THE ONE HUNDRED AND FOURTEENTH DAY
Carson City (Tuesday) May 29, 2001
Assembly called to order at 12:01 p.m.
Mr. Speaker presiding.
Roll called.
All present except Assemblyman Humke, who was excused.
Prayer by the Chaplain, Pastor Bruce Henderson.
Lord, it’s Tuesday. It is said that this day was named for the god of war. On this, our last Tuesday here, a war is all we need. Instead, we ask for a spirit of peace and tranquility from You, the Prince of Peace. Thank You.
Amen.
Pledge of allegiance to the Flag.
Assemblywoman Buckley moved that further reading of the Journal be dispensed with, and the Speaker and Chief Clerk be authorized to make the necessary corrections and additions.
Motion carried.
REPORTS OF COMMITTEES
Mr. Speaker:
Your Committee on Government Affairs, to which was referred Senate Bill No. 573, 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.
Douglas A. Bache, Chairman
Mr. Speaker:
Your Committee on Ways and Means, to which was referred Senate Bill No. 247, 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. 209, 505, 510, 519, 521, 588, 612, 658, 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. 515, 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 28, 2001
To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day respectfully refused to recede from its action on Assembly Bill No. 195, Senate Amendment No. 848, and requests a conference, and appointed Senators Amodei, Townsend and Schneider as a first Conference Committee to meet with a like committee of the Assembly.
Also, I have the honor to inform your honorable body that the Senate on this day concurred in the Assembly Amendment Nos. 668, 745 to Senate Bill No. 54; Assembly Amendment No. 1041 to Senate Bill No. 165; Assembly Amendment No. 971 to Senate Bill No. 243; Assembly Amendment No. 725 to Senate Bill No. 257; Assembly Amendments Nos. 606, 924, 925 to Senate Bill No. 260; Assembly Amendments Nos. 962, 1035 to Senate Bill No. 352; Assembly Amendment No. 724 to Senate Bill No. 396; Assembly Amendment No. 836 to Senate Bill No. 535.
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. 973 to Senate Bill No. 127; Assembly Amendment No. 726 to Senate Bill No. 303; Assembly Amendment No. 970 to Senate Bill No. 377; Assembly Amendments Nos. 740, 783 to Senate Bill No. 482.
Also, I have the honor to inform your honorable body that the Senate on this day appointed Senators Wiener, Porter and Washington as a first Conference Committee concerning Senate Bill No. 87.
Mary Jo Mongelli
Assistant Secretary of the Senate
UNFINISHED BUSINESS
Appointment of Conference Committees
Mr. Speaker appointed Assemblywomen Leslie, Smith and Tiffany as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Assembly Bill No. 195.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Bache moved that Senate Bill No. 573 be re-referred to the Committee on Ways and Means.
Motion carried.
By Assemblymen Perkins, Buckley, Hettrick, Anderson, Angle, Arberry, Bache, Beers, Berman, Brower, Brown, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Dini, Freeman, Gibbons, Giunchigliani, Goldwater, Gustavson, Humke, Koivisto, Lee, Leslie, Manendo, Marvel, McClain, Mortenson, Neighbors, Nolan, Oceguera, Ohrenschall, Parks, Parnell, Price, Smith, Tiffany, Von Tobel and Williams; Senators Raggio, Titus, Amodei, Care, Carlton, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O'Connell, O'Donnell, Porter, Rawson, Rhoads, Schneider, Shaffer, Townsend, Washington and Wiener:
Assembly Concurrent Resolution No. 39—Commending the Chief and staff of the State Printing Division of the Department of Administration for services rendered to the Nevada Legislature.
Whereas, Chief Donald L. Bailey, Sr., and the staff of the State Printing Division of the Department of Administration have worked long and hard to meet the needs of the 71st session of the Nevada Legislature, and their efforts have ensured timely and efficient printing of all bills, resolutions, histories, indices, and journals; and
Whereas, The work produced by the State Printing Division continues to meet the high standards of previous years because of the care that Chief Don Bailey and his excellent staff devote to every assignment given to them; and
Whereas, The departments of the printing office, including composition, offset, bindery and office staff, have set and achieved these high standards under the direction of Chief Bailey; and
Whereas, Without such outstanding service and continued cooperation from the Chief and his staff, the Legislature could not function or fulfill its obligations to the people of the State of Nevada; now, therefore, be it
Resolved by the assembly of the State of Nevada, the Senate Concurring, That the members of the 71st session of the Nevada Legislature hereby express their appreciation and commend Chief Donald L. Bailey, Sr., and the members of his staff at the State Printing Division of the Department of Administration for their dedication, cooperation and exceptional work; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Mr. Donald L. Bailey, Sr., Chief of the State Printing Division of the Department of Administration.
Assemblyman Manendo moved the adoption of the resolution.
Remarks by Assemblymen Manendo, Anderson, Price, Hettrick and Chowning.
Assemblyman Parks requested that the following remarks be entered in the Journal.
Assemblyman Manendo:
Thank you, Mr. Speaker. To you and through you to the body—Donald L. Bailey, Sr. wanted me to read a short letter into the record:
“Dear Mr. Speaker, through you to the members of the Assembly and Senate. We, the Nevada State Printing employees, wish to express our thanks for this recognition today. We would also like to thank you for your hard work during the 71st Legislative Session. We wish you well during the remainder of the Session.”
Today is actually a day that we recognize you folks. Today we see the leadership of the Printing Division. What we don’t see is the people behind the scenes that work very, very hard. I learned that during the session they run three shifts, while during the interim it is only one. These people that work so hard on behalf of all the citizens of the State allow us to accomplish our business. We really appreciate, not only the leadership you provide, but the people behind the scenes that I’m sure are working right now. We hear complaints about working until 9:00 but they are there all the time. Mr. Speaker, I ask this body to support this resolution.
Assemblyman Anderson:
I rise in support of our printing group. I believe it is the first and oldest labor union in the State of Nevada. Through the sessions I have been here the loyalty of the hard workers that are there on a day-to-day and night-to-night basis has proved that without them this just couldn’t happen. In keeping with that tradition they meet the highest order. I would feel negligent not to rise in support of those workers.
Assemblyman Price:
Thank you, Mr. Speaker. It is my pleasure also to rise in support of this resolution. I learned many years ago by becoming friends with Don and watching the work these folks do how fortunate we are. For any of you that haven’t been there, the print shop is across the street. It is worth the time to go by and see the work and how they operate to keep us up to date. We really, really appreciate it—you couldn’t do better. We thank you very much.
Assemblyman Hettrick:
Thank you, Mr. Speaker. I rise in support of ACR 39. I wanted to let Mr. Bailey and his staff know that we in the minority appreciate the work they do just as much as the majority does. We want them to know that their efforts are not overlooked or forgotten. We look at these books every day and realize that without your efforts and hard work we wouldn’t have these bills so we can work on them and move forward. We do appreciate everything you do.
Assemblywoman Chowning:
Thank you, Mr. Speaker. I just wanted to say that I also rise in support. If anybody saw the quality of the last newsletter, it was so professional, full color, slick, with beautiful pictures. The nicest thing about the newsletter was the compliments they gave all of us for the hard work that we do. The print shop is a part of our team, a proud part of the team and I want to tell them thank you.
Resolution adopted unanimously.
Assemblyman Manendo moved that all rules be suspended and that Assembly Concurrent Resolution No. 39 be immediately transmitted to the Senate.
Motion carried unanimously.
Assemblywoman Buckley moved that Assembly Bills Nos. 209, 505, 510, 515, 519, 521, 588, 612, 658 and Senate Bill No. 247 be placed on the Second Reading File.
Motion carried.
Assemblywoman Buckley moved that the reading of histories of all Bills on the Second Reading File and the General File be dispensed with for this legislative day.
Motion carried.
Assemblywoman Giunchigliani moved that Assembly Bill No. 319 be taken from the Chief Clerk’s desk and placed on the General File.
Remarks by Assemblywoman Giunchigliani.
Motion carried.
Assemblywoman Giunchigliani moved that Assembly Bill No. 460 be taken from the General File and placed on the Chief Clerk’s desk. Motion carried.
UNFINISHED BUSINESS
Assemblyman Anderson moved that the Assembly do not recede from its action on Senate Bill No. 482, 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 Assemblyman Anderson.
Motion carried.
Appointment of Conference Committees
Mr. Speaker appointed Assemblymen Manendo, Gustavson and Ohrenschall as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Senate Bill No. 482.
Consideration of Senate Amendments
Assembly Bill No. 455.
The following Senate amendment was read:
Amendment No. 682.
Amend sec. 8, page 2, line 22, by deleting “766.” and inserting:
“766, and any similar tax authorized by specific statute.”.
Amend sec. 11, page 2, line 29, by deleting “1562.” and inserting:
“1562, and any similar tax authorized by specific statute.”.
Amend sec. 19, page 5, line 11, after “contract” by inserting:
“pursuant to chapter 332 or 333 of NRS on or after the effective date of this section”.
Amend sec. 21, page 6, line 20, after “contract” by inserting:
“pursuant to chapter 332 or 333 of NRS on or after the effective date of this section”.
Assemblyman Goldwater moved that the Assembly concur in the Senate amendment to Assembly Bill No. 455.
Remarks by Assemblyman Goldwater.
Motion carried by a constitutional majority.
Bill ordered to enrollment.
SECOND READING AND AMENDMENT
Assembly Bill No. 209.
Bill read second time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 1131.
Amend the bill as a whole by deleting section 1 and inserting a new section designated section 1, following the enacting clause, to read as follows:
“Section 1. There is hereby appropriated from the state general fund to the Welfare Division of the Department of Human Resources the sum of $4,000,000 for energy bill assistance for low-income Nevadans.”.
Amend the title of the bill by deleting the second and third lines and inserting:
“Resources for energy bill assistance for low-income Nevadans; and”.
Amend the summary of the bill to read as follows:
“SUMMARY—Makes appropriation to Welfare Division of Department of Human Resources for energy bill assistance for low-income Nevadans. (BDR S‑979)”.
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. 505.
Bill read second time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 1133.
Amend section 1, page 1, line 3, by deleting “$537,085” and inserting “$329,107”.
Assemblyman Arberry moved the adoption of the amendment.
Remarks by Assemblyman Arberry.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 510.
Bill read second time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 1134.
Amend section 1, page 1, line 3, by deleting “$39,698” and inserting “$36,975”.
Assemblyman Arberry moved the adoption of the amendment.
Remarks by Assemblyman Arberry.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 515.
Assemblyman Arberry moved that Assembly Bill No. 515 be placed on the Chief Clerk’s desk.
Motion carried.
Assembly Bill No. 519.
Bill read second time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 1127.
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. There is hereby appropriated from the state general fund to the Department of Taxation the sum of $2,175,000 to be allocated as follows:
1. For implementation of Phase II of the Business Process
Re-Engineering Project, the sum of $1,300,000
2. For development of a document scanning and imaging
system, the sum of $800,000
3. For enhancement of the Local Government Financial Reporting
System, the sum of $75,000”.
Amend the title of the bill, second line, by deleting “Project;” and inserting:
“Project, development of a scanning and imaging system, and enhancement of the Local Government Financial Reporting System;”.
Amend the summary of the bill to read as follows:
Assemblyman Arberry moved the adoption of the amendment.
Remarks by Assemblyman Arberry.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 521.
Bill read second time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 1101.
Amend section 1, page 1, by deleting lines 1 through 3 and inserting:
“Section 1. 1. There is hereby appropriated from the state general fund to the Governor the sum of $325,000 to grant to the Nevada Commission for National and Community Service for use as matching money to obtain additional federal funding to continue its programs dedicated to promoting citizen volunteerism.
2. Upon acceptance of the money appropriated by subsection 1, the Nevada Commission for National and Community Service agrees to:
(a) Prepare and transmit a report to the Interim Finance Committee on or before December 15, 2002, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Nevada Commission for National and Community Service through December 1, 2002; and
(b) Upon request of the Legislative Commission, make available to the Legislative Auditor any of the Nevada Commission for National and Community Service’s books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise and irrespective of their form or location, that the Legislative Auditor deems necessary to conduct any audit of the use of the money appropriated pursuant to subsection 1.”.
Amend the title of the bill, first line, after “to” by inserting:
“the Governor for support of”.
Amend the summary of the bill to read as follows:
“SUMMARY—Makes appropriation to Governor for support of Nevada Commission for National and Community Service. (BDR S‑1350)”.
Assemblyman Arberry moved the adoption of the amendment.
Remarks by Assemblyman Arberry.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 588.
Bill read second time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 1128.
Amend section 1, page 1, line 2, by deleting “$400,000” and inserting “$160,000”.
Amend section 1, page 1, line 3, by deleting:
“account to approximately $400,000.” and inserting “account.”.
Assemblyman Arberry moved the adoption of the amendment.
Remarks by Assemblyman Arberry.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 612.
Bill read second time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 1129.
Amend sec. 3, page 2, line 29, by deleting “$1,000,000.” and inserting “$500,000.”.
Assemblyman Arberry moved the adoption of the amendment.
Remarks by Assemblyman Arberry.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 658.
Bill read second time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 1130.
Amend section 1, page 1, line 3, by deleting “$12,303,000” and inserting “$11,820,380”.
Assemblyman Arberry moved the adoption of the amendment.
Remarks by Assemblyman Arberry.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 247.
Bill read second time and ordered to third reading.
UNFINISHED BUSINESS
Consideration of Senate Amendments
Assembly Bill No. 442.
The following Senate amendment was read:
Amendment No. 945.
Amend the bill as a whole by deleting section 1 and adding new sections designated sections 1 and 2, following the enacting clause, to read as follows:
“Section 1. NRS 444.630 is hereby amended to read as follows:
444.630 1. [As used in this section, “garbage” includes swill, refuse, cans, bottles, paper, vegetable matter, carcass of any dead animal, offal from any slaughter pen or butcher shop, trash or rubbish.
2. Every] A person who [willfully] places, deposits or dumps, or who causes to be placed, deposited or dumped, or who causes or allows to overflow, any sewage, sludge, cesspool or septic tank effluent, or accumulation of human excreta, or any [garbage,] solid waste, in or upon any street, alley, public highway or road in common use, or upon any public park or other public property other than property designated or set aside for such a purpose by the governing body having charge thereof, or upon any private property , [into or upon which the public is admitted by easement, license or otherwise,] is guilty of :
(a) For a first offense within the immediately preceding 2 years, a misdemeanor. [and, if the convicted person agrees, he shall be sentenced to]
(b) For a second offense within the immediately preceding 2 years, a gross misdemeanor and shall be punished by imprisonment in the county jail for not fewer than 14 days but not more than 1 year.
(c) For a third or subsequent offense within the immediately preceding 2 years, a gross misdemeanor and shall be punished by imprisonment in the county jail for 1 year.
2. In addition to any criminal penalty imposed pursuant to subsection 1 and any civil penalty imposed pursuant to NRS 444.635, a court shall sentence a person convicted of violating subsection 1:
(a) If the person is a natural person, to clean up the dump site and perform 10 hours of work for the benefit of the community under the conditions prescribed in NRS 176.087.
(b) If the person is a business entity:
(1) For a first or second offense within the immediately preceding 2 years, to:
(I) Clean up the dump site; and
(II) Perform 40 hours of community service cleaning up other dump sites identified by the solid waste management authority.
(2) For a third or subsequent offense within the immediately preceding 2 years, to:
(I) Clean up the dump site; and
(II) Perform 200 hours of community service cleaning up other dump sites identified by the solid waste management authority.
3. If a person is sentenced to clean up a dump site pursuant to subsection 2, the person shall:
(a) Within 3 calendar days after sentencing, commence cleaning up the dump site; and
(b) Within 5 business days after cleaning up the dump site, provide to the solid waste management authority proof of the lawful disposal of the sewage, solid waste or other matter that the person was convicted of disposing of unlawfully.
The solid
waste management authority shall prescribe the forms of proof which may be
provided to satisfy the provisions of paragraph (b).
