THE ONE HUNDRED AND SIXTEENTH DAY
Carson City(Thursday), May 31, 2001
Senate called to order at 11:50 a.m.
President pro Tempore Jacobsen presiding.
Roll called.
All present.
Prayer by the Chaplain, Pastor Albert Tilstra.
Dear God, as we pray for the members of his body, its officers and all those who work at the front desk, we remember that You were never in a hurry and never lost Your inner peace when under pressure greater than we shall ever know. But we are only human. We grow tired. We feel the strain of meeting deadlines, and we chafe under frustration. We need poise and peace of mind, and only You can supply the deepest needs of tired bodies, jaded spirits and frayed nerves.
Give us Your peace and refresh us in our weariness, that this may be a good day with much done well, that we may say with the Apostle Paul: “I can do all things through Christ, who gives me strength.”
Amen.
Pledge of allegiance to the Flag.
Senator Raggio moved that further reading of the Journal be dispensed with, and the President pro Tempore and Secretary be authorized to make the necessary corrections and additions.
Motion carried.
REPORTS OF COMMITTEES
President pro Tempore:
Your Committee on Finance, to which were referred Senate Bill No. 582; Assembly Bills Nos. 115, 503, 506, 514, 516, 523, 525, 526, 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 were referred Senate Bill No. 433; Assembly Bill No. 511, 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
Mr. President pro Tempore:
Your Committee on Government Affairs, to which were referred Assembly Joint Resolutions Nos. 3, 5; Assembly Joint Resolution No. 4 of the 70th Session, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Ann O'Connell, Chairman
Mr. President pro Tempore:
Your Committee on Human Resources and Facilities, to which were referred Assembly Bills Nos. 554, 630, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Raymond D. Rawson, Chairman
Mr. President pro Tempore:
Your Committee on Judiciary, to which were referred Senate Bill No. 572; Assembly Bill No. 666, 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
MESSAGES FROM THE ASSEMBLY
Assembly Chamber, Carson City, May 30, 2001
To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day passed Senate Bill No. 247.
Also, I have the honor to inform your honorable body that the Assembly on this day adopted Senate Concurrent Resolution No. 24.
Also, I have the honor to inform your honorable body that the Assembly on this day concurred in the Senate Amendment Nos. 1006, 750 to Assembly Bill No. 77; Senate Amendment No. 942 to Assembly Bill No. 102; Senate Amendment No. 979 to Assembly Bill No. 198; Senate Amendment No. 967 to Assembly Bill No. 225; Senate Amendment No. 984 to Assembly Bill No. 229; Senate Amendment Nos. 1031, 1065 to Assembly Bill No. 248; Senate Amendment No. 672 to Assembly Bill No. 489; Senate Amendment No. 901 to Assembly Bill No. 581; Senate Amendment No. 1094 to Assembly Bill No. 641; Senate Amendment Nos. 796, 960 to Assembly Bill No. 643.
Also, I have the honor to inform your honorable body that the Assembly on this day respectfully refused to concur in the Senate Amendment No. 819 to Assembly Bill No. 326; Senate Amendment No. 907 to Assembly Bill No. 394; Senate Amendment No. 757 to Assembly Bill No. 399; Senate Amendment No. 844 to Assembly Bill No. 550.
Also, I have the honor to inform your honorable body that the Assembly on this day respectfully refused to recede from its action on Senate Bill No. 25, Assembly Amendment No. 866, and requests a conference, and appointed Assemblymen Buckley, Carpenter and Anderson as a first Conference Committee to meet with a like committee of the Senate.
Also, I have the honor to inform your honorable body that the Assembly on this day respectfully refused to recede from its action on Senate Bill No. 83, Assembly Amendment No. 894, and requests a conference, and appointed Assemblymen Oceguera, Brower and Anderson as a first Conference Committee to meet with a like committee of the Senate.
Also, I have the honor to inform your honorable body that the Assembly on this day respectfully refused to recede from its action on Senate Bill No. 99, Assembly Amendment No. 996, and requests a conference, and appointed Assemblymen Leslie, Arberry and Hettrick as a first Conference Committee to meet with a like committee of the Senate.
Also, I have the honor to inform your honorable body that the Assembly on this day respectfully refused to recede from its action on Senate Bill No. 171, Assembly Amendment No. 895, and requests a conference, and appointed Assemblymen Manendo, Carpenter and Collins as a first Conference Committee to meet with a like committee of the Senate.
Also, I have the honor to inform your honorable body that the Assembly on this day respectfully refused to recede from its action on Senate Bill No. 320, Assembly Amendment No. 974, and requests a conference, and appointed Assemblymen Buckley, Parks and Nolan as a first Conference Committee to meet with a like committee of the Senate.
Also, I have the honor to inform your honorable body that the Assembly on this day respectfully refused to recede from its action on Senate Bill No. 362, Assembly Amendment No. 955, and requests a conference, and appointed Assemblymen Dini, Hettrick and Neighbors as a first Conference Committee to meet with a like committee of the Senate.
Also, I have the honor to inform your honorable body that the Assembly on this day respectfully refused to recede from its action on Senate Bill No. 551, Assembly Amendment No. 897, and requests a conference, and appointed Assemblymen McClain, Koivisto and Brower as a first Conference Committee to meet with a like committee of the Senate.
Also, I have the honor to inform your honorable body that the Assembly on this day appointed Assemblymen Bache, Brown and Parnell as a first Conference Committee concerning Assembly Bill No. 60.
Also, I have the honor to inform your honorable body that the Assembly on this day appointed Assemblymen Manendo, Carpenter and Claborn as a first Conference Committee concerning Assembly Bill No. 162.
Also, I have the honor to inform your honorable body that the Assembly on this day appointed Assemblymen Parnell, Gibbons and Smith as a first Conference Committee concerning Assembly Bill No. 555.
Also, I have the honor to inform your honorable body that the Assembly on this day appointed Assemblymen Goldwater, Dini and Humke as a first Conference Committee concerning Assembly Bill No. 620.
Patricia R. Williams
Assistant Chief Clerk of the Assembly
MOTIONS, RESOLUTIONS AND NOTICES
Assembly Concurrent Resolution No. 37.
Senator O'Donnell moved the adoption of the resolution.
Remarks by Senator O'Donnell.
Resolution adopted.
Resolution ordered transmitted to the Assembly.
GENERAL FILE AND THIRD READING
Senate Bill No. 84.
Bill read third time.
Remarks by Senator Raggio.
Roll call on Senate Bill No. 84:
Yeas—21.
Nays—None.
Senate Bill No. 84 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 442.
Bill read third time.
Roll call on Senate Bill No. 442:
Yeas—21.
Nays—None.
Senate Bill No. 442 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly
Senate Bill No. 463.
Bill read third time.
Roll call on Senate Bill No. 463:
Yeas—21.
Nays—None.
Senate Bill No. 463 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 579.
Bill read third time.
Roll call on Senate Bill No. 579:
Yeas—21.
Nays—None.
Senate Bill No. 579 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 581.
Bill read third time.
Roll call on Senate Bill No. 581:
Yeas—21.
Nays—None.
Senate Bill No. 581 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 187.
Bill read third time.
Roll call on Assembly Bill No. 187:
Yeas—21.
Nays—None.
Assembly Bill No. 187 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 189.
Bill read third time.
Remarks by Senator Raggio.
Roll call on Assembly Bill No. 189:
Yeas—21.
Nays—None.
Assembly Bill No. 189 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 507.
Bill read third time.
Roll call on Assembly Bill No. 507:
Yeas—21.
Nays—None.
Assembly Bill No. 507 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 517.
Bill read third time.
Roll call on Assembly Bill No. 517:
Yeas—21.
Nays—None.
Assembly Bill No. 517 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 524.
Bill read third time.
Roll call on Assembly Bill No. 524:
Yeas—21.
Nays—None.
Assembly Bill No. 524 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 527.
Bill read third time.
Roll call on Assembly Bill No. 527:
Yeas—21.
Nays—None.
Assembly Bill No. 527 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 529.
Bill read third time.
Roll call on Assembly Bill No. 529:
Yeas—21.
Nays—None.
