NEVADA LEGISLATURE

THE ONE HUNDRED AND THIRTEENTH DAY

Carson City (Monday), May 28, 2001

Assembly called to order at 12:02 p.m.

Mr. Speaker pro Tempore presiding.

Roll called.

All present except Assemblyman Carpenter, who was excused.

Prayer by the Chaplain, Pastor Bruce Henderson.

Lord, today is a special day, a national holiday. It is a day that we remember those who have given their lives so that we can live in freedom. Bless this body as they seek to remember and preserve our freedoms in Nevada. Willingly sacrificing so that others can be free is something You understand, Father. Thank You for doing it for us.

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 Constitutional Amendments, to which was referred Assembly Concurrent Resolution No. 38, has had the same under consideration, and begs leave to report the same back with the recommendation: Be adopted.

Bob Price, Chairman

Mr. Speaker:

Your Committee on Ways and Means, to which were referred Assembly Bills Nos. 506, 516, 522, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Also, your Committee on Ways and Means, to which were referred Assembly Bills Nos. 115, 503, 504, 514, 523, 525, 526, 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 Ways and Means, to which was referred Assembly Bill No. 520, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Morse Arberry Jr., Chairman

MESSAGES FROM THE Senate

Senate Chamber, Carson City, May 26, 2001

To the Honorable the Assembly:

I have the honor to inform your honorable body that the Senate on this day passed Assembly Bills Nos. 202, 227, 414, 465, 553, 557, 569, 607.

Also, I have the honor to inform your honorable body that the Senate amended, and on this day passed, as amended, Assembly Bill No. 27, Amendment No. 902; Assembly Bill No. 37, Amendment No. 903; Assembly Bill No. 82, Amendment No. 904; Assembly Bill No. 179, Amendment Nos. 803, 1048; Assembly Bill No. 305, Amendment No. 912; Assembly Bill No. 338, Amendment No. 927; Assembly Bill No. 383, Amendment No. 1039; Assembly Bill No. 395, Amendment No. 818; Assembly Bill No. 417, Amendment No. 908; Assembly Bill No. 428, Amendment No. 990; Assembly Bill No. 466, Amendment No. 910; Assembly Bill No. 468, Amendment No. 981; Assembly Bill No. 469, Amendment No. 982; Assembly Bill No. 550, Amendment No. 844; Assembly Bill No. 574, Amendment No. 900; Assembly Bill No. 581, Amendment No. 901; Assembly Bill No. 650, Amendment Nos. 989, 1032; Assembly Bill No. 653, Amendment No. 926, and respectfully requests your honorable body to concur in said amendments.

Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bills Nos. 232, 241, 427, 477, 577.

Also, I have the honor to inform your honorable body that the Senate on this day concurred in the Assembly Amendment No. 739 to Senate Bill No. 51; Assembly Amendment No. 878 to Senate Bill No. 113; Assembly Amendment No. 879 to Senate Bill No. 236; Assembly Amendment No. 988 to Senate Bill No. 502.

Also, I have the honor to inform your honorable body that the Senate on this day respectfully refused to concur in the Assembly Amendment No. 884 to Senate Bill No. 116.

Mary Jo Mongelli

Assistant Secretary of the Senate

MOTIONS, RESOLUTIONS AND NOTICES

Notice Of Exemption

May 26, 2001

The Fiscal Analysis Division, pursuant to Joint Standing Rule 14.6, has determined the exemption of: Assembly Bill No. 4.

Also, the Fiscal Analysis Division, pursuant to Joint Standing Rule 14.6, has determined the exemption of: Assembly Bill No. 447.

Gary Ghiggeri

Fiscal Analysis Division

MOTIONS, RESOLUTIONS AND NOTICES

Assemblywoman Buckley moved that the reading of the history on Senate Bills upon Introduction be dispensed with for this legislative day.

Motion carried.

INTRODUCTION, FIRST READING AND REFERENCE

Senate Bill No. 232.

Assemblyman Parks moved that the bill be referred to the Committee on Judiciary.

Motion carried.

Senate Bill No. 241.

Assemblyman Parks moved that the bill be referred to the Committee on Judiciary.

Motion carried.

Senate Bill No. 427.

Assemblyman Parks moved that the bill be referred to the Committee on Ways and Means.

Motion carried.

Senate Bill No. 477.

Assemblyman Parks moved that the bill be referred to the Committee on Ways and Means.

Motion carried.

Senate Bill No. 577.

Assemblyman Parks moved that the bill be referred to the Committee on Judiciary.

Motion carried.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblywoman Buckley moved that the reading of histories on all Bills and Resolutions on the Second Reading File and the General File be dispensed with for this legislative day.

Motion carried.

Assemblywoman Buckley moved that Assembly Bills Nos. 115, 503, 504, 506, 514, 516, 520, 522, 523, 525, 526, be placed on the Second Reading File.

Motion carried.

SECOND READING AND AMENDMENT

Assembly Bill No. 115.

Bill read second time.

The following amendment was proposed by the Committee on Ways and Means:

Amendment No. 1100.

Amend the bill as a whole by deleting sections 1 through 5 and the text of the repealed section and adding new sections designated sections 1 through 4 and the text of the repealed section, following the enacting clause, to read as follows:

“Section 1. NRS 561.355 is hereby amended to read as follows:

561.355 1. The plant industry program is hereby established.

2. The following fees and money [shall] must be used in the plant industry program:

(a) Fees and money collected pursuant to the provisions of chapters 552, 555, 581, 582 and 587 of NRS.

(b) Laboratory fees collected for the diagnosis of infectious, contagious and parasitic diseases of bees, as authorized by NRS 561.305, and as are necessary pursuant to the provisions of chapter 552 of NRS.

(c) Laboratory fees collected for the diagnosis of infectious, contagious and destructive diseases of agricultural commodities, and infestations thereof by pests, as authorized by NRS 561.305, and as may be necessary [under] pursuant to the provisions of NRS 554.010 to 554.240, inclusive.

[(c)](d) Laboratory fees collected for the survey and identification of insect pests, plant diseases and noxious weeds, as authorized by NRS 561.305, and as may be necessary [under] pursuant to the provisions of NRS 555.010 to 555.249, inclusive.

[(d)](e) Laboratory fees collected for the testing of the purity and germinating power of agricultural seeds, as authorized by NRS 561.305, and as may be necessary [under] pursuant to the provisions of NRS 587.015 to 587.123, inclusive.

3. Expenditures for the plant industry program [shall] must be made only for the purposes of carrying out the provisions of this chapter and chapters 552, 554, 555, 581, 582 and 587 of NRS . [, and the provisions of this chapter.]

Sec. 2. NRS 552.300 is hereby amended to read as follows:

552.300 1. Upon presentation of satisfactory evidence by the state quarantine officer, the chief inspector or any deputy inspector of the violation of any of the provisions of this chapter, any district attorney shall, without delay, prosecute the person who has violated any of the provisions of this chapter.

2. The department may employ counsel to assist in the prosecution of any person charged with the violation of any of the provisions of this chapter and compensate the counsel so employed from the [apiary inspection account.]plant industry program.

Sec. 3. NRS 561.365 is hereby repealed.

Sec. 4. This act becomes effective on July 1, 2001.

TEXT OF REPEALED SECTION

561.365 Apiary inspection account.

1. The apiary inspection account is hereby created in the state general fund for the use of the department.

2. The following fees must be deposited in the apiary inspection account:

(a) Fees collected pursuant to the provisions of NRS 552.085 to 552.310, inclusive.

3. Expenditures from the apiary inspection account must be made only to carry out the provisions of this chapter and chapter 552 of NRS.”.

Amend the title of the bill to read as follows:

“AN ACT relating to the state department of agriculture; expanding the types of fees that must be used in the plant industry program and expanding the purposes for which expenditures for the plant industry program may be made; abolishing the apiary inspection account; and providing other matters properly relating thereto.”.

Assemblyman Dini moved the adoption of the amendment.

Remarks by Assemblyman Dini.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

Assembly Bill No. 503.

Bill read second time.

The following amendment was proposed by the Committee on Ways and Means:

Amendment No. 1095.

Amend section 1, page 1, line 2, by deleting “$18,320” and inserting “$15,867”.

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. 504.

Bill read second time.

The following amendment was proposed by the Committee on Ways and Means:

Amendment No. 1096.

Amend section 1, page 1, line 2, by deleting “$80,000” and inserting “$70,000”.

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. 506.

Bill read second time and ordered to third reading.

Assembly Bill No. 514.

Bill read second time.

The following amendment was proposed by the Committee on Ways and Means:

Amendment No. 1103.

Amend the bill as a whole by deleting sections 1 and 2, renumbering sec. 3 as sec. 2 and adding a new section designated section 1, following the enacting clause, to read as follows:

“Section 1. 1. There is hereby appropriated from the state general fund to the Interim Finance Committee the sum of $500,000 for allocation to the Department of Human Resources for the costs of developing and converting to an electronic application process for the Nevada Check Up program and Medicaid assistance.

2. The Department of Human Resources may submit a request to the Interim Finance Committee for the allocation of all or any part of the money appropriated by subsection 1 at any time. Any such request must include a plan for the development of and conversion to the new electronic application process, in addition to a description of the proposed new process.

3. Upon receipt of a request from the Department of Human Resources for the allocation of money appropriated by subsection 1, the Interim Finance Committee shall consider the request and may require any additional information that it determines is necessary to make a final decision.

4. Upon considering a request submitted by the Department of Human Resources, and any additional information requested, the Interim Finance Committee shall determine whether to allocate all or any portion of the money appropriated by subsection 1. The Interim Finance Committee is not required to approve the entire funding in any request or to allocate the entire amount appropriated. If the Interim Finance Committee makes an allocation of money pursuant to this section, it shall require such documentation and reporting as it deems necessary. Any change from the plans for the development of or conversion to the new process that were submitted with the request for the allocation must be approved by the Interim Finance Committee before money is committed for expenditure on the portion that is changed.

5. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.”.

Amend the title of the bill, first line, after “the” by inserting:

“Interim Finance Committee for allocation to the”.

Amend the summary of the bill to read as follows:

“SUMMARY—Makes appropriation to Interim Finance Committee for allocation to Department of Human Resources for electronic application process for Nevada Check Up program and Medicaid assistance. (BDR S‑1409)”.

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. 516.

Bill read second time and ordered to third reading.

Assembly Bill No. 520.

Bill read second time.

The following amendment was proposed by the Committee on Ways and Means:

Amendment No. 1102.

Amend section 1, page 1, by deleting lines 2 and 3 and inserting:

“the Department of Education the sum of $75,000 for distribution of a grant of money to the Governor’s Advisory Council on Education Relating to the Holocaust created by NRS 233G.020 for carrying out the duties of the Council and continuing its educational programs.”.

Amend the title of the bill to read as follows:

“AN ACT making an appropriation to the Department of Education for distribution of a grant of money to the Governor’s Advisory Council on Education Relating to the Holocaust for carrying out the duties of the Council and continuing its educational programs; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Makes appropriation to Department of Education for distribution of grant of money to Governor’s Advisory Council on Education Relating to the Holocaust for carrying out duties of Council and continuing its educational programs. (BDR S‑1434)”.

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. 522.

Bill read second time and ordered to third reading.

Assembly Bill No. 523.

Bill read second time.

The following amendment was proposed by the Committee on Ways and Means:

Amendment No. 1097.

Amend section 1, page 1, line 1, by deleting “There” and inserting “1. There”.

Amend section 1, page 1, line 3, by deleting “$2,046,227” and inserting “$1,749,874”.

Amend section 1, page 1, between lines 3 and 4, by inserting:

“2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.”.

Amend the bill as a whole by deleting sec. 2, renumbering sec. 3 as sec. 4 and adding new sections designated sections 2 and 3, following section 1, to read as follows:

“Sec. 2. 1. There is hereby appropriated from the state general fund to the Investigation Division of the Department of Motor Vehicles and Public Safety the sum of $274,012 for the purchase of motor vehicles.

2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.

Sec. 3. 1. There is hereby appropriated from the state highway fund to the Investigation Division of the Department of Motor Vehicles and Public Safety the sum of $22,341 for the purchase of a motor vehicle.

2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2003, and reverts to the state highway fund as soon as all payments of money committed have been made.”.

Amend the title of the bill to read as follows;

“AN ACT making appropriations to the Motor Pool Division of the Department of Administration and the Investigation Division of the Department of Motor Vehicles and Public Safety for the purchase of additional vehicles; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Makes appropriations to Motor Pool Division of Department of Administration and Investigation Division of Department of Motor Vehicles and Public Safety for purchase of additional vehicles. (BDR S‑1357)”.

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. 525.

Bill read second time.

The following amendment was proposed by the Committee on Ways and Means:

Amendment No. 1098.

Amend section 1, page 1, line 2, by deleting “$511,598” and inserting “$395,028”.

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. 526.

Bill read second time.

The following amendment was proposed by the Committee on Ways and Means:

Amendment No. 1099.

Amend section 1, page 1, line 2, by deleting “$545,726” and inserting “$454,173”.

Assemblywoman Giunchigliani moved the adoption of the amendment.

Remarks by Assemblywoman Giunchigliani.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Mr. Speaker pro Tempore announced if there were no objections, the Assembly would recess subject to the call of the Chair.

Assembly in recess at 12:22 p.m.

ASSEMBLY IN SESSION

At 12:23 p.m.

Mr. Speaker presiding.

Quorum present.

UNFINISHED BUSINESS

Consideration of Senate Amendments

Assembly Bill No. 653.

The following Senate amendment was read:

Amendment No. 926.

Amend section 1, page 1, by deleting line 14 and inserting:

“the preceding fiscal year , minus any excess amount allocated pursuant to subsection 4 of NRS 360.690, multiplied by one plus the percentage change in the Consumer Price Index (All Items) for the year ending on December 31 immediately preceding the year in which the allocation is made.”.

Amend section 1, page 1, by deleting lines 18 through 21 and inserting:

“district for the preceding fiscal year multiplied by one plus the percentage change in the Consumer Price Index (All Items) for the year ending on December 31 immediately preceding the year in which the allocation is made.”.

Amend sec. 2, page 2, line 32, by deleting “[one plus]” and inserting:

“[one] 0.75 plus”.

Amend sec. 2, page 2, line 33, by deleting “Percentage” and inserting:

“[Percentage] Average percentage of”.

Amend sec. 2, page 2, line 34, after “is” by inserting:

“made and the 4 fiscal years immediately preceding the year in which the allocation is”.

Amend sec. 2, page 3, line 5, by deleting “[one plus]” and inserting:

“[one] 0.75 plus”.

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. NRS 360.690 is hereby amended to read as follows:

360.690 1. Except as otherwise provided in NRS 360.730, the executive director shall estimate monthly the amount each local government, special district and enterprise district will receive from the account pursuant to the provisions of this section.

2. The executive director shall establish a base monthly allocation for each local government, special district and enterprise district by dividing the amount determined pursuant to NRS 360.680 for each local government, special district and enterprise district by 12 and the state treasurer shall, except as otherwise provided in subsections 3 to 6, inclusive, remit monthly that amount to each local government, special district and enterprise district.

3. If, after making the allocation to each enterprise district for the month, the executive director determines there is not sufficient money available in the county’s subaccount in the account to allocate to each local government and special district the base monthly allocation determined pursuant to subsection 2, he shall prorate the money in the county’s subaccount and allocate to each local government and special district an amount equal to the percentage of the amount that the local government or special district received from the total amount which was distributed to all local governments and special districts within the county for the fiscal year immediately preceding the year in which the allocation is made. The state treasurer shall remit that amount to the local government or special district.

