THE ONE HUNDRED AND TENTH DAY
Carson City(Friday), May 25, 2001
Senate called to order at 11:40 a.m.
President Hunt presiding.
Roll called.
All present except Senators Neal and O'Donnell, who were excused.
Prayer by the Chaplain, Dr. Ken Haskins.
Almighty God and loving heavenly Father, how awesome is the strength of Your right arm. All things are possible with Your help. We do, therefore, invoke Your presence and ask Your blessing upon these Senators. Grant them the strength and all that is necessary to perform well their tasks this day. In Jesus' Name, we pray.
Amen.
Pledge of allegiance to the Flag.
Senator Raggio moved that further reading of the Journal be dispensed with, and the President and Secretary be authorized to make the necessary corrections and additions.
Motion carried.
REPORTS OF COMMITTEES
Madam President:
Your Committee on Commerce and Labor, to which was referred Assembly Bill No. 133, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Randolph J. Townsend, Chairman
Madam President:
Your Committee on Finance, to which were referred Assembly Bills Nos. 177, 605, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also, your Committee on Finance, to which was re-referred Senate Bill No. 193, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass, as amended.
Also, your Committee on Finance, to which were referred Senate Bills Nos. 432, 435, 436, 439, 440, 441, 446, 455, 456, 457, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Also, your Committee on Finance, to which was re-referred Senate Bill No. 208, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
William J. Raggio, Chairman
Madam President:
Your Committee on Government Affairs, to which was referred Assembly Bill No. 219, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also, your Committee on Government Affairs, to which were referred Assembly Bills Nos. 102, 182, 314, 461, 560, 638, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Ann O'Connell, Chairman
Madam President:
Your Committee on Human Resources and Facilities, to which were referred Assembly Bills Nos. 442, 459, 482, 499, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Raymond D. Rawson, Chairman
Madam President:
Your Committee on Judiciary, to which were referred Assembly Bills Nos. 254, 578, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Mark A. James, Chairman
Madam President:
Your Committee on Judiciary, to which was referred Assembly Bill No. 667, has had the same under consideration, and begs leave to report the same back with the recommendation: Re-refer to the Committee on Commerce and Labor.
Mike McGinness , Acting Chairman
Madam President:
Your Committee on Natural Resources, to which was referred Assembly Bill No. 419, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Dean A. Rhoads, Chairman
MESSAGES FROM THE ASSEMBLY
Assembly Chamber, Carson City, May 24, 2001
To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day passed Senate Bills Nos. 112, 115, 221, 223, 237, 289, 311, 337.
Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bills Nos. 235, 273, 297, 448.
Also, I have the honor to inform your honorable body that the Assembly amended, and on this day passed, as amended, Senate Bill No. 83, Amendment No. 894; Senate Bill No. 113, Amendment No. 878; Senate Bill No. 116, Amendment No. 884; Senate Bill No. 171, Amendment No. 895; Senate Bill No. 210, Amendment No. 954; Senate Bill No. 236, Amendment No. 879; Senate Bill No. 245, Amendment No. 838; Senate Bill No. 356, Amendment No. 916; Senate Bill No. 405, Amendment No. 881; Senate Bill No. 502, Amendment No. 988, and respectfully requests your honorable body to concur in said amendments.
Also, I have the honor to inform your honorable body that the Assembly on this day adopted Assembly Concurrent Resolution No. 35; Senate Concurrent Resolution No. 49.
Patricia R. Williams
Assistant Chief Clerk of the Assembly
MOTIONS, RESOLUTIONS AND NOTICES
Whereas, The members of the 71st session of the Nevada Legislature have been sincerely appreciative of the daily religious services rendered by members of the clergy representing various denominations; and
Whereas, The invocations offered by the clergy provided inspiration and guidance for the members of the Nevada Legislature as they faced the challenges and demands of the 71st session; and
Whereas, A reasonable compensation should be provided for the clergy who performed such services; now, therefore, be it
Resolved by the assembly of the State of Nevada, the Senate Concurring, That the State Controller is authorized and directed to pay the sum of $35 per service out of the legislative fund to the members of the clergy who have performed religious services for the Assembly and the Senate during the 71st session of the Nevada Legislature.
Senator Raggio moved the adoption of the resolution.
Remarks by Senator Raggio.
Senator Raggio requested that his remarks be entered in the Journal.
This is a measure we process every session. We appreciate the clergy who have committed to serve the session. This resolution provides their compensation. I know we would like to add our thanks to the clergy. I have apologized to most of the clergy for telling them we start at a time certain when, in fact, we are always somewhat tardy. They have been very reliable and efficient. I know their spiritual words have had an impact on us. In adopting this resolution, it goes with our additional thanks for their commitment and service.
Resolution adopted.
Resolution ordered transmitted to the Assembly.
Senator O'Connell moved that Assembly Bill No. 428 be taken from the Secretary's desk and placed at the bottom of the Second Reading File.
Remarks by Senator O'Connell.
Motion carried.
Senator O'Connell moved that Assembly Bill No. 483 be taken from the General File and placed on the Secretary’s desk.
Remarks by Senator O'Connell.
Motion carried.
Senator McGinness moved that Assembly Bill No. 667 be re-referred to the Committee on Commerce and Labor.
Remarks by Senator McGinness.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
By the Committee on Finance:
Senate Bill No. 578—AN ACT relating to the department of motor vehicles and public safety; revising the amount of money required to be transferred annually from the account for verification of insurance to the state highway fund; requiring the department to increase certain fees as necessary to cover the actual cost of production of photographs for drivers’ licenses and identification cards; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.
Assembly Bill No. 235.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
Assembly Bill No. 273.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
Assembly Bill No. 297.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
Assembly Bill No. 448.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
SECOND READING AND AMENDMENT
Senate Bill No. 477.
Bill read second time.
The following amendment was proposed by the Committee on Finance:
Amendment No. 978.
Amend section 1, page 1, line 2, by deleting “Human Resources” and inserting: “Employment, Training and Rehabilitation for the Independent Living State Client Services Program”.
Amend the title of the bill, first line, by deleting “Human Resources” and inserting: “Employment, Training and Rehabilitation for the Independent Living State Client Services Program”.
Amend the summary of the bill to read as follows:
Senator Raggio moved the adoption of the amendment.
Remarks by Senator Raggio.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 27.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 902.
Amend section 1, page 1, line 19, by deleting “and”.
Amend section 1, page 1, line 20, by deleting “hats.” and inserting: “hats;
(f) The supervising entity obtains written permission from the parents or guardians of the children; and
(g) The supervising entity obtains written permission from and complies with all safety rules of the governmental entity with authority over the controlled-access highway.”.
Amend section 1, page 2, line 10, by deleting “and”.
Amend section 1, page 2, line 11, by deleting “hats.” and inserting: “hats;
(e) The supervising entity obtains written permission from the parents or guardians of the children; and
(f) The supervising entity obtains written permission from and complies with all safety rules of the governmental entity with authority over the highway.”.
Amend section 1, page 2, by deleting lines 12 through 15 and inserting:
“4. Upon the request of the parent or guardian of a child who is assigned to perform work or community service on or near a highway pursuant to subsection 2 or 3, the supervising entity shall make available to the parent or guardian of the child information regarding the nature of the work or community service to be performed by the child and the specific location at which the work or community service is to be performed.”.
Senator Porter moved the adoption of the amendment.
Remarks by Senator Porter.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assembly Bill No. 37.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 903.
Amend the bill as a whole by deleting section 1 and adding a new section designated section 1, following the enacting clause, to read as follows:
“Section 1. NRS 125B.070 is hereby amended to read as follows:
125B.070 1. As used in this section and NRS 125B.080, unless the context otherwise requires:
(a) “Gross monthly income” means the total amount of income received each month from any source of a [wage-earning employee] person who is not self-employed or the gross income from any source of a self-employed person, after deduction of all legitimate business expenses, but without deduction for personal income taxes, contributions for retirement benefits, contributions to a pension or for any other personal expenses.
(b) “Obligation for support” means the sum certain dollar amount determined according to the following schedule:
(1) For one child, 18 percent;
(2) For two children, 25 percent;
(3) For three children, 29 percent;
(4) For four children, 31 percent; and
(5) For each additional child, an additional 2 percent,
of a parent’s gross monthly income, but not more than [$500] the presumptive maximum amount per month per child set forth for the parent in subsection 2 for an obligation for support determined pursuant to subparagraphs (1) to (4), inclusive, unless the court sets forth findings of fact as to the basis for a different amount pursuant to subsection 6 of NRS 125B.080.
2. [On or before January 18, 1993, and on or before the third Monday in January every 4 years thereafter, the State Bar of Nevada shall review the formulas set forth in this section to determine whether any modifications are advisable and report to the legislature their findings and any proposed amendments.] For the purposes of paragraph (b) of subsection 1, the presumptive maximum amount per month per child for an obligation for support, as adjusted pursuant to subsection 3, is:
PRESUMPTIVE MAXIMUM AMOUNT
The Presumptive Maximum Amount the
INCOME RANGE Parent May Be Required To Pay
If the Parent’s Gross But Not Per Month Per Child Pursuant to
Monthly Income is At Least Greater Than Paragraph (b) of Subsection 1 Is
$0 - $4,167 $500
4,168 - 6,250 550
6,251 - 8,333 600
8,334 - 10,417 650
10,418 - 12,500 700
12,501 - 14,583 750
If a parent’s gross monthly income is greater than $14,583, the presumptive maximum amount the parent may be required to pay pursuant to paragraph (b) of subsection 1 is $800.
3. The amounts set forth in subsection 2 for each income range and the corresponding amount of the obligation for support must be adjusted on July 1 of each year for the fiscal year beginning that day and ending June 30 in a rounded dollar amount corresponding to the percentage of increase or decrease in the Consumer Price Index (All Items) published by the United States Department of Labor for the preceding calendar year. On April 1 of each year, the office of court administrator shall determine the amount of the increase or decrease required by this subsection, establish the adjusted amounts to take effect on July 1 of that year and notify each district court of the adjusted amounts.
4. As used in this section, “office of court administrator” means the office of court administrator created pursuant to NRS 1.320.”.
Amend sec. 2, page 3, lines 21 and 22, by deleting: “gross annual income or”.
Amend sec. 2, page 3, by deleting line 28 and inserting: “adjustment made pursuant to subsection 3 of NRS 125B.070 or”.
Amend sec. 2, page 4, line 15, before “responsibility” by inserting “legal”.
Amend the bill as a whole by adding a new section designated sec. 3, following sec. 2, to read as follows:
“Sec. 3. This act becomes effective on April 1, 2002, for the purpose of allowing the office of court administrator to adjust the presumptive maximum amount per month per child for an obligation for support pursuant to subsection 3 of NRS 125B.070, as amended by this act, and on July 1, 2002, for all other purposes.”.
Amend the title of the bill to read as follows:
“AN ACT relating to child support; increasing the presumptive maximum monthly amount that certain parents may be required to pay for support of a child; requiring the office of court administrator to adjust annually the amount of such payments based on the consumer price index; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Revises provisions governing presumptive maximum monthly amount that certain parents may be required to pay for support of their children. (BDR 11‑1051)”.
Senator Porter moved the adoption of the amendment.
Remarks by Senator Porter.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assembly Bill No. 82.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 904.
Amend section 1, page 1, after line 15, by inserting:
“3. A person who obtains an order pursuant to NRS 200.591 must not be charged any fee to have the order served in this state.”.
Amend the bill as a whole by adding a new section designated sec. 2, following section 1, to read as follows:
“Sec. 2. This act becomes effective upon passage and approval.”.
Amend the title of the bill, third line, after “party;” by inserting: “making various other changes pertaining to such an order;”.
Senator Wiener moved the adoption of the amendment.
Remarks by Senator Wiener.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assembly Bill No. 202.
Bill read second time and ordered to third reading.
Assembly Bill No. 227.
Bill read second time and ordered to third reading.
Assembly Bill No. 248.
Bill read second time.
The following amendment was proposed by the Committee on Human Resources and Facilities:
Amendment No. 1031.
Amend sec. 2, page 2, line 16, by deleting: “pursuant to NRS 432B.393”.
Amend sec. 2, page 2, line 18, after “(a).” by inserting: “The provisions of subsections 4, 5 and 6 of NRS 432B.393 shall be deemed to apply to the reasonable efforts required by this paragraph.”.
Amend sec. 6, page 8, lines 28 and 30, by deleting “only”.
Amend sec. 6, page 8, line 36, by deleting “and”.
Amend sec. 6, page 8, line 37, by deleting “applicable.” and inserting: “applicable; and
(h) Consider any other matters the court deems relevant.”.
Amend sec. 14, page 13, line 15, after “procedures.” by inserting: “The provisions of this subsection do not limit the jurisdiction of the court to review any decisions of the agency with legal custody of the child regarding the permanent placement of the child.”.
