THE SEVENTY-EIGHTH DAY
Carson City (Monday) April 23, 2001
Assembly called to order at 10:48 a.m.
Mr. Speaker presiding.
Roll called.
All present except Assemblymen Arberry, Beers, Oceguera and Ohrenschall, who were excused.
Prayer by the Chaplain, Elder Greg Torres.
Our Father in Heaven, we are thankful that we can be here together and serve the members of this state. We pray that You will bless the members of the Assembly and make decisions with thy spirit and thy conscience. Please bless the members that are struggling. Bless our friend Nancy Dickson that she will have a speedy recovery. Please help us throughout this session that thy will can be done and we can feel thy spirit as all the decisions are made. This we ask and we give thee thanks in the name of thy Son. Amen
Amen.
Pledge of allegiance to the Flag.
Assemblywoman Buckley 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 was referred Assembly Bill No. 627, 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 Government Affairs, to which were referred Assembly Bills Nos. 182, 314, 386, 407, 560, 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 were referred Assembly Bills Nos. 37, 294, 484, 617, 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 were referred Assembly Bills Nos. 259, 328, 353, 576, 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. 330, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and re-refer to the Committee on Ways and Means.
Bernie Anderson, Chairman
MESSAGES FROM THE Senate
Senate Chamber, Carson City, April 20, 2001
To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day passed Assembly Bill No. 587.
Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bills Nos. 362, 378, 468.
Mary Jo Mongelli
Assistant Secretary of the Senate
MOTIONS, RESOLUTIONS AND NOTICES
Assemblywoman Buckley moved that Assembly Bills Nos. 37, 182, 259, 294, 314, 328, 330, 353, 386, 407, 484, 560, 576, 617 and 627 be placed on the Second Reading File.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
Senate Bill No. 362.
Assemblywoman Buckley moved that the bill be referred to the Select Committee on Energy.
Motion carried.
Senate Bill No. 378.
Assemblywoman Buckley moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Senate Bill No. 468.
Assemblywoman Buckley moved that the bill be referred to the Committee on Taxation.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 424.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 438.
Amend section 1, page 1, by deleting lines 4 and 5 and inserting: “along the east side of U.S. Interstate No. 515 where there are no existing soundwalls between Boulder Highway and Desert Inn”.
Amend sec. 2, page 1, line 8, by deleting “$6,000,000” and inserting “$400,000”.
Amend the bill as a whole by renumbering sec. 3 as sec. 4 and adding a new section designated sec. 3, following sec. 2, to read as follows:
“Sec. 3. 1. The Department of Transportation and Clark County shall conduct a study of the abatement of traffic noise in Clark County. The study must include an assessment of the need for the abatement of traffic noise on both sides of U.S. Interstate No. 515 from Charleston Boulevard to Russell Road.
2. The Department of Transportation and the City of Las Vegas shall conduct an assessment of the need for the abatement of traffic noise along those sections of U.S. Interstate No. 515 and U.S. Interstate No. 95 that lie within the boundaries of the City of Las Vegas.
3. The results of the assessments conducted pursuant to this section must be reported to the Director of the Legislative Counsel Bureau on or before February 1, 2003, for transmittal to the 72nd session of the Legislature. Each report must include a plan for the abatement of traffic noise, including the construction of sound barriers where required.”.
Amend the title of the bill, third line, after “County;” by inserting:
“directing the Department of Transportation, Clark County and the City of Las Vegas to conduct certain assessments concerning the need for the abatement of traffic noise;”.
Assemblywoman McClain moved the adoption of the amendment.
Remarks by Assemblywoman McClain.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 482.
Bill read second time and ordered to third reading.
Senate Bill No. 31.
Bill read second time and ordered to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Anderson moved that Assembly Bill No. 37 be taken from its position on the Second Reading File and placed at the bottom of the Second Reading File.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 182.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 400.
Amend section 1, page 2, line 3, by deleting “include” and inserting “address”.
Amend sec. 3, page 4, line 26, by deleting “include” and inserting “address”.
Amend sec. 4, page 5, line 5, by deleting “278.160” and inserting:
“278.160, or any portion of such a land use plan,”.
Amend sec. 7, page 6, by deleting line 15 and inserting:
“thereto must not become effective until after transmittal of a copy of the relevant application to the town board, citizens’ advisory council or town advisory board”.
Amend sec. 7, pages 7 and 8, by deleting lines 32 through 49 on page 7 and lines 1 through 5 on page 8, and inserting:
“5. If an application is filed with the governing body and the application involves a change in the boundary of a zoning district within an unincorporated town that is located more than 10 miles from an incorporated city, the governing body shall transmit a copy of the application within 3 days after its filing to the town board, citizens’ advisory council or town advisory board, whichever is applicable, of the unincorporated town. The town board, citizens’ advisory council or town advisory board may make recommendations regarding the application and submit its recommendations at least 15 days before the hearing on the application is held pursuant to subsection 2. The governing body or other authorized person or entity conducting the hearing shall consider any recommendations submitted by the town board, citizens’ advisory council or town advisory board regarding the application and, within 10 days after making its decision on the application, transmit a copy of its decision to the town board, citizens’ advisory council or town advisory board.”.
Amend sec. 8, page 10, by deleting lines 10 through 32 and inserting:
“4. If an application is filed with the governing body for the issuance of a special use permit with regard to property situated within an unincorporated town that is located more than 10 miles from an incorporated city, the governing body shall transmit a copy of the application within 3 days after its filing to the town board, citizens’ advisory council or town advisory board, whichever is applicable, of the unincorporated town. The town board, citizens’ advisory council or town advisory board may make recommendations regarding the application and submit its recommendations at least 21 days before the hearing on the application is held pursuant to subsection 2. The governing body or other authorized person or entity conducting the hearing shall consider any recommendations submitted by the town board, citizens’ advisory council or town advisory board regarding the application and, within 10 days after making its decision on the application, transmit a copy of its decision to the town board, citizens’ advisory council or town advisory board.”.
Amend sec. 9, page 11, by deleting lines 24 and 25 and inserting:
“Each member of a town advisory board shall, at least once during the first year of his initial term of office and at least once during every subsequent”.
Amend sec. 9, page 11, line 28, by deleting “planning;” and inserting:
“planning, development and any other subject matter that the board of county commissioners deems necessary;”.
Amend sec. 11, page 11, by deleting lines 45 through 48 and inserting:
“(1) The results of any poll conducted by the town advisory board;”.
Amend sec. 11, page 12, line 1, by deleting “(3)” and inserting “(2)”.
Amend sec. 11, page 12, by deleting lines 4 and 5 and inserting:
“(b) [Terms] A term of 4 years for members of the town advisory board, which must be staggered and must expire on the first Monday in January of [each] an odd-numbered year. No person who has served for a term as a member of a town advisory board is eligible for reappointment until 2 years after the expiration of his term.”.
Amend sec. 11, page 12, line 10, after “2.” by inserting:
“The board of county commissioners shall provide notice of any vacancy on a town advisory board to the residents of the unincorporated town by mail, newsletter or newspaper at least 90 days before filling the vacancy.
3.”.
Amend sec. 11, page 12, line 16, by deleting “3.” and inserting “[3.] 4.”.
Amend the title of the bill to read as follows:
“AN ACT relating to land use planning; expanding the subjects that must be addressed in a master plan in certain counties; limiting the number of annual amendments to the land use plan of the master plan or portions thereof in certain circumstances; revising provisions governing applications for changes in the boundaries of zoning districts and special use permits with regard to property located within certain unincorporated towns; requiring members of a town advisory board to receive certain training; authorizing the election of and providing limitations on the terms of members of town advisory boards in certain counties; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
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. 259.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 504.
Amend the bill as a whole by deleting sec. 2.
Amend the title of the bill to read as follows:
“AN ACT relating to criminal procedure; revising certain provisions that limit the time of day that an arrest for a misdemeanor may be made to exclude arrests for certain misdemeanor offenses related to domestic violence; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Revises certain provisions governing warrantless arrests. (BDR 14‑212)”.
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. 294.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 375.
Amend sec. 3, page 3, line 12, after “in” by inserting:
“subsection 3 and”.
Amend sec. 3, page 3, by deleting lines 20 through 23 and inserting:
“agency, or any other agency or public official, if:
(a) Three years or more have elapsed [after termination of the jurisdiction of the juvenile] since the child was declared a ward of the court; or
(b) Three years or more have elapsed since the child was last referred”.
Amend sec. 3, page 3, by deleting lines 28 through 34 and inserting:
“when the child reaches 21 years of age.