4. In a county whose population is 400,000 or more, except as otherwise provided in subsection 6, if the executive director determines that there is money remaining in the county’s subaccount in the account after the base monthly allocation determined pursuant to subsection 2 has been allocated to each local government, special district and enterprise district, he shall immediately determine and allocate each:

(a) Local government’s share of the remaining money by:

(1) Multiplying one-twelfth of the amount allocated pursuant to NRS 360.680 by [0.75] 0.5 plus the sum of the:

(I) Average percentage of change in the population of the local government for the fiscal year immediately preceding the year in which the allocation is made and the 4 fiscal years immediately preceding the year in which the allocation is made, as certified by the governor pursuant to NRS 360.285 except as otherwise provided in subsection 7; and

(II) Average percentage of change in the assessed valuation of the taxable property in the local government, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the year in which the allocation is made, as projected by the department pursuant to NRS 361.390, and the 4 fiscal years immediately preceding the year in which the allocation is made; and

(2) Using the figure calculated pursuant to subparagraph (1) to calculate and allocate to each local government an amount equal to the proportion that the figure calculated pursuant to subparagraph (1) bears to the total amount of the figures calculated pursuant to subparagraph (1) of this paragraph and subparagraph (1) of paragraph (b), respectively, for the local governments and special districts located in the same county multiplied by the total amount available in the subaccount; and

(b) Special district’s share of the remaining money by:

(1) Multiplying one-twelfth of the amount allocated pursuant to NRS 360.680 by [0.75] 0.5 plus the average change in the assessed valuation of the taxable property in the special district, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the 5 fiscal years immediately preceding the year in which the allocation is made; and

(2) Using the figure calculated pursuant to subparagraph (1) to calculate and allocate to each special district an amount equal to the proportion that the figure calculated pursuant to subparagraph (1) bears to the total amount of the figures calculated pursuant to subparagraph (1) of this paragraph and subparagraph (1) of paragraph (a), respectively, for the local governments and special districts located in the same county multiplied by the total amount available in the subaccount.

The state treasurer shall remit the amount allocated to each local government or special district pursuant to this subsection.

5. In a county whose population is less than 400,000, except as otherwise provided in subsection 6, if the executive director determines that there is money remaining in the county’s subaccount in the account after the base monthly allocation determined pursuant to subsection 2 has been allocated to each local government, special district and enterprise district, he shall immediately determine and allocate each:

(a) Local government’s share of the remaining money by:

(1) Multiplying one-twelfth of the amount allocated pursuant to NRS 360.680 by one plus the sum of the:

(I) Percentage change in the population of the local government for the fiscal year immediately preceding the year in which the allocation is made, as certified by the governor pursuant to NRS 360.285 except as otherwise provided in subsection 7;

(b) Special district’s share of the remaining money by:

(1) Multiplying one-twelfth of the amount allocated pursuant to NRS 360.680 by one plus the average change in the assessed valuation of the taxable property in the special district, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the 5 fiscal years immediately preceding the year in which the allocation is made; and

The state treasurer shall remit the amount allocated to each local government or special district.

6. The executive director shall not allocate any amount to a local government or special district pursuant to subsection 4 or 5, as applicable, unless the amount distributed and allocated to each of the local governments and special districts in the county in each preceding month of the fiscal year in which the allocation is to be made was at least equal to the base monthly allocation determined pursuant to subsection 2. If the amounts distributed to the local governments and special districts in the county for the preceding months of the fiscal year in which the allocation is to be made were less than the base monthly allocation determined pursuant to subsection 2 and the executive director determines there is money remaining in the county’s subaccount in the account after the distribution for the month has been made, he shall:

(a) Determine the amount by which the base monthly allocations determined pursuant to subsection 2 for each local government and special district in the county for the preceding months of the fiscal year in which the allocation is to be made exceeds the amounts actually received by the local governments and special districts in the county for the same period; and

(b) Compare the amount determined pursuant to paragraph (a) to the amount of money remaining in the county’s subaccount in the account to determine which amount is greater.

If the executive director determines that the amount determined pursuant to paragraph (a) is greater, he shall allocate the money remaining in the county’s subaccount in the account pursuant to the provisions of subsection 3. If the executive director determines that the amount of money remaining in the county’s subaccount in the account is greater, he shall first allocate the money necessary for each local government and special district to receive the base monthly allocation determined pursuant to subsection 2 and the state treasurer shall remit that money so allocated. The executive director shall allocate any additional money in the county’s subaccount in the account pursuant to the provisions of subsection 4 or 5, as applicable.

7. The percentage change calculated pursuant to paragraph (a) of subsection 4 or paragraph (a) of subsection 5 must:

(a) If the Bureau of the Census of the United States Department of Commerce issues population totals that conflict with the totals certified by the governor pursuant to NRS 360.285, be an estimate of the change in population for the calendar year, based upon the population totals issued by the Bureau of the Census.

(b) If a new method of determining population is established pursuant to NRS 360.283, be adjusted in a manner that will result in the percentage change being based on population determined pursuant to the new method for both the fiscal year in which the allocation is made and the fiscal year immediately preceding the year in which the allocation is made.

8. On or before February 15 of each year, the executive director shall provide to each local government, special district and enterprise district a preliminary estimate of the revenue it will receive from the account for that fiscal year.

9. On or before March 15 of each year, the executive director shall:

(a) Make an estimate of the receipts from each tax included in the account on an accrual basis for the next fiscal year in accordance with generally accepted accounting principles, including an estimate for each county of the receipts from each tax included in the account; and

(b) Provide to each local government, special district and enterprise district an estimate of the amount that local government, special district or enterprise district would receive based upon the estimate made pursuant to paragraph (a) and calculated pursuant to the provisions of this section.

10. A local government, special district or enterprise district may use the estimate provided by the executive director pursuant to subsection 9 in the preparation of its budget.”.

Amend the bill as a whole by adding a new section, designated sec. 4.5, following sec. 4, to read as follows:

“Sec. 4.5. Section 9 of chapter 661, Statutes of Nevada 1997, at page 3309, is hereby amended to read as follows:

Sec. 9. This act becomes effective on July 1, 1997, and expires by limitation on July 1, [2001.] 2003.”.

Amend the bill as a whole by deleting sec. 5 and adding:

“Sec. 5. (Deleted by amendment.)”.

Amend sec. 6, page 7, line 24, by deleting “5” and inserting “2.5”.

Amend the bill as a whole by adding a new section, designated sec. 6.5, following sec. 6, to read as follows:

“Sec. 6.5. The advisory committee to the legislative committee to study the distribution among local governments of revenue from state and local taxes created pursuant to subsection 2 of NRS 218.53881 shall conduct a study of the effects of the formula for the distribution of certain revenues among local governments set forth in NRS 360.600 to 360.740, inclusive, and the amendatory provisions of this act. The advisory committee shall report its findings to the legislative committee to study the distribution among local governments of revenue from state and local taxes on or before October 1, 2002.”.

Amend sec. 7, page 7, line 26, by deleting:

“sections 5 and 6” and inserting “section 6”.

Amend sec. 8, page 7, by deleting lines 34 and 35 and inserting:

“2. Sections 1, 2, 3 to 5, inclusive, and 6.5 of this act become effective on July 1, 2001.

3. Section 2.5 of this act becomes effective on July 1, 2003.”.

Amend the title of the bill, third line, after “governments;” by inserting:

“extending the date for expiration of the legislative committee to study distribution among local governments of revenue from state and local taxes; requiring the advisory committee to the committee to conduct a study;”.

Assemblyman Goldwater moved that the Assembly do not concur in the Senate amendment to Assembly Bill No. 653.

Remarks by Assemblyman Goldwater.

Motion carried.

Bill ordered transmitted to the Senate.

Assembly Bill No. 395.

The following Senate amendment was read:

Amendment No. 818.

Amend sec. 2, page 3, by deleting lines 19 through 47 and inserting:

“1. “Administrator” means the administrator of the health division.

2. “Alcohol and drug abuse program” means a project concerned with education, prevention and treatment directed toward achieving the mental and physical restoration of alcohol and drug abusers.

3. “Alcohol and drug abuser” means a person whose consumption of alcohol or other drugs, or any combination thereof, interferes with or adversely affects his ability to function socially or economically.

4. “Alcoholic” means any person who habitually uses alcoholic beverages to the extent that he endangers the health, safety or welfare of himself or any other person or group of persons.

5. “Board” means the state board of health.

6. “Civil protective custody” means a custodial placement of a person to protect his health or safety. Civil protective custody does not have any criminal implication.

7. “Detoxification technician” means a person who is certified by the health division to provide screening for the safe withdrawal from alcohol and other drugs.

8. “Facility” means a physical structure used for the education, prevention and treatment, including mental and physical restoration, of alcohol and drug abusers.

9. “Halfway house for recovering alcohol and drug abusers” means a residence that provides housing and a living environment for alcohol and drug abusers and is operated to facilitate their reintegration into the community, but does not provide treatment for alcohol or drug abuse. The term does not include a facility for the treatment of abuse of alcohol or drugs as defined in NRS 449.00455.

10. “Health division” means the health division of the department of human resources.”.

Amend sec. 3, pages 4 and 5, by deleting lines 2 through 47 on page 4 and lines 1 through 3 on page 5, and inserting:

“458.025 The health division:

1. Shall formulate and operate a comprehensive state plan for alcohol and drug abuse programs which must include:

(a) A survey of the need for prevention and treatment of alcohol and drug abuse, including a survey of the facilities needed to provide services and a plan for the development and distribution of services and programs throughout this state.

(b) A plan for programs to educate the public in the problems of the abuse of alcohol and other drugs.

(c) A survey of the need for persons who have professional training in fields of health and other persons involved in the prevention of alcohol and drug abuse and in the treatment and recovery of alcohol and drug abusers, and a plan to provide the necessary treatment.

In developing and revising the state plan, the health division shall consider, without limitation, the amount of money available from the Federal Government for alcohol and drug abuse programs and the conditions attached to the acceptance of that money, and the limitations of legislative appropriations for alcohol and drug abuse programs.

2. Shall coordinate the efforts to carry out the state plan and coordinate all state and federal financial support of alcohol and drug abuse programs in this state.

3. Must be consulted in the planning of projects and advised of all applications for grants from within this state which are concerned with alcohol and drug abuse programs, and shall review the applications and advise the applicants concerning the applications.

4. Shall certify or deny certification of any halfway houses for recovering alcohol and drug abusers, detoxification technicians or any facilities or programs on the basis of the standardsestablished by the board pursuant to this section, and publish a list of certified halfway houses for recovering alcohol and drug abusers, detoxification technicians, facilities and programs. Any halfway houses for recovering alcohol and drug abusers, detoxification technicians, facilities or programs which are not certified are ineligible to receive state and federal money for alcohol and drug abuse programs. The board shall adopt regulations. The regulations:

(a) Must prescribe the standards for certification of halfway houses for recovering alcohol and drug abusers, facilities and programs;

(b) Must prescribe the requirements for continuing education for persons certified as detoxification technicians; and

(c) May prescribe the fees for the certification of halfway houses for recovering alcohol and drug abusers, detoxification technicians, facilities or programs. A fee prescribed pursuant to this paragraph must be calculated to produce the revenue estimated to cover the costs related to the certifications, but in no case may a fee for a certificate exceed the actual cost to the health division of issuing the certificate.

5. Upon request from a facility which is self-supported, may certify the facility, its programs and detoxification technicians and add them to the list described in subsection 4.”.

Amend sec. 4, page 5, by deleting lines 7 through 18 and inserting:

S

“house for recovering alcohol and drug abusers must submit to the health division the statement prescribed by the welfare division of the department of human resources pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

2. The health division shall include the statement required pursuant to subsection 1 in:

(a) The application or any other forms that must be submitted for the issuance or renewal of the certification; or

(b) A separate form prescribed by the health division.

3. The certification of a person as a detoxification technician or as the operator of a halfway house for recovering alcohol and drug abusers may not be issued or renewed by the health division if the applicant:”.

Amend sec. 4, page 5, line 30, by deleting “director” and inserting “administrator”.

Amend sec. 5, page 5, by deleting lines 35 through 49 and inserting:

“458.027 1. If the health divisionreceives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who has been certified as a detoxification technician or as the operator of a halfway house for recovering alcohol and drug abusers, the health division shall deem the certification to be suspended at the end of the 30th day after the date on which the court order was issued unless the health division receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person who has been certified stating that the person has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

2. The health division shall reinstate the certification of a person as a detoxification technician or as the operator of a halfway house for recovering alcohol and drug abusers that has been suspended by a district court pursuant to NRS 425.540 if the health division receives a letter issued by the”.

Amend sec. 7, page 6, by deleting line 13 and inserting:

“the health division.”.

Amend sec. 7, page 6, line 15, by deleting “bureau” and inserting “health division”.

Amend sec. 8, page 6, line 18, by deleting “bureau” and inserting “health division”.

Amend sec. 8, page 6, line 19, by deleting “first”.

Amend sec. 9, page 6, line 23, by deleting “bureau” and inserting “health division”.

Amend sec. 9, page 6, by deleting line 36 and inserting “board.”.

Amend sec. 10, page 6, by deleting line 41 and inserting:

“standard or regulation adopted by the board, the health division may:”.

Amend sec. 10, page 6, line 47, by deleting “bureau” and inserting “health division”.

Amend sec. 10, page 7, line 8, by deleting “bureau” and inserting “health division”.

Amend sec. 11, page 7, line 11, by deleting “bureau” and inserting “health division”.

Amend sec. 11, page 7, line 15, by deleting “therefor;” and inserting:

“therefor from the health division;”.

Amend sec. 11, page 7, by deleting line 17 and inserting “health division.”.

Amend sec. 12, page 7, line 24, by deleting “bureau,” and inserting “health division,”.

Assemblyman Bache moved that the Assembly concur in the Senate amendment to Assembly Bill No. 395.

Remarks by Assemblyman Bache.

Motion carried by a constitutional majority.

Bill ordered to enrollment.

Assembly Bill No. 650.

The following Senate amendment was read:

Amendment No. 989.

Amend the bill as a whole by deleting sec. 2 and adding:

“Sec. 2. (Deleted by amendment.)”.

Amend sec. 4, page 3, line 4, after “as” by inserting “otherwise”.

Amend sec. 4, page 3, by deleting lines 16 through 20 and inserting:

“be deemed to be or treated as a penal institution.

4. Except as otherwise provided in this subsection, a detention home built and maintained under this chapter must not adjoin, be located on the same grounds as, or share common facilities or common grounds with a prison, an adult jail or an adult lockup. If a detention home built and maintained under this chapter complies with the provisions of 28 C.F.R. § 31.303 relating to collocated facilities, the detention home may adjoin, be located on the same grounds as, or share common facilities or common grounds with an adult jail or an adult lockup.

5. In addition to detention homes, a county may provide and maintain”.

Amend sec. 26, page 19, by deleting lines 12 through 18 and inserting:

“the county clerk pursuant to subsection 4, appoint two committees. Except as otherwise provided in subsection 2, one committee must be composed of three persons who favor approval by the voters of the initiative, referendum or other question and the other committee must be composed of three persons who oppose approval by the voters of the initiative, referendum or other question.

2. If, after consulting with the county clerk pursuant to subsection 4, the board is unable to appoint three persons who are willing to serve on a committee, the board may appoint fewer than three persons to that committee, but the board must appoint at least one person to each committee appointed pursuant to this section.

3. With respect to a committee appointed pursuant to this section:

(a) A person may not serve simultaneously on the committee that favors approval by the voters of an initiative, referendum or other question and the committee that opposes approval by the voters of that initiative, referendum or other question.

