The inspection of the residence or appurtenance that is the subject of the claim to evaluate the defects set forth in the notice served pursuant to subsection 1; and
(c) The conduct of any tests that are reasonably necessary to determine the nature and cause of a defect or any damage or injury, and the nature and extent of repairs necessary to remedy a defect or any damage or injury. The party conducting the test shall provide reasonable notice of the test to all other parties and conduct the test at a reasonable time.
4. At the meeting held pursuant to subsection 3, the claimant and contractor shall:
(a) Establish a schedule for the addition of any additional parties to the complaint or to file any third-party complaint against an additional party who may be responsible for all or a portion of the defects set forth in the notice served pursuant to subsection 1;
(b) Unless the claimant and contractor agree otherwise in writing, select a mediator and proceed with mediation as provided in subsections 2 to 6, inclusive, of NRS 40.680; and
(c) If the claimant and contractor agree, select a special master and jointly petition the court for his appointment pursuant to subsection 7.
5. Each party added to the complaint or against whom a third-party complaint is filed pursuant to subsection 4 shall file and serve an answer as required by law.
6. If the claimant or contractor adds a party to the complaint or files a third-party complaint, then not later than 60 days after the date determined pursuant to paragraph (a) of subsection 4, the contractor, claimant and each party added to the complaint or against whom a third-party complaint is filed shall meet to establish a schedule for the activities set forth in paragraphs (a), (b) and (c) of subsection 3.
7. If a special master has not been appointed, the contractor, claimant or a party added to the complaint or against whom a third-party complaint is filed may petition the court for the appointment of a special master at any time after the meeting held pursuant to subsection 3. The special master may:
(a) Take any action set forth in subsection 4 of NRS 40.680;
(b) Exercise any power set forth in Rule 53 of the Nevada Rules of Civil Procedure; and
(c) Subject to the provisions of NRS 40.680, if the parties fail to establish a schedule or determine a date as required in subsection 3, 4 or 6, establish the schedule or determine the date.
8. Unless the mediation required pursuant to paragraph (b) of subsection 4 is completed or the contractor and claimant have agreed in writing not to mediate the claim pursuant to paragraph (b) of subsection 4, a party shall not propound interrogatories or requests for admission, take a deposition or file a motion that is dispositive of the action except:
(a) Upon agreement of the parties; or
(b) With the prior approval of the court or special master.
9. If a residence or appurtenance that is the subject of the claim is covered by a homeowner’s warranty that is purchased by or on behalf of a claimant pursuant to NRS 690B.100 to 690B.180, inclusive, a claimant shall diligently pursue a claim under the contract.
10. Unless the parties agree otherwise, not less than 60 days before the date of the mediation pursuant to paragraph (b) of subsection 4 is convened, the contractor shall make a written response to the claimant that meets the requirements set forth in subsection 3 of NRS 40.645.
11. If the claimant is a representative of a homeowner’s association, the association shall submit any response made by the contractor to each member of the association in writing not more than 30 days after the date the claimant receives the response.
12. The claimant shall respond to the written response of the contractor within 45 days after the response of the contractor is mailed to the claimant.
Sec. 10. NRS 40.688 is hereby amended to read as follows:
40.688 1. If a claimant attempts to sell a residence that is or has been the subject of a claim governed by NRS 40.600 to 40.695, inclusive, or the subject of a notice given pursuant to section 2 of this act, he shall disclose, in writing, to any prospective purchaser of the residence, not less than 30 days before the close of escrow for the sale of the residence or, if escrow is to close less than 30 days after the execution of the sales agreement, then immediately upon the execution of the sales agreement or, if a claim is initiated or a notice is given less than 30 days before the close of escrow, within 24 hours after giving written notice to the contractor pursuant to section 2 of this act, subsection 1 of NRS 40.645 or subsection 1 of NRS 40.682:
(a) All notices given by the claimant to the contractor pursuant to NRS 40.600 to 40.695, inclusive, that are related to the residence;
(b) All opinions the claimant has obtained from experts regarding a constructional defect that is or has been the subject of the claim;
(c) The terms of any settlement, order or judgment relating to the claim; and
(d) A detailed report of all repairs made to the residence by or on behalf of the claimant as a result of a constructional defect that is or has been the subject of the claim.
2. Before taking any action on a claim pursuant to NRS 40.600 to 40.695, inclusive, or giving notice pursuant to section 2 of this act, the attorney for a claimant shall notify the claimant in writing of the provisions of this section.
Sec. 11. NRS 40.692 is hereby amended to read as follows:
40.692 If, after complying with the procedural requirements of section 2 of this act and NRS 40.645 and 40.680, or NRS 40.682, a claimant proceeds with an action for damages arising from a constructional defect:
1. The claimant and each contractor who is named in the original complaint when the action is commenced are not required, while the action is pending, to comply with the requirements of section 2 of this act, NRS 40.645 or 40.680, or NRS 40.682, for any constructional defect that the claimant includes in an amended complaint, if the constructional defect:
(a) Is attributable, in whole or in part, to such a contractor;
(b) Is located on the same property described in the original complaint; and
(c) Was not discovered before the action was commenced provided that a good faith effort had been undertaken by the claimant.
