THE SEVENTY-NINTH DAY

                               

 

 

Carson City (Tuesday), April 24, 2001

    Assembly called to order at 10:46 a.m.

    Mr. Speaker presiding.

    Roll called.

    All present except Assemblywoman Ohrenschall, who was excused.

    Prayer by the Chaplain, Reverend Luther Dupree.

    Father God, in the name of Jesus Christ of Nazareth we pray. We pray now, God, that you would look on us as we come together in this Assembly for the 71st Assembly Legislative Session. We ask that You would bless, guide, and lead us in the precious name of Jesus. For Your Word says trust in the Lord with all thine heart and lean not unto thine own understanding. In all of our ways acknowledge You, and You shall direct our path. You instruct us further to be not wise in our own conceit or in our own eyes, but fear the Lord and depart from evil for it shall be health to our navel and marrow to our bones. We ask You to bless everyone who is represented here, the children that have come from schools around the area. We pray that You would bless and give us legislative laws that will better our children and the school classes where they sit, where now they are dodging guns and weapons of war in the classroom setting. Give us laws to legislate better situations for them, that they might grow up in the knowledge and wisdom of God. For You said, “Blessed is the man that walketh not in the counsel of the godly, nor standeth in the way of sinners, nor sit in the seat of the scornful. But our delight is in Your law, and in Your law do we meditate day and night.” You further state, “Let every soul be subject unto the higher powers. For there is no power but of God: the powers that be are ordained of God. Whosoever therefore resisteth the power, resisteth the ordinance of God.” But as Amos said, “We pray God that You would let judgment, or rightousness, or justice run down like water, and righteousness as a mighty stream.” Lord, these blessings we ask in thy precious name. Thank God.

Amen.

    Pledge of allegiance to the Flag.

    Assemblywoman Buckley moved that further reading of the Journal be dispensed with, and the Speaker and Chief Clerk be authorized to make the necessary corrections and additions.

    Motion carried.

REPORTS OF COMMITTEES

Mr. Speaker:

    Your Committee on Commerce and Labor, to which were referred Assembly Bills Nos. 207, 375, 491, 552, 622, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

    Your Committee on Commerce and Labor, to which was referred Senate Bill No. 271, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

    Joseph E. Dini, Jr., Chairman


Mr. Speaker:

    Your Committee on Education, to which was referred Assembly Bill No. 130, 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 Education, to which was referred Assembly Bill No. 253, 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 Education, to which was referred Assembly Bill No. 271, 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 Education, to which was referred Assembly Bill No. 364, 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 Education, to which was referred Assembly Bill No. 405, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Wendell P. Williams, Chairman

Mr. Speaker:

    Your Committee on Government Affairs, to which were referred Assembly Bills Nos. 19, 179, 458, 462, 537, 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 Government Affairs, to which was referred Assembly Bill No. 402, 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 Government Affairs, to which was referred Assembly Bill No. 571, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Douglas A. Bache, Chairman

Mr. Speaker:

    Your Committee on Health and Human Services, to which was referred Assembly Bill No. 195, 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 Health and Human Services, to which was referred Assembly Bill No. 488, 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 Health and Human Services, to which was referred Assembly Joint Resolution No. 13, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

    Also, your Committee on Health and Human Services, to which was referred Senate Concurrent Resolution No. 7, has had the same under consideration, and begs leave to report the same back with the recommendation: Be adopted.

    Also, your Committee on Health and Human Services, to which was referred Senate Concurrent Resolution No. 17, has had the same under consideration, and begs leave to report the same back with the recommendation: Be adopted.

Ellen M. Koivisto, Chairman

Mr. Speaker:

    Your Committee on Judiciary, to which were referred Assembly Bills Nos. 248, 254, 296, 331, 466, 578, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

    Also, your Committee on Judiciary, to which was referred Assembly Bill No. 429, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Bernie Anderson, Chairman

Mr. Speaker:

    Your Committee on Natural Resources, Agriculture, and Mining, to which was referred Assembly Bill No. 198, 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 Natural Resources, Agriculture, and Mining, to which was referred Assembly Bill No. 391, 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 Natural Resources, Agriculture, and Mining, 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.

    Also, your Committee on Natural Resources, Agriculture, and Mining, to which was referred Assembly Bill No. 468, 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 Natural Resources, Agriculture, and Mining, to which was referred Assembly Bill No. 630, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Marcia de Braga, Chairman

Mr. Speaker:

    Your Concurrent Committee on Natural Resources, Agriculture, and Mining, to which was referred Assembly Bill No. 403, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, but without recommendation.

Marcia de Braga, Chairman

Mr. Speaker:

    Your Committee on Taxation, to which was referred Assembly Bill No. 455, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

David E. Goldwater, Chairman

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblyman Anderson moved that Assembly Bill No. 328 be taken from the General File and placed on the Chief Clerk's desk.

    Remarks by Assemblyman Anderson.

    Motion carried.

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

    Motion carried.

    Assemblywoman Buckley moved that the reading of the history of Assembly Bills on the General File be dispensed with for this legislative day.

    Motion carried.

Assemblywoman Buckley moved that Assembly Bills Nos. 19, 130, 179, 195, 198, 248, 253, 254, 271, 296, 331, 364, 391, 402, 403, 405, 419, 429, 455, 458, 462, 466, 468, 488, 537, 571, 578, 630 and Assembly Joint Resolution No. 13 placed on the Second Reading File.

    Motion carried.

    Assemblyman Bache moved that Assembly Bill No. 314 be taken from the General File and placed on the Chief Clerk's desk.


    Remarks by Assemblyman Bache.

    Motion carried.

    Assemblyman Bache moved that Assembly Bill No. 407 be taken from the General File and placed on the Chief Clerk's desk.

    Remarks by Assemblyman Bache.

    Motion carried.

MESSAGES FROM THE Senate

Senate Chamber, Carson City, April 23, 2001

To the Honorable the Assembly:

    I have the honor to inform your honorable body that the Senate on this day passed Assembly Bills Nos. 41, 223.

    Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bills Nos. 2, 28.

                                                                                    Mary Jo Mongelli

                                                                             Assistant Secretary of the Senate

MOTIONS, RESOLUTIONS AND NOTICES

Notice of Waiver

A Waiver requested by: Select Committee on Energy.

For: Assembly Bill No. 661.

To Waive:

    Subsection 1 of Joint Standing Rule No. 14.3 (out of final committee of house of origin by 71st day).

    Subsection 2 of Joint Standing Rule No. 14.3 (out of house of origin by 82nd day)

With the following Conditions:

    May only be passed out of final committee of house of origin on or before  May 07, 2001.

    May only be passed out of house of origin on or before  April 23, 2001.

Has been granted effective: April 20, 2001.

William J. Raggio                                          Richard D. Perkins

Senate Majority Leader                              Speaker of the Assembly

INTRODUCTION, FIRST READING AND REFERENCE

    Senate Bill No. 2.

    Assemblywoman Buckley moved that the bill be referred to the Committee on Commerce and Labor.

    Motion carried.

    Senate Bill No. 28.

    Assemblywoman Buckley moved that the bill be referred to the Committee on Commerce and Labor.

    Motion carried.

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblyman Anderson moved that Senate Bill No. 31 be taken from the General File and placed on the Chief Clerk's desk.

    Remarks by Assemblyman Anderson.

    Motion carried.


SECOND READING AND AMENDMENT

    Assembly Bill No. 19.

    Bill read second time.

    The following amendment was proposed by the Committee on Government Affairs:

    Amendment No. 397.

    Amend sec. 6, page 8, lines 16 and 17, by deleting:

in the budget and expenditure programs of the department;” and inserting:

relating to the state distributive school account in the state general fund;”.

    Amend the bill as a whole by renumbering sections 8 through 11 as sections 11 through 14 and adding new sections designated sections 8 through 10, following sec. 7, to read as follows:

    “Sec. 8. NRS 353.150 is hereby amended to read as follows:

    353.150  NRS 353.150 to 353.246, inclusive, and sections 2 to 7, inclusive, of this act, may be cited as the State Budget Act.

    Sec. 9. NRS 353.160 is hereby amended to read as follows:

    353.160  The budget division of the department of administration shall administer the provisions of NRS 353.150 to 353.246, inclusive, except sections 2 to 7, inclusive, of this act and NRS 353.226 to 353.229, inclusive, subject to administrative supervision by the director of the department of administration.

    Sec. 10. NRS 353.246 is hereby amended to read as follows:

    353.246  1.  Except as otherwise provided in subsection 2 of this section and subsection 6 of NRS 353.210, and sections 2 to 7, inclusive, of this act, the provisions of NRS 353.150 to 353.245, inclusive, do not apply to agencies, bureaus, commissions and officers of the legislative department, the public employees’ retirement system and the judicial department of the state government.

    2.  The legislative department, the public employees’ retirement system and the judicial department of the state government shall submit their budgets to the legislature in the same format as the proposed executive budget unless otherwise provided by the legislative commission. All projections of revenue and any other information concerning future state revenue contained in those budgets must be based upon the projections and estimates prepared by the economic forum pursuant to NRS 353.228.”.

    Amend sec. 11, page 12, line 21, by deleting:

“6 and 9” and inserting:

“6, 8, 9, 10 and 12”.

    Amend sec. 11, page 12, line 25, by deleting:

“8 and 10” and inserting:

“11 and 13”.

    Amend the title of the bill, first line, by deleting:

“in skeleton form”.

    Assemblyman Bache moved the adoption of the amendment.

    Remarks by Assemblyman Bache.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 130.

    Bill read second time.

    The following amendment was proposed by the Committee on Education:

    Amendment No. 493.

    Amend section 1, page 2, by deleting lines 38 through 41 and inserting:

“employment. If  [a] :

    (a) A postprobationary teacher who is an administrator is not reemployed [in that capacity] as an administrator after either year of his probationary period [, he may accept] ; and

    (b) There is a position as a teacher available for the ensuing school year in the school district in which the person is employed,

 

 
the board of trustees of the school district shall, on or before May 1, offer”.

    Assemblyman Williams moved the adoption of the amendment.

    Remarks by Assemblyman Williams.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 179.

    Bill read second time.

    The following amendment was proposed by the Committee on Government Affairs:

    Amendment No. 457.

    Amend sec. 2, page 3, by deleting lines 14 and 15 and inserting:

    “(b) That, on January 1, 2001, was undeveloped land and was bounded on at least 75 percent of its”.

    Amend sec. 2, page 3, by deleting line 21 and inserting:

    “(c) That is undeveloped land and is bounded on at least 75 percent of its aggregate external boundaries by the existing corporate boundaries of the annexing city and for which the governing body has received a written statement”.

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

“in a larger county”.

    Amend the summary of the bill to read as follows:

“SUMMARY—Revises provisions governing annexation of territory by certain incorporated cities. (BDR 21-475)”.

    Assemblyman Bache moved the adoption of the amendment.

    Remarks by Assemblyman Bache.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 195.

    Bill read second time.

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

    Amendment No. 112.

Amend the bill as a whole by deleting sec. 3, renumbering sections 4 through 7 as sections 8 through 11 and adding new sections designated sections 3 through 7, following sec. 2, to read as follows:

    “Sec. 3. NRS 427A.330 is hereby amended to read as follows:

    427A.330  [1. The governor] The legislative commission shall , at its first meeting after a regular session of the legislature, appoint [21] 12 persons to the Nevada silver haired legislative forum[, of whom not more than 11 may be members of the same political party. The governor shall appoint from each senatorial district a number of members equal to the number of state senators that represent the senatorial district.] who have been nominated pursuant to this section. Each member of the legislative commission shall nominate a person who meets the requirements for appointment to the forum set forth in NRS 427A.340. Each member of the forum serves for a term of 2 years or until his successor is appointed.

    [2.  Appointments to the Nevada silver haired legislative forum must be made by the governor before December 1 of an odd-numbered year. The term of a member begins on December 1 of the odd-numbered year of appointment.

    3.  The members of the Nevada silver haired legislative forum from Clark County senatorial districts 2, 3, 4, 7 and 8, Washoe County senatorial districts 1 and 3, the Capital senatorial district and the Western Nevada senatorial district serve an initial term of 1 year. The eight members of the Nevada silver haired legislative forum from the remaining senatorial districts serve an initial term of 2 years. After the initial terms, each member serves a term of 2 years.]

    Sec. 4.  NRS 427A.340 is hereby amended to read as follows:

    427A.340  A member of the Nevada silver haired legislative forum must:

    1.  Have been a resident of this state for 5 years immediately preceding his appointment;

    2.  Have been a registered voter in the [senatorial district that he is to represent] legislative district of the legislator who nominated him for 3 years immediately preceding his appointment; and

    3.  Be at least 60 years of age on the day that he is appointed.

    Sec. 5.  NRS 427A.360 is hereby amended to read as follows:

    427A.360  1.  A position in the Nevada silver haired legislative forum becomes vacant upon:

    (a) The death or resignation of a member.

    (b) The illness of a member that prevents him from attending three consecutive meetings of the Nevada silver haired legislative forum.

    (c) The absence of a member for any reason from three consecutive meetings of the Nevada silver haired legislative forum.

    2.  If a vacancy occurs, the [governor] legislative commission shall appoint a person to serve the remainder of the unexpired term. The [governor] legislative commission may appoint a person whose membership in the national silver haired congress has ended to fill a vacancy in the Nevada silver haired legislative forum.

    Sec. 6. NRS 427A.370 is hereby amended to read as follows:

    427A.370  1.  The Nevada silver haired legislative forum shall elect from among its members, to serve a term of 1 year:

    [1.] (a) A president, who shall conduct meetings and oversee the formation of committees as necessary to accomplish the purposes of the Nevada silver haired legislative forum.

    [2.] (b) A vice president, who shall assist the president and conduct meetings of the Nevada silver haired legislative forum if the president is absent or otherwise unable to perform his duties.

    [3.] (c) A secretary, who shall:

        [(a)] (1) Prepare and keep a record of meetings, including, without limitation, the date, time, place and purpose of every meeting; and

        [(b)] (2) At the first meeting every year of the Nevada silver haired legislative forum, prepare a list of the dates of the meetings that are scheduled for the year.

    [4.] (d) A treasurer, who shall [prepare and keep a list of the expenses of the Nevada silver haired legislative forum to be sent to the division for payment.] , with the assistance of the director of the legislative counsel bureau, administer any account established pursuant to section 1 of this act.

    2.  The director of the legislative counsel bureau shall provide such persons as are necessary to assist the Nevada silver haired legislative forum in carrying out its duties.

    Sec. 7. NRS 427A.380 is hereby amended to read as follows:

    427A.380  The Nevada silver haired legislative forum may [:

    1.  Meet 1 day each month during the regular session of the legislature in the legislative building in Carson City.

    2.  Meet and hold public hearings at least 1 day during each of the months of June, July and August during each even-numbered year.

    3.] , within the limits of legislative appropriations and any gifts, grants or donations received by the forum:

    1.  During the period in which the legislature is not in a regular session, hold three public hearings in three different areas of this state and may hold an additional public hearing in any area of this state to prepare the report authorized by NRS 427A.390.

    2.  Complywith chapter 241 of NRS.”.

    Amend sec. 4, page 2, by deleting lines 16 and 17 and inserting:

    “1.  Submit a report containing [topics for possible] recommendations for legislative action to the legislative commission and the governor before [September] July 1 of each even-numbered year.”.

    Amend the bill as a whole by renumbering sec. 8 as sec. 13 and adding a new section designated sec. 12, following sec. 7, to read as follows:

    “Sec. 12. The term of each member of the Nevada silver haired legislative forum who is incumbent on June 1, 2001, expires on July 1, 2001.”.