(b) Members of the committee serve without compensation.

Amend sec. 26, page 19, by deleting line 20 and inserting:

“4. Before the board appoints a committee pursuant to [subsection 1,] this section, the”.

Amend sec. 26, page 19, line 29, by deleting “3.” and inserting “5.”.

Amend sec. 26, page 19, line 30, by deleting:

“by subsection 1,” and inserting:

“pursuant to this section,”.

Amend sec. 26, page 19, line 32, by deleting “4.” and inserting “6.”.

Amend sec. 26, page 19, by deleting lines 37 through 42 and inserting:

“(d) Shall, based on whether the members were appointed to advocate or oppose approval by the voters of the initiative, referendum or other question, prepare an argument either advocating or opposing approval by the voters of the initiative, referendum or other question;

(e) Shall prepare a rebuttal to the argument prepared by the other committee appointed pursuant to this section; and”.

Amend sec. 26, page 19, line 43, by deleting:

“arguments and rebuttals” and inserting:

“argument and rebuttal”.

Amend sec. 26, page 19, line 45, by deleting “5.” and inserting “7.”.

Amend sec. 26, page 19, line 46, by deleting “5.” and inserting “7.”.

Amend sec. 26, page 20, line 3, by deleting “6.” and inserting “8.”.

Amend sec. 26, page 20, by deleting lines 4 and 5 and inserting:

“section, the county clerk:

(a) May consult with persons who are generally recognized by a national or statewide organization as having expertise in the field or area to which the initiative, referendum or other question pertains; and

(b) Shall reject each statement in the argument or rebuttal that he believes is libelous or factually inaccurate.

Not later than 5”.

Amend sec. 26, page 20, line 14, by deleting “7.” and inserting “9.”.

Amend sec. 26, page 20, line 17, by deleting “6.” and inserting “8.”.

Amend sec. 26, page 20, line 21, by deleting “8.” and inserting “10.”.

Amend sec. 26, page 20, line 22, by deleting:

“a committee pursuant to subsection 1.” and inserting:

“committees pursuant to this section.”.

Amend sec. 26, page 20, line 23, by deleting “a committee,” and inserting:

“committees pursuant to this section,”.

Amend sec. 26, page 20, line 24, by deleting “5.” and inserting “7.”.

Amend sec. 27, page 20, line 29, by deleting “clerk,” and inserting “clerk”.

Amend sec. 27, page 20, by deleting lines 30 through 35 and inserting:

“subsection 4, appoint two committees. Except as otherwise provided in subsection 2, one committee must be composed of three persons who favor approval by the voters of the initiative, referendum or other question and the other committee must be composed of three persons who oppose approval by the voters of the initiative, referendum or other question.

2. If, after consulting with the city clerk pursuant to subsection 4, the council is unable to appoint three persons willing to serve on a committee, the council may appoint fewer than three persons to that committee, but the council must appoint at least one person to each committee appointed pursuant to this section.

3. With respect to a committee appointed pursuant to this section:

(b) Members of the committee serve without compensation.

Amend sec. 27, page 20, by deleting line 38 and inserting:

“4. Before the council appoints a committee pursuant to this section,”.

Amend sec. 27, page 20, line 47, by deleting “3.” and inserting “5.”.

Amend sec. 27, page 20, line 48, by deleting:

“by subsection 1,” and inserting:

“pursuant to this section,”.

Amend sec. 27, page 21, line 1, by deleting “4.” and inserting “6.”.

Amend sec. 27, page 21, by deleting lines 6 through 11 and inserting:

(e) Shall prepare a rebuttal to the argument prepared by the other committee appointed pursuant to this section; and”.

Amend sec. 27, page 21, line 12, by deleting:

“arguments and rebuttals” and inserting:

“argument and rebuttal”.

Amend sec. 27, page 21, line 14, by deleting “5.” and inserting “7.”.

Amend sec. 27, page 21, line 15, by deleting “5.” and inserting “7.”.

Amend sec. 27, page 21, line 21, by deleting “6.” and inserting “8.”.

Amend sec. 27, page 21, by deleting lines 22 and 23 and inserting:

“section, the city clerk:

(b) Shall reject each statement in the argument or rebuttal that he believes is libelous or factually inaccurate.

Not later than 5 days”.

Amend sec. 27, page 21, line 31, by deleting “7.” and inserting “9.”.

Amend sec. 27, page 21, line 34, by deleting “6.” and inserting “8.”.

Amend sec. 27, page 21, line 38, by deleting “8.” and inserting “10.”.

Amend sec. 27, page 21, line 39, by deleting:

“a committee pursuant to subsection 1.” and inserting:

“committees pursuant to this section.”.

Amend sec. 27, page 21, line 40, by deleting “a committee,” and inserting:

“committees pursuant to this section,”.

Amend sec. 27, page 21, line 41, by deleting “5.” and inserting “7.”.

Amend the bill as a whole by renumbering sections 60 and 61 as sections 61 and 62 and adding a new section designated sec. 60, following sec. 59, to read as follows:

“Sec. 60. Section 12 of Assembly Bill No. 487 of this session is hereby amended to read as follows:

Sec. 12. NRS 283.040 is hereby amended to read as follows:

283.040 1. Every office becomes vacant upon the occurring of any of the following events before the expiration of the term:

(a) The death or resignation of the incumbent.

(b) The removal of the incumbent from office.

(d) A conviction of the incumbent of any felony or offense involving a violation of his official oath or bond or a violation of NRS 241.040, 293.1755 or 293C.200.

(e) A refusal or neglect of the person elected or appointed to take the oath of office, as prescribed in NRS 282.010, or, when a bond is required by law, his refusal or neglect to give the bond within the time prescribed by law.

(f) Except as otherwise provided in NRS 266.400, the ceasing of the incumbent to be an actual, as opposed to constructive, resident of the state, district, county, city, ward or other unit prescribed by law in which the duties of his office are to be exercised, or from which he was elected or appointed, or in which he was required to reside to be a candidate for office or appointed to office.

(g) The neglect or refusal of the incumbent to discharge the duties of his office for a period of 30 days, except when prevented by sickness or absence from the state or county, as provided by law. In a county whose population is less than 15,000, after an incumbent, other than a state officer, has been prevented by sickness from discharging the duties of his office for at least 6 months, the district attorney, either on his own volition or at the request of another person, may petition the district court to declare the office vacant. If the incumbent holds the office of district attorney, the attorney general, either on his own volition or at the request of another person, may petition the district court to declare the office vacant. The district court shall hold a hearing to determine whether to declare the office vacant and, in making its determination, shall consider evidence relating to:

(1) The medical condition of the incumbent;

(2) The extent to which illness, disease or physical weakness has rendered the incumbent unable to manage independently and perform the duties of his office; and

(3) The extent to which the absence of the incumbent has had a detrimental effect on the applicable governmental entity.

(h) The decision of a competent tribunal declaring the election or appointment void or the office vacant.

(i) A determination pursuant to section 2 or 8 of this act that the incumbent fails to meet any qualification required for the office.

2. Upon the happening of any of the events described in subsection 1, if the incumbent fails or refuses to relinquish his office, the attorney general shall, if the office is a state office or concerns more than one county, or the district attorney shall, if the office is a county office or concerns territory within one county, commence and prosecute, in a court of competent jurisdiction, any proceedings for judgment and decree declaring that office vacant.”.

Amend sec. 61, page 45, by deleting line 23 and inserting:

“Sec. 62. 1. This section and sections 1, 3, and 5 to 60, inclusive, of this act become effective on July 1, 2001.

2. Section 4 of this act becomes effective at 12:01 a.m. on July 1, 2001.”.

Assemblyman Bache moved that the Assembly concur in the Senate Amendment No. 989 to Assembly Bill No. 650.

Remarks by Assemblyman Bache.

Motion carried by a constitutional majority.

The following Senate amendment was read:

Amendment No. 1032.

Amend sec. 14, page 7, line 41, after “4.” by inserting:

“Before a building department issues a permit to place a manufactured home on a lot pursuant to this section, other than a new manufactured home, the owner must surrender the certificate of ownership to the manufactured housing division of the department of business and industry. The division shall provide proof of such a surrender to the owner who must submit that proof to the building department.

5.”.

Amend sec. 14, page 8, by deleting lines 1 and 2 and inserting:

“6. As used in this section:

(a) “Manufactured home” has the meaning ascribed to it in NRS 489.113.

(b) “New manufactured home” has the meaning ascribed to it in NRS 489.125.”.

Amend sec. 19, page 11, by deleting line 4 and inserting:

“final action shall, by an affirmative vote of a majority of all the members, approve,”.

Amend sec. 19, page 11, lines 45 and 46, by deleting:

“a majority vote of the members present,” and inserting:

“an affirmative vote of a majority of all the members,”.

Amend sec. 21, page 15, between lines 38 and 39, by inserting:

“12. A county recorder who records a final map pursuant to this section shall, within 7 working days after he records the final map, provide to the county assessor at no charge:

(a) A duplicate copy of the final map and any supporting documents; or

(b) Access to the digital final map and any digital supporting documents.”.

Amend sec. 48, page 38, line 18, by deleting “insurance” and inserting:

“insurance, the attorney general and the fraud control unit established pursuant to section 27 of Assembly Bill No. 135 of this [act] session”.

Amend sec. 62, page 46, line 12, by deleting:

“and 5 to 60,” and inserting:

“5 to 13, inclusive, 15 to 18, inclusive, 20 and 22 to 61,”

Amend sec. 62, page 46, line 14, by deleting: “Section 4” and inserting:

“Sections 4, 14, 19 and 21”.

Assemblyman Bache moved that the Assembly concur in the Senate Amendment No. 1032 to Assembly Bill No. 650.

Remarks by Assemblyman Bache.

Motion carried by a constitutional majority.

Bill ordered to enrollment.

Assembly Bill No. 428.

The following Senate amendment was read:

Amendment No. 990.

Amend the bill as a whole by renumbering sections 5 through 9 as sections 7 through 11 and adding new sections designated sections 5 and 6, following sec. 4, to read as follows:

“Sec. 5. NRS 341.060 is hereby amended to read as follows:

341.060 Within a reasonable time after the appointment of the members of the board, the board shall meet upon the call of the governor and shall organize and elect a chairman and vice chairman [.] from among the members appointed pursuant to NRS 341.020.

Sec. 6. NRS 341.070 is hereby amended to read as follows:

341.070 The board shall [adopt] :

1. Adopt such rules for the regulation of its proceedings and the transaction of its business as it deems proper.

2. Meet at least once every 3 months.”.

Amend the bill as a whole by renumbering sections 10 and 11 as sections 13 and 14 and adding a new section designated sec. 12, following sec. 9, to read as follows:

“Sec. 12. NRS 232.215 is hereby amended to read as follows:

232.215 The director:

1. Shall appoint a chief of the:

(a) Risk management division;

(b) Buildings and grounds division;

(d) State printing division;

(e) Administrative services division;

(f) Division of internal audits; and

(g) Motor pool division, if separately established.

2. Shall appoint a chief of the budget division, or may serve in this position if he has the qualifications required by NRS 353.175.

3. Shall serve as chief of the hearings division and shall appoint the hearing officers and compensation officers. The director may designate one of the appeals officers in the division to supervise the administrative, technical and procedural activities of the division.

4. [Shall serve as chairman of the state public works board.

5.] Is responsible for the administration, through the divisions of the department, of the provisions of chapters 331, 333, 336 and 344 of NRS, NRS 353.150 to 353.246, inclusive, and 353A.031 to 353A.100, inclusive, and all other provisions of law relating to the functions of the divisions of the department.

[6.] 5. Is responsible for the administration of the laws of this state relating to the negotiation and procurement of medical services and other benefits for state agencies.

[7.] 6. Has such other powers and duties as are provided by law.”.

Amend sec. 11, page 5, by deleting line 28 and inserting:

“Sec. 14. 1. This section and sections 1 to 9, inclusive, 11, 12 and 13 of”.

Amend sec. 11, page 5, line 30, by deleting “7” and inserting “9”.

Amend sec. 11, page 5, line 31, by deleting “8” and inserting “10”.

Amend the title of the bill, tenth line, after “professional;” by inserting:

“removing the provision requiring the director of the department of administration to serve as the chairman of the board; requiring the chairman of the board to be elected from among the appointed members of the board;”.

Assemblyman Bache moved that the Assembly concur in the Senate amendment to Assembly Bill No. 428.

Remarks by Assemblyman Bache.

Motion carried by a constitutional majority.

Bill ordered to enrollment.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblywoman Buckley moved that Assembly Concurrent Resolution No. 38 be placed on the Resolution File.

Motion carried.

UNFINISHED BUSINESS

Consideration of Senate Amendments

Assembly Bill No. 468.

The following Senate amendment was read:

Amendment No. 981.

Amend section 1, page 2, by deleting line 12 and inserting:

“4. A tax may not be imposed pursuant to this section on water that is”.

Assemblyman de Braga moved that the Assembly concur in the Senate amendment to Assembly Bill No. 468.

Remarks by Assemblyman de Braga.

Motion carried by a constitutional majority.

Bill ordered to enrollment.

Assembly Bill No. 469.

The following Senate amendment was read:

Amendment No. 982.

Amend section 1, page 1, line 2, by deleting “5,” and inserting “7,”.

Amend sec. 2, page 1, by deleting lines 3 through 5 and inserting:

“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 and 4 of this act have the meanings ascribed to them in those sections.”.

Amend the bill as a whole by renumbering sections 3 through 9 as sections 5 through 11 and adding new sections designated sec. 3 and sec. 4, following sec. 2, to read as follows:

“Sec. 3. “Division” means the division of wildlife of the state department of conservation and natural resources.

Sec. 4. “Interstate waters of the state” means waters forming the boundary between the State of Nevada and an adjoining state.”.

Amend sec. 3, page 1, line 8, after “any” by inserting “interstate”.

Amend sec. 3, page 2, line 12, after “the” by inserting “interstate”.

Amend sec. 3, page 2, line 16, after “any” by inserting “interstate”.

Amend sec. 3, page 2, line 38, after “motorboats” by inserting:

“for operation on the interstate waters of this state”.

Amend sec. 3, page 2, line 40, before “waters” by inserting “interstate”.

Amend sec. 3, page 3, line 4, after “the” by inserting “interstate”.

Amend sec. 3, page 3, line 9, after “motorboats” by inserting:

“for operation on the interstate waters of this state”.

Amend sec. 3, page 3, line 20, after “motorboats” by inserting:

“for operation on the interstate waters of this state”.

Amend sec. 5, page 3, line 44, by deleting “4” and inserting “6”.

Amend sec. 6, page 4, line 20, by deleting “3” and inserting “5”.

Amend sec. 7, page 4, line 48, after “the” by inserting “interstate”.

Amend sec. 7, page 5, line 2, after “Administrators.” by inserting:

“As used in this subsection, “interstate waters of this state” means waters forming the boundary between the State of Nevada and an adjoining state.”.

Amend sec. 8, page 5, line 3, by deleting “3” and inserting “5”.

Amend sec. 9, page 5, line 5, by deleting:

“1, 2, 4 and 8” and inserting:

“1 to 4, inclusive, 6 and 10”.

Amend sec. 9, page 5, line 7, by deleting “5” and inserting “7”.

Amend sec. 9, page 5, line 10, by deleting:

“3, 6 and 7” and inserting:

“5, 8 and 9”.

Amend the title of the bill, first line, after “motorboats” by inserting:

“on certain waters”.

Assemblyman de Braga moved that the Assembly concur in the Senate amendment to Assembly Bill No. 469.