3. If a child is adjudicated delinquent for an act that, if committed by an adult, would be punishable as sexual assault pursuant to NRS 200.366, battery with intent to commit sexual assault pursuant to NRS 200.400 or lewdness with a child pursuant to NRS 201.230, or for an act involving the use or threatened use of force or violence that, if committed by an adult, would be punishable as a felony, any records pertaining to that act must not be sealed.”.
Amend sec. 3, page 3, by deleting lines 37 and 38 and inserting “petitioner. The”.
Amend sec. 3, page 3, lines 41 and 42, by deleting:
“since such termination of jurisdiction,” and inserting:
“[since such termination of jurisdiction,] during the applicable 3-year period,”.
Amend the title of the bill to read as follows:
“AN ACT relating to juveniles; providing that juveniles who are adjudicated delinquent for committing certain acts that would be crimes if committed by an adult may not have their records sealed; making various other changes related to sealing of juvenile records; 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.
Assembly Bill No. 314.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 163.
Amend section 1, page 1, line 2, by deleting “2” and inserting “2, 2.5”.
Amend the bill as a whole by adding a new section designated sec. 2.5, following sec. 2, to read as follows:
“Sec. 2.5. If, in a previous transaction between an agency and a person, a check or draft was returned to the agency because the person had insufficient money or credit with the drawee to pay the check or draft or because the person had stopped payment on the check or draft, the agency may refuse to conduct an additional transaction with the person until the dept owed in the previous transaction is paid.”.
Amend sec. 4, page 1, line 19, by deleting “may” and inserting “shall”.
Amend sec. 6, page 2, line 37, by deleting “5” and inserting “[5]6”.
Amend sec. 9, page 4, line 30, by deleting “5” and inserting “[5] 6”.
Amend sec. 12, page 6, line 12, by deleting “5” and inserting “6”.
Amend sec. 13, page 7, by deleting lines 24 through 27 and inserting:
“of Nevada through the suspension of, cancellation of or refusal to renew vehicle registrations and certain licenses and permits issued by the state and the refusal to provide related services.”.
Amend sec. 14, pages 7 and 8, by deleting lines 33 through 49 on page 7 and line 1 on page 8, and inserting:
“department has issued a license or permit or for whom the department has registered a vehicle is in default on a debt owed to an agency or the State of Nevada, shall send a written notice to that person advising him that his license or permit and vehicle registration are subject to suspension, cancellation or refusal to renew.
2. The notice must include:
(a) The reason for the suspension of, cancellation of or refusal to renew the license or permit and vehicle registration;
(b) The text of this section; and
(c) Any other information that the department deems necessary.
3. Upon receipt of notice from the state controller pursuant to subsection 1 that a person to whom the department has issued a license or permit or for whom the department has registered a vehicle is in default on a debt owed to an agency or the State of Nevada, the department may, after sending the written notice required pursuant to that subsection, suspend, cancel or refuse to renew the license or permit of the person and the registration of a vehicle owned by the person.
4. The department shall reinstate such a license or permit and vehicle”.
Amend sec. 14, page 8, line 10, after “suspended” by inserting “or canceled”.
Amend sec. 14, page 8, by deleting lines 13 through 16 and inserting:
“5. The department shall not require a person whose driver’s license or permit is suspended or canceled pursuant to this section to submit to the tests and other requirements which are adopted by regulation pursuant to subsection 1 of NRS 483.495 as a condition of the reinstatement of the license or permit.”.
Amend sec. 15, page 8, by deleting lines 22 through 46 and inserting:
“person who holds a license or permit to hunt, fish or trap, or any other license or permit issued by the division, is in default on a debt owed to an agency or the State of Nevada, shall send a written notice to that person advising him that:
(a) His license or permit is subject to suspension, cancellation or refusal to renew; and
(b) He is subject to a fee of $25 for each check or draft returned to the division because the person had insufficient money or credit with the drawee to pay the check or draft or because the person stopped payment on the check or draft.
2. The notice must include:
(a) The reason for the suspension of, cancellation of or refusal to renew the license or permit;
(b) The text of this section; and
(c) Any other information that the division deems necessary.
3. Upon receipt of notice from the state controller pursuant to subsection 1 that a person to whom the division has issued a license or permit is in default on a debt owed to an agency or the State of Nevada, the division may, after sending the written notice required pursuant to that subsection, suspend, cancel or refuse to renew the license or permit of the person.
4. The division shall reinstate such a license or permit if:
(a) The license or permit is still valid and has not expired; and
(b) The division receives a notice from the state controller that the person has:
(1) Paid the debt, including all penalties, interest, costs and fees, if any;
(2) Entered into an agreement for the payment of the debt on an installment basis pursuant to NRS 353C.130; or
(3) Obtained a discharge in bankruptcy of the debt.
5. The division shall not issue a new license or permit to hunt, fish or trap, or any other license or permit issued by the division, to a person whose license or permit is suspended, cancelled or refused renewal pursuant to this section unless the division receives a”.
Amend sec. 16, page 9, line 6, by deleting:
“on July 1, 2001.” and inserting:
“upon passage and approval.”.
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. 328.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 349.
Amend the bill as a whole by renumbering sections 3 through 14 as sections 4 through 15 and adding a new section designated sec. 3, following sec. 2, to read as follows:
“Sec. 3. NRS 176A.860 is hereby amended to read as follows:
176A.860 A convicted person who is granted an honorable discharge from probation, who has not previously been restored to his civil rights, [and who is not convicted of any offense greater than a traffic violation within 6 months after the discharge,] may apply to the division to request a restoration of his civil rights. [The application must be accompanied by a current, certified record of the applicant’s criminal history received from the central repository for Nevada records of criminal history.] If the division determines after an investigation that the applicant [meets the requirements of this section,] has been granted an honorable discharge from probation, it shall petition the court in which the applicant was convicted for an order granting the restoration. If the division refuses to submit such a petition, the applicant may, after notice to the division, directly petition the court for restoration of his civil rights.”.
Amend sec. 4, page 2, by deleting lines 38 through 42 and inserting:
“(a) [Any] A category A or B felony may, after 15 years from the date of his conviction or, if he is imprisoned, or on parole or probation, from the date of his release from actual custody [;] , or discharge from parole or probation, whichever occurs later;
(b) A category C or D felony may, after 12 years from the date of his conviction or, if he is imprisoned, or on parole or probation, from the date of his release from actual custody, or discharge from parole or probation, whichever occurs later;
(c) A category E felony may, after 10 years from the date of his conviction or, if he is imprisoned, or on parole or probation, from the date of his release from actual custody, or discharge from parole or probation, whichever occurs later;
(d) Any gross misdemeanor may, after [10] 7 years from the date of his”.
Amend sec. 4, page 2, line 44, by deleting “[;]” and inserting “[;
(c)]”.
Amend sec. 4, page 2, line 46, by deleting “(c)” and inserting “(e)”.
Amend sec. 4, page 2, line 48, by deleting “[7] 2” and inserting “7”.
Amend sec. 4, page 3, line 1, by deleting “[;]” and inserting:
“[; or
(d)]”.
Amend sec. 4, page 3, line 2, by deleting “or” and inserting “or”.
Amend sec. 4, page 3, by deleting line 3 and inserting:
“(f) Any other misdemeanor may, after [5] 3 years from the date of”.
Amend sec. 6, page 5, by deleting lines 6 through 12 and inserting:
“2. The court shall order the civil rights of the person to whom the order pertains to be restored if the person has not been restored to his civil rights.”.
Amend sec. 10, page 7, by deleting lines 4 and 5 and inserting:
“immediate restoration of his civil rights , [and has not been convicted of any offense greater than a traffic violation within 5 years after such pardon,]”.
Amend sec. 10, page 7, by deleting lines 9 and 10 and inserting:
“board determines that the applicant [meets the requirements of this subsection,] has received a pardon, it shall restore him to his civil rights and release him from all”.
Amend sec. 11, page 7, line 22, by deleting “rights,” and inserting:
“rights [,] and”.
Amend sec. 11, page 7, by deleting lines 23 through 25 and inserting:
“honorable discharge from parole pursuant to NRS 213.154 , [and has not been convicted of any offense greater than a traffic violation within 5 years after completion of parole,] he may apply to the state board of parole”.
Amend sec. 11, page 7, by deleting lines 28 through 32 and inserting:
“convicted. [The application must be accompanied by a current, certified record of the applicant’s criminal history received from the central repository for Nevada records of criminal history.] If, after investigation, the board determines that the applicant [meets the requirements of this subsection,] has received an honorable discharge from parole, it shall restore him to his civil rights and release him from all”.
Amend sec. 12, page 7, by deleting lines 42 through 44 and inserting:
“of Nevada has served his sentence and been released from prison, [and has not been convicted of any offense greater than a traffic violation within 5 years of his release,] he may apply to the division requesting restoration of”.