4. In addition to any other penalty prescribed by law, if a business entity is convicted of violating subsection 1:
(a) Such violation constitutes reasonable grounds for the revocation of any license to engage in business that has been issued to the business entity by any governmental entity of this state; and
(b) The solid waste management authority may seek the revocation of such a license by way of any applicable procedures established by the governmental entity that issued the license.
5. Except as otherwise provided in NRS 444.585, ownership of [garbage] solid waste does not transfer from the person who originally possessed it until it is received for transport by a person authorized to dispose of solid waste pursuant to this chapter or until it is disposed of at a municipal disposal site. Identification of the owner of any [garbage] solid waste which is disposed of in violation of subsection [2] 1 creates a reasonable inference that the owner is the person who disposed of the [garbage.] solid waste. The fact that the disposal of the [garbage] solid waste was not witnessed does not, in and of itself, preclude the identification of its owner.
[4.] 6. All:
(a) Health officers and their deputies;
(b) Game wardens;
(c) Police officers of cities and towns;
(d) Sheriffs and their deputies;
(e) Other peace officers of the State of Nevada; and
(f) Other persons who are specifically designated by the local government to do so,
shall, within their
respective jurisdictions, enforce the provisions of this section.
[5.] 7. A district health officer or his deputy or other person specifically designated by the local government to do so may issue a citation for any violation of this section which occurs within his jurisdiction.
[6.] 8. To effectuate the purposes of this section, the persons charged with enforcing this section may request information from any:
(a) Agency of the state or its political subdivisions.
(b) Employer, public or private.
(c) Employee organization or trust of any kind.
(d) Financial institution or other entity which is in the business of providing credit reports.
(e) Public utility.
Each of these
persons and entities, their officers and employees, shall cooperate by
providing any information in their possession which may aid in the location and
identification of a person believed to be in violation of subsection [2.] 1.
A disclosure made in good faith pursuant to this subsection does not give rise
to any action for damages for the disclosure.
Sec. 2. This act becomes effective upon passage and approval for the purpose of the solid waste management authority prescribing the forms of proof which may be provided to satisfy the provisions of paragraph (b) of subsection 3 of section 1 of this act, and on September 1, 2001, for all other purposes.”.
Amend the title of the bill to read as follows:
“AN ACT relating to sanitation; increasing the penalties for disposing of sewage or solid waste unlawfully; and providing other matters properly relating thereto.”
Amend the summary of the bill to read as follows:
“SUMMARY—Increases penalties for unlawful dumping of sewage or solid waste. (BDR 40‑252)”.
Assemblywoman Koivisto moved that the Assembly concur in the Senate amendment to Assembly Bill No. 442.
Remarks by Assemblywoman Koivisto.
Motion carried by a constitutional majority.
Bill ordered to enrollment.
Assembly Bill No. 313.
The following Senate amendment was read:
Amendment No. 1089.
Amend section 1, page 2, line 32, by deleting “NRS.” and inserting:
“NRS, whose primary duties of employment are the provision of emergency medical services.”.
Amend sec. 3, page 3, by deleting lines 22 through 49 on page 3 and line 1 on page 4, and inserting:
“616C.052 1. [If] Except as otherwise provided in section 4 of this act, if a police officer or a salaried or volunteer fireman is exposed to a contagious disease:
(a) Upon battery by an offender; or
(b) While performing the duties of a police officer or fireman,
the employer of the
police officer or fireman shall create and maintain a report concerning the
exposure that includes, without limitation, the name of each police officer or
fireman, as applicable, who was exposed to the contagious disease and the name
of each person, if any, to whom the police officer or fireman was exposed.
2. Except as otherwise provided in paragraph (d) of subsection 2 of NRS 616A.265, if the results of a physical examination administered pursuant to NRS 617.455 or 617.457 to a police officer or a salaried or volunteer fireman after the commencement of his employment reveal that the police officer or fireman tested positive for exposure to tuberculosis, the police officer or fireman is eligible, during his lifetime, to receive compensation pursuant to chapters 616A to 617, inclusive, of NRS for tuberculosis and any additional diseases or conditions that are associated with or result from tuberculosis.
3. [If] Except as otherwise provided in section 4 of this act, if the employment of a police officer or a salaried or volunteer fireman is terminated, voluntarily or involuntarily, the employer of the police officer or fireman shall:
(a) At the time of termination and at 3 months after the date of termination, provide to the police officer or fireman a purified protein derivative skin test to screen for exposure to tuberculosis, unless the police officer or fireman previously submitted to such a test and tested positive for exposure to tuberculosis. Except as otherwise provided in paragraph (d) of subsection 2 of NRS 6161A.265, if a skin test administered pursuant to this paragraph and provided to the employer reveals that the police officer or fireman tested positive for exposure to tuberculosis, the police officer or fireman is eligible, during his lifetime, to receive compensation pursuant to chapters 616A to 617, inclusive, of NRS for tuberculosis and any additional diseases or conditions that are associated with or result from tuberculosis.
(b) [At the time] Within 30 days after the date of termination and at 6 and 12 months after the date of termination, provide to the police officer or fireman a blood test or other appropriate test to screen for other contagious diseases, including, without limitation, hepatitis A, hepatitis B, hepatitis C and human immunodeficiency virus.If a blood test or other appropriate test administered pursuant to this paragraph and provided to the employer reveals that the police officer or fireman has any other contagious disease or the antibodies associated with a contagious disease, the police officer or fireman is eligible, during his lifetime, to receive compensation pursuant to chapters 616A to 617, inclusive, of NRS for such a disease and any additional diseases or conditions that are associated with or result from the contagious disease.
4. The former employer of a police officer or a salaried or volunteer fireman shall pay all the costs associated with providing skin and blood tests and other appropriate tests required pursuant to subsection 3.
5. As used in this section, the term “battery” includes, without”.
Amend sec. 4, page 4, line 49, by deleting “NRS.” and inserting:
“NRS, whose primary duties of employment are the provision of emergency medical services.”.
Amend sec. 5, page 5, line 16, after “2.” by inserting:
“Notwithstanding the provisions of section 4 of this act, a person who, on October 1, 2001, is employed as a full-time salaried fireman or emergency medical attendant in this state shall submit to a blood test to screen for hepatitis on or before November, 1, 2001. The blood test must be paid for by the employer of the person. If a person fails to submit to a blood test required by this subsection, the conclusive presumption relating to hepatitis otherwise created by section 4 of this act shall be deemed with regard to that person and for the purposes of section 4 of this act to be a rebuttable presumption that may only be rebutted by clear and convincing evidence that the hepatitis was not contracted during the period in which the person was employed as a full-time salaried firefighter or emergency medical attendant.
3.”.
Amend sec. 5, page 5, lines 22 and 23, by deleting:
“the conclusive presumption relating to hepatitis created by” and inserting:
“a rebuttable presumption that the hepatitis arose out of and in the course of his employment and is compensable in accordance with”.
Amend sec. 5, page 5, line 24, after “NRS.” by inserting:
“The presumption may only be rebutted by clear and convincing evidence that the hepatitis was not contracted during the period in which the person was employed as a full-time salaried firefighter or emergency medical attendant.”.
Amend sec. 5, page 5, line 25, by deleting “3.” and inserting “4.”.
Amend sec. 5, page 5, line 29, by deleting “NRS.” and inserting:
“NRS, whose primary duties of employment are the provision of emergency medical services.”.
Amend the title of the bill to read as follows:
“AN ACT relating to occupational diseases; creating statutory presumptions that hepatitis is an occupational disease for certain firemen and emergency medical attendants; establishing requirements of eligibility for the statutory presumptions; requiring the testing of such employees for the presence of hepatitis; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Creates statutory presumptions that hepatitis is occupational disease for certain employees. (BDR 53‑843)”.
Assemblyman Dini moved that the Assembly concur in the Senate amendment to Assembly Bill No. 313.
Remarks by Assemblyman Dini.
Motion carried by a constitutional majority.
Bill ordered to enrollment.
Assembly Bill No. 338.
The following Senate amendment was read:
Amendment No. 927.
Amend sec. 5, page 2, by deleting lines 40 through 45 and inserting:
“who provides accident benefits to pay to the provider of health care the amount which is allowed for the treatment or other services set forth in the schedule of fees and charges established pursuant to NRS 616C.260 or, if the insurer has contracted with an organization for managed care or with providers of health care pursuant to NRS 616B.527, the amount that is allowed for the treatment or other services under that contract. Within 30 days after receiving the payment, the provider of health care shall reimburse the injured employee for the amount paid in protest by him.”.
Amend sec. 7, page 4, by deleting lines 7 through 11 and inserting:
“refers the injured employee to a specialist for treatment, the treating physician or chiropractor shall provide to the injured employee a list that includes the name of each physician or chiropractor with that specialization who is on the panel. After receiving the list, the injured employee shall, at the time the referral is made, select a physician or chiropractor from the list.”.
Amend sec. 7, page 4, by deleting lines 28 through 39 and inserting:
“specialist for treatment, the treating physician or chiropractor shall provide to the injured employee a list that includes the name of each physician or chiropractor with that specialization who is available pursuant to the terms of the contract with the organization for managed care or with providers of health care services pursuant NRS 616B.527, as appropriate. After receiving the list, the injured employee shall, at the time the referral is made, select a physician or chiropractor from the list. If the employee fails to select a physician or chiropractor, the insurer may select a physician or chiropractor with that specialization. If a physician or chiropractor with that specialization is not available pursuant to the terms of the contract, the organization for managed care or the provider of health care services may select a physician or chiropractor with that specialization.”.
Amend the bill as a whole by deleting sections 8 and 9 and inserting:
“Secs. 8 and 9. (Deleted by amendment.)”.
Amend sec. 11, page 7, lines 1 and 2, by deleting:
“reimburse an injured employee for the payment of” and inserting “pay the”.
Amend sec. 12, page 8, lines 7 and 8, by deleting:
“reimburse an injured employee for the payment of” and inserting “pay the”.
Amend the bill as a whole by deleting sec. 13 and inserting:
“Sec. 13. (Deleted by amendment.)”.
Amend sec. 14, page 10, by deleting lines 39 through 42 and inserting:
“his accident is not required to comply with NRS 616C.545 to 616C.575, inclusive, and 616C.590 or the regulations adopted by the division governing vocational rehabilitation services if the employer offers the employee temporary, light-duty employment. Any offer of”.
Amend sec. 15, page 11, by deleting line 36 and inserting:
“disability, the insurer shall”.
Amend sec. 15, page 11, line 37, after “portion” by inserting:
“or a summary of that portion”.
Amend sec. 15, page 12, line 7, by deleting “or psychological”.
Amend sec. 15, page 12, by deleting lines 10 through 22.
Amend sec. 15, page 12, line 23, by deleting “7.” and inserting “[5.] 6.”.
Amend sec. 15, page 12, line 30, by deleting “8.” and inserting “7.”.
Amend sec. 15, page 12, line 44, by deleting “9.” and inserting “8.”.
Amend sec. 15, page 12, line 46, by deleting “10.” and inserting “9.”.
Amend sec. 15, page 13, line 3, by deleting “11.” and inserting “10.”.
Amend sec. 15, page 13, line 6, by deleting “12.” and inserting “11.”.
Amend sec. 15, page 13, line 9, by deleting “13.” and inserting “12.”.
Amend sec. 16, page 14, line 23, by deleting “8” and inserting “7”.
Amend sec. 18, page 16, line 22, by deleting “$25,000.” and inserting “$20,000.”.
Amend the bill as a whole by adding a new section designated sec. 20, following sec. 19, to read as follows:
“Sec. 20. This act becomes effective on July 1, 2002.”.
Amend the title of the bill to read as follows:
“AN ACT relating to workers’ compensation; requiring a hearing officer or appeals officer to order an insurer, organization for managed care, third-party administrator or employer to pay for treatment or other services provided to an employee by a provider of health care under certain circumstances; requiring an insurer to include in certain statements a notice setting forth the right of an injured employee to select an alternative treating physician or chiropractor; authorizing an injured employee to select an alternative treating physician or chiropractor under certain circumstances; requiring the administrator of the division of industrial relations of the department of business and industry to design a form notifying an injured employee of his right to select an alternative treating physician or chiropractor; requiring an insurer to deliver to a treating physician or chiropractor certain provisions relating to the evaluation of a permanent impairment under certain circumstances; revising the provisions governing eligibility for and duration of vocational rehabilitation services; and providing other matters properly relating thereto.”.
Assemblyman Dini moved that the Assembly concur in the Senate amendment to Assembly Bill No. 338.
Remarks by Assemblyman Dini.
Motion carried by a constitutional majority.
Bill ordered to enrollment.
Assembly Bill No. 452.
The following Senate amendment was read:
Amendment No. 853.
Amend section 1, page 1, line 14, by deleting “employees of”.
Amend sec. 3, page 2, line 19, by deleting “employees of”.
Amend sec. 5, page 2, line 44, by deleting “employees of”.
Amend sec. 8, page 3, line 34, by deleting “A” and inserting:
“Except as otherwise provided in NRS 422.273, a”.
Amend sec. 8, page 3, line 45, by deleting “employees of”.
Amend sec. 9, page 4, line 15, by deleting “subsection 3 of”.
Amend sec. 10, page 4, line 43, by deleting “employees of”.
Amend the bill as a whole by adding a new section designated sec. 12.5, following sec. 12, to read as follows:
“Sec. 12.5. NRS 422.273 is hereby amended to read as follows:
422.273 1. For any Medicaid managed care program established in the State of Nevada, the department shall contract only with a health maintenance organization that has:
(a) Negotiated in good faith with a federally-qualified health center to provide health care services for the health maintenance organization;
(b) Negotiated in good faith with the University Medical Center of Southern Nevada to provide inpatient and ambulatory services to recipients of Medicaid; and
(c) Negotiated in good faith with the University of Nevada School of Medicine to provide health care services to recipients of Medicaid.
Nothing in this
section shall be construed as exempting a federally-qualified health center, the
University Medical Center of Southern Nevada or the University of Nevada School
of Medicine from the requirements for contracting with the health maintenance
organization.
2. During the development and implementation of any Medicaid managed care program, the department shall cooperate with the University of Nevada School of Medicine by assisting in the provision of an adequate and diverse group of patients upon which the school may base its educational programs.
3. The University of Nevada School of Medicine may establish a nonprofit organization to assist in any research necessary for the development of a Medicaid managed care program, receive and accept gifts, grants and donations to support such a program and assist in establishing educational services about the program for recipients of Medicaid.
4. For the [purposes] purpose of contracting with a Medicaid managed care program pursuant to this section[:] , a health maintenance organization is exempt from the provisions of section 8 of this act.
5. As used in this section, unless the context otherwise requires:
(a) “Federally-qualified health center” has the meaning ascribed to it in 42 U.S.C. § 1396d(l)(2)(B).
(b) “Health maintenance organization” has the meaning ascribed to it in NRS 695C.030.”.
Amend sec. 13, page 6, line 46, by deleting:
“July 1, 2001.” and inserting:
“January 1, 2002.”
Amend sec. 14, page 7, line 2, by deleting:
“July 1, 2001.” and inserting:
“January 1, 2002.”
Assemblyman Dini moved that the Assembly concur in the Senate Amendment No. 853 to Assembly Bill No. 452.
Remarks by Assemblyman Dini.
Motion carried by a constitutional majority.
The following Senate amendment was read:
Amendment No. 1071.
Amend sec. 12, page 6, line 14, by deleting “date” and inserting “date,”.
Amend sec. 12, page 6, line 25, by deleting “30” and inserting “60”.
Assemblyman Dini moved that the Assembly concur in the Senate Amendment No. 1071 to Assembly Bill No. 452.
Remarks by Assemblyman Dini.
Motion carried by a constitutional majority.
Bill ordered to enrollment.
Assembly Bill No. 540.
The following Senate amendment was read:
Amendment No. 964.
Amend the bill as a whole by adding a new section designated sec. 3.5, following sec. 3, to read as follows:
“Sec. 3.5. NRS 482.071 is hereby amended to read as follows:
482.071 “Motor home” means a structure:
1. Attached permanently to a self-propelled motor vehicle chassis;
2. Designed as a temporary dwelling for travel, recreational or camping use; and
3. When assembled for the road, [having] has a maximum body width of [8 feet.] 102 inches.”.
Amend sec. 11, page 3, line 14, by deleting “1.” and inserting “[1.]”.
