SENATE DAILY JOURNAL
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THE ONE HUNDRED AND SIXTY-THIRD DAY
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Carson City (Tuesday), July 1, 1997
Senate called to order at 11:40 a.m.
President Hammargren presiding.
Roll called.
All present.
Prayer by the Chaplain, The Reverend Bruce Henderson.
Our Dear Heavenly Father,
we're still here . . . and we still need Your help. As we feel pressure from the voters, the media, and ourselves to finish here and return home, we need special blessings, we need more patience and compassion for each others' feelings. We need attention to detail lest in our haste, we miss something. We need a spirit of cooperation and grace that crosses party lines and is sensitive to others. And, Lord we need to know that the light at the end of the tunnel is not an oncoming train!
Amen. Pledge of allegiance to the Flag.
Senator Raggio moved that further reading of the Journal be dispensed with, and the President and Secretary be authorized to make the necessary corrections and additions.
Motion carried.
Randolph J. Townsend,
Chairman
Mr. President:
Your Committee on Commerce and Labor, to which was referred Assembly Bill No. 26, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Randolph J. Townsend,
Chairman
Mr. President:
Your Committee on Finance, to which were referred Senate Bills Nos. 489, 490, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
William J. Raggio,
Chairman
Mr. President:
Your Committee on Government Affairs, to which was referred Assembly Concurrent Resolution No. 25, has had the same under consideration, and begs leave to report the same back with the recommendation: Be adopted.
Ann O'Connell,
Chairman
Mr. President:
Your Committee on Government Affairs, to which were referred Assembly Bills Nos. 65, 150, 188, 350, 367, 374, 387, 407, 409, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Ann O'Connell,
Chairman
Mr. President:
Your Committee on Human Resources and Facilities, to which were referred Senate Bill No. 478; Assembly Bills Nos. 30, 205, 557, 599, 600, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Raymond D. Rawson,
Chairman
Mr. President:
Your Committee on Human Resources and Facilities, to which were referred Assembly Bills Nos. 11, 126, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Raymond D. Rawson,
Chairman
Mr. President:
Your Committee on Judiciary, to which was referred Assembly Bill No. 457, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Mark A. James,
Chairman
Mr. President:
Your Committee on Natural Resources, to which were referred Assembly Bills Nos. 583, 594, 601; Assembly Joint Resolution No. 20, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Dean A. Rhoads,
Chairman
Mr. President:
Your Committee on Natural Resources, to which was referred Assembly Bill No. 397, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Dean A. Rhoads,
Chairman
Mr. President:
Your Committee on Transportation, to which was referred Assembly Bill No. 456, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
William R. O'Donnell,
Chairman
Assembly Chamber, Carson City, June 30, 1997
To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day passed Senate Bills Nos. 36, 181, 197, 290, 414, 428.
Also, I have the honor to inform your honorable body that the Assembly on this day passed Assembly Bill No. 665.
Also, I have the honor to inform your honorable body that the Assembly on this day adopted the report of the second Committee on Conference concerning Senate Bill No. 128.
Also, I have the honor to inform your honorable body that the Assembly on this day concurred in the Senate amendment to Assembly Bill No. 13.
Also, I have the honor to inform your honorable body that the Assembly on this day adopted the report of the second Committee on Conference concerning Assembly Bill No. 15.
Jacqueline Sneddon
Assistant Chief Clerk of the Assembly
Senator O'Donnell:
Thank you, Mr. President. I also wanted to rise and say a few words about Mary and Joe. They had a rough start when they came to Nevada, and worked hard to get where they were. They opened up a gravel pit on Rainbow and Tropicana. Needless to say, it was just a desolate area in the 50's. No one believed that anything like Spanish Trail could ever come of a gravel pit. Mr. Blasco had a dream and a vision and culminated that into one of the most beautiful areas of town that we have in Las Vegas today. Joe was always one of those people who gave back to the community as much as the community gave to him. He was able to donate several buildings, money for churches, money for the university and was just an individual who had an all-around good heart. I am happy to commend Joe and Mary, today, for what they have done for the Las Vegas area, and let them know that we are appreciative of all of their philanthropic activities and actions taken in our community.
Motion carried.
Senator Coffin moved that Senate Concurrent Resolution No. 61 be immediately transmitted to the Assembly.
Motion carried.
Assembly Concurrent Resolution No. 25.
Senator O'Connell moved the adoption of the resolution.
Motion carried.
By the Committee on Finance:
Senate Bill No. 492--An Act relating to programs for public employees; establishing for the next biennium the amount to be paid by the state for group insurance for participating officers and employees; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.
Assembly Bill No. 665.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
Senate Bill No. 489.
Bill read third time.
Remarks by Senators O'Donnell, Rawson and O'Connell.
Roll call on Senate Bill No. 489:
Yeas -- 17.
Nays -- McGinness, O'Connell, Rhoads, Washington - 4.
Senate Bill No. 489 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.
Senate Bill No. 490.
Bill read third time.
Remarks by Senators O'Connell, Raggio and Titus.
Roll call on Senate Bill No. 490:
Yeas -- 21.
Nays -- None.
Senate Bill No. 490 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 30.
Bill read third time.
Roll call on Assembly Bill No. 30:
Yeas -- 20.
Nays -- None.
Not voting -- James.
Assembly Bill No. 30 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 65.
Bill read third time.
Roll call on Assembly Bill No. 65:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 65 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 150.
Bill read third time.
Remarks by Senators Neal, Porter and Adler.
Roll call on Assembly Bill No. 150:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 150 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 188.
Bill read third time.
Roll call on Assembly Bill No. 188:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 188 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 205.
Bill read third time.
Remarks by Senators O'Donnell and Rawson.
Roll call on Assembly Bill No. 205:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 205 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 350.
Bill read third time.
Roll call on Assembly Bill No. 350:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 350 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 367.
Bill read third time.
Remarks by Senators Neal and O'Connell.
Roll call on Assembly Bill No. 367:
Yeas -- 19.
Nays -- Coffin, Neal - 2.
Assembly Bill No. 367 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 374.
Bill read third time.
Roll call on Assembly Bill No. 374:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 374 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 387.
Bill read third time.
Remarks by Senators Neal and O'Connell.
Roll call on Assembly Bill No. 387:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 387 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 407.
Bill read third time.
Remarks by Senators Neal and Titus.
Roll call on Assembly Bill No. 407:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 407 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 409.
Bill read third time.
Remarks by Senators Coffin, O'Connell, Neal and Townsend.
Roll call on Assembly Bill No. 409:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 409 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 557.
Bill read third time.
Remarks by Senator Rawson.
Roll call on Assembly Bill No. 557:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 557 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 583.
Bill read third time.
Roll call on Assembly Bill No. 583:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 583 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 594.
Bill read third time.
Roll call on Assembly Bill No. 594:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 594 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 599.
Bill read third time.
Remarks by Senator Rawson.
Roll call on Assembly Bill No. 599:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 599 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 600.
Bill read third time.
Remarks by Senators Neal and Rawson.
Roll call on Assembly Bill No. 600:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 600 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 601.
Bill read third time.
Roll call on Assembly Bill No. 601:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 601 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Joint Resolution No. 20.
Resolution read third time.
Remarks by Senators Coffin and McGinness.
Roll call on Assembly Joint Resolution No. 20:
Yeas -- 21.
Nays -- None.
Assembly Joint Resolution No. 20 having received a constitutional majority, Mr. President declared it passed, as amended.
Resolution ordered transmitted to the Assembly.
Senator Raggio moved that the Senate recess until 2:00 p.m.
Motion carried.
Senate in recess at 12:54 p.m.
At 2:47 p.m.
President Hammergren presiding.
Quorum present.
Senate Bill No. 458.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 847.
Amend sec. 2, page 1, by deleting line 3 and inserting:
"Sec. 2. A general building contractor shall provide in writing to the owner of a single-family ".
Amend sec. 2, page 1, line 8, by deleting "$250 " and inserting "$500 ".
Amend sec. 2, page 1, by deleting lines 13 and 14 and inserting:
"3. An informational form, whose contents must be prescribed by the board, regarding:".
Amend sec. 3, pages 1 and 2, by deleting lines 17 and 18 on page 1 and lines 1 through 11 on page 2 and inserting:
"Sec. 3. 1. The board may:
(a) Designate one or more of its employees for the investigation of constructional fraud;
(b) Cooperate with other local, state or federal investigative and law enforcement agencies, and the attorney general;
(c) Assist the attorney general or any official of an investigative or a law enforcement agency of this state, any other state or the Federal Government who requests assistance in investigating any act of constructional fraud; and
(d) Furnish to those officials any information, not otherwise confidential, concerning its investigation or report on any act of constructional fraud.
2. For the purposes of this section, constructional fraud occurs if a person engaged in construction knowingly:
(a) Misapplies money under the circumstances described in NRS 205.310;
(b) Obtains money, property or labor by false pretense as described in NRS 205.380;
(c) Receives payments and fails to state his own true name, or states a false name, address or telephone number of the person offering a service; or
(d) Otherwise fails to disclose a material fact.".
Amend the bill as a whole by renumbering sections 4 through 6 as sections 6 through 8 and adding new sections designated sections 4 and 5, following sec. 3, to read as follows:
"Sec. 4. NRS 624.100 is hereby amended to read as follows:
624.1001. The board may appoint such committees and make such reasonable bylaws , [and] rules of procedure and regulations as are necessary to carry out the provisions of this chapter.
2. The board may establish advisory committees composed of its members or employees, homeowners, contractors or other qualified persons to provide assistance with respect to fraud in construction, or in any other area that the board considers necessary.
3. If the board establishes an advisory committee, the board shall:
(a) Select five members for the committee from a list of volunteers approved by the board; and
(b) Adopt rules of procedure for informal conferences of the committee.