Assembly Bill No. 529 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 530.
Bill read third time.
Roll call on Assembly Bill No. 530:
Yeas—20.
Nays—Schneider.
Assembly Bill No. 530 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 532.
Bill read third time.
Roll call on Assembly Bill No. 532:
Yeas—21.
Nays—None.
Assembly Bill No. 532 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 533.
Bill read third time.
Roll call on Assembly Bill No. 533:
Yeas—21.
Nays—None.
Assembly Bill No. 533 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 618.
Bill read third time.
Conflict of interest declared by Senator Porter.
Roll call on Assembly Bill No. 618:
Yeas—20.
Nays—None.
Not Voting—Porter.
Assembly Bill No. 618 having received a two-thirds majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Townsend moved that Assembly Bill No. 661 be taken from the General File and placed on the General File on the next agenda.
Remarks by Senator Townsend.
Motion carried.
Senator Raggio moved that all Unfinished Business on the first agenda be moved to the next agenda.
Remarks by Senator Raggio.
Motion carried.
Senator Raggio moved that the Senate recess until 1 p.m.
Motion carried.
Senate in recess at 12:20 p.m.
SENATE IN SESSION
At 2:21 p.m.
President pro Tempore Jacobsen presiding.
Quorum present.
MESSAGES FROM THE ASSEMBLY
Assembly Chamber, Carson City, May 31, 2001
To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day passed Assembly Joint Resolution No. 15.
Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bills Nos. 378, 508, 564, 596.
Patricia R. Williams
Assistant Chief Clerk of the Assembly
MOTIONS, RESOLUTIONS AND NOTICES
By Senator Rawson:
Senate Concurrent Resolution No. 51—Encouraging the use of systems to suppress fires in the engine compartments of school buses.
Senator Rawson moved the adoption of the resolution.
Remarks by Senator Rawson.
Resolution adopted.
Resolution ordered transmitted to the Assembly.
Whereas, Good health is a basic right for every citizen of the world and access to the highest standards of health information and services is necessary to help guarantee this right; and
Whereas, Participation in international health programs is crucial to world health as the potential for the spread of various infectious diseases increases proportionately with the increase in world trade and travel; and
Whereas, The World Health Organization set forth in the first chapter of its charter the objective of attaining the highest possible level of health for all people; and
whereas, In 1977, the World Health Organization established “Health for All by the Year 2000” as its overriding priority and reaffirmed that commitment in 1998 by endorsing a new global health policy “Health for All in the 21st Century”; and
whereas, Taiwan’s population of 21 million is larger than three-quarters of the member states already in the World Health Organization, and the country shares the noble goals of that organization; and
whereas, The achievements of Taiwan in the field of health are substantial and include one of the highest life expectancy levels in Asia, maternal and infant mortality rates comparable to those of western countries, the eradication of such infectious diseases as cholera, smallpox and the plague, and the distinction of being the first country in the world to provide children with free hepatitis B vaccinations; and
whereas, Before its loss of membership in the World Health Organization in 1972, Taiwan sent specialists to serve in other member countries on countless health projects and its health experts held key positions in the organization, all to the benefit of the entire Pacific region; and
whereas, Presently, this remarkable country is not allowed to participate in any forums and workshops organized by the World Health Organization concerning the latest technologies in the diagnosis, monitoring and control of disease; and
whereas, In recent years, the government and the expert scientists and doctors in the field of medicine of Taiwan have expressed a willingness to assist financially or technically in international aid and health activities supported by the World Health Organization, but these offers have ultimately been refused; and
whereas, According to the constitution of the World Health Organization, Taiwan does not fulfill the criteria for membership; and
Whereas, Because the World Health Organization does not allow observers to participate in the activities of the organization and participation by Taiwan would bring tremendous benefits, it is in the best interests of all persons in this world that Taiwan be admitted to the World Health Organization; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, Jointly, That the members of the 71st session of the Nevada Legislature do hereby urge President Bush and the Congress of the United States to support all efforts made by Taiwan of the Republic of China to gain meaningful participation in the World Health Organization; and be it further
Resolved, That the policy of the United States should include the pursuit of an initiative in the World Health Organization that would ensure such participation; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the President of the United States, the Vice President of the United States as the presiding officer of the Senate, the Speaker of the House of Representatives, the Secretary of Health and Human Services, the World Health Organization, the Director General of the Taipei Economic and Cultural Office in San Francisco and each member of the Nevada Congressional Delegation; and be it further
Resolved, That this resolution becomes effective upon passage.
Senator Raggio moved that all rules be suspended, reading so far had considered first reading, rules further suspended, Assembly Joint Resolution No. 15 declared an emergency measure under the Constitution and placed on third reading and final passage.
Motion carried unanimously.
GENERAL FILE AND THIRD READING
Assembly Joint Resolution No. 15.
Resolution read third time.
Remarks by Senators Raggio, Care and Jacobsen.
Senator Raggio requested that the following remarks be entered in the Journal.
Senator Raggio:
Thank you, Mr. President pro Tempore. It is my privilege to speak to this resolution, and I know that all the members of this body including Senator Mathews, Senator O'Donnell and others who are interested, would pause for just a moment to join with our colleagues in the Assembly. We have a lot of resolutions that pass through this Legislature, and this is one that is very meaningful to us. Taiwan of the Republic of China is our sister state. I know many of us have had the opportunity to take an official visit to Taiwan, and we have marveled at the development of that island province which is now Taiwan, formerly Formosa, and what has been accomplished through their endeavors and the policy of free enterprise.
When you have the opportunity to visit mainland China, you can see what difference progress, dedication and effort put forth by the citizens of Taiwan can achieve. Then you can appreciate what they have accomplished under some severe hardships and limitations.
Nevada has enjoyed a political and economic tie with Taiwan for many years. In 1985, I was one of those who was privileged to travel there to participate as a representative of the Senate when we declared ourselves a sister state with Taiwan. The large seals on the outside of the Legislative building were gifts from the representatives of Taiwan. Senator Jacobsen was particularly close to those efforts. They will stand forever as a symbol of our ties.
This resolution is particularly important not only to the people of Taiwan and their representatives, but also to the world. Taiwan whose population numbers over 21 million people is larger than three-fourths of the member states that already serve. Originally, Taiwan was in the World Health Organization. Its medical experts and medical scientists contributed a great deal throughout the world in the area of health. It is unfortunate, because of political considerations and the change of the constitution of the World Health Organization, that Taiwan has been denied a continuation of that membership.
This resolution speaks not only to the political and economic ties that we have with Taiwan and this State, but puts us on record with many other states in this country of petitioning Congress, petitioning the President and serving notice that Taiwan, the Republic of China, deservedly should have recognition and a place in the World Health Organization. The Senate feels privileged and deems it appropriate that we share with our colleagues in the Assembly the contents of this resolution. I would ask that we unanimously adopt this resolution and that we send notice of this to the appropriate individuals in Washington so that they know of our concerns.
Senator Care gave a speech in Taiwanese echoing the comments of Senator Raggio.
Senator Jacobsen:
I am probably the only one in the House that visited Taiwan in 1939 as a guest of the U.S. Navy, or I should say, an employee. At that time, it was known as Formosa. I have had the opportunity to go back there twice since. I can tell you what a prosperous and ongoing community it is. It is interesting to note that the first time I was there, everyone wanted to know where Senator Raggio was, whether at the hotel or any place that I visited, he left his mark.
Roll call on Assembly Joint Resolution No. 15:
Yeas—21.
Nays—None.
Assembly Joint Resolution No. 15 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Resolution ordered transmitted to the Assembly.
Senator Raggio moved that the Senate recess subject to the call of the Chair.
Motion carried.
Senate in recess at 2:36 p.m.
SENATE IN SESSION
At 2:38 p.m.
President pro Tempore Jacobsen presiding.
Quorum present.
INTRODUCTION, FIRST READING AND REFERENCE
Assembly Bill No. 378.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
Assembly Bill No. 508.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
Assembly Bill No. 564.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
Assembly Bill No. 596.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
SECOND READING AND AMENDMENT
Senate Bill No. 433.
Bill read second time.