Amend the bill as a whole by renumbering sections 18 and 19 as sections 19 and 20 and adding a new section designated sec. 18, following sec. 17, to read as follows:
“Sec. 18. Section 2 of Assembly Bill No. 336 of this session is hereby amended to read as follows:
Sec. 2. NRS 127.152 is hereby amended to read as follows:
127.152 1. Except as otherwise provided in subsection [2,] 3, the division or a licensed child-placing agency shall provide the adopting parents of a child with a report which includes:
(a) A copy of any medical records of the child which are in the possession of the division or licensed child-placing agency . [; and]
(b) Any information obtained by the division or licensed child-placing agency during interviews of the natural parent regarding:
(1) The medical and sociological history of the child and the natural parents of the child; and
(2) Any behavioral, emotional or psychological problems that the child may have. Information regarding any behavioral, emotional or psychological problems that the child may have must be discussed in accordance with policies adopted by the division for the disclosure of such information.
(c) Written information regarding any subsidies, assistance and other services that may be available to the child if it is determined pursuant to NRS 127.186 that he has any special needs.
2. The division or child-placing agency shall obtain from the adopting parents written confirmation that the adopting parents have received the report required pursuant to subsection 1.
3. The report [created] required pursuant to subsection 1 must exclude any information that would lead to the identification of the natural parent.
[3.] 4. The division shall adopt regulations specifying the procedure and format for the provision of information pursuant to this section, which may include the provision of a summary of certain information. If a summary is provided pursuant to this section, the adopting parents of the child may also obtain the information set forth in subsection 1.”.
Amend sec. 19, page 14, line 18, by deleting “18” and inserting “19”.
Amend sec. 19, page 14, by deleting line 20 and inserting:
“2. Sections 1 to 4, inclusive, 6 to 15, inclusive, and 18 of this act and”.
Amend sec. 19, page 14, line 21, by deleting “18” and inserting “19”.
Senator Rawson moved the adoption of the amendment.
Remarks by Senator Rawson.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assembly Bill No. 295.
Bill read second time and ordered to third reading.
Assembly Bill No. 305.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 912.
Amend section 1, page 1, line 4, after “of” by inserting: “financial gain and the purpose of”.
Amend section 1, page 1, line 8, after “is” by inserting “nude and”.
Amend section 1, page 1, by deleting line 9 and inserting: “expectation of privacy. For the purposes of this subsection:
(a) A male person is “nude” if any portion of the genitals or pubic area of the person is showing with less than a fully opaque covering.
(b) A female person is “nude” if any portion of the genitals, pubic area or breast of the person is showing with less than a fully opaque covering.
(c) “Place in”.
Senator Porter moved the adoption of the amendment.
Remarks by Senator Porter.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 320.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
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”.
Senator Amodei moved the adoption of the amendment.
Remarks by Senator Amodei.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assembly Bill No. 328.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 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”.
Senator Care moved the adoption of the amendment.
Remarks by Senator Care.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assembly Bill No. 338.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 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.”.
Senator Townsend moved the adoption of the amendment.
Remarks by Senator Townsend.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assembly Bill No. 394.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 907.
Amend sec. 2, page 4, by deleting lines 45 and 46 and inserting: “regarding this guilty plea agreement and its consequences to my satisfaction”.
Senator Wiener moved the adoption of the amendment.
Remarks by Senator Wiener.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
In compliance with a notice given on the previous day, Senator Rhoads moved that the vote whereby Assembly Bill No. 383 was passed be reconsidered.
Remarks by Senator Rhoads.
Motion carried.
Senator Rhoads moved that Assembly Bill No. 383 be placed at the bottom of the General File.
Remarks by Senator Rhoads.
Motion carried.
Senator Rhoads moved that the Senate recess subject to the call of the Chair.
Motion carried.
Senate in recess at 12:12 p.m.
SENATE IN SESSION
At 12:24 p.m.
President Hunt presiding.
Quorum present.
SECOND READING AND AMENDMENT
Assembly Bill No. 395.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 818.
Amend sec. 2, page 3, by deleting lines 19 through 47 and inserting:
“1. “Administrator” means the administrator of the health division.
2. “Alcohol and drug abuse program” means a project concerned with education, prevention and treatment directed toward achieving the mental and physical restoration of alcohol and drug abusers.
3. “Alcohol and drug abuser” means a person whose consumption of alcohol or other drugs, or any combination thereof, interferes with or adversely affects his ability to function socially or economically.
4. “Alcoholic” means any person who habitually uses alcoholic beverages to the extent that he endangers the health, safety or welfare of himself or any other person or group of persons.
5. “Board” means the state board of health.
6. “Civil protective custody” means a custodial placement of a person to protect his health or safety. Civil protective custody does not have any criminal implication.
7. “Detoxification technician” means a person who is certified by the health division to provide screening for the safe withdrawal from alcohol and other drugs.
8. “Facility” means a physical structure used for the education, prevention and treatment, including mental and physical restoration, of alcohol and drug abusers.
9. “Halfway house for recovering alcohol and drug abusers” means a residence that provides housing and a living environment for alcohol and drug abusers and is operated to facilitate their reintegration into the community, but does not provide treatment for alcohol or drug abuse. The term does not include a facility for the treatment of abuse of alcohol or drugs as defined in NRS 449.00455.
10. “Health division” means the health division of the department of human resources.”.
Amend sec. 3, pages 4 and 5, by deleting lines 2 through 47 on page 4 and lines 1 through 3 on page 5, and inserting:
“458.025 The health division:
1. Shall formulate and operate a comprehensive state plan for alcohol and drug abuse programs which must include:
(a) A survey of the need for prevention and treatment of alcohol and drug abuse, including a survey of the facilities needed to provide services and a plan for the development and distribution of services and programs throughout this state.
(b) A plan for programs to educate the public in the problems of the abuse of alcohol and other drugs.
(c) A survey of the need for persons who have professional training in fields of health and other persons involved in the prevention of alcohol and drug abuse and in the treatment and recovery of alcohol and drug abusers, and a plan to provide the necessary treatment. In developing and revising the state plan, the health division shall consider, without limitation, the amount of money available from the Federal Government for alcohol and drug abuse programs and the conditions attached to the acceptance of that money, and the limitations of legislative appropriations for alcohol and drug abuse programs.
2. Shall coordinate the efforts to carry out the state plan and coordinate all state and federal financial support of alcohol and drug abuse programs in this state.
3. Must be consulted in the planning of projects and advised of all applications for grants from within this state which are concerned with alcohol and drug abuse programs, and shall review the applications and advise the applicants concerning the applications.
4. Shall certify or deny certification of any halfway houses for recovering alcohol and drug abusers, detoxification technicians or any facilities or programs on the basis of the standardsestablished by the board pursuant to this section, and publish a list of certified halfway houses for recovering alcohol and drug abusers, detoxification technicians, facilities and programs. Any halfway houses for recovering alcohol and drug abusers, detoxification technicians, facilities or programs which are not certified are ineligible to receive state and federal money for alcohol and drug abuse programs. The board shall adopt regulations. The regulations:
(a) Must prescribe the standards for certification of halfway houses for recovering alcohol and drug abusers, facilities and programs;
(b) Must prescribe the requirements for continuing education for persons certified as detoxification technicians; and
(c) May prescribe the fees for the certification of halfway houses for recovering alcohol and drug abusers, detoxification technicians, facilities or programs. A fee prescribed pursuant to this paragraph must be calculated to produce the revenue estimated to cover the costs related to the certifications, but in no case may a fee for a certificate exceed the actual cost to the health division of issuing the certificate.
5. Upon request from a facility which is self-supported, may certify the facility, its programs and detoxification technicians and add them to the list described in subsection 4.”.
Amend sec. 4, page 5, by deleting lines 7 through 18 and inserting: “house for recovering alcohol and drug abusers must submit to the health division the statement prescribed by the welfare division of the department of human resources pursuant to NRS 425.520. The statement must be completed and signed by the applicant.
2. The health division shall include the statement required pursuant to subsection 1 in:
(a) The application or any other forms that must be submitted for the issuance or renewal of the certification; or
(b) A separate form prescribed by the health division.
3. The certification of a person as a detoxification technician or as the operator of a halfway house for recovering alcohol and drug abusers may not be issued or renewed by the health division if the applicant:”.
Amend sec. 4, page 5, line 30, by deleting “director” and inserting “administrator”.
Amend sec. 5, page 5, by deleting lines 35 through 49 and inserting:
“458.027 1. If the health divisionreceives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who has been certified as a detoxification technician or as the operator of a halfway house for recovering alcohol and drug abusers, the health division shall deem the certification to be suspended at the end of the 30th day after the date on which the court order was issued unless the health division receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person who has been certified stating that the person has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
2. The health division shall reinstate the certification of a person as a detoxification technician or as the operator of a halfway house for recovering alcohol and drug abusers that has been suspended by a district court pursuant to NRS 425.540 if the health division receives a letter issued by the”.
Amend sec. 7, page 6, by deleting line 13 and inserting: “the health division”.
Amend sec. 7, page 6, line 15, by deleting “bureau” and inserting “health division”.
Amend sec. 8, page 6, line 18, by deleting “bureau” and inserting “health division”.
Amend sec. 8, page 6, line 19, by deleting “first”.
Amend sec. 9, page 6, line 23, by deleting “bureau” and inserting “health division”.
Amend sec. 9, page 6, by deleting line 36 and inserting “board.”.
Amend sec. 10, page 6, by deleting line 41 and inserting: “standard or regulation adopted by the board, the health division may:”.
Amend sec. 10, page 6, line 47, by deleting “bureau” and inserting “health division”.
Amend sec. 10, page 7, line 8, by deleting “bureau” and inserting “health division”.
Amend sec. 11, page 7, line 11, by deleting “bureau” and inserting “health division”.
Amend sec. 11, page 7, line 15, by deleting “therefor;” and inserting: “therefor from the health division;”.
Amend sec. 11, page 7, by deleting line 17 and inserting “health division.”.
Amend sec. 12, page 7, line 24, by deleting “bureau,” and inserting “health division,”.
Senator O'Connell moved the adoption of the amendment.
Remarks by Senator O'Connell.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assembly Bill No. 414.
Bill read second time and ordered to third reading.
Assembly Bill No. 417.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 908.
Amend section 1, page 1, by deleting lines 2 through 15 and inserting: “48.061 [Evidence]
1. Except as otherwise provided in subsection 2, evidence of domestic violence [as defined in NRS 33.018] and expert testimony concerning the effect of domestic violence , including, without limitation, the effect of physical, emotional or mental abuse, on the beliefs, behavior and perception of the [person alleging] alleged victim of the domestic violence that is offered by the prosecution or defense is admissible in [chief and in rebuttal,] a criminal proceeding for any relevant purpose, including, without limitation, when determining:
[1.] (a) Whether a [person] defendant is excepted from criminal liability pursuant to subsection 7 of NRS 194.010, to show the state of mind of the defendant.
[2.] (b) Whether a [person] defendant in accordance with NRS 200.200 has killed another in self-defense, toward the establishment of the legal defense.
2. Expert testimony concerning the effect of domestic violence may not be offered against a defendant pursuant to subsection 1 to prove the occurrence of an act which forms the basis of a criminal charge against the defendant.
3. As used in this section, “domestic violence” means the commission of any act described in NRS 33.018.”.
Senator James moved the adoption of the amendment.
Remarks by Senator James.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assembly Bill No. 429.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
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”.
Senator Porter moved the adoption of the amendment.
Remarks by Senator Porter.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assembly Bill No. 447.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 928.
Amend sec. 6, page 1, by deleting lines 20 and 21 and inserting:
“Sec. 6. “Home loan” means a consumer credit transaction that:
1. Is secured by a mortgage loan which involves real property located within this state; and
2. Constitutes a mortgage under § 152 of the Home Ownership and Equity Protection Act of 1994, 15 U.S.C. § 1602(aa), and the regulations adopted by the Board of Governors of the Federal Reserve System pursuant thereto, including, without limitation, 12 C.F.R. § 226.32.”.
Amend the bill as a whole by deleting sections 7 and 8 and inserting:
“Secs. 7 and 8. (Deleted by amendment.)”.
Amend sec. 11, page 2, line 20, by deleting “assets.” and inserting: “assets, including, without limitation, income.”.
Amend sec. 11, page 2, by deleting line 22 and inserting: “refinancing by the original borrower of a home loan owned by the lender or an affiliate of the lender.”.
Amend sec. 11, page 2, line 40, by deleting “WITHOUT FINANCING”.
Amend sec. 11, page 2, by deleting lines 42 and 43.
Amend sec. 12, page 3, line 11, after “lender” by inserting “willfully”.
Amend sec. 12, page 3, by deleting lines 13 through 18 and inserting: “loan, the lender is liable to the borrower in an amount equal to the sum of:
(a) Three times the amount of actual damages sustained by the borrower; and
(b) If an action brought by the borrower is successful in enforcing the liability imposed by paragraph (a), the costs of bringing the action and reasonable attorney’s fees as determined by the court.
3. The borrower has a defense against the unpaid obligation of the home loan to the extent of any amount awarded by a court pursuant to paragraph (a) of subsection 2, and the court, in addition to any other legal or equitable remedy, may cure any existing default of the home loan and cancel any pending foreclosure sale, trustee’s sale or other sale to enforce the home loan.”.
Amend sec. 13, page 3, by deleting lines 22 through 24 and inserting: “general in an amount not to exceed $5,000.”.
Amend the bill as a whole by deleting sections 15 and 16 and inserting:
“Secs. 15 and 16. (Deleted by amendment.)”.