Amend sec. 11, page 3, by deleting lines 18 through 20 and inserting:
“trailer.
[2. A vehicle is not a travel trailer if, when equipped for highway use, it is more than 8 feet wide.] The term does not include a recreational park trailer.”.
Amend the bill as a whole by deleting sections 12 and 13 and inserting:
“Secs. 12 and 13. (Deleted by amendment.)”.
Amend the title of the bill to read as follows:
“AN ACT relating to vehicles; providing for the identification, registration, regulation, taxation and other treatment of recreational park trailers as recreational vehicles; revising certain statutory definitions of “motor home” and “travel trailer;” and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Provides for identification, registration, regulation, taxation and other treatment of recreational park trailers as recreational vehicles and revises certain statutory definitions of “motor home” and “travel trailer.” (BDR 43‑799)”.
Assemblyman Dini moved that the Assembly concur in the Senate amendment to Assembly Bill No. 540.
Remarks by Assemblyman Dini.
Motion carried by a constitutional majority.
Bill ordered to enrollment.
Assembly Bill No. 619.
The following Senate amendment was read:
Amendment No. 1043.
Amend sec. 2, page 1, lines 3, 7, 9, 10, 12 and 14, by deleting “mobile” and inserting “manufactured”.
Amend sec. 3, page 2, by deleting line 2 and inserting:
“cause to be moved a manufactured home or recreational vehicle into the manufactured”.
Amend sec. 3, page 2, lines 4, 5 and 7, by deleting “mobile” and inserting “manufactured”.
Amend sec. 3, page 2, by deleting line 17 and inserting:
“be moved a manufactured home or recreational vehicle into a manufactured home park”.
Amend sec. 3, page 2, line 20, by deleting “mobile” and inserting “manufactured”.
Amend sec. 4, page 2, lines 23 and 25, by deleting “mobile” and inserting “manufactured”.
Amend sec. 4, page 2, by deleting line 26 and inserting:
“the manufactured home park or other common area in the manufactured home park, a”.
Amend sec. 4, page 2, lines 27, 31, 35, 37, 38 and 44, by deleting “mobile” and inserting “manufactured”.
Amend sec. 6, page 3, line 12, by deleting “[,]”.
Amend sec. 6, page 3, line 34, by deleting “mobile” and inserting “manufactured”.
Amend sec. 7, page 4, lines 11 and 15, by deleting “mobile” and inserting “manufactured”.
Amend sec. 7, page 4, line 21 by deleting “trees” and inserting “trees,”.
Amend sec. 7, pages 23, 25 and 28, by deleting “mobile” and inserting “manufactured”.
Amend sec. 8, page 4, lines 34, 35, 37, 40 and 42, by deleting “mobile” and inserting “manufactured”.
Amend sec. 8, page 4, by deleting line 43 and inserting:
“the manufactured home park even if the manufactured home or recreational vehicle is to”.
Amend sec. 8, page 4, line 44, by deleting “mobile” and inserting “manufactured”.
Amend sec. 8, page 5, line 12, after “holidays,” by inserting “for”.
Amend sec. 8, page 5, line 18, by deleting “mobile” and inserting “manufactured”.
Amend sec. 9, page 5, line 31, by deleting “mobile” and inserting “manufactured”.
Amend sec. 9, page 5, line 32, by deleting “mobile” and inserting “manufactured”.
Amend sec. 9, page 6, lines 5 and 7, by deleting “mobile” and inserting “manufactured”.
Amend sec. 9, page 6, lines 27 and 40, by deleting “mobile” and inserting “manufactured”.
Amend sec. 10, page 7, lines 23, 32, 34, 36, 38, 41, 44, 47 and 49, by deleting “mobile” and inserting “manufactured”.
Amend sec. 11, page 8, lines 1 and 2, by deleting “mobile” and inserting “manufactured”.
Amend sec. 12, page 8, lines 7, 8, 12, 13, 17 and 21, by deleting “mobile” and inserting “manufactured”.
Amend sec. 12, page 8, by deleting line 24 and inserting:
“tenant of a manufactured home or recreational vehicle and the manufactured home or”.
Amend sec. 12, page 8, lines 36, 37, 38, 39, 40, 42 and 46 by deleting “mobile” and inserting “manufactured”.
Amend sec. 13, page 8, by deleting line 47 and inserting:
“of a manufactured home park for sale with a licensed real estate broker shall, not”.
Amend sec. 13, page 9, line 4, by deleting:
“In order to” and inserting “To”.
Amend sec. 13, page 9, line 5, by deleting “mobile” and inserting “manufactured”.
Amend sec. 14, page 9, line 15, by deleting “mobile” and inserting “manufactured”.
Amend sec. 14, page 9, by deleting line 16, and inserting:
“into individual manufactured home lots for sale to manufactured home owners if the”.
Amend sec. 14, page 9, lines 28, 29, 31, 32, 34 and 40, by deleting “mobile” and inserting “manufactured”.
Amend sec. 14, page 9, by deleting line 41 and inserting:
“2. Upon the sale of a manufactured home lot and a manufactured home which is”.
Amend sec. 14, page 9, by deleting line 43 and inserting:
“price is for the manufactured home lot and what portion is for the manufactured home.”.
Amend sec. 15, page 9, line 47, by deleting “mobile” and inserting “manufactured”.
Amend sec. 15, page 10, lines 5, 6, 8, 9, 11, 17 and 20, by deleting “mobile” and inserting “manufactured”.
Amend sec. 17, page 11, by deleting lines 6 through 14 and inserting:
“1. The division shall adopt regulations for the issuance of limited resale licenses authorizing a landlord or manager to sell a used mobile home. Regulations adopted pursuant to this section must specify the requirements for licensure, including, without limitation, any educational requirements.
2. A person who is licensed pursuant to the regulations described in subsection 1 may sell a used mobile home if:
(a) The mobile home is located in a mobile home park that the landlord or manager owns, leases or manages; and
(b) The landlord or manager purchased the mobile home at a sale to enforce a lien pursuant to NRS 108.270 to 108.360, inclusive.”.
Amend sec. 17, page 11, line 15, by deleting “2.” and inserting “3.”.
Amend sec. 17, page 11, after line 17, by inserting:
“(c) “Mobile home park” has the meaning ascribed to “manufactured home park” in NRS 118B.017.”.
Amend the bill as a whole by adding a new section designated sec. 18, following sec. 17, to read as follows:
“Sec. 18. 1. This section and sections 1 to 5, inclusive, 16 and 17 of this act become effective on October 1, 2001.
2. Sections 6 to 15, inclusive, of this act become effective at 12:01 a.m. on October 1, 2001.”.
Amend the title of the bill to read as follows:
“AN ACT relating to manufactured home parks; authorizing the landlord of a manufactured home park to require written consent before a personmoves a manufactured home or recreational vehicle into the manufactured home park; providing certain statutory exceptions for corporate cooperative parks; requiring the landlord of a manufactured home park to post periodically a report on the quality of water supplied to the manufactured home park; authorizing the landlord of a manufactured home park to impose certain requirements relating to the occupancy of manufactured homes; providing that certain prohibitions relating to increases in rent for manufactured homes and manufactured home lots apply to long-term leases; reducing certain periods of notice required before a landlord may bring an action for an unlawful detainer or terminate a written agreement; requiring the manufactured housing division of the department of business and industry to create a limited license authorizing the landlord or manager of a manufactured home park to resell a manufactured home under certain circumstances; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY─Revises certain provisions governing manufactured home parks. (BDR 10-1090)”.
Assemblyman Dini moved that the Assembly concur in the Senate Amendment No. 1043 to Assembly Bill No. 619.
Remarks by Assemblyman Dini.
Motion carried by a constitutional majority.
The following Senate amendment was read:
Amendment No. 1080.
Amend the bill as a whole by renumbering sections 7 through 18 as sections 8 through 19 and adding a new section designated sec. 7, following sec. 6, to read as follows:
“Sec. 7. NRS 118B.110 is hereby amended to read as follows:
118B.110 1. The landlord shall meet with a representative group of tenants occupying the park, chosen by the tenants, to hear any complaints or suggestions which concern a matter relevant to the park within 45 days after he receives a written request to do so which has been signed by persons occupying at least 25 percent of the lots in the park. The 25 percent must be calculated on the basis of one signature per occupied lot. The meeting must be held at a time and place which is convenient to the landlord and the tenants. The representative group of tenants must consist of no more than five persons.
2. At least 10 days before any meeting is held pursuant to this section , the landlord or his agent shall post a notice of the meeting in a conspicuous place in a common area of the park.
3. If the landlord is not a natural person, the landlord shall appoint a natural person, not the manager or assistant manager, who possesses a financial interest in the manufactured home park to meet with the tenants.
4. If an attorney for the landlord attends a meeting held pursuant to this section, the landlord shall not prohibit the group of tenants from being represented by an attorney at that meeting.
5. If the landlord of a manufactured home park is a cooperative association or a corporation for public benefit, the landlord shall provide a notice of the meeting to the administrator and the administrator or his representative shall attend the meeting.
6. As used in this section:
(a) “Cooperative association” means an association formed pursuant to the provisions of NRS 81.170 to 81.270, inclusive.
(b) “Corporation for public benefit” has the meaning ascribed to it in NRS 82.021.”.
Amend sec. 18, page 11, line 43, by deleting:
“16 and 17” and inserting:
“17 and 18”.
Amend sec. 18, page 11, line 45, by deleting “15,” and inserting “16,”.
Amend the title of the bill, sixth line, after “park;” by inserting:
“requiring the attendance of the administrator of the manufactured housing division of the department of business and industry or his representative at certain meetings between a landlord and tenant;”.
Assemblyman Dini moved that the Assembly concur in the Senate Amendment No. 1080 to Assembly Bill No. 619.
Remarks by Assemblyman Dini.
Motion carried by a constitutional majority.
Bill ordered to enrollment.
Assembly Bill No. 483.
The following Senate amendment was read:
Amendment No. 769.
Amend the bill as a whole by renumbering section 1 as sec. 2 and adding a new section designated section 1, following the enacting clause, to read as follows:
“Section 1. Chapter 294A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.”.
Amend section 1, page 1, by deleting lines 1 through 3 and inserting:
“Sec. 2. 1. Except as otherwise provided in section 3 of this act, each report of campaign contributions and expenses that is filed”.
Amend section 1, page 2, by deleting line 18 and inserting:
“reporting period as reconciled with the most recent bank statements for those accounts”.
Amend section 1, page 3, between lines 9 and 10, by inserting:
“4. As used in this section:
(a) “Contribution” does not include the value of goods and services provided in kind for which money would have otherwise been paid.
(b) ”Expense” does not include the value of goods and services provided in kind for which money would have otherwise been paid.”.
Amend the bill as a whole by renumbering sections 2 through 9 as sections 4 through 11 and adding a new section designated sec. 3, following section 1, to read as follows:
“Sec. 3. 1. In addition to the form set forth in section 2 of this act, each candidate who is required to file a report of campaign contributions and expenses pursuant to NRS 294A.120, 294A.125, 294A.200 or 294A.360 must file a separate form relating to goods and services provided in kind for which money would otherwise have been paid. The candidate shall list on the form each such campaign contribution he receives and expense he incurs during the reporting period.
2. The secretary of state shall design the form described in subsection 1 for each candidate who is required to use the form to file a report pursuant to NRS 294A.120, 294A.125 or 294A.200. The city clerk shall design the form described in subsection 1 for each candidate who is required to use the form to file a report pursuant to NRS 294A.360. The secretary of state and each city clerk shall design the format of the form described in subsection 1 so that a candidate who uses the form may record in the form a list of each such campaign contribution as the contribution is received and expense in excess of $100 as it is incurred.
3. Upon request, the secretary of state shall provide a copy of the form described in subsection 1 to each candidate who is required to file a report of his campaign contributions and expenses pursuant to NRS 294A.120, 294A.125 or 294A.200. Upon request, each city clerk shall provide a copy of the form described in subsection 1 to each candidate who is required to file a report of his campaign contributions and expenses pursuant to NRS 294A.360.”.
Amend sec. 2, page 3, by deleting lines 16 and 17 and inserting:
“during the period on the forms provided by the secretary of state pursuant to sections 2 and 3 of this act. Each form must be signed by the”.
Amend sec. 2, page 3, by deleting lines 44 and 45 and inserting:
“the forms [designed and] provided by the secretary of state [and] pursuant to sections 2 and 3 of this act. Each form must be signed by the”.
Amend sec. 2, page 4, by deleting lines 13 and 14 and inserting:
“the forms provided by the secretary of state pursuant to sections 2 and 3 of this act. Each form must be signed by the candidate under penalty of perjury.”.
Amend sec. 2, page 4, by deleting lines 22 and 23 and inserting:
“the forms [designed and] provided by the secretary of state [and] pursuant to sections 2 and 3 of this act. Each form must be signed by the”.
Amend sec. 2, page 4, by deleting lines 28 and 29 and inserting:
“the forms [designed and] provided by the secretary of state pursuant to sections 2 and 3 of this act and signed by the candidate under penalty of”.
Amend sec. 2, page 4, line 40, by deleting “report” and inserting “[report] reports”.
Amend sec. 3, page 5, by deleting lines 24 and 25 and inserting:
“designed and] the forms provided by the secretary of state pursuant to sections 2 and 3 of this act and must be signed by the candidate under penalty of”.
Amend sec. 3, page 5, line 36, by deleting “report” and inserting “[report] reports”.
Amend sec. 3, page 5, line 39, by deleting “report” and inserting “[report] reports”.
Amend sec. 3, page 5, line 43, by deleting “the” and inserting “[the] a”.
Amend sec. 4, page 6, by deleting lines 7 through 9 and inserting:
“that he incurs during the period on the forms provided by the secretary of state pursuant to sections 2 and 3 of this act. Each such candidate shall, not later than January 15 of each year that the provisions of this subsection apply to the candidate, for the period from January 1 of the previous year through December 31 of the previous year, list each amount in excess of $100 that he disposes of pursuant to NRS 294A.160 during the period on the form provided by the secretary of state pursuant to section 2 of this act. Each form must”.
Amend sec. 4, page 6, by deleting lines 39 and 40 and inserting:
“the period on the forms [designed and] provided by the secretary of state [and] pursuant to sections 2 and 3 of this act. Each form must be signed”.
Amend sec. 4, page 7, by deleting lines 8 and 9 and inserting:
“during the period on the forms provided by the secretary of state pursuant to sections 2 and 3 of this act. Each form must be signed by the”.
Amend sec. 4, page 7, by deleting lines 18 and 19 and inserting:
“the period on the forms [designed and] provided by the secretary of state [and] pursuant to sections 2 and 3 of this act . Each form must be signed”.
Amend sec. 4, page 7, by deleting lines 24 and 25 and inserting:
“that he incurs on the forms [designed and] provided by the secretary of state pursuant to sections 2 and 3 of this act and signed by the candidate”.
Amend sec. 4, page 7, line 37, by deleting “report” and inserting “[report] reports”.
Amend sec. 6, page 10, line 2, by deleting “Goods” and inserting:
“[Goods] Except as otherwise provided in section 3 of this act, goods”.
Amend the bill as a whole by adding a new section designated sec. 12, following sec. 9, to read as follows:
“Sec. 12. This act becomes effective on January 1, 2002.”.
Amend the title of the bill by deleting the first through third lines and inserting:
“AN ACT relating to elections; establishing the general form to be used by a candidate for reporting certain campaign contributions and expenses; requiring the secretary of state and each city clerk to design the form to be used by a candidate for reporting in kind campaign contributions and expenses; revising the dates for filing those reports; revising the reporting period included in those reports; revising provisions”.
Assemblywoman Giunchigliani moved that the Assembly do not concur in the Senate Amendment No. 769 to Assembly Bill No. 483.
Remarks by Assemblywoman Giunchigliani.
Motion carried.
The following Senate amendment was read:
Amendment No. 1112.
Amend sec. 2, page 1, by deleting lines 10 through 15 and inserting:
“1. Total amount of contributions received”.