The following amendment was proposed by the Committee on Finance:
Amendment No. 1158.
Amend the bill as a whole by deleting sections 1 through 3 and adding new sections designated sections 1 through 3, following the enacting clause, to read as follows:
“Section 1. 1. There is hereby appropriated from the state general fund to the Department of Cultural Affairs the sum of $39,797 for the purchase of equipment.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 2. 1. There is hereby appropriated from the state general fund to the Department of Cultural Affairs to carry out the statewide monument program:
For the fiscal year 2001-2002 $44,225
For the fiscal year 2002-2003 $41,906
2. Any balance of the appropriations made by subsection 1 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.
Sec. 3. 1. This section and section 1 of this act become effective upon passage and approval.
2. Section 2 of this act becomes effective on July 1, 2001.”.
Amend the title of the bill to read as follows:
“AN ACT making appropriations to the Department of Cultural Affairs for the purchase of equipment and to carry out the statewide monument program.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Makes appropriations to Department of Cultural Affairs for purchase of equipment and to carry out statewide monument program. (BDR S‑1364)”.
Senator Raggio moved the adoption of the amendment.
Remarks by Senator Raggio.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 572.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 1157.
Amend section 1, page 1, lines 3 and 4, by deleting: “a school official, teacher, pupil or parent or legal guardian of a pupil” and inserting “any person”.
Amend section 1, page 1, line 6, by deleting “teacher” and inserting “school employee”.
Amend section 1, page 2, line 7, after “(b)” by inserting: ““School employee” means a licensed or unlicensed person who is employed by:
(1) A board of trustees of a school district pursuant to NRS 391.100; or
(2) The governing body of a charter school.
(c)”.
Amend section 1, page 2, line 9, by deleting “charter.” and inserting “charter school.”.
Amend section 1, page 2, line 12, by deleting “(c)” and inserting “(d)”.
Amend sec. 2, page 2, lines 20 and 21, by deleting: “a school official, teacher, pupil or parent or legal guardian of a pupil” and inserting “any person”.
Amend sec. 2, page 2, line 23, by deleting “teacher” and inserting “school employee”.
Amend sec. 2, page 2, line 43, after “(b)” by inserting: ““School employee” means a licensed or unlicensed person, other than a school official, who is employed by a private school.
(c)”.
Amend sec. 2, page 3, line 1, by deleting “(c)” and inserting “(d)”.
Amend the title of the bill to read as follows:
“AN ACT relating to public safety; providing immunity from civil liability for any person who reports certain threats of violence against a school official, school employee or pupil; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Provides immunity from civil liability for person who reports threats of violence against school officials, school employees or pupils. (BDR 34‑1532)”.
Senator James moved the adoption of the amendment.
Remarks by Senator James.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 511.
Bill read second time.
The following amendment was proposed by the Committee on Finance:
Amendment No. 1167.
Amend section 1, page 1, line 1, before “There” by inserting “1.”.
Amend section 1, page 1, between lines 3 and 4, by inserting:
“2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.
3. The Tahoe Regional Planning Agency shall:
(a) Submit a quarterly report to the Interim Finance Committee regarding the nature and progress of the research being conducted; and
(b) Upon completion of the research, submit a final report to the Interim Finance Committee regarding that research.”.
Amend the bill as a whole by deleting sec. 2 and renumbering sec. 3 as sec. 2.
Senator Raggio moved the adoption of the amendment.
Remarks by Senator Raggio.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assembly Bill No. 666.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 1171.
Amend the bill as a whole by deleting section 1 and inserting:
“Section 1. (Deleted by amendment.)”.
Amend the bill as a whole by adding a new section designated sec. 43.5, following sec. 43, to read as follows:
“Sec. 43.5. Assembly Bill No. 574 of this session is hereby amended by adding thereto a new section to read as follows:
Sec. 4. 1. This section and section 3 of this act become effective upon passage and approval.
2. Sections 1 and 2 of this act become effective on October 1, 2001.”.
Amend the bill as a whole by adding a new section designated sec. 49.5, following sec. 49, to read as follows:
“Sec. 49.5. Section 11 of Senate Bill No. 424 of this session is hereby amended to read as follows:
Sec. 11. NRS 444.635 is hereby amended to read as follows:
444.635 1. Except as otherwise provided in NRS 445C.010 to 445C.120, inclusive, a person convicted of violating NRS 444.555 and, in addition to the penalty imposed [in] pursuant to NRS 444.583 or 444.630, any person convicted of violating NRS 444.583 or 444.630 is liable for a civil penalty[,] upon each such conviction.
2. Except as otherwise provided in NRS 445C.010 to 445C.120, inclusive, a court before whom a defendant is convicted of a violation of the provisions of NRS 444.555, 444.583 or 444.630, shall order the defendant [to pay a civil penalty which is at least $250 but not more than $2,000.]:
(a) For a first offense, to pay a civil penalty which is at least $500 but not more than $5,000.
(b) For a second offense, to pay a civil penalty which is at least $1,000 but not more than $5,500.
(c) For a third offense, to pay a civil penalty which is at least $1,500 but not more than $6,000.
(d) For any subsequent offense, to pay a civil penalty which is at least $500 more than the most recent previous civil penalty that the defendant was ordered to pay pursuant to this subsection.
3. If so provided by the court, [the] a penalty imposed pursuant to this section may be paid in installments.
[3. The health authority or division of environmental protection of the state department of conservation and natural resources]
4. The solid waste management authority may attempt to collect all such penalties and installments which are in default in any manner provided by law for the enforcement of a judgment.
[4.] 5. Each court which receives money [under] pursuant to the provisions of this section shall forthwith remit the money to the division of environmental protection of the state department of conservation and natural resources or, if the health authority initiated the action, the district health department which shall deposit the money with the state treasurer for credit in a separate account in the state general fund or with the county treasurer for deposit in an account for the district health department, as the case may be. Money so deposited must be [used] :
(a) Used only to pay [rewards] :
(1) Rewards pursuant to NRS 444.640 [or for] ;
(2) For education regarding the unlawful disposal of solid waste;
(3) For the cleaning up of dump sites; and
(4) For the management of solid waste ; and [paid]
(b) Paid as other claims against the state or local governments are paid.”.
Senator James moved the adoption of the amendment.
Remarks by Senator James.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
GENERAL FILE AND THIRD READING
Assembly Bill No. 661.
Bill read third time.
Senator Raggio moved that the Senate recess subject to the call of the Chair.
Motion carried.
Senate in recess at 2:49 p.m.
SENATE IN SESSION
At 2:55 p.m.
President pro Tempore Jacobsen presiding.
Quorum present.
Senator Raggio moved that Assembly Bill No. 661 be taken from the General File and placed on the General File for the next legislative day.
Remarks by Senator Raggio.
Motion carried.
UNFINISHED BUSINESS
Consideration of Assembly Amendments
Senate Bill No. 63.
The following Assembly amendment was read:
Amendment No. 1047.
Amend sec. 2, page 1, by deleting lines 3 through 16 and inserting:
“Sec. 2. 1. A public body may award a contract for the construction, alteration or repair of a public work pursuant to NRS 338.1375 to 338.1389, inclusive, to a specialty contractor if:
(a) The majority of the work to be performed on the project to which the contract pertains consists of specialty contracting for which the specialty contractor is licensed; and
(b) The project to which the contract pertains is not part of a larger public work.
2. If a public body awards a contract to a specialty contractor pursuant to NRS 338.1375 to 338.1389, inclusive, all work to be performed on the project to which the contract pertains that is outside the scope of the license of the specialty contractor must be performed by a subcontractor who is licensed to perform such work.”.
Amend the bill as a whole by deleting sec. 3 and inserting:
“Sec. 3. (Deleted by amendment.)”.
Amend sec. 4, page 2, by deleting lines 6 through 25 and inserting:
“Sec. 4. 1. A local government may award a contract for the construction, alteration or repair of a public work to a specialty contractor pursuant to NRS 338.147 if:
(a) The majority of the work to be performed on the project to which the contract pertains consists of specialty contracting for which the specialty contractor is licensed; and
(b) The project to which the contract pertains is not part of a larger public work.