Remarks by Assemblyman de Braga.

Motion carried by a constitutional majority.

Bill ordered to enrollment.

Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.

Assembly in recess at 12:40 p.m.

ASSEMBLY IN SESSION

At 1:51 p.m.

Mr. Speaker presiding.

Quorum present.

UNFINISHED BUSINESS

Consideration of Senate Amendments

Assembly Bill No. 27.

The following Senate amendment was read:

Amendment No. 902.

Amend section 1, page 1, line 19, by deleting “and”.

Amend section 1, page 1, line 20, by deleting “hats.” and inserting:

“hats;

(f) The supervising entity obtains written permission from the parents or guardians of the children; and

(g) The supervising entity obtains written permission from and complies with all safety rules of the governmental entity with authority over the controlled-access highway.”.

Amend section 1, page 2, line 10, by deleting “and”.

Amend section 1, page 2, line 11, by deleting “hats.” and inserting:

“hats;

(e) The supervising entity obtains written permission from the parents or guardians of the children; and

(f) The supervising entity obtains written permission from and complies with all safety rules of the governmental entity with authority over the highway.”.

Amend section 1, page 2, by deleting lines 12 through 15 and inserting:

“4. Upon the request of the parent or guardian of a child who is assigned to perform work or community service on or near a highway pursuant to subsection 2 or 3, the supervising entity shall make available to the parent or guardian of the child information regarding the nature of the work or community service to be performed by the child and the specific location at which the work or community service is to be performed.”.

Assemblyman Anderson moved that the Assembly concur in the Senate amendment to Assembly Bill No. 27.

Remarks by Assemblyman Anderson.

Motion carried by a constitutional majority.

Bill ordered to enrollment.

Assembly Bill No. 37.

The following Senate amendment was read:

Amendment No. 903.

Amend the bill as a whole by deleting section 1 and adding a new section designated section 1, following the enacting clause, to read as follows:

“Section 1. NRS 125B.070 is hereby amended to read as follows:

125B.070 1. As used in this section and NRS 125B.080, unless the context otherwise requires:

(a) “Gross monthly income” means the total amount of income received each month from any source of a [wage-earning employee] person who is not self-employed 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) “Obligation for support” means the sum certain dollar amount determined according to the following schedule:

(1) For one child, 18 percent;

(2) For two children, 25 percent;

(3) For three children, 29 percent;

(4) For four children, 31 percent; and

(5) For each additional child, an additional 2 percent,

of a parent’s gross monthly income, but not more than [$500] the presumptive maximum amount per month per child set forth for the parent in subsection 2 for an obligation for support determined pursuant to subparagraphs (1) to (4), inclusive, unless the court sets forth findings of fact as to the basis for a different amount pursuant to subsection 6 of NRS 125B.080.

2. [On or before January 18, 1993, and on or before the third Monday in January every 4 years thereafter, the State Bar of Nevada shall review the formulas set forth in this section to determine whether any modifications are advisable and report to the legislature their findings and any proposed amendments.] For the purposes of paragraph (b) of subsection 1, the presumptive maximum amount per month per child for an obligation for support, as adjusted pursuant to subsection 3, is:

PRESUMPTIVE MAXIMUM AMOUNT

The Presumptive Maximum Amount the

Parent May Be Required To Pay

Per Month Per Child Pursuant to Paragraph (b) of Subsection 1. Is

INCOME RANGE

If the Parent’s Gross

Monthly Income is At Least But Not

Greater Than

$0 - $4,167 $500

4,168 - 6,250 550

6,251 - 8,333 600

8,334 - 10,417 650

10,418 - 12,500 700

12,501 - 14,583 750

If a parent’s gross monthly income is greater than $14,583, the presumptive maximum amount the parent may be required to pay pursuant to paragraph (b) 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 July 1 of each year for the fiscal year beginning that day and ending June 30 in a rounded dollar 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 April 1 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 to take effect on July 1 of that year and notify each district court of the adjusted amounts.

4. As used in this section, “office of court administrator” means the office of court administrator created pursuant to NRS 1.320.”.

Amend sec. 2, page 3, lines 21 and 22, by deleting:

“gross annual income or”.

Amend sec. 2, page 3, by deleting line 28 and inserting:

“adjustment made pursuant to subsection 3 of NRS 125B.070 or”.

Amend sec. 2, page 4, line 15, before “responsibility” by inserting “legal”.

Amend the bill as a whole by adding a new section designated sec. 3, following sec. 2, to read as follows:

“Sec. 3. This act becomes effective on April 1, 2002, for the purpose of allowing the office of court administrator to adjust the presumptive maximum amount per month per child for an obligation for support pursuant to subsection 3 of NRS 125B.070, as amended by this act, and on July 1, 2002, for all other purposes.”.

Amend the title of the bill to read as follows:

“AN ACT relating to child support; increasing the presumptive 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; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Revises provisions governing presumptive maximum monthly amount that certain parents may be required to pay for support of their children. (BDR 11‑1051)”.

Assemblyman Anderson moved that the Assembly concur in the Senate amendment to Assembly Bill No. 37.

Remarks by Assemblyman Anderson.

Motion carried by a constitutional majority.

Bill ordered to enrollment.

Assembly Bill No. 82.

The following Senate amendment was read:

Amendment No. 904.

Amend section 1, page 1, after line 15, by inserting:

“3. A person who obtains an order pursuant to NRS 200.591 must not be charged any fee to have the order served in this state.”.

Amend the bill as a whole by adding a new section designated sec. 2, following section 1, to read as follows:

“Sec. 2. This act becomes effective upon passage and approval.”.

Amend the title of the bill, third line, after “party;” by inserting:

“making various other changes pertaining to such an order;”.

Assemblyman Anderson moved that the Assembly concur in the Senate amendment to Assembly Bill No. 82.

Remarks by Assemblyman Anderson.

Motion carried by a constitutional majority.

Bill ordered to enrollment.

Assembly Bill No. 417.

The following Senate amendment was read:

Amendment No. 908.

Amend section 1, page 1, by deleting lines 2 through 15 and inserting:

“48.061 [Evidence]

1. Except as otherwise provided in subsection 2, evidence of domestic violence [as defined in NRS 33.018] and expert testimony concerning the effect of domestic violence , including, without limitation, the effect of physical, emotional or mental abuse, on the beliefs, behavior and perception of the [person alleging] alleged victim of the domestic violence that is offered by the prosecution or defense is admissible in [chief and in rebuttal,] a criminal proceeding for any relevant purpose, including, without limitation, when determining:

[1.] (a) Whether a [person] defendant is excepted from criminal liability pursuant to subsection 7 of NRS 194.010, to show the state of mind of the defendant.

[2.] (b) Whether a [person] defendant in accordance with NRS 200.200 has killed another in self-defense, toward the establishment of the legal defense.

2. Expert testimony concerning the effect of domestic violence may not be offered against a defendant pursuant to subsection 1 to prove the occurrence of an act which forms the basis of a criminal charge against the defendant.

3. As used in this section, “domestic violence” means the commission of any act described in NRS 33.018.”.

Assemblyman Anderson moved that the Assembly concur in the Senate amendment to Assembly Bill No. 417.

Remarks by Assemblyman Anderson.

Motion carried by a constitutional majority.

Bill ordered to enrollment.

Assembly Bill No. 574.

The following Senate amendment was read:

Amendment No. 900.

Amend sec. 3, page 4, by deleting lines 17 and 18 and inserting:

“2. [Sections 1 to 10, inclusive,] Section 3 of this act [expire] expires by limitation on June 30, 2001.

3. Sections 1, 2 and 4 to 10, inclusive, of this act expire by limitation on June 30, 2003.”.

Assemblyman Anderson moved that the Assembly concur in the Senate amendment to Assembly Bill No. 574.

Remarks by Assemblyman Anderson.

Motion carried by a constitutional majority.

Bill ordered to enrollment.

Assembly Bill No. 305.

The following Senate amendment was read:

Amendment No. 912.

Amend section 1, page 1, line 4, after “of” by inserting:

“financial gain and the purpose of”.

Amend section 1, page 1, line 8, after “is” by inserting “nude and”.

Amend section 1, page 1, by deleting line 9 and inserting:

“expectation of privacy. For the purposes of this subsection:

(a) A male person is “nude” if any portion of the genitals or pubic area of the person is showing with less than a fully opaque covering.

(b) A female person is “nude” if any portion of the genitals, pubic area or breast of the person is showing with less than a fully opaque covering.

Assemblyman Anderson moved that the Assembly do not concur in the Senate amendment to Assembly Bill No. 305.

Remarks by Assemblyman Anderson.

Motion carried.

Bill ordered transmitted to the Senate.

Assembly Bill No. 466.

The following Senate amendment was read:

Amendment No. 910.

Amend sec. 2, page 3, line 16, by deleting:

“90 days. If within 90” and inserting:

“120 days. If within [90] 120”.

Amend sec. 2, page 3, line 42, by deleting “90-day” and inserting “[90-day] 120-day”.

Amend the bill as a whole by renumbering sections 3 and 4 as sections 8 and 9 and adding new sections designated sections 3 through 7, following sec. 2, to read as follows:

“Sec. 3. NRS 463A.010 is hereby amended to read as follows:

463A.010 The legislature finds and declares that:

1. The relationship which exists between a labor organization and the employees whom it represents or seeks to represent in collective bargaining is such that it may significantly affect the conduct of a gaming operation by an employer.

2. In the past, attempts have been made by persons whose background is not suitable for association with licensed gaming to gain positions of control in labor organizations representing or seeking to represent gaming casino employees in this state.

3. In order to carry out the declared policy of this state that licensed gaming be conducted freely and honestly, and in order to protect the welfare of the employees of the gaming industry which is fundamental to the economy of this state, it is necessary to determine the suitability of any person who performs or seeks to perform certain significant functions in the representation of gaming casino employees in this state.

Sec. 4. NRS 463A.020 is hereby amended to read as follows:

463A.020 As used in this chapter:

1. “Board” means the state gaming control board.

2. “Commission” means the Nevada gaming commission.

3. “Gaming casino employee” means any person employed directly or indirectly in the operation of a gaming establishment under a nonrestricted license, including:

(a) All personnel involved in the operation of a casino gaming pit, such as dealers, shills, clerks, hosts, junket representatives and the supervisors of such persons;

(b) All personnel involved in handling money, such as cashiers, change persons, count teams, coin wrappers and the supervisors of such persons;

(d) All personnel involved in operating and maintaining slot machines, such as mechanics, floormen, change and payoff persons and the supervisors of such persons;

(e) All personnel involved in security, such as guards, games observers and the supervisors of such persons;

(f) All personnel involved in the operation of a race or sports book, such as writers, boardmen, cashiers and the supervisors of such persons;

(g) All personnel involved in the operation of a pari-mutuel operation licensed under chapter 464 of NRS and any sporting event on which such pari-mutuel wagering is conducted; and

(h) Such other persons whose duties are similar to the classifications set forth in paragraphs (a) to (g), inclusive, as the commission may from time to time designate by regulation,

but does not include personnel whose duties are related solely to such nongaming activities as entertainment, hotel operation, maintenance and the preparation and serving of food and beverages.

4. “Labor organization” means an organization of any kind, or any agency or employee representation committee or plan, which exists for the purpose, in whole or in part, of dealing or seeking to deal with employers of gaming casino employees concerning grievances, labor disputes, wages, rates of pay, hours of employment or conditions of work of gaming casino employees.

Sec. 5. NRS 463A.030 is hereby amended to read as follows:

463A.030 1. [Every] Not later than the date on which a labor organization which represents or seeks to represent gaming casino employees in this state begins an organizational activity directed at a gaming casino employee, the labor organization shall file with the board a list of its personnel who:

(a) Adjust or seek to adjust grievances for, negotiate or administer the wages, hours, working conditions or conditions of employment of any gaming casino employee;

(b) Solicit, collect or receive or seek to solicit, collect or receive any dues, assessments, levies, fines, contributions or other charges within this state for or on behalf of the organization from gaming casino employees; or

(c) Act as officers, members of the governing body, business agents or in any other policymaking or supervisory position in the organization.

2. Each person listed shall file with the board his fingerprints and complete information in writing concerning his labor organization activities, prior performance of the same or similar functions, previous employment or occupational history, and criminal record if any, covering at least a 10-year period unless the board determines that a shorter period is appropriate.

3. The commission shall by regulation prescribe the frequency or circumstances or both with or under which the list [shall] must be revised.

4. The commission may by regulation prescribe:

(a) Any further information to be required concerning each person listed or each person performing a particular function.

(b) The addition of other personnel to the list whose duties significantly affect the conduct of a gaming operation.

5. In adopting regulations pursuant to this section, the commission shall proceed in the manner prescribed in chapter 463 of NRS.

6. For the purposes of this section, “organizational activity” includes, without limitation:

(a) Soliciting membership by direct personal contact;

(b) Distributing cards regarding interests or representation; and

Sec. 6. NRS 463A.050 is hereby amended to read as follows:

463A.050 1. To determine suitability under and compliance with the provisions of this chapter, the board may investigate any person whose name is listed by a labor organization or who it believes is performing or seeking to perform a function which requires listing. For this purpose , the board is vested with all of the powers which it possesses for the investigation of an applicant for or holder of a state gaming license, and may further make such examination as it reasonably deems necessary of the financial records of any labor organization for whom such a person is performing or seeking to perform such a function.

2. The cost of any investigation required by this section [shall] must be paid by the board from [moneys] money appropriated or authorized to be used for this purpose.

3. Whenever the board undertakes an investigation pursuant to this section, [it] the board shall employ or consult with some person who has a professional background in the field of labor relations. The same services may be retained to assist the commission upon any subsequent hearing of the matter.

4. The board shall, if appropriate, recommend to the commission that a person investigated be disqualified.

Sec. 7. NRS 463A.060 is hereby amended to read as follows:

463A.060 1. If the board recommends that a person be disqualified, the commission shall serve upon the person and the labor organization for which the person is performing his function [a notice, a] or seeking to perform that function:

(a) A notice;

(b) A statement of the reasons for the recommendation ; and [three]

2. The notice of defense must read substantially as follows:

NOTICE OF DEFENSE

Instructions to Respondents: Two copies of this form should be filed with the Nevada gaming commission, Carson City, Nevada, within 15 days after service upon you of the enclosed complaint. The form must be signed by you or on your behalf. You will note that blanks are provided for any information you wish to supply.

YesNo

1. Do you request a hearing? ¨ ¨

2. Do you admit the facts stated in the complaint? ¨ ¨

If you admit some of the facts stated in the complaint, but deny others, please specify:

(space for answer)

3. Are there any defenses or explanations which you believe the commission should consider? ¨ ¨

If so, please specify:

(space for answer)

4. Do you wish to state any legal objections to the complaint? ¨ ¨

If so, please specify:

(space for answer)

Note: If you fail to file two copies of this form as specified, the commission may proceed upon the complaint without a hearing.”.

Amend sec. 3, page 6, line 10, after “of” by inserting:

“sections 1 and 2 of”.

Amend sec. 4, page 6, line 20, by deleting “becomes” and inserting:

“and sections 3 to 7, inclusive, of this act become”.

Amend sec. 4, page 6, line 22, by deleting “3” and inserting “8”.

Amend the title of the bill, third line, after “permit;” by inserting:

“revising various provisions governing the listing, investigation and disqualification of personnel of a labor organization for gaming employees;”.

Amend the summary of the bill to read as follows:

“SUMMARY—Provides for issuance of statewide work permits for gaming employees and revises various provisions governing labor organizations for gaming employees. (BDR 41‑244)”.