Amend sec. 12, pages 7 and 8, by deleting lines 46 through 49 on page 7 and line 1 on page 8, and inserting:
“from the offense or crime of which he was convicted. [The application must be accompanied by a current, certified record of the applicant’s criminal history received from the central repository for Nevada records of criminal history.] If, after investigation, the division determines that the applicant [meets the requirements of this section,] has served his sentence and been released from prison, it shall petition the district court in”.
Amend sec. 13, page 8, line 10, after “NRS” by inserting “176A.860,”.
Amend the title of the bill, third line, after “seal” by inserting “certain”.
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. 330.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 508.
Amend the bill as a whole by deleting sections 1 through 7 and renumbering sec. 8 as section 1.
Amend the bill as a whole by deleting sections 9 through 11 and renumbering sections 12 through 14 as sections 2 through 4.
Amend the title of the bill to read as follows:
“AN ACT relating to prisons; making various changes concerning criminal acts committed in a prison; providing a penalty; making an appropriation; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Makes various changes concerning prisons. (BDR 16‑662)”.
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Assemblyman Anderson moved that upon return from the printer Assembly Bill No. 330 be re-referred to the Committee on Ways and Means.
Motion carried.
Bill ordered reprinted, engrossed and to the Committee on Ways and Means.
Assembly Bill No. 353.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 300.
Amend section 1, page 1, by deleting line 8 and inserting:
“3. Not less than 45 days before the date set for a hearing conducted pursuant to subsection 2, the court shall hold an ex parte hearing in camera with the defendant and his counsel present to:
(a) Review the evidence of the defendant concerning whether the defendant is mentally retarded, including, without limitation, psychological, psychiatric and other reports, records of the defendant from school and statements by witnesses; and
(b) Determine what evidence concerning whether the defendant is mentally retarded is material and should be provided to the prosecution.
4. The court shall order:
(a) The defendant to provide the evidence that the court determines is material pursuant to subsection 3 to the prosecution not less than 30 days before the date set for a hearing conducted pursuant to subsection 2; and
(b) The defendant to be examined, not less than 15 days before the date set for a hearing conducted pursuant to subsection 2, by an expert selected by the prosecution on the issue of whether the defendant is mentally retarded.
5. For the purpose of the hearing conducted pursuant to subsection 2, there is no privilege for any information or evidence provided to the prosecution or obtained by the prosecution pursuant to subsection 4.
6. At a hearing conducted pursuant to subsection 2:”.
Amend section 1, page 1, line 16, by deleting “4.” and inserting “7.”.
Amend section 1, page 1, line 17, by deleting “this section” and inserting “subsection 2”.
Amend section 1, page 2, line 1, by deleting “5.” and inserting “8.”.
Amend the bill as a whole by renumbering sections 3 through 5 as sections 4 through 6 and adding a new section designated sec. 3, following sec. 2, to read as follows:
“Sec. 3. NRS 177.015 is hereby amended to read as follows:
177.015 The party aggrieved in a criminal action may appeal only as follows:
1. Whether that party is the state or the defendant:
(a) To the district court of the county from a final judgment of the justice’s court.
(b) To the supreme court from an order of the district court granting a motion to dismiss, a motion for acquittal or a motion in arrest of judgment, or granting or refusing a new trial.
(c) To the supreme court from a conclusion of the district court made as a result of a hearing held pursuant to subsection 2 of section 1 of this act. If the supreme court entertains the appeal, it shall enter an order staying the criminal proceedings against the defendant for such time as may be required.
2. The state may, upon good cause shown, appeal to the supreme court from a pretrial order of the district court granting or denying a motion to suppress evidence made pursuant to NRS 174.125. Notice of the appeal must be filed with the clerk of the district court within 2 judicial days and with the clerk of the supreme court within 5 judicial days after the ruling by the district court. The clerk of the district court shall notify counsel for the defendant or, in the case of a defendant without counsel, the defendant within 2 judicial days after the filing of the notice of appeal. The supreme court may establish such procedures as it determines proper in requiring the appellant to make a preliminary showing of the propriety of the appeal and whether there may be a miscarriage of justice if the appeal is not entertained. If the supreme court entertains the appeal, or if it otherwise appears necessary, it may enter an order staying the trial for such time as may be required.
3. The defendant only may appeal from a final judgment or verdict in a criminal case.
4. Except as otherwise provided in subsection 3 of NRS 174.035, the defendant in a criminal case shall not appeal a final judgment or verdict resulting from a plea of guilty, guilty but mentally ill or nolo contendere that the defendant entered into voluntarily and with a full understanding of the nature of the charge and the consequences of the plea, unless the appeal is based upon reasonable constitutional, jurisdictional or other grounds that challenge the legality of the proceedings. The supreme court may establish procedures to require the defendant to make a preliminary showing of the propriety of the appeal.”.
Amend sec. 3, page 3, line 5, after “to” by inserting:
“subsection 2 of”.
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. 386.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 406.
Amend the bill as a whole by renumbering section 1 as sec. 2 and adding a new section designated section 1, following the enacting clause, to read as follows:
“Section 1. Chapter 281 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Any public officer or employee of the state or any agency thereof, or of a political subdivision or an agency of a political subdivision, who is an emergency communications technician must be relieved from his duties, upon the request of the division of emergency management of the department of motor vehicles and public safety or a local organization for emergency management and the approval of his employer, to assist the division or local organization for emergency management during a disaster or emergency that occurs in this state, California, Oregon, Idaho, Utah or Arizona, without loss of his regular compensation for a period of not more than 15 working days in any calendar year. No such absence may be a part of the annual vacation of the public officer or employee which is provided for by law.
2. As used in this section:
(a) “Disaster” has the meaning ascribed to it in NRS 414.0335.
(b) “Emergency” has the meaning ascribed to it in NRS 414.0345.
(c) “Emergency communications technician” means a person who is:
(1) Licensed by the Federal Communications Commission as an amateur radio operator; and
(2) A member of:
(I) The Radio Amateur Civil Emergency Service or a successor organization sponsored by the agency of the Federal Government for emergency management; or
(II) The Amateur Radio Emergency Service or a successor organization sponsored by the American Radio Relay League or its successor.
(d) “Local organization for emergency management” has the meaning ascribed to it in NRS 414.036.”.
Amend the bill as a whole by deleting sec. 2.
Amend the bill as a whole by deleting sec. 7 and renumbering sections 8 through 13 as sections 7 through 12.
Amend sec. 12, page 6, by deleting lines 1 and 2 and inserting:
“Sec. 11. NRS 284.120, 284.225, 284.280 and 284.400 are hereby repealed.”.
Amend the text of repealed sections by deleting the text of NRS 284.012, 284.317 and 284.379.
Amend the title of the bill to read as follows:
“AN ACT relating to public employees; authorizing a leave of absence for certain public officers or employees to assist the division of emergency management of the department of motor vehicles and public safety or a local organization for emergency management during a disaster or emergency; revising certain provisions relating to the classified and unclassified services of the state; repealing certain provisions relating to cooperation with the public employees’ retirement board and the requirement of a bond for appointment to certain positions; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Makes various changes concerning public employees. (BDR 23‑621)”.
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. 407.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 454.
Amend section 1, page 2, by deleting lines 5 through 19 and inserting:
“4. A financial incentive must be included in the calculation of the value of financial incentives provided to a developer prescribed in subsection 2 if the agreement between the agency and the developer pursuant to subsection 2 did not provide for the recovery of the financial incentive and:
(a) The developer or any partner, director or officer of the developer acted in a capacity to encourage or influence the agency to provide the financial incentive.
(b) The financial incentive was a gift, grant, donation or loan.
(c) The financial incentive was not a gift, grant, donation or loan and the agency incurred the costs for the financial incentive within the 60 months immediately preceding the date on which the agency and the developer entered into the agreement.”.
Amend section 1, page 2, lines 32 and 33, by deleting:
“to meet standards which are” and inserting:
“that would be”.
Amend section 1, page 2, by deleting line 35.
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. 484.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 509.
Amend section 1, page 1, line 11, after “expenses” by inserting:
“, any other fees payable by a unit’s owner”.
Amend section 1, page 2, by deleting lines 1 and 2 and inserting:
“(d) A statement listing all written notices of a violation of the governing documents of the association associated with the unit which the association has previously provided to the selling unit’s owner and which the purchaser will be obligated”.
Amend section 1, page 2, by deleting lines 7 and 8 and inserting:
“actions [against] to which the association is a party and the status of any such pending legal actions [relating to the common-interest community of which the unit’s owner has”.
Amend section 1, page 2, by deleting lines 12 through 15 and inserting:
“(h) A statement of any claim for a constructional defect of which the association has actual knowledge and for which the association will be a party.