4. If the board establishes an advisory committee, the members:
(a) Serve at the pleasure of the board.
(b) Serve without compensation, but must be reimbursed for travel expenses necessarily incurred in the performance of their duties. The rate must not exceed the rate provided for state officers and employees generally.
(c) Shall provide a written summary report to the board, within 15 days after the final informal conference of the committee, that includes recommendations with respect to actions that are necessary to reduce and prevent the occurrence of fraud in construction, or on such other issues as requested by the board.
5. The board is not bound by any recommendation made by an advisory committee.
Sec. 5. NRS 624.160 is hereby amended to read as follows:
624.1601.The board is vested with all of the functions and duties relating to the administration of this chapter.
2. The board shall:
(a) Carry out a program of education for customers of contractors.
(b) Maintain and make known a telephone number for the public to obtain information about self-protection from fraud in construction and other information concerning contractors and contracting.
3. The board may provide advisory opinions and take other actions that are necessary for the effective administration of this chapter and the regulations of the board.".
Amend sec. 4, page 2, line 14, by deleting:
"any or all of ".
Amend sec. 4, page 2, line 35, by deleting "the prime" and inserting "a prime".
Amend sec. 4, page 2, line 41, after the period by inserting:
"A person who exclusively constructs or repairs mobile homes, manufactured homes or commercial coaches is not a general building contractor.".
Amend sec. 6, page 4, line 13, by deleting "anytime" and inserting "any time".
Amend sec. 6, page 4, line 16, by deleting:
"a subcontractor for".
Amend sec. 6, page 4, line 17, after "violated " by inserting:
"or may be violating".
Amend sec. 6, page 4, line 19, by deleting "is" and inserting "may be".
Amend sec. 6, page 4, line 23, by deleting the period and inserting:
"[.] , if he is otherwise in good standing and there are no complaints pending against him. If he is otherwise not in good standing or there is a complaint pending, the board shall require him to provide a current financial statement prepared by a certified public accountant or establish other conditions for reinstatement.".
Amend the bill as a whole by renumbering sections 7 through 20 as sections 10 through 23 and adding a new section designated sec. 9, following sec. 6, to read as follows:
"Sec. 9. NRS 624.300 is hereby amended to read as follows:
624.3001. Except as otherwise provided in subsection 3, the board may:
(a) Suspend or revoke licenses already issued;
(b) Refuse renewals of licenses;
(c) Impose limits on the field, scope and monetary limit of the license;
(d) Impose an administrative fine of not more than [$5,000;] $10,000;
(e) Order the licensee to take action to correct a condition resulting from an act which constitutes a cause for disciplinary action, at the licensee's cost; or
(f) Reprimand or take other less severe disciplinary action, including, without limitation, increasing the amount of the surety bond or cash deposit of the licensee,
if the licensee commits any act which constitutes a cause for disciplinary action.
2. If the board suspends or revokes the license of a contractor for failure to establish financial responsibility, the board may, in addition to any other conditions for reinstating or renewing the license, require that each contract undertaken by the licensee for a period to be designated by the board, not to exceed 12 months, be separately covered by a bond or bonds approved by the board and conditioned upon the performance of and the payment of labor and materials required by the contract.
3. If a licensee commits a fraudulent act which is a cause for disciplinary action under NRS 624.3016, the correction of any condition resulting from the act does not preclude the board from taking disciplinary action.
4. If the board finds that a licensee has engaged in repeated acts that would be cause for disciplinary action, the correction of any resulting conditions does not preclude the board from taking disciplinary action pursuant to this section.
5. The expiration of a license by operation of law or by order or decision of the board or a court, or the voluntary surrender of a license by a licensee, does not deprive the board of jurisdiction to proceed with any investigation of, or action or disciplinary proceeding against, the licensee or to render a decision suspending or revoking the license.
6. The board shall not take any disciplinary action pursuant to this section regarding a constructional defect, as that term is defined in NRS 40.615, during the period in which any claim arising out of that defect is being settled, mediated or otherwise resolved pursuant to NRS 40.600 to 40.695, inclusive, unless the disciplinary action is necessary to protect the public health or safety.
[4.] 7. If discipline is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorney's fees, may be recovered by the board.".
Amend sec. 7, page 4, line 30, by deleting "willful," and inserting "[willful,]".
Amend sec. 7, page 4, between lines 35 and 36, by inserting:
"5. Failure to comply with sections 21, 22 or 23 of this act.".
Amend sec. 9, page 5, line 9, by deleting "$250" and inserting "$500".
Amend sec. 10, page 6, line 7, by deleting "[90] 60" and inserting "90".
Amend sec. 10, page 6, line 8, by deleting "[90] 60" and inserting "90".
Amend sec. 10, page 6, line 10, by deleting "[90] 60" and inserting "90".
Amend sec. 10, page 6, line 16, by deleting "[40] 30" and inserting "40".
Amend sec. 11, page 8, by deleting lines 10 through 12 and inserting:
"to subsection 4.".
Amend sec. 11, page 8, line 13, after "court," by inserting:
"and the order is not stayed,".
Amend sec. 11, page 8, by deleting lines 14 and 15 and inserting:
"lien claimant shall, within 2 days after the order is entered, record a certified copy of the".
Amend sec. 11, page 8, by deleting lines 20 through 22.
Amend sec. 12, page 9, by deleting lines 13 through 15 and inserting:
"section. All liens not so exhibited shall be deemed to be waived ".
Amend sec. 15, page 11, line 37, by deleting:
"provide direct supervision of " and inserting "directly supervise".
Amend sec. 15, page 11, lines 41 and 42, by deleting:
"the law will presume" and inserting:
"it is presumed ".
Amend sec. 15, page 12, line 5, by deleting "licensed ".
Amend sec. 15, page 12, line 6, by deleting:
"who is not" and inserting:
"unless he is".
Amend sec. 15, page 12, line 10, by deleting:
"for that employee, as prescribed by law." and inserting:
"and pay the required contribution for unemployment compensation for that employee, and comply with other state and federal laws relating to employment.".
Amend sec. 16, page 12, line 28, after "contractor" by inserting:
"for that work".
Amend sec. 17, page 12, line 31, by deleting:
"18, 19 and 20" and inserting:
"21, 22 and 23".
Amend sec. 18, page 12, line 32, by deleting:
"19 and 20" and inserting:
"22 and 23".
Amend sec. 18, page 12, line 35, by deleting:
"pool, hot tub" and inserting "pool ".
Amend sec. 18, page 12, line 39, by deleting:
"installation of illuminating niches,".
Amend sec. 19, page 13, line 1, by deleting:
"$200 or 2" and inserting:
"$1,000 or 10".
Amend sec. 19, page 13, line 3, by deleting:
"pool, hot tub" and inserting "pool ".
Amend sec. 19, page 13, by deleting lines 9 and 10 and inserting:
"improvement or construction of a residential pool or spa must complete the work diligently and shall not refuse to perform any work for".
Amend sec. 19, page 13, line 12, after "3." by inserting:
"If satisfactory payment is made for any portion of the work performed, the contractor shall, before any further payment is made, furnish the owner a full and unconditional release from any claim of mechanic's lien for that portion of the work for which payment has been made.
4. The requirements of subsection 3 do not apply if the contract provides for the contractor to furnish a bond for payment and performance or joint control covering full performance and completion of the contract and the bond or joint control is furnished by the contractor.
5.".
Amend sec. 19, page 13, line 13, by deleting:
"pool, hot tub" and inserting "pool ".
Amend sec. 19, page 13, line 15, by deleting:
"18 and 20" and inserting:
"21 and 23 ".
Amend sec. 20, page 13, line 17, by deleting:
"property to be improved " and inserting:
"single-family residence for the construction or alteration of a residential pool or spa".
Amend sec. 20, page 13, by deleting lines 31 and 32 and inserting:
"(h) A statement that the contractor has provided the owner with the notice and informational form required by section 2 of this act;".
Amend sec. 20, page 13, line 37, by deleting "and ".
Amend sec. 20, page 13, line 39, by deleting:
"a swimming pool " and inserting:
"the residential pool or spa".
Amend sec. 20, page 13, by deleting lines 40 and 41 and inserting:
"for other home improvements, and a description of the work to be done, the materials to be used and the equipment to be".
Amend sec. 20, page 13, line 42, by deleting "work." and inserting:
"work; and
(k) The dollar amount of any progress payment and the stage of construction at which the contractor will be entitled to collect progress payments during the course of construction under the contract.".
Amend sec. 20, page 13, line 43, after "2." by inserting:
"The contract must contain, in close proximity to the signatures of the owner and the contractor, a notice stating that the owner has the right to request a bond for payment and performance.
3.".
Amend sec. 20, page 14, line 3, by deleting "3." and inserting "4.".
Amend sec. 20, page 14, line 5, by deleting:
"18 and 19" and inserting:
"21 and 22 ".
Amend sec. 20, page 14, line 7, after "requirements" by inserting:
"of this section and sections 21 and 22 of this act ".
Amend sec. 20, page 14, after line 7, by inserting:
"5. The contractor shall apply for and obtain all necessary permits.".
Amend the bill as a whole by adding a new section designated sec. 24, following sec. 20, to read as follows:
"Sec. 24. Section 6 of this act becomes effective at 12:01 a.m. on October 1, 1997.".
Senator Porter moved the adoption of the amendment.
Remarks by Senator Porter.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 11.
Bill read second time.
The following amendment was proposed by the Committee on Human Resources and Facilities:
Amendment No. 972.
Amend sec. 3, page 1, line 5, after "in" by inserting:
"subsection 6 and ".