Assemblyman Anderson moved that the Assembly do not concur in the Senate amendment to Assembly Bill No. 466.

Remarks by Assemblyman Anderson.

Motion carried.

Bill ordered transmitted to the Senate.

Assembly Bill No. 383.

The following Senate amendment was read:

Amendment No. 1039.

Amend section 1, page 1, line 5, by deleting “highway,” and inserting:

“highway within a county whose population is 100,000 or more,”.

Assemblywoman Chowning moved that the Assembly concur in the Senate amendment to Assembly Bill No. 383.

Remarks by Assemblywoman Chowning.

Motion carried by a constitutional majority.

Bill ordered to enrollment.

Recede From Assembly Amendments

Assemblywoman Koivisto moved that the Assembly do not recede from its action on Senate Bill No. 116, that a conference be requested, and that Mr. Speaker appoint a first Conference Committee consisting of three members to meet with a like committee of the Senate.

Remarks by Assemblywoman Koivisto.

Motion carried.

Appointment of Conference Committees

Mr. Speaker appointed Assemblymen Leslie, Manendo and Gibbons as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Senate Bill No. 116.

MOTIONS, RESOLUTIONS AND NOTICES

Assembly Concurrent Resolution No. 38.

Assemblyman Price moved the adoption of the resolution.

Remarks by Assemblyman Price.

Resolution adopted.

Assemblywoman Buckley moved that Senate Bill No. 299 be taken from the Chief Clerk's desk and placed on the General File.

Remarks by Assemblywoman Buckley.

Motion carried.

Assemblyman Williams moved that Senate Bill No. 543 be taken from the Chief Clerk's desk and placed on the General File.

Remarks by Assemblyman Williams.

Motion carried.

Assemblywoman Giunchigliani moved that Senate Bill No. 286 be taken from the Chief Clerk's desk and placed on the General File.

Remarks by Assemblywoman Giunchigliani.

Motion carried.

Assemblywoman Giunchigliani moved that Senate Bill No. 401 be taken from the Chief Clerk's desk and placed on the General File.

Remarks by Assemblywoman Giunchigliani.

Motion carried.

Assemblywoman Giunchigliani moved that Senate Bill No. 504 be taken from the Chief Clerk's desk and placed on the General File.

Remarks by Assemblywoman Giunchigliani.

Motion carried.

Assemblywoman Giunchigliani moved that Senate Bill No. 522 be taken from the Chief Clerk's desk and placed on the General File.

Remarks by Assemblywoman Giunchigliani.

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 2:10 p.m.

ASSEMBLY IN SESSION

At 2:15 p.m.

Mr. Speaker presiding.

Quorum present.

general file and third reading

Assembly Bill No. 187.

Bill read third time.

Roll call on Assembly Bill No. 187:

Yeas—41.

Nays—None.

Excused—Carpenter.

Assembly Bill No. 187 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Assembly Bill No. 189.

Bill read third time.

Roll call on Assembly Bill No. 189:

Yeas—41.

Nays—None.

Excused—Carpenter.

Assembly Bill No. 189 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Assembly Bill No. 311.

Bill read third time.

Roll call on Assembly Bill No. 311:

Yeas—39.

Nays—Angle, Gustavson—2.

Excused—Carpenter.

Assembly Bill No. 311 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Assembly Bill No. 507.

Bill read third time.

Roll call on Assembly Bill No. 507:

Yeas—41.

Nays—None.

Excused—Carpenter.

Assembly Bill No. 507 having received a constitutional majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

Assembly Bill No. 511.

Bill read third time.

Roll call on Assembly Bill No. 511:

Yeas—41.

Nays—None.

Excused—Carpenter.

Assembly Bill No. 511 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Assembly Bill No. 517.

Bill read third time.

Roll call on Assembly Bill No. 517:

Yeas—41.

Nays—None.

Excused—Carpenter.

Assembly Bill No. 517 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Assembly Bill No. 524.

Bill read third time.

Roll call on Assembly Bill No. 524:

Yeas—41.

Nays—None.

Excused—Carpenter.

Assembly Bill No. 524 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Assembly Bill No. 527.

Bill read third time.

Roll call on Assembly Bill No. 527:

Yeas—41.

Nays—None.

Excused—Carpenter.

Assembly Bill No. 527 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Dini moved that Senate Bill No. 216 be taken from the Chief Clerk's desk, to follow Assembly Bill No. 664 on the General File.

Remarks by Assemblyman Dini.

Motion carried.

general file and third reading

Assembly Bill No. 529.

Bill read third time.

Roll call on Assembly Bill No. 529:

Yeas—41.

Nays—None.

Excused—Carpenter.

Assembly Bill No. 529 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Assembly Bill No. 532.

Bill read third time.

Roll call on Assembly Bill No. 532:

Yeas—41.

Nays—None.

Excused—Carpenter.

Assembly Bill No. 532 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Assembly Bill No. 533.

Bill read third time.

Roll call on Assembly Bill No. 533:

Yeas—41.

Nays—None.

Excused—Carpenter.

Assembly Bill No. 533 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Assembly Bill No. 613.

Bill read third time.

Roll call on Assembly Bill No. 613:

Yeas—41.

Nays—None.

Excused—Carpenter.

Assembly Bill No. 613 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Assembly Bill No. 664.

Bill read third time.

Roll call on Assembly Bill No. 664:

Yeas—41.

Nays—None.

Excused—Carpenter.

Assembly Bill No. 664 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Senate Bill No. 216.

Bill read third time.

The following amendment was proposed by the Committee on Commerce and Labor:

Amendment No. 1114.

Amend sec. 4, page 2, by deleting line 45 and inserting:

“directly by the qualified employee or qualified officer of the contractor.”.

Amend sec. 4.5, page 2, line 46, by deleting “A” and inserting:

“Except as otherwise provided in section 5 of this act, a”.

Amend the bill as a whole by deleting sec. 5 and adding a new section designated sec. 5, following sec. 4.5, to read as follows:

“Sec. 5. 1. A contract for the repair, restoration, improvement or construction of a residential pool or spa, regardless of use, is not enforceable against the owner if the obtaining of a loan for all or a portion of the contract price is a condition precedent to the contract unless all of the following requirements are satisfied:

(a) A third-party agrees to make the loan or give the financing.

(b) The owner agrees to accept the loan or financing.

(c) The owner does not rescind the loan or financing transaction within the period prescribed for rescission pursuant to the Truth in Lending Act, 15 U.S.C. §§ 1601 et seq., or chapter 598 of NRS, if applicable.

2. Unless and until all applicable requirements of subsection 1 are satisfied, a contractor shall not:

(a) Perform or deliver any work, labor, material or services; or

(b) Represent in any manner that the contract is enforceable or that the owner has any obligation under the contract.

3. A contract for the repair, restoration, improvement or construction of a residential pool or spa, regardless of use, is not enforceable against the owner if the contractor provides a loan or gives financing for all or a portion of the contract price unless all of the following requirements are satisfied:

(a) The owner agrees to accept the loan or financing.

(b) The owner does not rescind the loan or financing transaction within the period prescribed for rescission pursuant to the Truth in Lending Act, 15 U.S.C. §§ 1601 et seq., or chapter 598 of NRS, if applicable.

4. Unless and until all applicable requirements of subsection 3 are satisfied, a contractor shall not:

(a) Perform or deliver any work, labor, material or services; or

(b) Represent in any manner that the contract is enforceable or that the owner has any obligation under the contract.

5. As used in this section, “third-party” means a bonding company, finance company, or any other corporation or business entity who cosigns, underwrites, obtains a deed of trust for, issues, sells, purchases or acquires a loan to finance the repair, restoration, improvement or construction of a residential pool or spa.”.

Amend sec. 9, page 6, by deleting line 8 and inserting:

“(k) [The] Except as otherwise provided in this subsection, the dollar amount of any progress”.

Amend sec. 9, page 6, by deleting lines 11 through 14 and inserting:

“under the contract. The schedule of payments must show the amount of each payment as a sum in dollars and cents. The schedule of payments must not provide for the contractor to”.

Amend sec. 9, page 6, line 17, after “except” by inserting:

“for an initial down payment”.

Amend sec. 9, page 6, lines 19 and 23, by deleting “payment schedule” and inserting:

“schedule of payments”.

Amend sec. 9, page 6, between lines 26 and 27, by inserting:

“The provisions of this paragraph do not apply if the contractor has furnished a bond for payment and performance covering full performance and completion of the contract and the cost of the bond is included in the price of the project.”.

Amend sec. 13, page 9, by deleting lines 9 and 10 and inserting:

“residential pool or spa, obtain:”.

Amend sec. 13, page 9, by deleting line 24 and inserting:

“bond for the period required by the board. The contractor shall furnish to the building department of the city or county, as applicable, in which the work will be carried out, a copy of any bond.”.

Amend the bill as a whole by deleting sections 13.3 and 13.7.

Amend sec. 16, page 11, line 35, by deleting:

“July 1, 1998.” and inserting:

“October 1, 1999.”.

Amend sec. 19, page 12, line 6, by deleting “13.3, 13.7,”.

Assemblyman Dini moved the adoption of the amendment.

Remarks by Assemblyman Dini.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

MESSAGES FROM THE Senate

Senate Chamber, Carson City, May 28, 2001

To the Honorable the Assembly:

I have the honor to inform your honorable body that the Senate on this day passed Senate Bill No. 450.

Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bills Nos. 184, 193, 207, 208, 321, 432, 435, 436, 437, 438, 439, 440, 441, 446, 455, 456, 457.

Mary Jo Mongelli

Assistant Secretary of the Senate

INTRODUCTION, FIRST READING AND REFERENCE

Senate Bill No. 184.

Assemblywoman Buckley moved that the bill be referred to the Committee on Judiciary.

Motion carried.

Senate Bill No. 193.

Assemblywoman Buckley moved that the bill be referred to the Committee on Ways and Means.

Motion carried.

Senate Bill No. 207.

Assemblywoman Buckley moved that the bill be referred to the Committee on Health and Human Services.

Motion carried.

Senate Bill No. 208.

Assemblywoman Buckley moved that the bill be referred to the Committee on Health and Human Services.

Motion carried.

Senate Bill No. 321.

Assemblywoman Buckley moved that the bill be referred to the Committee on Ways and Means.

Motion carried.

Senate Bill No. 432.

Assemblywoman Buckley moved that the bill be referred to the Committee on Ways and Means.

Motion carried.

Senate Bill No. 435.

Assemblywoman Buckley moved that the bill be referred to the Committee on Ways and Means.

Motion carried.

Senate Bill No. 436.

Assemblywoman Buckley moved that the bill be referred to the Committee on Ways and Means.

Motion carried.

Senate Bill No. 437.

Assemblywoman Buckley moved that the bill be referred to the Committee on Ways and Means.

Motion carried.

Senate Bill No. 438.

Assemblywoman Buckley moved that the bill be referred to the Committee on Ways and Means.

Motion carried.

Senate Bill No. 439.

Assemblywoman Buckley moved that the bill be referred to the Committee on Ways and Means.

Motion carried.

Senate Bill No. 440.

Assemblywoman Buckley moved that the bill be referred to the Committee on Ways and Means.

Motion carried.

Senate Bill No. 441.

Assemblywoman Buckley moved that the bill be referred to the Committee on Ways and Means.

Motion carried.

Senate Bill No. 446.

Assemblywoman Buckley moved that the bill be referred to the Committee on Ways and Means.

Motion carried.

Senate Bill No. 450.

Assemblywoman Buckley moved that the bill be referred to the Committee on Ways and Means.

Motion carried.

Senate Bill No. 455.

Assemblywoman Buckley moved that the bill be referred to the Committee on Ways and Means.

Motion carried.

Senate Bill No. 456.

Assemblywoman Buckley moved that the bill be referred to the Committee on Ways and Means.

Motion carried.

Senate Bill No. 457.

Assemblywoman Buckley moved that the bill be referred to the Committee on Ways and Means.

Motion carried.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblywoman Buckley moved that the action whereby Senate Bill No. 184 was referred to the Committee on Judiciary be rescinded.

Motion carried.

Assemblywoman Buckley moved that Senate Bill No. 184 be referred to the Committee on Ways and Means.

Motion carried.

Assemblywoman Buckley moved that the action whereby Senate Bill No. 193 was referred to the Committee on Ways and Means be rescinded.

Motion carried.

Assemblywoman Buckley moved that Senate Bill No. 193 be referred to the Committee on Judiciary.

Motion carried.

Assemblywoman Buckley moved that all rules be suspended and that all Assembly bills and joint resolutions passed this legislative day be immediately transmitted to the Senate.

Motion carried unanimously.

Assemblywoman Giunchigliani moved that Senate Bill No. 357 be taken from the Chief Clerk’s desk and placed at the top of the General File.

Remarks by Assemblywoman Giunchigliani.

Motion carried.

Assemblywoman de Braga moved that Senate Bill No. 536 be taken from the Chief Clerk’s desk and placed on the General File.

Remarks by Assemblywoman Giunchigliani.

Motion carried.

general file and third reading

Senate Bill No. 357.

Bill read second time.

The following amendment was proposed by Assemblymen Arberry, Bache, Beers, Brown, Buckley, Cegavske, Chowning, Claborn, Collins, Giunchigliani, Goldwater, Koivisto, Lee, McClain, Mortenson, Nolan, Oceguera, Ohrenschall, Parks, Perkins, Price, Tiffany and Williams:

Amendment No. 1135.

Amend the bill as a whole by deleting sec. 2, renumbering section 1 as sec. 2 and adding a new section designated section 1, following the enacting clause to read as follows:

“Section 1. Chapter 445B of NRS is hereby amended by adding thereto a new section to read as follows:

1. If the board of county commissioners of a county whose population is 400,000 or more determines that the imposition of an additional fee is necessary to carry out the program for the control of air pollution established pursuant to subsection 1 of NRS 445B.500, the board of county commissioners may impose on or before July 1, 2002, an additional fee not to exceed $3 for each form certifying emission control compliance to be collected in the manner set forth in NRS 445B.830.

2. If the board of county commissioners imposes an additional fee pursuant to subsection 1, the board of county commissioners shall propose to the registered voters of the county at the general election held in 2002 the question of whether to impose an additional fee not to exceed $6 for each form certifying emission control compliance. If a majority of the registered voters of the county do not approve the question, any fee imposed pursuant to subsection 1 must not be collected after December 1, 2002. If a majority of the registered voters of the county approve the question, the board of county commissioners may collect not more than the amount of the additional fee stated on the ballot, including any additional fee imposed pursuant to subsection 1 after December 1, 2002.

3. The department of motor vehicles and public safety shall distribute any additional fees for forms certifying emission control compliance collected pursuant to this section to the local air pollution control agency in the county from which the additional fees were collected to carry out the program for the control of air pollution established pursuant to NRS 445B.500.

4. If the question proposed pursuant to subsection 2 is approved by the voters, the local air pollution control agency in the county in which the question is approved shall submit on or before October 1 of each year to the director of the legislative counsel bureau for transmittal to the interim finance committee a report on:

(a) The amount of money that the agency received during the immediately preceding fiscal year from the imposition of the additional fee; and

(b) The purposes for which that money was expended to carry out the program for the control of air pollution established pursuant to NRS 445B.500.”.

Amend section 1, pages 1 and 2, by deleting lines 13 through 16 on page 1 and lines 1 and 2 on page 2.

Amend section 1, page 2, lines 3 and 4, by deleting:

“4 [, 5 and 6,] to 7, inclusive,” and inserting:

“4, 5 and 6,”.

Amend section 1, page 2, line 5, by deleting “[4,] 5,” and inserting “4,”.