Amend sec. 2, page 2, line 1, by deleting “3.” and inserting “2.”.
Amend sec. 2, page 2, line 4, by deleting:
“4. The total” and inserting:
“3. Total amount of any interest and income earned for the campaign during the reporting period
4. Total amount of all contributions received during the reporting period
5. Total”.
Amend sec. 2, page 2, line 9, by deleting:
“5. The total” and inserting “6. Total”.
Amend sec. 2, page 2, by deleting lines 13 through 19 and inserting:
“7. Total amount of all expenses incurred during the reporting period
Assemblywoman Giunchigliani moved that the Assembly do not concur in the Senate Amendment No. 1112 to Assembly Bill No. 483.
Remarks by Assemblywoman Giunchigliani.
Motion carried.
Bill ordered transmitted to the Senate.
Assembly Bill No. 637.
The following Senate amendment was read:
Amendment No. 830.
Amend the bill as a whole by deleting sections 6 through 9 and inserting:
“Secs. 6-9. (Deleted by amendment.)”.
Amend sec. 21, page 11, by deleting line 7 and inserting:
“for at least 22 months [. All] and all such sealed materials must be destroyed”.
Amend sec. 36, page 21, by deleting lines 22 and 23 and inserting:
“described by this subsection must be preserved for at least 22 months [. All] and all such sealed materials must be destroyed immediately after that”.
Amend the bill as a whole by deleting sec. 45 and inserting:
“Sec. 45. (Deleted by amendment.)”.
Amend sec. 46, page 25, line 3, by deleting “and thirty” and inserting “and thirty”.
Amend sec. 46, page 25, lines 10 and 11, by deleting:
“paragraph (a) of”.
Amend sec. 49, page 27, lines 4 and 5, by deleting “4 months” and inserting “130 days”.
Amend sec. 51, page 28, line 27, by deleting “and thirty” and inserting “and thirty”.
Amend sec. 51, page 28, lines 34 and 35, be deleting:
“paragraph (a) of”.
Amend sec. 54, page 30, line 46, by deleting:
“request that the county clerk” and inserting:
“request that the county clerk”.
Amend the bill as a whole by deleting sec. 55 and inserting:
“Sec. 55. (Deleted by amendment.)”.
Amend the bill as a whole by deleting sec. 61 and inserting:
“Sec. 61. (Deleted by amendment.)”.
Amend sec. 64, page 34, by deleting lines 5 and 6 and inserting:
“purpose relating to an election or to candidates or issues involved in an election, any organization, group or person”.
Amend sec. 64, page 34, by deleting lines 8 through 11 and inserting:
“agency which has custody of the official records of voters [shall:] shall, except as otherwise provided in NRS 293.558:
1. Permit the organization, group or person to copy the names and addresses of voters from the official register of voters; or
2. Furnish such a list upon payment of the cost established by state election law.”.
Amend the title of the bill to read as follows:
“AN ACT relating to elections; providing for a person without a street address to register to vote; clarifying who may sign a petition to fill a vacancy in a nomination for a nonpartisan office; allowing certain persons who change designations of political party affiliation to be independent or minor party candidates for partisan office; revising the requirements concerning certain requests for absent ballots and voting by persons who request absent ballots; revising the requirements for handling and maintaining election materials after an election; revising the requirements concerning the form, contents and filing of certain applications to register to vote; prohibiting the public disclosure of certain information concerning voters; providing for the verification of signatures on county and municipal petitions; removing the option of submitting supplements to certain county and municipal petitions; requiring notice to be given upon an appointment to fill a vacancy in an elected office; repealing the requirement that checklists of voters be created for elections; repealing the restriction on the length of time a voter may remain in a voting booth; and providing other matters properly relating thereto.”.
Assemblywoman Giunchigliani moved that the Assembly do not concur in the Senate amendment to Assembly Bill No. 637.
Remarks by Assemblywoman Giunchigliani.
Motion carried.
Bill ordered transmitted to the Senate.
Assembly Bill No. 638.
The following Senate amendment was read:
Amendment No. 932.
Amend the bill as a whole by deleting sec. 3 and inserting:
“Sec. 3. (Deleted by amendment.)”.
Amend the bill as a whole by deleting sec. 6 and inserting:
“Sec. 6. (Deleted by amendment.)”.
Amend the bill as a whole by deleting sec. 8 and inserting:
“Sec. 8. (Deleted by amendment.)”.
Amend the bill as a whole by deleting sec. 11 and inserting:
“Sec. 11. (Deleted by amendment.)”.
Amend the bill as a whole by deleting sec. 13 and inserting:
“Sec. 13. (Deleted by amendment.)”.
Amend the bill as a whole by deleting sec. 15 and inserting:
“Sec. 15. (Deleted by amendment.)”.
Amend sec. 20, page 12, by deleting lines 8 and 9 and inserting:
“(b) Any member of a board, commission or other body whose function”.
Amend sec. 20, page 12, line 11, by deleting “(d)” and inserting “(c)”.
Amend sec. 20, page 12, line 15, by deleting “(e)” and inserting “(d)”.
Amend the bill as a whole by deleting sec. 21 and inserting:
“Sec. 21. (Deleted by amendment.)”.
Amend the bill as a whole by adding a new section designated sec. 27, following sec. 26, to read as follows:
“Sec. 27. Section 20 of this act becomes effective at 12:01 a.m. on October 1, 2001.”.
Amend the title of the bill by deleting the third through eighth lines and inserting:
“who initiated the challenge; clarifying the treatment of special absent ballots; revising the procedures for closing a polling place and counting ballots; revising the provisions governing voting by a new resident for President and Vice President; revising the requirement that a judicial officer and a”.
Assemblywoman Giunchigliani moved that the Assembly concur in the Senate amendment to Assembly Bill No. 638.
Remarks by Assemblywoman Giunchigliani.
Motion carried by a constitutional majority.
Bill ordered to enrollment.
Assembly Bill No. 451.
The following Senate amendment was read:
Amendment No. 936.
Amend section 1, page 1, line 6, by deleting “county” and inserting:
“county, except property of the county that is operated or occupied by the county fair and recreation board,”.
Amend section 1, page 1, by deleting lines 9 and 10 and inserting:
“is [let to or for any nonprofit charitable or civic organization,] leased or conveyed to a corporation for public benefit, and the property is actually used for charitable or civic”.
Amend section 1, page 1, line 15, by deleting “an organization” and inserting:
“a corporation for public benefit”.
Amend section 1, page 1, after line 17, by inserting:
“4. As used in this section, “corporation for public benefit” has the meaning ascribed to it in NRS 82.021.”.
Amend sec. 2, page 2, line 4, by deleting:
“nonprofit charitable or civic organization” and inserting:
“corporation for public benefit”.
Amend sec. 2, page 2, line 9, by deleting “an organization” and inserting:
“a corporation for public benefit”.
Amend sec. 2, page 2, between lines 11 and 12, by inserting:
“4. As used in this section, “corporation for public benefit” has the meaning ascribed to it in NRS 82.021.”.
Amend the title of the bill, second line, by deleting:
“certain nonprofit organizations” and inserting:
“corporations for public benefit”.
Amend the summary of the bill to read as follows:
“SUMMARY—Authorizes certain local governments to donate real property to corporations for public benefit in certain circumstances. (BDR 20‑369)”.
Assemblyman Bache moved that the Assembly concur in the Senate amendment to Assembly Bill No. 451.
Remarks by Assemblyman Bache.
Motion carried by a constitutional majority.
Bill ordered to enrollment.
Assembly Bill No. 490.
The following Senate amendment was read:
Amendment No. 934.
Amend the bill as a whole by deleting sections 1 through 6 and adding new sections designated sections 1 through 6, following the enacting clause, to read as follows:
“Section 1. Chapter 244 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. As used in sections 2 to 5, inclusive, of this act, unless the context otherwise requires, “committee” means an advisory committee on aircraft noise established pursuant to section 3 of this act.
Sec. 3. 1. The board of county commissioners of each county whose population is 400,000 or more may establish by ordinance an advisory committee on aircraft noise.
2. If a board of county commissioners establishes a committee, the board shall appoint to the committee 11 members as follows:
(a) Four members who live in neighborhoods affected by aircraft noise;
(b) One member who lives in a neighborhood that is adjacent to an airport;
(c) One member who represents commercial operators of helicopters;
(d) One member who represents general aviation;
(e) One member who represents the division of Air Traffic Services of the Federal Aviation Administration;
(f) One member who represents a business that is affected by aircraft noise or is adjacent to an airport;
(g) One member who represents the department of aviation of the county; and
(h) One member who represents the board of county commissioners of the county.
3. The members of the committee shall serve terms of 2 years. Members may be reappointed for additional terms of 2 years in the same manner as the original appointments. Any vacancy occurring in the membership of the committee must be filled in the same manner as the original appointment.
4. The board of county commissioners shall appoint one of the members as chairman of the committee, who shall serve as chairman for a term of 1 year. If a vacancy occurs in the chairmanship, the vacancy must be filled in the same manner as the original selection for the remainder of the unexpired term.
5. The members of the committee serve without compensation.
6. The committee shall:
(a) Meet upon the call of the chairman; and
(b) Comply with the provisions of chapter 241 of NRS.
Sec. 4. 1. Except as otherwise provided in subsection 2, the committee may:
(a) Examine and assess laws and any other information related to problems of aircraft noise in the county, including, without limitation, existing and proposed flight paths for aircraft;
(b) Promote increased communication regarding aircraft noise among relevant public entities and between those entities and the general public; and
(c) With due regard for the safety and efficiency of the aviation industry, advise and consult with the Federal Aviation Administration, the board of county commissioners and all other relevant federal, state and local governmental agencies, bodies and officials regarding new and existing programs and approaches for abating aircraft noise.
2. The provisions of this section do not authorize the committee to take any action with respect to any aircraft that is operated:
(a) In commercial aviation pursuant to 14 C.F.R. Part 121 or 14 C.F.R. Part 135, or both;
(b) As an air ambulance, as that term is defined in NRS 450B.030; or
(c) By or in cooperation with a law enforcement agency.
Sec. 5. 1. Except as otherwise provided in subsection 2, the board of county commissioners of each county whose population is 400,000 or more shall enact and enforce ordinances requiring the county airport to:
(a) Establish a toll-free telephone number for persons to report information regarding alleged violations of rules or regulations pertaining to aircraft noise, including, without limitation, deviations from established flight paths; and
(b) Compile and maintain a record of each complaint that alleges a violation of a rule or regulation pertaining to aircraft noise.
2. An ordinance enacted pursuant to this section must not apply to any aircraft that is operated:
(a) As an air ambulance, as that term is defined in NRS 450B.030; or
(b) By or in cooperation with a law enforcement agency.
Sec. 6. The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.”.
Amend the title of the bill to read as follows:
“AN ACT relating to counties; authorizing certain counties to establish an advisory committee on aircraft noise; excluding from the purview of the committee the operation of certain types of aircraft; requiring certain counties to enact and enforce certain ordinances concerning the reporting of certain aircraft noise; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARYľAuthorizes certain counties to establish advisory committee on aircraft noise and prescribes powers and duties of committee. (BDR 20‑154)”.
Assemblyman Bache moved that the Assembly concur in the Senate amendment to Assembly Bill No. 490.
Remarks by Assemblyman Bache.
Motion carried by a constitutional majority.
Bill ordered to enrollment.
Assembly Bill No. 430.
The following Senate amendment was read:
Amendment No. 937.
Amend section 1, pages 1 and 2, by deleting lines 18 through 21 on page 1 and lines 1 through 16 on page 2, and inserting:
“located. The notice must specify the purpose, date, time and location of the hearing.
3. Except as otherwise provided in this subsection, if, after the hearing, the board determines that the unit referenced in the affidavit submitted pursuant to subsection 1 is being used as a dwelling unit, the board may adopt a resolution by the affirmative votes of not less than two-thirds of the total membership of the board to charge the owner pursuant to NRS 318.197 for the services provided by the district to the dwelling unit. The board shall not adopt such a resolution if the owner provides evidence satisfactory to the board that the unit referenced in the affidavit is not being used as a dwelling unit.”.
Assemblyman Bache moved that the Assembly concur in the Senate amendment to Assembly Bill No. 430.
Remarks by Assemblyman Bache.
Motion carried by a constitutional majority.
Bill ordered to enrollment.
Assembly Bill No. 413.
The following Senate amendment was read:
Amendment No. 938.
Amend section 1, page 1, line 8, after “created” by inserting:
“before July 1, 2001,”.
Amend section 1, page 1, by deleting line 10 and inserting:
“to affect adversely the continued existence of a public agency that”.
Amend sec. 2, page 1, by deleting lines 12 and 13 and inserting:
“Sec. 2. This act becomes effective upon passage and approval.”.
Amend the title of the bill to read as follows:
“AN ACT relating to cooperative agreements; prohibiting the operation of certain legal entities created by cooperative agreements between public agencies in such a manner as to affect adversely the continued existence of a public agency that is not a party to such an agreement; and providing other matters properly relating thereto.”.
Assemblyman Bache moved that the Assembly concur in the Senate amendment to Assembly Bill No. 413.
Remarks by Assemblyman Bache.
Motion carried by a constitutional majority.
Bill ordered to enrollment.
Assembly Bill No. 560.
The following Senate amendment was read:
Amendment No. 933.
Amend section 1, page 1, by deleting lines 6 and 7 and inserting:
“and may temporarily stop [the movement of livestock and carcasses for the purpose of inspection.] a vehicle in the enforcement of the provisions of Titles 49 and 50 of NRS and chapters 581, 582, 583, 586, 587, 588 and 590 of NRS.”.
Amend sec. 4, page 4, line 9, after “certified.” by inserting:
“A person who fails to become certified within the required time shall not exercise any of the powers of a peace officer after the time for becoming certified has expired.”.
Amend the bill as a whole by renumbering sec. 6 as sec. 7 and adding a new section designated sec. 6, following sec. 5, to read as follows:
“Sec. 6. The amendatory provisions of section 4 of this act do not apply until July 1, 2002, to a person who has commenced employment as a peace officer before July 1, 2001, and who is required to be certified pursuant to NRS 289.550 but has not been certified by July 1, 2001.”.
Amend the title of the bill by deleting the seventh line and inserting:
“personnel as field agents and expanding their authority to stop vehicles temporarily; and providing other matters properly relating thereto.”.
Assemblyman Bache moved that the Assembly concur in the Senate amendment to Assembly Bill No. 560.
Remarks by Assemblyman Bache.
Motion carried by a constitutional majority.
Bill ordered to enrollment.
Assembly Bill No. 568.
The following Senate amendment was read:
Amendment No. 1050.
Amend sec. 20, page 10, line 39, after “247.180” by inserting “1.”.
Amend sec. 20, page 10, after line 48, by inserting:
“2. A county recorder who records an instrument pursuant to this section shall, within 7 working days after he records the instrument, provide to the county assessor at no charge:
(a) A duplicate copy of the instrument and any supporting documents; or
(b) Access to the digital instrument and any digital supporting documents.”.
Amend sec. 53, page 26, line 12, after “2.” by inserting:
“The county recorder shall not record with respect to real property any conveyance of real property or instrument in writing setting forth an agreement to convey real property unless the document being recorded contains the name and address of the person to whom a statement of the taxes assessed on the real property is to be mailed.
3.”.
Amend sec. 53, page 26, between lines 13 and 14, by inserting:
“[3.] 4. Except as otherwise provided in subsection [4,] 5, if a document that is being recorded includes a legal description of real property that is provided in metes and bounds, the document must include the name and mailing address of the person who prepared the legal description. The county recorder is not required to verify the accuracy of the name and mailing address of such a person.
[4.] 5. If a document described in subsection [3] 4 previously has been recorded, the document must include all information necessary to identify and locate the previous recording, but the name and mailing address of the person who prepared the legal description is not required for the document to be recorded. The county recorder is not required to verify the accuracy of the information concerning the previous recording.”.