Amend the bill as a whole by adding a new section designated sec. 18.5, following sec. 18, to read as follows:
“Sec. 18.5. The provisions of this act apply only to home loans entered into on or after October 1, 2001.”.
Senator Townsend moved the adoption of the amendment.
Remarks by Senator Townsend.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assembly Bill No. 452.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
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.”
Senator Townsend moved the adoption of the amendment.
Remarks by Senator Townsend.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assembly Bill No. 465.
Bill read second time and ordered to third reading.
Assembly Bill No. 466.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 910.
Amend sec. 2, page 3, line 16, by deleting: “90 days. If within 90” and inserting: “120 days. If within [90] 120”.
Amend sec. 2, page 3, line 42, by deleting “90-day” and inserting [90-day] 120-day”.
Amend the bill as a whole by renumbering sections 3 and 4 as sections 8 and 9 and adding new sections designated sections 3 through 7, following sec. 2, to read as follows:
“Sec. 3. NRS 463A.010 is hereby amended to read as follows:
463A.010 The legislature finds and declares that:
1. The relationship which exists between a labor organization and the employees whom it represents or seeks to represent in collective bargaining is such that it may significantly affect the conduct of a gaming operation by an employer.
2. In the past, attempts have been made by persons whose background is not suitable for association with licensed gaming to gain positions of control in labor organizations representing or seeking to represent gaming casino employees in this state.
3. In order to carry out the declared policy of this state that licensed gaming be conducted freely and honestly, and in order to protect the welfare of the employees of the gaming industry which is fundamental to the economy of this state, it is necessary to determine the suitability of any person who performs or seeks to perform certain significant functions in the representation of gaming casino employees in this state.
Sec. 4. NRS 463A.020 is hereby amended to read as follows:
463A.020 As used in this chapter:
1. “Board” means the state gaming control board.
2. “Commission” means the Nevada gaming commission.
3. “Gaming casino employee” means any person employed directly or indirectly in the operation of a gaming establishment under a nonrestricted license, including:
(a) All personnel involved in the operation of a casino gaming pit, such as dealers, shills, clerks, hosts, junket representatives and the supervisors of such persons;
(b) All personnel involved in handling money, such as cashiers, change persons, count teams, coin wrappers and the supervisors of such persons;
(c) All personnel involved in the operation of games, such as bingo and keno;
(d) All personnel involved in operating and maintaining slot machines, such as mechanics, floormen, change and payoff persons and the supervisors of such persons;
(e) All personnel involved in security, such as guards, games observers and the supervisors of such persons;
(f) All personnel involved in the operation of a race or sports book, such as writers, boardmen, cashiers and the supervisors of such persons;
(g) All personnel involved in the operation of a pari-mutuel operation licensed under chapter 464 of NRS and any sporting event on which such pari-mutuel wagering is conducted; and
(h) Such other persons whose duties are similar to the classifications set forth in paragraphs (a) to (g), inclusive, as the commission may from time to time designate by regulation, but does not include personnel whose duties are related solely to such nongaming activities as entertainment, hotel operation, maintenance and the preparation and serving of food and beverages.
4. “Labor organization” means an organization of any kind, or any agency or employee representation committee or plan, which exists for the purpose, in whole or in part, of dealing or seeking to deal with employers of gaming casino employees concerning grievances, labor disputes, wages, rates of pay, hours of employment or conditions of work of gaming casino employees.
Sec. 5. NRS 463A.030 is hereby amended to read as follows:
463A.030 1. [Every] Not later than the date on which a labor organization which represents or seeks to represent gaming casino employees in this state begins an organizational activity directed at a gaming casino employee, the labor organization shall file with the board a list of its personnel who:
(a) Adjust or seek to adjust grievances for, negotiate or administer the wages, hours, working conditions or conditions of employment of any gaming casino employee;
(b) Solicit, collect or receive or seek to solicit, collect or receive any dues, assessments, levies, fines, contributions or other charges within this state for or on behalf of the organization from gaming casino employees; or
(c) Act as officers, members of the governing body, business agents or in any other policymaking or supervisory position in the organization.
2. Each person listed shall file with the board his fingerprints and complete information in writing concerning his labor organization activities, prior performance of the same or similar functions, previous employment or occupational history, and criminal record if any, covering at least a 10-year period unless the board determines that a shorter period is appropriate.
3. The commission shall by regulation prescribe the frequency or circumstances or both with or under which the list [shall] must be revised.
4. The commission may by regulation prescribe:
(a) Any further information to be required concerning each person listed or each person performing a particular function.
(b) The addition of other personnel to the list whose duties significantly affect the conduct of a gaming operation.
5. In adopting regulations pursuant to this section, the commission shall proceed in the manner prescribed in chapter 463 of NRS.
6. For the purposes of this section, “organizational activity” includes, without limitation:
(a) Soliciting membership by direct personal contact;
(b) Distributing cards regarding interests or representation; and
(c) Distributing or posting a flyer, poster or advertisement.
Sec. 6. NRS 463A.050 is hereby amended to read as follows:
463A.050 1. To determine suitability under and compliance with the provisions of this chapter, the board may investigate any person whose name is listed by a labor organization or who it believes is performing or seeking to perform a function which requires listing. For this purpose , the board is vested with all of the powers which it possesses for the investigation of an applicant for or holder of a state gaming license, and may further make such examination as it reasonably deems necessary of the financial records of any labor organization for whom such a person is performing or seeking to perform such a function.
2. The cost of any investigation required by this section [shall] must be paid by the board from [moneys] money appropriated or authorized to be used for this purpose.
3. Whenever the board undertakes an investigation pursuant to this section, [it] the board shall employ or consult with some person who has a professional background in the field of labor relations. The same services may be retained to assist the commission upon any subsequent hearing of the matter.
4. The board shall, if appropriate, recommend to the commission that a person investigated be disqualified.
Sec. 7. NRS 463A.060 is hereby amended to read as follows:
463A.060 1. If the board recommends that a person be disqualified, the commission shall serve upon the person and the labor organization for which the person is performing his function [a notice, a] or seeking to perform that function:
(a) A notice;
(b) A statement of the reasons for the recommendation ; and [three]
(c) Three copies of a form entitled “Notice of Defense.”
2. The notice of defense must read substantially as follows:
NOTICE OF DEFENSE
Instructions to Respondents: Two copies of this form should be filed with the Nevada gaming commission, Carson City, Nevada, within 15 days after service upon you of the enclosed complaint. The form must be signed by you or on your behalf. You will note that blanks are provided for any information you wish to supply.
YesNo
1. Do you request a hearing?¨¨
2. Do you admit the facts stated in the complaint?¨¨
If you admit some of the facts stated in the complaint, but deny others, please specify:
(space for answer)
3. Are there any defenses or explanations which you believe the commission should consider?¨¨
If so, please specify:
(space for answer)
4. Do you wish to state any legal objections to the complaint?¨¨
If so, please specify:
(space for answer)
Note: If you fail to file two copies of this form as specified, the commission may proceed upon the complaint without a hearing.”.
Amend sec. 3, page 6, line 10, after “of” by inserting:“sections 1 and 2 of”.
Amend sec. 4, page 6, line 20, by deleting “becomes” and inserting: “and sections 3 to 7, inclusive, of this act become”.
Amend sec. 4, page 6, line 22, by deleting “3” and inserting “8”.
Amend the title of the bill, third line, after “permit;” by inserting: “revising various provisions governing the listing, investigation and disqualification of personnel of a labor organization for gaming employees;”.
Amend the summary of the bill to read as follows:
“SUMMARY—Provides for issuance of statewide work permits for gaming employees and revises various provisions governing labor organizations for gaming employees. (BDR 41‑244)”.
Senator Washington moved the adoption of the amendment.
Remarks by Senator Washington.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assembly Bill No. 468.
Bill read second time.
The following amendment was proposed by the Committee on Natural Resources:
Amendment No. 981.
Amend section 1, page 2, by deleting line 12 and inserting:
“4. A tax may not be imposed pursuant to this section on water that is”.
Senator Rhoads moved the adoption of the amendment.
Remarks by Senator Rhoads.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assembly Bill No. 469.
Bill read second time.
The following amendment was proposed by the Committee on Natural Resources:
Amendment No. 982.
Amend section 1, page 1, line 2, by deleting “5,” and inserting “7,”.
Amend sec. 2, page 1, by deleting lines 3 through 5 and inserting:
“Sec. 2. As used in sections 2 to 7, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 and 4 of this act have the meanings ascribed to them in those sections.”.
Amend the bill as a whole by renumbering sections 3 through 9 as sections 5 through 11 and adding new sections designated sec. 3 and sec. 4, following sec. 2, to read as follows:
“Sec. 3. “Division” means the division of wildlife of the state department of conservation and natural resources.
Sec. 4. “Interstate waters of the state” means waters forming the boundary between the State of Nevada and an adjoining state.”.
Amend sec. 3, page 1, line 8, after “any” by inserting “interstate”.
Amend sec. 3, page 2, line 12, after “the” by inserting “interstate”.
Amend sec. 3, page 2, line 16, after “any” by inserting “interstate”.
Amend sec. 3, page 2, line 38, after “motorboats” by inserting: “for operation on the interstate waters of this state”.
Amend sec. 3, page 2, line 40, before “waters” by inserting “interstate”.
Amend sec. 3, page 3, line 4, after “the” by inserting “interstate”.
Amend sec. 3, page 3, line 9, after “motorboats” by inserting: “for operation on the interstate waters of this state”.
Amend sec. 3, page 3, line 20, after “motorboats” by inserting: “for operation on the interstate waters of this state”.
Amend sec. 5, page 3, line 44, by deleting “4” and inserting “6”.
Amend sec. 6, page 4, line 20, by deleting “3” and inserting “5”.
Amend sec. 7, page 4, line 48, after “the” by inserting “interstate”.
Amend sec. 7, page 5, line 2, after “Administrators.” by inserting: “As used in this subsection, “interstate waters of this state” means waters forming the boundary between the State of Nevada and an adjoining state.”.
Amend sec. 8, page 5, line 3, by deleting “3” and inserting “5”.
Amend sec. 9, page 5, line 5, by deleting: “1, 2, 4 and 8” and inserting: “1 to 4, inclusive, 6 and 10”.
Amend sec. 9, page 5, line 7, by deleting “5” and inserting “7”.
Amend sec. 9, page 5, line 10, by deleting: “3, 6 and 7” and inserting: “5, 8 and 9”.
Amend the title of the bill, first line, after “motorboats” by inserting: “on certain waters”.
Senator Rhoads moved the adoption of the amendment.
Remarks by Senators Rhoads and Carlton.
Amendment adopted.
Senator Rhoads moved that Assembly Bill No. 469 be re-referred to the Committee on Finance upon return from reprint.
Motion carried.
Bill ordered reprinted, re-engrossed and to the Committee on Finance.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Washington moved the Assembly Bill No. 394 be placed on the Secretary’s desk upon return from reprint.
Remarks by Senator Washington.
Motion carried.
Senator Rhoads moved that the action whereby Assembly Bill No. 469 was re-referred to the Committee on Finance upon return from reprint be rescinded.
Remarks by Senator Rhoads.
Motion carried.
Senator Amodei moved that Assembly Bill No. 320 be placed on the Secretary’s desk upon return from reprint.
Remarks by Senator Amodei.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 500.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
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)”.
Senator Titus moved the adoption of the amendment.
Remarks by Senator Titus.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assembly Bill No. 550.
Bill read second time.
The following amendment was proposed by the Committee on Human Resources and Facilities:
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”.
Senator Rawson moved the adoption of the amendment.
Remarks by Senator Rawson.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assembly Bill No. 553.
Bill read second time and ordered to third reading.
Assembly Bill No. 557.
Bill read second time and ordered to third reading.
Assembly Bill No. 568.
Bill read second time and ordered to third reading.
Assembly Bill No. 569.
Bill read second time and ordered to third reading.
Assembly Bill No. 574.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 900.
Amend sec. 3, page 4, by deleting lines 17 and 18 and inserting:
“2. [Sections 1 to 10, inclusive,] Section 3 of this act [expire] expires by limitation on June 30, 2001.
3. Sections 1, 2 and 4 to 10, inclusive, of this act expire by limitation on June 30, 2003.”.
Senator Washington moved the adoption of the amendment.
Remarks by Senator Washington.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assembly Bill No. 581.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 901.
Amend section 1, page 2, line 17, after “face.” by inserting: “An officer shall determine that an order is authentic on its face if the order contains:
(a) The names of the parties;
(b) Information indicating that the order has not expired; and
(c) Information indicating that the court which issued the order had legal authority to issue the order as evidenced by a certified copy of the order, a file-stamped copy of the order, an authorized signature or stamp of the court which issued the order or another indication of the authority of the court which issued the order. An officer may determine that any other order is authentic on its face.”.
Amend section 1, page 2, by deleting lines 23 through 25 and inserting: “has been provided to the officer;
(b) An order for protection against domestic violence that is included in the repository for information concerning orders for protection against domestic violence pursuant to NRS 33.095 or in any national crime information database;
(c) Oral or written confirmation from a law enforcement agency or court in the jurisdiction in which the order for protection against domestic violence was issued that the order is valid and effective; or
(d) An examination of the totality of the circumstances concerning the existence of a valid and effective order for protection against domestic violence, including, without limitation, the statement of a person protected by the order that the order remains in effect.”.