    Amend sec. 8, page 2, line 43, by deleting:

“on July 1, 2001.” and inserting:

“upon passage and approval.”.

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

“requiring the legislative commission to appoint the members of the Nevada silver haired legislative forum; revising the membership of the forum;”.

    Amend the summary of the bill to read as follows:

“SUMMARY—Revises provisions relating to Nevada silver haired legislative forum. (BDR 38‑534)”.

    Assemblywoman Koivisto moved the adoption of the amendment.

    Remarks by Assemblywoman Koivisto.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 198.

    Bill read second time.

    The following amendment was proposed by the Committee on Natural Resources, Agriculture, and Mining:

    Amendment No. 362.

    Amend section 1, page 2, by deleting lines 1 through 9 and inserting:

    “(b) The state department of conservation and natural resources to carry out the provisions of this chapter.

    (c) The state department of agriculture to carry out the provisions of NRS 590.010 to 590.150, inclusive.

    (d) Local governmental agencies in nonattainment or maintenance areas for an air pollutant for which air quality criteria have been issued pursuant to 42 U.S.C. § 7408, for programs related to the improvement of the quality of the air.

    (e) The Tahoe Regional Planning Agency to carry out the”.

    Amend section 1, page 2, line 21, by deleting “has” and inserting “have”.

    Assemblyman de Braga moved the adoption of the amendment.

    Remarks by Assemblyman de Braga.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 248.

    Bill read second time.

    The following amendment was proposed by the Committee on Judiciary:

    Amendment No. 346.

    Amend section 1, page 2, by deleting line 6 and inserting:

may include the provision of a summary of certain information. If a summary is provided pursuant to this section, the provider of family foster care may also obtain the information set forth in subsections 1 and 2.”.

    Amend sec. 2, page 2, line 13, after “efforts” by inserting:

pursuant to NRS 432B.393”.

    Amend sec. 2, page 2, by deleting lines 20 and 21 and inserting:

    “(b) The plan for the child requires the agency to make reasonable efforts pursuant to NRS 432B.393 to reunify the family of the child, and the agency has not provided to the family,”.

    Amend sec. 4, page 3, by deleting line 23 and inserting:

    “(c) The child is [dead,] living in a household in which another child has died, or the child is”.

    Amend sec. 6, page 8, between lines 5 and 6, by inserting:

    “4.  Except as otherwise provided in subsection 6, for the purposes of this section, unless the context otherwise requires, “reasonable efforts” have been made if an agency which provides protective services to children with legal custody of a child has exercised diligence and care in arranging appropriate and available services for the child, with the health and safety of the child as its paramount concerns. The exercise of such diligence and care includes, without limitation, obtaining necessary and appropriate information concerning the child for the purposes of NRS 127.152, 127.410 and 424.038.

    5.  In determining whether reasonable efforts have been made pursuant to subsection 4, the court shall:

    (a) Evaluate the evidence and make findings based on whether a reasonable person would conclude that reasonable efforts were made;

    (b) Consider any input from the child;

    (c) Consider only the efforts made and the evidence presented since the previous finding of the court concerning reasonable efforts;

    (d) Consider only the diligence and care that the agency is legally authorized and able to exercise;

    (e) Recognize and take into consideration the legal obligations of the agency to comply with any applicable laws and regulations;

    (f) Base its determination on the circumstances and facts concerning the particular family or plan for the permanent placement of the child at issue; and

    (g) Consider whether the provisions of subsection 6 are applicable.

    6.  An agency which provides protective services may satisfy the requirement of making reasonable efforts pursuant to this section by taking no action concerning a child or making no effort to provide services to a child if it is reasonable, under the circumstances, to do so.”.

    Amend sec. 15, page 13, by deleting line 12 and inserting:

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.”.

    Assemblyman Anderson moved the adoption of the amendment.

    Remarks by Assemblyman Anderson.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 253.

    Bill read second time.

    The following amendment was proposed by the Committee on Education:

    Amendment No. 528.

    Amend the bill as a whole by adding a new section designated sec. 24.5, following sec. 24, to read as follows:

    “Sec. 24.5.  1.  A person, other than an athlete’s agent or student athlete, who causes a student athlete or an institution to violate a rule of the national collegiate athletic association to which the institution is a member, or aids in any such violation, is liable to the institution for damages as provided in subsection 2 if:

    (a) The person knew or reasonably should have known that a rule was violated or would be violated; or

    (b) The violation of the rule is a contributing cause of:

        (1) Disciplinary action, including loss of eligibility, taken by the institution against a student athlete; or

        (2) Disciplinary action taken by the national collegiate athletic association against the institution or a student athlete.

    2.  Damages that may be awarded against a person who causes a violation of a rule of a national collegiate athletic association, or aids in any such violation, include lost revenues to the institution from:

    (a) Lost contracts for televising athletic events;

    (b) A decline in ticket sales;

    (c) Being prohibited from participating in postseason athletic events and tournaments; and

    (d) Other discernible opportunities through which the institution would have realized revenue if the rule had not been violated.

    3.  If an institution prevails in an action brought pursuant to this section, it is entitled to an award of reasonable attorney’s fees and costs.”.

    Assemblyman Williams moved the adoption of the amendment.

    Remarks by Assemblyman Williams.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 254.

    Bill read second time.

    The following amendment was proposed by the Committee on Judiciary:

    Amendment No. 299.

    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. 3 and adding a new section designated sec. 3, following sec. 2, to read as follows:

    “Sec. 3.  1.  A minister or other person authorized to solemnize marriages pursuant to NRS 122.064 may renew a certificate of permission to perform marriages by filing a completed renewal form with the county clerk of the county where the original affidavit of authority to solemnize marriages was filed.

    2.  The county clerk shall develop by regulation the form for renewal and make the form available. The form for renewal must include the social security number of the minister or other person authorized to solemnize marriages.

    3.  If a minister or other person authorized to solemnize marriages does not file a renewal form at least 30 days before the last day that his certificate of permission is valid, the authority of the minister or other person authorized to solemnize marriages to perform marriages will expire when the certificate is no longer valid.”.

Amend the bill as a whole by deleting sec. 4 and renumbering sections 5 and 6 as sections 4 and 5.

    Amend sec. 5, page 3, by deleting line 2 and inserting:

    “122.020  1.  A male”.

    Amend the bill as a whole by deleting sec. 7 and renumbering sec. 8 as sec. 6.

    Amend the bill as a whole by deleting sec. 9 and renumbering sections 10 and 11 as sections 7 and 8.

    Amend sec. 11, page 7, after “section.]” by inserting:

A certificate of permission is valid for 5 years from the date of issuance or until the county clerk revokes the certificate or has received a written statement pursuant to NRS 122.068 that the authority of the person to solemnize marriages has been revoked by his church, denomination or religious society.

    3.”.

    Amend the bill as a whole by renumbering sections 12 through 18 as sections 10 through 16 and adding a new section designated sec. 9, following sec. 11, to read as follows:

    “Sec. 9. NRS 122.065 is hereby amended to read as follows:

    122.065  1.  An applicant for the issuance or renewal of a certificate of permission shall submit to the county clerk 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 county clerk shall include the statement required pursuant to subsection 1 in:

    (a) The application , renewal form or any other forms that must be submitted for the issuance or renewal of the certificate of permission; or

    (b) A separate form prescribed by the county clerk.

    3.  A certificate of permission may not be issued or renewed by the county clerk if the applicant:

    (a) Fails to submit the statement required pursuant to subsection 1; or

    (b) Indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

    4.  If an applicant indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the county clerk shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.”.

    Amend sec. 12, page 8, by deleting lines 15 and 16 and inserting:

    “2.  [A certificate of permission shall be valid until the county clerk has received:”.

    Amend sec. 12, page 8, by deleting lines 30 and 31 and inserting “4.]”.

    Amend sec. 12, page 8, line 32, by deleting “3.”.

    Amend sec. 12, page 8, line 41, by deleting “15” and inserting “[15] 30”.

    Amend sec. 13, page 9, line 8, after “2.” by inserting:

A church, denomination or religious society that authorized a person to solemnize marriages which revokes that authority shall submit a written statement to notify the county clerk of the county where the original affidavit of authority to solemnize marriages was filed not later than 30 days after the authority is revoked.

    3.”.

    Amend sec. 13, page 9, line 9, by deleting “revoked,” and inserting:

“revoked [,] pursuant to this section or has expired,”.

    Amend sec. 13, page 9, by deleting lines 13 and 14 and inserting:

“and shall notify each county clerk and county recorder in the state [of such fact.] that the certificate of permission has been revoked or has expired.”.

    Amend sec. 14, page 9, line 19, by deleting “revoked,” and inserting:

“revoked [,] by the county clerk pursuant to subsection 1 of NRS 122.068,”.

    Amend sec. 15, page 9, line 26, after “issuance” by inserting “, renewal”.

    Amend sec. 15, page 9, line 29, after “obtain” by inserting “or renew”.

    Amend the bill as a whole by deleting sections 19 and 20, renumbering sec. 21 as sec. 17 and adding new sections designated sections 18 through 20, following sec. 21, to read as follows:

    “Sec. 18. Section 3 of this act is hereby amended to read as follows:

    Sec. 3.  1.  A minister or other person authorized to solemnize marriages pursuant to NRS 122.064 may renew a certificate of permission to perform marriages by filing a completed renewal form with the county clerk of the county where the original affidavit of authority to solemnize marriages was filed.

    2.  The county clerk shall develop by regulation the form for renewal and make the form available. [The form for renewal must include the social security number of the minister or other person authorized to solemnize marriages.]

    3.  If a minister or other person authorized to solemnize marriages does not file a renewal form at least 30 days before the last day that his certificate of permission is valid, the authority of the minister or other person authorized to solemnize marriages to perform marriages will expire when the certificate is no longer valid.

    Sec. 19. Notwithstanding the provisions of this act, the certificate of permission to perform marriages of a minister or other person authorized to solemnize marriages which is 5 years or older on October 1, 2001, or which will expire within 1 year after January 1, 2002, expires 90 days after written notice has been mailed by the county clerk to the address of the certificate holder contained in the files of the county clerk unless, within that time, the certificate holder renews his certificate in the manner provided in section 3 of this act.

    Sec. 20. 1.  This section and sections 1 to 17, inclusive, and 19 of this act become effective on October 1, 2001.

    2.  Section 9 of this act expires by limitation on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

    (a) Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

    (b) Are in arrears in the payment for the support of one or more children,

 

 
are repealed by the Congress of the United States.

    3.  Section 18 of this act becomes effective on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

    (a) Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

    (b) Are in arrears in the payment for the support of one or more children,

 

 
are repealed by the Congress of the United States.”.

    Amend the title of the bill to read as follows:

AN ACT relating to marriage; authorizing a county clerk to issue a marriage license for the renewal of marriage vows; authorizing the collection of fees for those licenses; revising provisions governing the requirements for a person to obtain a certificate of permission to perform marriages; providing for the expiration and renewal of such a certificate; and providing other matters properly relating thereto.”.

    Assemblyman Anderson moved the adoption of the amendment.

    Remarks by Assemblyman Anderson.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 271.

    Bill read second time.

    The following amendment was proposed by the Committee on Education:

    Amendment No. 353.

    Amend the bill as a whole by renumbering sections 2 through 4 as sections 3 through 5 and adding a new section designated sec. 2, following section 1, to read as follows:

    “Sec. 2. NRS 483.725 is hereby amended to read as follows:

    483.725  1.  Each course of training provided by a school for training drivers licensed pursuant to NRS 483.700 to 483.780, inclusive, must include, without limitation, instruction in:

    [1.] (a) Motor vehicle insurance.

    [2.] (b) The effect of drugs and alcohol on an operator of a motor vehicle.

    2.  If a course of training provided by a school for training drivers licensed pursuant to NRS 483.700 to 483.780, inclusive, consists in whole or in part of classroom instruction, that part of the course which consists of classroom instruction may be taught interactively through the use of communications technology so that persons taking the course need not be physically present in a classroom.

    3.  The department shall adopt regulations to carry out the provisions of subsection 2. The regulations must include, without limitation:

    (a) Provisions for the licensing and operation of interactive courses that use communications technology;

    (b) Provisions to ensure that interactive courses which use communications technology are secure, reliable and include measures for testing and security that are at least as secure as the measures for testing and security which would be available in an ordinary classroom; and

    (c) Standards to ensure that interactive courses which use communications technology offer a curriculum that is at least as stringent as the curriculum which would be available in an ordinary classroom.

    4.  As used in this section, “communications technology” means any method or component, or both, that is used by a school for training drivers licensed pursuant to NRS 483.700 to 483.780, inclusive, to carry out or facilitate the transmission of information, including, without limitation, the transmission and reception of information by:

    (a) Systems based on the following technologies:

        (1) Video;

        (2) Wire;

        (3) Cable;

        (4) Radio;

        (5) Microwave;

        (6) Light; or

        (7) Optics; and

    (b) Computer data networks, including, without limitation, the Internet or its successor, if any, and intranet services.”.

    Amend sec. 4, page 3, line 8, by deleting:

“2 and 3” and inserting:

“2, 3 and 4”.

    Amend the title of the bill, second line, after “schools;” by inserting:

“authorizing licensed schools for training drivers to use certain interactive technologies in lieu of actual classroom instruction;”.

    Assemblyman Williams moved the adoption of the amendment.

    Remarks by Assemblyman Williams.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 296.

    Bill read second time.

    The following amendment was proposed by the Committee on Judiciary:

    Amendment No. 511.

    Amend the bill as a whole by deleting sections 1 through 3 and adding new sections designated sections 1 through 13, following the enacting clause, to read as follows:

    “Section 1. Chapter 463 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

    Sec. 2. 1.  “Interactive gaming” means the conduct of gambling games through the use of communications technology that allows a person outside or within an establishment, utilizing money, checks, electronic checks, electronic transfers of money, credit cards, debit cards or any other instrumentality, to transmit to a computer within the establishment information to assist in the placing of a bet or wager and corresponding information related to the display of the game, game outcomes or other similar information.

    2.  As used in this section, “communications technology” means any method used and the components employed by an establishment to facilitate the transmission of information, including, without limitation, transmission and reception by systems based on wire, cable, radio, microwave, light, optics or computer data networks, including, without limitation, the Internet and intranets.

    Sec. 3. 1.  Except as otherwise provided in subsections 2 and 3, the commission may, with the advice and assistance of the board, adopt regulations governing the licensing and operation of interactive gaming.

    2.  The commission may not adopt regulations governing the licensing and operation of interactive gaming until the commission first determines that:

    (a) Interactive gaming can be operated in compliance with all applicable laws;

    (b) Interactive gaming systems are secure and reliable, and provide reasonable assurance that players will be of lawful age and communicating only from jurisdictions where it is lawful to make such communications; and

    (c) Adoption of such regulations is consistent with the public policy of the state to foster the stability and success of gaming.

    3.  The regulations adopted by the commission pursuant to this section must:

    (a) Establish the investigation fees for:

        (1) A license to operate interactive gaming; and

        (2) A license for a manufacturer of interactive gaming components.

    (b) Provide that:

        (1) A person must hold a license for a manufacturer of interactive gaming components to supply or provide any component part of an interactive gaming system, including, without limitation, any piece of proprietary software or hardware; and

        (2) A manufacturer of interactive gaming components must be specifically licensed as a manufacturer of a gaming device for interactive gaming, manufacturer of equipment associated with a gaming device for interactive gaming or manufacturer of peripheral equipment related to a gaming device for interactive gaming.