Amend sec. 60, page 28, between lines 41 and 42, by inserting:
“7. A county recorder who records a map or plat pursuant to this section shall, within 7 working days after he records the map or plat, provide to the county assessor at no charge:
(a) A duplicate copy of the map or plat and any supporting documents; or
(b) Access to the digital map or plat and any digital supporting documents.”.
Amend sec. 66, page 31, between lines 38 and 39, by inserting:
“4. 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 the bill as a whole by deleting sec. 73 and adding a new section designated sec. 73, following sec. 72, to read as follows:
“Sec. 73. 1. This section and sections 1 to 11, inclusive, 13 to 19, inclusive, 21 to 52, inclusive, 54 to 59, inclusive, 61 to 65, inclusive, 67 and 69 to 72, inclusive, of this act become effective on July 1, 2001.
2. Sections 20, 53, 60 and 66 of this act become effective at 12:01 a.m. on July 1, 2001.
3. Section 12 of this act becomes effective on July 1, 2003.”.
Assemblyman Bache moved that the Assembly concur in the Senate amendment to Assembly Bill No. 568.
Remarks by Assemblyman Bache.
Motion carried by a constitutional majority.
Bill ordered to enrollment.
Assembly Bill No. 314.
The following Senate amendment was read:
Amendment No. 939.
Amend the bill as a whole by deleting sec. 10 and inserting:
“Sec. 10. (Deleted by amendment.)”.
Assemblyman Bache moved that the Assembly concur in the Senate amendment to Assembly Bill No. 314.
Remarks by Assemblyman Bache.
Motion carried by a two-thirds constitutional majority.
Bill ordered to enrollment.
Assembly Bill No. 182.
The following Senate amendment was read:
Amendment No. 940.
Amend sec. 2, page 2, line 16, by deleting “including” and inserting:
“including, without limitation,”.
Amend sec. 2, page 2, line 33, by deleting:
“but is not limited to:” and inserting “without limitation:”.
Amend sec. 2, page 3, line 16, by deleting “including” and inserting:
“including, without limitation,”.
Amend sec. 2, page 3, by deleting line 19 and inserting:
“areas, including, without limitation, natural reservations, parks, parkways, trails, reserved”.
Amend sec. 2, page 3, line 27, by deleting “including” and inserting:
“including, without limitation,”.
Amend sec. 2, page 3, line 49, by deleting “including” and inserting:
“including, without limitation,”.
Amend sec. 7, page 7, by deleting lines 34 and 35 and inserting:
“incorporated city, the governing body shall, at least 10 days before the hearing on the application is held pursuant to subsection 2, transmit a copy of any information pertinent to the application to the town board, citizens’”.
Amend sec. 7, page 7, line 39, by deleting:
“at least 15 days”.
Amend sec. 8, page 10, by deleting lines 7 and 8 and inserting:
“incorporated city, the governing body shall, at least 10 days before the hearing on the application is held pursuant to subsection 2, transmit a copy of any information pertinent to the application to the town board, citizens’”.
Amend sec. 8, page 10, line 12, by deleting:
“at least 21 days”.
Assemblyman Bache moved that the Assembly concur in the Senate amendment to Assembly Bill No. 182.
Remarks by Assemblyman Bache.
Motion carried by a constitutional majority.
Bill ordered to enrollment.
Assembly Bill No. 219.
The following Senate amendment was read:
Amendment No. 1001.
Amend the bill as a whole by deleting section 1 and adding new sections designated sections 1 and 2, following the enacting clause, to read as follows:
“Section 1. The Legislative Committee on Public Lands is hereby directed to:
1. Monitor the activities of Congress and the Bureau of Land Management relating to the management and protection of wild horses in this state;
2. Urge Congress to provide in a reliable manner an adequate amount of money to support the activities of the Bureau of Land Management in managing and protecting wild horses in this state in accordance with the provisions of the Free-Roaming Wild Horses and Burros Act, 16 U.S.C. §§ 1331, et seq.; and
3. Prepare and submit to the Director of the Legislative Counsel Bureau for transmittal to the 72nd session of the Nevada Legislature a written report concerning the activities of the Legislative Committee on Public Lands in carrying out the provisions of this act. The written report must include, without limitation, a discussion and analysis of the progress of the Bureau of Land Management in managing and protecting wild horses in this state in accordance with the provisions of the Wild Free-Roaming Horses and Burros Act, 16 U.S.C. §§ 1331, et seq.
Sec. 2. This act becomes effective upon passage and approval.”.
Amend the bill as a whole by adding a preamble, immediately preceding the enacting clause, to read as follows:
“Whereas, On December 15, 1971, Congress enacted the provisions of the Wild Free-Roaming Horses and Burros Act, 16 U.S.C. §§ 1331, et seq.; and
Whereas, The Act was enacted largely because of the efforts of a resident of this state named Velma “Wild Horse Annie” Johnson; and
Whereas, Since 1971, it has been the responsibility of the Bureau of Land Management to manage and protect most of the wild horses in this state; and
Whereas, Approximately 24,000 wild horses live on public rangelands in this state; and
Whereas, The Bureau of Land Management has recently estimated that the public rangelands in this state can support between 14,000 and 15,000 wild horses; and
Whereas, The Commission for the Preservation of Wild Horses has stated in its plan for the preservation and protection of wild horses in this state that an appropriate level of management must be established and maintained so that the number of wild horses on the public rangelands in this state is in appropriate balance under the concept of multiple use of the public rangelands; and
Whereas, Because of a lack of reliable and adequate funding by Congress during the 30 years since the enactment of the Wild Free-Roaming Horses and Burros Act, the Bureau of Land Management has been unsuccessful in managing wild horses in this state in a manner which achieves an appropriate level of management in accordance with the provisions of that Act; and
Whereas, Additional money has recently become available from the Federal Government to carry out the activities and practices that are required to manage wild horses within the limits of their natural habitat; and
Whereas, When adopted as a companion, a wild horse displays remarkable toughness, intelligence and adaptability, all of which are traits that have helped wild horses survive in the wild; and
Whereas, Since their introduction into the Great Basin and Mojave Desert by Europeans, wild horses have contributed significantly to the economic, social and cultural history of this state; and
Whereas, Wild horses are unique animals and deserve assistance in their continuing struggle to survive; now, therefore,”.
Amend the title of the bill to read as follows:
“AN ACT relating to wild horses; directing the Legislative Committee on Public Lands to take certain actions relating to wild horses; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Directs Legislative Committee on Public Lands to take certain actions relating to wild horses. (BDR S‑1119)”.
Assemblyman Bache moved that the Assembly do not concur in the Senate amendment to Assembly Bill No. 219.
Remarks by Assemblyman Bache.
Motion carried.
Bill ordered transmitted to the Senate.
Assembly Bill No. 461.
The following Senate amendment was read:
Amendment No. 935.
Amend section 1, page 1, line 11, by deleting “inclusive.” and inserting:
“inclusive, and section 1 of Assembly Bill No. 86 of this [act.]session.”.
Amend sec. 2, page 2, line 11, by deleting “section must:” and inserting “section:”.
Amend sec. 2, page 2, line 12, by deleting “Be” and inserting “Must be”.
Amend sec. 2, page 2, line 15, by deleting “Include:” and inserting:
“May include only:”.
Amend sec. 2, page 2, line 19, by deleting “and”.
Amend sec. 2, page 2, line 21, by deleting “338.1387.” and inserting “338.1387; and”.
Amend sec. 2, page 2, between lines 21 and 22, by inserting:
“(5) The performance history of the applicant concerning other recent, similar contracts, if any, completed by the applicant.”.
Amend sec. 5, page 3, line 43, by deleting “shall” and inserting “may only”.
Amend the title of the bill to read as follows:
“AN ACT relating to public works; eliminating the provision providing an exemption from qualifying to bid for a public work of this state; requiring the state public works board to adopt by regulation an additional criteria for the qualification of bidders on a contract for a public work of this state; authorizing the state public works board and the governing body of a local government to determine whether an applicant is qualified to bid by project or for a specified period; allowing the governing body of a local government that does not adopt criteria for the qualification of bidders to accept a bid on a contract for a public work from certain persons; and providing other matters properly relating thereto.”.
Assemblyman Bache moved that the Assembly concur in the Senate amendment to Assembly Bill No. 461.
Remarks by Assemblyman Bache.
Motion carried by a constitutional majority.
Bill ordered to enrollment.
Assembly Bill No. 198.
The following Senate amendment was read:
Amendment No. 979.
Amend the bill as a whole by renumbering sections 1 through 3 as sections 5 through 7 and adding new sections designated sections 1 through 4, following the enacting clause, to read as follows:
“Section 1. Chapter 445B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. If an authorized station or authorized inspection station is required to collect a fee pursuant to subsection 1 of NRS 445B.830, the station may charge a customer whose vehicle is inspected by the station the amount of any electronic transmission surcharge that the station incurs to obtain information which the station is required by law to obtain with respect to that customer’s vehicle.
2. An electronic transmission surcharge that is charged to a customer pursuant to subsection 1 must be set forth as a separate entry on the form certifying emission control compliance which the authorized station or authorized inspection station provides to the customer.
3. As used in this section, “electronic transmission surcharge” means the amount that an authorized station or authorized inspection station is required to pay to a contractor who owns or operates a database for the identification of vehicles for the transmission of information regarding a particular vehicle from the database to the authorized station or authorized inspection station.
Sec. 3. 1. If the board of county commissioners of a county is authorized to impose an additional fee for each form certifying emission control compliance, the board shall ensure that 2 percent of any such fee it imposes is retained as a commission by the authorized station or authorized inspection station that performs the inspection pursuant to which the form certifying emission control compliance is issued.
2. As used in this section, “additional fee” does not include any fee that is imposed pursuant to paragraph (a), (b) or (c) of subsection 1 of NRS 445B.830.
Sec. 4. NRS 445B.700 is hereby amended to read as follows:
445B.700 As used in NRS 445B.700 to 445B.845, inclusive, and sections 2 and 3 of this act, unless the context otherwise requires, the words and terms defined in NRS 445B.705 to 445B.758, inclusive, have the meanings ascribed to them in those sections.”.
Amend sec. 3, page 3, by deleting line 25 and inserting:
“Sec. 7. 1. This section and sections 1, 3, 4 and 6 of this act become effective on July 1, 2001.
2. Section 5 of this act becomes effective at 12:01 a.m. on July 1, 2001.
3. Section 2 of this act becomes effective on January 1, 2002.”.
Amend the title of the bill to read as follows:
“AN ACT relating to air pollution; authorizing certain stations licensed to inspect motor vehicles and devices for the control of pollution to charge a customer a surcharge for the costs of obtaining certain information regarding the customer’s vehicle; authorizing certain stations licensed to inspect motor vehicles and devices for the control of pollution to retain a percentage of certain fees as a commission; revising the provisions relating to expenditures from the pollution control account for purposes relating to air quality; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Revises certain provisions relating to inspection of motor vehicles and devices for control of pollution and revises provisions relating to expenditures for air quality. (BDR 40‑176)”.
Assemblyman de Braga moved that the Assembly concur in the Senate amendment to Assembly Bill No. 198.
Remarks by Assemblyman Goldwater.
Assemblyman de Braga withdrew the motion to concur in the Senate amendment to Assembly Bill No. 198.
Motion carried.
Assembly Bill No. 419.
The following Senate amendment was read:
Amendment No. 980.
Amend sec. 2, page 2, line 9, after “members]” by inserting:
“Before submitting an application specified in subsection 1, the society shall submit to the sheriff of the county a complete set of the fingerprints of the member, agent or local or district officer of the society to whom the application relates. Upon receipt of the fingerprints, the sheriff shall forward the fingerprints to the central repository for Nevada records of criminal history for submission to the Federal Bureau of Investigation for a report concerning the criminal history of the member, agent or local or district officer of the society. Upon receipt of the report, the sheriff shall forward the report to the society. The society shall include the report in the application submitted pursuant to subsection 1.
3.”.
Amend sec. 2, page 2, line 13, by deleting:
“3. [All persons resisting]” and inserting:
“[3. All persons resisting]
4.”.
Assemblyman de Braga moved that the Assembly concur in the Senate amendment to Assembly Bill No. 419.
Remarks by Assemblyman de Braga.
Motion carried by a constitutional majority.
Bill ordered to enrollment.
Assembly Bill No. 632.
The following Senate amendment was read:
Amendment No. 695.
Amend section 1, page 2, line 9, by deleting “16” and inserting “12”.
Amend section 1, page 2, line 13, by deleting “board a” and inserting:
“board:
(a) A”.
Amend section 1, page 2, line 15, by deleting “hire.” and inserting:
“hire; or
(b) Any other vessel who are below the deck or inside a cabin of the vessel.”.
Amend sec. 2, page 2, line 21, after “operator” by inserting:
“and each passenger”.
Amend sec. 2, page 2, by deleting lines 24 through 28 and inserting:
“(c) Unless the operator is at least 12 years of age.”.
Amend the preamble of the bill, page 1, by deleting lines 4 through 6.
Amend the preamble of the bill, page 1, line 9, by deleting “16” and inserting “12”.
Amend the preamble of the bill, page 1, by deleting lines 10 through 12 and inserting:
“Whereas, It is estimated that requiring persons less than 12 years of age to wear properly fitted personal flotation devices may decrease by up to 85 percent the rate of fatalities by drowning of such persons; and”.
Amend the preamble of the bill, page 1, line 15, by deleting “16” and inserting “12”.
Amend the title of the bill, second line, by deleting “16” and inserting “12”.
Amend the summary of the bill to read as follows:
“SUMMARY—Prohibits operation of certain vessels unless persons less than 12 years of age are wearing personal flotation devices while vessel is under way. (BDR 43‑1487)”.
Assemblyman de Braga moved that the Assembly concur in the Senate amendment to Assembly Bill No. 632.
Remarks by Assemblyman de Braga.
Motion carried by a constitutional majority.
Bill ordered to enrollment.
Assembly Bill No. 380.
The following Senate amendment was read:
Amendment No. 689.
Amend section 1, page 2, line 13, by deleting “5:” and inserting “[5:] 6:”.
Amend section 1, page 2, by deleting lines 21 and 22 and inserting:
“in a classification that is commensurate with the level of education acquired by the teacher, as set forth in the applicable negotiated agreement with the present employer.”.
Amend section 1, page 2, by deleting lines 31 through 43 and inserting:
“5. In determining the salary of a licensed administrator, other than the superintendent of schools, who is employed by a school district after the administrator has been employed by another school district in this state, the present employer shall, except as otherwise provided in subsection 6:
(a) Give the administrator the same credit for previous administrative service as he was receiving from his former employer, at the end of his former employment;
(b) Give the administrator credit for his final year of service with his former employer, if credit for that service is not otherwise included in the credit given pursuant to paragraph (a); and
(c) Place the administrator on the schedule of salaries of the school district in a classification that is comparable to the classification the administrator had attained on the schedule of salaries of his former employer.
6. This section does not:
(a) Require a school district to allow a teacher or administrator more credit for previous teaching or administrative service than the maximum credit for teaching or administrative experience provided for in the schedule of salaries established by it for its licensed personnel.
(b) Permit a school district to deny a teacher or administrator credit for his previous teaching or administrative service on the ground that the service differs in kind from the teaching or administrative experience for which credit is otherwise given by the school district.
[6.] 7. As used in this section [, “previous] :
(a) “Previous administrative service” means the total of:
(1) Any period of administrative service for which an administrator received credit from his former employer at the beginning of his former employment; and
(2) His period of administrative service in his former employment.
(b) “Previous teaching service” means the total of:
[(a)] (1) Any period of teaching service for which a teacher received credit from his former employer at the beginning of his former employment; and
[(b)] (2) His period of teaching service in his former employment.”.
Amend the title of the bill by deleting the third and fourth lines and inserting:
“the salary schedule in a classification that is commensurate with the level of education acquired by the teacher; requiring boards of trustees of school districts to give an administrator who has been employed by another school district in this state credit for his previous administrative service and place him on the salary schedule in a classification that is comparable to his former classification; revising provisions governing the employment status of certain”.
Assemblyman Williams moved that the Assembly concur in the Senate amendment to Assembly Bill No. 380.
Remarks by Assemblyman Williams.