Amend section 1, page 2, by deleting lines 27 through 32.

Amend section 1, page 2, line 33, by deleting “5.” and inserting “4.”.

Amend section 1, pages 2 and 3, by deleting lines 47 and 48 on page 2 and line 1 on page 3, and inserting:

“any disbursements made from the account pursuant to subsection 2.

5. Any regulations adopted pursuant to subsection 4 must provide”.

Amend section 1, page 3, line 11, by deleting “[4] 5” and inserting “4”.

Amend section 1, page 3, by deleting line 12 and inserting:

“6. Grants proposed pursuant to subsections 4 and 5 must”.

Amend sec. 3, page 3, by deleting lines 43 through 46 and inserting:

“Sec. 3. 1. This section and section 1 of this act become effective upon passage and approval.

2. Section 2 of this act becomes effective at 12:01 a.m. on July 1, 2001.

3. Section 1 of this act expires by limitation on June 30, 2009.”.

Amend the title of the bill to read as follows:

“AN ACT relating to air pollution; revising the provisions governing the disbursement of money from the pollution control account; authorizing the board of county commissioners of certain larger counties, in certain circumstances, to impose an additional fee for each form certifying emission control compliance for a limited period; requiring approval of the voters for continuation or increase of such a fee; providing that such fees must be distributed to the local air pollution control agency in the county in which the fees were collected; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Authorizes board of county commissioners of certain larger counties, in certain circumstances, to impose additional fee for each form certifying emission control compliance for limited period and revises provisions governing the disbursement of money from the pollution control account. (BDR 40‑1180)”.

Assemblywoman Giunchigliani moved the adoption of the amendment.

Remarks by Assemblywoman Giunchigliani.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblywoman Buckley moved that the action whereby Senate Bill No. 193 was referred to the Committee on Judiciary be rescinded.

Motion carried.

Assemblywoman Buckley moved that Senate Bill No. 193 be referred to the Concurrent Committees on Judiciary and Ways and Means.

Motion carried.

Assemblywoman Buckley moved that the Assembly recess until 5:00 p.m.

Motion carried.

Assembly in recess at 2:53 p.m.

ASSEMBLY IN SESSION

At 6:31 p.m.

Mr. Speaker presiding.

Quorum present.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Anderson moved that Senate Bill No. 516 be taken from the Chief Clerk’s desk and placed on the General File.

Remarks by Assemblyman Anderson.

Motion carried.

MESSAGES FROM THE Senate

Senate Chamber, Carson City, May 28, 2001

To the Honorable the Assembly:

I have the honor to inform your honorable body that the Senate on this day passed Assembly Bills Nos. 177, 197, 278, 282, 386, 558, 605.

Also, I have the honor to inform your honorable body that the Senate amended, and on this day passed, as amended, Assembly Bill No. 638, Amendment No. 932, and respectfully requests your honorable body to concur in said amendment.

Also, I have the honor to inform your honorable body that the Senate amended, and on this day passed, as amended, Assembly Bill No. 102, Amendment No. 942; Assembly Bill No. 133, Amendment No. 1044; Assembly Bill No. 182, Amendment No. 940; Assembly Bill No. 198, Amendment No. 979; Assembly Bill No. 219, Amendment No. 1001; Assembly Bill No. 248, Amendment Nos. 1031, 1065; Assembly Bill No. 313, Amendment No. 1089; Assembly Bill No. 314, Amendment No. 939; Assembly Bill No. 326, Amendment No. 819; Assembly Bill No. 370, Amendment No. 1081; Assembly Bill No. 419, Amendment No. 980; Assembly Bill No. 429, Amendment Nos. 909, 1068; Assembly Bill No. 442, Amendment No. 945; Assembly Bill No. 452, Amendment Nos. 853, 1071; Assembly Bill No. 461, Amendment No. 935; Assembly Bill No. 540, Amendment No. 964; Assembly Bill No. 560, Amendment No. 933; Assembly Bill No. 568, Amendment No. 1050; Assembly Bill No. 619, Amendment Nos. 1043, 1080, and respectfully requests your honorable body to concur in said amendments.

Mary Jo Mongelli

Assistant Secretary of the Senate

UNFINISHED BUSINESS

Consideration of Senate Amendments

Assembly Bill No. 370.

The following Senate amendment was read:

Amendment No. 1081.

Amend sec. 6, page 2, by deleting lines 8 and 9, and inserting:

“3. The threat would cause a reasonable person to fear that the threat will be carried out or the act would cause a reasonable person to feel terrorized, frightened, intimidated or harassed.”.

Amend sec. 7, page 2, line 12, by deleting “an” and inserting “a temporary”.

Amend the bill as a whole by deleting sections 8 and 9 and adding new sections designated sections 8 and 9, following sec. 7, to read as follows:

“Sec. 8. 1. The court may issue a temporary order for protection against harassment in the workplace if it appears to the satisfaction of the court from specific facts shown by a verified application filed pursuant to section 7 of this act that harassment in the workplace has occurred.

2. Except as otherwise provided in subsection 4, a temporary order for protection against harassment in the workplace must not be issued without notice to the person who allegedly committed the harassment. A temporary order for protection against harassment in the workplace must not be issued without the giving of security by the employer in an amount determined by the court to be sufficient to pay for such costs and damages as may be incurred or suffered by the person who allegedly committed the harassment if the person who allegedly committed the harassment is found to have been wrongfully enjoined or restrained.

3. The court may require the employer or the person who allegedly committed the harassment, or both, to appear before the court before determining whether to issue the temporary order for protection against harassment in the workplace.

4. A court may issue a temporary order for protection against harassment in the workplace without written or oral notice to the person who allegedly committed the harassment or his attorney only if:

(a) A verified application is accompanied by an affidavit that contains specific facts which clearly show that immediate and irreparable injury, loss or damage will result to the employer, an employee of the employer while the employee performs the duties of his employment or a person who is present at the workplace of the employer before the person who allegedly committed the harassment or his attorney can be heard in opposition; and

(b) The employer and the employer’s attorney, if any, set forth in the affidavit:

(1) The efforts, if any, that have been made to give notice to the person who allegedly committed the harassment; and

(2) The facts supporting waiver of notice requirements.

5. A temporary order for protection against harassment in the workplace that is granted, with or without notice, must expire not later than 15 days after the date on which the order is issued, unless extended pursuant to subsections 6 and 7.

6. If a temporary order for protection against harassment in the workplace is granted, with or without notice, the employer or his authorized agent may apply for an extended order for protection against harassment in the workplace by filing a verified application for an extended order for protection against harassment in the workplace. Such an application must:

(a) In addition to the information required by subsection 2 of section 7 of this act, set forth the facts that provide the basis for granting an extended order for protection against harassment in the workplace;

(b) Be filed before the expiration of the temporary order for protection against harassment in the workplace;

(c) Be heard as soon as reasonably possible and not later than 10 days after the date on which the application is filed with the court unless the court determines that there are compelling reasons to hold the hearing at a later date; and

(d) Be dismissed if the court finds that the temporary order for protection against harassment in the workplace which is the basis of the application has been dissolved or has expired.

7. At the hearing on an application filed pursuant to subsection 6, the employer must present evidence sufficient to support the granting of the application for an extended order for protection against harassment in the workplace. At the hearing, the court may:

(a) Dissolve or modify the temporary order for protection against harassment in the workplace; or

(b) Grant an extended order for protection against harassment in the workplace.

8. If granted, an extended order for protection against harassment in the workplace expires within such time, not to exceed 1 year, as the court fixes.

9. Upon 2 days’ notice to an employer who obtained a temporary order for protection against harassment in the workplace without notice or on such shorter notice to the employer as the court may prescribe, the person who allegedly committed the harassment may appear and move the dissolution or modification of the temporary order for protection against harassment in the workplace. Upon the filing of such a motion, the court shall proceed to hear and determine the motion as expeditiously as the ends of justice require. At the hearing, the court may dissolve, modify or extend the order.

10. The court may award costs and reasonable attorney’s fees to the prevailing party in a matter brought pursuant to this section.

11. If a court issues an extended order for protection against harassment in the workplace, an interlocutory appeal lies to the district court, which may affirm, modify or vacate the order in question. The appeal may be taken without bond, but its taking does not stay the effect or enforcement of the order.

Sec. 9. 1. A temporary or extended order for protection against harassment in the workplace may:

(a) Enjoin the person who allegedly committed the harassment from contacting the employer, an employee of the employer while the employee is performing his duties of employment and any person while the person is present at the workplace of the employer;

(b) Order the person who allegedly committed the harassment to stay away from the workplace of the employer; and

(c) Order such other relief as the court deems necessary to protect the employer, the workplace of the employer, the employees of the employer while performing their duties of employment and any other persons who are present at the workplace.

2. A court may not issue a temporary or extended order for protection against harassment in the workplace that is against more than one person.

3. A temporary or extended order for protection against harassment in the workplace must:

(a) Specify, as applicable, the county and city, if any, in which the workplace of the employer is located and in which the employees of the employer perform their duties of employment;

(b) Include a provision ordering any law enforcement officer to arrest the person who allegedly committed the harassment, with or without a warrant, if the officer has probable cause to believe that the person has been served with a copy of the order and has violated a provision of the order;

(d) Include the following statement:

WARNING

This is an official court order. If you disobey this order, you may be arrested and prosecuted for the crime of violating an order for protection against harassment in the workplace and any other crime that you may have committed in disobeying this order.

4. In addition to the requirements of subsection 3, if the court granted a temporary order for protection against harassment in the workplace without notice, the order must:

(a) Include a statement that the person who allegedly committed the harassment is entitled to a hearing on the order pursuant to section 8 of this act;

(b) Include the name and address of the court in which the petition for a hearing may be filed;

(d) Be immediately filed with the clerk of the court;

(e) Define the irreparable injury, loss or damage resulting from the harassment and state why it is irreparable; and

(f) Set forth the reasons for granting the order without notice.”.

Amend sec. 10, page 4, line 9, by deleting “An” and inserting:

“A temporary or extended”.

Amend sec. 11, page 4, line 14, by deleting “an” and inserting:

“a temporary or extended”.

Amend sec. 11, page 4, line 26, by deleting “an” and inserting:

“a temporary or extended”.

Amend sec. 11, page 4, line 29, by deleting “an” and inserting:

“a temporary or extended”.

Amend sec. 12, page 4, line 39, by deleting “received” and inserting:

“been served with”.

Amend sec. 13, page 4, line 49, by deleting “an” and inserting:

“a temporary or extended”.

Amend sec. 13, page 5, line 4, by deleting “An” and inserting:

“A temporary or extended”.

Amend sec. 14, page 5, by deleting line 9 and inserting:

“Sec. 14. 1. A court, a law enforcement officer or any other person who”.

Amend sec. 14, page 5, line 10, by deleting “an” and inserting:

“a temporary or extended”.

Amend sec. 14, page 5, line 12, by deleting:

“on that belief.” and inserting:

“upon that belief.

2. A court, a law enforcement officer or any other person who refuses to enforce a temporary or extended order for protection against harassment in the workplace based upon a reasonable belief that the order is not valid is immune from civil and criminal liability for any action taken or not taken based upon that belief.

3. The employer of a law enforcement officer who enforces a temporary or extended order for protection against harassment in the workplace based upon a reasonable belief that the order is valid or who refuses to enforce such an order based upon a reasonable belief that the order is not valid is immune from civil and criminal liability for any action taken or not taken by the law enforcement officer based upon that belief.”.

Amend sec. 16, page 5, line 16, by deleting “an” and inserting:

“a temporary or extended”.

Amend sec. 16, page 5, by deleting lines 18 and 19 and inserting:

“harassment that the employer intends to seek such an order.”.

Amend sec. 17, page 5, line 21, by deleting “an” and inserting:

“a temporary or extended”.

Amend sec. 17, page 5, line 23, by deleting “an” and inserting:

“a temporary or extended”.

Amend sec. 17, page 5, line 24, by deleting “workplace.” and inserting:

“workplace, if the employer acts in good faith in failing to seek the order.”.

Amend sec. 19, page 5, line 39, by deleting “an” and inserting:

“a temporary or extended”.

Amend sec. 19, page 6, line 9, by deleting “an” and inserting:

“a temporary or extended”.

Amend sec. 21, page 7, line 38, by deleting “of an” and inserting:

“of a temporary or extended”.

Amend the title of the bill to read as follows:

“AN ACT relating to injunctions; authorizing employers to obtain temporary and extended orders for protection against harassment in the workplace to protect employers, employees and persons at the workplace from harassment by other persons; establishing the procedures for obtaining such orders; providing a penalty; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Authorizes employers to obtain temporary and extended orders for protection against harassment in workplace and establishes procedures for obtaining such orders. (BDR 3‑720)”.

Assemblyman Anderson moved that the Assembly do not concur in the Senate amendment to Assembly Bill No. 370.

Remarks by Assemblyman Anderson.

Motion carried.

Bill ordered transmitted to the Senate.

Assembly Bill No. 133.

The following Senate amendment was read:

Amendment No. 1044.

Amend sec. 5, page 2, by deleting lines 7 through 11 and inserting:

“each residence or appurtenance to the extent known.”.

Amend sec. 5, page 2, between lines 34 and 35, by inserting:

“5. An alleged constructional defect which is discovered after an action pursuant to NRS 40.600 to 40.695, inclusive, and sections 2 to 11, inclusive, of this act, has been commenced may not be alleged in an amended pleading until the contractor, subcontractor, supplier or design professional who performed the original construction which is alleged to be a constructional defect has been given:

(a) Written notice in the manner required by this section; and

(b) A reasonable opportunity to repair the alleged constructional defect in the manner provided in section 6 of this act.

6. A court shall dismiss an action commenced against a contractor, subcontractor, supplier or design professional by a claimant who has failed to comply with the requirements of this section.”.

Amend sec. 6, page 3, by deleting line 25 and inserting:

“pursuant to subsection 1. A court shall dismiss an action commenced against a contractor, subcontractor, supplier or design professional by a claimant who has failed to comply with the requirements of this subsection.”.

Amend sec. 6, page 3, line 34, by deleting:

“repairs is not” and inserting “repairs is”.

Amend sec. 7, page 4, line 4, after “act” by inserting:

“or who received notice pursuant to subsection 4”.

Amend sec. 7, page 4, line 13, by deleting “The” and inserting:

“Except as otherwise provided in subsection 4, the”.

Amend sec. 7, page 4, between lines 18 and 19, by inserting:

“4. If, after the expiration of the time set forth for a contractor to provide a notice to a subcontractor, supplier or design professional pursuant to section 5 of this act, a contractor identifies a subcontractor, supplier or design professional who the contractor was not, after a good faith effort, previously able to identify and who may be responsible for a constructional defect alleged by the claimant, the contractor shall, before commencing an action against such a subcontractor, supplier or design professional:

(a) Provide notice to the subcontractor, supplier or design professional in the manner provided in subsection 2 of section 5 of this act; and

(b) Allow a reasonable opportunity for the subcontractor, supplier or design professional to make repairs to the alleged constructional defect.

5. Subject to the provisions of subsection 2, the claimant shall allow a subcontractor, supplier or design professional notified pursuant to subsection 4 a reasonable opportunity to make repairs.

6. A court shall dismiss an action commenced against a subcontractor, supplier or design professional by a contractor who has failed to comply with the requirements of subsection 4.”.

Amend sec. 8, page 4, line 21, after “5” by inserting “or 7”.

Amend sec. 9, page 4, by deleting lines 45 through 47.

Amend sec. 9, page 4, line 48, by deleting “3.” and inserting “2.”.