    (c) Set forth standards for the suitability of a person to be licensed as a manufacturer of interactive gaming components that are as stringent as the standards for a nonrestricted license.

    (d) Provide that gross revenue received by an establishment from the operation of interactive gaming is subject to the same license fee provisions of NRS 463.370 as the games and gaming devices of the establishment.

    (e) Define “interactive gaming system,” “manufacturer of a gaming device for interactive gaming,” “manufacturer of equipment associated with a gaming device for interactive gaming,” “manufacturer of interactive gaming components,” “manufacturer of peripheral equipment related to a gaming device for interactive gaming” and “operate interactive gaming” as the terms are used in chapter 463 of NRS.

    4.  The commission shall not approve a license for an establishment to operate interactive gaming unless:

    (a) In a county whose population is 400,000 or more, the establishment is a resort hotel.

    (b) In a county whose population is more than 100,000 but less than 400,000, the establishment is a resort hotel or the establishment:

        (1) Holds a nonrestricted license for the operation of games and gaming devices;

        (2) Has more than 120 rooms available for sleeping accommodations in the same county;

        (3) Has at least one bar with permanent seating capacity for more than 30 patrons that serves alcoholic beverages sold by the drink for consumption on the premises;

        (4) Has at least one restaurant with permanent seating capacity for more than 60 patrons that is open to the public 24 hours each day and 7 days each week; and

        (5) Has a gaming area that is at least 18,000 square feet in area with at least 1,600 slot machines, 40 table games, and a sports book and race pool.

    (c) In all other counties, the establishment is a resort hotel or the establishment:

        (1) Has held a nonrestricted license for the operation of games and gaming devices for at least 10 years before the date of its application for a license to operate interactive gaming;

        (2) Meets the definition of group 1 licensee as set forth in the regulations of the board on the date of its application for a license to operate interactive gaming; and

        (3) Operates either:

            (I) More than 100 rooms for sleeping accommodations in connection therewith; or

            (II) More than 150 gaming devices in connection therewith.

    5.  It is unlawful for any person, either as owner, lessee or employee, whether for hire or not, either solely or in conjunction with others, to operate interactive gaming:

    (a) Until the commission adopts regulations pursuant to this section; and

    (b) Unless the person first procures, and thereafter maintains in effect, all appropriate licenses as required by the regulations adopted by the commission pursuant to this section.

    6.  A person who violates subsection 5 is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years or by a fine of not more than $50,000, or both.

    Sec. 4. A debt incurred by a patron for play at an interactive gaming system of an establishment licensed to operate interactive gaming is valid and may be enforced by legal process.

    Sec. 5. NRS 463.013 is hereby amended to read as follows:

    463.013  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 463.0133 to 463.0197, inclusive, and section 2 of this act, have the meanings ascribed to them in those sections.

    Sec. 6. NRS 463.0172 is hereby amended to read as follows:

    463.0172  “Manufacturer” means a person who:

    1.  Manufactures, assembles, programs or makes modifications to a gaming device , [or] cashless wagering system[;] or interactive gaming system; or

    2.  Designs, assumes responsibility for the design of, controls the design or assembly of, or maintains a copyright over the design of , a mechanism, electronic circuit or computer program which cannot be reasonably demonstrated to have any application other than in a gaming device , [or in a] cashless wagering system[,] or interactive gaming system for use or play in this state or for distribution outside of this state.

    Sec. 7. NRS 463.3557 is hereby amended to read as follows:

    463.3557  1.  [An] Except as otherwise provided in subsection 2, an electronic transfer of money from a financial institution directly to a game or gaming device may not be made with a credit card.

    2.  The provisions of subsection 1 do not apply to an interactive gaming system.

    Sec. 8. NRS 463.361 is hereby amended to read as follows:

    463.361  1.  Except as otherwise provided in section 4 of this act and NRS 463.361 to 463.366, inclusive, gaming debts that are not evidenced by a credit instrument are void and unenforceable and do not give rise to any administrative or civil cause of action.

    2.  A claim by a patron of a licensee for payment of a gaming debt that is not evidenced by a credit instrument may be resolved in accordance with NRS 463.362 to 463.366, inclusive:

    (a) By the board; or

    (b) If the claim is for less than $500, by a hearing examiner designated by the board.

    Sec. 9. NRS 463.482 is hereby amended to read as follows:

    463.482  As used in NRS 463.160 to 463.170, inclusive, and section 3 of this act, 463.368, 463.386 and 463.482 to 463.645, inclusive, unless the context otherwise requires, the words and terms defined in NRS 463.4825 to 463.488, inclusive, have the meanings ascribed to them in those sections.

    Sec. 10. NRS 463.650 is hereby amended to read as follows:

    463.650  1.  Except as otherwise provided in subsections 2 to 5, inclusive, it is unlawful for any person, either as owner, lessee or employee, whether for hire or not, to operate, carry on, conduct or maintain any form of manufacture, selling or distribution of any gaming device , [or] cashless wagering system or interactive gaming system for use or play in Nevada or for distribution outside of Nevada without first procuring and maintaining all required federal, state, county and municipal licenses.

    2.  A lessor who specifically acquires equipment for a capital lease is not required to be licensed under this section or NRS 463.660.

    3.  The holder of a state gaming license or the holding company of a corporation, partnership, limited partnership, limited-liability company or other business organization holding a license may, within 2 years after cessation of business or upon specific approval by the board, dispose of by sale in a manner approved by the board, any or all of its gaming devices, including slot machines, and cashless wagering systems, without a distributor’s license. In cases of bankruptcy of a state gaming licensee or foreclosure of a lien by a bank or other person holding a security interest for which gaming devices are security in whole or in part for the lien, the board may authorize the disposition of the gaming devices without requiring a distributor’s license.

    4.  The commission may, by regulation, authorize a person who owns gaming devices for home use in accordance with NRS 463.160 to sell such devices without procuring a license therefor.

    5.  Upon approval by the board, a gaming device owned by:

    (a) A law enforcement agency;

    (b) A court of law; or

    (c) A gaming device repair school licensed by the commission on postsecondary education,

 

 

FLUSH

 

FLUSH

 

FLUSH

 

FLUSH

 
may be disposed of by sale, in a manner approved by the board, without a distributor’s license. An application for approval must be submitted to the board in the manner prescribed by the chairman.

    6.  [Any] Except as is otherwise required for the licensure of a manufacturer of interactive gaming components, any person whom the commission determines is a suitable person to receive a license under the provisions of this section and NRS 463.660 may be issued a manufacturer’s or distributor’s license. The burden of proving his qualification to receive or hold a license under this section and NRS 463.660 is at all times on the applicant or licensee.

    7.  Every person who must be licensed pursuant to this section is subject to the provisions of NRS 463.482 to 463.645, inclusive, unless exempted from those provisions by the commission.

    8.  The commission may exempt, for any purpose, a manufacturer, seller or distributor from the provisions of NRS 463.482 to 463.645, inclusive, if the commission determines that the exemption is consistent with the purposes of this chapter.

    9.  As used in this section, “holding company” has the meaning ascribed to it in NRS 463.485.

    Sec. 11. NRS 463.670 is hereby amended to read as follows:

    463.670  1.  The legislature finds and declares as facts:

    (a) That the inspection of gaming devices, associated equipment , [and] cashless wagering systems and interactive gaming systems is essential to carry out the provisions of this chapter; and

    (b) That inspection of gaming devices, associated equipment , [and] cashless wagering systems and interactive gaming systems is greatly facilitated by the opportunity to inspect components before assembly and to examine the methods of manufacture.

    2.  The board may inspect every gaming device which is manufactured, sold or distributed:

    (a) For use in this state, before the gaming device is put into play.

    (b) In this state for use outside this state, before the gaming device is shipped out of this state.

    3.  The board may inspect every gaming device which is offered for play within this state by a licensee.

    4.  The board may inspect all associated equipment , [and] every cashless wagering system and every interactive gaming system which is manufactured, sold or distributed for use in this state before the equipment or system is installed or used by a licensee and at any time while the licensee is using the equipment or system.

    5.  In addition to all other fees and charges imposed by this chapter, the board may determine, charge and collect an inspection fee from each manufacturer, seller or distributor which must not exceed the actual cost of inspection and investigation.

    Sec. 12.  The amendatory provisions of this act do not apply to offenses committed before the effective date of this act.

    Sec. 13.  This act becomes effective upon passage and approval.”.

    Amend the title of the bill to read as follows:

“AN ACT relating to gaming; authorizing the Nevada gaming commission to adopt regulations governing the licensing and operation of interactive gaming if the commission first makes certain determinations; providing that a license to operate interactive gaming may be issued only to resort hotels or certain other establishments holding nonrestricted licenses; providing that gross revenue received from interactive gaming is subject to taxation in the same manner as gross revenue received from other games; prohibiting a person from operating interactive gaming until the commission adopts regulations and unless the person procures and maintains all licenses required pursuant to the regulations; providing for the enforceability of gaming debts incurred pursuant to an interactive gaming system; providing for the licensure and regulation of manufacturers of interactive gaming components; revising the definition of “manufacturer” for the purposes of the Nevada Gaming Control Act; providing a penalty; and providing other matters properly relating thereto.”.

    Assemblyman Anderson moved the adoption of the amendment.

    Remarks by Assemblyman Anderson.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 331.

    Bill read second time.

    The following amendment was proposed by the Committee on Judiciary:

    Amendment No. 503.

    Amend section 1, page 1, by deleting lines 14 and 15 and inserting:

“NRS 179.245 or 179.255 that constitute information relating to sexual offenses, and”.

    Amend section 1, page 2, between lines 6 and 7, by inserting:

    “4.  As used in this section:

(a) “Information relating to sexual offenses” means information contained in or concerning a record of criminal history, or the records of criminal history of the United States or another state, relating in any way to a sexual offense.

    (b) “Sexual offense” has the meaning ascribed to it in NRS 179A.073.”.

    Amend sec. 2, page 2, by deleting line 19 and inserting:

“to [sexual offenses and other]”.

    Amend sec. 2, page 2, by deleting lines 40 and 41 and inserting:

        “(1) [Sexual offenses and other records] Records of criminal history; and”.

    Amend sec. 3, page 5, by deleting lines 20 and 21 and inserting:

“and dissemination of information relating to [sexual offenses and other] records of criminal history [.] and information disseminated pursuant to NRS 179A.180 to 179A.240, inclusive.”.

    Amend sec. 4, pages 5 and 6, by deleting lines 46 through 48 on page 5 and lines 1 through 3 on page 6, and inserting:

    “4.  [The central repository shall disseminate to a prospective or current employer, upon request, information relating to sexual offenses concerning an employee, prospective employee, volunteer or prospective volunteer who gives his written consent to the release of the information.

    5.] Records of criminal history must be disseminated by an agency of”.

    Amend sec. 4, page 6, by deleting line 37 and inserting:

    “(m) Prospective or current employers of prospective or current employees or volunteers if the person who is the subject of the”.

    Amend sec. 4, page 7, lines 6 and 7, by deleting “safety.]” and inserting:

safety.

    6.] 5.”.

    Amend sec. 5, page 7, by deleting lines 12 through 14 and inserting:

    “179A.110  No person who receives information relating to [sexual offenses or other] records of criminal history pursuant to this chapter or who receives information pursuant to NRS 179A.180 to 179A.240, inclusive, may disseminate it further without”.

    Amend sec. 6, page 7, by deleting lines 21 and 22 and inserting:

“disseminates information relating to [sexual offenses or other] records of criminal history must”.

    Amend sec. 6, page 7, by deleting line 28 and inserting:

“to [sexual offenses or other]”.

    Amend sec. 7, page 7, by deleting lines 34 through 37 and inserting:

    “179A.140  1.  [An] Except as otherwise provided in this subsection, an agency of criminal justice may charge a reasonable fee for information relating to [sexual offenses or other] records of criminal history [furnished] provided to any person or governmental entity . [except] An agency of criminal justice shall not charge a fee for providing such information to another agency of criminal justice [and] if the information is provided for purposes of the administration of criminal justice, or for providing such information to the state.”

    Amend sec. 7, page 7, line 41, by deleting “furnished” and inserting “[furnished] provided”.

    Amend sec. 8, pages 7 and 8, by deleting line 49 on page 7 and line 1 on page 8, and inserting:

“may be the subject of information relating to [sexual offenses or other] records of criminal history”.

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

“include any information other than [that defined as information relating to sexual offenses or] information contained in a record of criminal history.”.

    Amend sec. 8, page 8, by deleting line 11 and inserting:

[sexual offenses or other] records of criminal”.

    Amend sec. 8, page 8, by deleting line 25 and inserting:

“to [sexual offenses or other]”.

    Amend sec. 8, page 8, by deleting lines 28 and 29 and inserting:

    “(b) The correction of any information relating to [sexual offenses or other record] records of criminal history”.

    Amend sec. 8, page 8, by deleting lines 36 and 37 and inserting:

“insufficient information relating to [sexual offenses or other] records of criminal history must be”.

    Amend sec. 10, page 9, by deleting line 30 and inserting:

    “(a) A sexual offense;”.

    Amend sec. 15, page 14, by deleting lines 5 through 14 and inserting:

    “6.  The following facts must not be considered as evidence of negligence or causation in any civil action brought against a nonprofit agency:

    (a) The fact that the nonprofit agency did not apply for a grant of money from the account.

    (b) The fact that the nonprofit agency did not request that the central repository, through the use of the account, determine whether a volunteer or prospective volunteer of the nonprofit agency has committed [a sexual offense.] an offense listed in subsection 4 of NRS 179A.190.”.

    Assemblyman Anderson moved the adoption of the amendment.

    Remarks by Assemblyman Anderson.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 364.

    Bill read second time.

    The following amendment was proposed by the Committee on Education:

    Amendment No. 527.

    Amend section 1, page 1, line 6, by deleting “August 1” and inserting “April 15”.

    Amend section 1, page 2, line 23, by deleting “were eligible” and inserting: “participated in the program”.

    Amend section 1, page 2, by deleting lines 44 and 45.

    Amend section 1, page 2, line 46, by deleting “(o)” and inserting “(n)”.

    Amend section 1, page 3, line 1, by deleting “(p)” and inserting “(o)”.

    Amend section 1, page 3, line 3, by deleting “(q)” and inserting “(p)”.

    Amend section 1, page 3, by deleting lines 6 through 9.

    Amend section 1, page 3, line 10, by deleting “August 1” and inserting “April 15”.

    Amend section 1, page 3, line 13, by deleting “September 1” and inserting “June 15”.

    Amend sec. 3, page 3, line 31, after “2002.” by inserting: “The first reports must be made on or before April 15 and June 15, 2003, for the 2001-2002 school year.”.

    Assemblyman Williams moved the adoption of the amendment.

    Remarks by Assemblyman Williams.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 391.

    Bill read second time.

    The following amendment was proposed by the Committee on Natural Resources, Agriculture, and Mining:

    Amendment No. 437.

    Amend the bill as a whole by deleting sections 1 through 3 and renumbering sections 4 through 9 as sections 1 through 6.

    Amend sec. 4, page 3, line 41, by deleting:

and sections 2 and 3 of this act,”.

    Amend sec. 5, page 3, lines 46 and 47, by deleting:

and sections 2 and 3 of this act,”.

    Amend sec. 5, page 4, by deleting line 3 and inserting:

of Land Management, except lands:”.

    Amend sec. 8, page 5, by deleting lines 12 and 13 and inserting:

or defend such an action, the district attorney of the county in which the public lands are located may do so to protect the interests of the county or the residents of the county in those public lands.”.