2. The claimant is not required to give written notice of a defect pursuant to subsection 1 of NRS 40.645 or subsection 1 of NRS 40.682 to any person who is joined to or intervenes in the action as a party after it is commenced. If such a person becomes a party to the action:
(a) For the purposes of subsection 1 of NRS 40.645 or subsection 1 of NRS 40.682, the person shall be deemed to have been given notice of the defect by the claimant on the date on which the person becomes a party to the action; and
(b) The provisions of NRS 40.600 to 40.695, inclusive, apply to the person after that date.
Sec. 12. NRS 40.695 is hereby amended to read as follows:
40.695 1. Except as otherwise provided in subsection 2, statutes of limitation or repose applicable to a claim based on a constructional defect governed by NRS 40.600 to 40.695, inclusive, are tolled from the time notice of the claim is given[,] or notice of a defect, damage or injury is given pursuant to section 2 of this act, until 30 days after mediation is concluded or waived in writing pursuant to NRS 40.680 or subsection 4 of NRS 40.682.
2. Tolling under this section applies:
(a) Only to a claim that is not a complex matter.
(b) To a third party regardless of whether the party is required to appear in the proceeding.”.
Amend sec. 17, page 13, line 39, by deleting:
“2 to 7, inclusive,” and inserting:
“2, 3 and 4 of this act”.
Amend the title of the bill to read as follows:
“AN ACT relating to real property; requiring a claimant to provide notice concerning constructional defects to a contractor and allow the contractor to make repairs before commencing an action against the contractor; requiring an affidavit in support of an action for professional negligence against a design professional; and providing other matters properly relating thereto.”.
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assemblyman Anderson moved that upon return from the printer Assembly Bill No. 133 be placed on the Chief Clerk’s desk.
Motion carried.
Assembly Bill No. 289.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 394.
Amend section 1, page 1, line 2, by deleting:
“includes[:] only:” and inserting “includes:”.
Amend section 1, page 2, line 8, by deleting “or”.
Amend section 1, page 2, line 11, by deleting “offenders.” and inserting:
“offenders[.] ; and
10. The state fire marshal, his assistant and his deputies.”.
Amend the title of the bill to read as follows:
“AN ACT relating to public employees; including the state fire marshal, his assistant and his deputies within the definition of a “police officer” for various purposes relating to industrial injuries, occupational diseases and programs for public employees; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Expands definition of “police officer” for various purposes relating to industrial injuries, occupational diseases and programs for public employees. (BDR 53‑393)”.
Assemblyman Dini moved the adoption of the amendment.
Remarks by Assemblyman Dini.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 338.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 514.
Amend the bill as a whole by deleting sections 1 through 3 and adding:
“Secs. 1-3. (Deleted by amendment.)”.
Amend sec. 6, page 4, line 32, by deleting “alternate” and inserting “alternative”.
Amend sec. 6, page 5, line 3, by deleting “alternate” and inserting “alternative”.
Amend sec. 7, page 5, line 35, by deleting “specialist,” and inserting:
“specialist for treatment,”.
Amend sec. 7, page 6, line 6, by deleting “specialist,” and inserting:
“specialist for treatment,”.
Amend sec. 7, page 6, lines 13 and 14, by deleting:
“may, without obtaining prior approval from the insurer,” and inserting “may”.
Amend sec. 7, page 6, line 35, by deleting “alternate” and inserting “alternative”.
Amend sec. 13, page 11, by deleting line 17 and inserting:
“accident to the claimant [.] or the date the occupational disease is contracted by the claimant. If a claim is reopened”.
Amend sec. 14, page 12, lines 22 and 23, by deleting:
“must:
(a) Specify” and inserting “must specify”.
Amend sec. 14, page 12, line 24, by deleting “[(a)] (1)” and inserting “(a)”.
Amend sec. 14, page 12, line 27, by deleting “[(b)] (2)” and inserting “(b)”.
Amend sec 14, page 12, line 28, by deleting “[(1)] (I)” and inserting “(1)”.
Amend sec. 14, page 12, line 31, by deleting “[(2)] (II)” and inserting “(2)”.
Amend sec. 14, page 12, by deleting lines 34 through 47.
Amend sec. 15, page 13, line 29, by deleting:
“When an insurer contacts the” and inserting:
“If an insurer contacts the treating”.
Amend sec. 15, page 13, line 32, before “physician” by inserting “treating”.
Amend sec. 15, pages 13 and 14, by deleting lines 48 and 49 on page 13 and lines 1 through 4 on page 14, and inserting:
“is of a type that might have caused such a loss. No factors other than the degree of physical or psychological impairment of the whole man may be considered in calculating the entitlement to compensation for a permanent partial disability.”.
Amend sec. 15, page 14, line 5, before “6.” by inserting “[5.]”.
Amend the bill as a whole by deleting sections 20 through 26.
Amend the title of the bill to read as follows:
“AN ACT relating to workers’ compensation; requiring an insurer to reimburse an injured employee for medical expenses paid by the employee under certain circumstances; requiring insurers to provide certain types of notifications concerning an injured employee’s right to choose physicians or chiropractors; requiring the administrator of the division of industrial relations of the department of business and industry to design a form notifying injured employees of their right to choose an alternative physician or chiropractor; allowing injured employees to choose under certain circumstances physicians or chiropractors who are not under contract with the managed care organization of the insurer; allowing an injured employee to choose any qualified physician or chiropractor to render a second determination of his percentage of disability; revising certain provisions governing eligibility for compensation for reopening a claim; revising the provisions governing offers of temporary, light-duty employment; revising the provisions governing the determination of a permanent partial disability; revising provisions governing eligibility for and length, goals and amounts of vocational rehabilitation services; and providing other matters properly relating thereto.”.