2. The association, within 10 days after receipt of a written request by a unit’s owner,”.
Amend section 1, page 2, line 16, after “certificate” by inserting:
“addressed to the unit’s owner at the address included in the written request”.
Amend section 1, page 2, line 18, after “board” by inserting:
“of the association or an authorized agent”.
Amend section 1, page 2, by deleting line 22 and inserting:
“3. [Neither] Except as otherwise provided in subsection 6, neither a purchaser nor the purchaser’s interest in a unit is liable to the association for”.
Amend section 1, page 2, by deleting lines 27 through 29 and inserting:
“(b) The correction or repair of any violation of the governing documents of the association that is not disclosed pursuant to paragraph (d) of subsection 1.”.
Amend section 1, page 2, line 31, after “liable” by inserting:
“to the association”.
Amend section 1, page 2, by deleting lines 34 and 35 and inserting:
“(b) The correction or repair of any violation of the governing documents of the association associated with the unit that is required to be disclosed pursuant to paragraph (d) of subsection 1.
5. A certificate issued by an association pursuant to this section becomes effective on the date the certificate is signed pursuant to subsection 2.
6. The association is not liable to any person for undisclosed information if a unit’s owner does not make a written request for a certificate pursuant to subsection 2.”.
Amend sec. 2, page 4, line 45, after “any” by inserting:
“other fees payable by a unit’s owner and any”.
Amend sec. 2, pages 4 and 5, by deleting lines 47 and 48 on page 4 and lines 1 through 3 on page 5, and inserting:
“(d) A statement listing all written notices of a violation of the governing documents of the association associated with the unit which the association has previously provided to you and which the purchaser will be obligated to correct or repair.
(e) A statement of any outstanding judgments or [lawsuits pending against] pending legal actions to which the association [of which you are aware. You are also required to provide a] is a party and the status of such pending legal actions.”.
Amend sec. 2, page 5, by deleting lines 6 through 8 and inserting:
“(g) A statement of any claim for a constructional defect of which the association has actual knowledge and for which the association will be a party.”.
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. 560.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 466.
Amend sec. 3, page 3, between lines 38 and 39, by inserting:
“(h) May enter into an interlocal agreement with an Indian tribe to provide training to and certification of persons employed as police officers by that Indian tribe.”.
Amend sec. 3, pages 3 and 4, by deleting lines 46 through 49 on page 3 and lines 1 through 5 on page 4.
Amend the bill as a whole by renumbering sections 4 and 5 as sections 5 and 6 and adding a new section designated sec. 4, following sec. 3, to read as follows:
“Sec. 4. NRS 289.550 is hereby amended to read as follows:
289.550 1. [The persons] Except as otherwise provided in subsection 2, a person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive, must be certified by the commission [, except
1.] within 1 year after the date on which the person commences employment as a peace officer unless the commission, for good cause shown, grants in writing an extension of time, which must not exceed 6 months, by which the person must become certified.
2. The following persons are not required to be certified by the commission:
(a) The chief parole and probation officer;
[2.] (b) The director of the department of prisons;
[3.] (c) The state fire marshal;
[4.] (d) The director of the department of motor vehicles and public safety, the deputy directors of the department, the chiefs of the divisions of the department other than the investigation division, and the members of the state disaster identification team of the division of emergency management of the department;
[5.] (e) The commissioner of insurance and his chief deputy;
[6.] (f) Railroad policemen; and
[7.] (g) California correctional officers.”.
Amend the title of the bill to read as follows:
“AN ACT relating to law enforcement; providing that certain field agents and inspectors of the state department of agriculture are category II peace officers; providing that the peace officers’ standards and training commission may enter into certain interlocal agreements with Indian tribes; requiring that certain peace officers be certified by the commission within a certain period; revising the authority of the director of the state department of agriculture to designate certain department personnel as field agents; and providing other matters properly relating thereto.”.
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. 576.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 510.
Amend sec. 2, page 2, after “3.” by inserting:
“The provisions of this section apply only to civil litigation involving a signatory or a successor in interest of a signatory of the Master Settlement Agreement, as the term is defined in NRS 370A.070.
4.”.
Amend the bill as a whole by adding a preamble, immediately preceding the enacting clause, to read as follows:
“Whereas, The money paid to this state pursuant to the Master Settlement Agreement entered into between this state and tobacco product manufacturers contributes substantially to the funds available to this state to provide essential health services, education services and other human services; and
Whereas, It is critical that the legislature take action to ensure that the money available for these services not be unnecessarily diverted by reason of unrelated civil actions against tobacco product manufacturers; and
Whereas, The legislature may take steps to protect the interest of this state in revenue available pursuant to the Master Settlement Agreement without unduly burdening the interests of other claimants; now, therefore,”.
Amend the title of the bill, second line, by deleting:
“the procedures for determining”.
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. 617.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 374.
Amend sec. 63, page 33, line 45, by deleting:
“partnership or business trust” and inserting:
“partnership, business trust, municipal corporation, political party, political action committee or recall committee”.
Amend sec. 63, page 33, line 47, by deleting:
“partnership or business trust” and inserting:
“partnership, business trust, municipal corporation, political party, political action committee or recall committee”.
Amend sec. 65, page 34, line 6, by deleting “Nevada;” and inserting:
“Nevada or a law firm whose partners, shareholders or members are members in good standing of the State Bar of Nevada;”.
Amend sec. 65, page 34, line 8, by deleting “permit;” and inserting:
“permit or an accounting firm whose partners, shareholders or members hold a live permit;”
Amend sec. 65, page 34, by deleting lines 14 and 15 and inserting:
“4. A person acting as a resident agent for not more than 10 persons if such a resident”.
Amend sec. 65, page 34, line 20, after “entity” by inserting:
“maintains a street address at an actual physical location in this state at all times during which the person or entity acts in the capacity of a resident agent and”.
Amend sec. 66, page 34, by deleting line 25 and inserting:
“(a) One member who is a representative of the general public;”.
Amend sec. 67, page 35, by deleting lines 7 and 8 and inserting:
“5. A majority of the board constitutes a quorum for the transaction of business.”.
Amend sec. 68, page 35, by deleting lines 19 through 22.
Amend sec. 68, page 35, line 23, by deleting “3.” and inserting “2.”.
Amend sec. 68, page 35, line 27, by deleting “4.” and inserting “3.”.
Amend sec. 69, page 35, between lines 34 and 35, by inserting:
“3. An order or decision of the board resulting from a closed meeting held pursuant to subsection 2 must be open to inspection by the public.”.
Amend sec. 78, page 37, line 25, after “(e)” by inserting:
“Maintains normal hours of operation from at least 8 a.m. to 5 p.m., Monday through Friday, in order to receive service of process;
(f)”.
Amend sec. 78, page 37, line 27, by deleting “(f)” and inserting “(g)”.
Amend sec. 78, page 37, line 36, by deleting “and”.
Amend sec. 78, page 37, line 37, after “(c)” by inserting:
“Maintains normal hours of operation from at least 8 a.m. to 5 p.m., Monday through Friday, in order to receive service of process; and
(d)”.
Amend sec. 90, page 42, line 15, by deleting “and”.
Amend sec. 90, page 42, line 16, after “(e)” by inserting:
“Maintains normal hours of operation from at least 8 a.m. to 5 p.m., Monday through Friday, in order to receive service of process; and
(f)”.
Amend sec. 90, page 42, line 18, by deleting “(f)” and inserting “(g)”.
Amend sec. 90, page 42, line 28, by deleting “and”.
Amend sec. 90, page 42, line 29, after “(c)” by inserting:
“Maintains normal hours of operation from at least 8 a.m. to 5 p.m., Monday through Friday, in order to receive service of process; and
(d)”.
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. 617 be placed on the Chief Clerk’s desk.
Motion carried.
Assembly Bill No. 627.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 521.
Amend section 1, page 1, line 3, by deleting “400,000” and inserting “100,000”.
Amend section 1, page 2, line 25, by deleting “400,000” and inserting “100,000”.
Amend sec. 2, page 3, by deleting lines 15 through 17 and inserting:
“11. Advertises goods or services as being available free of charge”.
Amend sec. 2, page 3, line 20, by deleting “13.” and inserting “12.”.
Amend sec. 2, page 3, line 23, by deleting “14.” and inserting “13.”.
Amend sec. 2, page 3, line 26, by deleting “15.” and inserting “14.”.
Amend sec. 2, page 3, line 29, by deleting “16.” and inserting “15.”.
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. 37.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 502.