    Amend sec. 9, page 5, by deleting lines 44 and 45 and inserting:

controlled by the Bureau of Land Management, except lands:”.

    Amend the bill as a whole by deleting sec. 10 and renumbering sec. 11 as sec. 7.

    Amend the title of the bill by deleting the first and second lines and inserting:

“AN ACT relating to public lands; authorizing a board of county commissioners to adopt certain ordinances”.

    Amend the summary of the bill to read as follows:

“SUMMARY—Makes various changes to provisions governing public lands. (BDR 26‑1455)”.

    Assemblyman de Braga moved the adoption of the amendment.

    Remarks by Assemblyman de Braga.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 402.

    Bill read second time.

    The following amendment was proposed by the Committee on Government Affairs:

    Amendment No. 464.

    Amend section 1, page 1, by deleting lines 3 through 7 and inserting:

    “1.  The board of county commissioners of a county whose population is less than 20,000 may adopt an ordinance allowing one or more natural persons to designate as a family cemetery an area of land owned by any of those persons for the interment in that area without charge of any member of the family of any of them or any other person.

    2.  Before the first interment in a family cemetery designated in accordance with an ordinance adopted pursuant to subsection 1, a member of the”.

    Amend the bill as a whole by renumbering sections 2 through 5 as sections 3 through 6 and adding a new section designated sec. 2, following section 1, to read as follows:

    “Sec. 2. NRS 451.069 is hereby amended to read as follows:

    451.069  As used in NRS 451.070 to [451.340,] 451.330, inclusive, “cemetery authority” means any natural person, partnership, association, corporation or public entity, including the University and Community College System of Nevada or any cemetery district, owning or leasing the land or other property of a cemetery or operating a cemetery as a business in this state.”.

    Amend sec. 3, page 2, by deleting lines 10 through 15 and inserting:

“time of not less than 1 year [in] after which the [removal of remains may be made by the cemetery authority, or by the owners or holders of interment spaces, or by the relatives or friends of those whose remains are interred in the cemetery, and may also provide that if the remains are not removed within the period fixed, the city will itself] cemetery authority may proceed to remove the remains and”.

    Amend sec. 4, page 2, by deleting lines 25 through 28 and inserting:

“once a week for [2 successive months.] 4 consecutive weeks.

    2.  The notice must specify the period after which the cemetery authority may remove the remains.”.

    Amend the bill as a whole by renumbering sec. 6 as sec. 10 and adding new sections designated sections 7 through 9, following sec. 5, to read as follows:

    “Sec. 7. NRS 451.280 is hereby amended to read as follows:

    451.280  Whenever human remains have been ordered removed under the provisions of NRS 451.069 to [451.340,] 451.330, inclusive, and the cemetery authority has made and published notice of [intention] the determination to remove such remains, the portions of the cemetery in which no interments have been made, and those portions from which all human remains have been removed, may be sold, mortgaged or otherwise encumbered as security for any loan or loans made to the cemetery authority.

    Sec. 8. NRS 451.310 is hereby amended to read as follows:

    451.310  If, [prior to the adoption of an ordinance pursuant to the provisions of NRS 451.069 to 451.340, inclusive,] before receiving notice of any determination made by a governmental authority pursuant to NRS 451.070, any cemetery authority has in good faith entered into any agreement to sell or has granted any option to buy all or any portion of its cemetery lands for a price reasonable at the time the agreement to sell was made, or the option granted, the district court shall confirm the sale at the price stipulated in the agreement to sell or the option to buy.

    Sec. 9. NRS 451.330 is hereby amended to read as follows:

    451.330  After all remains have been removed from a cemetery in accordance with the provisions of NRS 451.069 to [451.340,] 451.330, inclusive, the dedication may be removed from all or any part of such cemetery lands by an order and decree of the district court of the county in which the property is situated, in a proceeding brought for that purpose and upon notice of hearing and proof satisfactory to the court:

    1.  That all bodies have been removed, or that no interments were made; and

    2.  That the property is no longer used or required for interment.”.

    Amend sec. 6, page 2, by deleting line 37 and inserting:

    “Sec. 10. NRS 451.090, 451.100, 451.120, 451.200, 451.210, 451.220, 451.230, 451.240 and 451.250 are hereby repealed.”.

    Amend the bill as a whole by deleting the text of repealed sections and adding the leadlines of repealed sections to read as follows:

“LEADLINES OF REPEALED SECTIONS

    451.090  Authority for declaration of intention by cemetery authority; procedure for declaration by cemetery corporation or association.

    451.100  Declaration of intention by cemetery authority: Contents.

    451.120  Declaration of intention by cemetery authority: Title and contents of notice.

    451.200  Right of relative or friend to remove remains.

    451.210  Delivery of affidavit to cemetery authority; consent of heirs; effect of affidavit and consent.

    451.220  Persons entitled to remove without filing of consent.

    451.230  Heir of grantee of plot entitled to remove without filing of consent; affidavit of heir as evidence of transfer.

    451.240  Removal of improvements by relative or friend; authority to permit removal.

    451.250  Removal of improvements by cemetery authority.”.

    Amend the title of the bill to read as follows:

“AN ACT relating to cemeteries; authorizing the adoption of ordinances in certain counties allowing the designation of family cemeteries; revising the authority and procedure for ordering the disinterment and removal of human remains; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

“SUMMARY—Authorizes adoption of ordinances in certain counties for designation of family cemeteries and authorizes cemetery authorities to order disinterment and removal of human remains. (BDR 40‑1192)”.

    Assemblyman Bache moved the adoption of the amendment.

    Remarks by Assemblyman Bache.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 403.

    Bill read second time.

    The following amendment was proposed by the Committee on Natural Resources, Agriculture, and Mining:

    Amendment No. 439.

    Amend section 1, page 1, by deleting lines 3 and 4 and inserting “Director:”.

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

    “Sec. 2.  The money appropriated by section 1 of this act must be used for the planning and implementation of projects to:

    1.  Restore and stabilize the channel of the Walker River between the Wabuska Gage and Walker Lake;

    2.  Control or eradicate Tamarisk stands along the Walker River near Walker Lake; and

    3.  Expand cloud seeding activities within the Walker River Basin,

 

 
to increase the inflow of water to Walker Lake.”.

    Assemblyman de Braga moved the adoption of the amendment.

    Remarks by Assemblyman de Braga.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to the Concurrent Committee on Ways and Means.

    Assembly Bill No. 405.

    Bill read second time.

    The following amendment was proposed by the Committee on Education:

    Amendment No. 495.

    Amend the bill as a whole by deleting sections 1 through 10 and adding new sections designated sections 1 and 2, following the enacting clause, to read as follows:

    “Section 1.  1.  The Nevada Legislature declares that:

    (a) It is essential to the educational success of the children who are enrolled in Nevada’s public schools that they learn to read with proficiency at an early grade level;

    (b) The acquisition of reading and literacy grants provided through the Reading Excellence Act, 20 U.S.C. §§ 6661 et seq., would greatly enhance the ability of this state to increase the reading proficiency of Nevada’s school children;

    (c) The intended goal of the Nevada Legislature is to increase the reading proficiency of Nevada’s school children at an early grade level and to establish the optimal conditions for the receipt of reading and literacy grants provided through the Reading Excellence Act;

    (d) In furtherance of its intended goal, the Nevada Legislature hereby states that it is in support of:

        (1) The establishment of a plan pursuant to which the Governor and the Department of Education will establish a reading and literacy partnership in accordance with the requirements of 20 U.S.C. § 6661b(d) to ensure that all applications and proposals for reading and literacy grants provided through the Reading Excellence Act are presented in such a manner as to produce an outcome resulting in the maximum financial and educational benefit for this state;

        (2) The availability and delivery of professional development activities for the teachers who are employed in this state that are:

            (I) Related to providing instruction in reading;

            (II) Based upon scientifically based reading research; and

            (III) Founded on a balanced approach to providing instruction in reading that prepares teachers in the major components of reading, including, without limitation, phonemic awareness, systematic phonics, spelling, vocabulary, fluency, reading comprehension and writing;

        (3) The use of technology, as appropriate, to enhance the professional development activities described in subparagraph (2);

        (4) The participation of parents and legal guardians in activities related to reading and literacy in a manner that will enhance the ability of their children to learn;

        (5) The provision of family literacy services that are based upon programs such as the Even Start Family Literacy Program; and

        (6) The development of mechanisms to assess and evaluate, on a regular basis, the progress made by the school districts in this state in enhancing the reading proficiency of Nevada’s school children at an early grade level.

    2.  As used in this section:

    (a) “Reading” has the meaning ascribed to it in 20 U.S.C. § 6661a(4).

    (b) “Scientifically based reading research” has the meaning ascribed to in 20 U.S.C. § 6661a(5).

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

    Amend the title of the bill to read as follows:

“AN ACT relating to education; expressing the sense of the Nevada Legislature regarding available methods to improve the reading proficiency of Nevada’s school children at an early grade level; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

“SUMMARY—Expresses sense of Nevada Legislature regarding reading proficiency of Nevada’s school children. (BDR 34‑652)”.

    Assemblyman Williams moved the adoption of the amendment.

    Remarks by Assemblyman Williams.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 419.

    Bill read second time.

    The following amendment was proposed by the Committee on Natural Resources, Agriculture, and Mining:

    Amendment No. 440.

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

    “Section 1. NRS 574.010 is hereby amended to read as follows:

    574.010  Any three or more citizens of the State of Nevada who incorporate as a body corporate under the general laws for corporations in this state [(] set forth in chapter 78 of NRS [),] for the purpose of preventing cruelty to animals [,] may , except as otherwise provided in NRS 574.040, avail themselves of the privileges and benefits of NRS 574.010 to 574.040, inclusive.

    Sec. 2. NRS 574.040 is hereby amended to read as follows:

    574.040  1.  Except as otherwise provided in this subsection and NRS 574.350, [all members, agents and all local and district officers of each of the societies] a member, agent or local or district officer of a society so incorporating, [as shall] if authorized in writing by the trustees of the [societies be authorized in writing,] society, approved by the district judge of the county, and sworn in the same manner as peace officers are sworn, may make arrests for [the] a violation of the provisions of this chapter in the same manner as is provided for other officers. The provisions of this subsection apply only to a society that, on the date the society submits an application to the district judge for approval for a member, agent or local or district officer of the society to make arrests pursuant to this subsection:

    (a) Has at least 25 members; and

    (b) Has been incorporated in accordance with NRS 574.010 for not less than 5 years immediately preceding the submission of the application.

    2.  [All such members] A member, agent or local or district officer who is authorized to make arrests pursuant to subsection 1 shall, when making [such] those arrests, exhibit and expose a suitable badge, to be adopted by the society.

    3.  [All persons resisting] A person who resists such a specially appointed [officers, as such,] officer shall be punished for that resistance in the same manner as is provided for the punishment of resistance to other officers.”.

    Amend the title of the bill to read as follows:

“AN ACT relating to arrests; revising the provisions governing the authority of members, agents or local or district officers of certain societies for the prevention of cruelty to animals to make arrests; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

“SUMMARY—Revises provisions governing authority of members, agents or local or district officers of certain societies for prevention of cruelty to animals to make arrests. (BDR 50‑1279)”.

    Assemblyman de Braga moved the adoption of the amendment.

    Remarks by Assemblyman de Braga.

    Amendment adopted.

    Bill ordered reprinted, 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. 505.

    Amend section 1, page 1, line 2, by deleting:

“2 and 3” and inserting:

“2, 3 and 4”.

    Amend the bill as a whole by renumbering sections 2 through 6 as sections 3 through 7 and adding a new section designated sec. 2, following section 1, to read as follows:

    “Sec. 2.  1.  A child who is the subject of a proceeding held pursuant to this chapter has standing to appear before the court, master or special master with jurisdiction over the proceeding and to speak concerning a determination or decision which is involved in the proceeding and which may affect the child.

    2.  If a child who is the subject of a proceeding held pursuant to this chapter is represented by an attorney, the attorney is a party to any proceeding held pursuant to this chapter that may affect the child.”.

    Amend sec. 2, page 1, line 5, after “to” by inserting:

432B.465, inclusive, and 432B.500 to”.

    Amend sec. 4, page 3, line 1, by deleting:

2 and 3” and inserting:

3 and 4”.

    Amend sec. 5, page 3, line 16, by deleting “2” and inserting “3”.

    Amend sec. 6, page 3, line 20, by deleting “2” and inserting “3”.

    Amend the bill as a whole by deleting sec. 7.

    Amend sec. 8, page 5, line 36, by deleting “2” and inserting “3”.

    Amend sec. 9, page 6, line 9, by deleting “2” and inserting “3”.

    Amend sec. 9, page 6, by deleting line 11 and inserting:

“semiannually [.] , and within 90 days after a request by a party to any of the prior proceedings. Unless the parent, guardian or the custodian”.

    Amend sec. 10, page 7, line 2, by deleting “the [semiannual]” and inserting:

[the semiannual] a”.

    Amend sec. 11, page 7, line 8, by deleting “2” and inserting “3”.

    Amend sec. 12, page 10, line 3, by deleting “3” and inserting “4”.

    Amend the bill as a whole by renumbering sec. 13 as sec. 16 and adding new sections designated sections 13 through 15, following sec. 12, to read as follows:

    “Sec. 13.  Chapter 128 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  A child who is the subject of a proceeding for terminating parental rights, or any rehearing or appeal thereon, has standing to appear before a court with jurisdiction over the proceeding and to speak concerning a determination or decision which is involved in the proceeding and which may affect the child.

    2.  If a child who is the subject of a proceeding for terminating parental rights, or any rehearing or appeal thereon, is represented by an attorney, the attorney is a party to any proceeding, or any rehearing or appeal thereon, that may affect the child.

    Sec. 14.  NRS 128.090 is hereby amended to read as follows:

    128.090  1.  At the time stated in the notice, or at the earliest time thereafter to which the hearing may be postponed, the court shall proceed to hear the petition.

    2.  The proceedings are civil in nature and , except as otherwise provided in section 13 of this act, are governed by the Nevada Rules of Civil Procedure. The court shall in all cases require the petitioner to establish the facts by clear and convincing evidence and shall give full and careful consideration to all of the evidence presented, with regard to the rights and claims of the parent of the child and to any and all ties of blood or affection, but with a dominant purpose of serving the best interests of the child.

    3.  Information contained in a report filed pursuant to NRS 432.100 to 432.130, inclusive, or chapter 432B of NRS may not be excluded from the proceeding by the invoking of any privilege.

    4.  In the event of postponement, all persons served, who are not present or represented in court at the time of the postponement, must be notified thereof in the manner provided by the Nevada Rules of Civil Procedure.

    5.  [Any] Except as otherwise provided in section 13 of this act, any hearing held pursuant to this section must be held in closed court without admittance of any person other than those necessary to the action or proceeding, unless the court determines that holding such a hearing in open court will not be detrimental to the child.

    Sec. 15.  Chapter 159 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  A minor ward or proposed minor ward who is the subject of a proceeding held pursuant to this chapter has standing to appear before the court or special master with jurisdiction over the proceeding and to speak concerning a determination or decision which is involved in the proceeding and which may affect the minor.

    2.  If a minor ward or proposed minor ward who is the subject of a proceeding held pursuant to this chapter is represented by an attorney, the attorney is a party to any proceeding held pursuant to this chapter that may affect the minor.”.