2. If a local government awards a contract to a specialty contractor pursuant to NRS 338.147, all work to be performed on the project to which the contract pertains that is outside the scope of the license of the specialty contractor must be performed by a subcontractor who is licensed to perform such work.”.
Amend sec. 5, page 3, line 26, by deleting “or”.
Amend sec. 5, page 3, line 28, by deleting “NRS.” and inserting “NRS; or”.
Amend sec. 5, page 3, between lines 28 and 29, by inserting:
“(d) Comply with subsection 4 or 5 of NRS 338.070.”.
Amend sec. 5, page 4, by deleting lines 16 through 20 and inserting:
“[11.] 12. “Specialty contractor” means a [contractor whose operations as such are the performance of construction work requiring special skill and whose principal contracting business involves the use of specialized building trades or crafts.
12.] person who is licensed to conduct business as described in subsection 4 of NRS 624.215.
13. “Stand-alone underground utility project” means an”.
Amend sec. 6, page 5, line 21, by deleting “or”.
Amend sec. 6, page 5, line 23, by deleting “NRS.” and inserting “NRS; or”.
Amend sec. 6, page 5, between lines 23 and 24, by inserting:
“(d) Comply with subsection 4 or 5 of NRS 338.070.”.
Amend sec. 6, page 6, by deleting line 11 and inserting:
“[8.] 9. “Specialty contractor” means a person who is licensed to conduct business as described in subsection 4 of NRS 624.215.
10. “Wages” means:”.
Amend sec. 6, page 6, line 16, by deleting “10.” and inserting “11.”.
Amend sec. 7, page 6, line 31, by deleting “inclusive.” and inserting: “inclusive, and section 1 of Assembly Bill No. 86 of this [act.] session.”.
Amend sec. 10, page 12, line 43, by deleting “of” and inserting “containing”.
Amend sec. 10, page 13, by deleting lines 13 and 14 and inserting:
“(b) The substitution is approved by the awarding authority or an authorized representative of the awarding authority. The substitution must be approved if the awarding authority or authorized representative of the awarding authority determines that:
(1) The named subcontractor, after having a reasonable opportunity, fails or”.
Amend sec. 10, page 13, line 16, after “same” by inserting “general”.
Amend sec. 10, page 13, between lines 22 and 23, by inserting:
“4. As used in this section, “general terms” means the terms and conditions of a contract that set the basic requirements for a project and apply without regard to the particular trade or specialty of a subcontractor, but does not include any provision that controls or relates to the specific portion of the project that will be completed by a subcontractor, including, without limitation, the materials to be used by the subcontractor or other details of the work to be performed by the subcontractor.”.
Amend the bill as a whole by adding a new section designated sec. 14.5, following sec. 14, to read as follows:
“Sec. 14.5. Section 1 of Senate Bill No. 255 of this session is hereby amended to read as follows:
Section 1. NRS 338.010 is hereby amended to read as follows:
338.010 As used in this chapter:
1. “Day labor” means all cases where public bodies, their officers, agents or employees, hire, supervise and pay the wages thereof directly to a workman or workmen employed by them on public works by the day and not under a contract in writing.
2. “Design-build contract” means a contract between a public body and a design-build team in which the design-build team agrees to design and construct a public work.
3. “Design-build team” means an entity that consists of:
(a) At least one person who is licensed as a general engineering contractor or a general building contractor pursuant to chapter 624 of NRS; and
(b) For a public work that consists of:
(1) A building and its site, at least one person who holds a certificate of registration to practice architecture pursuant to chapter 623 of NRS.
(2) Anything other than a building and its site, at least one person who holds a certificate of registration to practice architecture pursuant to chapter 623 of NRS or is licensed as a professional engineer pursuant to chapter 625 of NRS.
4. “Design professional” means [a person with a professional license or certificate issued pursuant to chapter 623, 623A or 625 of NRS.] :
(a) A person who is licensed as a professional engineer pursuant to chapter 625 of NRS;
(b) A person who is licensed as a professional land surveyor pursuant to chapter 625 of NRS;
(c) A person who holds a certificate of registration to engage in the practice of architecture pursuant to chapter 623 of NRS;
(d) A person who holds a certificate of registration to engage in the practice of landscape architecture pursuant to chapter 623A of NRS; or
(e) A business entity that engages in the practice of professional engineering, land surveying, architecture or landscape architecture.
5. “Eligible bidder” means a person who is:
(a) Found to be a responsible and responsive contractor by a local government which requests bids for a public work in accordance with paragraph (b) of subsection 1 of NRS 338.1373; or
(b) Determined by a public body which awarded a contract for a public work pursuant to NRS 338.1375 to 338.1389, inclusive, to be qualified to bid on that contract pursuant to NRS 338.1379 or was exempt from meeting such qualifications pursuant to NRS 338.1383.
6. “General contractor” means a person who is licensed to conduct business in one, or both, of the following branches of the contracting business:
(a) General engineering contracting, as described in subsection 2 of NRS 624.215.
(b) General building contracting, as described in subsection 3 of NRS 624.215.
7. “Local government” means every political subdivision or other entity which has the right to levy or receive money from ad valorem or other taxes or any mandatory assessments, and includes, without limitation, counties, cities, towns, boards, school districts and other districts organized pursuant to chapters 244A, 309, 318, 379, 474, 541, 543 and 555 of NRS, NRS 450.550 to 450.750, inclusive, and any agency or department of a county or city which prepares a budget separate from that of the parent political subdivision.
8. “Offense” means failing to:
(a) Pay the prevailing wage required pursuant to this chapter;
(b) Pay the contributions for unemployment compensation required pursuant to chapter 612 of NRS;
(c) Provide and secure compensation for employees required pursuant to chapters 616A to 617, inclusive, of NRS; or
(d) Comply with subsection 4 or 5 of NRS 338.070.
9. “Prime contractor” means a person who:
(a) Contracts to construct an entire project;
(b) Coordinates all work performed on the entire project;
(c) Uses his own work force to perform all or a part of the construction, repair or reconstruction of the project; and
(d) Contracts for the services of any subcontractor or independent contractor or is responsible for payment to any contracted subcontractors or independent contractors.
The term includes, without limitation, a general contractor or a specialty contractor who is authorized to bid on a project pursuant to section 2 or 4 of Senate Bill No. 63 of this [act.]session.
10. “Public body” means the state, county, city, town, school district or any public agency of this state or its political subdivisions sponsoring or financing a public work.
11. “Public work” means any project for the new construction, repair or reconstruction of:
(a) A project financed in whole or in part from public money for:
(1) Public buildings;
(2) Jails and prisons;
(3) Public roads;
(4) Public highways;
(5) Public streets and alleys;
(6) Public utilities which are financed in whole or in part by public money;
(7) Publicly owned water mains and sewers;
(8) Public parks and playgrounds;
(9) Public convention facilities which are financed at least in part with public funds; and
(10) All other publicly owned works and property whose cost as a whole exceeds $20,000. Each separate unit that is a part of a project is included in the cost of the project to determine whether a project meets that threshold.
(b) A building for the University and Community College System of Nevada of which 25 percent or more of the costs of the building as a whole are paid from money appropriated by this state or from federal money.
12. “Specialty contractor” means a person who is licensed to conduct business as described in subsection 4 of NRS 624.215.
13. “Stand-alone underground utility project” means an underground utility project that is not integrated into a larger project, including, without limitation:
(a) An underground sewer line or an underground pipeline for the conveyance of water, including facilities appurtenant thereto; and
(b) A project for the construction or installation of a storm drain, including facilities appurtenant thereto,
that is not located at the site of a public work for the design and construction of which a public body is authorized to contract with a design-build team pursuant to subsection 2 of NRS 338.1711.
14. “Wages” means:
(a) The basic hourly rate of pay; and
(b) The amount of pension, health and welfare, vacation and holiday pay, the cost of apprenticeship training or other similar programs or other bona fide fringe benefits which are a benefit to the workman.
15. “Workman” means a skilled mechanic, skilled workman, semiskilled mechanic, semiskilled workman or unskilled workman. The term does not include a design professional.”.