Amend section 1, page 1, by deleting line 4 and inserting:
“(a) “Gross annual income” means the total amount of income earned each year from any source of a wage-earning employee or the gross income from any source of a self-employed person, after deduction of all legitimate business expenses, but without deduction for personal income taxes, contributions for retirement benefits, contributions to a pension or for any other personal expenses.
(b) “Gross monthly income” means the total amount of income earned each month from”.
Amend section 1, page 1, line 10, by deleting “(b)” and inserting “[(b)] (c)”.
Amend section 1, page 1, line 17, by deleting “$785” and inserting:
“the maximum amount set forth for the parent in subsection 2”.
Amend section 1, page 2, line 1, after “2.” by inserting:
“For the purposes of paragraph (c) of subsection 1, the maximum amount per month per child for an obligation for support, as adjusted pursuant to subsection 3, is:
MAXIMUM AMOUNT
INCOME RANGE The Maximum Amount the Parent
If the Parent’s Gross Annual But Not May Be Required to Pay Pursuant
Income is Over Over to Paragraph (c) of Subsection 1 Is
$0 - $50,000 $500
50,000 - 75,000 550
75,000 - 100,000 600
100,000 - 125,000 650
125,000 - 150,000 700
150,000 - 175,000 750
If a parent’s
gross annual income is more than $175,000, the maximum amount the parent may be
required to pay pursuant to paragraph (c) of subsection 1 is $800.
3. The amounts set forth in subsection 2 for each income range and the corresponding amount of the obligation for support must be adjusted on January 1 for each calendar year in an amount corresponding to the percentage of increase or decrease in the Consumer Price Index (All Items) published by the United States Department of Labor for the preceding calendar year. On or before December 15 of each year, the office of court administrator shall determine the amount of the increase or decrease required by this subsection, establish the adjusted amounts in effect beginning on January 1 of the succeeding calendar year and notify each district court of the adjusted amounts.
4. A court may provide in its order that a parent is required to pay the maximum amount for an obligation for support as determined pursuant to subsections 1 and 2 and increased each year pursuant to subsection 3. If the court issues such an order, it shall provide in the order the current amount that the parent is required to pay through the end of the calendar year and require the parent to contact the court before January 1 of each subsequent calendar year to determine the amount of his obligation for support for each subsequent year.
5.”.
Amend the bill as a whole by adding a new section designated sec. 2, following section 1, to read as follows:
“Sec. 2. NRS 125B.080 is hereby amended to read as follows:
125B.080 Except as otherwise provided in NRS 425.450:
1. A court of this state shall apply the appropriate formula set forth in [paragraph (b) of subsection 1 of] NRS 125B.070 to:
(a) Determine the required support in any case involving the support of children.
(b) Any request filed after July 1, 1987, to change the amount of the required support of children.
2. If the parties agree as to the amount of support required, the parties shall certify that the amount of support is consistent with the appropriate formula set forth in [paragraph (b) of subsection 1 of] NRS 125B.070. If the amount of support deviates from the formula, the parties must stipulate sufficient facts in accordance with subsection 9 which justify the deviation to the court, and the court shall make a written finding thereon. Any inaccuracy or falsification of financial information which results in an inappropriate award of support is grounds for a motion to modify or adjust the award.
3. If the parties disagree as to the amount of the gross annual income or gross monthly income of either party, the court shall determine the amount and may direct either party to furnish financial information or other records, including income tax returns for the preceding 3 years. Once a court has established an obligation for support by reference to a formula set forth in [paragraph (b) of subsection 1 of] NRS 125B.070, any subsequent modification or adjustment of that support, except for any modification or adjustment made pursuant to subsections 3 and 4 of NRS 125B.070 or NRS 425.450 or as a result of a review conducted pursuant to subsection 1 of NRS 125B.145, must be based upon changed circumstances.
4. Notwithstanding the formulas set forth in [paragraph (b) of subsection 1 of] NRS 125B.070, the minimum amount of support that may be awarded by a court in any case is $100 per month per child, unless the court makes a written finding that the obligor is unable to pay the minimum amount. Willful underemployment or unemployment is not a sufficient cause to deviate from the awarding of at least the minimum amount.
5. It is presumed that the basic needs of a child are met by the formulas set forth in [paragraph (b) of subsection 1 of] NRS 125B.070. This presumption may be rebutted by evidence proving that the needs of a particular child are not met by the applicable formula.
6. If the amount of the awarded support for a child is greater or less than the amount which would be established under the applicable formula, the court shall:
(a) Set forth findings of fact as to the basis for the deviation from the formula; and
(b) Provide in the findings of fact the amount of support that would have been established under the applicable formula.
7. Expenses for health care which are not reimbursed, including expenses for medical, surgical, dental, orthodontic and optical expenses, must be borne equally by both parents in the absence of extraordinary circumstances.
8. If a parent who has an obligation for support is willfully underemployed or unemployed to avoid an obligation for support of a child, that obligation must be based upon the parent’s true potential earning capacity.
9. The court shall consider the following factors when adjusting the amount of support of a child upon specific findings of fact:
(a) The cost of health insurance;
(b) The cost of child care;
(c) Any special educational needs of the child;
(d) The age of the child;
(e) The responsibility of the parents for the support of others;
(f) The value of services contributed by either parent;
(g) Any public assistance paid to support the child;
(h) Any expenses reasonably related to the mother’s pregnancy and confinement;
(i) The cost of transportation of the child to and from visitation if the custodial parent moved with the child from the jurisdiction of the court which ordered the support and the noncustodial parent remained;
(j) The amount of time the child spends with each parent;
(k) Any other necessary expenses for the benefit of the child; and
(l) The relative income of both parents.”.
Amend the title of the bill to read as follows:
“AN ACT relating to child support; increasing the maximum monthly amount that certain parents may be required to pay for support of a child; requiring the office of court administrator to adjust annually the amount of such payments based on the consumer price index; authorizing the court to order a parent to pay the maximum amount for an obligation for support of a child as adjusted annually by the office of court administrator; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Revises provisions governing maximum monthly amount that certain parents may be required to pay for support of their children. (BDR 11‑1051)”.
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
By the Committee on Elections, Procedures, and Ethics:
Assembly Resolution No. 10—Providing for the appointment of additional attachés.
Resolved by the Assembly of the State of Nevada, That A. Louise Darden and W. Wayne Willson are elected as additional attachés of the Assembly for the 71st session of the Legislature of the State of Nevada.
Assemblywoman Giunchigliani moved the adoption of the resolution.
Remarks by Assemblywoman Giunchigliani.
Resolution adopted.
Assemblyman Williams moved that Assembly Bill No. 351 be taken from the General File and placed on the Chief Clerk's desk.
Remarks by Assemblyman Williams.
Motion carried.
Assemblyman Anderson moved that Assembly Bill No. 489 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. 469 be taken from the General File and placed on the Chief Clerk's desk.
Remarks by Assemblywoman Giunchigliani.
Motion carried.
Assemblywoman Buckley moved that the reading of the history of Assembly Bills on the General File be dispensed with for this legislative day.
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 11:32 a.m.
ASSEMBLY IN SESSION
At 11:33 a.m.
Mr. Speaker pro Tempore presiding.
Quorum present.
general file and third reading
Assembly Bill No. 27.
Bill read third time.
Remarks by Assemblyman Perkins.
Roll call on Assembly Bill No. 27:
Yeas—38.
Nays—None.
Excused—Arberry, Beers, Oceguera, Ohrenschall—4.
Assembly Bill No. 27 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 60.
Bill read third time.
Remarks by Assemblyman Lee.
Roll call on Assembly Bill No. 60:
Yeas—38.
Nays—None.
Excused—Arberry, Beers, Oceguera, Ohrenschall—4.
Assembly Bill No. 60 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 94.
Bill read third time.
Remarks by Assemblymen Gibbons, Gustavson and Smith.
Conflict of interest declared by Assemblywoman Gibbons.
Roll call on Assembly Bill No. 94:
Yeas—35.
Nays—Angle, Gustavson—2.
Not Voting—Gibbons.
Excused—Arberry, Beers, Oceguera, Ohrenschall—4.
Assembly Bill No. 94 having received a two-thirds majority, Mr. Speaker pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 95.
Bill read third time.
Remarks by Assemblymen Bache and Koivisto.
Potential conflict of interest declared by Assemblywoman Koivisto.
Roll call on Assembly Bill No. 95:
Yeas—38.
Nays—None.
Excused—Arberry, Beers, Oceguera, Ohrenschall—4.
Assembly Bill No. 95 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 125.
Bill read third time.
Remarks by Assemblyman Manendo.
Roll call on Assembly Bill No. 125:
Yeas—36.
Nays—Buckley, Collins—2.
Excused—Arberry, Beers, Oceguera, Ohrenschall—4.