Assemblyman Dini moved the adoption of the amendment.
Remarks by Assemblyman Dini.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Williams moved that Assembly Bill No. 351 be taken from the Chief Clerk's desk and placed on the General File.
Remarks by Assemblyman Williams.
Motion carried.
Assemblyman Lee moved that Assembly Bill No. 442 be taken from the General File and placed on the Chief Clerk's desk.
Remarks by Assemblyman Lee.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 370.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 301.
Amend sec. 8, page 3, by deleting lines 11 through 14.
Amend sec. 12, pages 4 and 5, by deleting lines 45 through 49 on page 4 and lines 1 through 8 on page 5, and inserting:
“served with a copy of the order and the officer is at the workplace of the employer, the officer shall serve the person with a copy of the order if a copy is available.
3. A law enforcement officer who serves a person with a copy of an order pursuant to subsection 2 shall note the date and time of such service on the copy of the order that was issued to the employer.”.
Amend sec. 13, page 5, by deleting lines 9 through 17 and inserting:
“Sec. 13. 1. An employer or an authorized agent of an employer may register an order for protection against harassment in the workplace issued by the court of another state by presenting a certified copy of the order”.
Amend sec. 13, page 5, by deleting lines 20 through 30.
Amend sec. 13, page 5, line 31, by deleting “4.” and inserting “2.”.
Amend sec. 13, page 5, line 34, by deleting “5.” and inserting “3.”.
Amend sec. 13, page 5, by deleting lines 36 through 39.
Amend sec. 14, page 5, by deleting lines 40 through 45 and inserting:
“Sec. 14. A court, law enforcement officer or any other person who enforces”.
Amend the bill as a whole by deleting sec. 15 and adding:
“Sec. 15. (Deleted by amendment.)”.
Amend sec. 18, page 6, line 29, by deleting “and”.
Amend sec. 18, page 6, line 32, by deleting “labor.” and inserting:
“labor; or
3. Prohibit a person from engaging in any activity which is part of a labor dispute.”.
Amend the bill as a whole by deleting sec. 23 and renumbering sec. 24 as sec. 23.
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 416.
Bill read second time.
The following amendment was proposed by the Committee on Education:
Amendment No. 358.
Amend the bill as a whole by deleting sections 4 and 5 and inserting:
“Secs. 4 and 5. (Deleted by amendment.)”.
Amend sec. 11, page 6, by deleting line 9 and inserting:
“2. Section 7 of this act becomes effective on July 1, 2001.”.
Amend the bill as a whole by adding a preamble, immediately preceding the enacting clause, to read as follows:
“Whereas, Improving educational results for pupils with disabilities is an essential element of the goal of this state to ensure equality of opportunity, full participation, independent living and economic self-sufficiency for persons with disabilities; and
Whereas, It is important for the school districts in this state to recognize the practice commonly referred to as “mainstreaming,” which ensures that pupils with disabilities receive appropriate educational services in a manner that allows those pupils to participate in regular school programs and the general curriculum to the maximum extent possible; and
Whereas, If a disproportionate number of pupils with disabilities are assigned to a regular education classroom, it may place an undue burden upon the regular education teacher and may impede the learning environment to such an extent that the beneficial effects of mainstreaming are diminished; and
Whereas, The boards of trustees of the school districts in this state should adopt policies or regulations providing that the total number of pupils with disabilities that may be assigned to a regular education classroom with pupils who do not have disabilities must not exceed, to the extent practicable, 30 percent of the total number of pupils in the classroom; now, therefore,”.
Amend the title of the bill, second and third lines, by deleting:
“prescribing a maximum percentage of pupils with disabilities in a regular education classroom;”.
Assemblyman Williams moved the adoption of the amendment.
Remarks by Assemblymen Williams and Giunchigliani.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 501.
Bill read second time.
The following amendment was proposed by the Committee on Taxation:
Amendment No. 430.
Amend the bill as a whole by deleting section 1 and renumbering sec. 2 as section 1.
Amend the bill as a whole by deleting sections 3 through 5 and renumbering sections 6 through 10 as sections 2 through 6.
Amend sec. 6, page 5, lines 8 and 19, by deleting “400,000” and inserting “100,000”.
Amend sec. 7, page 5, lines 28, 33 and 36, by deleting “6” and inserting “2”.
Amend sec. 8, page 6, line 21, by deleting “6” and inserting “2”.
Amend sec. 9, page 6, line 48, by deleting “6” and inserting “2”.
Amend the bill as a whole by adding new sections designated sections 7 and 8, following sec. 10, to read as follows:
“Sec. 7. NRS 482.181 is hereby amended to read as follows:
482.181 1. Except as otherwise provided in subsection 4, the department shall certify monthly to the state board of examiners the amount of the basic and supplemental governmental services taxes collected for each county by the department and its agents during the preceding month, and that money must be distributed monthly as provided in this section.
2. Any supplemental governmental servicestax collected for a county must be distributed only to the county, to be used as provided in NRS 371.045 and 371.047.