    Amend the title of the bill to read as follows:

“AN ACT relating to the protection of children; providing that a child has standing to appear in certain proceedings that involve the child and that his attorney is a party to the proceedings; 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 or 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 or the attorney of the parent or guardian is entitled to receive a copy of the recording or transcript of such a proceeding under certain circumstances; reducing the period within which the placement of a child with a person other than his parent must be reviewed under certain circumstances; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

“SUMMARY—Makes various changes concerning protection of children from abuse and neglect, termination of parental rights and guardianships of minors. (BDR 38‑294)”.

    Assemblyman Anderson moved the adoption of the amendment.

    Remarks by Assemblyman Anderson.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 455.

    Bill read second time.

    The following amendment was proposed by the Committee on Taxation:

    Amendment No. 429.

    Amend sec. 12, page 2, by deleting lines 43 through 48 and inserting:

    “4.  Represent, or have its designee represent, the state before the other states that are signatories to the agreement.

    5.  Designate not more than four delegates, who may be members of the commission, to represent the state for the purposes of reviewing or amending the agreement.”.

    Amend sec. 14, page 4, line 7, by deleting “commits;” and inserting “commits fraud;”.

    Amend the bill as a whole by renumbering sec. 19 as sec. 20 and adding a new section designated sec. 19, following sec. 18, to read as follows:

    “Sec. 19.  Chapter 372 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  If the state or a political subdivision of the state enters into a contract with a person who:

    (a) Sells tangible personal property in this state; and

    (b) Has not obtained a permit pursuant to NRS 372.125 because he does not maintain a place of business within this state,

 

 
the contract must include a provision requiring the person to obtain a permit pursuant to NRS 372.125 and to agree to collect and pay the taxes imposed pursuant to this chapter on the sale of tangible personal property in this state. For the purposes of the permit obtained pursuant to NRS 372.125, the person shall be deemed to have a single place of business in this state.

    2.  The department may require a state agency or local government to submit such documentation as is necessary to ensure compliance with this section.”.

    Amend the bill as a whole by renumbering sections 20 through 22 as sections 22 through 24 and adding a new section designated sec. 21, following sec. 19, to read as follows:

    “Sec. 21.  Chapter 374 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  If the state or a political subdivision of the state enters into a contract with a person who:

    (a) Sells tangible personal property in this state; and

    (b) Has not obtained a permit pursuant to NRS 374.130 because he does not maintain a place of business within this state,

 

 
the contract must include a provision requiring the person to obtain a permit pursuant to NRS 374.130 and to agree to collect and pay the taxes imposed pursuant to this chapter on the sale of tangible personal property in any county in this state. For the purposes of the permit obtained pursuant to NRS 374.130, the person shall be deemed to have a place of business in each county in this state, but shall pay the fee for a single permit.

    2.  The department may require a state agency or local government to submit such documentation as is necessary to ensure compliance with this section.”.

    Amend sec. 22, page 6, line 48, by deleting “21,” and inserting “23,”.

    Amend the title of the bill, eighth line, after “law;” by inserting: “requiring out-of-state retailers who contract with the state or a political subdivision to agree to collect sales tax on sales within this state;”.

    Assemblyman Goldwater moved the adoption of the amendment.

    Remarks by Assemblyman Goldwater.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 458.

    Bill read second time.

    The following amendment was proposed by the Committee on Government Affairs:

    Amendment No. 223.

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

    Amend sec. 3, page 1, line 12, after “pits,” by inserting:

trails, jogging and pedestrian paths, tennis courts, areas designated for the use of skateboards”.

    Amend sec. 3, page 1, line 15, by deleting “40” and inserting “50”.

    Amend sec. 3, page 1, line 17, by deleting “centers,” and inserting:

centers that are more than 3,000 square feet in floor area,”.

    Amend sec. 3, page 1, line 18, by deleting:

tennis courts, trails,”.

    Amend the bill as a whole by deleting sec. 5 and renumbering sections 6 through 8 as sections 5 through 7.

    Amend the bill as a whole by deleting sec. 9, renumbering sec. 10 as sec. 9 and adding a new section designated sec. 8, following sec. 8, to read as follows:

    “Sec. 8.  NRS 278B.240 is hereby amended to read as follows:

    278B.240  1.  If an owner is required by a local government, as a condition of the approval of the development, to construct or dedicate, or both, a portion of the off-site facilities for which impact fees other than for a park project are imposed, the off-site facilities must be credited against those impact fees.

    2.  If a school district is required by a local government to construct or dedicate, or both, a portion of the off-site facilities for which impact fees are imposed, the local government shall, upon the request of the school district, reimburse or enter into an agreement to reimburse the school district for the cost of the off-site facilities constructed or dedicated, or both, minus the cost of the off-site facilities immediately adjacent to or providing connection to the school development which would be required by local ordinance in the absence of an ordinance authorizing impact fees.

    3.  If an owner is required by a local government to:

    (a) Pay a residential construction tax pursuant to NRS 278.4983;

    (b) Dedicate land pursuant to NRS 278.4979 or otherwise dedicate or improve land, or both, for use as a park; or

    (c) Construct or dedicate a portion of the off-site facilities for which impact fees for a park project are imposed,

 

 
the owner is entitled to a credit against the impact fee imposed for the park project for the amount of the residential construction tax paid, the fair market value of the land dedicated, the cost of any improvements to the dedicated land or the cost of the off-site facilities dedicated or constructed, as applicable.”.

    Amend the title of the bill, third and fourth lines, by deleting:

“prohibiting a local government from imposing” and inserting:

“providing a credit against”.

    Assemblyman Bache moved the adoption of the amendment.

    Remarks by Assemblyman Bache.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 462.

    Bill read second time.

    The following amendment was proposed by the Committee on Government Affairs:

    Amendment No. 404.

    Amend section 1, page 1, by deleting lines 3 through 6 and inserting:

    ““Nonresidential construction project” means construction other than construction of residential dwelling units or an apartment house or the development of mobile home lots. The term does not include any construction by a governmental agency.”.

    Amend sec. 3, page 1, line 15, by deleting “nonresidential construction” and inserting:

a nonresidential construction project”.

    Amend sec. 4, page 2, line 5, after “construction” by inserting “projects”.

    Amend sec. 4, page 2, line 12, by deleting “neighborhoods” and inserting:

“neighborhoods , regions”.

    Amend sec. 4, page 2, line 19, by deleting “construction,” and inserting “construction projects,”.

    Amend sec. 4, page 2, line 31, after “construction” by inserting “projects”.

    Amend sec. 5, page 2, line 38, after “neighborhood” by inserting “or regional”.

    Amend sec. 5, page 2, line 42, after “construction” by inserting “projects”.

    Amend sec. 5, page 2, line 46, by deleting “[$1,000] $2,000” and inserting “$1,000”.

    Amend sec. 5, page 3, by deleting lines 9 through 12 and inserting:

    “(c) With respect to a nonresidential construction project, 1 percent of the valuation of each building permit issued or $20,000 per project, whichever is less. For the purpose of calculating”.

    Amend sec. 5, page 3, line 16, after “construction” by inserting “projects”.

    Amend sec. 5, page 3, line 18, after “neighborhood” by inserting “and regional”.

    Amend sec. 5, page 3, by deleting lines 19 through 21 and inserting:

“and facilities for such parks which are required by [the residents of those apartment houses, mobile homes and residences.]or for the benefit of persons who live or work in the park districts or service areas within the city or county.”.

    Amend sec. 5, page 3, by deleting line 28 and inserting: “plan, of park districts or service areas which would serve neighborhoods , regions or communities of interest within the city or”.

    Amend sec. 5, page 3, line 31, after “construction” by inserting “project”.

    Amend sec. 5, pages 3 and 4, by deleting lines 34 through 49 on page 3 and lines 1 through 17 on page 4, and inserting:

    “5.  All [residential] construction taxes collected pursuant to the provisions of this section and any ordinance enacted by a city council or board of county commissioners, and all interest accrued on the money, must be placed with the city treasurer or county treasurer in a special fund. The money in the fund that is collected pursuant to paragraphs (a) and (b) of subsection 2 must be accounted for separately from the money in the fund collected pursuant to paragraph (c) of subsection 2.

    6.  Except as otherwise provided in subsection [6,]8, the money in the fund which is collected pursuant to paragraphs (a) and (b) of subsection 2 may only be [used]:

    (a) Used for the acquisition, improvement and expansion of neighborhood parks or the installation of facilities in existing or neighborhood parks in the city or county. [Money in the fund must be expended]

    (b) Expended for the benefit of the neighborhood from which it was collected.

    [6.] 7.  Except as otherwise provided in subsection 9, the money in the fund which is collected pursuant to paragraph (c) of subsection 2 may only be:

    (a) Used for the acquisition, improvement and expansion of regional parks or the installation of facilities in existing regional parks in the city or county.

    (b) Expended for the benefit of the park district or service area from which it was collected.

    8.  If a neighborhood park has not been developed or facilities have not been installed in an existing park in the park district created to serve the neighborhood in which the subdivision or development is located within 3 years after the date on which 75 percent of the residential dwelling units authorized within that subdivision or development first became occupied, all money paid by the subdivider or developer [,] pursuant to paragraph (a) or (b) of subsection 2, together with interest at the rate at which the city or county has invested the money in the fund, must be refunded to the owners of the lots in the subdivision or development at the time of the reversion on a pro rata basis.

    [7.] 9.  If a regional park has not been developed or facilities have not been installed in an existing regional park within 10 years after the date on which 75 percent of the nonresidential construction project first became occupied, all money paid by the developer pursuant to paragraph (c) of subsection 2, together with interest at the rate at which the city or county has invested the money in the fund, must be refunded to the owners of the property at the time of the reversion on a pro rata basis.

    10.  The limitation of time established pursuant to [subsection 6] subsections 8 and 9 is suspended for any period, not to exceed 1 year, during which this state or the Federal Government takes any action to protect the environment or an endangered species which prohibits, stops or delays the development of a park or installation of facilities.

    [8.  For the purposes of]

    11.  As used in this section:

    (a) “Facilities” means turf, trees, irrigation, playground apparatus, playing fields, areas to be used for organized amateur sports, play areas, picnic areas, horseshoe pits and other recreational equipment or appurtenances designed to serve the [natural persons, families and small groups from the neighborhood from which the tax was collected.]persons who use the park in which the facilities are located.

    (b) “Neighborhood park” means a site not exceeding 25 acres, designed to serve the recreational and outdoor needs of the natural persons, families and small groups[.] in the neighborhood from which the tax was collected.

    (c) “Regional park” means a site exceeding 50 acres, designed to serve the outdoor needs of persons who live or work in the region in which it is located.”.

    Amend sec. 6, page 4, line 24, by deleting:

“to 278.4981, inclusive;” and inserting:

[to 278.4981, inclusive;] , 278.498 and 278.4981;”.

    Amend sec. 7, page 4, line 39, by deleting:

“to 278.4981, inclusive,” and inserting:

[to 278.4981, inclusive,] , 278.498 and 278.4981”.

    Amend sec. 7, page 4, line 43, after “construction” by inserting “project”.

    Amend the title of the bill to read as follows:

“AN ACT relating to local governments; authorizing certain local governments to impose a tax on nonresidential construction projects or require the dedication of certain land for regional parks; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

“SUMMARYľAuthorizes certain local governments to impose tax on nonresidential construction projects or require dedication of certain land for regional parks. (BDR 22-72)”.

    Assemblyman Bache moved the adoption of the amendment.


    Remarks by Assemblyman Bache.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 466.

    Bill read second time.

    The following amendment was proposed by the Committee on Judiciary:

    Amendment No. 500.

    Amend sec. 2, page 2, line 11, after “authority.” by inserting:

An applicant for a work permit shall file his application for a work permit with the licensing authority of the city in which he resides if that city requires a work permit. If the city in which he resides does not require such a permit, the applicant shall file his application with the licensing authority of the county in which he resides if that county requires a work permit. If the county in which he resides does not require such a permit, the applicant shall file his application with the board.”.

    Amend sec. 2, page 2, by deleting line 13 and inserting:

for such a permit may be charged only to cover the actual investigative and administrative costs related to processing an application for such a permit and”.

    Amend sec. 2, page 2, line 37, by deleting “and” and inserting “for submission”.

    Amend sec. 2, page 2, line 45, after “Unless” by inserting:

denied or objected to by the board at the time that the permittee filed a notice of a change in his place of employment pursuant to subsection 8 and unless”.

    Amend sec. 2, page 3, line 5, by deleting “permit.” and inserting:

“permit [.] that is valid for 90 days.”.

    Amend sec. 2, page 3, line 8, before “work” by inserting “permanent”.

    Amend sec. 2, page 3, line 16, after “permit” by inserting:

is denied or objected to by the board,”.

    Amend sec. 2, page 3, line 18, after “establishment.” by inserting:

Such a notification shall be deemed an application for a work permit that the board may deny or object to after conducting any investigations the board deems appropriate. The provisions of subsections 9 to 16, inclusive, apply to any such objection of the board.”.

    Amend sec. 2, page 4, by deleting lines 34 and 35 and inserting:

“applicant , [who has been convicted of a crime which is a felony, gross misdemeanor or misdemeanor,] it may specially limit the period for which”.

    Amend sec. 3, page 5, line 40, by deleting:

“October 1, 2001,” and inserting:

“January 1, 2003,”.

    Amend sec. 3, page 5, lines 46 and 47, by deleting “2002.” and inserting “2003.”.

    Amend sec. 3, page 6, line 4, by deleting “2002,” and inserting “2003,”.

    Amend sec. 3, page 6, line 5, by deleting “2002.” and inserting “2003.”.

    Amend sec. 4, page 6, line 10, by deleting “2002,” and inserting “2003,”.

    Amend sec. 4, page 6, line 12, by deleting “2002.” and inserting “2003.”.

    Assemblyman Anderson moved the adoption of the amendment.

    Remarks by Assemblyman Anderson.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 468.

    Bill read second time.

    The following amendment was proposed by the Committee on Natural Resources, Agriculture, and Mining:

    Amendment No. 364.

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

    “533.438  1.  [If an application or applications] Except as otherwise provided in subsection 4, if an appropriation of ground water pursuant to a permit to appropriate ground water [would result] results in”.

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

    Amend section 1, pages 1 and 2, by deleting lines 10 through 17 on page 1 and line 1 on page 2, and inserting:

shall notify the state engineer in writing of its intent to impose the tax. The state engineer shall review the notice of intent to impose the tax to determine:

    (a) Whether the appropriation of ground water pursuant to the permit specified in subsection 1 results in a transfer to and beneficial use of water in a county in this state other than the county of origin or in another state; and

    (b) The amount of water, if any, that is:

        (1) Subject to the proposed tax because of that transfer and beneficial use; or

        (2) Not subject to the proposed tax pursuant to subsection 4.

    3.  Within 30 days after reviewing the notice of intent to impose the tax, the state engineer”.

    Amend section 1, page 2, line 2, after “send” by inserting “a”.

    Amend section 1, page 2, by deleting line 4 and inserting:

ground water pursuant to the permit results in a transfer to and beneficial use of water in a county in this state”.

    Amend section 1, page 2, line 6, by deleting “will be” and inserting “is”.

    Amend section 1, page 2, by deleting lines 10 and 11 and inserting:

appropriated and beneficially used pursuant to a permit to appropriate ground water which is issued for a point of diversion and a place of beneficial use in the county of origin and which, after the water is diverted and beneficially used, is discharged or migrates into a”.

    Assemblyman de Braga moved the adoption of the amendment.


    Remarks by Assemblyman de Braga.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 488.

    Bill read second time.

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

    Amendment No. 385.