Amend section 1, page 2, by deleting lines 32 through 36 and inserting:
“6. A court or law enforcement officer who enforces an order for protection against domestic violence issued by the court of another state, territory or Indian tribe based upon a reasonable belief that the order is valid or who refuses to enforce such an order based upon a reasonable belief that the order is not valid and the employer of such a law enforcement officer are immune from civil and criminal liability for any action taken or not taken based on that belief.”.
Amend the bill as a whole by renumbering sec. 7 as sec. 8 and adding a new section designated sec. 7, following sec. 6, to read as follows:
“Sec. 7. NRS 17.340 is hereby amended to read as follows:
17.340 As used in NRS 17.330 to 17.400, inclusive, unless the context otherwise requires, “foreign judgment” means any judgment of a court of the United States or of any other court which is entitled to full faith and credit in this state, except [a] :
1. A judgment to which chapter 130 of NRS applies [.] ; and
2. An order for protection issued for the purpose of preventing violent or threatening acts or harassment against, or contact or communication with or physical proximity to, another person, including temporary and final orders.”.
Amend the title of the bill, second line, after “violence;” by inserting: “providing that certain orders for protection issued in another state are not subject to certain requirements to be given full faith and credit in this state;”.
Senator McGinness moved the adoption of the amendment.
Remarks by Senator McGinness.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assembly Bill No. 607.
Bill read second time and ordered to third reading.
Assembly Bill No. 619.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
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)”.
Senator Townsend moved the adoption of the amendment.
Remarks by Senator Townsend.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assembly Bill No. 653.
Bill read second time.
The following amendment was proposed by the Committee on Taxation:
Amendment No. 926.
Amend section 1, page 1, by deleting line 14 and inserting: “the preceding fiscal year , minus any excess amount allocated pursuant to subsection 4 of NRS 360.690, multiplied by one plus the percentage change in the Consumer Price Index (All Items) for the year ending on December 31 immediately preceding the year in which the allocation is made.”.
Amend section 1, page 1, by deleting lines 18 through 21 and inserting:
“district for the preceding fiscal year multiplied by one plus the percentage change in the Consumer Price Index (All Items) for the year ending on December 31 immediately preceding the year in which the allocation is made.”.
Amend sec. 2, page 2, line 32, by deleting “[one plus]” and inserting: “[one] 0.75 plus”.
Amend sec. 2, page 2, line 33, by deleting “Percentage” and inserting: “[Percentage] Average percentage of”.
Amend sec. 2, page 2, line 34, after “is” by inserting: “made and the 4 fiscal years immediately preceding the year in which the allocation is”.
Amend sec. 2, page 3, line 5, by deleting “[one plus]” and inserting: “[one] 0.75 plus”.
Amend the bill as a whole by adding a new section designated sec. 2.5, following sec. 2, to read as follows:
“Sec. 2.5. NRS 360.690 is hereby amended to read as follows:
360.690 1. Except as otherwise provided in NRS 360.730, the executive director shall estimate monthly the amount each local government, special district and enterprise district will receive from the account pursuant to the provisions of this section.
2. The executive director shall establish a base monthly allocation for each local government, special district and enterprise district by dividing the amount determined pursuant to NRS 360.680 for each local government, special district and enterprise district by 12 and the state treasurer shall, except as otherwise provided in subsections 3 to 6, inclusive, remit monthly that amount to each local government, special district and enterprise district.
3. If, after making the allocation to each enterprise district for the month, the executive director determines there is not sufficient money available in the county’s subaccount in the account to allocate to each local government and special district the base monthly allocation determined pursuant to subsection 2, he shall prorate the money in the county’s subaccount and allocate to each local government and special district an amount equal to the percentage of the amount that the local government or special district received from the total amount which was distributed to all local governments and special districts within the county for the fiscal year immediately preceding the year in which the allocation is made. The state treasurer shall remit that amount to the local government or special district.
4. In a county whose population is 400,000 or more, except as otherwise provided in subsection 6, if the executive director determines that there is money remaining in the county’s subaccount in the account after the base monthly allocation determined pursuant to subsection 2 has been allocated to each local government, special district and enterprise district, he shall immediately determine and allocate each:
(a) Local government’s share of the remaining money by:
(1) Multiplying one-twelfth of the amount allocated pursuant to NRS 360.680 by [0.75] 0.5 plus the sum of the:
(I) Average percentage of change in the population of the local government for the fiscal year immediately preceding the year in which the allocation is made and the 4 fiscal years immediately preceding the year in which the allocation is made, as certified by the governor pursuant to NRS 360.285 except as otherwise provided in subsection 7; and
(II) Average percentage of change in the assessed valuation of the taxable property in the local government, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the year in which the allocation is made, as projected by the department pursuant to NRS 361.390, and the 4 fiscal years immediately preceding the year in which the allocation is made; and
(2) Using the figure calculated pursuant to subparagraph (1) to calculate and allocate to each local government an amount equal to the proportion that the figure calculated pursuant to subparagraph (1) bears to the total amount of the figures calculated pursuant to subparagraph (1) of this paragraph and subparagraph (1) of paragraph (b), respectively, for the local governments and special districts located in the same county multiplied by the total amount available in the subaccount; and
(b) Special district’s share of the remaining money by:
(1) Multiplying one-twelfth of the amount allocated pursuant to NRS 360.680 by [0.75] 0.5 plus the average change in the assessed valuation of the taxable property in the special district, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the 5 fiscal years immediately preceding the year in which the allocation is made; and
(2) Using the figure calculated pursuant to subparagraph (1) to calculate and allocate to each special district an amount equal to the proportion that the figure calculated pursuant to subparagraph (1) bears to the total amount of the figures calculated pursuant to subparagraph (1) of this paragraph and subparagraph (1) of paragraph (a), respectively, for the local governments and special districts located in the same county multiplied by the total amount available in the subaccount.
The state treasurer shall remit the amount allocated to each local government or special district pursuant to this subsection.
5. In a county whose population is less than 400,000, except as otherwise provided in subsection 6, if the executive director determines that there is money remaining in the county’s subaccount in the account after the base monthly allocation determined pursuant to subsection 2 has been allocated to each local government, special district and enterprise district, he shall immediately determine and allocate each:
(a) Local government’s share of the remaining money by:
(1) Multiplying one-twelfth of the amount allocated pursuant to NRS 360.680 by one plus the sum of the:
(I) Percentage change in the population of the local government for the fiscal year immediately preceding the year in which the allocation is made, as certified by the governor pursuant to NRS 360.285 except as otherwise provided in subsection 7;
(II) Average percentage of change in the assessed valuation of the taxable property in the local government, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the year in which the allocation is made, as projected by the department pursuant to NRS 361.390, and the 4 fiscal years immediately preceding the year in which the allocation is made; and
(2) Using the figure calculated pursuant to subparagraph (1) to calculate and allocate to each local government an amount equal to the proportion that the figure calculated pursuant to subparagraph (1) bears to the total amount of the figures calculated pursuant to subparagraph (1) of this paragraph and subparagraph (1) of paragraph (b), respectively, for the local governments and special districts located in the same county multiplied by the total amount available in the subaccount; and
(b) Special district’s share of the remaining money by:
(1) Multiplying one-twelfth of the amount allocated pursuant to NRS 360.680 by one plus the average change in the assessed valuation of the taxable property in the special district, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the 5 fiscal years immediately preceding the year in which the allocation is made; and
(2) Using the figure calculated pursuant to subparagraph (1) to calculate and allocate to each special district an amount equal to the proportion that the figure calculated pursuant to subparagraph (1) bears to the total amount of the figures calculated pursuant to subparagraph (1) of this paragraph and subparagraph (1) of paragraph (a), respectively, for the local governments and special districts located in the same county multiplied by the total amount in the subaccount.
The state treasurer shall remit the amount allocated to each local government or special district.
6. The executive director shall not allocate any amount to a local government or special district pursuant to subsection 4 or 5, as applicable, unless the amount distributed and allocated to each of the local governments and special districts in the county in each preceding month of the fiscal year in which the allocation is to be made was at least equal to the base monthly allocation determined pursuant to subsection 2. If the amounts distributed to the local governments and special districts in the county for the preceding months of the fiscal year in which the allocation is to be made were less than the base monthly allocation determined pursuant to subsection 2 and the executive director determines there is money remaining in the county’s subaccount in the account after the distribution for the month has been made, he shall:
(a) Determine the amount by which the base monthly allocations determined pursuant to subsection 2 for each local government and special district in the county for the preceding months of the fiscal year in which the allocation is to be made exceeds the amounts actually received by the local governments and special districts in the county for the same period; and
(b) Compare the amount determined pursuant to paragraph (a) to the amount of money remaining in the county’s subaccount in the account to determine which amount is greater.
If the executive director determines that the amount determined pursuant to paragraph (a) is greater, he shall allocate the money remaining in the county’s subaccount in the account pursuant to the provisions of subsection 3. If the executive director determines that the amount of money remaining in the county’s subaccount in the account is greater, he shall first allocate the money necessary for each local government and special district to receive the base monthly allocation determined pursuant to subsection 2 and the state treasurer shall remit that money so allocated. The executive director shall allocate any additional money in the county’s subaccount in the account pursuant to the provisions of subsection 4 or 5, as applicable.
7. The percentage change calculated pursuant to paragraph (a) of subsection 4 or paragraph (a) of subsection 5 must:
(a) If the Bureau of the Census of the United States Department of Commerce issues population totals that conflict with the totals certified by the governor pursuant to NRS 360.285, be an estimate of the change in population for the calendar year, based upon the population totals issued by the Bureau of the Census.
(b) If a new method of determining population is established pursuant to NRS 360.283, be adjusted in a manner that will result in the percentage change being based on population determined pursuant to the new method for both the fiscal year in which the allocation is made and the fiscal year immediately preceding the year in which the allocation is made.
8. On or before February 15 of each year, the executive director shall provide to each local government, special district and enterprise district a preliminary estimate of the revenue it will receive from the account for that fiscal year.
9. On or before March 15 of each year, the executive director shall:
(a) Make an estimate of the receipts from each tax included in the account on an accrual basis for the next fiscal year in accordance with generally accepted accounting principles, including an estimate for each county of the receipts from each tax included in the account; and
(b) Provide to each local government, special district and enterprise district an estimate of the amount that local government, special district or enterprise district would receive based upon the estimate made pursuant to paragraph (a) and calculated pursuant to the provisions of this section.
10. A local government, special district or enterprise district may use the estimate provided by the executive director pursuant to subsection 9 in the preparation of its budget.”.
Amend the bill as a whole by adding a new section, designated sec. 4.5, following sec. 4, to read as follows:
“Sec. 4.5. Section 9 of chapter 661, Statutes of Nevada 1997, at page 3309, is hereby amended to read as follows:
Sec. 9. This act becomes effective on July 1, 1997, and expires by limitation on July 1, [2001.] 2003.”.
Amend the bill as a whole by deleting sec. 5 and adding:
“Sec. 5. (Deleted by amendment.)”.
Amend sec. 6, page 7, line 24, by deleting “5” and inserting “2.5”.
Amend the bill as a whole by adding a new section, designated sec. 6.5, following sec. 6, to read as follows:
“Sec. 6.5. The advisory committee to the legislative committee to study the distribution among local governments of revenue from state and local taxes created pursuant to subsection 2 of NRS 218.53881 shall conduct a study of the effects of the formula for the distribution of certain revenues among local governments set forth in NRS 360.600 to 360.740, inclusive, and the amendatory provisions of this act. The advisory committee shall report its findings to the legislative committee to study the distribution among local governments of revenue from state and local taxes on or before October 1, 2002.”.
Amend sec. 7, page 7, line 26, by deleting: “sections 5 and 6” and inserting “section 6”.
Amend sec. 8, page 7, by deleting lines 34 and 35 and inserting:
“2. Sections 1, 2, 3 to 5, inclusive, and 6.5 of this act become effective on July 1, 2001.
3. Section 2.5 of this act becomes effective on July 1, 2003.”.
Amend the title of the bill, third line, after “governments;” by inserting:
“extending the date for expiration of the legislative committee to study distribution among local governments of revenue from state and local taxes; requiring the advisory committee to the committee to conduct a study;”.
Senator McGinness moved the adoption of the amendment.
Remarks by Senator McGinness.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 428.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 990.
Amend the bill as a whole by renumbering sections 5 through 9 as sections 7 through 11 and adding new sections designated sections 5 and 6, following sec. 4, to read as follows:
“Sec. 5. NRS 341.060 is hereby amended to read as follows:
341.060 Within a reasonable time after the appointment of the members of the board, the board shall meet upon the call of the governor and shall organize and elect a chairman and vice chairman [.] from among the members appointed pursuant to NRS 341.020.