3. The distribution of the basic governmental servicestax within a county must be made to local governments, special districts and enterprise districts pursuant to the provisions of NRS 360.680 and 360.690. The distribution of the basic governmental servicestax must be made to the county school district within the county before the distribution of the basic governmental servicestax pursuant to the provisions of NRS 360.680 and 360.690 and in the same ratio as all property taxes were levied in the county in the previous fiscal year, but the State of Nevada is not entitled to share in that distribution. For the purpose of calculating the amount of thebasic governmental servicestax to be distributed to the county school district, the taxes levied by each local government, special district and enterprise district are the product of its certified valuation, determined pursuant to subsection 2 of NRS 361.405, and its tax rate, established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1980, except that the tax rate for school districts, including the rate attributable to a district’s debt service, is the rate established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1978, but if , in any fiscal year, the sum of the rate attributable to a district’s debt service in [any] that fiscal year and any rate levied for capital projects pursuant to NRS 387.3285 in that fiscal year is greater than its rate for the fiscal year beginning on July 1, 1978, the higher rate must be used to determine the amount attributable to debt service.
4. An amount equal to any basic governmental services tax distributed to a redevelopment agency in the fiscal year 1987-1988 must continue to be distributed to that agency as long as it exists but must not be increased.
5. The department shall make distributions of thebasic governmental servicestax directly to county school districts.
6. As used in this section:
(a) “Enterprise district” has the meaning ascribed to it in NRS 360.620.
(b) “Local government” has the meaning ascribed to it in NRS 360.640.
(c) “Special district” has the meaning ascribed to it in NRS 360.650.
Sec. 8. 1. The amendatory provisions of section 7 of this act do not apply to modify, directly or indirectly, any taxes levied or revenues pledged in such a manner as to impair adversely any outstanding obligations of a local government, special district or enterprise district, including, without limitation, bonds, medium-term financing, letters of credit and any other financial obligation, until all such obligations have been discharged in full or provision for their payment and redemption has been fully made.
2. As used in this section:
(a) “Enterprise district” has the meaning ascribed to it in NRS 360.620.
(b) “Local government” has the meaning ascribed to it in NRS 360.640.
(c) “Special district” has the meaning ascribed to it in NRS 360.650.”.
Amend the title of the bill, fifth line, after “districts;” by inserting:
“making certain changes to the method of calculating the amount of basic governmental services tax to be distributed to a county school district;”.
Assemblyman Goldwater moved the adoption of the amendment.
Remarks by Assemblyman Goldwater.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 568.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 407.
Amend sec. 11, page 6, line 1, by deleting “foot” and inserting:
“[foot] upper right corner”.
Amend sec. 11, page 6, by deleting lines 9 and 11 and inserting:
“2. In addition to the information described in paragraph (a) of subsection 1, a county recorder may endorse upon a document the book and page where the document is recorded.”.
Amend sec. 24, page 12, by deleting lines 15 and 16 and inserting:
“(4) Is a notice of the pendency of an action [in eminent domain filed] by the state [pursuant to NRS 37.060.]or that city or town.”.
Amend the bill as a whole by deleting sec. 68 and adding:
“Sec. 68. (Deleted by amendment.)”.
Assemblyman Bache moved the adoption of the amendment.
Remarks by Assemblyman Bache.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 586.
Bill read second time and ordered to third reading.
Assembly Bill No. 629.
Bill read second time.
The following amendment was proposed by the Committee on Natural Resources, Agriculture, and Mining:
Amendment No. 321.
Amend section 1, pages 1 and 2, by deleting lines 15 through 17 on page 1 and line 1 on page 2, and inserting:
“liquefied petroleum gas , natural gas or motor oil additives.”.
Amend the bill as a whole by deleting sec. 2 and adding new sections designated sections 2 and 3, following section 1, to read as follows:
“Sec. 2. NRS 590.070 is hereby amended to read as follows:
590.070 1. The state board of agriculture shall adopt regulations relating to the standards for [fuel, including diesel fuel] petroleum products used in internal combustion engines, which are substantially similar to the laws and regulations of the State of California relating to those standards.
2. The state board of agriculture shall review each amendment, repeal or other revision of a law or regulation of the State of California relating to those standards to determine its appropriateness for this state. The board shall adopt any regulation based on a law or regulation of the State of California which the board determines is necessary or appropriate for this state to ensure that the regulations adopted by the board remain substantially similar to the laws and regulations adopted by the State of California concerning those standards.
3. It is unlawful for any person, or any officer, agent or employee thereof, to sell, offer for sale, assist in the sale of, deliver or permit to be sold or offered for sale, any petroleum or petroleum product as, or purporting to be, gasoline or diesel fuel, unless it conforms with the regulations adopted by the state board of agriculture pursuant to this section.
4. This section does not apply to aviation fuel.
5. In addition to any criminal penalty that is imposed pursuant to the provisions of NRS 590.150, any person who violates any provision of this section may be further punished as provided in NRS 590.071.
Sec. 3. NRS 590.071 is hereby amended to read as follows:
590.071 1. The state board of agriculture shall:
(a) Enforce the standards relating to [the quality of fuel established] petroleum products adopted pursuant to NRS 590.070.
(b) Adopt regulations specifying a schedule of fines that it may impose, upon notice and hearing, for each violation of the provisions of NRS 590.070. The maximum fine that may be imposed by the board for each violation must not exceed $5,000 per day. All fines collected by the board pursuant to the regulations adopted pursuant to this subsection must be remitted to the county treasurer of the county in which the violation occurred for credit to the county school district fund.