    Amend the bill as a whole by renumbering sections 1 through 6 as sections 2 through 7 and adding a new section designated section 1, following the enacting clause, to read as follows:

    “Section 1. Chapter 450B of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  Except as otherwise provided in subsection 2, no permit may be issued pursuant to this chapter authorizing a fire-fighting agency to provide intermediate or advanced medical care to sick or injured persons while transporting those persons to a medical facility.

    2.  Except as otherwise provided in subsection 9 of NRS 450B.200, the county or district board of health in a county whose population is 400,000 or more may issue a permit pursuant to NRS 450B.200 or 450B.210 authorizing a fire-fighting agency to provide intermediate or advanced medical care to sick or injured persons at the scene of an emergency and while transporting those persons to a medical facility.”.

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

, including, without limitation, a vehicle of a fire-fighting agency,”.

    Amend section 1, page 1, line 8, by deleting “transfer.” and inserting:

“transfer[.] ,

 

 
including, without limitation, such a vehicle of a fire-fighting agency.”.

    Amend sec. 2, pages 1 and 2, by deleting lines 12 through 14 on page 1 and lines 1 and 2 on page 2, and inserting:

“permit [authorizing it to provide intermediate or advanced medical care to sick or injured persons at the scene of an emergency. This ] issued pursuant to this chapter. The term does not include a person or governmental entity , other than a governmental entity to whom a permit is issued in accordance with the provisions of section 1 of this act, which provides transportation of [those] sick or injured persons to a medical facility.”.

    Amend sec. 3, page 2, by deleting line 9 and inserting:

“care [at] to sick or injured persons:

    (a) At the scene of an emergency[.] ; or

    (b) At the scene of an emergency and while”.

    Amend sec. 6, page 2, line 36, after “except” by inserting:

as otherwise provided in subsection 5 or”.

    Amend sec. 6, page 2, by deleting lines 47 through 49 and inserting:

[at] to sick or injured persons:

    (a) At the scene of an emergency unless at least one person in the vehicle is licensed to provide the care[.] ; or

    (b) While transporting those persons to a medical facility unless at least two persons in the vehicle are licensed to provide the care.”.

    Amend the bill as a whole by deleting sec. 7.

    Amend sec. 8, page 5, by deleting lines 31 through 36 and inserting:

    “(f) Include the budget of the district in the budget of the county.”.

    Amend sec. 8, page 5, line 37, by deleting “[(g)] (h)” and inserting “(g)”.

    Amend sec. 8, page 5, line 40, after “2.” by inserting:

If the fire department transports sick or injured persons to a medical facility, the board of county commissioners shall adopt:

    (a) An ordinance:

        (1) Requiring the fire department to defray the expenses of furnishing such transportation by imposing and collecting fees; and

        (2) Establishing a schedule of such fees; or

    (b) An ordinance prohibiting the imposition and collection of any fees for such transportation.

    3.”.

    Amend sec. 8, page 5, line 42, by deleting “3.” and inserting “[3.] 4.”.

    Amend the title of the bill to read as follows:

“AN ACT relating to emergency medical services; providing for the issuance in certain counties of permits authorizing fire-fighting agencies to transport sick or injured persons to medical facilities; providing for the adoption of ordinances governing the imposition and collection of certain fees by those fire-fighting agencies; and providing other matters properly relating thereto.”.

    Assemblywoman Koivisto moved the adoption of the amendment.

    Remarks by Assemblywoman Koivisto.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 537.

    Bill read second time.

    The following amendment was proposed by the Committee on Government Affairs:

    Amendment No. 462.

    Amend sec. 2, page 2, by deleting line 4.

    Amend sec. 2, page 2, line 5, by deleting “9.” and inserting “8.”.

    Amend sec. 2, page 2, line 7, by deleting “10.” and inserting “9.”.

    Amend sec. 2, page 2, by deleting lines 9 through 11.

    Amend the bill as a whole by renumbering sections 4 through 7 as sections 5 through 8 and adding a new section designated sec. 4, following sec. 3, to read as follows:

“Sec. 4.  NRS 244.187 is hereby amended to read as follows:

    244.187  A board of county commissioners may, to provide adequate, economical and efficient services to the inhabitants of the county and to promote the general welfare of those inhabitants, displace or limit competition in any of the following areas:

    1.  Ambulance service.

    2.  Taxicabs and other public transportation, unless regulated in that county by an agency of the state.

    3.  Collection and disposal of garbage and other waste.

    4.  Operations at an airport, including , but not limited to , the leasing of motor vehicles and the licensing of concession stands, but excluding police protection and fire protection.

    5.  Water and sewage treatment, unless regulated in that county by an agency of the state.

    6.  Concessions on, over or under property owned or leased by the county.

    7.  Operation of landfills.

    8.  Construction and maintenance of benches and shelters for passengers of public mass transportation.

    9.  Inspection required by any ordinance adopted by the board of county commissioners otherwise authorized by law.”.

    Amend the title of the bill to read as follows:

“AN ACT relating to local governments; revising the provisions relating to the services that may be provided on an exclusive basis by the governing body or by franchise within the county and unincorporated towns; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Revises provisions relating to services that may be provided on exclusive basis by governing body or by franchise within county and unincorporated towns. (BDR 21‑829)”.

    Assemblyman Bache moved the adoption of the amendment.

    Remarks by Assemblyman Bache.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 571.

    Bill read second time.

    The following amendment was proposed by the Committee on Government Affairs:

    Amendment No. 390.

    Amend the bill as a whole by deleting section 1, renumbering sec. 2 as sec. 7 and adding new sections designated sections 1 through 6, following the enacting clause, to read as follows:

    “Section 1. Chapter 244 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

    Sec. 2. “Graffiti” means any unauthorized inscription, word, figure or design that is marked, etched, scratched, drawn or painted on the public or private property, real or personal, of another, which defaces such property.

    Sec. 3.  “Residential property” means a parcel of land, including all structures thereon, that is zoned for single-family residential use.

    Sec. 4. 1.  The board of county commissioners may adopt by ordinance procedures pursuant to which officers, employees or other designees of the county may cover or remove graffiti that is:

    (a) Placed on the exterior of a fence or wall located on the perimeter of residential property; and

    (b) Visible from a public right of way.

    2.  An ordinance adopted pursuant to subsection 1 must provide that:

    (a) Officers, employees or other designees of the county shall not cover or remove the graffiti unless:

        (1) The owner of the residential property consents to the covering or removal of the graffiti; or

        (2) If the board of county commissioners or its designee is unable to contact the owner of the residential property to obtain his consent, the board first provides the owner of the property with written notice that is:

            (I) Sent by certified mail, return receipt requested; and

            (II) Posted on the residential property on which the graffiti will be covered or from which the graffiti will be removed,

 

 
at least 5 days before the officers, employees or other designees of the county cover or remove the graffiti.

    (b) The county shall pay the cost of covering or removing the graffiti.

    Sec. 5. 1.  The board of county commissioners of a county may adopt by ordinance procedures pursuant to which the board or its designee may order an owner of nonresidential property within the county to cover or remove graffiti that is:

    (a) Placed on that nonresidential property; and

    (b) Visible from a public right of way,

 

 
to protect the public health, safety and welfare of the residents of the county and to prevent blight upon the community.

    2.  An ordinance adopted pursuant to subsection 1 must:

    (a) Contain procedures pursuant to which the owner of the property is:

        (1) Sent notice, by certified mail, return receipt requested, of the existence on his property of graffiti and the date by which he must cover or remove the graffiti; and

        (2) Afforded an opportunity for a hearing and an appeal before the board or its designee.

    (b) Provide that the date specified in the notice by which the owner must cover or remove the graffiti is tolled for the period during which the owner requests a hearing and receives a decision.

    (c) Provide the manner in which the county will recover money expended for labor and materials used to cover or remove the graffiti if the owner fails to cover or remove the graffiti.

    3.  The board or its designee may direct the county to cover or remove the graffiti and may recover the amount expended by the county for labor and materials used to cover or remove the graffiti if:

    (a) The owner has not requested a hearing within the time prescribed in the ordinance adopted pursuant to subsection 1 and has failed to cover or remove the graffiti within the period specified in the notice;

    (b) After a hearing in which the owner did not prevail, the owner has not filed an appeal within the time prescribed in the ordinance adopted pursuant to subsection 1 and has failed to cover or remove the graffiti within the period specified in the order; or

    (c) The board has denied the appeal of the owner and the owner has failed to cover or remove the graffiti within the period specified in the order.

    4.  In addition to any other reasonable means of recovering money expended by the county to cover or remove the graffiti, the board may:

    (a) Provide that the cost of covering or removing the graffiti is a lien upon the nonresidential property on which the graffiti was covered or from which the graffiti was removed; or

    (b) Make the cost of covering or removing the graffiti a special assessment against the nonresidential property on which the graffiti was covered or from which the graffiti was removed.

    5.  A lien authorized pursuant to paragraph (a) of subsection 4 must be perfected by:

    (a) Mailing by certified mail a notice of the lien, separately prepared for each lot affected, addressed to the last known owner of the property at his last known address, as determined by the real property assessment roll in the county in which the nonresidential property is located; and

    (b) Filing with the county recorder of the county in which the nonresidential property is located, a statement of the amount due and unpaid and describing the property subject to the lien.

    6.  A special assessment authorized pursuant to paragraph (b) of subsection 4 may be collected at the same time and in the same manner as ordinary county taxes are collected, and is subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary county taxes. All laws applicable to the levy, collection and enforcement of county taxes are applicable to such a special assessment.

    7.  As used in this section, “nonresidential property” means all real property other than residential property. The term does not include real property owned by a governmental entity.

    Sec. 6.  NRS 244.3691 is hereby amended to read as follows:

    244.3691  As used in this section and NRS 244.3693 and 244.3695, [“graffiti” means any unauthorized inscription, word, figure or design that is marked, etched, scratched, drawn or painted on the public or private property, real or personal, of another, which defaces such property.] and sections 2 to 5, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 2 and 3 of this act have the meanings ascribed to them in those sections.”.

    Amend the title of the bill to read as follows:

“AN ACT relating to counties; authorizing a board of county commissioners to provide by ordinance for the covering or removal of certain graffiti on certain types of property; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

“SUMMARYľAuthorizes board of county commissioners to provide by ordinance for covering or removal of certain graffiti on certain types of property. (BDR 20-389)”.

    Assemblyman Bache moved the adoption of the amendment.

    Remarks by Assemblyman Bache.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 578.

    Bill read second time.

    The following amendment was proposed by the Committee on Judiciary:

    Amendment No. 512.

    Amend the bill as a whole by deleting section 1, renumbering sections 2 and 3 as sections 8 and 9 and adding new sections designated sections 1 through 7, following the enacting clause, to read as follows:

    “Section 1. Chapter 463 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.

    Sec. 2. 1.  An application for a license for an establishment to operate interactive gaming:

    (a) Must be accompanied by a nonrefundable application fee of $100,000 when the application is filed with the board.

    (b) May be filed with the board, on a form approved by the board:

        (1) Not later than 90 days after the effective date of this section; or

        (2) Not earlier than 181 days after the commission issues the first license for an establishment to operate interactive gaming pursuant to this chapter.

    2.  The board shall not accept an application for a license for an establishment to operate interactive gaming filed on any date other than a date described in paragraph (b) of subsection 1.

    Sec. 3. 1.  Before issuing a license for an establishment to operate interactive gaming, the commission shall charge and collect from the establishment a license fee of $1,000,000.

    2.  Each license for an establishment to operate interactive gaming must be issued for a 2-year period beginning on January 1 of the first year and ending on December 31 of the second year.

    3.  Notwithstanding the provisions of subsections 1 and 2 to the contrary, a license for an establishment to operate interactive gaming may be issued after January 1 of a calendar year for a period beginning on the date of issuance of the license and ending on the second December 31 following the date of issuance of the license. Before issuing a license pursuant to this subsection, the commission shall charge and collect from the establishment a license fee of $1,000,000 prorated by 1/24 for each full month between January 1 of the calendar year and the date of issuance of the license.

    4.  Before renewing a license issued pursuant to this section, but in no case later than the second December 31 after the license was issued or previously renewed, the commission shall charge and collect a renewal fee of $1,000,000 for the renewal of the license for the immediately following 2-year period.

    Sec. 4. The operation of interactive gaming is exempt from the fees and taxes imposed pursuant to NRS 463.375, 463.380, 463.383 and 463.385.

    Sec. 5. 1.  Before issuing a license for a manufacturer of a gaming device for interactive gaming, manufacturer of equipment associated with a gaming device for interactive gaming or manufacturer of peripheral equipment related to a gaming device for interactive gaming, the commission shall charge and collect a license fee of:

    (a) Two hundred and fifty thousand dollars for a license for a manufacturer of a gaming device for interactive gaming;

    (b) One hundred thousand dollars for a license for a manufacturer of equipment associated with a gaming device for interactive gaming; or

    (c) Fifty thousand dollars for a license for a manufacturer of peripheral equipment related to a gaming device for interactive gaming.

    2.  Each license issued pursuant to this section must be issued for a 1-year period that begins on the date the license is issued.

    3.  Before renewing a license issued pursuant to this section, but in no case later than 1 year after the license was issued or previously renewed, the commission shall charge and collect a renewal fee for the renewal of the license for the immediately following 1-year period. The renewal fee for a license for a:

    (a) Manufacturer of a gaming device for interactive gaming is an amount equal to the greater of:

        (1) Fifty thousand dollars; or

        (2) Fifty thousand dollars multiplied by the number of establishments licensed to operate interactive gaming that, on the date of renewal, have an agreement with the manufacturer of a gaming device for interactive gaming to share the revenue from an interactive gaming system.

    (b) Manufacturer of equipment associated with a gaming device for interactive gaming is $50,000.

    (c) Manufacturer of peripheral equipment related to a gaming device for interactive gaming is $25,000.

    Sec. 6. 1.  In addition to the fees set forth in section 5 of this act, a licensed manufacturer of a gaming device for interactive gaming shall pay a monthly license fee pursuant to this section for each agreement to share the revenue from an interactive gaming system into which the manufacturer of a gaming device for interactive gaming has entered with an establishment licensed to operate interactive gaming.

    2.  Each establishment licensed to operate interactive gaming with which the manufacturer of a gaming device for interactive gaming has an agreement to share the revenue from an interactive gaming system shall transmit the license fee required by subsection 1 on behalf of the manufacturer of a gaming device for interactive gaming based upon the amount of revenue to which the manufacturer of a gaming device for interactive gaming is entitled pursuant to the agreement, as follows:

    (a) Six and one-quarter percent of the revenue from the previous calendar month that does not exceed $500,000;

    (b) Nine and one-half percent of the revenue from the previous calendar month that exceeds $500,000 and does not exceed $1,000,000; and

    (c) Twelve and three-quarters percent of the revenue from the previous calendar month that exceeds $1,000,000.

    3.  For the purposes of subsection 2, the amount of revenue to which the manufacturer of a gaming device for interactive gaming is entitled pursuant to an agreement to share the revenue from an interactive gaming system:

    (a) Includes all revenue of the manufacturer of a gaming device for interactive gaming that is his share of the revenue from the interactive gaming system pursuant to the agreement; and

    (b) Does not include revenue that is the fixed purchase price for the sale of a component of the interactive gaming system.

    4.  Each establishment licensed to operate interactive gaming described in subsection 2 shall:

    (a) Withhold the amount necessary to pay the license fee from the share due the manufacturer of a gaming device for interactive gaming pursuant to the agreement; and

    (b) Transmit the license fee on behalf of the manufacturer of a gaming device for interactive gaming on the same date and in the same manner as the establishment pays license fees pursuant to NRS 463.370.