Amend sec. 15, page 21, by deleting lines 4 through 15 and inserting:
“Sec. 15. 1. This section and sections 1 to 4, inclusive, 7, 10, 13 and 14 of this act become effective on July 1, 2001.
2. Sections 5, 8 and 11 of this act become effective at 12:01 a.m. on July 1, 2001.
3. Section 14.5 of this act becomes effective at 12:02 a.m. on July 1, 2001.
4. Sections 6 and 9 of this act become effective at 12:02 a.m. on October 1, 2003.
5. Section 12 of this act becomes effective at 12:03 a.m. on October 1, 2003.
6. Sections 5, 8, 11, 13 and 14 of this act expire by limitation on October 1, 2003.”.
Senator O'Connell moved that the Senate concur in the Assembly amendment to Senate Bill No. 63.
Remarks by Senator O'Connell.
Motion carried by a constitutional majority.
Bill ordered enrolled.
Senate Bill No. 150.
The following Assembly amendment was read:
Amendment No. 775.
Amend section 1, page 1, between lines 11 and 12, by inserting:
“(e) Designating an animal as inherently dangerous and requiring the owner of such an animal to obtain a policy of liability insurance for the animal in an amount determined by the board of county commissioners.”.
Amend section 1, page 2, line 4, after “offense.” by inserting: “As used in this subsection, “horse tripping” does not include tripping a horse to provide medical or other health care for the horse.”.
Amend the title of the bill, first line, after “commissioners” by inserting: “to designate an animal as inherently dangerous and”.
Amend the summary of the bill to read as follows:
Senator O'Connell moved that the Senate concur in the Assembly amendment to Senate Bill No. 150.
Remarks by Senator O'Connell.
Motion carried by a constitutional majority.
Bill ordered enrolled.
Senate Bill No. 265.
The following Assembly amendment was read:
Amendment No. 918.
Amend section 1, page 1, line 12, by deleting: “the city or county and”.
Amend section 1, page 1, line 13, by deleting “structure.” and inserting: “structure and which is approved by the city or county as an appropriate site for the structure.”.
Amend section 1, page 1, line 15, by deleting “routinely maintaining” and inserting: “engaging in routine maintenance of”.
Amend section 1, page 1, line 21, by deleting “allow or”.
Amend section 1, page 2, by deleting lines 3 and 4 and inserting:
“4. The requirements of subsection 1 do not apply to a nonconforming outdoor advertising structure that is:
(a) Required to be removed as a result of the”.
Amend section 1, page 2, line 8, by deleting “lease.” and inserting: “lease; or
(b) Destroyed or damaged in excess of 50 percent of its material structural value as a result of a natural disaster, including, without limitation, a fire, flood, earthquake, windstorm, rainstorm and snowstorm.”.
Amend section 1, page 2, line 10, after “development” by inserting “or redevelopment”.
Amend section 1, page 2, line 14, after “heard.” by inserting: “The requirements of subsection 1 do not apply if, after the public hearing required by this subsection, a city or county requires the removal of the nonconforming outdoor advertising structure.”.
Amend section 1, page 2, line 32, by deleting “allowed or”.
Amend section 1, page 2, line 38, after “(c)” by inserting: ““Material structural value” means the cost of labor and materials necessary to erect an outdoor advertising structure. The term does not include any revenue or expenses related to the lease of real property upon which the outdoor advertising structure is located.
(d)”.
Amend section 1, page 2, by deleting lines 45 through 49 and inserting: “permit, variance, waiver, condition of zoning or other approval for the use of land if, when the special use permit, conditional use permit, variance, waiver, condition of zoning or other approval for the use of land was first approved, the special use permit, conditional use permit, variance, waiver, condition of zoning or other approval for the use of land was limited by a specific condition which allowed or required the governing body of the city or county to conduct a review of the structure.”.
Amend section 1, page 3, line 1, by deleting “(d)” and inserting “(e)”.
Amend section 1, page 3, between lines 5 and 6, by inserting:
“(f) “Routine maintenance” means normal repair and upkeep of the structural integrity and appearance of a nonconforming outdoor advertising structure. The term does not include any increase in the size or height of the structure or any addition or enhancement to the structure that increases the visual effect of the structure or increases the impact on the use of the land in the area around the structure.”.
Amend the title of the bill, second line, after “certain” by inserting: “nonconforming outdoor advertising”.
Amend the summary of the bill to read as follows:
“SUMMARY—Requires city or county to pay just compensation or authorize alternative location for certain nonconforming outdoor advertising structures under certain circumstances. (BDR 22‑156)”.
Senator O'Connell moved that the Senate concur in the Assembly amendment to Senate Bill No. 265.
Remarks by Senator O'Connell.
Motion carried by a constitutional majority.
Bill ordered enrolled.
Senate Bill No. 395.
The following Assembly amendment was read:
Amendment No. 915.
Amend section 1, page 2, line 15, by deleting: “3, 2 and 1,” and inserting: “25, 26 and 27,”.
Senator O'Connell moved that the Senate concur in the Assembly amendment to Senate Bill No. 395.
Remarks by Senator O'Connell.
Motion carried by a constitutional majority.
Bill ordered enrolled.
Senate Bill No. 401.
The following Assembly amendment was read:
Amendment No. 774.
Amend sec. 4, page 2, between lines 25 and 26, by inserting:
“5. Develop and coordinate efforts to attract biotechnological companies to this state.
6. Establish and maintain a clearinghouse of information regarding biotechnological business in this state.”.
Amend sec. 5, page 2, line 26, before “The” by inserting “1.”.
Amend sec. 5, page 2, line 28, by deleting “1.” and inserting “(a)”.
Amend sec. 5, page 2, line 29, by deleting “2.” and inserting “(b)”.
Amend sec. 5, page 2, between lines 31 and 32, by inserting:
“2. The director may serve as a member of the Nevada Technology Council.”.
Senator O'Connell moved that the Senate concur in the Assembly amendment to Senate Bill No. 401.
Remarks by Senator O'Connell.
Motion carried by a constitutional majority.
Bill ordered enrolled.
Senate Bill No. 466.
The following Assembly amendment was read:
Amendment No. 862.
Amend sec. 3, page 3, by deleting lines 23 and 24 and inserting:
“(b) Any member of a board, commission or other body whose function”.
Amend sec. 3, page 3, line 26, by deleting “(d)” and inserting “(c)”.
Amend sec. 3, page 3, line 30, by deleting “(e)” and inserting “(d)”.
Amend the bill as a whole by renumbering sec. 6 as sec. 7 and adding a new section designated sec. 6, following sec. 5, to read as follows:
“Sec. 6. NRS 281.561 is hereby amended to read as follows:
281.561 1. Except as otherwise provided in subsection 2 or 3, if a candidate for public or judicial office or a public or judicial officer is entitled to receive compensation for serving in the office in question, he shall file with the commission, and with the officer with whom declarations of candidacy for the office in question are filed, a statement of financial disclosure, as follows:
(a) A candidate for nomination, election or reelection shall file a statement of financial disclosure no later than the 10th day after the last day to qualify as a candidate for the office.
(b) A public or judicial officer appointed to fill the unexpired term of an elected public or judicial officer shall file a statement of financial disclosure within 30 days after his appointment.
(c) Every public or judicial officer, whether appointed or elected, shall file a statement of financial disclosure on or before March 31 of each year of the term, including the year the term expires.
(d) A public or judicial officer who leaves office on a date other than the expiration of his term or anniversary of his appointment or election, shall file a statement of financial disclosure within 60 days after leaving office.
2. A statement filed pursuant to one of the paragraphs of subsection 1 may be used to satisfy the requirements of another paragraph of subsection 1 if the initial statement was filed not more than 3 months before the other statement is required to be filed. [The public or judicial officer shall notify the commission in writing of his intention to use the previously filed statement to fulfill the present requirement.]
3. If a person is serving in a public or judicial office for which he is required to file a statement pursuant to subsection 1, he may use the statement he files for that initial office to satisfy the requirements of subsection 1 for every other public or judicial office in which he is also serving. [The person shall notify the commission in writing of his intention to use the statement for the initial office to fulfill the requirements of subsection 1 for every other office.]