Amend sec. 10, page 6, by deleting lines 11 through 15 and inserting:

“6. As used in this section, “expert” means a person who is licensed in a state to engage in the practice of professional engineering, land surveying, architecture or landscape architecture.”.

Amend sec. 18, page 11, by deleting lines 37 and 38 and inserting:

“40.692 [If,] Except as otherwise provided in sections 5 and 7 of this act, if after complying with the procedural requirements of sections 5 and 7 of this act and NRS 40.645 and 40.680, or NRS 40.682, a claimant”.

Amend sec. 18, page 11, line 42, by deleting “section 5” and inserting:

“sections 5 and 7”.

Amend sec. 21, page 12, lines 36 and 37, by deleting:

“a new section to read as follows:” and inserting:

“the provisions set forth as sections 22 to 25, inclusive, of this act.”.

Amend sec. 21, page 12, line 38, before “1.” by inserting:

“Sec. 22.”.

Amend the bill as a whole by renumbering sections 22 through 25 as sections 26 through 29 and adding new sections designated sections 23 through 25, following sec. 21, to read as follows:

“Sec. 23. 1. An association may bring an action to recover damages resulting from constructional defects in any of the units, common elements or limited common elements of the common-interest community, or submit such a claim to mediation pursuant to NRS 40.680, only:

(a) If the association first obtains the written approval of each unit’s owner whose unit or interest in the common elements or limited common elements will be the subject of the action or claim;

(b) Upon a vote of the units’ owners to which at least a majority of the votes of the members of the association are allocated; and

2. If an action is brought by an association to recover damages resulting from constructional defects in any of the units, common elements or limited common elements of the common-interest community, or such a claim is submitted to mediation pursuant to NRS 40.680, the attorney representing the association shall provide to the executive board of the association and to each unit’s owner a statement that includes, in reasonable detail:

(a) The defects and damages or injuries to the units, common elements or limited common elements;

(b) The cause of the defects, if the cause is known;

(d) The location of each defect within the units, common elements or limited common elements, if known;

(e) A reasonable estimate of the cost of the action or mediation, including reasonable attorney’s fees;

(f) An explanation of the potential benefits of the action or mediation and the potential adverse consequences if the association does not commence the action or submit the claim to mediation or if the outcome is not favorable to the association; and

(g) All disclosures that are required to be made upon the sale of the property.

3. An association or an attorney for an association shall not employ a person to perform destructive tests to determine any damage or injury to a unit, common element or limited common element caused by a constructional defect unless:

(a) The person is licensed as a contractor pursuant to chapter 624 of NRS;

(b) The association has obtained the prior written approval of each unit’s owner whose unit or interest in the common element or limited common element will be affected by such testing;

(d) The person is required to repair all damage resulting from such tests in accordance with state laws and local ordinances relating thereto; and

(e) The association or the person so employed obtains all permits required to conduct such tests and to repair any damage resulting from such tests.

4. As used in this section, “constructional defect” has the meaning ascribed to it in NRS 40.615.

Sec. 24. 1. Except as otherwise provided in subsection 2 and section 23 of this act, an association may commence a civil action only upon a vote or written agreement of the owners of the units to which at least a majority of the votes of the members of the association are allocated. In such a case, the association shall provide written notice to the owner of each unit of the meeting at which the commencement of a civil action is to be considered or action is to be taken within 21 calendar days before the meeting.

2. The provisions of subsection 1 do not apply to a civil action that is commenced:

(a) By an association for a time-share project governed by the provisions of chapter 119A of NRS;

(b) To enforce the payment of an assessment;

(d) To proceed with a counterclaim; or

(e) To enforce or rescind a contract to which the association is a party.

Sec. 25. 1. Notwithstanding any other provision of this chapter, the executive board of an association may, without giving notice to the units’ owners, employ a contractor licensed pursuant to the provisions of chapter 624 of NRS and such other persons as are necessary to make such repairs to a unit or common element within the common-interest community as are required to protect the health, safety and welfare of the units’ owners.

2. If the governing documents of the association require such action to be taken at a meeting of the executive board of the association, the executive board shall, within 90 days after employing any person pursuant to subsection 1, provide written notice to the units’ owners of its action and include the action on the agenda of its next regularly scheduled meeting.”.

Amend sec. 22, page 13, by deleting line 25 and inserting:

“NRS 116.3101 to 116.3119, inclusive, and section 14 of Assembly Bill No. 621 of this session and sections 22 to 25, inclusive, of this act and”.

Amend sec. 23, page 14, line 9, by deleting “21” and inserting “22”.

Amend sec. 24, pages 15 and 16, by deleting lines 28 through 49 on page 15 and lines 1 through 18 on page 16, and inserting:

“unit of a meeting at which an assessment for a capital improvement [or the commencement of a civil action] is to be considered or action is to be taken on such an assessment at least 21 calendar days before the meeting. [Except as otherwise provided in this subsection, the association may commence a civil action only upon a vote or written agreement of the owners of units to which at least a majority of the votes of the members of the association are allocated. The provisions of this subsection do not apply to a civil action that is commenced:

(a) By an association for a time-share project governed by the provisions of chapter 119A of NRS;

(b) To enforce the payment of an assessment;

(d) To proceed with a counterclaim; or

(e) To protect the health, safety and welfare of the members of the association. If a civil action is commenced pursuant to this paragraph without the required vote or agreement, the action must be ratified within 90 days after the commencement of the action by a vote or written agreement of the owners of the units to which at least a majority of votes of the members of the association are allocated. If the association, after making a good faith effort, cannot obtain the required vote or agreement to commence or ratify such a civil action, the association may thereafter seek to dismiss the action without prejudice for that reason only if a vote or written agreement of the owners of the units to which at least a majority of votes of the members of the association are allocated was obtained at the time the approval to commence or ratify the action was sought.

10. At least 10 days before an association commences or seeks to ratify the commencement of a civil action, the association shall provide a written statement to all units’ owners that includes:

(a) A reasonable estimate of the costs of the civil action, including reasonable attorney’s fees;

(b) An explanation of the potential benefits of the civil action and the potential adverse consequences if the association does not commence the action or if the outcome of the action is not favorable to the association; and

11. No person other than a unit’s owner may request the dismissal of a civil action commenced by the association on the ground that the association failed to comply with any provision of this section.]”.

Amend sec. 25, page 16, line 30, by deleting “21” and inserting “22”.

Amend the bill as a whole by renumbering sec. 26 as sec. 34 and adding new sections designated sections 30 through 33, following sec. 25, to read as follows:

“Sec. 30. Chapter 278 of NRS is hereby amended by adding thereto the provisions set forth as sections 31 and 32 of this act.

Sec. 31. 1. Except as otherwise provided in this subsection, the governing body of each city and county shall not accept an application for a building permit for a project that includes the construction of new footings or a new foundation for a structure or that requires excavation or embankment of more than 5,000 cubic yards of earth, unless the application is submitted with a geotechnical report. The governing body may waive the requirement of the geotechnical report for any project other than a project involving a residential dwelling unit.

2. The geotechnical report required pursuant to subsection 1 must include:

(a) Information concerning the soil and geology of the site where the project will be carried out;

(b) Information concerning the ground water on the site where the project will be carried out and the potential that the ground water may adversely affect the foundation of the project;

(c) A written statement from the architect, civil engineer or structural engineer who was responsible for the design of the project verifying that the design of the project is compatible with the geotechnical conditions described in paragraphs (a) and (b);

(d) A written statement from a geotechnical engineer who has reviewed the plans for the grading and foundation of the project verifying that the project is geotechnically in compliance with the geotechnical conditions of the site as described in paragraphs (a) and (b); and

(e) Any other information required by the governing body.

3. The governing body of each city and county shall require by ordinance the submission of a final report concerning grading of the property, the elevation of the finished floor and the drainage on the property for each construction project for which a geotechnical report is required pursuant to subsection 1.

4. The ordinance adopted pursuant to subsection 3 must require:

(a) The final report concerning grading of the property to include certification that the grading and the excavating or embanking work complies with the requirements set forth in the geotechnical report completed pursuant to subsection 1 and any supplements or addenda to the report;

(b) The final report concerning the elevation of the finished floor to include certification that the lowest elevation of the finished floor of the project that is habitable complies with the plans for the project that were approved by the governing body; and

(1) A statement that the conditions of the drainage system on the site of the project at the completion of the project complies with the plan for drainage or the plan for the plot and grading that was approved by the governing body; and

(2) If the plans for the project that were approved by the governing body required a drainage system or facilities, structures or devices for drainage that were designed by an engineer, verification from a civil engineer that the drainage system and any facilities, structures or devices for drainage were installed and constructed in compliance with those plans. Devices for drainage include, without limitation, detention of drainage on the site, drainage from one lot to another lot and devices for conveying drainage.

5. The governing body of each city and county shall adopt an ordinance that requires a developer to provide a person who purchases a completed construction project described in subsection 1 with a written report concerning the applicable building codes and regulations and any recommendations of a geotechnical engineer and a civil engineer concerning the use of the project. The ordinance must provide that this report is part of the sales documents that must be acknowledged by the buyer.

6. As used in this section, “residential dwelling unit” has the meaning ascribed to it in NRS 278.4977.

Sec. 32. The governing body of each city and county shall adopt ordinances to ensure the prevention and mitigation of harm to a building or structure caused by water that is standing under the building or structure.

Sec. 33. NRS 278.010 is hereby amended to read as follows:

278.010 As used in NRS 278.010 to 278.630, inclusive, and sections 31 and 32 of this act, unless the context otherwise requires, the words and terms defined in NRS 278.0105 to 278.0195, inclusive, have the meanings ascribed to them in those sections.”.

Amend sec. 26, page 16, line 35, by deleting:

“October 1, 2001.” and inserting:

“the effective date of this act.”.

Amend the bill as a whole by adding a new section designated sec. 35, following sec. 26, to read as follows:

“Sec. 35. This act becomes effective upon passage and approval.”.

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 a contractor to provide notice concerning constructional defects to a subcontractor, supplier or design professional and allow the subcontractor, supplier or design professional to make repairs before commencing an action against the subcontractor, supplier or design professional; requiring an affidavit in support of an action for professional negligence against a design professional; imposing certain restrictions to prevent property managers from being encouraged to file a claim for a constructional defect; requiring a contractor to provide certain information to the initial purchaser of a residence; revising the provisions governing commencement of certain civil actions by the association of a common-interest community; requiring the governing body of each city and county to require a geotechnical report as a condition to obtaining a building permit and additional information concerning a completed project; and providing other matters properly relating thereto.”.

Assemblyman Anderson moved that the Assembly do not concur in the Senate amendment to Assembly Bill No. 133.

Remarks by Assemblyman Anderson.

Motion carried.

Bill ordered transmitted to the Senate.

REPORTS OF COMMITTEES

Mr. Speaker:

Your Committee on Health and Human Services, to which was referred Senate Bill No. 539, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Ellen M. Koivisto, Chairman

Mr. Speaker:

Your Committee on Judiciary, to which was referred Senate Bill No. 421, has had the same under consideration, and begs leave to report the same back with the recommendation: Without recommendation, and re-refer to the Committee on Ways and Means.

Bernie Anderson, Chairman

Mr. Speaker:

Your Committee on Ways and Means, to which was re-referred Assembly Bill No. 567, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Morse Arberry Jr., Chairman

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Anderson moved that Senate Bill No. 516 be taken from the General File and placed on the Chief Clerk’s desk.

Remarks by Assemblyman Anderson.

Motion carried.

Assemblyman Anderson moved that Senate Bill No. 421 re-referred to the Committee on Ways and Means.

Motion carried.

Assemblyman Williams moved that Senate Bill No. 401 be taken from the General File and placed on the Chief Clerk’s desk.

Motion carried.

Notice Of Exemption

May 28, 2001

The Fiscal Analysis Division, pursuant to Joint Standing Rule 14.6, has determined the exemption of: Senate Bill No. 531.

Mark Stevens

Fiscal Analysis Division

Assemblywoman Buckley moved that Senate Bill No. 539 be placed on the Second Reading File.

Motion carried.

Assemblywoman Buckley moved that Senate Bill No. 357 just returned from the printer, be placed at the top of the General File.

Motion carried.

Assemblywoman Buckley moved that Senate Bill No. 216 just returned from the printer, be placed on the General File.

Motion carried.

Assemblywoman Buckley moved that Assembly Bill No. 567 be placed on the General File.

Motion carried.

SECOND READING AND AMENDMENT

Senate Bill No. 539.

Bill read second time.

The following amendment was proposed by the Committee on Health and Human Services:

Amendment No. 1110.

Amend the bill as a whole by deleting sections 1 through 11 and adding new sections designated sections 1 through 24, following the enacting clause, to read as follows:

“Section 1. Chapter 439 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, 4 and 5 of this act have the meanings ascribed to them in those sections.

Sec. 3. “Household income” has the meaning ascribed to it in NRS 361.820.

Sec. 4. “Income” has the meaning ascribed to it in NRS 361.823.

Sec. 5. “Senior citizen” means a person who is domiciled in this state and is 62 years of age or older.

Sec. 6. The department is responsible for the administration of the provisions of sections 2 to 10, inclusive, of this act and may:

1. Prescribe the content and form of a request for a subsidy required to be submitted pursuant to section 9 of this act.

2. Designate the proof that must be submitted with such a request.

3. Adopt regulations to protect the confidentiality of information supplied by a senior citizen requesting a subsidy pursuant to section 9 of this act.

4. Adopt such other regulations as may be required to carry out the provisions of sections 2 to 10, inclusive, of this act.

Sec. 7. The department of human resources shall, in cooperation with the department of taxation and the various counties in this state:

1. Combine all possible administrative procedures required for determining those persons who are eligible for assistance pursuant to NRS 361.800 to 361.877, inclusive, and sections 2 to 10, inclusive, of this act;

2. Coordinate the collection of information required to carry out those provisions in a manner that requires persons requesting assistance to furnish information in as few reports as possible; and

3. Design forms that may be used jointly by the department of human resources, the department of taxation and the various counties in this state to carry out the provisions of NRS 361.800 to 361.877, inclusive, and sections 2 to 10, inclusive, of this act.

Sec. 8. 1. The department shall, within the limits of the money available for this purpose in the fund for a healthy Nevada, develop and carry out a program for senior citizens to provide prescription drugs and pharmaceutical services to them at a subsidized cost whereby the state will pay the difference between the copayment required by the program and the actual cost of the drug from the pharmacist. The department shall refer to this program as the “Senior Option Program” and cause it to be marketed under that name.

2. Within the limits of the money available for this purpose in the fund for a healthy Nevada, a senior citizen who:

(a) Is not eligible for Medicaid; and

(b) Is accepted into the program that is made available pursuant to subsection 1,

is entitled to an annual grant from the trust fund to subsidize a portion of the cost of his prescription drugs and pharmaceutical services if he has been domiciled in this state for at least 1 year immediately preceding the date of his application and his household income is less than $21,500.

3. The department may pay its costs for administering this program from the fund for a healthy Nevada and shall include as components of the subsidized program:

(a) A maximum annual application fee of $25.

(b) A requirement that a generic drug be used to fill the prescription, unless the substitution of a generic drug for a drug with a brand name is specifically prohibited by the provider of health care who issued the prescription.

(d) A maximum required copayment for nongeneric drugs of $25 per prescription.

(e) The formulary for the program must be the same formulary as is used for the state plan for Medicaid.

(f) The maximum limitation per year on the subsidy each person may receive under this program is $5,000.

(g) Allow persons who are participating in the program to fill their prescriptions by mail.

(h) A maximum of $100 as the amount of deductible expenses that may be required of participants before they are eligible to receive benefits under this program.