    5.  Revenue upon which a license fee is paid pursuant to this section is not subject to the provisions of NRS 463.370.

    Sec. 7. NRS 463.0161 is hereby amended to read as follows:

    463.0161  1.  “Gross revenue” means the total of all:

    (a) Cash received as winnings;

    (b) Cash received in payment for credit extended by a licensee to a patron for purposes of gaming; and

    (c) Compensation received for conducting any game in which the licensee is not party to a wager,

 

 
less the total of all cash paid out as losses to patrons, those amounts paid to fund periodic payments and any other items made deductible as losses by NRS 463.3715. For the purposes of this section, cash or the value of noncash prizes awarded to patrons in a contest or tournament are not losses, except that losses in a contest or tournament conducted in conjunction with an inter-casino linked system may be deducted to the extent of the compensation received for the right to participate in that contest or tournament.

    2.  The term does not include:

    (a) Counterfeit facsimiles of money, chips, tokens, wagering instruments or wagering credits;

    (b) Coins of other countries which are received in gaming devices;

    (c) Any portion of the face value of any chip, token or other representative of value won by a licensee from a patron for which the licensee can demonstrate that it or its affiliate has not received cash;

    (d) Cash taken in fraudulent acts perpetrated against a licensee for which the licensee is not reimbursed;

    (e) Cash received as entry fees for contests or tournaments in which patrons compete for prizes, except for a contest or tournament conducted in conjunction with an inter-casino linked system;

    (f) Uncollected baccarat commissions; [or]

    (g) Cash provided by the licensee to a patron and subsequently won by the licensee, for which the licensee can demonstrate that it or its affiliate has not been reimbursed [.] ; or

    (h) Revenue from an interactive gaming system to which a manufacturer of a gaming device for interactive gaming is entitled pursuant to an agreement to share revenue between the manufacturer of a gaming device for interactive gaming and the licensee.

    3.  As used in this section, “baccarat commission” means:

    (a) A fee assessed by a licensee on cash paid out as a loss to a patron at baccarat to modify the odds of the game; or

    (b) A rate or fee charged by a licensee for the right to participate in a baccarat game.”.

    Amend the bill as a whole by renumbering sections 4 through 6 as sections 11 through 13 and adding a new section designated sec. 10, following sec. 3, to read as follows:

    “Sec. 10. NRS 463.400 is hereby amended to read as follows:

    463.400  Any person who willfully fails to report, pay or truthfully account for and pay over the license fees imposed by NRS 463.370, 463.373 to 463.3855, inclusive, and sections 3 to 6, inclusive, of this act, 463.390 and 463.450, or willfully attempts in any manner to evade or defeat any such tax or payment thereof, or any licensee who puts additional games into play without authority of the commission to do so or any licensee who fails to remit any license fee provided for by this chapter when due is in addition to the amount due liable for a penalty of the amount of the license fee evaded or not paid, collected or paid over. The penalty must be assessed and collected in the same manner as are other charges, license fees and penalties under this chapter.”.

    Amend the bill as a whole by deleting sec. 7 and adding new sections designated sections 14 and 15, following sec. 6, to read as follows:

    “Sec. 14. The amendatory provisions of sections 1 through 7, inclusive, and 10 of this act do not apply to offenses committed before the effective date of sections 1 through 7, inclusive, and 10 of this act.

    Sec. 15. 1.  This section and section 14 of this act become effective upon passage and approval.

    2.  Sections 1 through 7, inclusive, and 10 of this act become effective upon passage and approval only if the governor has first signed Assembly Bill No. 296 of this session.

    3.  Sections 8, 9, 11, 12 and 13 of this act become effective on July 1, 2001.”.

    Amend the title of the bill to read as follows:

“AN ACT relating to gaming; providing for certain application fees and license fees relating to interactive gaming; exempting the operation of interactive gaming from certain other fees and taxes; revising the definition of “gross revenue” for the purposes of the Nevada Gaming Control Act; revising the computation of interest payable by the Nevada gaming commission on the overpayment of certain fees and taxes; revising provisions relating to persons who acquire a certain beneficial ownership in a publicly traded corporation registered with the commission; providing a penalty; and providing other matters properly relating thereto.”.

    Assemblyman Anderson moved the adoption of the amendment.

    Remarks by Assemblyman Anderson.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 630.

    Bill read second time.

    The following amendment was proposed by the Committee on Natural Resources, Agriculture, and Mining:

    Amendment No. 469.

    Amend the bill as a whole by deleting sections 1 through 4 and adding new sections, designated sections 1 and 2, following the enacting clause, to read as follows:

    “Section 1. NRS 457.250 is hereby amended to read as follows:

    457.250  1.  The chief administrative officer of each health care facility in this state shall make available to the state health officer or his representative the records of the health care facility for every case of malignant neoplasms which are specified by the state board of health as subject to reporting.

    2.  The health division shall abstract from the records of the health care facility or shall require the health care facility to abstract from their own records such information as is required by the state board of health.

    3.  The board shall by regulation adopt a schedule of fees which must be assessed to the health care facility for each case from which information is abstracted by the health division or by the health care facility pursuant to subsection 2. The fee assessed to a facility which abstracts information from its own records must not exceed one-third of the amount assessed to facilities for which the health division abstracts. To the extent of legislative appropriations available for this purpose, the board shall reduce the fees charged to a health care facility pursuant to this subsection if the required information is submitted in a timely manner.

    4.  Any person who violates this section is guilty of a misdemeanor.

    Sec. 2.  1.  There is hereby appropriated from the state general fund to the Health Division of the Department of Human Resources for the support of the system for the reporting of information on cancer maintained by the state health officer:

For the fiscal year 2001-2002              $100,000

For the fiscal year 2002-2003              $100,000

    2.  The money appropriated pursuant to subsection 1 must be used to subsidize the fees that are assessed to health care facilities that make timely submissions of information from their records regarding cases of cancer which occur in this state.

    3.  Any balance of the sums appropriated 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.”.

    Amend the bill as a whole by renumbering sec. 5 as sec. 3.

    Amend the title of the bill to read as follows:

“AN ACT relating to system for the reporting of information on cancer; directing the state board of health to reduce fees related to the reporting of information by health care facilities under certain circumstances; making an appropriation for support of the system; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

“SUMMARY—Revises provisions regarding system for reporting of information on cancer that is maintained by state health officer. (BDR 40‑1456)”.

    Assemblyman de Braga moved the adoption of the amendment.

    Remarks by Assemblyman de Braga.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Joint Resolution No. 13.

    Resolution read second time and ordered to third reading.

REPORTS OF COMMITTEES

Mr. Speaker:

    Your Committee on Ways and Means, to which was referred Assembly Bill No. 601, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Morse Arberry Jr., Chairman

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblyman Dini moved that Assembly Bill No. 415 be taken from the Chief Clerk's desk and placed on the General File.

    Remarks by Assemblyman Dini.

    Motion carried.

    Assemblyman Lee moved that Assembly Bill No. 442 be taken from the Chief Clerk's desk and placed on the General File.

    Remarks by Assemblyman Lee.

    Motion carried.

    Assemblyman Goldwater moved that Assembly Bill No. 653 be taken from the Chief Clerk's desk and placed on the General File.

    Remarks by Assemblyman Goldwater.

    Motion carried.

    Assemblywoman Buckley moved that Assembly Bills Nos. 207, 375, 491, 552, 601 and 622 be placed on the Second Reading File.

    Motion carried.

SECOND READING AND AMENDMENT

    Assembly Bill No. 207.

    Bill read second time.

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

    Amendment No. 575.

    Amend section 1, page 1, line 2, by deleting “26,” and inserting “18,”.

    Amend sec. 2, page 1, line 3, by deleting “26,” and inserting “18,”.

    Amend sec. 3, page 1, lines 7 and 8, by deleting:

repairs or the fair retail market value of”.

    Amend sec. 3, page 1, by deleting line 9 and inserting:

an undamaged condition.”.

    Amend sec. 4, page 2, lines 2 and 3, by deleting:

is purely cosmetic in nature.” and inserting:

does not affect the ability of the motor vehicle to function.”.

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

trunk or passenger compartment” and inserting:

passenger or trunk compartments”.

    Amend sec. 7, page 2, line 12, by deleting “its title.” and inserting:

any title issued for the vehicle.”.

    Amend sec. 8, page 2, line 14, by deleting:

$3,000 or more,” and inserting:

at least 20 percent of the lesser of the manufacturer’s suggested retail price of the vehicle or the fair market value of the vehicle,”.

    Amend sec. 10, page 2, line 23, by deleting:

a nonrepairable vehicle” and inserting “nonrepairable”.

    Amend sec. 10, page 2, line 24, by deleting:

on its title.” and inserting: “placed on any title issued for the vehicle.”.

    Amend sec. 11, page 2, by deleting lines 26 and 27 and inserting:

vehicle that has been certified as being fit for operation upon a highway by the department or any other jurisdiction that has issued a title for the vehicle.”.

    Amend sec. 12, page 2, by deleting lines 29 through 36 and inserting:

has been declared a total loss vehicle or had “salvage” or a similar word or designation placed on any title issued for the vehicle.”.

    Amend sec. 13, page 2, by deleting lines 37 through 43 and inserting:

    “Sec. 13.  “Title” means a certificate of ownership or any other document issued by any state or country indicating the ownership of a motor vehicle.”.

    Amend the bill as a whole by deleting sections 14 through 22, renumbering sec. 23 as sec. 18 and adding new sections designated sections 14 through 17, following sec. 13, to read as follows:

    “Sec. 14.  “Total loss vehicle” has the meaning ascribed to it in NRS 487.045.

    Sec. 15.  1.  Any person who transfers an interest in a motor vehicle in this state shall, before the transfer, disclose in writing to the transferee any information that the transferor knows or should have known concerning whether the vehicle is a flood vehicle as defined in section 7 of this act, a nonrepairable vehicle as defined in section 10 of this act, a renovated vehicle as defined in section 11 of this act or a salvage vehicle as defined in section 12 of this act, or has sustained major damage as defined in section 8 of this act.

    2.  If the transferor is subject to the provisions of NRS 482.423, 482.4235, 482.424 or 482.4245, the transferor shall:

    (a) Make the disclosure required by subsection 1 before finalizing a contract of sale or a long-term lease;

    (b) Provide a copy of the disclosure to the transferee; and

    (c) Retain the written disclosure in his records for the period specified in NRS 482.3263.

    3.  It is unlawful for a person to knowingly and willfully fail to make a disclosure required by this section with the intent to defraud. A person who violates this subsection shall be punished in accordance with the provisions of NRS 205.380.

    Sec. 16. 1.  At the time application is made for the issuance of the title of a motor vehicle, the applicant shall submit to the department any disclosure made pursuant to section 15 of this act concerning the vehicle. Upon submittal, the disclosure becomes a part of the title history of the vehicle and must be carried forward on all succeeding titles issued for the vehicle.

    2.  The department shall adopt regulations setting forth a method by which the titles of motor vehicles must contain information concerning such disclosures and any other information the department determines to be necessary.

    Sec. 17. 1.  A person who, with the intent to defraud, violates any provision of section 15 or 16 of this act is liable to any person harmed by that violation in an amount equal to the sum of:

    (a) Three times the amount of actual damages sustained by the person harmed or $5,000, whichever is greater; and

    (b) If an action brought by the person harmed 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.

    2.  The remedy set forth in subsection 1 is independent of and supplemental to, and does not limit or preclude the application of, any other legal or equitable remedy.”.

    Amend sec. 23, page 5, line 25, before “If” by inserting “1.”.

    Amend sec. 23, page 5, by deleting lines 33 through 40 and inserting:

    2.  If the vehicle is a nonrepairable vehicle, the insurance company shall, in addition to providing the notice required by subsection 1, notify the department and, if the vehicle is”.

    Amend the bill as a whole by deleting sections 24 through 27 and renumbering sec. 28 as sec. 19.

    Amend sec. 28, page 7, line 6, by deleting “20” and inserting “15”.

    Amend the bill as a whole by deleting sec. 29 and renumbering sections 30 through 37 as sections 20 through 27.

    Amend sec. 31, page 9, by deleting lines 6 and 7 and inserting:

    “(b) A disclosure required by section 15 of this act; or”.

    Amend sec. 33, pages 9 and 10, by deleting lines 48 and 49 on page 9 and line 1 on page 10 and inserting:

    “2.  The insurance company or its authorized agent may sell a vehicle for”.

    Amend sec. 33, page 10, lines 5 and 6, by deleting:

“rebuilt.

    (b) An” and inserting “rebuilt. An”.

    Amend the title of the bill by deleting the second through fourth lines and inserting:

“transfer and titling of vehicles that have sustained certain damages; requiring certain notices and disclosures regarding such vehicles; imposing civil liability and”.

    Amend the summary of the bill to read as follows:

“SUMMARY—Imposes certain restrictions and requirements upon transfer and titling of, and requires certain notices and disclosures regarding, motor vehicles that have sustained certain damages. (BDR 43‑441)”.

    Assemblyman Dini moved the adoption of the amendment.

    Remarks by Assemblyman Dini.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 375.

    Bill read second time.

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

    Amendment No. 525.

    Amend the bill as a whole by deleting sections 1 through 3 and adding new sections designated sections 1 through 4, following the enacting clause, to read as follows:

    “Section 1. Chapter 205 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

    Sec. 2.  1.  A person shall not, with the intent to cheat or defraud a retailer, possess, make, alter, forge or counterfeit any sales receipt or inventory pricing label.

    2.  Unless a greater penalty is imposed by a specific statute and except as otherwise provided in subsection 3, a person who violates any provision of subsection 1 is guilty of a category E felony and shall be punished as provided in NRS 193.130.

    3.  Unless a greater penalty is imposed by a specific statute, a person who violates any provision of subsection 1 and who possesses 15 or more fraudulent sales receipts or inventory pricing labels is guilty of a category D felony and shall be punished as provided in NRS 193.130.

    4.  As used in this section, “inventory pricing label” includes, without limitation, any written or electronic record or label used by a retailer to identify, inventory or price any product or item it offers for sale.

    Sec. 3.  1.  A person shall not, with the intent to commit, aid or abet a theft, possess any theft detection shielding device or theft detection device deactivator.

    2.  A person shall not, with the intent to commit, aid or abet a theft, manufacture, sell or distribute any theft detection shielding device or theft detection device deactivator.

    3.  A person who violates any provision of this section is guilty of a category D felony and shall be punished as provided in NRS 193.130.

    4.  As used in this section:

    (a) “Theft detection device deactivator” includes, without limitation, any tool or device designed to allow, or capable of allowing, the deactivation or removal of a theft detection device from any merchandise.

    (b) “Theft detection shielding device” includes, without limitation, any laminated or coated bag or device intended to shield merchandise from detection by an electronic or magnetic theft detector.

    Sec. 4.  The amendatory provisions of this act do not apply to offenses committed before October 1, 2001.”.

    Amend the summary of the bill to read as follows:

“SUMMARY—Enacts provisions governing possession, use, manufacture and distribution of certain items employed to commit theft. (BDR 15‑1462)”.

    Assemblyman Dini moved the adoption of the amendment.

    Remarks by Assemblyman Dini.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 491.

    Bill read second time.

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

    Amendment No. 520.