Sec. 6. NRS 341.070 is hereby amended to read as follows:
341.070 The board shall [adopt] :
1. Adopt such rules for the regulation of its proceedings and the transaction of its business as it deems proper.
2. Meet at least once every 3 months.”.
Amend the bill as a whole by renumbering sections 10 and 11 as sections 13 and 14 and adding a new section designated sec. 12, following sec. 9, to read as follows:
“Sec. 12. NRS 232.215 is hereby amended to read as follows:
232.215 The director:
1. Shall appoint a chief of the:
(a) Risk management division;
(b) Buildings and grounds division;
(c) Purchasing division;
(d) State printing division;
(e) Administrative services division;
(f) Division of internal audits; and
(g) Motor pool division, if separately established.
2. Shall appoint a chief of the budget division, or may serve in this position if he has the qualifications required by NRS 353.175.
3. Shall serve as chief of the hearings division and shall appoint the hearing officers and compensation officers. The director may designate one of the appeals officers in the division to supervise the administrative, technical and procedural activities of the division.
4. [Shall serve as chairman of the state public works board.
5.] Is responsible for the administration, through the divisions of the department, of the provisions of chapters 331, 333, 336 and 344 of NRS, NRS 353.150 to 353.246, inclusive, and 353A.031 to 353A.100, inclusive, and all other provisions of law relating to the functions of the divisions of the department.
[6.] 5. Is responsible for the administration of the laws of this state relating to the negotiation and procurement of medical services and other benefits for state agencies.
[7.] 6. Has such other powers and duties as are provided by law.”.
Amend sec. 11, page 5, by deleting line 28 and inserting:
“Sec. 14. 1. This section and sections 1 to 9, inclusive, 11, 12 and 13 of”.
Amend sec. 11, page 5, line 30, by deleting “7” and inserting “9”.
Amend sec. 11, page 5, line 31, by deleting “8” and inserting “10”.
Amend the title of the bill, tenth line, after “professional;” by inserting: “removing the provision requiring the director of the department of administration to serve as the chairman of the board; requiring the chairman of the board to be elected from among the appointed members of the board;”.
Senator Care moved the adoption of the amendment.
Remarks by Senator Care.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
GENERAL FILE AND THIRD READING
Senate Bill No. 109.
Bill read third time.
Roll call on Senate Bill No. 109:
Yeas—19.
Nays—None.
Excused—Neal, O'Donnell—2.
Senate Bill No. 109 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 137.
Bill read third time.
Roll call on Senate Bill No. 137:
Yeas—19.
Nays—None.
Excused—Neal, O'Donnell—2.
Senate Bill No. 137 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 139.
Bill read third time.
Roll call on Senate Bill No. 139:
Yeas—19.
Nays—None.
Excused—Neal, O'Donnell—2.
Senate Bill No. 139 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 170.
Bill read third time.
Roll call on Senate Bill No. 170:
Yeas—19.
Nays—None.
Excused—Neal, O'Donnell—2.
Senate Bill No. 170 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 174.
Bill read third time.
Roll call on Senate Bill No. 174:
Yeas—19.
Nays—None.
Excused—Neal, O'Donnell—2.
Senate Bill No. 174 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 232.
Bill read third time.
The following amendment was proposed by the Committee on Finance:
Amendment No. 977.
Amend section 1, page 2, by deleting lines 45 through 48 and inserting:
“7. On or before January 31 of each year, each local juvenile probation department shall:
(a) Analyze the information it submitted to the standardized system during the previous year”.
Amend section 1, page 3, line 3, by deleting “and”.
Amend section 1, page 3, by deleting lines 5 through 9 and inserting: “any such disparate treatment; and
(c) Prepare and submit to the division a report which includes the results of the analysis it conducted pursuant to paragraph (a) and any recommendations it developed pursuant to paragraph (b).
8. The division shall annually compile the reports it receives pursuant to subsection 7 and publish a document which includes a compilation of the reports.”.
Amend the title of the bill by deleting the third through seventh lines and inserting: “requiring each local juvenile probation department to determine whether children of racial or ethnic minorities and children from economically disadvantaged homes are receiving disparate treatment in the system of juvenile justice; and providing”.
Amend the summary of the bill to read as follows:
“SUMMARY—Provides for collection of information on economic background of each child referred to system of juvenile justice and requires each juvenile probation department to determine whether children of racial or ethnic minorities and children from economically disadvantaged homes are receiving disparate treatment in system of juvenile justice. (BDR 5‑573)”.
Senator Raggio moved the adoption of the amendment.
Remarks by Senator Raggio.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Senate Bill No. 241.
Bill read third time.
The following amendment was proposed by the Committee on Finance:
Amendment No. 983.
Amend the bill as a whole by renumbering sec. 3 as sec. 4 and adding a new section designated sec. 3, following sec. 2, to read as follows:
“Sec. 3. 1. There is hereby appropriated from the state general fund to the department of prisons to carry out the provisions of this act:
For the fiscal year 2001-2002 $12,860
For the fiscal year 2002-2003 $12,860
2. There is hereby appropriated from the state general fund to the division of mental health and developmental services of the department of human resources to carry out the provisions of this act:
For the fiscal year 2001-2002 $9,051
For the fiscal year 2002-2003 $9,051
3. Any balance of the sums appropriated by subsections 1 and 2 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years and reverts to the state general fund as soon as all payments of money committed have been made.”.
Amend the title of the bill, seventh line, after “others;” by inserting: “making appropriations;”.
Senator Raggio moved the adoption of the amendment.
Remarks by Senator Raggio.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Senate Bill No. 277.
Bill read third time.
Roll call on Senate Bill No. 277:
Yeas—19.
Nays—None.
Excused—Neal, O'Donnell—2.
Senate Bill No. 277 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 319.
Bill read third time.
Roll call on Senate Bill No. 319:
Yeas—19.
Nays—None.
Excused—Neal, O'Donnell—2.
Senate Bill No. 319 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 431.
Bill read third time.
Remarks by Senator Raggio.
Roll call on Senate Bill No. 431:
Yeas—19.
Nays—None.
Excused—Neal, O'Donnell—2.
Senate Bill No. 431 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Senate Bill No. 573.
Bill read third time.
Roll call on Senate Bill No. 573:
Yeas—19.
Nays—None.
Excused—Neal, O'Donnell—2.
Senate Bill No. 573 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 574.
Bill read third time.
Roll call on Senate Bill No. 574:
Yeas—19.
Nays—None.
Excused—Neal, O'Donnell—2.
Senate Bill No. 574 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 77.
Bill read third time.
Senator Porter moved that Assembly Bill No. 77 be taken from the General File and placed on the Secretary’s desk.
Remarks by Senator Porter.
Motion carried.
Assembly Bill No. 179.
Bill read third time.
The following amendment was proposed by Senator Porter:
Amendment No. 1048.
Amend sec. 2, page 3, line 9, by deleting “may” and inserting: “may, subject to the provisions of section 1 of Assembly Bill No. 101 of this [act,] session,”.
Amend sec. 2, page 3, line 19, by deleting “city; or” and inserting: “city and the governing body does not, on or before October 1, 2001, enter into a cooperative agreement with the governing body of the governmental entity within whose boundaries the territory is located which provides for the cooperation of the parties to the agreement concerning issues of land use and boundaries of that territory; or”.
Amend the bill as a whole by deleting sec. 3 and renumbering sec. 4 as sec. 3.
Amend sec. 4, page 5, by deleting line 5 and inserting:
“Sec. 3. 1. This section and section 1 of this act become effective on July 1, 2001.
2. Section 2 of this act becomes effective at 12:01 a.m. on October 1, 2001.”.
Senator Porter moved the adoption of the amendment.
Remarks by Senator Porter.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assembly Bill No. 195.
Bill read third time.
Roll call on Assembly Bill No. 195:
Yeas—19.
Nays—None.
Excused—Neal, O'Donnell—2.
Assembly Bill No. 195 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 242.
Bill read third time.
Roll call on Assembly Bill No. 242:
Yeas—19.
Nays—None.
Excused—Neal, O'Donnell—2.
Assembly Bill No. 242 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 326.
Bill read third time.
Senator Raggio moved that the Senate recess subject to the call of the Chair.
Motion carried.
Senate in recess at 1:12 p.m.
SENATE IN SESSION
At 1:15 p.m.
President Hunt presiding.
Quorum present.
Senator O'Connell moved that Assembly Bill No. 326 be taken from the General File and placed on the General File for the next legislative day.
Remarks by Senator O'Connell.
Motion carried.
Assembly Bill No. 443.
Bill read third time.
Roll call on Assembly Bill No. 443:
Yeas—19.
Nays—None.
Excused—Neal, O'Donnell—2.
Assembly Bill No. 443 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 444.
Bill read third time.
Roll call on Assembly Bill No. 444:
Yeas—19.
Nays—None.
Excused—Neal, O'Donnell—2.
Assembly Bill No. 444 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 555.
Bill read third time.
Roll call on Assembly Bill No. 555:
Yeas—19.
Nays—None.
Excused—Neal, O'Donnell—2.
Assembly Bill No. 555 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 556.
Bill read third time.
Roll call on Assembly Bill No. 556:
Yeas—19.
Nays—None.
Excused—Neal, O'Donnell—2.
Assembly Bill No. 556 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 582.
Bill read third time.
Roll call on Assembly Bill No. 582:
Yeas—19.
Nays—None.
Excused—Neal, O'Donnell—2.
Assembly Bill No. 582 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 627.
Bill read third time.
Senator Porter moved that Assembly Bill No. 627 be taken from the General File and placed on the General File for the next legislative day.
Remarks by Senator Porter.
Motion carried.
Assembly Bill No. 637.
Bill read third time.
Roll call on Assembly Bill No. 637:
Yeas—19.
Nays—None.
Excused—Neal, O'Donnell—2.
Assembly Bill No. 637 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 643.
Bill read third time.
Remarks by Senators Amodei and Raggio.
Roll call on Assembly Bill No. 643:
Yeas—19.
Nays—None.
Excused—Neal, O'Donnell—2.
Assembly Bill No. 643 having received a two-thirds majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 650.
Bill read third time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 1032.
Amend sec. 14, page 7, line 41, after “4.” by inserting: “Before a building department issues a permit to place a manufactured home on a lot pursuant to this section, other than a new manufactured home, the owner must surrender the certificate of ownership to the manufactured housing division of the department of business and industry. The division shall provide proof of such a surrender to the owner who must submit that proof to the building department.
5.”.
Amend sec. 14, page 8, by deleting lines 1 and 2 and inserting:
“6. As used in this section:
(a) “Manufactured home” has the meaning ascribed to it in NRS 489.113.
(b) “New manufactured home” has the meaning ascribed to it in NRS 489.125.”.
Amend sec. 19, page 11, by deleting line 4 and inserting: “final action shall, by an affirmative vote of a majority of all the members, approve,”.
Amend sec. 19, page 11, lines 45 and 46, by deleting: “a majority vote of the members present,” and inserting: “an affirmative vote of a majority of all the members,”.
Amend sec. 21, page 15, between lines 38 and 39, by inserting:
“12. A county recorder who records a final map pursuant to this section shall, within 7 working days after he records the final map, provide to the county assessor at no charge:
(a) A duplicate copy of the final map and any supporting documents; or
(b) Access to the digital final map and any digital supporting documents.”.
Amend sec. 48, page 38, line 18, by deleting “insurance” and inserting: “insurance, the attorney general and the fraud control unit established pursuant to section 27 of Assembly Bill No. 135 of this [act] session”.
Amend sec. 62, page 46, line 12, by deleting: “and 5 to 60,” and inserting: “5 to 13, inclusive, 15 to 18, inclusive, 20 and 22 to 61,”
Amend sec. 62, page 46, line 14, by deleting: “Section 4” and inserting: “Sections 4, 14, 19 and 21”.
Senator O'Connell moved the adoption of the amendment.
Remarks by Senator O'Connell.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assembly Bill No. 383.
Bill read third time.
The following amendment was proposed by Senator Rhoads:
Amendment No. 1039.
Amend section 1, page 1, line 5, by deleting “highway,” and inserting: “highway within a county whose population is 100,000 or more,”.
Senator Rhoads moved the adoption of the amendment.
Remarks by Senator Rhoads.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
UNFINISHED BUSINESS
Consideration of Assembly Amendments
Senate Bill No. 39.
The following Assembly amendment was read:
Amendment No. 788.
Amend the bill as a whole by adding a preamble, immediately preceding the enacting clause, to read as follows:
“Whereas, Historically, the proceeds of the tax on jet fuel have been used to help support transportation infrastructure projects that are vital to an airport; and
Whereas, An increased use of Nevada’s airports causes corresponding increases in tourism and increases in the economic development of this state which are crucial to the economy of the State of Nevada and to the general welfare of the residents of this state; and
Whereas, Expanding the purposes for which the proceeds of the tax on jet fuel may be expended to include expenditures to promote the increased use of Nevada’s airports may reduce the amount of those proceeds that remains available to support the infrastructure projects that were historically reliant on this revenue source; and
Whereas, To ensure that sufficient proceeds are available to continue the historical financial support of transportation infrastructure projects, governmental entities may feel compelled to increase the rate of the tax which may lead to corresponding increases in the price of airline tickets; and
Whereas, The availability of affordable air service to and from Nevada is extremely important to the residents of this state, to business travelers and to tourists, and is therefore crucial to the vitality of Nevada’s tourism industry and economic development; and
Whereas, The amendment by this Legislature of NRS 365.545 to expand the authorized uses of the proceeds of the tax on jet fuel is intended to benefit the tourism industry and the economic development of this state, however, it is not the intent of the Legislature to authorize an unduly burdensome increase in the rate of this tax which would have a detrimental effect upon Nevada’s tourism industry and upon economic development and expansion in this state; and
Whereas, The Nevada Legislature trusts that the governmental entities which own the airports at which the tax on jet fuel is collected will, if considering such a tax increase, also consider the practical effect such an increase may have upon the price of air travel, the vitality of Nevada’s tourism industry and the economic development and expansion of this state generally; and
Whereas, The Nevada Legislature believes that it is imperative that representatives of these governmental entities consult with representatives of the airlines and with tourism and economic development officials when considering whether to use the proceeds from the tax on jet fuel to promote the increased use of the airport; now, therefore,”.