2. The state board of agriculture may:
(a) In addition to imposing a fine pursuant to subsection 1, issue an order requiring a violator to take appropriate action to correct the violation.
(b) Request the district attorney of the appropriate county to investigate or file a criminal complaint against any person that the board suspects may have violated any provision of NRS 590.070.”.
Amend the title of the bill to read as follows:
“AN ACT relating to petroleum products; clarifying the standards for regulating petroleum products used in internal combustion engines; revising the definition of “petroleum products”; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Clarifies standards for regulating petroleum products used in internal combustion engines. (BDR 51‑543)”.
Assemblyman de Braga moved the adoption of the amendment.
Remarks by Assemblyman de Braga.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 634.
Bill read second time.
The following amendment was proposed by the Committee on Education:
Amendment No. 359.
Amend sec. 2, page 1, by deleting lines 3 through 5 and inserting:
“Sec. 2. 1. The board of regents may create on each campus of the system a campus review board to advise the president or other chief administrative officer of the campus and, upon request, the board of regents on issues concerning allegations made against peace officers of the police department for the system involving misconduct while serving on the campus.”.
Amend sec. 2, page 1, line 6, after “A” by inserting “campus”.
Amend sec. 2, page 1, by deleting line 7 and inserting:
“not less than 15 members.”.
Amend sec. 2, page 1, line 8, by deleting “The” and inserting “A campus”.
Amend sec. 2, page 1, line 9, by deleting “persons.” and inserting:
“persons within the system and in the general public.”.
Amend sec. 2, page 1, line 10, by deleting “the” and inserting “a campus”.
Amend sec. 2, page 1, line 13, by deleting “the” and inserting “a campus”.
Amend sec. 2, page 1, line 17, after “the” by inserting “campus”.
Amend sec. 2, page 1, line 19, after “of” by inserting:
“chapter 284 of NRS, the regulations adopted pursuant thereto and”.
Amend sec. 3, page 2, line 4, after “A” by inserting “campus”.
Amend sec. 4, page 2, line 10, after “A” by inserting “campus”.
Amend sec. 4, page 2, line 11, by deleting:
“of five members”.
Amend sec. 4, page 2, line 14, by deleting “the” and inserting “a campus”.
Amend sec. 4, page 2, by deleting line 16 and inserting:
“for the system who has served on the campus to the office of the police department for the system on the campus.”.
Amend sec. 4, page 2, line 19, by deleting:
“police department for the system,” and inserting:
“office of the police department for the system on the campus,”.
Amend sec. 4, page 2, by deleting lines 26 and 27 and inserting:
“panel of a campus review board any information within a personnel file that is specific to a complaint against a peace officer of the police department for the system who has served on the campus, or any other material that is specific to the complaint.”.
Amend sec. 4, page 2, line 29, by deleting “the panel” and inserting:
“a panel of a campus review board”.
Amend sec. 4, page 2, line 32, after “The” by inserting “campus”.
Amend sec. 4, page 2, line 35, before “review” by inserting “campus”.
Amend sec. 4, page 2, by deleting line 37 and inserting:
“to the office of the police department for the system on the campus, the president or other chief administrative officer of the campus and, upon request, the board of regents.”.
Amend sec. 4, page 2, line 38, by deleting “of the” and inserting:
“of a campus”.
Amend sec. 4, page 2, line 40, by deleting “the” and inserting “a campus”.
Amend sec. 4, page 2, line 41, by deleting “records.” and inserting:
“records unless otherwise declared confidential by state or federal law.”.
Amend sec. 5, page 2, line 42, after “a” by inserting “campus”.
Amend sec. 5, page 2, line 48, by deleting “documents;” and inserting:
“documents specific to a complaint;”.
Amend the title of the bill by deleting the second and third lines and inserting:
“the board of regents of the University of Nevada to create campus review boards to review allegations of misconduct against peace officers of the police”.
Amend the summary of the bill to read as follows:
“SUMMARY—Authorizes creation of campus review boards to review allegations of misconduct against peace officers of police department for University and Community College System of Nevada. (BDR 34‑862)”.
Assemblyman Williams moved the adoption of the amendment.
Remarks by Assemblymen Williams and Price.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 620.
Bill read second time.
The following amendment was proposed by Assemblyman Dini:
Amendment No. 572.
Amend sec. 3, page 2, by deleting lines 42 and 43.
Amend sec. 3, page 2, line 44, by deleting “5.” and inserting “4.”.
Assemblyman Dini moved the adoption of the amendment.
Remarks by Assemblyman Dini.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
general file and third reading
Assembly Bill No. 59.
Bill read third time.
Remarks by Assemblyman Collins.
Roll call on Assembly Bill No. 59:
Yeas—37.
Nays—None.
Excused—Arberry, Carpenter, Freeman, Nolan, Tiffany—5.
Assembly Bill No. 59 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 656.
Bill read third time.
Remarks by Assemblyman Goldwater.
Roll call on Assembly Bill No. 656:
Yeas—37.
Nays—None.
Excused—Arberry, Carpenter, Freeman, Nolan, Tiffany—5.
Assembly Bill No. 656 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 435.
Bill read third time.
Remarks by Assemblyman Ohrenschall.