Motion carried by a constitutional majority.
Bill ordered to enrollment.
Assembly Bill No. 459.
The following Senate amendment was read:
Amendment No. 1072.
Amend sec. 5, page 2, lines 16 and 17, by deleting:
“safe, respectful and neutral” and inserting:
“safe and respectful”.
Amend sec. 5, page 2, line 26, by deleting:
“safe, respectful and neutral” and inserting:
“safe and respectful”.
Amend sec. 5, page 2, line 27, by deleting “full”.
Amend the bill as a whole by deleting sections 7 through 11 and adding a new section designated sec. 7, following sec. 6, to read as follows:
“Sec. 7. Each school district shall create a publication entitled “Harassment and Intimidation Is Prohibited in Public Schools” which contains a copy of the provisions of sections 2 to 6, inclusive, of this act and provide a copy:
1. With each copy of the rules of behavior for pupils that the school district provides to pupils pursuant to NRS 392.463; and
2. To the parents of each pupil at the beginning of the school year and to the parents of each new pupil who enters school during the year.”.
Amend the bill as a whole by deleting sec. 13 and renumbering sec. 12 as sec. 8.
Amend the title of the bill by deleting the second through fifth lines and inserting:
“requiring each school district to provide a publication which contains a copy of the provisions of this act to pupils and their parents; and providing other matters properly relating”.
Amend the summary of the bill to read as follows:
“SUMMARY—Makes various changes concerning harassment and intimidation in public schools. (BDR 34-1286)”.
Assemblyman Williams moved that the Assembly concur in the Senate Amendment No. 1072 to Assembly Bill No. 459.
Remarks by Assemblyman Williams.
Motion carried by a constitutional majority.
The following Senate amendment was read:
Amendment No. 1137.
Amend sec. 7, page 2, by deleting lines 36 through 43 and inserting:
“Sec. 7. Each school district shall include the text of the provisions of sections 3 to 6, inclusive, of this act under the heading “Harassment and Intimidation is Prohibited in Public Schools,” within each copy of the rules of behavior for pupils that the school district provides to pupils pursuant to NRS 392.463.”.
Amend the title of the bill to read as follows:
“AN ACT relating to education; prohibiting harassment and intimidation in public schools; requiring each school district to disseminate related information to pupils; and providing other matters properly relating thereto.”.
Assemblyman Williams moved that the Assembly concur in the Senate Amendment No. 1137 to Assembly Bill No. 459.
Remarks by Assemblyman Williams.
Motion carried by a constitutional majority.
Bill ordered to enrollment.
Assembly Bill No. 499.
The following Senate amendment was read:
Amendment No. 1066.
Amend section 1, pages 1 and 2, by deleting lines 14 and 15 on page 1 and lines 1 through 5 on page 2, and inserting:
“in determining:
1. Whetherolder buildings should be renovated or reconstructed or whether new buildings to replace those older buildings should be constructed or purchased [.] , including, without limitation, a determination of the costs to renovate or reconstruct existing buildings and facilities to comply with the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq., in comparison with the costs to construct or purchase new buildings and facilities.
2. The manner in which the board of trustees will expend or disburse money that the board did not otherwise anticipate would be available to finance the renovation or reconstruction of older buildings and the construction or purchase of new buildings, if such money, in fact, becomes available.”.
Amend sec. 3, page 3, line 6, by deleting “$200” and inserting “$90”.
Amend sec. 3, page 3, line 7, by deleting “eight” and inserting “five”.
Amend sec. 4, page 3, by deleting line 22 and inserting:
“Sec. 4. 1. This section and sections 2 and 3 of this act become effective on July 1, 2001.
2. Section 1 of this act becomes effective at 12:01 a.m. on July 1, 2001.”.
Assemblyman Williams moved that the Assembly concur in the Senate amendment to Assembly Bill No. 499.
Remarks by Assemblyman Williams.
Motion carried by a constitutional majority.
Bill ordered to enrollment.
Assembly Bill No. 113.
The following Senate amendment was read:
Amendment No. 793.
Amend the bill as a whole by renumbering sections 1 and 2 as sections 3 and 4 and adding new sections designated sections 1 and 2, following the enacting clause, to read as follows:
“Section 1. Chapter 482 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. Except as otherwise provided in this subsection, the department, in cooperation with the Pyramid Lake Paiute Tribe, shall design, prepare and issue license plates for the support of the preservation and restoration of the natural environment of the Lower Truckee River and Pyramid Lake using any colors that the department deems appropriate. The design of the license plates must include a depiction of Pyramid Lake and its surrounding area. The department shall not design, prepare or issue the license plates unless it receives at least 250 applications for the issuance of those plates.
2. If the department receives at least 250 applications for the issuance of license plates for the support of the preservation and restoration of the natural environment of the Lower Truckee River and Pyramid Lake, the department shall issue those plates for a passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates for the support of the preservation and restoration of the natural environment of the Lower Truckee River and Pyramid Lake if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates for the support of the preservation and restoration of the natural environment of the Lower Truckee River and Pyramid Lake pursuant to subsections 3 and 4.
3. The fee for license plates for the support of the preservation and restoration of the natural environment of the Lower Truckee River and Pyramid Lake is $35, in addition to all other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment of $10.
4. In addition to all other applicable registration and license fees and governmental services taxes and the fee prescribed in subsection 3, a person who requests a set of license plates for the support of the preservation and restoration of the natural environment of the Lower Truckee River and Pyramid Lake must pay for the initial issuance of the plates an additional fee of $25 and for each renewal of the plates an additional fee of $20, to be distributed pursuant to subsection 5.
5. The department shall deposit the fees collected pursuant to subsection 4 with the state treasurer for credit to the state general fund. The state treasurer shall, on a quarterly basis, distribute the fees deposited pursuant to this subsection to the Pyramid Lake Paiute Tribe. The fees deposited pursuant to this subsection may only be used to:
(a) Protect, restore and enhance the water quality and natural resources of or relating to the Lower Truckee River and Pyramid Lake, including, without limitation:
(1) Providing matching money for grants that are available from federal or state agencies for such purposes; and
(2) Paying the costs of the Tribe’s portion of joint projects with local, state or federal agencies for such purposes.
(b) Pay for, or match grants for, projects for the enhancement of the economic development of the area surrounding the Lower Truckee River and Pyramid Lake.
(c) Pay for the development and construction of an arena on the Pyramid Lake Indian Reservation for activities pertaining to fairgrounds or rodeos, or both, and to provide financial support for the establishment of a rodeo team or other designated activities at Pyramid Lake High School. Until October 1, 2006, 25 percent of the fees deposited pursuant to this subsection must be used for the purposes described in this paragraph.
6. If, during a registration year, the holder of license plates issued pursuant to the provisions of subsections 1 to 6, inclusive, disposes of the vehicle to which the plates are affixed, the holder shall:
(a) Retain the plates and affix them to another vehicle that meets the requirements of subsections 1 to 6, inclusive, if the transfer and registration fees are paid as set forth in this chapter; or
(b) Within 30 days after removing the plates from the vehicle, return them to the department.
7. Except as otherwise provided in this subsection, the director shall, at the request of the Pyramid Lake Paiute Tribe:
(a) Order the design and preparation of souvenir license plates that indicate support for the preservation and restoration of the natural environment of the Lower Truckee River and Pyramid Lake; and
(b) Issue such souvenir license plates only to the Pyramid Lake Paiute Tribe for a fee established pursuant to NRS 482.3825. The Pyramid Lake Paiute Tribe may resell such souvenir license plates at a price determined by the Tribe.
The director
shall not order the design or preparation of souvenir license plates pursuant
to this subsection unless the department has received at least 250 applications
for the issuance of license plates for the support of the preservation and
restoration of the natural environment of the Lower Truckee River and Pyramid
Lake pursuant to subsections 1 to 6, inclusive.”.
Amend section 1, page 1, by deleting lines 1 through 3 and inserting:
“Sec. 3. 1. Except as otherwise provided in this subsection, the department, in”.
Amend section 1, page 2, lines 7 and 8, by deleting:
“motor vehicle privilege” and inserting “governmental services”.
Amend section 1, page 2, line 11, by deleting:
“motor vehicle privilege” and inserting “governmental services”.
Amend sec. 2, page 3, by deleting line 20 and inserting:
“482.3825, inclusive, section 1 of Senate Bill No. 414 ofthis session ,[and] section 1 of Senate Bill No. 77 of this [act;] session and sections 2 and 3 of this act; or”.
Amend the bill as a whole by renumbering sec. 3 as sec. 6 and adding a new section designated sec. 5, following sec. 2, to read as follows:
“Sec. 5. NRS 482.3825 is hereby amended to read as follows:
482.3825 1. The director may order the design and preparation of souvenir license plates which are easily distinguishable in design or color from regular license plates. The director may establish a fee for the issuance of such plates of not more than $15 per plate. The department may issue more than one plate of any particular design.
2. All money collected from the issuance of souvenir license plates must be deposited in the state treasury for credit to the motor vehicle fund.
3. As used in this section, “issuance” does not include the resale of a souvenir license plate.”.
Amend sec. 3, page 3, by deleting line 47 and inserting:
“inclusive, section 1 of Senate Bill No. 414 ofthis session ,[and] section 1 of Senate Bill No. 77 of this [act,] session and sections 2 and 3 of this act, a fee of $10.”.
Amend sec. 3, page 4, line 1, by deleting “For” and inserting:
“[For] Except as otherwise provided in section 2 of this act, for”.
Amend sec. 3, page 4, lines 4 and 5, by deleting:
“of a decal [requested] issued” and inserting:
“of a decal issued”.
Amend the bill as a whole by renumbering sections 4 and 5 as sections 8 and 9 and adding a new section designated sec. 7, following sec. 3, to read as follows:
“Sec. 7. Sections 2, 4 and 7 of Senate Bill No. 77 of this session are hereby amended to read as follows:
Sec. 2. NRS 482.216 is hereby amended to read as follows:
482.216 1. Upon the request of a new vehicle dealer, the department may authorize the new vehicle dealer to:
(a) Accept applications for the registration of the new motor vehicles he sells and the related fees and taxes;
(b) Issue certificates of registration to applicants who satisfy the requirements of this chapter; and
(c) Accept applications for the transfer of registration pursuant to NRS 482.399 if the applicant purchased from the new vehicle dealer a new vehicle to which the registration is to be transferred.
2. A new vehicle dealer who is authorized to issue certificates of registration pursuant to subsection 1 shall:
(a) Transmit the applications he receives to the department within the period prescribed by the department;
(b) Transmit the fees he collects from the applicants and properly account for them within the period prescribed by the department;
(c) Comply with the regulations adopted pursuant to subsection 4; and
(d) Bear any cost of equipment which is necessary to issue certificates of registration, including any computer hardware or software.
3. A new vehicle dealer who is authorized to issue certificates of registration pursuant to subsection 1 shall not:
(a) Charge any additional fee for the performance of those services;
(b) Receive compensation from the department for the performance of those services;
(c) Accept applications for the renewal of registration of a motor vehicle; or
(d) Accept an application for the registration of a motor vehicle if the applicant wishes to:
(1) Obtain special license plates pursuant to NRS 482.3667 to 482.3825, inclusive, [and] section 1 of Senate Bill No. 414 of this [act;] session and section 1 of this act; or
(2) Claim the exemption from the governmental services tax provided pursuant to NRS 361.1565 to veterans and their relations.
4. The director shall adopt such regulations as are necessary to carry out the provisions of this section. The regulations adopted pursuant to this subsection must provide for:
(a) The expedient and secure issuance of license plates and decals by the department; and
(b) The withdrawal of the authority granted to a new vehicle dealer pursuant to subsection 1 if that dealer fails to comply with the regulations adopted by the department.
Sec. 4. NRS 482.500 is hereby amended to read as follows:
482.500 1. Except as otherwise provided in subsection 2 or 3, whenever upon application any duplicate or substitute certificate of registration, decal or number plate is issued, the following fees must be paid:
For a certificate of registration $5.00
For every substitute number plate or set of plates 5.00
For every duplicate number plate or set of plates 10.00
For every decal displaying a county name .50
For every other decal, license plate sticker or tab 5.00
2. The following fees must be paid for any replacement plate or set of plates issued for the following special license plates:
(a) For any special plate issued pursuant to NRS 482.3667, 482.3672, 482.3675, 482.370 to 482.376, inclusive, or 482.379 to 482.3816, inclusive, [and] section 1 of Senate Bill No. 414 of this [act,] session and section 1 of this act, a fee of $10.
(b) For any special plate issued pursuant to NRS 482.368, 482.3765, 482.377 or 482.378, a fee of $5.
(c) For any souvenir license plate issued pursuant to NRS 482.3825 or sample license plate issued pursuant to NRS 482.2703, a fee equal to that established by the director for the issuance of those plates.
3. A fee must not be charged for a duplicate or substitute of a decal issued pursuant to NRS 482.37635.
4. The fees which are paid for duplicate number plates and decals displaying county names must be deposited with the state treasurer for credit to the motor vehicle fund and allocated to the department to defray the costs of duplicating the plates and manufacturing the decals.
5. As used in this section:
(a) “Duplicate number plate” means a license plate or a set of license plates issued to a registered owner which repeat the code of a plate or set of plates previously issued to the owner to maintain his registration using the same code.
(b) “Substitute number plate” means a license plate or a set of license plates issued in place of a previously issued and unexpired plate or set of plates. The plate or set of plates does not repeat the code of the previously issued plate or set.
Sec. 7. 1. This section and sections 1, 3, 5 and 6 of this act become effective on October 1, 2001.
2. Sections 2 and 4 of this act become effective at 12:01 a.m. on October 1, 2001.
3. The amendatory provisions of this act expire by limitation on October 1, 2005, if on that date the department of motor vehicles and public safety has received fewer than 250 applications for the issuance of a license plate pursuant to subsections 1 to 6, inclusive, of section 1 of this act.”.
Amend sec. 4, page 4, by deleting lines 21 and 22 and inserting:
“of applications it has received for the issuance of license plates pursuant to:
1. Section 2 of this act; and
2. Section 3 of this act.”.
Amend sec. 5, page 4, by deleting lines 23 through 26 and inserting:
“Sec. 9. 1. This section and sections 1, 2, 3, 5, 7 and 8 of this act become effective on October 1, 2001.
2. Sections 4 and 6 of this act become effective at 12:02 a.m. on October 1, 2001.
3. The amendatory provisions of sections 2, 5 and 6 of this act expire by limitation on October 1, 2005, if on that date the department of motor vehicles and public safety has received fewer than 250 applications for the issuance of license plates pursuant to section 2 of this act.
4. The amendatory provisions of section 3 of this act expire by limitation on October 1, 2005, if on that date the department of motor vehicles and public safety has received fewer than 250 applications for the issuance of license plates pursuant to section 3 of this act.”.
Amend the title of the bill, first line, after “vehicles;” by inserting:
“providing for the issuance of special license plates and souvenir license plates for the support of the preservation and restoration of the natural environment of the Lower Truckee River and Pyramid Lake;”.
Amend the summary of the bill to read as follows:
“SUMMARYľProvides for issuance of special license plates and souvenir license plates to support preservation and restoration of natural environment of Lower Truckee River and Pyramid Lake and provides for issuance of special license plates for support of rodeos. (BDR 43‑1005)”.
Assemblywoman Chowning moved that the Assembly concur in the Senate amendment to Assembly Bill No. 113.
Remarks by Assemblywoman Chowning.
Motion carried by a constitutional majority.
Bill ordered to enrollment.
Assembly Bill No. 246.
The following Senate amendment was read:
Amendment No. 965.
Amend sec. 2, page 3, by deleting lines 37 through 45 and inserting:
“registration fee or governmental services tax on that vehicle is at least $35 less than the credit on the total registration fee or governmental services tax paid on all vehicles from which a person transfers his ownership or interest, the department shall issue to the person a refund in an amount equal to the difference between the amount owed on the registration fee or governmental services tax on that vehicle and the credit on the total registration fee or governmental services tax paid on all vehicles from which a person transfers his ownership or interest.”.