    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. Chapter 636 of NRS is hereby amended by adding thereto a new section to read as follows:

    An optometrist may, based upon the individual needs of a particular patient, collaborate with an ophthalmologist for the provision of care to the patient, for a fixed fee, regarding one or more surgical procedures if:

    1.  The collaborating parties prepare and maintain in their respective medical records regarding the patient, written documentation of each procedure and other service performed by each collaborating party which includes the date each procedure and other service is performed;

    2.  The fixed fee is divided between the collaborating parties in proportion to the services personally performed by each of them; and

    3.  The collaborating parties provide to the patient and maintain in their respective medical records regarding the patient, a written document, signed by each of the collaborating parties and the patient, containing:

    (a) The name, business address and telephone number of each of the collaborating parties;

    (b) The amount of the fixed fee for the procedures and services;

    (c) The proportion of that fee to be received by each collaborating party;

    (d) A statement, signed by the patient and a witness who is not one of the collaborating parties, that the patient voluntarily, knowingly and willingly desires the performance of the postoperative care by the collaborating optometrist;

    (e) A statement that the patient is entitled to return to the collaborating ophthalmologist for postoperative care at any time after the surgery; and

    (f) A statement which:

        (1) Indicates that the practice of optometry and ophthalmology are respectively regulated by the Nevada state board of optometry and the board of medical examiners; and

        (2) Contains the address and telephone number of each of those boards.”.

    Amend sec. 2, page 2, by deleting lines 5 through 9 and inserting:

“person who is not an optometrist or a health maintenance organization[.] , unless in accordance with section 1 of this act.”.

    Amend the bill as a whole by deleting sections 3 through 7.

    Amend the title of the bill to read as follows:

“AN ACT relating to professions; authorizing an optometrist to collaborate with an ophthalmologist under certain conditions; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

“SUMMARY—Authorizes optometrist to collaborate with ophthalmologist under certain conditions. (BDR 54‑1280)”.

    Assemblyman Dini moved the adoption of the amendment.

    Remarks by Assemblyman Dini.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 552.

    Bill read second time.

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

    Amendment No. 441.

    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. Chapter 489 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  A person who engages in the business of renting or leasing temporary commercial coaches is not required to obtain a license to engage in that business pursuant to this chapter.

    2.  The provisions of this chapter, except the provisions of subsections 2 and 4 of NRS 489.241, subsection 1 of NRS 489.251, NRS 489.287, 489.288, 489.451 and subsections 1 to 5, inclusive, of NRS 489.481, do not apply to a temporary commercial coach.

    3.  As used in this section, “temporary commercial coach” means a commercial coach that is:

    (a) Not permanently affixed to land or a foundation, footing or existing structure, regardless of whether utility services are provided;

    (b) Not sold, rented or leased to a person for use at a location for more than 18 months during any 2-year period;

    (c) Not used as a dwelling; and

    (d) Used in connection with a business activity.”.

    Amend the title of the bill, fourth line, after “building;” by inserting:

“providing that a person who engages in the business of renting or leasing temporary commercial coaches is not required to obtain a license pursuant to certain provisions; exempting a temporary commercial coach from certain provisions governing commercial coaches;”.

    Assemblyman Dini moved the adoption of the amendment.


    Remarks by Assemblyman Dini.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 601.

    Bill read second time.

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

    Amendment No. 571.

    Amend section 1, page 1, by deleting line 6 and inserting:

the purchase must be approved by the legislature by concurrent resolution or statute or as part of the budget of the state agency, or by the interim finance committee when the legislature is not in regular session.”.

    Assemblyman Arberry moved the adoption of the amendment.

    Remarks by Assemblymen Arberry and Collins.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 622.

    Bill read second time.

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

    Amendment No. 524.

    Amend sec. 2, page 1, between lines 15 and 16 by inserting:

    “4.  To obtain a license pursuant to this section, an applicant need not hold a certificate of registration as a certified court reporter.”.

    Amend sec. 12, page 4, line 25, by deleting “$250” and inserting “$100”.

    Amend sec. 12, page 4, lines 28 and 39, by deleting “$300” and inserting “$150”.

    Amend sec. 12, page 4, line 45, by deleting “$150” and inserting “$75”.

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

    “4.  To obtain a license pursuant to this section, an applicant need not hold a certificate of registration as a certified court reporter.”.

    Assemblyman Dini moved the adoption of the amendment.

    Remarks by Assemblyman Dini.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

MOTIONS, RESOLUTIONS AND NOTICES

Notice Of Exemption

April 24, 2001

The Fiscal Analysis Division, pursuant to Joint Standing Rule 14.6, has determined the exemption of:  Assembly Bills Nos. 434, 460 and 469.

                                                                                    Mark Stevens

                                                                                   Fiscal Analysis Division

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

    Assembly in recess at 12:10 p.m.

ASSEMBLY IN SESSION

    At 12:29 p.m.

    Mr. Speaker presiding.

    Quorum present.

general file and third reading

    Assembly Bill No. 37.

    Bill read third time.

    Remarks by Assemblywoman Von Tobel.

    Potential conflict of interest declared by Assemblywoman Von Tobel.

    Roll call on Assembly Bill No. 37:

    Yeas—39.

    Nays—None.

    Excused—Berman, Freeman, Ohrenschall—3.

    Assembly Bill No. 37 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 182.

    Bill read third time.

    Remarks by Assemblywoman Giunchigliani.

    Roll call on Assembly Bill No. 182:

    Yeas—39.

    Nays—None.

    Excused—Berman, Freeman, Ohrenschall—3.

    Assembly Bill No. 182 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 259.

    Bill read third time.

    Remarks by Assemblywoman McClain.

    Roll call on Assembly Bill No. 259:

    Yeas—39.

    Nays—None.

    Excused—Berman, Freeman, Ohrenschall—3.

    Assembly Bill No. 259 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 294.

    Bill read third time.

    Remarks by Assemblyman Bache.

    Roll call on Assembly Bill No. 294:

    Yeas—39.

    Nays—None.

    Excused—Berman, Freeman, Ohrenschall—3.

    Assembly Bill No. 294 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

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

    Assembly in recess at 12:48 p.m.

ASSEMBLY IN SESSION

    At 12:49 p.m.

    Mr. Speaker pro Tempore presiding.

    Quorum present.

    Assembly Bill No. 353.

    Bill read third time.

    Remarks by Assemblymen Leslie, Brower, Giunchigliani, Perkins, Price, Humke, Nolan, Buckley, Goldwater, Collins, Carpenter and Gibbons.

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

    Assembly in recess at 12:56 p.m.

ASSEMBLY IN SESSION

    At 12:57 p.m.

    Mr. Speaker presiding.

    Quorum present.

    Remarks by Assemblyman Williams.

    Roll call on Assembly Bill No. 353:

    Yeas—28.

    Nays—Angle, Beers, Brower, Brown, Cegavske, Gibbons, Gustavson, Hettrick, Marvel, Nolan, Von Tobel—11.

    Excused—Berman, Freeman, Ohrenschall—3.

    Assembly Bill No. 353 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

REMARKS FROM THE FLOOR

    Assemblyman Humke requested that his remarks be entered in the Journal.

    Thank you, Mr. Speaker. A colleague pointed out to me that I apparently inadvertently voted for AB 353 after having spoken against the bill. It was my intent to vote “no.” I do not wish to trouble the members or the staff by moving to reconsider the vote. Thank you.

    Assembly Bill No. 386.

    Bill read third time.

    Remarks by Assemblywoman Smith.

    Roll call on Assembly Bill No. 386:

    Yeas—39.

    Nays—None.

    Excused—Berman, Freeman, Ohrenschall—3.

    Assembly Bill No. 386 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 482.

    Bill read third time.

    Remarks by Assemblywoman Chowning.

    Roll call on Assembly Bill No. 482:

    Yeas—38.

    Nays—Arberry.

    Excused—Berman, Freeman, Ohrenschall—3.

    Assembly Bill No. 482 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 484.

    Bill read third time.

    Remarks by Assemblymen Chowning and Price.

    Potential conflict of interest declared by Assemblyman Price.

    Roll call on Assembly Bill No. 484:

    Yeas—39.

    Nays—None.

    Excused—Berman, Freeman, Ohrenschall—3.

    Assembly Bill No. 484 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 489.

    Bill read third time.

    Remarks by Assemblyman Gustavson.

    Roll call on Assembly Bill No. 489:

    Yeas—39.

    Nays—None.

    Excused—Berman, Freeman, Ohrenschall—3.

    Assembly Bill No. 489 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 560.

    Bill read third time.

    Remarks by Assemblymen Parnell and Collins.

    Potential conflict of interest declared by Assemblyman Collins.

    Roll call on Assembly Bill No. 560:

    Yeas—39.

    Nays—None.

    Excused—Berman, Freeman, Ohrenschall—3.

    Assembly Bill No. 560 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 576.

    Bill read third time.

    Remarks by Assemblyman Manendo.

    Roll call on Assembly Bill No. 576:

    Yeas—39.

    Nays—None.

    Excused—Berman, Freeman, Ohrenschall—3.

    Assembly Bill No. 576 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 627.

    Bill read third time.

    Remarks by Assemblymen Dini, Gustavson and Lee.

    Potential conflict of interest declared by Assemblyman Gustavson.

    Conflict of interest declared by Assemblyman Lee.

    Roll call on Assembly Bill No. 627:

    Yeas—38.

    Nays—None.

    Not Voting—Lee.

    Excused—Berman, Freeman, Ohrenschall—3.

    Assembly Bill No. 627 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 415.

    Bill read third time.

    The following amendment was proposed by Assemblyman Dini:

    Amendment No. 595.

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

    “Sec. 7.  Chapter 679B of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  If a health care plan that provides coverage for prescription drugs or devices issues a single identification card or other device to an insured that contains information solely needed to process a claim for a prescription drug or device, the card or other device must conform to the requirements of the National Council for Prescription Drug Programs set forth in the NCPDP Pharmacy ID Card Implementation Guide that are consistent with applicable regulations adopted pursuant to the Health Insurance Portability and Accountability Act of 1996, Public Law 104‑191, as they may be amended from time to time, or must contain at least the following elements:

    (a) The name or logo of the administrator issuing the card or device.

    (b) The insured’s identification number, which must be displayed on the front side of the card or device.

    (c) The name and address of the administrator to which prescription claims that are not processed electronically or correspondence should be sent.

    (d) The telephone number that providers may call for assistance concerning pharmacy benefits.

    (e) Complete information concerning routing of electronic transactions, including, without limitation, the international identification number and, if required by the administrator to process the claim, the processing control number and group number.

    (f) Any other information required for proper administration of the claim.

 

 
The information on the card or device must be arranged in a manner that corresponds both in content and form to the content and form required by the plan to process the claim.

    2.  An identification card or other device issued to an insured pursuant to this section must be revised and reissued to the insured if the information contained on the card or device is rendered inaccurate by any change in:

    (a) The coverage provided under the health care plan;

    (b) The applicable requirements of the NCPDP Pharmacy ID Card Implementation Guide; or

    (c) Any of the elements required to be included on the card or device pursuant to this section.

 

 
A new card or device must be issued upon enrollment and updated as required to comply with the provisions of this section. A card or device may be updated for not more than 1 year by issuing a sticker or other technology approved by the commissioner in lieu of replacing the card or device.

    3.  An identification card or other device that is issued or reissued to an insured pursuant to this section must:

    (a) Contain information regarding coverage; and

    (b) Conform to the requirements approved by the commissioner,

 

 
in effect at the time the card or device is issued or reissued.

    4.  The commissioner shall adopt such regulations as are necessary to carry out the provisions of this section.

    5.  As used in this section:

    (a) “Administrator” has the meaning ascribed to it in NRS 683A.025, and includes a pharmacy benefits manager.

    (b) “Health care plan” means a policy, contract, certificate or agreement offered by an insurer, health maintenance organization or prepaid limited health service organization to provide for, deliver payment for, arrange for the payment of, pay for or reimburse any of the costs of health care services. The term does not include:

        (1) Coverage that is only for accident or disability income insurance, or any combination thereof.

        (2) Credit insurance.

        (3) Coverage that is only for a specified disease or illness.

        (4) Dental or vision benefits that are provided under a separate policy, certificate or contract of insurance or are otherwise not an integral part of a health care plan.

        (5) Coverage issued as a supplement to liability insurance.

        (6) Coverage for medical payments under a policy of automobile or homeowners’ insurance.

        (7) Coverage for benefits that are payable without regard to fault and that are statutorily required to be included in a policy of liability insurance or equivalent self-insurance.

        (8) Hospital income or indemnity insurance.

    Sec. 8.  The provisions of section 7 of this act do not apply to the division of health care financing and policy of the department of human resources or a person providing prescription drug benefits in a health care program provided by contract with the division until the division becomes capable of producing a card or other device that meets the requirements of that section. The director of the department of human resources shall issue an order requiring compliance with section 7 of this act when the division produces such a card or device.

    Sec. 9.  1.  This section becomes effective upon passage and approval.

    2.  Sections 1 to 6, inclusive, of this act, become effective on October 1, 2001.

    3.  Section 7 of this act becomes effective upon passage and approval for the purpose of adopting regulations and on January 1, 2003, for all other purposes.

    4.  Section 8 of this act becomes effective on January 1, 2003.”.

    Amend the title of the bill, seventh line, after “board;” by inserting:

“providing for the issuance of uniform identification cards and devices to process claims for prescription drugs or devices;”.

    Assemblyman Dini moved the adoption of the amendment.

    Remarks by Assemblyman Dini.

    Amendment adopted.

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

    Assembly Bill No. 442.

    Bill read third time.

    The following amendment was proposed by Assemblyman Lee:

    Amendment No. 584.

    Amend section 1, page 1, line 14, by deleting “[10]” and inserting:

at least 10 but”.

    Amend section 1, pages 1 and 2, by deleting lines 16 and 17 on page 1 and lines 1 through 3 on page 2 and inserting:

pursuant to the conditions prescribed in NRS 176.087.”.

    Assemblyman Lee moved the adoption of the amendment.

    Remarks by Assemblyman Lee.

    Amendment adopted.

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

    Assembly Bill No. 653.

    Bill read third time.

    Remarks by Assemblymen Goldwater, Buckley, Beers, Arberry, McClain, Oceguera and Williams.

    Mr. Speaker requested the privilege of the chair for the purpose of making remarks.

    Potential conflict of interest declared by Assemblymen Arberry, Beers, Buckley, McClain, Oceguera, Perkins and Williams.

    Roll call on Assembly Bill No. 653:

    Yeas—28.

    Nays—Angle, Arberry, Bache, Beers, Cegavske, Claborn, Collins, Giunchigliani, Gustavson, Marvel, Williams—11.

    Excused—Berman, Freeman, Ohrenschall—3.

    Assembly Bill No. 653 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

UNFINISHED BUSINESS

Signing of Bills and Resolutions

    There being no objections, the Speaker and Chief Clerk signed Assembly Bill No. 587; Assembly Concurrent Resolutions Nos. 25, 26.

GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR

    On request of Assemblyman Anderson, the privilege of the floor of the Assembly Chamber for this day was extended to Debbie Schweyer, Virginia Vernon, Josh Gill, Anthony Hansen, Stephen Jaramillo, Zachary Martens, Dominick McKinney, Edwin Mendez, Chris Moore, Lisa Porter, Deanna Reed, Jennifer Reed, Beatrice Romero, Derek Schweisthal and Lara Ivashin.

    Assemblywoman Buckley moved that the Assembly adjourn until Wednesday, April 25, 2001 at 10:30 a.m., and that it do so in memory of former Assemblywoman Jan Evans.

    Motion carried.

    Assembly adjourned at 1:34 p.m.

Approved:                                                                Richard D. Perkins

                                                                                  Speaker of the Assembly

Attest:    Jacqueline Sneddon

                    Chief Clerk of the Assembly