Amend sec. 3, page 2, between lines 22 and 23, by inserting:
"6. The administrator of the aging services division of the department of human resources may exempt a residential facility for groups from the requirement of filing a surety bond pursuant to this section if the administrator determines that the requirement would result in undue hardship to the residential facility for groups.".
Senator Rawson moved the adoption of the amendment.
Remarks by Senators Rawson, Washington, O'Donnell and Augustine.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assembly Bill No. 126.
Bill read second time.
The following amendment was proposed by the Committee on Human Resources and Facilities:
Amendment No. 1015.
Amend sec. 3, page 2, lines 36 and 37, by deleting:
"the effective date of this act." and inserting:
"July 1, 1998.".
Amend sec. 3, page 2, line 41, by deleting:
"the effective date of this act." and inserting:
"July 1, 1998.".
Amend sec. 4, page 2, line 42, by deleting:
"upon passage and approval." and inserting:
"on July 1, 1998.".
Amend the bill as a whole by adding a preamble, immediately preceding the enacting clause, to read as follows:
"Whereas, Pursuant to the provisions of NRS, the tax revenue generated from one geographical area is being used to support a library district that is associated with a different geographical area; and
Whereas, It is equitable that the revenue generated from the taxes imposed on property located within a particular geographical area should be used to support the library district within that geographical area; and
Whereas, The budgets of the Clark County library district and the North Las Vegas library district have been established in compliance with the provisions of NRS; and
Whereas, It is not appropriate at this time to change the established sources of funding for the Clark County library district and the North Las Vegas library district because their budgets have been finalized for the next fiscal year; and
Whereas, It is the intent of the legislature that the additional revenue that the North Las Vegas library district will receive after July 1, 1998, will be used for library services and will supplement, rather than replace, the money that the library district receives from other sources; now, therefore,".
Senator Rawson moved the adoption of the amendment.
Remarks by Senators Rawson and Regan.
Senator Regan requested that the following remarks be entered in the Journal.
Senator Rawson:
Thank you, Mr. President. This is a complicated issue to explain. The library districts, in 1985, set up a taxing authority that took various parts of county land to support the library district. Many of those islands of county land have been incorporated into various cities now, into Las Vegas, Henderson or North Las Vegas. North Las Vegas has opted out of the library district. That leaves islands of country land that is being taxed to support the library districts in Clark County and in Las Vegas, but these islands are actually in North Las Vegas. The citizens of North Las Vegas feel that they are being taxed to support library facilities outside of their own hometown.
In addition to this, they would like to develop their own library facilities, but the people have rejected the bond issues because they feel it would be double taxation. Therefore, it is a complicated issue. In trying to be fair with this, realizing that many North Las Vegas residents are also receiving their library services through Clark County or Las Vegas, some money should flow to these areas. We have essentially set out a policy which states that the principle is that this taxation was for the purpose of developing library services and that people should have access to the money. The money from the area where they live should return to that area. At the end of the next fiscal year, the money that is not being used to retire the bond issue will then return to North Las Vegas. They will then be able to use that money, but expressly for the purposes of library services. It is being true to the commitment made by the voters who originally voted for this, and it is also being true to the people who live in North Las Vegas by returning it to them. I think this is a fair measure.
Senator Regan:
Thank you, Mr. President. To you and through you to the Chairman of Human Resources. Something he did not mention is also that the City of North Las Vegas will receive approximately $85,000 out of this change if this bill is enacted. The current budget of the Clark County Library System is in excess of $25 million, so it is not as if we were ripping off the library district. Also, the City of North Las Vegas has no representative elected to the Clark County Library District. I would like these remarks entered into the record for this legislative day.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assembly Bill No. 456.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 842.
Amend section 1, page 1, line 4, by deleting "limit in" and inserting:
"limit:
(a) In".
Amend section 1, page 1, line 6, by deleting "conducted shall " and inserting:
"conducted; and
(b) At a time when the workers who are performing the construction, maintenance or repair of the highway are present,
shall ".
Amend section 1, page 1, by deleting line 14 and inserting:
"2. The penalty imposed for the primary offense and the additional penalty imposed pursuant to subsection 1 must not exceed a total of $1,000,".
Amend section 1, page 2, line 5, by deleting:
"approximately 100 feet".
Senator O'Donnell moved the adoption of the amendment.
Remarks by Senator O'Donnell.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assembly Bill No. 457.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 1044.
Amend the bill as a whole by deleting sections 1 through 11 and adding new sections designated sections 1 through 9, following the enacting clause, to read as follows:
"Section 1 NRS 4.373 is hereby amended to read as follows:
4.3731. Except as otherwise provided by specific statute or unless the suspension of a sentence is expressly forbidden, a justice of the peace may suspend, for not more than 1 year, the sentence of a person convicted of a misdemeanor. [The] When the circumstances warrant, the justice of the peace may order [,] as a condition of suspension [,] that the offender:
(a) Make restitution to the owner of any property that is lost, damaged or destroyed as a result of the commission of the offense;
(b) Engage in a program of work for the benefit of the community, for not more than 200 hours;
(c) Actively participate in a program of professional counseling at the expense of the offender;
(d) Abstain from the use of alcohol and controlled substances;
(e) Refrain from engaging in any criminal activity; [and]
(f) Engage or refrain from engaging in any other conduct deemed appropriate by the justice of the peace [.] ;
(g) Submit to a search and seizure by the chief of a department of alternative sentencing, an assistant alternative sentencing officer or any other law enforcement officer at any time of the day or night without a search warrant; and
(h) Submit to periodic tests to determine whether the offender is using a controlled substance or consuming alcohol.
2. The justice of the peace may order reports, from such persons and at such times as he deems appropriate, concerning the [offender's] compliance of the offender with the conditions of suspension. If the offender complies with the conditions of suspension to the satisfaction of the justice of the peace, the sentence may be reduced to not less than the minimum period of confinement established for the offense.
3. The justice of the peace may issue a warrant for the arrest of an offender who violates or fails to fulfill a condition of suspension.
Sec. 2 NRS 4.3762 is hereby amended to read as follows:
4.37621. In lieu of imposing any punishment other than a minimum sentence mandated by statute, a justice of the peace may sentence a person convicted of a misdemeanor to a term of residential confinement. In making this determination, the justice of the peace shall consider the criminal record of the [defendant] convicted person and the seriousness of the crime committed.
2. In sentencing a convicted person to a term of residential confinement, the justice of the peace shall:
(a) Require the [defendant] convicted person to be confined to his residence during the time he is away from his employment, public service or other activity authorized by the justice of the peace; and
(b) Require intensive supervision of the convicted person, including electronic surveillance and unannounced visits to his residence or other locations where he is expected to be to determine whether he is complying with the terms of his sentence.
3. In sentencing a convicted person to a term of residential confinement, the justice of the peace may, when the circumstances warrant, require the convicted person to submit to:
(a) A search and seizure by the chief of a department of alternative sentencing, an assistant alternative sentencing officer or any other law enforcement officer at any time of the day or night without a search warrant; and
(b) Periodic tests to determine whether the offender is using a controlled substance or consuming alcohol.
4. An electronic device approved by the division of parole and probation of the department of motor vehicles and public safety may be used to supervise a convicted person sentenced to a term of residential confinement. The device must be minimally intrusive and limited in capability to recording or transmitting information concerning the [person's] presence of the person at his residence, including, but not limited to, the transmission of still visual images which do not concern the [person's] activities of the person while inside his residence. A device which is capable of recording or transmitting:
(a) Oral or wire communications or any auditory sound; or
(b) Information concerning the [person's] activities of the person while inside his residence,
must not be used.
[4.] 5. A term of residential confinement, together with the term of any minimum sentence mandated by statute, may not exceed the maximum sentence which otherwise could have been imposed for the offense.
6. The justice of the peace may issue a warrant for the arrest of a convicted person who violates or fails to fulfill a condition of residential confinement.
Sec. 3 NRS 5.055 is hereby amended to read as follows:
5.0551. Except as otherwise provided by specific statute or unless the suspension of a sentence is expressly forbidden, a municipal judge may suspend, for not more than 1 year, the sentence of a person convicted of a misdemeanor. [The] When the circumstances warrant, the municipal judge may order [,] as a condition of suspension [,] that the offender:
(a) Make restitution to the owner of any property that is lost, damaged or destroyed as a result of the commission of the offense;
(b) Engage in a program of work for the benefit of the community, for not more than 200 hours;
(c) Actively participate in a program of professional counseling at the expense of the offender;
(d) Abstain from the use of alcohol and controlled substances;
(e) Refrain from engaging in any criminal activity; [and]
(f) Engage or refrain from engaging in any other conduct deemed appropriate by the municipal judge [.] ;
(g) Submit to a search and seizure by the chief of a department of alternative sentencing, an assistant alternative sentencing officer or any other law enforcement officer at any time of the day or night without a search warrant; and
(h) Submit to periodic tests to determine whether the offender is using any controlled substance or alcohol.
2. The municipal judge may order reports, from such persons and at such times as he deems appropriate, concerning the [offender's] compliance of the offender with the conditions of suspension. If the offender complies with the conditions of suspension to the satisfaction of the municipal judge, the sentence may be reduced to not less than the minimum period of confinement established for the offense.
3. The municipal judge may issue a warrant for the arrest of an offender who violates or fails to fulfill a condition of suspension.
Sec. 4 NRS 5.076 is hereby amended to read as follows:
5.0761. In lieu of imposing any punishment other than a minimum sentence mandated by statute, a municipal judge may sentence a person convicted of a misdemeanor to a term of residential confinement. In making this determination, the municipal judge shall consider the criminal record of the [defendant] convicted person and the seriousness of the crime committed.