4. A person may satisfy the requirements of subsection 1 by filing with the commission a copy of a statement of financial disclosure that was filed pursuant to the requirements of a specialized or local ethics committee if the form of the statement has been approved by the commission.”.
Amend the bill as a whole by adding a new section designated sec. 8, following sec. 6, to read as follows:
“Sec. 8. 1. This section and sections 1, 2 and 4 to 7, inclusive, of this act become effective on October 1, 2001.
2. Section 3 of this act becomes effective at 12:01 a.m. on October 1, 2001.”.
Amend the title of the bill, fourth line, by deleting “commission;” and inserting: “commission on ethics; eliminating the requirement that certain public officials and judicial officers notify the commission in writing of their intent to use previously filed financial disclosure statements to fulfill certain other duties to file financial disclosure statements;”.
Senator O'Connell moved that the Senate concur in the Assembly amendment to Senate Bill No. 466.
Remarks by Senator O'Connell.
Motion carried by a constitutional majority.
Bill ordered enrolled.
Senate Bill No. 487.
The following Assembly amendments were read:
Amendment No. 697.
Amend section 1, page 2, line 23, by deleting “60” and inserting “50”.
Amend sec. 4, page 10, line 18, by deleting “60” and inserting “50”.
Amend sec. 5, page 11, line 43, by deleting “60” and inserting “50”.
Amend sec. 7, page 14, line 1, by deleting “60” and inserting “50”.
Amendment No. 787.
Amend sec. 3, page 6, by deleting lines 17 and 18 and inserting:
“355.170 1. Except as otherwise provided in this section, NRS 354.750 and section 1 of [this act,] Assembly Bill No. 96 of this session, a board of county commissioners, a board of trustees of a county”.
Amend sec. 3, page 6, line 42, after “(g)” by inserting: “Nonnegotiable certificates of deposit issued by insured commercial banks, insured credit unions or insured savings and loan associations, except certificates that are not within the limits of insurance provided by an instrumentality of the United States, unless those certificates are collateralized in the same manner as is required for uninsured deposits by a county treasurer pursuant to NRS 356.133. For the purposes of this paragraph, any reference in NRS 356.133 to a “county treasurer” or “board of county commissioners” shall be deemed to refer to the appropriate financial officer or governing body of the county, school district or city purchasing the certificates.
(h)”.
Amend sec. 3, page 6, line 45, by deleting “(h)” and inserting “(i)”.
Amend sec. 3, page 7, line 3, by deleting “(i)” and inserting “(j)”.
Amend sec. 3, page 7, line 8, by deleting “(j)” and inserting “(k)”.
Amend sec. 3, page 7, line 21, by deleting “(k)” and inserting “(l)”.
Amend sec. 3, page 7, by deleting lines 25 through 27 and inserting:
“(3) Invest only in:
(I) Securities issued by the Federal Government or agencies of the Federal Government;
(II) Master notes, bank notes or other short-term commercial paper rated by a nationally recognized rating service as “A-1,” “P-1” or its equivalent, or better, issued by a corporation organized and operating in the United States or by a depository institution licensed by the United States or any state and operating in the United States; or
(III) Repurchase agreements that are fully collateralized by the obligations described in sub-subparagraphs (I) and (II).”.
Amend sec. 3, page 7, line 28, by deleting “(l)” and inserting “(m)”.
Amend sec. 8, page 14, by deleting line 44 and inserting:
“Sec. 8. 1. This section and sections 1, 2 and 4 to 7, inclusive, of this act become effective on July 1, 2001.
2. Section 3 of this act becomes effective at 12:01 a.m. on July 1, 2001.”.
Amendment No. 1037.
Amend sec. 4, page 10, line 18, by deleting “50” and inserting “25”.
Amend the bill as a whole by deleting sec. 7 and inserting:
“Sec. 7. (Deleted by amendment.)”.
Senator O'Connell moved that the Senate concur in the Assembly amendments to Senate Bill No. 487.
Remarks by Senator O'Connell.
Motion carried by a constitutional majority.
Bill ordered enrolled.
Senate Bill No. 553.
The following Assembly amendment was read:
Amendment No. 917.
Amend sec. 10, page 2, line 45, after “inclusive,” by inserting: “and sections 2 and 3of Senate Bill No. 123 of this [act,] session,”.
Amend sec. 11, page 3, line 16, by deleting “and contemplated”.
Amend sec. 11, page 3, lines 17 and 18, by deleting “and contemplated”.
Amend sec. 11, page 3, line 20, after “(b)” by inserting: “A complete statement, in the detail and form established by the committee on local government finance, of general obligation debt and special elective taxes contemplated to be submitted to the commission during the fiscal year.
(c)”.
Amend sec. 11, page 3, lines 27 and 28, by deleting “ad valorem” and inserting “property”.
Amend sec. 11, page 3, lines 30 and 31, by deleting “ad valorem” and inserting “property”.
Amend sec. 11, page 3, line 40, by deleting “(c),” and inserting “(d),”.
Amend sec. 11, page 3, line 41, after “the” by inserting “property”.
Amend sec. 11, page 3, line 42, by deleting “(c)” and inserting “(d)”.
Amend sec. 11, page 3, line 43, by deleting “[3] 5” and inserting “5”.
Amend sec. 11, page 4, line 1, by deleting “(d)” and inserting “(e)”.
Amend sec. 11, page 4, line 7, by deleting “The” and inserting: “Except as otherwise provided in subsection 4, the”.
Amend sec. 11, page 4, line 8, by deleting “annually.” and inserting: “once each fiscal year.”.
Amend sec. 11, page 4, line 9, after “4” by inserting: “In a county whose population is 100,000 or more, the governing body of each municipality shall update all statements and plans required by subsection 1 not less often than once each fiscal year and not more often than twice each fiscal year, except that a municipality may update a statement or plan required by subsection 1 more often than twice each fiscal year:
(a) If the governing body determines, by a two-thirds vote, that an emergency requires that a statement or plan be updated;
(b) To include an item related to:
(1) An installment purchase that does not count against a debt limit; or
(2) An obligation for which no additional property tax is expected;
(c) To update the purpose of a special elective tax without changing the rate of the special elective tax; or
(d) To comply with the requirements of subsection 5 of NRS 268.625 or subsection 1 of NRS 350.091.
5.”.
Amend sec. 12, page 4, line 44, by deleting “or”.
Amend sec. 12, page 4, line 46, by deleting “ad valorem” and inserting “property”.
Amend sec. 12, page 5, lines 3 and 5, by deleting “ad valorem” and inserting “property”.
Amend sec. 12, page 5, line 11, after “agreement” by inserting: “which complies with NRS 361.457 and which is”.
Amend sec. 12, page 5, by deleting lines 14 through 18 and inserting: “the statutory limitation or unless the commission adopts a plan that is approved by the executive director of the department of taxation pursuant to which the combined property tax rate will be in compliance with the statutory limitation; or
(c) If, based upon the factors listed in subparagraphs (1) to (4), inclusive, of paragraph (b), the proposal will affect the ability of an affected governmental entity to levy the maximum amount of property taxes that it may levy pursuant to NRS 354.59811, unless:
(1) The proposal includes a resolution approving the proposal pursuant to subsection 3 of section 3 of Senate Bill No. 123 of this [act] session from each affected governmental entity whose ability to levy property taxes will be affected by the commission’s approval of the proposal; or
(2) The commission has resolved all conflicts between the municipality and all affected governmental entities and has approved the increase in property taxes resulting from the proposal pursuant to section 3 of Senate Bill No. 123 of this [act.] session.
5. Except as otherwise provided in subsection 6, ifgeneral obligation debt is to be incurred more than 36 months”.
Amend sec. 12, page 5, between lines 44 and 45, by inserting:
“6. The executive director of the department of taxation may not approve a proposal pursuant to subsection 5 which, based upon the factors listed in subparagraphs (1) to (4), inclusive, of paragraph (b) of subsection 4, will affect the ability of an affected governmental entity to levy the maximum amount of property taxes that it may levy pursuant to NRS 354.59811, unless:
(a) The proposal includes a resolution approving the proposal pursuant to subsection 3 of section 3 of Senate Bill No. 123 of this [act] session from each affected governmental entity whose ability to levy property taxes will be affected by the commission’s approval of the proposal; or
(b) The commission has resolved all conflicts between the municipality and all affected governmental entities and has approved the increase in property taxes resulting from the proposal pursuant to section 3 of Senate Bill No. 123 of this [act.] session.”.