Senator McGinness moved that the Senate concur in the Assembly amendment to Senate Bill No. 39.
Remarks by Senator McGinness.
Motion carried by a constitutional majority.
Bill ordered enrolled.
Senate Bill No. 227.
The following Assembly amendment was read:
Amendment No. 889.
Amend sec. 8, page 8, line 26, by deleting “2006,” and inserting “2005,”.
Amend sec. 9, page 8, line 49, by deleting “2006.” and inserting “2005.”.
Amend sec. 9, page 9, line 1, by deleting “2006.” and inserting “2005.”.
Senator McGinness moved that the Senate concur in the Assembly amendment to Senate Bill No. 227.
Remarks by Senator McGinness.
Motion carried by a two-thirds majority.
Bill ordered enrolled.
Senate Bill No. 238.
The following Assembly amendment was read:
Amendment No. 790.
Amend sec. 15, page 5, line 23, by deleting “commissioner” and inserting “recorder”.
Amend sec. 28, pages 9 and 10, by deleting lines 39 through 47 on page 9 and lines 1 through 42 on page 10, and inserting:
“1. [Any transaction wherein an interest in real property is encumbered for the purposes of securing a debt.] A mere change in identity, form or place of organization, such as a transfer between a corporation and its parent corporation, a subsidiary or an affiliated corporation if the affiliated corporation has identical common ownership.
2. A transfer of title to [or from] the United States, any territory or state or any agency, department, instrumentality or political subdivision thereof.
3. A transfer of title recognizing the true status of ownership of the real property.
4. A transfer of title without consideration from one joint tenant or tenant in common to one or more remaining joint tenants or tenants in common.
5. A transfer of title to community property without consideration when held in the name of one spouse to both spouses as joint tenants or tenants in common, or as community property.
6. A transfer of title between spouses, including gifts.
7. A transfer of title between spouses to effect a property settlement agreement or between former spouses in compliance with a decree of divorce.
8. A transfer of title to or from a trust, if the transfer is made without consideration [.] , and is made to or from:
(a) The trustor of the trust;
(b) The trustor’s legal representative; or
(c) A person related to the trustor in the first degree of consanguinity.
As used in this subsection, “legal representative” has the meaning ascribed to it in NRS 167.020.
9. Transfers, assignments or conveyances of unpatented mines or mining claims.
10. A transfer, assignment or other conveyance of real property to a corporation or other business organization if the person conveying the property owns 100 percent of the corporation or organization to which the conveyance is made.
11. A transfer, assignment or conveyance of real property if the owner of the property is related to the person to whom it is conveyed within the first degree of consanguinity.
12. The making, delivery or filing of conveyances of real property to make effective any plan of reorganization or adjustment:
(a) Confirmed under the Bankruptcy Act, as amended, [Title 11 of U.S.C.;] 11 U.S.C. §§ 101 et seq.;
(b) Approved in an equity receivership proceeding involving a railroad , as defined in the Bankruptcy Act; or
(c) Approved in an equity receivership proceeding involving a corporation, as defined in the Bankruptcy Act , [; or
(d) Whereby a mere change in identity, form or place of organization is effected, such as a transfer between a corporation and its parent corporation, a subsidiary of an affiliated corporation,]
if the making, delivery or filing of instruments of transfer or conveyance occurs within 5 years after the date of the confirmation, approval or change.”.
Senator McGinness moved that the Senate concur in the Assembly amendment to Senate Bill No. 238.
Remarks by Senator McGinness.
Motion carried by a two-thirds majority.
Bill ordered enrolled.
Senate Bill No. 252.
The following Assembly amendment was read:
Amendment No. 835.
Amend sec. 23, page 8, line 42, by deleting “letters, riders” and inserting “letters”.
Senator Townsend moved that the Senate concur in the Assembly amendment to Senate Bill No. 252.
Remarks by Senator Townsend.
Motion carried by a constitutional majority.
Bill ordered enrolled.
Senate Bill No. 274.
The following Assembly amendment was read:
Amendment No. 837.
Amend sec. 5, page 1, line 15, by deleting “into a” and inserting: “into:
(a) A”.
Amend sec. 5, page 1, by deleting lines 17 through 19 and inserting: “the contractor or higher-tiered subcontractor shall pay the subcontractor:
(1) On or before the date payment is due; or
(2) Within 10 days after the date the contractor or higher-tiered subcontractor receives payment for all or a portion of the work, labor, materials, equipment or services described in a request for payment submitted by the subcontractor,
whichever is earlier.
(b) A written subcontract that does not contain a schedule for payments, or a subcontract that is oral, the”.
Amend sec. 5, page 1, line 21, by deleting “(a)” and inserting “(1)”.
Amend sec. 5, page 2, line 1, by deleting “(b)” and inserting “(2)”.
Amend sec. 6, page 5, by deleting line 15 and inserting: “of the subcontractor or lower-tiered subcontractor stopping his work or terminating a subcontract for reasonable cause and in”.
Amend sec. 11, page 10, by deleting lines 37 and 38 and inserting: “as a result of the contractor, subcontractor or lower-tiered subcontractor stopping his work or terminating a contract for reasonable cause and in accordance with this section or section 6 of this act.”.
Amend sec. 12, page 10, lines 41 and 42, by deleting: “or remodeling of a building” and inserting: “[or remodeling of a building] of a work of improvement”.
Amend sec. 12, page 10, line 43, after “Occupancy” by inserting: “or use of the work of improvement”.
Amend sec. 12, page 10, line 45, by deleting: “constructed or remodeled building” and inserting: “[constructed or remodeled building] work of improvement”.
Amend sec. 12, page 10, by deleting lines 48 and 49 and inserting: “[building became available.
2. The] work of improvement became available for use or occupancy.
2. If the owner has complied with subsection 3, the owner may:”.
Amend sec. 12, page 12, after line 25, by inserting:
“8. As used in this section, unless the context otherwise requires, “work of improvement” has the meaning ascribed to it in NRS 108.221.”.
Amend the bill as a whole by adding a new section designated sec. 13, following sec. 12, to read as follows:
“Sec. 13. NRS 99.040 is hereby amended to read as follows:
99.040 1. When there is no express contract in writing fixing a different rate of interest, interest must be allowed at a rate equal to the prime rate at the largest bank in Nevada, as ascertained by the commissioner of financial institutions, on January 1 or July 1, as the case may be, immediately preceding the date of the transaction, plus 2 percent, upon all money from the time it becomes due, in the following cases:
(a) Upon contracts, express or implied, other than book accounts.
(b) Upon the settlement of book or store accounts from the day on which the balance is ascertained.
(c) Upon money received to the use and benefit of another and detained without his consent.
(d) Upon wages or salary, if it is unpaid when due, after demand therefor has been made.
The rate must be adjusted accordingly on each January 1 and July 1 thereafter until the judgment is satisfied.
2. The provisions of this section do not apply to money owed:
(a) For the construction [or remodeling of a building] of a work of improvement pursuant to NRS 624.620; or
(b) By a contractor to his subcontractor pursuant to NRS 624.630.”.
Senator Townsend moved that the Senate concur in the Assembly amendment to Senate Bill No. 274.
Remarks by Senator Townsend.
Motion carried by a constitutional majority.
Bill ordered enrolled.
Senate Bill No. 380.
The following Assembly amendment was read:
Amendment No. 808.
Amend the bill as a whole by deleting sections 2 and 3, renumbering sec. 4 as sec. 3 and adding a new section designated sec. 2, following section 1, to read as follows:
“Sec. 2. Section 2 of Assembly Bill No. 656 of this session is hereby repealed.”.
Amend the text of repealed section by deleting the text of NRS 612.687 and adding the text of section 2 of Assembly Bill No. 656 of this session.
Amend the title of the bill by deleting the third and fourth lines and inserting: “and providing other matters”.
Senator Townsend moved that the Senate concur in the Assembly amendment to Senate Bill No. 380.
Remarks by Senator Townsend.
Motion carried by a constitutional majority.
Bill ordered enrolled.
Senate Bill No. 381.
The following Assembly amendment was read:
Amendment No. 809.
Amend sec. 2, page 2, by deleting lines 28 through 33 and inserting: “are.”
(a) Shipped out of the state for sale and use outside the state; or
(b) Displayed or exhibited at a trade show, convention or other exhibition in this state by a manufacturer or wholesale dealer who is not licensed in this state.”.
Amend the title of the bill by deleting the fourth through sixth lines and inserting: “wholesale dealer; and providing”.
Senator McGinness moved that the Senate concur in the Assembly amendment to Senate Bill No. 381.
Remarks by Senator McGinness.
Motion carried by a constitutional majority.
Bill ordered enrolled.
Senate Bill No. 397.
The following Assembly amendment was read:
Amendment No. 885.
Amend sec. 29, page 12, line 13, by deleting “physician’s” and inserting “physician”.
Amend sec. 29, page 12, line 27, by deleting “physician’s” and inserting “physician”.
Amend sec. 29, page 12, line 29, by deleting “physician’s” and inserting “physician”.
Amend sec. 29, page 12, line 32, by deleting “physician’s” and inserting “physician”.
Amend the bill as a whole by renumbering sections 49 and 50 as sections 51 and 52 and adding new sections designated sections 49 and 50, following sec. 48, to read as follows:
“Sec. 49. Section 12 of Senate Bill No. 52 of this session is hereby amended to read as follows:
Sec. 12. NRS 453.381 is hereby amended to read as follows:
453.381 1. In addition to the limitations imposed by NRS 453.256 and sections 2 to 12, inclusive, of Senate Bill No. 397 of this [act,] session, a physician, physician assistant, dentist , advanced practitioner of nursing or podiatric physician may prescribe or administer controlled substances only for a legitimate medical purpose and in the usual course of his professional practice, and he shall not prescribe, administer or dispense a controlled substance listed in schedule II for himself, his spouse or his children except in cases of emergency.
2. A veterinarian, in the course of his professional practice only, and not for use by a human being, may prescribe, possess and administer controlled substances, and he may cause them to be administered by a veterinary technician under his direction and supervision.
3. A euthanasia technician, within the scope of his license, and not for use by a human being, may possess and administer sodium pentobarbital.
4. A pharmacist shall not fill an order which purports to be a prescription if he has reason to believe that it was not issued in the usual course of the professional practice of a physician, physician assistant, dentist, advanced practitioner of nursing, podiatric physician or veterinarian.
5. Any person who has obtained from a physician, physician assistant, dentist, advanced practitioner of nursing, podiatric physician or veterinarian any controlled substance for administration to a patient during the absence of the physician, physician assistant, dentist, advanced practitioner of nursing, podiatric physician or veterinarian shall return to him any unused portion of the substance when it is no longer required by the patient.
6. A manufacturer, wholesale supplier or other person legally able to furnish or sell any controlled substance listed in schedule II shall not provide samples of such a controlled substance to registrants.
7. A salesman of any manufacturer or wholesaler of pharmaceuticals shall not possess, transport or furnish any controlled substance listed in schedule II.
8. A person shall not dispense a controlled substance in violation of a regulation adopted by the board.
Sec. 50. Section 89 of Senate Bill No. 91 of this session is hereby repealed.”.
Amend sec. 50, page 20, by deleting line 19 and inserting:
“Sec. 52. 1. This section and sections 1 to 28, inclusive, and 30 to 51, inclusive, of this act become effective on July 1, 2001.
2. Section 29 of this act becomes effective at 12:01 a.m. on July 1, 2001.”.
Amend the bill as a whole by adding the text of the repealed section, following sec. 50, to read as follows:
TEXT OF REPEALED SECTION
Section 89 of Senate Bill No. 91 of this session:
Sec. 89. Section 12 of Senate Bill No. 52 of this session is hereby amended to read as follows:
Sec. 12. NRS 453.381 is hereby amended to read as follows:
453.381 1. In addition to the limitations imposed by NRS 453.256, a physician, physician assistant, dentist , advanced practitioner of nursing or podiatric physician may prescribe or administer controlled substances only for a legitimate medical purpose and in the usual course of his professional practice, and he shall not prescribe, administer or dispense a controlled substance listed in schedule II for himself, his spouse or his children except in cases of emergency.
2. A veterinarian, in the course of his professional practice only, and not for use by a human being, may prescribe, possess and administer controlled substances, and he may cause them to be administered by a veterinary technician under his direction and supervision.
3. A euthanasia technician, within the scope of his license, and not for use by a human being, may possess and administer sodium pentobarbital.