Assembly Bill No. 125 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Senate.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblywoman Giunchigliani moved that Assembly Bill No. 279 be taken from the Chief Clerk's desk and placed on the General File.
Motion carried.
general file and third reading
Assembly Bill No. 163.
Bill read third time.
Remarks by Assemblywoman Freeman.
Roll call on Assembly Bill No. 163:
Yeas—38.
Nays—None.
Excused—Arberry, Beers, Oceguera, Ohrenschall—4.
Assembly Bill No. 163 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 246.
Bill read third time.
Remarks by Assemblywoman McClain.
Roll call on Assembly Bill No. 246:
Yeas—36.
Nays—Angle, Gustavson—2.
Excused—Arberry, Beers, Oceguera, Ohrenschall—4.
Assembly Bill No. 246 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 289.
Bill read third time.
Remarks by Assemblymen Dini and Perkins.
Potential conflict of interest declared by Assemblyman Perkins.
Roll call on Assembly Bill No. 289:
Yeas—38.
Nays—None.
Excused—Arberry, Beers, Oceguera, Ohrenschall—4.
Assembly Bill No. 289 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 308.
Bill read third time.
Remarks by Assemblywomen Tiffany and Buckley.
Roll call on Assembly Bill No. 308:
Yeas—38.
Nays—None.
Excused—Arberry, Beers, Oceguera, Ohrenschall—4.
Assembly Bill No. 308 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 327.
Bill read third time.
Remarks by Assemblymen Giunchigliani, Brower and Gibbons.
Roll call on Assembly Bill No. 327:
Yeas—25.
Nays—Angle, Berman, Brower, Brown, Cegavske, Claborn, Dini, Gustavson, Hettrick, Humke, Marvel, Nolan, Von Tobel—13.
Excused—Arberry, Beers, Oceguera, Ohrenschall—4.
Assembly Bill No. 327 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 338.
Bill read third time.
Remarks by Assemblyman Goldwater.
Roll call on Assembly Bill No. 338:
Yeas—30.
Nays—Angle, Brower, Brown, Carpenter, Cegavske, Gustavson, Hettrick, Nolan—8.
Excused—Arberry, Beers, Oceguera, Ohrenschall—4.
Assembly Bill No. 338 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 345.
Bill read third time.
Remarks by Assemblyman Dini.
Roll call on Assembly Bill No. 345:
Yeas—38.
Nays—None.
Excused—Arberry, Beers, Oceguera, Ohrenschall—4.
Assembly Bill No. 345 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 370.
Bill read third time.
Remarks by Assemblywoman Leslie.
Roll call on Assembly Bill No. 370:
Yeas—38.
Nays—None.
Excused—Arberry, Beers, Oceguera, Ohrenschall—4.
Assembly Bill No. 370 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Senate.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblywoman Chowning moved that Assembly Bill No. 644 be taken from the General File and placed on the Chief Clerk's desk.
Remarks by Assemblywoman Chowning.
Motion carried.
general file and third reading
Assembly Bill No. 497.
Bill read third time.
Remarks by Assemblywoman Gibbons.
Roll call on Assembly Bill No. 497:
Yeas—38.
Nays—None.
Excused—Arberry, Beers, Oceguera, Ohrenschall—4.
Assembly Bill No. 497 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 501.
Bill read third time.
Remarks by Assemblyman Goldwater.
Roll call on Assembly Bill No. 501:
Yeas—38.
Nays—None.
Excused—Arberry, Beers, Oceguera, Ohrenschall—4.
Assembly Bill No. 501 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 568.
Bill read third time.
Remarks by Assemblyman Bache.
Roll call on Assembly Bill No. 568:
Yeas—38.
Nays—None.
Excused—Arberry, Beers, Oceguera, Ohrenschall—4.
Assembly Bill No. 568 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 586.
Bill read third time.
Remarks by Assemblyman Anderson.
Roll call on Assembly Bill No. 586:
Yeas—38.
Nays—None.
Excused—Arberry, Beers, Oceguera, Ohrenschall—4.
Assembly Bill No. 586 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 604.
Bill read third time.
Remarks by Assemblyman Giunchigliani.
Roll call on Assembly Bill No. 604:
Yeas—38.
Nays—None.
Excused—Arberry, Beers, Oceguera, Ohrenschall—4.
Assembly Bill No. 604 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 620.
Bill read third time.
Remarks by Assemblymen Dini, Lee and Collins.
Potential conflict of interest declared by Assemblymen Lee and Collins.
Roll call on Assembly Bill No. 620:
Yeas—38.
Nays—None.
Excused—Arberry, Beers, Oceguera, Ohrenschall—4.
Assembly Bill No. 620 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 629.
Bill read third time.
Remarks by Assemblyman Humke.
Roll call on Assembly Bill No. 629:
Yeas—38.
Nays—None.
Excused—Arberry, Beers, Oceguera, Ohrenschall—4.
Assembly Bill No. 629 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 634.
Bill read third time.
Remarks by Assemblywomen Parnell and Koivisto.
Potential conflict of interest declared by Assemblywoman Koivisto.
Roll call on Assembly Bill No. 634:
Yeas—38.
Nays—None.
Excused—Arberry, Beers, Oceguera, Ohrenschall—4.
Assembly Bill No. 634 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 637.
Bill read third time.
Remarks by Assemblywoman Giunchigliani.
Roll call on Assembly Bill No. 637:
Yeas—38.
Nays—None.
Excused—Arberry, Beers, Oceguera, Ohrenschall—4.
Assembly Bill No. 637 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 639.
Bill read third time.
Remarks by Assemblyman Dini.
Roll call on Assembly Bill No. 639:
Yeas—38.
Nays—None.
Excused—Arberry, Beers, Oceguera, Ohrenschall—4.
Assembly Bill No. 639 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Joint Resolution No. 10.
Resolution read third time.
Remarks by Assemblyman Carpenter.
Roll call on Assembly Joint Resolution No. 10:
Yeas—38.
Nays—None.
Excused—Arberry, Beers, Oceguera, Ohrenschall—4.
Assembly Joint Resolution No. 10 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed.
Resolution ordered transmitted to the Senate.
Assembly Bill No. 489.
Bill read third time.
The following amendment was proposed by Assemblymen Gustavson and Anderson:
Amendment No. 579.
Amend section 1, page 2, line 10, by deleting “any felony” and inserting:
“a category A, B or C felony”.
Amend section 1, page 2, line 27, by deleting “any felony.” and inserting:
“a category A, B or C felony.”.
Amend the title of the bill, second line, by deleting “all” and inserting “certain”.
Amend the summary of the bill to read as follows:
“SUMMARY—Requires genetic marker analysis to be obtained from certain offenders convicted of felony. (BDR 14‑1038)”.
Assemblyman Gustavson moved the adoption of the amendment.
Remarks by Assemblyman Gustavson.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assembly Bill No. 279.
Bill read third time.
Remarks by Assemblymen Leslie and Perkins.
Potential conflict of interest declared by Assemblyman Perkins.
Roll call on Assembly Bill No. 279:
Yeas—38.
Nays—None.
Excused—Arberry, Beers, Oceguera, Ohrenschall—4.
Assembly Bill No. 279 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblywoman Buckley moved that Bill Meakin be accepted as a accredited press representative, that he be assigned space at the press table in the Assembly chambers and that he be allowed use of appropriate broadcasting facilities.
Motion carried.
REPORTS OF SELECT COMMITTEES
Mr. Speaker:
Your Select Committee on Energy, to which was referred Assembly Bill No. 418, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, but without recommendation.
Douglas A. Bache, Chairman
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Bache moved that Assembly Bill No. 418 just reported out of committee, be placed on the Second Reading File.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 418.
Bill read second time.
The following amendment was proposed by the Select Committee on Energy:
Amendment No. 461.
Amend the bill as a whole by deleting sections 1 through 8 and adding new sections designated sections 1 through 19 and the text of the repealed section, following the enacting clause, to read as follows:
“Section 1. Chapter 704 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 10, inclusive, of this act.
Sec. 2. As used in sections 2 to 10, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 8, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3. “Biomass” means any organic matter that is available on a renewable basis, including, without limitation:
1. Agricultural crops and agricultural wastes and residues;
2. Wood and wood wastes and residues;
3. Animal wastes;
4. Municipal wastes; and
5. Aquatic plants.
Sec. 4. “Portfolio standard” means a portfolio standard for renewable energy established by the commission pursuant to section 9 of this act.
Sec. 5. 1. “Provider of electric service” and “provider” mean any person or entity that is in the business of selling electricity to retail customers in this state, regardless of whether the person or entity is otherwise subject to regulation by the commission.