Roll call on Assembly Bill No. 435:
Yeas—31.
Nays—Beers, Brower, Brown, Cegavske, Hettrick, Marvel—6.
Excused—Arberry, Carpenter, Freeman, Nolan, Tiffany—5.
Assembly Bill No. 435 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 77.
Bill read third time.
Remarks by Assemblymen Anderson, Goldwater and Beers.
Mr. Speaker requested the privilege of the chair for the purpose of making remarks.
Roll call on Assembly Bill No. 77:
Yeas—37.
Nays—None.
Excused—Arberry, Carpenter, Freeman, Nolan, Tiffany—5.
Assembly Bill No. 77 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 246.
Bill read third time.
The following amendment was proposed by Assemblyman Neighbors:
Amendment No. 565.
Amend the bill as a whole by renumbering sec. 2 as sec. 3 and adding a new section, designated sec. 2, following section 1, to read as follows:
“Sec. 2. NRS 482.399 is hereby amended to read as follows:
482.399 1. Upon the transfer of the ownership of or interest in any vehicle by any holder of a valid registration, or upon destruction of the vehicle, the registration expires.
2. The holder of the original registration may transfer the registration to another vehicle to be registered by him and use the same license plate or plates thereon, if the license plate or plates are appropriate for the second vehicle, upon filing an application for transfer of registration and upon paying the transfer registration fee and the excess, if any, of the registration fee and governmental services tax on the vehicle to which the registration is transferred over the total registration fee and governmental services tax paid on all vehicles from which he is transferring his ownership or interest. Application for transfer of registration must be made in person, if practicable, to any office or agent of the department or to a registered dealer, and the license plate or plates may not be used upon a second vehicle until registration of that vehicle is complete. In computing the governmental services tax, the department, its agent or the registered dealer shall credit the portion of the tax paid on the first vehicle attributable to the remainder of the current registration period or calendar year on a pro rata monthly basis against the tax due on the second vehicle or on any other vehicle of which the person is the registered owner. If any person transfers his ownership or interest in two or more vehicles, the department or the registered dealer shall credit the portion of the tax paid on all of the vehicles attributable to the remainder of the current registration period or calendar year on a pro rata monthly basis against the tax due on the vehicle to which the registration is transferred or on any other vehicle of which the person is the registered owner. The certificates of registration and unused license plates of the vehicles from which a person transfers his ownership or interest must be submitted before credit is given against the tax due on the vehicle to which the registration is transferred or on any other vehicle of which the person is the registered owner.
3. In computing the registration fee, the department or its agent or the registered dealer shall credit the portion of the registration fee paid on each vehicle attributable to the remainder of the current calendar year or registration period on a pro rata basis against the registration fee due on the vehicle to which registration is transferred. If the amount owed on the registration fee or governmental services tax on that vehicle is less than the credit on the total registration fee or governmental services tax paid on all vehicles from which a person transfers his ownership or interest, [the department shall issue to the person a refund in an amount equal to the difference between the amount owed on the registration fee or governmental services tax on that vehicle and the credit on the total registration fee or governmental services tax paid on all vehicles from which a person transfers his ownership or interest.] no refund may be allowed.
4. If the license plate or plates are not appropriate for the second vehicle, the plate or plates must be surrendered to the department or registered dealer and an appropriate plate or plates must be issued by the department. The department shall not reissue the surrendered plate or plates until the next succeeding licensing period.
5. If application for transfer of registration is not made within 60 days after the destruction or transfer of ownership of or interest in any vehicle, the license plate or plates must be surrendered to the department on or before the 60th day for cancellation of the registration.
[6. If a person cancels his registration and surrenders to the department his license plates for a vehicle, the department shall issue to the person a refund of the portion of the registration fee and governmental services tax paid on the vehicle attributable to the remainder of the current calendar year or registration period on a pro rata basis.]”.
Amend the bill as a whole by adding a new section, designated sec. 4, following sec. 2, to read as follows:
“Sec. 4. 1. This section and section 2 of this act become effective upon passage and approval.
2. Sections 1 and 3 of this act become effective on October 1, 2001.”.
Amend the title of the bill, second line, after “state;” by inserting: “removing the provision which directs the issuance of certain pro rata refunds for registrations canceled under certain circumstances;”.
Amend the summary of the bill to read as follows:
“SUMMARY—Revises provisions regarding registration of motor vehicles. (BDR 43‑213)”.
Assemblyman Neighbors moved the adoption of the amendment.
Remarks by Assemblyman Neighbors.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assembly Bill No. 351.
Bill read third time.
The following amendment was proposed by Assemblyman Williams:
Amendment No. 252.
Amend section 1, page 1, line 2, by deleting:
“2 and 3” and inserting:
“2, 3 and 4”.
Amend sec. 3, page 3, by deleting lines 1 through 4 and inserting:
“Sec. 3. 1. The superintendent of public instruction shall not apportion money from the state distributive school account, in an amount prescribed in subsection 4, to a school district that has entered into a contract or other agreement to delegate to another its responsibility to operate, manage or oversee a school of the school district unless the board of trustees of the school district has:”.
Amend sec. 3, page 3, line 33, by deleting “and”.