2. In sentencing a convicted person to a term of residential confinement, the municipal judge shall:
(a) Require the [defendant] convicted person to be confined to his residence during the time he is away from his employment, public service or other activity authorized by the municipal judge; and
(b) Require intensive supervision of the convicted person, including electronic surveillance and unannounced visits to his residence or other locations where he is expected to be in order to determine whether he is complying with the terms of his sentence.
3. In sentencing a convicted person to a term of residential confinement, the municipal judge may, when the circumstances warrant, require the convicted person to submit to:
(a) A search and seizure by the chief of a department of alternative sentencing, an assistant alternative sentencing officer or any other law enforcement officer at any time of the day or night without a search warrant; and
(b) Periodic tests to determine whether the offender is using a controlled substance or consuming alcohol.
4. An electronic device approved by the division of parole and probation of the department of motor vehicles and public safety may be used to supervise a convicted person sentenced to a term of residential confinement. The device must be minimally intrusive and limited in capability to recording or transmitting information concerning the [person's] presence of the person at his residence, including, but not limited to, the transmission of still visual images which do not concern the [person's] activities of the person while inside his residence. A device which is capable of recording or transmitting:
(a) Oral or wire communications or any auditory sound; or
(b) Information concerning the [person's] activities of the person while inside his residence,
must not be used.
[4.] 5. A term of residential confinement, together with the term of any minimum sentence mandated by statute, may not exceed the maximum sentence which otherwise could have been imposed for the offense.
6. The municipal judge may issue a warrant for the arrest of a convicted person who violates or fails to fulfill a condition of residential confinement.
Sec. 5 NRS 178.484 is hereby amended to read as follows:
178.4841. Except as otherwise provided in this section, a person arrested for an offense other than murder of the first degree must be admitted to bail.
2. A person arrested for a felony who has been released on probation or parole for a different offense must not be admitted to bail unless:
(a) A court issues an order directing that the person be admitted to bail;
(b) The state board of parole commissioners directs the detention facility to admit the person to bail; or
(c) The division of parole and probation of the department of motor vehicles and public safety directs the detention facility to admit the person to bail.
3. A person arrested for a felony whose sentence has been suspended pursuant to NRS 4.373 or 5.055 for a different offense or who has been sentenced to a term of residential confinement pursuant to NRS 4.3762 or 5.076 for a different offense must not be admitted to bail unless:
(a) A court issues an order directing that the person be admitted to bail; or
(b) A department of alternative sentencing directs the detention facility to admit the person to bail.
4. A person arrested for murder of the first degree may be admitted to bail unless the proof is evident or the presumption great by any competent court or magistrate authorized by law to do so in the exercise of discretion, giving due weight to the evidence and to the nature and circumstances of the offense.
[4.] 5. A person arrested for a battery upon his spouse, former spouse, a person to whom he is related by blood, a person with whom he is or was actually residing or with whom he has a child in common, his minor child or a minor child of that person, must not be admitted to bail sooner than 12 hours after his arrest.
[5.] 6. The court may, before releasing a person arrested for an offense punishable as a felony, require the surrender to the court of any passport the person possesses.
[6.] 7. Before a person may be admitted to bail, he must sign a document stating that:
(a) He will appear at all times and places as ordered by the court releasing him and as ordered by any court before which the charge is subsequently heard;
(b) He will comply with the other conditions which have been imposed by the court and are stated in the document; and
(c) If he fails to appear when so ordered and is taken into custody outside of this state, he waives all his rights relating to extradition proceedings.
The signed document must be filed with the clerk of the court of competent jurisdiction as soon as practicable, but in no event later than the next business day.
Sec. 6 Chapter 211A of NRS is hereby amended by adding thereto a new section to read as follows:
1. The chief or an assistant may arrest a probationer without a warrant if there is probable cause to believe that the probationer has committed an act that constitutes a violation of a condition of his suspended sentence or residential confinement.
2. Any other peace officer may arrest a probationer upon receipt of a written order by a chief or an assistant stating that there is probable cause to believe that a probationer has committed an act that constitutes a violation of a condition of his suspended sentence or residential confinement.
3. After making an arrest, the chief, assistant or other peace officer shall immediately notify the sentencing court of the arrest of the probationer and shall submit a written report setting forth the act that constituted a violation of a condition of the suspended sentence or residential confinement of the probationer.
4. A chief, an assistant or another peace officer may immediately release from custody without any further proceedings any probationer arrested without a warrant pursuant to this section if he determines that there is not probable cause to believe that the person violated the condition of his suspended sentence or residential confinement.
Sec. 7 NRS 289.180 is hereby amended to read as follows:
289.1801. The following persons have the powers of a peace officer:
(a) The chief parole and probation officer appointed pursuant to NRS 213.1092 ; [.]
(b) Assistant parole and probation officers appointed pursuant to NRS 213.1095 [.] ;
(c) The chief of a department of alternative sentencing established pursuant to NRS 211A.080; and
(d) Assistant alternative sentencing officers of a department of alternative sentencing.
2. A juvenile probation officer or assistant juvenile probation officer whose official duties require him to enforce court orders on juvenile offenders and make arrests has the same powers as a peace officer when performing duties pursuant to NRS 213.220 to 213.290, inclusive, or chapter 62 or 432B of NRS, including the power to arrest an adult criminal offender encountered while in the performance of those duties.
3. A director of juvenile services has the powers of a peace officer in his judicial district when performing duties pursuant to NRS 213.220 to 213.290, inclusive, or chapter 62 or 432B of NRS, including the power to arrest an adult criminal offender encountered while in the performance of those duties.
4. The chief of the youth parole bureau of the division of child and family services in the department of human resources and the parole officers of the bureau have the powers of a peace officer in carrying out the functions of the bureau.
5. A director of a department of family, youth and juvenile services established pursuant to NRS 62.1264 has the powers of a peace officer in the county when carrying out duties pursuant to chapter 62 of NRS, NRS 213.220 to 213.290, inclusive, or chapter 432B of NRS, including the power to arrest an adult criminal offender encountered while carrying out those duties.
[6. The chief of a department of alternative sentencing established pursuant to NRS 211A.080 and the assistant alternative sentencing officers of the department have the powers of a peace officer in the county when carrying out duties pursuant to NRS 211A.090, 211A.110 and 211A.120, including the power to arrest an adult criminal offender or detain a juvenile offender encountered while carrying out those duties.]
Sec. 8 Sections 1 and 3 of this act become effective at 12:01 a.m. on October 1, 1997.
Sec. 9 The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997.".
Amend the title of the bill to read as follows:
Assembly Bill No. 521.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 977.
Amend sec. 32, page 7, line 42, by deleting "50" and inserting "30".
Amend sec. 39, page 11, line 15, after "reside" by inserting "or work".
Amend sec. 40, page 11, by deleting lines 30 through 33 and inserting "plan.".
Amend the bill as a whole by adding a new section designated sec. 56.5, following sec. 56, to read as follows:
"Sec. 56.5. 1. Except as otherwise provided in this subsection, an individual health benefit plan issued pursuant to this chapter that includes coverage for maternity care and pediatric care for newborn infants may not restrict benefits for any length of stay in a hospital in connection with childbirth for a mother or newborn infant covered by the plan to:
(a) Less than 48 hours after a normal vaginal delivery; and
(b) Less than 96 hours after a cesarean section.
If a different length of stay is provided in the guidelines established by the American College of Obstetricians and Gynecologists, or its successor organization, and the American Academy of Pediatrics, or its successor organization, the individual health benefit plan may follow such guidelines in lieu of following the length of stay set forth above. The provisions of this subsection do not apply to any individual health benefit plan in any case in which the decision to discharge the mother or newborn infant before the expiration of the minimum length of stay set forth in this subsection is made by the attending physician of the mother or newborn infant.
2. Nothing in this section requires a mother to:
(a) Deliver her baby in a hospital; or
(b) Stay in a hospital for a fixed period following the birth of her child.
3. An individual health benefit plan that offers coverage for maternity care and pediatric care of newborn infants may not:
(a) Deny a mother or her newborn infant coverage or continued coverage under the terms of the plan or coverage if the sole purpose of the denial of coverage or continued coverage is to avoid the requirements of this section;
(b) Provide monetary payments or rebates to a mother to encourage her to accept less than the minimum protection available pursuant to this section;
(c) Penalize, or otherwise reduce or limit, the reimbursement of an attending provider of health care because he provided care to a mother or newborn infant in accordance with the provisions of this section;
(d) Provide incentives of any kind to an attending physician to induce him to provide care to a mother or newborn infant in a manner that is inconsistent with the provisions of this section; or
(e) Except as otherwise provided in subsection 4, restrict benefits for any portion of a hospital stay required pursuant to the provisions of this section in a manner that is less favorable than the benefits provided for any preceding portion of that stay.
4. Nothing in this section:
(a) Prohibits an individual health benefit plan from imposing a deductible, coinsurance or other mechanism for sharing costs relating to benefits for hospital stays in connection with childbirth for a mother or newborn child covered by the plan, except that such coinsurance or other mechanism for sharing costs for any portion of a hospital stay required by this section may not be greater than the coinsurance or other mechanism for any preceding portion of that stay.
(b) Prohibits an arrangement for payment between an individual health benefit plan and a provider of health care that uses capitation or other financial incentives, if the arrangement is designed to provide services efficiently and consistently in the best interest of the mother and her newborn infant.
(c) Prevents an individual health benefit plan from negotiating with a provider of health care concerning the level and type of reimbursement to be provided in accordance with this section.".
Amend sec. 80, page 25, between lines 41 and 42 by inserting:
"If a different length of stay is provided in the guidelines established by the American College of Obstetricians and Gynecologists, or its successor organization, and the American Academy of Pediatrics, or its successor organization, the group health plan or health insurance coverage may follow such guidelines in lieu of following the length of stay set forth above.".
Amend sec. 80, page 25, line 44, by deleting "period " and inserting:
"length of stay".