4. A pharmacist shall not fill an order which purports to be a prescription if he has reason to believe that it was not issued in the usual course of the professional practice of a physician, physician assistant, dentist, advanced practitioner of nursing, podiatric physician or veterinarian.
5. Any person who has obtained from a physician, physician assistant, dentist, advanced practitioner of nursing, podiatric physician or veterinarian any controlled substance for administration to a patient during the absence of the physician, physician assistant, dentist, advanced practitioner of nursing, podiatric physician or veterinarian shall return to him any unused portion of the substance when it is no longer required by the patient.
6. A manufacturer, wholesale supplier or other person legally able to furnish or sell any controlled substance listed in schedule II shall not provide samples of such a controlled substance to registrants.
7. A salesman of any manufacturer or wholesaler of pharmaceuticals shall not possess, transport or furnish any controlled substance listed in schedule II.
8. A person shall not dispense a controlled substance in violation of a regulation adopted by the board.”.
Senator Rawson moved that the Senate concur in the Assembly amendment to Senate Bill No. 397.
Remarks by Senator Rawson.
Motion carried by a constitutional majority.
Bill ordered enrolled.
Senate Bill No.406.
The following Assembly amendment was read:
Amendment No. 776.
Amend the bill as a whole by adding the following assemblymen as primary joint sponsors: Assemblymen Brower and Parnell.
Senator Rawson moved that the Senate concur in the Assembly amendment to Senate Bill No. 406.
Remarks by Senator Rawson.
Motion carried by a constitutional majority.
Bill ordered enrolled.
Senate Bill No. 467.
The following Assembly amendment was read:
Amendment No. 718.
Amend section 1, page 2, lines 20 and 21, by deleting: “based upon a percentage” and inserting: “which must not exceed 1.5 percent”.
Senator Rhoads moved that the Senate concur in the Assembly amendment to Senate Bill No. 467.
Remarks by Senator Rhoads.
Motion carried by a constitutional majority.
Bill ordered enrolled.
Senate Bill No. 483.
The following Assembly amendment was read:
Amendment No. 723.
Amend the bill as a whole by deleting section 1, renumbering sections 2 through 7 as sections 6 through 11 and adding new sections designated sections 1 through 5, following the enacting clause, to read as follows:
“Section 1. Chapter 449 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. “Facility for refractive laser surgery” means a freestanding facility that provides limited medical services for the evaluation of patients with refractive errors of the eye and the surgical treatment of those patients by photorefractive keratectomy or laser in situ keratomeleusis.
Sec. 3. “Mobile unit” means a motor vehicle, other than a vehicle operated under the authority of a permit issued pursuant to chapter 450B of NRS, that is specially designed, constructed and equipped to provide any of the medical services provided by a medical facility described in subsections 1 to 13, inclusive, of NRS 449.0151.
Sec. 4. 1. Except as otherwise provided in section 5 of this act, each facility for refractive laser surgery shall, when applying for a license or renewing a license, file with the administrator of the health division a surety bond:
(a) If the facility employs less than seven employees, in the amount of $10,000;
(b) If the facility employs at least seven but not more than 25 employees, in the amount of $50,000; or
(c) If the facility employs more than 25 employees, in the amount of $100,000.
2. A bond filed pursuant to this section must be executed by the facility as principal and by a surety company as surety. The bond must be payable to the health division and must be conditioned to provide indemnification to a patient of the facility who the administrator of the health division or his designee determines has sustained any damages as a result of the bankruptcy of or any breach of contract by the facility.
3. Except when a surety is released, the surety bond must cover the period of the initial license to operate or the period of the renewal, as appropriate.
4. A surety on any bond filed pursuant to this section may be released after the surety gives 30 days’ written notice to the administrator of the health division, but the release does not discharge or otherwise affect any claim filed by a patient for any damages sustained as a result of the bankruptcy of or any breach of contract by the facility while the bond was in effect.
5. The license of a facility for refractive laser surgery is suspended by operation of law when the facility is no longer covered by a surety bond as required by this section or by a substitute for the surety bond pursuant to section 5 of this act. The administrator of the health division shall give the facility at least 20 days’ written notice before the release of the surety or the substitute for the surety, to the effect that the license will be suspended by operation of law until another surety bond is filed or substitute for the surety bond is deposited in the same manner and amount as the bond or substitute being terminated.
Sec. 5. 1. As a substitute for the surety bond required pursuant to section 4 of this act, a facility for refractive laser surgery may deposit with any bank or trust company authorized to do business in this state, upon approval of the administrator of the health division:
(a) An obligation of a bank, savings and loan association, thrift company or credit union licensed to do business in this state;
(b) Bills, bonds, notes, debentures or other obligations of the United States or any agency or instrumentality thereof, or guaranteed by the United States; or
(c) Any obligation of this state or any city, county, town, township, school district or other instrumentality of this state, or guaranteed by this state, in an aggregate amount, based upon principal amount or market value, whichever is lower.
2. The obligations of a bank, savings and loan association, thrift company or credit union must be held to secure the same obligation as would the surety bond required by section 4 of this act. With the approval of the administrator of the health division, the facility may substitute other suitable obligations for those deposited, which must be assigned to the health division and are negotiable only upon approval of the administrator of the health division.
3. Any interest or dividends earned on the deposit accrue to the account of the facility.
4. The deposit must be an amount at least equal to the surety bond required by section 4 of this act and must state that the amount may not be withdrawn except by the direct and sole order of the administrator of the health division.”.
Amend sec. 2, page 1, line 11, by deleting “section 1” and inserting: “sections 2 and 3”.
Amend sec. 3, page 2, line 5, by deleting “and”.
Amend sec. 3, page 2, line 6, after “14.” by inserting: “A facility for refractive laser surgery; and
15.”.
Amend sec. 4, page 2, line 10, after “inclusive,” by inserting: “and sections 2 to 5, inclusive, of this act”.
Amend sec. 4, page 2, line 18, after “(d)” by inserting: “Regulations establishing a procedure for the indemnification by the health division, from the amount of any surety bond or other obligation filed or deposited by a facility for refractive laser surgery pursuant to section 4 or 5 of this act, of a patient of the facility who has sustained any damages as a result of the bankruptcy of or any breach of contract by the facility.
(e)”.
Amend sec. 4, page 2, line 19, by deleting “inclusive.” and inserting: “inclusive[.] , and sections 2 to 5, inclusive, of this act.”.
Amend sec. 4, page 2, by deleting lines 25 through 29 and inserting:
“3. The board shall adopt separate regulations for [the] :
(a) The licensure of rural hospitals which take into consideration the unique problems of operating such a facility in a rural area.
(b) The licensure of facilities for refractive laser surgery which take into consideration the unique factors of operating such a facility.
(c) The licensure of mobile units which take into consideration the unique factors of”.
Amend sec. 4, page 2, line 31, by deleting “5.” and inserting “4.”.
Amend sec. 4, page 2, line 35, by deleting “[5.] 6.” and inserting “5.”.
Amend sec. 4, page 2, line 40, by deleting “[6.] 7.” and inserting “6.”.
Amend sec. 4, page 3, line 13, by deleting “[7.] 8.” and inserting “7.”.
Amend sec. 5, page 3, line 32, by deleting “inclusive.” and inserting: “inclusive[.] , and sections 2 to 5, inclusive, of this act.”.
Amend sec. 5, page 3, line 40, by deleting “[7] 8” and inserting “7”.
Amend sec. 5, page 3, line 43, by deleting “[7] 8” and inserting “7”.
Amend sec. 6, page 4, line 18, after “inclusive,” by inserting: “and sections 2 to 5, inclusive, of this act”.
Amend sec. 7, page 4, by deleting line 20 and inserting:
“Sec. 11. This act becomes effective upon passage and approval for the purposes of adopting regulations and on July 1, 2001, for all other purposes.”.
Amend the title of the bill by deleting the second line and inserting: “for the licensure of certain mobile units and facilities for refractive laser surgery as medical facilities; requiring facilities for refractive laser surgery to file a surety bond or deposit other security to provide indemnification to certain patients; and providing other matters”.
Amend the summary of the bill to read as follows:
“SUMMARY—Requires state board of health to license mobile medical facilities and facilities for refractive laser surgery. (BDR 40-1482)”.
Senator Rawson moved that the Senate concur in the Assembly amendment to Senate Bill No. 483.
Remarks by Senator Rawson.
Motion carried by a constitutional majority.
Bill ordered enrolled.
Senate Bill No. 499.
The following Assembly amendment was read:
Amendment No. 789.
Amend section 1, page 2, by deleting lines 27 through 37 and inserting:
“boating . [on state owned wildlife management areas. Any of this money declared by the division of wildlife of the state department of conservation and natural resources to be] Any money received in excess of [its immediate requirements for these purposes may be transferred to the credit of the parks marina development fund for use by the division of state parks of the state department of conservation and natural resources in accordance with the provisions of paragraph (b).] the amount authorized by the legislature to be expended for such purposes must be retained in the wildlife account.
(b) The [parks marina development fund which is hereby created as a special revenue fund for use by the] division of state parks of the state department of conservation and natural resources. [All money so deposited to the credit of the division of state parks] Such money may be expended only as”.
Amend section 1, page 2, by deleting lines 40 through 44 and inserting:
“[associated with boating.
5. Money that the state treasurer is required to allocate pursuant to the provisions of subsection 4 may be paid quarterly or oftener if convenient to the state treasurer.] located in any state park that includes a body of water used for recreational purposes.”.
Amend sec. 3, page 4, by deleting lines 5 through 15 and inserting: “facilities associated with boating. Any money received in excess of the amount authorized by the legislature to be expended for such purposes must be retained in the wildlife account.
(b) The division of state parks of the state department of conservation and natural resources. Such money may be expended”.
Amend sec. 3, page 4, by deleting lines 20 through 22.
Amend the title of the bill to read as follows:
“AN ACT relating to state parks; eliminating the parks marina development fund; expanding the permissible uses of money received from the tax on motor vehicle fuel used in watercraft for recreational purposes; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Eliminates parks marina development fund and expands permissible uses of money received from tax on motor vehicle fuel used in watercraft for recreational purposes. (BDR 32‑1316)”.
Senator McGinness moved that the Senate concur in the Assembly amendment to Senate Bill No. 499.
Remarks by Senator McGinness.
Motion carried by a constitutional majority.
Bill ordered enrolled.
Senate Bill No. 519.
The following Assembly amendments were read:
Amendment No. 864.
Amend sec. 22, page 8, line 43, by deleting “NRS 179D.410.” and inserting: “paragraph (b) of subsection 6 of NRS 179.245.”.
Amend sec. 23, page 9, by deleting line 40 and inserting:
“(b) “Sexual offense” [has the meaning ascribed to it in NRS 179D.210.] means:
(1) Murder of the first degree committed in the perpetration or attempted perpetration of sexual assault or of sexual abuse or sexual molestation of a child less than 14 years of age pursuant to paragraph (b) of subsection 1 of NRS 200.030.
(2) Sexual assault pursuant to NRS 200.366.
(3) Statutory sexual seduction pursuant to NRS 200.368, if punishable as a felony.
(4) Battery with intent to commit sexual assault pursuant to NRS 200.400.
(5) An offense involving the administration of a drug to another person with the intent to enable or assist the commission of a felony pursuant to NRS 200.405, if the felony is an offense listed in this paragraph.
(6) An offense involving the administration of a controlled substance to another person with the intent to enable or assist the commission of a crime of violence pursuant to NRS 200.408, if the crime of violence is an offense listed in this paragraph.
(7) Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation.
(8) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive.
(9) Incest pursuant to NRS 201.180.
(10) Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195.
(11) Open or gross lewdness pursuant to NRS 201.210, if punishable as a felony.
(12) Indecent or obscene exposure pursuant to NRS 201.220, if punishable as a felony.
(13) Lewdness with a child pursuant to NRS 201.230.
(14) Sexual penetration of a dead human body pursuant to NRS 201.450.
(15) Annoyance or molestation of a minor pursuant to NRS 207.260.
(16) An attempt to commit an offense listed in subparagraphs (1) to (15), inclusive.”.
Amend the title of the bill by deleting the fifth and sixth lines and inserting: “entry into the community; revising the provisions regarding the sealing of records; and providing”.
Amend the summary of the bill to read as follows:
“SUMMARY—Provides for establishment of programs for re-entry into community of certain prisoners and parolees and revises provisions regarding sealing of records. (BDR 16‑1477)”.
Amendment No. 719.
Amend sec. 22, page 8, line 10, by deleting “subsection 3,” and inserting: “subsections 3 and 4,”.
Amend sec. 22, page 8, by deleting line 26 and inserting:
“4. A person may not petition the court to seal records relating to a conviction of a crime against a child or a sexual offense.
5. As used in this section:
(a) “Crime against a child” has the meaning ascribed to it in NRS 179D.210.”.
Amend sec. 22, page 8, line 27, by deleting “(a)” and inserting “(b)”.
Amend sec. 22, page 8, line 36, by deleting “(b)” and inserting “(c)”.
Amend sec. 22, page 8, between lines 38 and 39, by inserting:
“(d) “Sexual offense” has the meaning ascribed to it in NRS 179D.410.”.