2. The term does not include:
(a) This state or an agency or instrumentality of this state.
(b) A rural electric cooperative established pursuant to chapter 81 of NRS.
(c) A general improvement district established pursuant to chapter 318 of NRS.
(d) A utility established pursuant to chapter 709 or 710 of NRS.
(e) A cooperative association, nonprofit corporation, nonprofit association or provider of electric service which is declared to be a public utility pursuant to NRS 704.673 and which provides service only to its members.
(f) A landlord of a mobile home park or owner of a company town who is subject to any of the provisions of NRS 704.905 to 704.960, inclusive.
Sec. 6. 1. “Renewable energy” means:
(a) Biomass;
(b) Hydrogen;
(c) Geothermal energy;
(d) Solar energy;
(e) Waterpower; and
(f) Wind.
2. The term does not include coal, natural gas, oil, propane or any other fossil fuel, or nuclear energy.
Sec. 7. “Renewable energy system” means:
1. A facility or energy system that uses renewable energy to generate electricity;
2. A solar thermal energy system that reduces the consumption of electricity; and
3. A net metering system used by a customer-generator pursuant to NRS 704.766 to 704.775, inclusive.
Sec. 8. 1. “Retail customer” means a customer who purchases electricity at retail.
2. The term includes, without limitation:
(a) This state, a political subdivision of this state or an agency or instrumentality of this state or political subdivision of this state when it purchases electricity at retail; and
(b) A landlord of a mobile home park or owner of a company town who is subject to any of the provisions of NRS 704.905 to 704.960, inclusive.
Sec. 9. 1. For each provider of electric service, the commission shall establish a portfolio standard for renewable energy. The portfolio standard must require each provider to generate or acquire electricity from renewable energy systems in an amount that is:
(a) For calendar years 2003 and 2004, not less than 5 percent of the total amount of electricity sold by the provider to its retail customers in this state during that calendar year.
(b) For calendar years 2005 and 2006, not less than 7 percent of the total amount of electricity sold by the provider to its retail customers in this state during that calendar year.
(c) For calendar years 2007 and 2008, not less than 9 percent of the total amount of electricity sold by the provider to its retail customers in this state during that calendar year.
(d) For calendar years 2009 and 2010, not less than 11 percent of the total amount of electricity sold by the provider to its retail customers in this state during that calendar year.
(e) For calendar years 2011 and 2012, not less than 13 percent of the total amount of electricity sold by the provider to its retail customers in this state during that calendar year.
(f) For calendar year 2013 and for each calendar year thereafter, not less than 15 percent of the total amount of electricity sold by the provider to its retail customers in this state during that calendar year.
2. In addition to the requirements set forth in subsection 1, the portfolio standard for each provider must require that:
(a) Of the total amount of electricity that the provider is required to generate or acquire from renewable energy systems during each calendar year, not less than 10 percent of that amount must be generated or acquired from solar renewable energy systems.
(b) If the provider acquires electricity from a renewable energy system pursuant to a contract with another party, the term of the contract must be not less than 10 years, unless the other party agrees to a contract with a shorter term.
3. If, for the benefit of one or more of its retail customers in this state, the provider has subsidized, in whole or in part, the acquisition or installation of a solar thermal energy system which qualifies as a renewable energy system and which reduces the consumption of electricity, the total reduction in the consumption of electricity during each calendar year that results from the solar thermal energy system shall be deemed to be electricity that the provider generated or acquired from a renewable energy system for the purposes of complying with its portfolio standard.
4. The commission may adopt regulations that establish a system of renewable energy credits that may be used by a provider to comply with its portfolio standard.
5. Except as otherwise provided in subsection 6, each provider shall comply with its portfolio standard during each calendar year.
6. If, during any calendar year, a provider is unable to comply with its portfolio standard through the generation of electricity from its own renewable energy systems or, if applicable, through the use of renewable energy credits, the provider shall take actions to acquire electricity from renewable energy systems owned, operated or controlled by other parties. The actions taken by the provider must include making requests for proposals or taking other appropriate actions to solicit and enter into contracts with other parties. If, based upon the responses to the actions taken by the provider, the commission determines that there is not or will not be a sufficient supply of electricity from such renewable energy systems made available to the provider during a calendar year, the commission shall exempt the provider, for that calendar year, from the remaining requirements of its portfolio standard or from any appropriate portion thereof, as determined by the commission.
Sec. 10. 1. Each provider of electric service shall submit to the commission an annual report that provides information relating to the actions taken by the provider to comply with its portfolio standard.
2. Each provider shall submit the annual report to the commission after the end of each calendar year and within the time prescribed by the commission. The report must be submitted in a format approved by the commission.
3. The commission may adopt regulations that require providers to submit to the commission additional reports during each calendar year.
4. Each annual report and each additional report must include clear and concise information that sets forth:
(a) The amount of electricity which the provider generated or acquired from renewable energy systems during the reporting period and, if applicable, the amount of renewable energy credits that the provider acquired, sold or traded during the reporting period to comply with its portfolio standard;
(b) The capacity of each renewable energy system owned, operated or controlled by the provider, the total amount of electricity generated by each such system during the reporting period and the percentage of that total amount which was generated directly from renewable energy;
(c) Whether, during the reporting period, the provider began construction on, acquired or placed into operation any renewable energy system and, if so, the date of any such event; and
(d) Any other information that the commission by regulation may deem relevant.
Sec. 11. “Renewable energy” has the meaning ascribed to it in section 6 of this act.
Sec. 12. NRS 704.743 is hereby amended to read as follows:
704.743 1. A utility which supplies electricity in this state may apply to the commission for authority to charge, as part of a program of optional pricing, a higher rate for electricity that is [derived] generated from renewable energy . [resources.]
2. The program [must] may provide the customers of the utility with the option of paying a higher rate for electricity to support the increased use by the utility of renewable energy [resources] in the [production] generation of electricity.
3. As used in this section [, “renewable energy resources” means resources from which electricity is produced, but which are not consumed or combusted and are] :
(a) “Biomass” has the meaning ascribed to it in section 3 of this act.
(b) “Renewable energy” means a source of energy that occurs naturally or is regenerated [,] naturally, including, without limitation:
[(a)] (1) Wind;
[(b)] (2) Solar energy; [and
(c)] (3) Geothermal energy [.] ;
(4) Biomass;
(5) Hydrogen; and
(6) Waterpower.
The term does not include coal, natural gas, oil, propane or any
other fossil fuel, or nuclear energy.
Sec. 13. NRS 704.767 is hereby amended to read as follows:
704.767 As used in NRS [704.767] 704.766 to 704.775, inclusive, unless the context otherwise requires, the words and terms defined in NRS 704.768 to 704.772, inclusive, and section 11 of this act have the meanings ascribed to them in those sections.
Sec. 14. NRS 704.771 is hereby amended to read as follows:
704.771 “Net metering system” means a facility or energy system for the [production of electrical energy] generation of electricity that:
1. Uses [wind or solar] renewable energy as its primary source of [fuel;
2. Has a generating capacity of not more than 10 kilowatts;
3.] energy to generate electricity;
2. Is located on the customer-generator’s premises;
[4.] 3. Operates in parallel with the utility’s transmission and distribution facilities; and
[5.] 4. Is intended primarily to offset part or all of the customer-generator’s requirements for electricity.
Sec. 15. NRS 231.064 is hereby amended to read as follows:
231.064 In addition to its other duties, the commission on economic development shall:
1. Investigate and study conditions affecting Nevada business, industry and commerce, and engage in technical studies, scientific investigations, statistical research and educational activities necessary or useful for the proper execution of the function of the division of economic development in promoting and developing Nevada business, industry and commerce, both within and outside the state.
2. Conduct or encourage research designed to further new and more extensive uses of the natural and other resources of the state and designed to develop new products and industrial processes.
3. Serve as a center of public information for the State of Nevada by answering general inquiries concerning the resources and economic, residential and recreational advantages of this state and by furnishing information and data on these and related subjects.
4. Prepare and publish pamphlets and other descriptive material designed to promote industrial development in Nevada, including a regularly revised industrial directory for the state.
5. Plan and develop an effective service for business information, both for the direct assistance of business and industry of the state and for the encouragement of business and industry outside the state to use economic facilities within the state, including readily accessible information on state and local taxes, local zoning regulations and environmental standards, the availability and cost of real estate, labor, energy, transportation and occupational education and related subjects.