Amend sec. 87, pages 31 and 32, by deleting lines 36 through 43 on page 31 and lines 1 and 2 on page 32 and inserting:
"3. The premium for a converted policy may not exceed the small group index rate, as defined in paragraph (b) of subsection 3 of NRS 689C.230, applicable to the carrier by more than 110 percent. The small group index rate used by a carrier that does not write insurance to small employers in this state must be the average small group index rate, as determined by the commissioner, of the five largest carriers that provide coverage to small employers pursuant to this chapter for their basic and standard health benefit plans. The commissioner shall annually determine the average small group index rate, as measured by the premium volume of the plans, of those five largest carriers.".
Amend sec. 134, page 45, between lines 40 and 41 by inserting:
"If a different length of stay is provided in the guidelines established by the American College of Obstetricians and Gynecologists, or its successor organization, and the American Academy of Pediatrics, or its successor organization, the health benefit plan may follow such guidelines in lieu of following the length of stay set forth above.".
Amend sec. 134, page 46, line 3, by deleting "period " and inserting:
"length of stay".
Amend sec. 166, page 55, between lines 26 and 27, by inserting:
"8. Nothing in this section prohibits a reinsuring carrier or an individual reinsuring carrier from terminating the coverage of a small employer or an eligible person on the grounds described in paragraph (c) of subsection 1 of NRS 687B.320.
9. The plan of operation must provide that:
(a) A reinsuring carrier may reinsure a small employer or an eligible employee or his dependent if coverage is written on or after July 1, 1997; and
(b) An individual reinsuring carrier may reinsure an eligible person or his dependent if coverage is written on or after January 1, 1998.".
Amend sec. 175.3, page 60, line 4, by deleting "this chapter" and inserting:
"section 173 of this act".
Senator Townsend moved the adoption of the amendment.
Remarks by Senator Townsend.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Senate Bill No. 293.
Bill read third time.
Roll call on Senate Bill No. 293:
Yeas -- 20.
Nays -- Titus.
Senate Bill No. 293 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 318.
Bill read third time.
Remarks by Senators Neal and James.
Roll call on Senate Bill No. 318:
Yeas -- 15.
Nays -- None.
Not voting -- Coffin, Neal, O'Connell, Raggio, Regan, Shaffer - 6.
Senate Bill No. 318 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 372.
Bill read third time.
Roll call on Senate Bill No. 372:
Yeas -- 21.
Nays -- None.
Senate Bill No. 372 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 409.
Bill read third time.
Roll call on Senate Bill No. 409:
Yeas -- 21.
Nays -- None.
Senate Bill No. 409 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 426.
Bill read third time.
Remarks by Senators Adler and O'Donnell.
Roll call on Senate Bill No. 426:
Yeas -- 21.
Nays -- None.
Senate Bill No. 426 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 430.
Bill read third time.
Remarks by Senator O'Donnell.
Roll call on Senate Bill No. 430:
Yeas -- 21.
Nays -- None.
Senate Bill No. 430 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 460.
Bill read third time.
Roll call on Senate Bill No. 460:
Yeas -- 21.
Nays -- None.
Senate Bill No. 460 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 464.
Bill read third time.
Remarks by Senators Neal and McGinness.
Roll call on Senate Bill No. 464:
Yeas -- 21.
Nays -- None.
Senate Bill No. 464 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 468.
Bill read third time.
Remarks by Senators Neal and Raggio.
Roll call on Senate Bill No. 468:
Yeas -- 21.
Nays -- None.
Senate Bill No. 468 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 472.
Bill read third time.
Roll call on Senate Bill No. 472:
Yeas -- 21.
Nays -- None.
Senate Bill No. 472 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 480.
Bill read third time.
Remarks by Senators Porter and James.
Conflict of interest declared by Senator Porter.
Roll call on Senate Bill No. 480:
Yeas -- 20.
Nays -- None.
Not voting -- Porter.
Senate Bill No. 480 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 26.
Bill read third time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 1030.
Amend section 1, page 1, by deleting line 2 and inserting:
"687B.225 1. Except as otherwise provided in NRS 689A.0405,".
Amend section 1, page 1, line 3, after "695C.1735," by inserting:
"and section 19 of [this act, a] Assembly Bill No. 156 of this session,".
Amend section 1, page 1, line 9, by deleting "under" and inserting "pursuant to".
Amend section 1, page 1, line 11, by deleting "under" and inserting "pursuant to".
Amend the bill as a whole by adding a new section designated sec. 7, following sec. 6, to read as follows:
"Sec. 7. Section 1 of this act becomes effective at 12:01 a.m. on October 1, 1997.".
Senator Schneider moved the adoption of the amendment.
Remarks by Senator Schneider.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assembly Bill No. 291.
Bill read third time.
The following amendment was proposed by Senator Neal:
Amendment No. 1022.
Amend the bill as a whole by adding new sections designated sections 18.1 through 18.6, following sec. 18, to read as follows:
"Sec. 18.1. Chapter 244 of NRS is hereby amended by adding thereto the provisions set forth as sections 18.2 to 19, inclusive, of this act.
Sec. 18.2. 1. Before enacting an ordinance that imposes a license fee on gaming pursuant to section 21.2 of this act, the board of county commissioners of a county whose population is 400,000 or more shall develop a plan for the expenditure of the proceeds of the license fee imposed pursuant to that section. The plan must comply with the provisions of this section and section 18.3 of this act.
2. A plan developed pursuant to this section must include, without limitation, the date on which the plan expires, a description of each proposed project, the method of financing each project and the costs related to each project. The plan must be approved by the board of county commissioners at a public hearing.
3. On or before the date on which a plan developed pursuant to this section expires, the board of county commissioners shall adopt, in the manner prescribed in this section, a new plan for the expenditure of the proceeds of the license fee imposed pursuant to section 21.2 of this act.
Sec. 18.3. 1. The county treasurer shall deposit the money received from the state controller pursuant to section 21.3 of this act in the county treasury for credit to a fund established for that purpose. The fund established pursuant to this section must be accounted for as a separate fund and not as a part of any other fund.
2. The money in the fund, including interest and any other income from the fund, must only be expended by the board of county commissioners in the manner set forth in the plan adopted pursuant to section 18.2 of this act for:
(a) The acquisition, establishment, construction or expansion of:
(1) School facilities;
(2) Water facilities;
(3) Roads, streets or bridges; or
(4) Any other projects relating to the infrastructure of the county;
(b) The payment of principal and interest on notes, bonds or other securities issued to provide money for the cost of projects described in paragraph (a); or
(c) Any combination of those purposes.
3. As used in this section, "water facilities" has the meaning ascribed to it in section 6 of this act.
Sec. 18.4. 1. Money for the payment of the cost of one or more projects for which the board of county commissioners has imposed all or a portion of the license fee authorized pursuant to section 21.2 of this act may be obtained by the issuance of bonds and other securities as provided in subsection 2 or, subject to any pledges, liens and other contractual limitations made pursuant to section 18.5 of this act, may be obtained by direct distribution from the fund established pursuant to section 18.3 of this act, or may be obtained both by the issuance of securities and by direct distribution as determined by the board of county commissioners.
2. The board of county commissioners may, after the enactment of an ordinance pursuant to section 21.2 of this act, from time to time issue bonds and other securities, which are general or special obligations of the county and which may be secured as to principal and interest by a pledge authorized pursuant to section 18.5 of this act of the receipts from the license fees imposed pursuant to section 21.2 of this act. The ordinance authorizing the issuance of any bond or other security must describe the purpose for which it was issued.
Sec. 18.5. 1. Each document providing for the issuance of any bond or security issued pursuant to sections 18.2 to 18.6, inclusive, of this act, which is payable from the receipts of the license fee imposed pursuant to section 21.2 of this act or revenue generated by one or more projects for which the board of county commissioners has imposed all or a portion of the license fee authorized pursuant to section 21.2 of this act, may, in addition to covenants and other provisions authorized in the Local Government Securities Law, contain a covenant or other provision to pledge and create a lien upon:
(a) The receipts of the license fee or the revenue generated by one or more projects for which the board of county commissioners has imposed all or a portion of the license fee authorized pursuant to section 21.2 of this act;
(b) The proceeds of any bond or security pending their application to defray the cost of one or more projects for which the board of county commissioners has imposed all or a portion of the license fee authorized pursuant to section 21.2 of this act; or
(c) Any combination of the proceeds from the license fee, generated revenue or proceeds of any security to secure the payment of any bond or security issued pursuant to sections 18.2 to 18.6, inclusive, of this act.
2. Any money pledged to the payment of bonds or other securities pursuant to subsection 1 may be treated as pledged revenues of the project for the purposes of subsection 3 of NRS 350.020.
Sec. 18.6. 1. On or before December 31 of each year, a county that receives money from the state controller pursuant to section 21.3 of this act shall submit a written report to the director of the legislative counsel bureau for transmission to:
(a) In each even-numbered year, the next regular session of the legislature.
(b) In each odd-numbered year, the interim finance committee.
2. The report must:
(a) Set forth the total amount of money received by the county from the state controller pursuant to section 21.3 of this act for the preceding fiscal year;
(b) Describe each distribution of money from the fund established by the county pursuant to section 18.3 of this act in the preceding fiscal year, including, without limitation:
(1) The project for which the money was distributed; and
(2) The status of the project for which the money was distributed;
(c) Describe other revenue, if any, that was allocated to or collected for the financing of a portion of a project for which the license fee was imposed; and
(d) Provide projected expenditures for the next 5 fiscal years for projects to be paid, wholly or in part, by proceeds of a license fee imposed pursuant to section 21.2 of this act and the projected revenue to be generated by those projects.".