Amend sec. 12, page 5, line 45, by deleting “[6” and inserting “7. [”.
Amend sec. 12, page 5, line 47, by deleting “commission.]” and inserting “commission.”.
Amend sec. 12, page 5, after line 47 by inserting:
“8.] As used in this section, “affected governmental entity” has the meaning ascribed to it in subsection 9 of section 3 of Senate Bill No. 123 of this [act.] session.”.
Amend sec. 13, page 6, line 31, after “3.” by inserting: “If the proposal is from a municipality, the commission may not approve any portion of the proposal that is not included in the statement filed pursuant to paragraph (b) of subsection 1 of NRS 350.0035, as updated pursuant to subsection 3 or 4 of NRS 350.0035.
4.”.
Amend sec. 14, page 6, line 36, by deleting “approve” and inserting: “approve, conditionally or provisionally approve,”.
Amend sec. 14, page 6, line 39, by deleting “(d),” and inserting: “(d) and section 3 of Senate Bill No. 123 of this [act,] session,”.
Amend sec. 14, page 7, lines 12 and 13, by deleting “90 percent” and inserting: “the specified percentage, pursuant to subsection 1 of section 2 of Senate Bill No. 123 of this [act,] session,”.
Amend sec. 14, page 7, line 15, by deleting “levy;” and inserting: “levy in accordance with the priorities established pursuant to subsection 2 of section 2 of Senate Bill No. 123 of this [act;] session;”.
Amend sec. 14, page 7, line 18, by deleting “paragraph (a)” and inserting: “paragraphs (a) and (b)”.
Amend sec. 23, page 13, line 21, by deleting “[,]”.
Amend sec. 23, page 13, line 29, after “article;” by inserting “or”.
Amend sec. 23, page 13, by deleting lines 30 through 38.
Amend sec. 23, page 13, line 39, by deleting “(b)” and inserting “(b)”.
Amend sec. 23, page 14, line 31, by deleting “[or]”.
Amend sec. 23, page 14, by deleting lines 34 and 35 and inserting: “in proceeds; or
(n) A transfer by a government or governmental unit.”.
Amend sec. 37, page 18, line 24, after “543.600,” by inserting: “and section 4 of Senate Bill No. 203 of this [act,] session,”.
Amend sec. 39, page 20, line 13, after “(a)” by inserting: ““Building permit” means the official document or certificate issued by the building officer of a local government which authorizes the construction of a structure.
(b)”.
Amend sec. 39, page 20, by deleting lines 15 through 17.
Amend sec. 39, page 20, between lines 24 and 25, by inserting:
“(d) “Current asset” means any cash maintained in an enterprise fund and any interest or other income earned on the money in the enterprise fund that, at the end of the current fiscal year, is anticipated by a local government to be consumed or converted into cash during the next ensuing fiscal year.
(e) “Current liability” means any debt incurred by a local government to provide the services associated with issuing building permits that, at the end of the current fiscal year, is determined by the local government to require payment within the next ensuing fiscal year.
(f) “Operating cost” means the amount paid by a local government for supplies, services, salaries, wages and employee benefits to provide the services associated with issuing building permits.
(g) “Working capital” means the excess of current assets over current liabilities, as determined by the local government at the end of the current fiscal year.”.
Amend sec. 39, page 20, lines 46 and 47, by deleting: “fees for building permits;” and inserting: “building permit fees;”.
Amend sec. 39, page 20, line 49, by deleting “and”.
Amend sec. 39, page 21, line 1, after “(c)” by inserting: “Except as otherwise provided in subsection 5, the local government maintains a balance of unreserved working capital in the enterprise fund that does not exceed an amount equal to 9 months’ operating costs for the program for the issuance of building permits of the local government; and
(d)”.
Amend sec. 39, page 21, between lines 8 and 9, by inserting:
“5. In addition to the balance of unreserved working capital authorized pursuant to subsection 4, the local government may maintain in an enterprise fund created pursuant to this section an amount of working capital for the following purposes:
(a) An amount sufficient to pay the debt service for 1 year on any debt incurred by the local government to provide the services associated with issuing building permits;
(b) An amount that does not exceed the total amount of expenditures for the program for the issuance of building permits of the local government set forth in the capital improvement plan of the local government prepared pursuant to NRS 354.5945 for the current fiscal year; and
(c) An amount that does not exceed 4 percent of the annual operating costs of the program for the issuance of building permits of the local government which must be used to pay for unanticipated capital replacement.
6. Any amount in an enterprise fund created pursuant to this section that is designated for special use, including, without limitation, prepaid fees and any other amount subject to a contractual agreement, must be identified as a restricted asset and must not be included as a current asset in the calculation of working capital.
7. If a balance in excess of the amount authorized pursuant to subsections 4 and 5 is maintained in an enterprise fund created pursuant to this section at the close of 2 consecutive fiscal years, the local government shall reduce the building permit fees it charges by an amount that is sufficient to ensure that the balance in the enterprise fund at the close of the fiscal year next following those 2 consecutive fiscal years does not exceed the amount authorized pursuant to subsections 4 and 5.”.
Amend sec. 45, page 25, line 16, by deleting: “section and in” and inserting “section,”.
Amend sec. 45, page 25, line 17, by deleting “354.750,” and inserting: “354.750 and section 1 of Assembly Bill No. 96 of this [act,] session,”.
Amend sec. 45, page 25, line 41, after “(g)” by inserting: “Nonnegotiable certificates of deposit issued by insured commercial banks, insured credit unions or insured savings and loan associations, except certificates that are not within the limits of insurance provided by an instrumentality of the United States, unless those certificates are collateralized in the same manner as is required for uninsured deposits by a county treasurer pursuant to NRS 356.133. For the purposes of this paragraph, any reference in NRS 356.133 to a “county treasurer” or “board of county commissioners” shall be deemed to refer to the appropriate financial officer or governing body of the county, school district or city purchasing the certificates.
(h)”.
Amend sec. 45, page 25, line 45, by deleting “(h)” and inserting “(i)”.
Amend sec. 45, page 26, line 3, by deleting “(i)” and inserting “(j)”.
Amend sec. 45, page 26, line 8, by deleting “(j)” and inserting “(k)”.
Amend sec. 45, page 26, line 21, by deleting “(k)” and inserting “(l)”.
Amend sec. 45, page 26, by deleting lines 25 through 27 and inserting:
“(3) Invest only in:
(I) Securities issued by the Federal Government or agencies of the Federal Government;
(II) Master notes, bank notes or other short-term commercial paper rated by a nationally recognized rating service as “A-1,” “P-1” or its equivalent, or better, issued by a corporation organized and operating in the United States or by a depository institution licensed by the United States or any state and operating in the United States; or
(III) Repurchase agreements that are fully collateralized by the obligations described in sub-subparagraphs (I) and (II).”.
Amend the bill as a whole by adding a new section designated sec. 59.5, following sec. 59, to read as follows:
“Sec. 59.5. A board of trustees of a county school district that issues general obligations on or after the effective date of this act for purchases of necessary furniture and equipment for schools pursuant to paragraph (e) of subsection 1 of NRS 387.335, as amended by section 48 of this act, shall submit to the director of the legislative counsel bureau for transmission to the legislative commission on or before February 1, 2003, a report which itemizes those purchases made through December 31, 2002.”.
Amend sec. 60, page 37, by deleting lines 25 through 30 and inserting:
“Sec. 60. 1. This section, sections 48 and 59.5 of this act become effective upon passage and approval.
2. Sections 1 to 22, inclusive, 24 to 36, inclusive, 38, 40 to 43, inclusive, 46, 47 and 49 to 59, inclusive, of this act become effective on July 1, 2001.