6. To the extent practicable, serve as a center of information concerning electric generating plants and facilities that a utility or other entity proposes to construct or locate in this state, and disseminate that information to counties whose population is less than 40,000 and to cities in those counties. Information provided pursuant to this subsection must include, to the extent that the commission is able to obtain such information from the utility or other entity:
(a) The size and scope of the proposed electric generating plant or facility and any needs that must be addressed with respect to the proposed plant or facility, including, without limitation, proximity to water, proximity to lines for the transmission of electricity and other geographical considerations;
(b) Characteristics that the utility or other entity has determined to be necessary or desirable with respect to any site where the proposed plant or facility will be located;
(c) Potential sites, if any, that the utility or other entity has identified as likely to be suitable for the proposed plant or facility; and
(d) Any other factors considered relevant by the utility or other entity in determining the site on which the proposed plant or facility will be constructed or located.
Sec. 16. NRS 338.190 is hereby amended to read as follows:
338.190 1. Before it begins to construct or renovate any public building which is larger than [20,000] 6,000 square feet, each agency of the state or a political subdivision, district, authority, board or public corporation of the state shall obtain a detailed analysis of the cost of operating and maintaining the building for its expected useful life.
2. The analysis must [identify] :
(a) Identify the measures for:
[(a)] (1) Conservation of energy; [and
(b)] (2) Cogeneration; and
(3) Use of types of energy [which] , other than nuclear energy, that are alternatives to fossil fuels, [such as] including, without limitation, biomass, hydrogen, waterpower, active and passive applications of solar energy, wind and geothermal energy,
FLUSH
which [can]
could
feasibly be included in the building in its construction or
renovation.
(b) For each measure that is identified pursuant to paragraph (a), include an estimate of the time required before any savings in energy expected to be realized from including the measure in the construction or renovation of the building will offset the cost of including the measure in the construction or renovation of the building.
3. The agency of government which proposes to build or renovate [a building must] the building shall consider the results of the analysis required by this section in deciding upon the type of construction and the components and systems , if any, which will be included in the building.
4. This section applies to any public building or renovation of a public building, the designing of which begins on or after July 1, [1981.] 2001.
5. As used in this section, “cogeneration” means the combined generation by a facility or energy system of:
(a) Electrical or mechanical power; and
(b) Steam or other forms of energy, including, without limitation, heat, that are used for commercial or industrial purposes or for purposes of heating or cooling.
Sec. 17. NRS 361.0785 is hereby amended to read as follows:
361.0785 1. Except as otherwise provided in this section, all property, both real and personal, is exempt from taxation as set forth in this section to the extent that the property is used as a facility or energy system for the [production of electrical energy from solar] generation of electricity from renewable energy.
2. Personal property exempted pursuant to subsection 1 may not receive an exemption for more than 10 consecutive years.
3. Real property exempted pursuant to subsection 1 may not receive an exemption for more than 20 consecutive years.
4. The provisions of this section do not apply to:
(a) Residential property; and
(b) Property that is used as a facility or energy system for the [production of electrical energy from solar] generation of electricity from renewable energy before July 1, [1997.] 2001.
5. As used in this section[, “facility] :
(a) “Facility or energy system for the [production of electrical energy from solar] generation of electricity from renewable energy” means a facility [which uses solar] or energy system that uses renewable energy as its primary [fuel in the production of] source of energy to generate electricity. The term includes all the equipment in the facility and all the components of the energy system that are used to collect [,] and store the renewable energy and to convert the renewable energy into electricity . [the energy derived from solar energy.]
(b) “Renewable energy” has the meaning ascribed to it in section 6 of this act.
Sec. 18. NRS 704.989 is hereby repealed.
Sec. 19. This act becomes effective on July 1, 2001.
TEXT OF REPEALED SECTION
704.989 Renewable energy resources: Portfolio standards; report; exceptions.
1. The commission shall establish portfolio standards for domestic energy that set forth the minimum percentage of the total amount of electricity sold by an electric utility to its retail customers in this state during each calendar year that must be derived from renewable energy resources. The portfolio standards must:
(a) On January 1, 2001, be set at two-tenths of 1 percent of the total amount of electricity sold by the electric utility to its retail customers in this state during the immediately preceding calendar year.
(b) On January 1 of each successive odd-numbered year, be increased by two-tenths of 1 percent of the total amount of electricity sold by the electric utility to its retail customers in this state during the immediately preceding calendar year until the portfolio standards reach a total of 1 percent of the total amount of electricity sold by the electric utility to its retail customers in this state during the immediately preceding calendar year.
(c) Be derived from not less than 50 percent renewable energy resources.
(d) Be derived from not less than 50 percent solar renewable energy systems.
(e) Be based on renewable energy credits, if applicable.
2. Each electric utility shall comply with the portfolio standards established by the commission pursuant to this section. At the end of each calendar year, each electric utility shall submit a report, in a format approved by the commission, of the quantity of renewable energy and credits, if applicable, that the electric utility generated, purchased, sold and traded to meet the portfolio standards.
3. In establishing the portfolio standards pursuant to this section, the commission may establish a system of credits pursuant to which an electric utility may comply with the provisions of this section. A system of credits must provide that:
(a) Credits are issued for renewable energy resources for each kilowatt hour of energy which it produces; and
(b) Holders of credits may trade or sell the credits to other parties.
4. For the purposes of this section, if, on January 1, 1997, at least 9 percent of the total amount of electricity sold by an electric utility to its retail customers in this state during the immediately preceding calendar year was derived from renewable energy resources, the electric utility shall be deemed to be in compliance until January 1, 2005, with the portfolio standards established by the commission pursuant to this section. Between January 1, 2005, and December 31, 2009, such an electric utility shall have one-half of 1 percent of the total amount of electricity sold to its retail customers in this state, increased in annual increments of one-tenth of 1 percent during each calendar year of that period, derived from solar energy resources for full compliance with the portfolio standards established by the commission pursuant to this section.
5. In addition to the report required by subsection 2, each electric utility shall submit a report, in a format approved by the commission , that provides information relating to the compliance by the electric utility with the requirements of this section. Such reports must be made at least annually, unless the commission by regulation determines that such reports must be made more frequently than annually, and must include clear and concise information that sets forth:
(a) If the electric utility installed a renewable energy system during the period for which the report is being made, the date of installation;
(b) The capacity of renewable energy systems of the electric utility;
(c) The amount of production of energy from the renewable energy systems;
(d) The portion of the production of energy that is directly derived from renewable energy resources;
(e) The quantity of energy from renewable energy systems that is transmitted or distributed, or both, to retail customers in this state by the electric utility; and
(f) Such other information that the commission by regulation may deem relevant.
6. The provisions of this section do not apply to:
(a) Rural electric cooperatives established pursuant to chapter 81 of NRS;
(b) General improvement districts established pursuant to chapter 318 of NRS; or
(c) Utilities established pursuant to chapter 709 or 710 of NRS.
7. As used in this section:
(a) “Electric utility” has the meaning ascribed to it in section 19 of this act.
(b) “Renewable energy resources” means wind, solar, geothermal and biomass energy resources that are naturally regenerated.
(c) “Renewable energy system” means an energy system that utilizes renewable energy resources to produce electricity or solar thermal energy systems that reduce the consumption of electricity that was installed and commenced operations after July 1, 1997.”.
Amend the title of the bill to read as follows:
“AN ACT relating to energy; revising and clarifying provisions requiring certain providers of electric service to comply with a portfolio standard for renewable energy; revising provisions relating to net metering; requiring the commission on economic development to disseminate to smaller counties certain information regarding electric generating plants and facilities that a utility or other entity proposes to construct or locate in this state; revising provisions concerning the analysis performed on certain public buildings to identify measures for the conservation of energy and the use of alternative sources of energy; expanding the property tax exemption for certain facilities that generate electricity from solar energy to include certain facilities or energy systems that generate electricity from other renewable sources of energy; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Revises provisions concerning conservation of energy and use of renewable energy. (BDR 58‑1198)”.
Assemblyman Bache moved the adoption of the amendment.
Remarks by Assemblyman Bache.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assemblyman Bache moved that upon return from the printer Assembly Bill No. 418 be placed on the Chief Clerk’s desk.
Motion carried.
GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR
On request of Assemblyman Manendo, the privilege of the floor of the Assembly Chamber for this day was extended to Robert L. Shirey and Patricia A. Shirey.
On request of Assemblyman Neighbors, the privilege of the floor of the Assembly Chamber for this day was extended to Hester Williams, Vinnie Lowry, Whitney Willie, Dylan Johnson, Kyle Johnson, Daniel Savage, Bobby Sanchez, Eric Dixon, Jonnah McKinney, Angela Hernandez, Marie Reedy and Emma Powell.
Assemblywoman Buckley moved that the Assembly adjourn until Tuesday, April 24, 2001 at 10:30 a.m.
Motion carried.
Assembly adjourned at 12:36 p.m.
Approved: Richard D. Perkins
Attest: Jacqueline Sneddon