Amend sec. 19, page 10, by deleting lines 1 through 3 and inserting:
"Sec. 19. 1. In addition to all other taxes imposed on the revenue from the rental ".
Amend the bill as a whole by adding new sections designated sections 21.1 through 21.5, following sec. 21, to read as follows:
"Sec. 21.1. Chapter 463 of NRS is hereby amended by adding thereto the provisions set forth as sections 21.2 and 21.3 of this act.
Sec. 21.2. 1. In addition to all other fees and taxes imposed pursuant to this chapter, the board of county commissioners of a county whose population is 400,000 or more may, by ordinance, but not as in a case of emergency, collect a license fee from each licensee conducting, carrying on or operating any gambling game, slot machine or other game of chance within the county to finance projects relating to the infrastructure of the county. Before enacting an ordinance pursuant to this section, the board of county commissioners of the county shall develop a plan for the expenditure of the proceeds of the license fee. The plan must comply with the requirements set forth in sections 18.2 to 18.6, inclusive, of this act. A license fee imposed pursuant to this section must not exceed 2 percent of the gross revenue of the licensee.
2. The board of county commissioners of a county whose population is 400,000 or more may, before enacting an ordinance to impose the license fee authorized pursuant to subsection 1, submit to the registered voters of the county a question to determine whether the voters approve the imposition of the fee. The board of county commissioners may impose the license fee regardless of the results of the vote conducted pursuant to this subsection.
3. An ordinance enacted pursuant to this section must specify the date on which the license fee must first be imposed or on which an increase in the rate of the license fee becomes effective, which must occur on the first day of the next month that is at least 60 days after the date on which the board of county commissioners voted to impose the license fee or increase the amount of the fee.
4. An ordinance imposing a license fee that is enacted pursuant to this section may not be repealed or amended or otherwise directly or indirectly modified in such a manner as to impair any outstanding bonds or other obligations which are payable from or secured by a pledge of a license fee imposed pursuant to this section until those bonds or other obligations have been discharged in full.
5. For the purpose of this section, the gross revenue of a licensee must be determined in the manner provided in NRS 463.370, 463.371 and 463.3715.
Sec. 21.3. 1. Any license fees required to be paid pursuant to section 21.2 of this act must be paid to the commission at the same time and in the same manner as fees are paid pursuant to NRS 463.370.
2. The commission shall deposit the payments made to it pursuant to subsection 1 with the state treasurer for credit to the state general fund.
3. The state controller, acting upon the collection data furnished by the commission, shall monthly:
(a) Determine for each county an amount of money equal to any fees, taxes, interest and penalties collected in or for that county pursuant to section 21.2 of this act during the preceding month; and
(b) Transfer the amount determined for each county to the intergovernmental fund and remit the money to the county treasurer.
4. Except as otherwise provided in subsection 5 or NRS 463.400, any person failing to pay a license fee imposed pursuant to section 21.2 of this act must pay in addition to the license fee a penalty of not less than $50 or 25 percent of the amount due, whichever is greater, but not more than $1,000 if the fees are less than 10 days late and in no case more than $5,000. The penalty must be collected as are other charges, license fees and penalties under this chapter.
5. A county may waive all or part of any penalty due pursuant to subsection 4 if the board of county commissioners issues a written finding that the license fees were not paid in a timely manner as a result of circumstances beyond the licensee's control.
Sec. 21.4. NRS 463.395 is hereby amended to read as follows:
463.3951. The license fee or tax imposed by a local government for conducting, carrying on or operating any gambling game, slot machine or other game of chance , other than a license fee imposed pursuant to section 21.2 of this act, must not exceed:
(a) The amount, if charged per person, establishment, game or machine; or
(b) The rate, if charged according to revenue,
which was in effect for that purpose on or before April 27, 1981.
2. If on that date the local government:
(a) Was in existence, had a population of less than 2,000 and was not collecting or authorized by ordinance to collect such a fee or tax, the local government may impose such a fee or tax in an amount approved by the Nevada tax commission which is not greater than the largest fee or tax imposed by a local government of the same kind. The fee or tax must not be increased.
(b) Was in existence, had a population of less than 2,000, and was authorized to collect but was not collecting such a fee or tax, the local government may impose such a fee or tax in an amount not greater than that authorized by ordinance.
(c) Was collecting a fee or tax which is afterward held to be invalid, the local government may impose a new fee or tax no greater in amount of estimated revenue to be derived than the fee or tax held invalid.
Sec. 21.5. NRS 463.400 is hereby amended to read as follows:
463.400Any 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 463.390, or a license fee imposed pursuant to section 21.2 of this act, 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 title of the bill, second line, after "infrastructure;" by inserting:
"authorizing certain counties to impose a license fee on gaming licensees for projects related to infrastructure;".
Amend the summary of the bill, first line, after "taxes" by inserting "and fees".
Senator Neal moved the adoption of the amendment.
Remarks by Senators Neal, Raggio, Coffin, Regan and O'Connell.
Conflict of interest declared by Senators Raggio, Coffin, Regan and O'Connell.
Senator Neal requested that his remarks be entered in the Journal.
Thank you, Mr. President. Amendment No. 1022 to A.B. 291 allows for a two percent increase on the gross gaming tax bringing that tax from 6-1/4 percent to 8-1/4 percent. The amendment would permit the county commissioners to either vote on this or have it go to a vote of the people. The amendment also sets out a schedule in which the accumulated funds should be used. First, the funds should be used for the acquisition and establishment a construction expansion for school facilities, water facilities, roads, streets and bridges and any other projects related to the infrastructure of the county. The money would be collected and distributed through a fund from the state back to the counties for their use. I think this is a good amendment which adds to this particular bill in terms of funding for the infrastructure in Clark County..
Senator Neal requested that the record reflect that he had voted in favor of the amendment.
Amendment lost.
William J. Raggio,
Chairman
Mr. President:
Your Committee on Finance, to which were referred Senate Bills Nos. 3, 427, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
William J. Raggio,
Chairman
Mr. President:
Your Committee on Human Resources and Facilities, to which was referred Assembly Concurrent Resolution No. 45, has had the same under consideration, and begs leave to report the same back with the recommendation: Be adopted.
Raymond D. Rawson,
Chairman
Mr. President:
Your Committee on Judiciary, to which were referred Senate Bill No. 40; Assembly Bill No. 210, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Mark A. James,
Chairman
Mr. President:
Your Committee on Judiciary, to which were referred Assembly Bills Nos. 151, 615, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Mark A. James,
Chairman
Assembly Chamber, Carson City, July 1, 1997
To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day passed Senate Bills Nos. 127, 262, 281, 317, 349, 428, 449, 473.
Also, I have the honor to inform your honorable body that the Assembly amended, and on this day passed, as amended, Senate Bills Nos. 113, 150, 251, 275, 398, and respectfully requests your honorable body to concur in said amendment.
Also, I have the honor to inform your honorable body that the Assembly on this day adopted Senate Concurrent Resolution No. 61.
Also, I have the honor to inform your honorable body that the Assembly on this day passed Senate Joint Resolution No. 12.
Also, I have the honor to inform your honorable body that the Assembly on this day passed Assembly Bills Nos. 661, 662, 664.
Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bills Nos. 173, 252, 262, 265, 286, 320, 346, 415, 429, 455, 465, 474, 476, 486, 552, 582, 618, 630, 641, 647.
Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Joint Resolution No. 14.
Also, I have the honor to inform your honorable body that the Assembly on this day concurred in the Senate amendment to Assembly Bill No. 556.
Also, I have the honor to inform your honorable body that the Assembly on this day respectfully refused to concur in the Senate amendment to Assembly Bill No. 470.
Jacqueline Sneddon
Assistant Chief Clerk of the Assembly
Assembly Joint Resolution No. 14
Senator Rawson moved that the resolution be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 252.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.
Assembly Bill No. 262.
Senator Raggio moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Assembly Bill No. 265.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.
Assembly Bill No. 286.
Senator Raggio moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Assembly Bill No. 320.
Senator Raggio moved that the bill be referred to the Committee on Transportation.
Motion carried.
Assembly Bill No. 346.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.
Assembly Bill No. 415.
Senator Raggio moved that the bill be referred to the Committee on Transportation.
Motion carried.
Assembly Bill No. 429.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.
Assembly Bill No. 455.
Senator Raggio moved that the bill be referred to the Committee on Transportation.
Motion carried.
Assembly Bill No. 465.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.
Assembly Bill No. 474.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.
Assembly Bill No. 476.
Senator Raggio moved that the bill be referred to the Committee on Taxation.
Motion carried.
Assembly Bill No. 486.
Senator Raggio moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
Assembly Bill No. 552.
Senator Raggio moved that the bill be referred to the Committee on Transportation.
Motion carried.
Assembly Bill No. 582.
Senator Raggio moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 618.
Senator Raggio moved that the bill be referred to the Committee on Natural Resources.
Motion carried.
Assembly Bill No. 630.
Senator Raggio moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 641.
Senator Raggio moved that the bill be referred to the Committee on Transportation.
Motion carried.
Assembly Bill No. 647.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.
Assembly Bill No. 661.
Senator Raggio moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 662.
Senator Raggio moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 664.
Senator Raggio moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 40.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 1048.
Amend the bill as a whole by deleting sec. 3, renumbering sec. 4 as sec. 16 and adding new sections designated sections 3 through 15, following sec. 2, to read as follows:
"Sec. 3. NRS 171.177 is hereby amended to read as follows:
171.177Except as otherwise provided in NRS 171.122 and 171.178, whenever any person is detained by a peace officer for any violation of a county, city or town ordinance or a state law which is punishable as a misdemeanor, he must be taken [without unnecessary delay] within the time prescribed pursuant to NRS 171.178 before the proper magistrate, as specified in NRS 171.178 and 171.184, in the following cases:
1. When the person demands an immediate appearance before a magistrate;
2. When the person is detained pursuant to a warrant for his arrest;
3. When the person is arrested by a peace officer; or
4. In any other event when the person is issued a misdemeanor citation by an authorized person and refuses to give his written promise to appear in court as provided in NRS 171.1773.