Amend sec. 2, page 4, by deleting lines 7 through 11 and inserting:
“6. [If] Except as otherwise provided in this subsection, if a person cancels his registration , provides proof to the department that he sold the vehicle to which the registration pertains and surrenders to the department his license plates for [a] the vehicle, the department shall issue to the person a refund of the portion of the registration fee and governmental services tax paid on the vehicle attributable to the remainder of the current calendar year or registration period on a pro rata basis. If the amount of the refund is less than $35, the department shall not issue the refund.”.
Amend sec. 4, page 4, line 43, by deleting:
“October 1, 2001.” and inserting:
“January 1, 2002.”.
Amend the title of the bill by deleting the second and third lines and inserting:
“motor vehicles by new residents of this state; revising the provision that authorizes certain pro rata credits or refunds for registrations transferred or canceled under”.
Assemblywoman Chowning moved that the Assembly do not concur in the Senate amendment to Assembly Bill No. 246.
Remarks by Assemblywoman Chowning.
Motion carried.
Bill ordered transmitted to the Senate.
Assembly Bill No. 320.
The following Senate amendment was read:
Amendment No. 966.
Amend section 1, page 1, by deleting lines 12 through 14 and inserting:
“order the destruction of certificates of [registration 1 year after they are no longer effective.
2.] ownership and forms for a power of attorney”.
Amend section 1, page 1, line 18, by deleting:
“of registration, certificates”.
Amend sec. 2, page 2, line 4, after “breaching a” by inserting “consumer”.
Amend sec. 2, page 2, line 15, after “breach of” by inserting “a consumer”.
Amend sec. 3, page 2, line 38, after “breaching a” by inserting “consumer”.
Amend sec. 3, page 3, line 8, after “breach of” by inserting “a consumer”.
Assemblywoman Chowning moved that the Assembly concur in the Senate amendment to Assembly Bill No. 320.
Remarks by Assemblywoman Chowning.
Motion carried by a constitutional majority.
Bill ordered to enrollment.
Assembly Bill No. 220.
The following Senate amendment was read:
Amendment No. 751.
Amend section 1, page 1, line 18, after “Patrol,” by inserting:
“a member of the police department of the University and Community College System of Nevada,”.
Amend section 1, page 2, by deleting lines 23 through 25.
Amend section 1, page 2, line 26, by deleting “(3)” and inserting “(2)”.
Amend section 1, page 2, line 28, by deleting “(4)” and inserting “(3)”.
Amend section 1, page 2, line 30, by deleting “(5)” and inserting “(4)”.
Amend the bill as a whole by deleting sec. 4 and renumbering sections 5 and 6 as sections 4 and 5.
Assemblyman Anderson moved that the Assembly concur in the Senate amendment to Assembly Bill No. 220.
Remarks by Assemblyman Anderson.
Motion carried by a constitutional majority.
Bill ordered to enrollment.
Assembly Bill No. 239.
The following Senate amendment was read:
Amendment No. 665.
Amend section 1, page 1, line 9, by deleting “children,” and inserting “children and”.
Amend section 1, page 1, line 10, by deleting:
“and other needy persons”.
Amend sec. 2, page 2, line 28, by deleting “children,” and inserting “children and”.
Amend sec. 2, page 2, line 29, by deleting:
“and other needy persons”.
Amend the title of the bill by deleting the fifth line and inserting:
“neglected children and victims of domestic violence; and”.
Amend the summary of the bill to read as follows:
“SUMMARY—Authorizes board of county commissioners to impose additional fee for filing certain actions and responses thereto in district courts and justices’ courts to offset costs of providing pro bono programs and of providing legal services without charge to abused or neglected children and victims of domestic violence. (BDR 2‑298)”.
Assemblyman Anderson moved that the Assembly concur in the Senate amendment to Assembly Bill No. 239.
Remarks by Assemblyman Anderson.
Motion carried by a two-thirds constitutional majority.
Bill ordered to enrollment.
Assembly Bill No. 315.
The following Senate amendment was read:
Amendment No. 792.
Amend sec. 2, page 4, line 7, by deleting:
“bureau of alcohol and drug abuse in” and inserting:
“health division of”.
Amend sec. 2, page 4, line 9, by deleting “such” and inserting “that”.
Assemblyman Anderson moved that the Assembly concur in the Senate amendment to Assembly Bill No. 315.
Remarks by Assemblyman Anderson.
Motion carried by a constitutional majority.
Bill ordered to enrollment.
Assembly Bill No. 308.
The following Senate amendment was read:
Amendment No. 754.
Amend section 1, page 2, after line 11, by inserting:
“5. Notwithstanding the provisions of this section, if a child is alleged to be delinquent or in need of supervision and if:
(a) A petition is not filed and the child is placed under informal supervision pursuant to NRS 62.129, the child may waive the right to be represented by an attorney.
(b) A petition is filed, the child may waive the right to be represented by an attorney if the record of the court shows that the waiver of the right to be represented by an attorney is made knowingly, intelligently, voluntarily and in accordance with any applicable standards established by the court.”.
Assemblyman Anderson moved that the Assembly concur in the Senate amendment to Assembly Bill No. 308.
Remarks by Assemblyman Anderson.
Motion carried by a constitutional majority.
Bill ordered to enrollment.
Assembly Bill No. 328.
The following Senate amendment was read:
Amendment No. 906.
Amend sec. 3, pages 2 and 3, by deleting lines 33 through 49 on page 2 and lines 1 through 5 on page 3, and inserting:
“176A.860 [A convicted person who]
1. If a person is granted an honorable discharge from probation, [who has] not sooner than 6 months after his honorable discharge, the person may apply to the division to request a restoration of his civil rights if the person:
(a) Has not previously been restored to his civil rights[, and who is] ; and
(b) Has not been convicted of any offense greater than a traffic violation[within 6 months after the discharge, may apply] after his honorable discharge.
2. If a person applies to the division to request a restoration of his civil rights[. The application must be accompanied by] , the person must submit with his application a current, certified record of [the applicant’s] his criminal history received from the central repository for Nevada records of criminal history. If the division determines after an investigation that the [applicant] person meets the requirements of this section, [it] the division shall petition the court in which the [applicant] person was convicted for an order granting the restoration[.] of his civil rights. If the division refuses to submit such a petition, the [applicant] person may, after notice to the division, directly petition the court for an order granting the restoration of his civil rights.”.
Amend sec. 5, page 3, by deleting lines 14 through 43 and inserting:
“453.3365, a person [who has been convicted of:] may petition the court in which he was convicted for the sealing of all records relating to a conviction of:
(a) [Any felony may,] A category A or B felony after 15 years from the date of his [conviction or, if he is imprisoned, from the date of his] release from actual custody [;] or discharge from parole or probation, whichever occurs later;
(b) A category C or D felony after 12 years from the date of his release from actual custody or discharge from parole or probation, whichever occurs later;
(c) A category E felony after 10 years from the date of his release from actual custody or discharge from parole or probation, whichever occurs later;
(d) Any gross misdemeanor [may, after 10] after 7 years from the date of his [conviction or] release from actual custody[;
(c)] or discharge from probation, whichever occurs later;
(e) A violation of NRS 484.379 other than a felony, or a battery which constitutes domestic violence pursuant to NRS 33.018 other than a felony , [may,] after 7 years from the date of his [conviction or,] release from actual custody [; or
(d)] or from the date when he is no longer under a suspended sentence, whichever occurs later; or
(f) Any other misdemeanor [may, after 5] after 3 years from the date of his [conviction or] release from actual custody[,
petition the court in which the conviction was obtained for the sealing of all records relating to the conviction.] or from the date when he is no longer under a suspended sentence, whichever occurs later.”.
Amend sec. 11, page 7, line 29, by deleting “shall” and inserting:
“[shall] must”.
Amend sec. 11, page 7, by deleting line 30 and inserting:
“certificate of [pardon;] pardon and , when granted upon conditions, limitations or”.
Amend sec. 11, page 7, line 31, by deleting “shall” and inserting:
“[shall] must”.
Assemblyman Anderson moved that the Assembly concur in the Senate amendment to Assembly Bill No. 328.
Remarks by Assemblyman Anderson.
Motion carried by a constitutional majority.
Bill ordered to enrollment.
Assembly Bill No. 500.
The following Senate amendment was read:
Amendment No. 911.
Amend sec. 2, page 1, line 14, by deleting “their deputies.” and inserting “their officers.”.
Amend sec. 2, page 2, line 3, after “stop.” by inserting:
“However, a local law enforcement agency must not be required to use a specific computer program or system to collect and transmit information regarding each traffic stop.”.
Amend sec. 2, page 2, line 8, by deleting “ethnicity,” and inserting “ethnicity and”.
Amend sec. 2, page 2, by deleting line 9 and inserting:
“whether the driver was an adult or juvenile.”.
Amend sec. 2, page 2, by deleting lines 15 and 16.
Amend sec. 2, page 2, line 17, by deleting “(e)” and inserting “(d)”.
Amend sec. 2, page 2, line 21, by deleting “(f)” and inserting “(e)”.
Amend sec. 2, page 2, line 24, by deleting “(g)” and inserting “(f)”.
Amend sec. 2, page 2, line 26, by deleting “(h)” and inserting “(g)”.
Assemblyman Anderson moved that the Assembly do not concur in the Senate amendment to Assembly Bill No. 500.
Remarks by Assemblyman Anderson.
Motion carried.
Bill ordered transmitted to the Senate.
Assembly Bill No. 550.
The following Senate amendment was read:
Amendment No. 844.
Amend section 1, page 1, line 13, by deleting “court” and inserting:
“court, after reviewing the evidence before it,”.
Amend section 1, page 2, line 7, after “of” by inserting:
“subsections 1, 2 and 3 of”.
Amend section 1, page 2, line 9, after “5.” by inserting:
“The provisions of this section do not apply to:
(a) A client of Lakes Crossing center;
(b) A client who is less than 18 years of age; or
(c) A client who is in a facility that primarily provides services for mentally retarded persons.
6.”.
Amend sec. 5, page 3, line 13, by deleting “[.]” and inserting:
“[.] , including, without limitation, the documents required pursuant to NRS 433A.210,”.
Amend sec. 6, page 3, lines 25 and 26, by deleting:
“under NRS 433A.145 or 433A.150”.
Amend sec. 6, page 3, by deleting lines 34 through 37 and inserting:
“evaluation, observation and treatment [under NRS 433A.150 and may transport] ; and
(2) Transport the allegedly mentally ill person or arrange the transportation for him with a local law enforcement agency to a public or”.
Amend sec. 6, page 4, lines 1 and 2, by deleting:
“treatment under NRS 433A.150;” and inserting “treatment;”.
Amend sec. 6, page 4, by deleting lines 12 through 24 and inserting:
“The spouse, parent, adult child or legal guardian and any other person who has a legitimate interest in the allegedly mentally ill person may apply to a district court for an order described in”.
Amend sec. 6, page 4, line 33, by deleting “[2] 3” and inserting “2”.
Amend sec. 10, page 6, between lines 44 and 45, by inserting:
“3. The provisions of this section do not preclude a facility from discharging a person before the time set pursuant to this section for the hearing concerning the person, if appropriate.”.
Amend sec. 11, page 7, line 6, by deleting:
“NRS 433A.145 or 433A.150,” and inserting:
“an application made pursuant to NRS [433A.150,] 433A.160,”.
Amend sec. 11, page 7, line 11, by deleting:
“NRS 433A.145 or 433A.150,” and inserting:
“an application made pursuant to NRS [433A.150,] 433A.160,”.
Amend sec. 11, page 7, line 23, by deleting:
“NRS 433A.145 or 433A.150,” and inserting:
“an application made pursuant to NRS [433A.150,] 433A.160,”.
Amend the title of the bill by deleting the first and second lines and inserting:
“AN ACT relating to health; restricting the authority of a mental health facility to override certain clients’ refusals of medication; making various changes to procedures for the”.
Assemblyman Anderson moved that the Assembly do not concur in the Senate amendment to Assembly Bill No. 550.
Remarks by Assemblyman Anderson.
Motion carried.
Bill ordered transmitted to the Senate.
general file and third reading
Assembly Bill No. 115.
Bill read third time.
Roll call on Assembly Bill No. 115:
Yeas—41.
Nays—None.
Excused—Humke.
Assembly Bill No. 115 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 503.
Bill read third time.
Roll call on Assembly Bill No. 503:
Yeas—41.
Nays—None.
Excused—Humke.
Assembly Bill No. 503 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 504.
Bill read third time.
Roll call on Assembly Bill No. 504:
Yeas—41.
Nays—None.
Excused—Humke.
Assembly Bill No. 504 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 506.
Bill read third time.
Roll call on Assembly Bill No. 506:
Yeas—41.
Nays—None.
Excused—Humke.
Assembly Bill No. 506 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 514.
Bill read third time.
Roll call on Assembly Bill No. 514:
Yeas—41.
Nays—None.
Excused—Humke.
Assembly Bill No. 514 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 516.
Bill read third time.
Roll call on Assembly Bill No. 516:
Yeas—41.
Nays—None.
Excused—Humke.
Assembly Bill No. 516 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 520.
Bill read third time.
Roll call on Assembly Bill No. 520:
Yeas—41.
Nays—None.
Excused—Humke.
Assembly Bill No. 520 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 522.
Bill read third time.
Roll call on Assembly Bill No. 522:
Yeas—41.
Nays—None.
Excused—Humke.
Assembly Bill No. 522 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 523.
Bill read third time.
Roll call on Assembly Bill No. 523:
Yeas—41.
Nays—None.
Excused—Humke.
Assembly Bill No. 523 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 525.
Bill read third time.
Roll call on Assembly Bill No. 525:
Yeas—41.
Nays—None.
Excused—Humke.
Assembly Bill No. 525 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 526.
Bill read third time.
Roll call on Assembly Bill No. 526:
Yeas—41.
Nays—None.
Excused—Humke.
Assembly Bill No. 526 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 567.
Bill read third time.
Roll call on Assembly Bill No. 567:
Yeas—40.
Nays—None.
Not Voting—Goldwater.
Excused—Humke.
Assembly Bill No. 567 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 319.
Bill read third time.
The following amendment was proposed by Assemblywoman Giunchigliani:
Amendment No. 1116.
Amend sec. 3, page 4, by deleting lines 35 through 40 and inserting:
“(1) Pass the regular high school proficiency examination[.] ;
(2) Pass the alternative high school proficiency examination; or
(3) Satisfy the other requirements for graduation from high school.”.
Amend the bill as a whole by deleting sections 6 and 7 and adding new sections designated sections 6 and 7, following sec. 5, to read as follows:
“Sec. 6. 1. A pupil, including, without limitation, a pupil with a disability and a pupil whose primary language is not English, is eligible to receive a high school diploma designated as a mastery diploma if he passes the regular high school proficiency examination and otherwise satisfies the requirements for receipt of a high school diploma.
2. A pupil with a disability or a pupil whose primary language is not English is eligible to receive a high school diploma designated as a standard diploma if he passes the alternative high school proficiency examination prescribed by the department pursuant to subsection 6 and otherwise satisfies the requirements for receipt of a high school diploma, as set forth in the pupil’s individualized education program, if applicable.
3. A pupil, including, without limitation, a pupil with a disability and a pupil whose primary language is not English, is eligible to receive a high diploma designated as an adjusted diploma if he does not pass the regular high school proficiency examination or the alternative high school proficiency examination, but he otherwise satisfies the requirements for graduation from high school.
4. A pupil who does not satisfy the requirements for receipt of a high school diploma may receive a certificate of attendance in lieu of a diploma if he has reached the age of 17 years.
5. A pupil’s individualized education program must indicate whether the pupil intends to obtain a mastery diploma, standard diploma, adjusted diploma or certificate of attendance.
6. The department shall develop an alternative high school proficiency examination for use in lieu of the regular high school proficiency examination for pupils with disabilities and pupils whose primary language is not English to receive a standard diploma. The provisions of NRS 389.015 and 389.017 regarding the administration and reporting of examinations apply to the alternative high school proficiency examination.
7. As used in this subsection, “individualized education program” has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(A).