(i) The rebates from pharmaceutical manufacturers for drugs purchased through this program must be at least equal to the rebates provided for drugs purchased pursuant to the state plan for Medicaid and must be deposited in the fund for a healthy Nevada to support this program.

(j) A pharmacy benefits manager may be hired by contract to assist in the development and administration of this program, if deemed advisable and fiscally prudent by the department.

(k) The rates negotiated by the department or its representative for the prescription drugs sold by the pharmacies that agree to participate in this program must not be more than the rates charged to the department under the state plan for Medicaid, if not the best and lowest prices available from the pharmacy to any customer.

4. If the Federal Government provides any coverage of prescription drugs and pharmaceutical services for senior citizens who are eligible for a subsidy pursuant to subsections 1, 2 and 3, the department may, upon approval of the legislature, or the interim finance committee if the legislature is not in session, change any program established pursuant to sections 2 to 10, inclusive, of this act and otherwise provide assistance with prescription drugs and pharmaceutical services for senior citizens within the limits of the money available for this purpose in the fund for a healthy Nevada.

5. The provisions of subsections 1, 2 and 3 do not apply if the department provides assistance with prescription drugs and pharmaceutical services for senior citizens pursuant to subsection 4.

6. The department may waive the eligibility requirement set forth in subsection 2 regarding household income upon written request of the applicant if the circumstances of the applicant’s household have changed as a result of:

(a) Illness;

(b) Disability; or

(c) Extreme financial hardship based on a significant reduction of income, when considering the applicant’s current financial circumstances.

An applicant who requests such a waiver shall include with that request all medical and financial documents that support his request.

Sec. 9. 1. A senior citizen who wishes to receive a subsidy pursuant to sections 2 to 10, inclusive, of this act must file a request therefor with the department.

2. The request must be made under oath and filed in such form and content, and accompanied by such proof, as the department may prescribe.

3. The department shall, within 45 days after receiving a request for a subsidy, examine the request and grant or deny it.

4. The department shall determine which senior citizens are eligible to receive a subsidy pursuant to sections 2 to 10, inclusive, of this act and pay the subsidy in the manner set forth in the program.

Sec. 10. 1. The department shall deny any request for a subsidy received pursuant to sections 2 to 10, inclusive, of this act to which the senior citizen is not entitled.

2. The department may deny in total any request which it finds to have been filed with fraudulent intent. If any such request has been paid and is afterward denied, the amount of the subsidy must be repaid by the senior citizen to the department.

3. Any amounts received by the department pursuant to this section must be deposited with the state treasurer for credit to the fund for a healthy Nevada for credit to this program.

Sec. 11. NRS 439.620 is hereby amended to read as follows:

439.620 1. The fund for a healthy Nevada is hereby created in the state treasury. The state treasurer shall deposit in the fund:

(a) Fifty percent of all money received by this state pursuant to any settlement entered into by the State of Nevada and a manufacturer of tobacco products; and

(b) Fifty percent of all money recovered by this state from a judgment in a civil action against a manufacturer of tobacco products.

2. The state treasurer shall administer the fund. As administrator of the fund, the state treasurer:

(a) Shall maintain the financial records of the fund;

(b) Shall invest the money in the fund as the money in other state funds is invested;

(d) Shall maintain any instruments that evidence investments made with the money in the fund;

(e) May contract with vendors for any good or service that is necessary to carry out the provisions of this section; and

(f) May perform any other duties necessary to administer the fund.

3. The interest and income earned on the money in the fund must, after deducting any applicable charges, be credited to the fund. All claims against the fund must be paid as other claims against the state are paid.

4. Upon receiving a request from the state treasurer or the department for an allocation for administrative expenses from the fund pursuant to this section, the task force shall consider the request within 45 days after receipt of the request. If the task force approves the amount requested for allocation, the task force shall notify the state treasurer of the allocation. If the task force does not approve the requested allocation within 45 days after receipt of the request, the state treasurer or the department, as applicable, may submit its request for allocation to the interim finance committee. Except as otherwise limited by this subsection, the interim finance committee may allocate all or part of the money so requested. The annual allocation for administrative expenses from the fund, whether allocated by the task force or the interim finance committee must not exceed:

(a) Not more than 2 percent of the money in the fund [may be used] , as calculated pursuant to this subsection, each year to pay the costs [of administering] incurred by the state treasurer to administer the fund[.] ; and

(b) Not more than 3 percent of the money in the fund, as calculated pursuant to this subsection, each year to pay the costs incurred by the department, including, without limitation, the aging services division of the department, to carry out its duties set forth in NRS 439.625 to 439.690, inclusive.

For the purposes of this subsection, the amount of money available for allocation to pay for the administrative costs must be calculated at the beginning of each fiscal year based on the total amount of money anticipated by the state treasurer to be deposited in the fund during that fiscal year.

5. The money in the fund remains in the fund and does not revert to the state general fund at the end of any fiscal year.

6. All money that is deposited or paid into the fund is hereby appropriated to the department and, except as otherwise provided in paragraphs (c) and (d) of subsection 1 of NRS 439.630, may only be expended pursuant to an allocation made by the task force for the fund for a healthy Nevada. Money expended from the fund for a healthy Nevada must not be used to supplant existing methods of funding that are available to public agencies.

Sec. 12. NRS 439.620 is hereby amended to read as follows:

439.620 1. The fund for a healthy Nevada is hereby created in the state treasury. The state treasurer shall deposit in the fund:

(a) Fifty percent of all money received by this state pursuant to any settlement entered into by the State of Nevada and a manufacturer of tobacco products; and

(b) Fifty percent of all money recovered by this state from a judgment in a civil action against a manufacturer of tobacco products.

2. The state treasurer shall administer the fund. As administrator of the fund, the state treasurer:

(a) Shall maintain the financial records of the fund;

(b) Shall invest the money in the fund as the money in other state funds is invested;

(d) Shall maintain any instruments that evidence investments made with the money in the fund;

(e) May contract with vendors for any good or service that is necessary to carry out the provisions of this section; and

(f) May perform any other duties necessary to administer the fund.

(a) Not more than 2 percent of the money in the fund, as calculated pursuant to this subsection, each year to pay the costs incurred by the state treasurer to administer the fund; and

5. The money in the fund remains in the fund and does not revert to the state general fund at the end of any fiscal year.

Sec. 13. NRS 439.625 is hereby amended to read as follows:

439.625 1. The task force for the fund for a healthy Nevada is hereby created. The membership of the task force consists of:

(a) Three members appointed by the majority leader of the senate, one of whom must be a senator and one of whom must be a member of a nonprofit organization dedicated to health issues in this state; [and]

(b) Three members appointed by the speaker of the assembly, one of whom must be an assemblyman and one of whom must be a member of a nonprofit organization dedicated to health issues in this state; and

(c) Three members appointed by the governor, one of whom must have experience with and knowledge of matters relating to health care.

Each member appointed pursuant to this subsection must be a resident of this state and must not be employed in the executive or judicial branch of state government.

[2.] Each person who appoints members pursuant to this subsection [1] shall ensure that insofar as practicable, the members whom he appoints reflect the ethnic and geographical diversity of this state.

2. At its first meeting on or after July 1 of each odd-numbered year, the task force shall select the chairman and vice chairman of the task force from among the legislative members of the task force. Each such officer shall hold office for a term of 2 years or until his successor is selected. The chairmanship of the task force must alternate each biennium between the houses of the legislature.

3. For each day or portion of a day during which a member of the task force who is a legislator attends a meeting of the task force or is otherwise engaged in the work of the task force, except during a regular or special session of the legislature, he is entitled to receive the:

(a) Compensation provided for a majority of the members of the legislature during the first 60 days of the preceding session;

(b) Per diem allowance provided for state officers and employees generally; and

The compensation, per diem allowances and travel expenses of the legislative members of the task force must be paid from the legislative fund.

4. Members of the task force who are not legislators serve without salary, except that they are entitled to receive travel expenses provided for state officers and employees generally. The travel expenses of:

(a) A member of the task force who is an officer or employee of a local government thereof must be paid by the local government that employs him.

(b) Each remaining member of the task force must be paid from the legislative fund.

5. Each member of the task force who is an officer or employee of a local government must be relieved from his duties without loss of his regular compensation so that he may perform his duties relating to the task force in the most timely manner practicable. A local government shall not require an officer or employee who is a member of the task force to:

(a) Make up the time he is absent from work to fulfill his obligations as a member of the task force; or

(b) Take annual leave or compensatory time for the absence.

6. The legislative counsel bureau and the department shall provide such administrative support to the task force as is required to carry out the duties of the task force. The state health officer shall provide such technical advice and assistance to the task force as is requested by the task force.

Sec. 14. NRS 439.630 is hereby amended to read as follows:

439.630 1. The task force for the fund for a healthy Nevada shall:

(a) Conduct public hearings to accept public testimony from a wide variety of sources and perspectives regarding existing or proposed programs that:

(1) Promote public health;

(2) Improve health services for children, senior citizens and persons with disabilities;

(3) Reduce or prevent the use of tobacco;

(4) Reduce or prevent the abuse of and addiction to alcohol and drugs; and

(5) Offer other general or specific information on health care in this state.

(b) Establish a process to evaluate the health and health needs of the residents of this state and a system to rank the health problems of the residents of this state, including, without limitation, the specific health problems that are endemic to urban and rural communities.

(c) Reserve not more than 30 percent of all revenues deposited in the fund for a healthy Nevada each year for direct expenditure by the department to pay for prescription drugs and pharmaceutical services for senior citizens pursuant to NRS 439.635 to 439.690, inclusive. From the money reserved to the department pursuant to this paragraph, the department shall subsidize all of the cost of policies of health insurance that provide coverage to senior citizens for prescription drugs and pharmaceutical services pursuant to NRS 439.635 to 439.690, inclusive. The department shall consider recommendations from the task force for the fund for a healthy Nevada in carrying out the provisions of NRS 439.635 to 439.690, inclusive. The department shall submit a quarterly report to the governor , the task force for the fund for a healthy Nevada and the interim finance committee regarding the general manner in which expenditures have been made pursuant to this paragraph and the status of the program.

(d) Reserve not more than 30 percent of all revenues deposited in the fund for a healthy Nevada each year for allocation by the aging services division of the department in the form of grants for existing or new programs that assist senior citizens with independent living, including, without limitation, programs that provide:

(1) Respite care or relief of family caretakers;

(2) Transportation to new or existing services to assist senior citizens in living independently; and

(3) Care in the home which allows senior citizens to remain at home instead of in institutional care.

FLUSH

The aging services division of the department shall consider recommendations from the task force for the fund for a healthy Nevada concerning the independent living needs of senior citizens.

(e) Allocate for expenditure not more than 20 percent of all revenues deposited in the fund for a healthy Nevada each year for programs that prevent, reduce or treat the use of tobacco and the consequences of the use of tobacco.

(f) Allocate for expenditure not more than 20 percent of all revenues deposited in the fund [each year] for a healthy Nevada each year for programs that improve health services for children and [for] the health and well-being of persons with disabilities.

(g) Maximize expenditures through local, federal and private matching contributions.

(h) Ensure that any money expended from the fund for a healthy Nevada will not be used to supplant existing methods of funding that are available to public agencies.

(i) Develop policies and procedures for the administration and distribution of grants and other expenditures to state agencies, political subdivisions of this state, nonprofit organizations, universities and community colleges. A condition of any such grant must be that not more than 8 percent of the grant may be used for administrative expenses or other indirect costs. The procedures must require at least one competitive round of requests for proposals [.] per fiscal year.

(j) To make the allocations required by paragraphs (e) and (f) : [of subsection 1:]

(1) Prioritize and quantify the needs for these programs;

(2) Develop, solicit and accept grant applications for allocations;

(3) Conduct annual evaluations of programs to which allocations have been awarded; and

(4) Submit annual reports concerning the programs to the governor and the interim finance committee.

(k) Transmit a report of all findings, recommendations and expenditures to the governor and each regular session of the legislature.

2. The task force may take such other actions as are necessary to carry out its duties.

3. The department shall take all actions necessary to ensure that all allocations for expenditures made by the task force are carried out as directed by the task force.

4. To make the allocations required by paragraph (d) of subsection 1, the aging services division of the department shall:

(a) Prioritize and quantify the needs of senior citizens for these programs;

(b) Develop, solicit and accept grant applications for allocations;

(c) As appropriate, expand or augment existing state programs for senior citizens upon approval of the interim finance committee;

(d) Award grants or other allocations;

(e) Conduct annual evaluations of programs to which grants or other allocations have been awarded; and

(f) Submit annual reports concerning the grant program to the governor and the interim finance committee.

5. The aging services division of the department shall submit each proposed grant which would be used to expand or augment an existing state program to the interim finance committee for approval before the grant is awarded. The request for approval must include a description of the proposed use of the money and the person or entity that would be authorized to expend the money. The aging services division of the department shall not expend or transfer any money allocated to the aging services division pursuant to this section to subsidize any portion of the cost of policies of health insurance that provide coverage to senior citizens for prescription drugs and pharmaceutical services pursuant to NRS 439.635 to 439.690, inclusive.

6. The department, on behalf of the task force, shall submit each allocation proposed pursuant to paragraph (e) or (f) of subsection 1 which would be used to expand or augment an existing state program to the interim finance committee for approval before the grant is awarded. The request for approval must include a description of the proposed use of the money and the person or entity that would be authorized to expend the money.

Sec. 15. NRS 439.630 is hereby amended to read as follows:

439.630 1. The task force for the fund for a healthy Nevada shall:

(a) Conduct public hearings to accept public testimony from a wide variety of sources and perspectives regarding existing or proposed programs that:

(1) Promote public health;

(2) Improve health services for children, senior citizens and persons with disabilities;

(3) Reduce or prevent the use of tobacco;

(4) Reduce or prevent the abuse of and addiction to alcohol and drugs; and

(5) Offer other general or specific information on health care in this state.

(c) Reserve not more than 30 percent of all revenues deposited in the fund for a healthy Nevada each year for direct expenditure by the department to pay for prescription drugs and pharmaceutical services for senior citizens pursuant to [NRS 439.635 to 439.690, inclusive.] sections 2 to 10, inclusive, of this act. From the money reserved to the department pursuant to this paragraph, the department shall subsidize all of the cost of policies of health insurance that provide coverage to senior citizens for prescription drugs and pharmaceutical services pursuant to [NRS 439.635 to 439.690, inclusive.] sections 2 to 10, inclusive, of this act. The department shall consider recommendations from the task force for the fund for a healthy Nevada in carrying out the provisions of [NRS 439.635 to 439.690, inclusive.] sections 2 to 10, inclusive, of this act. The department shall submit a quarterly report to the governor, the task force for the fund for a healthy Nevada and the interim finance committee regarding the general manner in which expenditures have been made pursuant to this paragraph and the status of the program.

(1) Respite care or relief of family caretakers;

(2) Transportation to new or existing services to assist senior citizens in living independently; and

(3) Care in the home which allows senior citizens to remain at home instead of in institutional care.

FLUSH

The aging services division of the department shall consider recommendations from the task force for the fund for a healthy Nevada concerning the independent living needs of senior citizens.

(f) Allocate for expenditure not more than 20 percent of all revenues deposited in the fund for a healthy Nevada each year for programs that improve health services for children and the health and well-being of persons with disabilities.

(g) Maximize expenditures through local, federal and private matching contributions.

(h) Ensure that any money expended from the fund for a healthy Nevada will not be used to supplant existing methods of funding that are available to public agencies.

(j) To make the allocations required by paragraphs (e) and (f):