Sec. 4. NRS 171.1771 is hereby amended to read as follows:
171.1771Whenever any person is detained by a peace officer for any violation of a county, city or town ordinance or a state law which is punishable as a misdemeanor and he is not required to be taken before a magistrate, the person [shall,] must, in the discretion of the peace officer, either be given a misdemeanor citation, or be taken [without unnecessary delay] within the time prescribed pursuant to NRS 171.178 before the proper magistrate. He [shall] must be taken before the magistrate when he does not furnish satisfactory evidence of identity or when the peace officer has reasonable and probable grounds to believe he will disregard a written promise to appear in court.
Sec. 5. NRS 171.178 is hereby amended to read as follows:
171.178 1. Except as otherwise provided in subsections [5 and 6,] 6 and 7, a peace officer making an arrest under a warrant issued upon a complaint or without a warrant shall take the arrested person without unnecessary delay before the magistrate who issued the warrant or the nearest available magistrate empowered to commit persons charged with offenses against the laws of the State of Nevada.
2. A private person making an arrest without a warrant shall [take the arrested person without unnecessary delay before the nearest available magistrate empowered to commit persons charged with offenses against the laws of the State of Nevada or] immediately deliver the arrested person to a peace officer.
3. If an arrested person is not brought before a magistrate within [72] 48 hours after arrest, excluding nonjudicial days, the magistrate:
(a) Shall give the prosecuting attorney an opportunity to explain the circumstances leading to the delay; and
(b) May release the arrested person if he determines that the person was not brought before a magistrate without unnecessary delay.
4. [When] If a person is arrested without a warrant [is brought before] , a peace officer shall deliver to a magistrate [, a complaint must be filed forthwith.
5.] a statement signed under oath setting forth the essential facts constituting the offense against the laws of the State of Nevada charged or the reason for the arrest within 48 hours after the arrest, including nonjudicial days. The magistrate shall promptly determine whether the peace officer or person who made the arrest had probable cause to believe that the offense was committed by the defendant. If the magistrate determines:
(a) That probable cause did not exist for the arrest, the magistrate shall order the immediate release of the arrested person from custody without any further proceedings.
(b) That probable cause existed for the arrest, the magistrate shall fix the date by which a complaint must be filed against the arrested person.
5. If a complaint:
(a) Is not filed against a person who was arrested without a warrant by the date fixed pursuant to subsection 4, the person must be released from custody without any further proceedings, unless the court grants an extension for good cause shown.
(b) Is filed against a person who was arrested without a warrant by the date fixed pursuant to subsection 4, the person must be brought before a magistrate or master at a time determined by the court in which the complaint was filed.
6. Except as otherwise provided in NRS 178.487, [where] if the defendant can be admitted to bail without appearing personally before a magistrate, he must be so admitted with the least possible delay [,] and required to appear before a magistrate at the earliest convenient time thereafter.
[6.] 7. A peace officer may immediately release from custody without any further proceedings any person he arrests without a warrant if the peace officer is satisfied that there are insufficient grounds for issuing a criminal complaint against the person arrested. Any record of the arrest of a person released pursuant to this subsection must also include a record of the release. A person so released shall be deemed not to have been arrested but only detained.
Sec. 6. NRS 205.230 is hereby amended to read as follows:
205.2301. All state, county, city and township peace and law enforcement officers are empowered and directed to pursue, apprehend and arrest whenever or wherever, irrespective of county boundaries within [the] this state, a person who commits grand larceny in violation of subsection 3 or 4 of NRS 205.220.
2. Upon apprehension and arrest of a person pursuant to subsection 1, the arresting officer shall take the person before the nearest or most accessible magistrate [without unnecessary delay.] within the time prescribed pursuant to NRS 171.178.
Sec. 7. NRS 484.397 is hereby amended to read as follows:
484.3971. Whenever any police officer finds a vehicle standing upon a highway in violation of any of the provisions of this chapter, such officer may move such vehicle, or require the driver or person in charge of the vehicle to move it to a position off the paved or improved or main-traveled part of such highway.
2. Whenever any police officer finds a vehicle unattended upon any highway, bridge or causeway, or in any tunnel where such vehicle constitutes an obstruction to traffic, such officer may provide for the removal of such vehicle in any manner provided by law.
3. Any police officer may remove any vehicle or part of a vehicle found on the highway, or cause it to be removed, to the nearest garage or other place of safekeeping if:
(a) The vehicle has been involved in an accident and is so disabled that its normal operation is impossible or impractical and the person or persons in charge of the vehicle are incapacitated by reason of physical injury or other reason to such an extent as to be unable to provide for its removal or custody, or are not in the immediate vicinity of the disabled vehicle;
(b) The person driving or in actual physical control of the vehicle is arrested for any alleged offense for which the officer is required by law to take the person arrested before a proper magistrate [without unnecessary delay;] within the time prescribed pursuant to NRS 171.178; or
(c) The person in charge of the vehicle is unable to provide for its custody or removal within:
(1) Twenty-four hours after abandoning the vehicle on any freeway, United States highway or other primary arterial highway.
(2) Seventy-two hours after abandoning the vehicle on any other highway.
Sec. 8. NRS 484.791 is hereby amended to read as follows:
484.7911. Any peace officer may, without a warrant, arrest a person if the officer has reasonable cause for believing that the person has committed any of the following offenses:
(a) Homicide by vehicle;
(b) Driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or with 0.10 percent or more by weight of alcohol in his blood;
(c) Driving or being in actual physical control of a vehicle while under the influence of any controlled substance, under the combined influence of intoxicating liquor and a controlled substance, or after ingesting, applying or otherwise using any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders the person incapable of safely driving or exercising actual physical control of a vehicle;
(d) Failure to stop, give information or render reasonable assistance in the event of an accident resulting in death or personal injuries, as prescribed in NRS 484.219 and 484.223;
(e) Failure to stop or give information in the event of an accident resulting in damage to a vehicle or to other property legally upon or adjacent to a highway, as prescribed in NRS 484.221 and 484.225;
(f) Reckless driving;
(g) Driving a motor vehicle on a highway or on premises to which the public has access at a time when his driver's license has been canceled, revoked or suspended; or
(h) Driving a motor vehicle in any manner in violation of the restrictions imposed in a restricted license issued to him pursuant to NRS 483.490.
2. Whenever any person is arrested as authorized in this section he must be taken [without unnecessary delay] within the time prescribed pursuant to NRS 171.178 before the proper magistrate as specified in NRS 484.803, except that in the case of either of the offenses designated in paragraphs (e) and (f) a peace officer has the same discretion as is provided in other cases in NRS 484.795.
Sec. 9. NRS 484.793 is hereby amended to read as follows:
484.793Whenever any person is halted by a peace officer for any violation of this chapter not amounting to a gross misdemeanor or felony, he [shall] must be taken [without unnecessary delay] within the time prescribed pursuant to NRS 171.178 before the proper magistrate, as specified in NRS 484.803, in either of the following cases:
1. When the person demands an immediate appearance before a magistrate; or
2. In any other event when the person is issued a traffic citation by an authorized person and refuses to give his written promise to appear in court as provided in NRS 484.799.
Sec. 10. NRS 484.795 is hereby amended to read as follows:
484.795Whenever any person is halted by a peace officer for any violation of this chapter and is not required to be taken before a magistrate, the person may, in the discretion of the peace officer, either be given a traffic citation, or be taken [without unnecessary delay] within the time prescribed pursuant to NRS 171.178 before the proper magistrate. He must be taken before the magistrate in any of the following cases:
1. When the person does not furnish satisfactory evidence of identity or when the peace officer has reasonable and probable grounds to believe the person will disregard a written promise to appear in court;
2. When the person is charged with a violation of NRS 484.701, relating to the refusal of a driver of a vehicle to submit the vehicle to an inspection and test;
3. When the person is charged with a violation of NRS 484.755, relating to the failure or refusal of a driver of a vehicle to submit the vehicle and load to a weighing or to remove excess weight therefrom; or
4. When the person is charged with a violation of NRS 484.379, unless he is incapacitated and is being treated for injuries at the time the peace officer would otherwise be taking him before the magistrate.
Sec. 11. NRS 484.797 is hereby amended to read as follows:
484.7971. All of the provisions of this chapter apply both to residents and nonresidents of this state, except the special provisions in this section [, which shall] which govern in respect to nonresidents.
2. A peace officer at the scene of a traffic accident may arrest without a warrant any driver of a vehicle who is a nonresident of this state and who is involved in the accident when, based upon personal investigation, the peace officer has reasonable cause for believing that the person has committed any offense under the provisions of this chapter in connection with the accident, and if the peace officer has reasonable cause for believing that the person will disregard a written promise to appear in court.
3. Whenever any person is arrested under the provisions of this section, he [shall] must be taken [without unnecessary delay] within the time prescribed pursuant to NRS 171.178 before the proper magistrate, as specified in NRS 484.803.
Sec. 12. NRS 484.803 is hereby amended to read as follows:
484.8031. Whenever any person is taken before a magistrate or is given a written traffic citation containing a notice to appear before a magistrate as provided for in NRS 484.799, the magistrate must be a justice of the peace or municipal judge who has jurisdiction of the offense and is nearest or most accessible with reference to the place where the alleged violation occurred, except that when the offense is alleged to have been committed within an incorporated municipality wherein there is an established court having jurisdiction of the offense, the person must be taken [without unnecessary delay] within the time prescribed pursuant to NRS 171.178 before that court.