3. Sections 37, 39, 44 and 45 of this act become effective at 12:01 a.m. on July 1, 2001.
4. Section 23 of this act becomes effective at 12:02 a.m. on July 1, 2001.
5. Section 48 of this act expires by limitation on July 1, 2003.”.
Senator O'Connell moved that the Senate concur in the Assembly amendment to Senate Bill No. 553.
Remarks by Senator O'Connell.
Motion carried by a constitutional majority.
Bill ordered enrolled.
Senate Bill No. 568.
The following Assembly amendment was read:
Amendment No. 749.
Amend section 1, pages 1 and 2, by deleting lines 13 through 17 on page 1 and lines 1 through 5 on page 2, and inserting:
“3. Each county shall deposit in the fund an assessment for the employees of the district court of that county, excluding district judges, unless the county enters into a written agreement with the attorney general to:
(a) Hold the State of Nevada harmless and assume liability and costs of defense for the employees of the district court;
(b) Reimburse the State of Nevada for any liability and costs of defense that the State of Nevada incurs for the employees of the district court; or
(c) Include the employees of the district court under the county’s own insurance or other coverage.”.
Amend section 1, page 2, between lines 11 and 12, by inserting:
“5. As used in this section, “assessment” means an amount determined by the risk management division and the attorney general to be equal to the share of a county for:
(a) Applicable insurance premiums;
(b) Other charges for potential liability and tort claims; and
(c) Expenses related to tort claims.”.
Senator O'Connell moved that the Senate concur in the Assembly amendment to Senate Bill No. 568.
Remarks by Senator O'Connell.
Motion carried by a constitutional majority.
Bill ordered enrolled.
Senate Bill No. 202.
The following Assembly amendment was read:
Amendment No. 824.
Amend sec. 3, page 2, line 40, after “Deliver” by inserting “or mail”.
Amend sec. 3, page 2, line 43, by deleting “state” and inserting “employee”.
Senator O'Connell moved that the Senate do not concur in the Assembly amendment to Senate Bill No. 202.
Remarks by Senator O'Connell.
Motion carried.
Bill ordered transmitted to the Assembly.
Senate Bill No. 489.
The following Assembly amendment was read:
Amendment No. 859.
Amend sec. 50, page 24, line 13, by deleting “and”.
Amend sec. 50, page 24, line 14, by deleting “crime.” and inserting: “crime; and
(5) The advisory council for prosecuting attorneys.”.
Amend sec. 53, page 25, line 18, by deleting “either”.
Amend sec. 53, page 25, lines 35 and 40, by deleting “own”.
Amend sec. 53, page 26, line 10, by deleting “own”.
Amend sec. 53, page 26, lines 11 and 12, by deleting: “bureau of alcohol and drug abuse in” and inserting: “health division of”.
Amend sec. 53, page 26, line 21, by deleting: “For the purposes of” and inserting: “As used in”.
Amend sec. 73, page 34, line 40, by deleting “49” and inserting “49, 51”.
Amend sec. 73, page 34, between lines 41 and 42, by inserting:
“3. Section 50 of this act becomes effective at 12:01 a.m. on July 1, 2001.”.
Senator O'Connell moved that the Senate do not concur in the Assembly amendment to Senate Bill No. 489.
Remarks by Senator O'Connell.
Motion carried.
Bill ordered transmitted to the Assembly.
Senate Bill No. 524.
The following Assembly amendment was read:
Amendment No. 1011.
Amend sec. 2, page 1, by deleting line 4 and inserting: “otherwise requires:
1. “Document” means an application, notice, report,”.
Amend sec. 2, page 1, between lines 8 and 9 by inserting:
“2. The term does not include a certificate of ownership, certificate of title or power of attorney which:
(a) Contains a disclosure of the odometer reading of a vehicle;
(b) Is signed by the transferor and transferee of the vehicle; and
(c) Is printed by means of a secure printing process.”.
Senator O'Donnell moved that the Senate do not concur in the Assembly amendment to Senate Bill No. 524.
Remarks by Senator O'Donnell.
Motion carried.
Bill ordered transmitted to the Assembly.
Senate Bill No. 565.
The following Assembly amendments were read:
Amendment No. 863.
Amend section 1, page 1, lines 3 and 6, by deleting “shall” inserting “may”.
Amend sec. 3, page 2, by deleting lines 43 through 45.
Amend sec. 3, page 2, line 46, by deleting “4.” and inserting “3.”.
Amend sec. 12, page 8, line 36, by deleting “10” and inserting “5”.
Amend sec. 14, page 9, line 22, by deleting “10” and inserting “5”.
Amend sec. 19, page 11, line 44, after “may” by inserting: “request that the county clerk”.
Amend sec. 24, page 13, by deleting lines 24 through 26 and inserting: “the petition. If the person [demonstrates good cause therefor] makes such a request, and the number of such requests received by the secretary of state could affect the sufficiency of the petition, the secretary of state shall strike the name of the person from the petition.”.
Amend the bill as a whole by adding a new section designated sec. 25, following sec. 24, to read as follows:
“Sec. 25. 1. This section and sections 1, 2 and 4 to 24, inclusive, of this act become effective on October 1, 2001.
2. Section 3 of this act becomes effective at 12:01 a.m. on October 1, 2001.”.
Amendment No. 1061.
Amend section 1, page 1, line 6, by deleting “may” and inserting “shall”.
Senator O'Connell moved that the Senate do not concur in the Assembly amendments to Senate Bill No. 565.
Remarks by Senator O'Connell.
Motion carried.
Bill ordered transmitted to the Assembly.
Recede From Senate Amendments
Senator O'Donnell moved that the Senate do not recede from its action on Assembly Bill No. 246, that a conference be requested, and that Mr. President pro Tempore appoint a first Conference Committee consisting of three members to meet with a like committee of the Assembly.
Remarks by Senator O'Donnell.
Motion carried.
Bill ordered transmitted to the Assembly.
Appointment of Conference Committees
Mr. President pro Tempore appointed Senators O'Donnell, Carlton and Jacobsen as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Assembly Bill No. 246.
Recede From Senate Amendments
Senator O'Connell moved that the Senate do not recede from its action on Assembly Bill No. 483, that a conference be requested, and that Mr. President pro Tempore appoint a first Conference Committee consisting of three members to meet with a like committee of the Assembly.
Remarks by Senator O'Connell.
Motion carried.
Bill ordered transmitted to the Assembly.
Appointment of Conference Committees
Mr. President pro Tempore appointed Senators Porter, Care and O'Donnell as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Assembly Bill No. 483.
Recede From Senate Amendments
Senator James moved that the Senate do not recede from its action on Assembly Bill No. 500, that a conference be requested, and that Mr. President pro Tempore appoint a first Conference Committee consisting of three members to meet with a like committee of the Assembly.
Remarks by Senator James.
Motion carried.
Bill ordered transmitted to the Assembly.
Appointment of Conference Committees
Mr. President pro Tempore appointed Senators Washington, McGinness and Wiener as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Assembly Bill No. 500.
Mr. President pro Tempore appointed Senators O'Donnell, Porter and Titus as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Senate Bill No. 554.
Signing of Bills and Resolutions
There being no objections, the President pro Tempore and Secretary signed Senate Bills Nos. 219, 527; Assembly Bills Nos. 77, 102, 198, 225, 229, 235, 248, 273, 489, 581, 641, 643; Assembly Concurrent Resolution No. 39.
GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR
On request of Senator Raggio, the privilege of the floor of the Senate Chamber for this day was extended to Director General Victor Tseng and Charles K. Y. Liu and the following Ms. Senior Nevada attendees: Patti Ogren, Suzanne Myers, Gail Imazaki, Charlie Christy, Maggie Lattimore, Peggy Livingston, Karen Cummins, Dorothy Tanaka, Chelsie Christy, Ginny Delasky, Mary Ford Germano, Carolyn Gillis, Doris Jackson and Eulaine Del Monico.
Senator Raggio moved that the Senate adjourn until Friday, June 1, 2001 at 10:30 a.m., and that it do so in honor of Vern and Darlene Burk.
Motion carried.
Senate adjourned at 3:25 p.m.
Approved:Lawrence E. Jacobsen
President pro Tempore of the Senate
Attest: Claire J. Clift
Secretary of the Senate