Amend sec. 3, page 3, line 34, after “(e)” by inserting: “A description of the means by which the board of trustees will ensure:
(1) That the uniform system of common schools that is required by section 2 of article 11 of the constitution of the State of Nevada will not be disrupted by the proposed delegation;
(2) That the proposed operation, oversight or management of each school pursuant to the proposed contract or agreement will comply with all applicable judicial precedents, constitutional requirements and statutory requirements, including, without limitation, requirements relating to racial and ethnic composition of the public schools within the school district;
(3) That no disparate effect on the financial equity of the public schools within the school district is caused by the operation, oversight or management of each school pursuant to the proposed contract or agreement;
(4) Whether the provision of special education and services to pupils with disabilities who are enrolled in a school that is covered by the proposed contract or agreement comply with the Individuals with Disabilities Education Act (20 U.S.C. §§ 1400 et seq.) and NRS 388.440 to 388.520, inclusive; and
(5) That an appropriate and comprehensive program of education will be provided to Nevada’s pupils who attend a school that is covered by the proposed contract or agreement, including, without limitation, whether the classroom setting in each such school is appropriate, whether the teachers in those schools are qualified and whether the curriculum is nonsectarian and otherwise comports with the statutory and regulatory requirements.
(f)”.
Amend sec. 3, pages 3 and 4, by deleting lines 42 through 48 on page 3 and lines 1 through 6 on page 4, and inserting:
“3. The review by the legislature of a written request submitted pursuant to subsection 2 must include, without limitation, an analysis and determination of whether it is reasonable for the State of Nevada to conclude:
(a) That the uniform system of common schools that is required by section 2 of article 11 of the constitution of the State of Nevada will not be disrupted by the proposed delegation;
(b) That the proposed operation, oversight or management of each school pursuant to the proposed contract or agreement will comply with all applicable judicial precedents, constitutional requirements and statutory requirements, including, without limitation, requirements relating to racial and ethnic composition of the public schools within the school district;
(c) That no disparate effect on the financial equity of the public schools within the school district will be caused by the operation, oversight or management of each school pursuant to the proposed contract or agreement;
(d) That the special education and services provided to pupils with disabilities who are enrolled in a school that is covered by the proposed contract or agreement will comply with the Individuals with Disabilities Education Act (20 U.S.C. §§ 1400 et seq.) and NRS 388.440 to 388.520, inclusive; and
(e) That an appropriate and comprehensive program of education will be provided to Nevada’s pupils who attend a school that is covered by the proposed contract or agreement, including, without limitation, whether the classroom setting in each such school will be appropriate, whether the teachers in those schools will be sufficiently qualified, and whether the curriculum will remain nonsectarian and otherwise comport with the applicable statutory and regulatory requirements.
4. If a school district enters into such a contract or other agreement without obtaining the approval from the legislature in accordance with this section, the superintendent of public instruction shall take such action as is necessary to reduce the amount of money received by the school district pursuant to NRS 387.124 by an amount equal to the product when the following numbers are multiplied together:
(a) For each school that is the subject of the contract or agreement, the number of days on which another person or entity operates, manages or oversees the school pursuant to that contract or agreement without approval from the legislature;
(b) For each school that is the subject of the contract or agreement, the number of pupils enrolled in the school; and
(c) For each school that is the subject of the contract or agreement, the number of dollars of basic support apportioned to the school district per pupil per day pursuant to NRS 387.1233.”.
Amend the bill as a whole by renumbering sections 4 and 5 as sections 6 and 7 and adding new sections designated sections 4 and 5, following sec. 3, to read as follows:
“Sec. 4. If the board of trustees of a school enters into a contract or other agreement for the operation, management or oversight of a school, the board of trustees of the school district:
1. Remains responsible for complying with all applicable statutes and regulations relating to that school, including, without limitation, NRS 385.3455 to 385.391, inclusive; and
2. If the superintendent of public instruction appoints a licensed administrator to oversee that school pursuant to NRS 385.386, shall ensure that the person or entity with whom the board has entered into the contract complies with all recommendations and actions required by the administrator who was appointed by the superintendent of public instruction.
Sec. 5. NRS 387.124 is hereby amended to read as follows:
387.124 Except as otherwise provided in this section, NRS 387.528 [:] and section 3 of this act:
1. On or before August 1, November 1, February 1 and May 1 of each year, the superintendent of public instruction shall [, except as otherwise provided in subsections 2 and 3,] apportion the state distributive school account in the state general fund among the several county school districts and charter schools in amounts approximating one-fourth of their respective yearly apportionments less any amount set aside as a reserve. The apportionment to a school district, computed on a yearly basis, equals the difference between the basic support and the local funds available pursuant to NRS 387.1235, minus all the funds attributable to pupils who reside in the county but attend a charter school. No apportionment may be made to a school district if the amount of the local funds exceeds the amount of basic support. The apportionment to a charter school, computed on a yearly basis, is equal to the sum of the basic support per pupil in the county in which the pupil resides plus the amount of local funds available per pupil pursuant to NRS 387.1235 and all other funds available for public schools in the county in which the pupil resides. If the apportionment per pupil to a charter school is more than the amount to be apportioned to the school district in which a pupil who is enrolled in the charter school resides, the school district in which the pupil resides shall pay the difference directly to the charter school. 2. The governing body of a charter school may submit a written request to the superintendent of public instruction to receive, in the first year of operation of the charter school, an apportionment 30 days before the apportionment is required to be made pursuant to subsection 1. Upon receipt of such a request, the superintendent of public instruction may make the apportionment 30 days before the apportionment is required to be made. A charter school may receive all four apportionments in advance in its first year of operation.