Sec. 7. If a pupil who is enrolled in grade 12 has failed the regular high school proficiency examination and the examination will be administered to him for a final time during the regular school year, the board of trustees of the school district in which the pupil is enrolled or the governing body of the charter school in which the pupil is enrolled shall, at least 21 school days before the commencement of the administration of the examination, provide written notice to the parent or legal guardian of the pupil of the date scheduled for the administration of the examination and the provisions of this section. At least 5 school days before the administration of the examination, the parent or legal guardian of the pupil shall submit a written statement to the board of trustees of the school district in which the pupil is enrolled or the governing body of the charter school in which the pupil is enrolled indicating that the parent or legal guardian understands and accepts full responsibility for the consequences that may result if his child does not pass the high school proficiency examination, including, without limitation, ineligibility for a mastery diploma and ineligibility for the scholarships that may require passing scores on the high school proficiency examination. The provisions of this section do not apply to a pupil with a disability or a pupil whose primary language is not English if the pupil has satisfied the requirements for receipt of a standard high school diploma.”.
Amend sec. 8, page 8, line 41, after “(d)” by inserting:
“Administered in each school in accordance with the plan adopted pursuant to section 2 of Assembly Bill No. 214 of this [act]session by the department and with the plan adopted pursuant to section 4 of Assembly Bill No. 214 of this [act]session by the board of trustees of the school district in which the examinations are administered. The department shall monitor the compliance of school districts and individual schools with:
(1) The plan adopted by the department; and
(2) The plan adopted by the board of trustees of the applicable school district, to the extent that the plan adopted by the board of trustees of the school district is consistent with the plan adopted by the department.
(e)”.
Amend sec. 8, page 10, by deleting lines 13 through 20 and inserting:
“6. Ifa pupil fails to pass the regular high school proficiency examination [administered before the completion of grade 11,] or the alternative high school proficiency examination, if applicable, he must receive an adjusted high school diploma if he otherwise satisfies the requirements for receipt of a high school diploma. If such a pupil does not otherwise satisfy the requirements for receipt of a high school diploma, he must not be graduated until he is able, through remedial study, to pass the appropriate proficiency examination [,] or otherwise satisfy the requirements for receipt of a high school diploma, but he may be given a certificate of attendance, in place of a diploma, if he has reached the age of 17 years. The school in which such a pupil is enrolled shall allow the pupil to participate in the graduation ceremony of the school to receive his certificate of attendance.”.
Amend sec. 8, page 10, line 21, by deleting “The” and inserting:
“[The]Except for the alternative high school proficiency examination developed by the department pursuant to section 6 of this act, the”.
Amend sec. 9, page 12, line 44, by deleting “[or]” and inserting “or”.
Amend sec. 9, page 12, line 47, by deleting:
“examinations [.]; or” and inserting “examinations.”.
Amend sec. 9, page 12, by deleting lines 48 and 49.
Amend sec. 11, page 13, line 19, after “agency” by inserting:
“and the school police, if applicable,”.
Amend sec. 11, page 13, line 20, by deleting “agency.” and inserting:
“agency and a form for filing a complaint with the school police, if applicable.”.
Amend sec. 11.3, page 13, by deleting line 36 and inserting:
“publish a list of model alternative discipline programs for”.
Amend sec. 11.3, page 13, line 40, after “model” by inserting “alternative discipline”.
Amend sec. 11.3, page 13, line 43, after “model” by inserting “alternative discipline”.
Amend sec. 11.3, page 13, line 45, after “model” by inserting “alternative discipline”.
Amend sec. 11.3, page 13, by deleting lines 47 and 48 and inserting:
“appropriate model alternative discipline program is available. Each school district shall ensure that each”.
Amend sec. 11.3, page 14, by deleting lines 1 through 6 and inserting:
“within the school district establishes an appropriate model alternative discipline program.”.
Amend sec. 11.3, page 14, line 7, after “model” by inserting “alternative discipline”.
Amend sec. 11.3, page 14, line 8, after “model’ by inserting “alternative discipline”.
Amend sec. 20, page 19, line 25, after “disabilities” by inserting:
“for receipt of a mastery diploma”.
Amend sec. 21, page 19, by deleting lines 35 through 40 and inserting:
“develop an alternative high school proficiency examination for use in lieu of the regular high school proficiency examination for pupils with disabilities and pupils whose primary language is not English to receive a standard diploma pursuant to section 6 of this act. The alternative high school proficiency examination must be available for use commencing with the 2002-2003 school year. The department may conduct selected reviews of the alternative high school proficiency examination in the fall semester of 2002.”.
Amend sec. 23, page 20, by deleting lines 7 through 27 and inserting:
“shall prepare and publish a list of model alternative discipline programs for pupils pursuant to section 11.3 of this act.
2. On or before November 1, 2002, each school district shall:
(a) Determine which model alternative discipline programs approved by the department of education will be most effective in the school district;
(b) Adopt those model alternative discipline programs identified in paragraph (a) that will be established by each elementary school, junior high school, middle school and high school of the school district; and
(c) Notify the department of education of the model alternative discipline programs adopted by the school district.
3. During the 2002-2003 school year, each school district shall plan and budget for the implementation of the model alternative discipline programs in the school district. A school district shall budget for the model alternative discipline programs by:
(a) Eliminating the programs of discipline currently carried out in the school district that do not comply with the model alternative discipline programs and are not included on the list prepared by the department of education; and
(b) Including the costs of the model alternative discipline programs adopted by the school district in the budget of the school district.
4. Each school district shall ensure that the model alternative discipline programs adopted by the school district are carried out not later than the school year commencing in 2003.”.
Amend the bill as a whole by deleting sec. 24 and inserting:
“Sec. 24. (Deleted by amendment.)”.
Amend sec. 26, page 20, line 37, by deleting “8” and inserting “9”.
Amend sec. 26, page 20, line 39, after “3.” by inserting:
“Section 8 of this act becomes effective at 12:01 a.m. on July 1, 2001.
4.”.
Amend the title of the bill by deleting the third through eighth lines and inserting:
“diplomas that may be issued to pupils; revising provisions governing the administration of the achievement and proficiency examinations; requiring the department of education to adopt model alternative discipline programs for pupils; requiring each school district to adopt appropriate model alternative discipline programs for use in the schools within the”.
Assemblywoman Giunchigliani moved the adoption of the amendment.
Remarks by Assemblywoman Giunchigliani.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
UNFINISHED BUSINESS
Consideration of Senate Amendments
Assembly Bill No. 429.
The following Senate amendment was read:
Amendment No. 909.
Amend section 1, page 1, line 2, by deleting:
“2, 3 and 4” and inserting “2 and 3”.
Amend the bill as a whole by deleting sec. 2 and renumbering sections 3 through 7 as sections 2 through 6.
Amend sec. 3, page 1, lines 12 and 13, by deleting:
“432B.410 to 432B.465, inclusive, and”.
Amend sec. 3, page 2, line 3, by deleting “proceeding or” and inserting “proceeding and”.
Amend sec. 3, page 2, line 6, by deleting “child or” and inserting “child and”.
Amend sec. 4, page 2, line 21, by deleting “proceeding or” and inserting “proceeding and”.
Amend sec. 6, page 3, line 26, by deleting “3” and inserting “2”.
Amend sec. 7, page 3, line 30, by deleting “3” and inserting “2”.
Amend sec. 7, page 4, line 13, by deleting “child or” and inserting “child and”.
Amend the bill as a whole by adding a new section designated sec. 7, following sec. 7, to read as follows:
“Sec. 7. NRS 432B.420 is hereby amended to read as follows:
432B.420 1. A parent or other person responsible for the welfare of a child who is alleged to have abused or neglected the child may be represented by an attorney at all stages of any proceedings under NRS 432B.410 to 432B.590, inclusive. Except as otherwise provided in subsection 2, if the person is indigent, the court may appoint an attorney to represent him. The court may, if it finds it appropriate, appoint an attorney to represent the child. The child may be represented by an attorney at all stages of any proceedings held pursuant to NRS 432B.410 to 432B.590, inclusive. If the child is represented by an attorney, the attorney has the same authority and rights as an attorney representing a party to the proceedings.
2. If the court determines that the parent of an Indian child for whom protective custody is sought is indigent, the court:
(a) Shall appoint an attorney to represent the parent;
(b) May appoint an attorney to represent the Indian child; and
(c) May apply to the Secretary of the Interior for the payment of the fees and expenses of such an attorney,
as provided in the
Indian Child Welfare Act.
3. Each attorney, other than a public defender, if appointed under the provisions of subsection 1, is entitled to the same compensation and payment for expenses from the county as provided in NRS 7.125 and 7.135 for an attorney appointed to represent a person charged with a crime. Except as otherwise provided in NRS 432B.500, an attorney appointed to represent a child may also be appointed as guardian ad litem for the child. He may not receive any compensation for his services as a guardian ad litem.”.
Amend sec. 8, page 5, line 30, by deleting “3” and inserting “2”.
Amend sec. 9, page 6, line 3, by deleting “3” and inserting “2”.
Amend sec. 11, page 7, line 3, by deleting “3” and inserting “2”.
Amend sec. 12, page 9, line 47, by deleting “4” and inserting “3”.
Amend the bill as a whole by deleting sections 13 and 14, renumbering sections 15 and 16 as sections 14 and 15, and adding a new section designated sec. 13, following sec. 12, to read as follows:
“Sec. 13. NRS 128.100 is hereby amended to read as follows:
128.100 1. In any proceeding for terminating parental rights, or any rehearing or appeal thereon, the court may appoint an attorney to represent the child as his counsel and, if the child does not have a guardian ad litem appointed pursuant to NRS 432B.500, as his guardian ad litem. The child may be represented by an attorney at all stages of any proceedings for terminating parental rights. If the child is represented by an attorney, the attorney has the same authority and rights as an attorney representing a party to the proceedings.
2. If the parent or parents of the child desire to be represented by counsel, but are indigent, the court may appoint an attorney for them.
3. Each attorney appointed under the provisions of this section is entitled to the same compensation and expenses from the county as provided in NRS 7.125 and 7.135 for attorneys appointed to represent persons charged with crimes.”.
Amend sec. 15, page 11, by deleting lines 15 through 23 and inserting:
“A minor ward or proposed minor ward who is the subject of proceedings held pursuant to this chapter may be represented by an attorney at all stages of the proceedings. If the minor ward or proposed minor ward is represented by an attorney, the attorney has the same authority and rights as an attorney representing a party to the proceedings.”.
Amend the title of the bill by deleting the first through eighth lines and inserting:
“AN ACT relating to the protection of children; providing that a child may be represented by an attorney in certain proceedings that involve the child and that his attorney has certain authority and rights; requiring each person who submits a report or information to a court for consideration in certain proceedings concerning protective services for a child to provide a copy of the report or information to the parent or guardian of the child and the attorney of the parent or guardian within a certain time before the proceeding; providing that such a proceeding may be continued under certain circumstances; providing that the parent or guardian and the attorney of the parent”.
Assemblyman Anderson moved that the Assembly concur in the Senate Amendment No. 909 to Assembly Bill No. 429.
Remarks by Assemblyman Anderson.
Motion carried by a constitutional majority.
The following Senate amendment was read:
Amendment No. 1068.
Amend sec. 2, page 1, line 3, by deleting “A” and inserting:
“Except as otherwise provided in subsection 3, a”.
Amend sec. 2, page 1, line 12, by deleting “as” and inserting “if”.
Amend sec. 2, page 2, line 8, after “3.” by inserting:
“If a child was delivered to a provider of emergency services pursuant to section 1 of Senate Bill No. 191 of this session and the location of the parent of the child is unknown, a copy of a report or information described in subsection 1 need not be sent to that parent or his attorney pursuant to subsection 1.
4.”.
Amend sec. 9, page 6, line 32, by deleting “A” and inserting:
“Except as otherwise provided in this subsection, a”.
Amend sec. 9, page 6, line 34, after “child.” by inserting:
“If the child was delivered to a provider of emergency services pursuant to section 1 of Senate Bill No. 191 of this [act] session and the parent has not appeared in the action, the report need not be sent to that parent.”.
Amend sec. 9, page 6, line 40, by deleting “Notice” and inserting:
“Except as otherwise provided in this subsection and paragraph (c) of subsection 4 of NRS 432B.520, notice”.
Amend sec. 9, page 6, lines 45 and 46, by deleting:
“child,
except” and inserting:
“child. Notice of the hearing need not be given to”.
Amend the title of the bill, seventh line, by deleting “proceeding;” and inserting:
“proceeding under certain circumstances;”.
Assemblyman Anderson moved that the Assembly concur in the Senate Amendment No. 1068 to Assembly Bill No. 429.
Remarks by Assemblyman Anderson.
Motion carried by a constitutional majority.
Bill ordered to enrollment.
Signing of Bills and Resolutions
There being no objections, the Speaker and Chief Clerk signed Assembly Bills Nos. 15, 125, 177, 197, 202, 227, 259, 278, 282, 295, 386, 414, 465, 553, 557, 558, 569, 605, 607, 634; Senate Bills Nos. 6, 54, 165, 196, 201, 243, 257, 260, 352, 396, 535.
GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR
On request of Assemblyman Hettrick, the privilege of the floor of the Assembly Chamber for this day was extended to Jason Carter, Karen Tuggle, Linda Holmstead, Mary Ann Matheson, Sheryl Belshaw, Jeff Allen, Leila Aman, Michael Barnes, Morgan Barone, Jessica Berry, Jessica Boles, Matt Buccumbuso, Jessi Chitwood, Brian Clugage, Torrie Cornelius, Steven Dotts, Ricky Dudley, Robert Dykes, Conner Egan, Matt Golden, Trevor Jarland, Shauna Johnson, Kevin Kelley, Elliot Liebowitz, Philip Mannelly, Lindsey Larkin, Bonnie Matheson, Blake Maxwell, Matt McIver, Amanda McRae, Heather Morales, Shawnee Mullins, Samantha Nyblom, Sarah Riley, Andy Pozun, Blake Smith, Andrew Stephenson, Alicia Sturgess, Kattie Waggoner, Connor Witt, Skylar Young, Faith Kennard, Deon Brown, Jesee Moniz, L.J. Willette, Teddi Griffin, Brooke Allred, Allison Andraski, Brittany Baird, Tiffany Burens, Genine Crim, Meghan Emerson, Steven Forster, Leo Frediani, Molly Golden, Tim Gunsten, Kristen Haltom, Alex Hulsey, Cody Katsaris, Matt Koerner, Erik Philips, Kelly Sullivan, Paul Tolman, Monica Underwood, Natalie Walker, Jennifer Ramirez, Jessica Harmon and Tony Maresca.
On request of Assemblyman Lee, the privilege of the floor of the Assembly Chamber for this day was extended to Kyle O'Malley, Lindsay Sharp, Abby Lane, Nicole Jurzenski, Ben Johnson, Max Glasson, Stephanie Evans, Matt Johnson, Ashley Wines, Alicia Thorne, Kim McGlothlin, Hayley Shaw, Janette Bak, Eimile Kersten-Wines, Katlin Willens, Jenna Hayes, Krystie Macdonald, Nick Summers, Jay Tuttle, Devin Farnsworth, Courtney Greenwood and Kyle Olsen.
On request of Assemblywoman Parnell, the privilege of the floor of the Assembly Chamber for this day was extended to Carrie Butler, Luke Ackerman, Moises Alvarez, Emerald Apley, John Aragon, Steven Atwell, Karly Chelius, Augustus Clayton, Jared Clemmensen, Dylan Cool, Chelsea Fenn, Michael Fox, Dylan Martin, Cody Metcalf, Sarah Maier, Shirley Sanchez, Alyssa Sharp, Tyler Short, Stephanie Clark, Oddetta Coughlin, Willow Evans and Lise Schneider.
On request of Assemblywoman Smith, the privilege of the floor of the Assembly Chamber for this day was extended to Chelsea Correia.
Assemblywoman Buckley moved that the Assembly adjourn until Wednesday, May 31, 2001 at 11:00 a.m.
Motion carried.
Assembly adjourned at 1:50 p.m.
Approved: Richard D. Perkins
Attest: Jacqueline Sneddon