Senator Raggio moved that the Senate concur in the Assembly amendments to Senate Bill No. 519.
Remarks by Senator Raggio.
Motion carried by a constitutional majority.
Bill ordered enrolled.
Senate Bill No. 557.
The following Assembly amendment was read:
Amendment No. 888.
Amend section 1, page 2, by deleting line 7 and inserting: “improved roads or streets maintained by the county or an incorporated city located within the county,”.
Amend section 1, page 2, by deleting lines 38 through 44 and inserting:
“3. Of the money allocated to each county pursuant to the provisions of [subsection 1: ] subsections 1 and 2:”.
Amend section 1, page 3, by deleting lines 3 through 10 and inserting:
“(b) An amount equal to that part of the allocation which represents 2.35 cents of the tax per gallon must be allocated [pursuant to the following formula:
(1) If there are no incorporated cities in the county,] to the county [; and
(2) If there is at least one incorporated city in the county,] , if there are no incorporated cities in the county, or to the county and any incorporated cities in the county , if there is at least one incorporated city in the county, pursuant to the following formula [set forth for counties in subsection 1.] :
(1) One-fourth in proportion to total area.
(2) One-fourth in proportion to population.
(3) One-fourth in proportion to road mileage and street mileage of nonfederal aid primary roads.
(4) One-fourth in proportion to vehicle miles of travel on nonfederal aid primary roads.
For the purpose of applying the formula, the area of the county excludes the area included in any incorporated city.
[3.] 4. The amount allocated to the counties and incorporated cities pursuant to subsections 1 , [and] 2 and 3 must be remitted monthly. The state controller shall draw his warrants payable to the county treasurer of each of the several counties and the city treasurer of each of the several incorporated cities, as applicable, and the state treasurer shall pay the warrants out of the proceeds of the tax levied pursuant to NRS 365.180.”.
Amend section 1, page 3, line 18, after “mileage of” by inserting “improved”.
Amend section 1, page 3, line 25, after “Each” by inserting “improved”.
Amend section 1, page 3, line 27, after “those” by inserting “improved”.
Amend section 1, page 3, line 30, after “determine the” by inserting “improved”.
Amend section 1, page 4, line 27, after “(c)” by inserting: ““Improved road or street” means a road or street that is, at least:
(1) Aligned and graded to allow reasonably convenient use by a motor vehicle; and
(2) Drained sufficiently by a longitudinal and transverse drainage system to prevent serious impairment of the road or street by surface water.
(d)”.
Amend sec. 2, page 4, by deleting line 43 and inserting: “improved roads or streets maintained by the county or an incorporated city located within the county,”.
Amend sec. 2, page 5, by deleting lines 26 through 32 and inserting:
“3. Of the money allocated to each county pursuant to the provisions of subsections 1 and 2:”.
Amend sec. 2, page 5, by deleting lines 41 through 47 and inserting: “cents of the tax per gallon must be allocated to the county, if there are no incorporated cities in the county, or to the county and any incorporated cities in the county, if there is at least one incorporated city in the county, pursuant to the following formula:
(1) One-fourth in proportion to total area.
(2) One-fourth in proportion to population.
(3) One-fourth in proportion to road mileage and street mileage of nonfederal aid primary roads.
(4) One-fourth in proportion to vehicle miles of travel on nonfederal aid primary roads.
For the purpose of applying the formula, the area of the county excludes the area included in any incorporated city.
4. The amount allocated to the counties and incorporated cities pursuant to subsections 1, 2 and 3 must be remitted monthly. The state controller shall draw his warrants payable to the county treasurer of each of the several counties and the city treasurer of each of the several incorporated cities, as applicable, and the state treasurer shall pay the warrants out of the proceeds of the tax levied pursuant to NRS 365.180.”.
Amend sec. 2, page 6, line 6, after “mileage of” by inserting “improved”.
Amend sec. 2, page 6, line 12, after “Each” by inserting “improved”.
Amend sec. 2, page 6, line 14, after “those” by inserting “improved”.
Amend sec. 2, page 6, line 17, after “determine the” by inserting “improved”.
Amend sec. 2, page 7, by deleting lines 19 and 20 and inserting:
“(c) “Improved road or street” means a road or street that is, at least:
(1) Aligned and graded to allow reasonably convenient use by a motor vehicle; and
(2) Drained sufficiently by a longitudinal and transverse drainage system to prevent serious impairment of the road or street by surface water.
[(d) “Subcommittee” means the subcommittee appointed pursuant to NRS 218.53884.]”.
Amend sec. 6, page 8, line 31, by deleting “1,”.
Amend sec. 6, page 8, line 33, after “2.” by inserting: “Section 1 of this act becomes effective at 12:01 a.m. on July 1, 2001.
3.”.
Amend sec. 6, page 8, line 35, by deleting “3.” and inserting “4.”.
Senator McGinness moved that the Senate concur in the Assembly amendment to Senate Bill No. 557.
Remarks by Senator McGinness.
Motion carried by a constitutional majority.
Bill ordered enrolled.
Senate Bill No. 418.
The following Assembly amendment was read:
Amendment No. 883.
Amend section 1, page 2, by deleting lines 14 and 15 and inserting:
“(a) Independently verify the accuracy of a statement made by an inspector certified pursuant to chapter 645D of NRS or another appropriate licensed or certified expert.”.
Amend sec. 2, page 2, by deleting line 19 and inserting:
“645.257 1. A”.
Amend sec. 2, page 2, by deleting lines 32 through 34.
Amend sec. 3, page 2, by deleting lines 41 through 48 and inserting:
“2. Except as otherwise provided in this subsection, the failure of the seller to make the disclosures required by NRS 113.130 and 113.135 if the information that would have been disclosed pursuant to NRS 113.130 and 113.135 is a public record which is readily available to the client. Notwithstanding the provisions of this subsection, a licensee is not relieved of the duties imposed by paragraph (a) of subsection 1 of NRS 645.252.”.
Amend the bill as a whole by renumbering sections 7 and 8 as sections 8 and 9 and adding a new section designated sec. 7, following sec. 6, to read as follows:
“Sec. 7. NRS 645.830 is hereby amended to read as follows:
645.830 1. The following fees must be charged by and paid to the division:
For each original real estate broker’s, broker-salesman’s or corporate broker’s license[$170] $85
For each original real estate salesman’s license [130] 65
For each original branch office license 100
For real estate education, research and recovery to be paid at the time an original application for a license is filed20
For real estate education, research and recovery to be paid
at the time an application for a license [is filed or at the
time a license] is renewed40
For each renewal of a real estate broker’s, broker-salesman’s or corporate broker’s license170
For each renewal of a real estate salesman’s license130
For each renewal of a real estate branch office license100
For each penalty for late filing of a renewal for a broker’s, broker-salesman’s or corporate broker’s license85
For each penalty for late filing of a renewal for a salesman’s license65
For each change of name or address10
For each transfer of a real estate salesman’s or broker-salesman’s license and change of association or employment10
For each duplicate license where the original license is lost or destroyed, and an affidavit is made thereof10
For each change of status from broker to broker-salesman, or the reverse10
For each reinstatement to active status of an inactive real estate broker’s, broker-salesman’s or salesman’s license10
For each reinstatement of a real estate broker’s license when the licensee fails to give immediate written notice to the division of a change of name or business location20
For each reinstatement of a real estate salesman’s or broker-salesman’s license when he fails to notify the division of a change of broker within 30 days of termination by previous broker20
For each original registration of an owner-developer100
For each annual renewal of a registration of an owner-developer100
For each enlargement of the area of an owner-developer’s registration15
For each cooperative certificate issued to an out-of-state broker licensee for 1 year or fraction thereof40
For each original accreditation of a course of continuing education50
For each renewal of accreditation of a course of continuing education10
2. The fees prescribed for courses of continuing education do not apply to any university or community college of the University and Community College System of Nevada.”.
Amend sec. 7, page 5, by deleting lines 18 through 20 and inserting “himself.”.
Amend sec. 8, page 5, line 21, by deleting: “5, 6 and 7” and inserting:“6 and 8”.
Amend sec. 8, page 5, by deleting line 23 and inserting:
“2. Sections 4, 5 and 7 of this act become effective on July 1, 2002.”.
Amend the title of the bill by deleting the third line and inserting: “of such real estate licensees; revising the schedule of fees paid to the real estate division of the department of business and industry;”.
Senator Townsend moved that the Senate do not concur in the Assembly amendment to Senate Bill No. 418.
Remarks by Senator Townsend.
Motion carried.
Bill ordered transmitted to the Assembly.
Recede From Senate Amendments
Senator Townsend moved that the Senate do not recede from its action on Assembly Bill No. 48, that a conference be requested, and that Madam President appoint a first Conference Committee consisting of three members to meet with a like committee of the Assembly.
Remarks by Senator Townsend.
Motion carried.
Bill ordered transmitted to the Assembly.
Appointment of Conference Committees
Madam President appointed Senators Amodei, Shaffer and Rhoads as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Assembly Bill No. 48.
Signing of Bills and Resolutions
There being no objections, the President and Secretary signed Senate Bills Nos. 26, 48, 70, 135, 144, 153, 156, 163, 175, 191, 197, 211, 222, 249, 250, 255, 273, 298, 329, 336, 349, 372, 376, 389, 415, 480, 484, 528, 533, 546, 560, 566; Senate Joint Resolution No. 11 of the 70th Session; Assembly Bills Nos. 135, 214, 237, 289, 291, 336, 377, 609, 659, 662; Assembly Joint Resolutions Nos. 7, 12, 13; Assembly Joint Resolutions Nos. 13, 26 of the 70th Session.
GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR
On request of Senator Jacobsen, the privilege of the floor of the Senate Chamber for this day was extended to the following students from the Scarselli Elementary School: Jose Alcaraz, Jonathan Blatnik, Chris Caspary-Bugely, Samantha Ensminger, Jonathon Glocknitzer, Casey Carlisle, Tianna Gregory, Ronny Griffin, Travis Keene, Jessica Lamb, Allisa Larsen, Andrew Lococo, Danielle Munk, Ashley Peretti, Allen Roach, Lisa Van Den Berg, Kirby Wigton, Amy Williams, Erika Wilson, Sarah Young, Marcus Ambrose, Nick Andrews, Matthew Boyd, Ryan Bugg, Anthony Demarta, Rebecca Dean, Seanna Drew, Cody Greenwood, Kurt Hewlett, Ryan Kelly, Donnie Larson, Taylor Ohl, Blayne Osborn, Paulina Rubio, Ryan Stanton, Justin Stegemann, Nestor Sanchez, Lauren Hoppe, Aaron Whalin, Kevin Emm, Stephanie Ferguson; chaperones: Vicki Lamb, Dixie Graham, Russ Osborn; teachers: Jerry Van Sickel and Anne Godfrey.
On request of Senator McGinness, the privilege of the floor of the Senate Chamber for this day was extended to the following students from the Numa Elementary School: Alejandra Alvarado, Fletcher Bowman, Zachary Bunker, Shoshone Campbell, Wayne Crank, Kayla Drozek, Laura Ferrence, Zackary Franco, Victoria Gooch, Trent Hampton, Cody Kapphahan, Katrina Manwarren, Sandra Martinez, Joshua Murphy, Andrew Perazzo, Crystal Peters, Casey Pomeroy, Nicole Ricks, Omar Rivas, Shane Smith, Allison Stanfield, Mark Weaselboy, Cody Wilson, Taylor Gatz, Sunni Welch, Kristi Pritchard, Maria Benita, Yazmin Aguilera, Daulton Amick, Katherine Boivin, Kimber Brown, Cody Carpenter, Terence Davis, Natasha Dugan, Sandra Elliott, Adam Eyzaguirre, Kathie Goodrick, Michael Goodrick, Stacey Johnson, Jordan Sedgwick, Becky Marquez, Simone Mincer, Lauren Mongillo, Etta-Mae Allen, Paige Olivo, Karina Paholke, Jeffery Ramsey, Randall Reeder, T. J. Sanders, Larry Sandoval, Ricky Vargas, Liliana Peru; chaperones: Barbara Ghiglia, Carla Pomeroy, Mandi Taylor, Kathi Ramsey, Irma Eyzaguirre, Jackie Mongillo, Renata Johnson, Renae Paholke; teachers: Jennifer McFadden and Susannah Hooper-Howe.
On request of Senator Raggio, the privilege of the floor of the Senate Chamber for this day was extended to the following members of the Bavarian Committee for Public Administration: Dr. Walter Eykmann, Dietmar Franzke, Christine Goertz, Stefan Jetz, Jakob Kreidl, Christa Goertz, Stefan Jetz, Jakob Kreidl, Christa Naab, Eduard Noth, Friedrich Odenback, Rudolf Peterke, Adi Sprinkart, Dr. Gerhard Waschler, Wilheml Hullmantel, Franz Segl and Petra Neumeier.
On request of President Hunt, the privilege of the floor of the Senate Chamber for this day was extended to Mark Markeson and Lynn Lawrence.
Senator Raggio moved that the Senate adjourn until Saturday, May 26, 2001 at 10 a.m.
Motion carried.
Senate adjourned at 1:49 p.m.
Approved:Lorraine T. Hunt
President of the Senate
Attest: Claire J. Clift
Secretary of the Senate