3. If the state controller finds that such an action is needed to maintain the balance in the state general fund at a level sufficient to pay the other appropriations from it, he may pay out the apportionments monthly, each approximately one-twelfth of the yearly apportionment less any amount set aside as a reserve. If such action is needed, the state controller shall submit a report to the department of administration and the fiscal analysis division of the legislative counsel bureau documenting reasons for the action.”.
Amend sec. 5, page 4, by deleting lines 12 through 14 and inserting:
“contract or other agreement before the effective date of this act to delegate to another its responsibility for the operation, management or oversight of a school:”.
Amend sec. 5, page 4, line 34, by deleting:
“2 and 3” and inserting:
“2, 3 and 4”.
Amend sec. 5, page 4, line 37, by deleting:
“2 and 3” and inserting:
“2, 3 and 4”.
Amend the bill as a whole by renumbering sec. 6 as sec. 9 and adding a new section designated sec. 8, following sec. 5, to read as follows:
“Sec. 8. If the board of trustees of a school district enters into a contract or other agreement before the effective date of this act to delegate to another its responsibility for the operation, management or oversight of a school and the board of trustees has not received the approval to enter into the contract or agreement from the legislature by concurrent resolution, the superintendent of public instruction shall take such action as is necessary to reduce the amount of money received by the school district pursuant to NRS 387.124 by an amount equal to the product when the following numbers are multiplied together:
1. For each school that is the subject of the contract or agreement, the number of days on which another person or entity operates, manages or oversees the school pursuant to that contract or agreement without approval from the legislature by concurrent resolution;
2. For each school that is the subject of the contract or agreement, the number of pupils enrolled in the school; and
3. For each school that is the subject of the contract or agreement, the number of dollars of basic support apportioned to the school district per pupil per day pursuant to NRS 387.1233.”.
Amend the title of the bill by deleting the fourth and fifth lines and inserting:
“the management of public schools; requiring the superintendent of public instruction to withhold a certain portion of a school district’s apportionment from the state distributive school account under certain circumstances;”.
Amend the summary of the bill to read as follows:
“SUMMARY—Makes various changes regarding delegation by school district of its responsibility for management of public schools. (BDR 34‑1292)”.
Assemblyman Williams moved the adoption of the amendment.
Remarks by Assemblymen Williams, Chowning and Von Tobel.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
REPORTS OF COMMITTEES
Mr. Speaker:
Your Concurrent Committee on Transportation, to which was referred Assembly Bill No. 424, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Vonne S. Chowning, Chairman
MOTIONS, RESOLUTIONS AND NOTICES
Assemblywoman Chowning moved that the action whereby Assembly Bill No. 482 was referred to the Concurrent Committee on Elections, Procedures, and Ethics be rescinded.
Motion carried.
UNFINISHED BUSINESS
Signing of Bills and Resolutions
There being no objections, the Speaker and Chief Clerk signed Assembly Bills Nos. 12, 14, 150, 151, 252; Assembly Concurrent Resolutions Nos. 23, 24; Senate Concurrent Resolutions Nos. 33, 34, 35.
GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR
On request of Assemblywoman Angle, the privilege of the floor of the Assembly Chamber for this day was extended to John O'Neill.
On request of Assemblyman Beers, the privilege of the floor of the Assembly Chamber for this day was extended to Kyle Stephens.
On request of Assemblyman Brower, the privilege of the floor of the Assembly Chamber for this day was extended to Michael Williams and Gary Williams.
On request of Assemblyman Dini, the privilege of the floor of the Assembly Chamber for this day was extended to Ken Gardner and Yvonne Gardner.
On request of Assemblywoman Gibbons, the privilege of the floor of the Assembly Chamber for this day was extended to Dorothy Biegler and Barbara Kline.
On request of Assemblyman Lee, the privilege of the floor of the Assembly Chamber for this day was extended to George Warner.
On request of Assemblywoman Ohrenschall, the privilege of the floor of the Assembly Chamber for this day was extended to Maria Garcia and James Ohrenschall.
On request of Assemblywoman Parnell, the privilege of the floor of the Assembly Chamber for this day was extended to Suzanne Brothers, Vicki Ehni, Margaret Page, Mitch Bonaldi, Katrina Bostic, Kelli Brothers, Justin Curtis, Robin Davis-Lange, Robert Ehni, Drew Good, Sami Hilke, Portia Horn, William Huber, Tedi Izzi, Jackie Johnson, Nicole Johnson, Shauna Judycki, Justin Kaylor, Ashley Lord, Erick Mayorga, Caroline Montes, Mark Riesen, Roy Rodriguez, Maryann Soriano, Stevi Tatham, Levi Taylor, Cody Tyzbir, Cesar Vega, Delaura Welch, Kyle Whetzel, Sarah White, Derek Winter, Andre Zatarain and Roy Vierra.
On request of Assemblyman Perkins, the privilege of the floor of the Assembly Chamber for this day was extended to Tommy Ferraro.
Assemblywoman Buckley moved that the Assembly adjourn until Monday, April 23, 2001 at 10:30 a.m.
Motion carried.
Assembly adjourned at 12:54 p.m.
Approved: Richard D. Perkins
Attest: Jacqueline Sneddon