2. For the purpose of this section, the terms "magistrate" and "court" include magistrates and courts having jurisdiction of offenses under the law of this state as committing magistrates and courts and those having jurisdiction of the trials of such offenses.
Sec. 13. NRS 488.291 is hereby amended to read as follows:
488.2911. A person shall not abandon a vessel upon a public waterway or public or private property without the consent of the owner or person in lawful possession or control of the property.
2. The abandonment of any vessel in a manner prohibited by subsection 1 is prima facie evidence that the last registered owner of record, unless he has notified the division of wildlife of the state department of conservation and natural resources or other appropriate agency of his relinquishment of title or interest therein, is responsible for the abandonment. The person so responsible is liable for the cost of removal and disposition of the vessel.
3. A game warden, sheriff or other peace officer of this state may remove a vessel from a public waterway when:
(a) The vessel is left unattended and is adrift, moored, docked, beached or made fast to land in such a position as to interfere with navigation or in such a condition as to create a hazard to other vessels using the waterway, to public safety or to the property of another.
(b) The vessel is found upon a waterway and a report has previously been made that the vessel has been stolen or embezzled.
(c) The person in charge of the vessel is by reason of physical injuries or illness incapacitated to such an extent as to be unable to provide for its custody or removal.
(d) An officer arrests a person operating or in control of the vessel for an alleged offense, and the officer is required or permitted to take, and does take, the person arrested before a magistrate [without unnecessary delay.] within the time prescribed pursuant to NRS 171.178.
(e) The vessel seriously interferes with navigation or otherwise poses a critical and immediate danger to navigation or to the public health, safety or welfare.
Sec. 14. NRS 488.360 is hereby amended to read as follows:
488.360Whenever any person is halted by a game warden, sheriff or peace officer for any violation of this chapter, the person [shall,] must, in the discretion of the game warden, sheriff or peace officer either be given a citation or be taken [without unnecessary delay] within the time prescribed pursuant to NRS 171.178 before the proper magistrate. He [shall] must be taken before the magistrate in either of the following cases:
1. When the person does not furnish satisfactory evidence of identity; or
2. When the game warden, sheriff or peace officer has reasonable and probable grounds to believe the person will disregard a written promise to appear in court.
Sec. 15. NRS 501.386 is hereby amended to read as follows:
501.386Whenever any person is halted by a game warden for any violation of this Title, the person [shall,] must in the discretion of the game warden, either be given a citation or be taken [without unnecessary delay] within the time prescribe pursuant to NRS 171.178 before the proper magistrate. He [shall] must be taken before the magistrate in either of the following cases:
1. When the person does not furnish satisfactory evidence of identity; or
2. When the game warden has reasonable and probable grounds to believe the person will disregard a written promise to appear in court.".
Amend the bill as a whole by adding a new section designated sec. 17, following sec. 4, to read as follows:
"Sec. 17. Section 6 of this act becomes effective at 12:01 a.m. on October 1, 1997.".
Amend the title of the bill to read as follows:
Senate Bill No. 427.
Bill read second time.
The following amendment was proposed by the Committee on Finance:
Amendment No. 1065.
Amend sec. 8, page 3, line 4, by deleting "equal ".
Amend the bill as a whole by adding new sections designated sections 14.1 to 14.5, following sec. 14, to read as follows:
"Sec. 14.1. NRS 200.5093 is hereby amended to read as follows:
200.50931. Any person required to make a report pursuant to this section shall make the report immediately, but in no event later than 24 hours after there is reason to believe that an older person has been abused, neglected or exploited. The report must be made to:
(a) The local office of the [welfare or] aging services division or the division of health care financing and policy of the department of human resources;
(b) Any police department or sheriff's office; or
(c) The county's office for protective services, if one exists in the county where the suspected action occurred.
If the report of abuse, neglect or exploitation involves an act or omission of the [welfare division,] aging services division , another division of the department of human resources or a law enforcement agency, the report must be made to an agency other than the one alleged to have committed the act or omission. Each agency, after reducing the report to writing, shall forward a copy of the report to the aging services division of the department of human resources.
2. Reports must be made by the following persons who, in their professional or occupational capacities, know or have reason to believe that an older person is being or has been abused, neglected or exploited:
(a) Every physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, physician's assistant, psychiatrist, psychologist, marriage and family therapist, alcohol or drug abuse counselor, driver of an ambulance, advanced emergency medical technician or other person providing medical services licensed or certified to practice in this state, who examines, attends or treats an older person who appears to have been abused, neglected or exploited.
(b) Any personnel of a hospital or similar institution engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a hospital or similar institution upon notification of the suspected abuse, neglect or exploitation of an older person by a member of the staff of the hospital.
(c) A coroner.
(d) Every clergyman, practitioner of Christian Science or religious healer, unless he acquired the knowledge of abuse, neglect or exploitation from the offender during a confession.
(e) Every person who maintains or is employed by an agency to provide nursing in the home.
(f) Every attorney, unless he has acquired the knowledge of abuse, neglect or exploitation from a client who has been or may be accused of the abuse, neglect or exploitation.
(g) Any employee of the department of human resources.
(h) Any employee of a law enforcement agency or a county's office for protective services or an adult or juvenile probation officer.
(i) Any person who maintains or is employed by a facility or establishment that provides care for older persons.
(j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding the abuse, neglect or exploitation of an older person and refers them to persons and agencies where their requests and needs can be met.
(k) Every social worker.
3. A report may be filed by any other person.
4. Any person required to make a report pursuant to this section who has reasonable cause to believe that an older person has died as a result of abuse or neglect shall report this belief to the appropriate medical examiner or coroner, who shall investigate the cause of death of the older person and submit to the appropriate local law enforcement agencies, the appropriate prosecuting attorney and the aging services division of the department of human resources his written findings. The written findings must include the information required pursuant to the provisions of NRS 200.5094, when possible.
5. A division, office or department which receives a report pursuant to this section shall cause the investigation of the report to commence within 3 working days. A copy of the final report of the investigation conducted by a division, office or department, other than the aging services division of the department of human resources, must be forwarded to the aging services division within 90 days after the completion of the report.
6. If the investigation of the report results in the belief that the older person is abused, neglected or exploited, the [welfare division of the] department of human resources or the county's office for protective services may provide protective services to the older person if he is able and willing to accept them.
Sec. 14.2. NRS 200.5093 is hereby amended to read as follows:
200.50931. Any person required to make a report pursuant to this section shall make the report immediately, but in no event later than 24 hours after there is reason to believe that an older person has been abused, neglected or exploited. The report must be made to:
(a) The local office of the aging services division [or the division of health care financing and policy] of the department of human resources;
(b) Any police department or sheriff's office;
(c) The county's office for protective services, if one exists in the county where the suspected action occurred; or
(d) A toll-free telephone service designated by the aging services division of the department of human resources.
If the report of abuse, neglect or exploitation involves an act or omission of the aging services division, another division of the department of human resources or a law enforcement agency, the report must be made to an agency other than the one alleged to have committed the act or omission. Each agency, after reducing the report to writing, shall forward a copy of the report to the aging services division of the department of human resources.
2. Reports must be made by the following persons who, in their professional or occupational capacities, know or have reason to believe that an older person is being or has been abused, neglected or exploited:
(a) Every physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, physician's assistant, psychiatrist, psychologist, marriage and family therapist, alcohol or drug abuse counselor, driver of an ambulance, advanced emergency medical technician or other person providing medical services licensed or certified to practice in this state, who examines, attends or treats an older person who appears to have been abused, neglected or exploited.
(b) Any personnel of a hospital or similar institution engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a hospital or similar institution upon notification of the suspected abuse, neglect or exploitation of an older person by a member of the staff of the hospital.
(c) A coroner.
(d) Every clergyman, practitioner of Christian Science or religious healer, unless he acquired the knowledge of abuse, neglect or exploitation from the offender during a confession.
(e) Every person who maintains or is employed by an agency to provide nursing in the home.
(f) Every attorney, unless he has acquired the knowledge of abuse, neglect or exploitation from a client who has been or may be accused of the abuse, neglect or exploitation.
(g) Any employee of the department of human resources.
(h) Any employee of a law enforcement agency or a county's office for protective services or an adult or juvenile probation officer.
(i) Any person who maintains or is employed by a facility or establishment that provides care for older persons.
(j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding the abuse, neglect or exploitation of an older person and refers them to persons and agencies where their requests and needs can be met.
(k) Every social worker.
(l) Any person who owns or is employed by a funeral home or mortuary.
3. A report may be filed by any other person.
4. Any person required to make a report pursuant to this section who has reasonable cause to believe that an older person has died as a result of abuse or neglect shall report this belief to the appropriate medical examiner or coroner, who shall investigate the cause of death of the older person and submit to the appropriate local law enforcement agencies, the appropriate prosecuting attorney and the aging services division of the department of human resources his written findings. The written findings must include the information required pursuant to the provisions of NRS 200.5094, when possible.
5. A division, office or department which receives a report pursuant to this section shall cause the investigation of the report to commence within 3 working days. A copy of the final report of the investigation conducted by a division, office or department, other than the aging services division of the department of human resources, must be forwarded to the aging services division within 90 days after the completion of the report.
6. If the investigation of the report results in the belief that the older person is abused, neglected or exploited, the department of human resources or the county's office for protective services may provide protective services to the older person if he is able and willing to accept them.
Sec. 14.3. NRS 200.50984 is hereby amended to read as follows:
200.509841. Notwithstanding any other statute to the contrary, [the local office of the welfare division of] the department of human resources and a county's office for protective services, if one exists in the county where a violation is alleged to have occurred, may for the purpose of investigating an alleged violation of NRS 200.5091 to 200.5099, inclusive, inspect all records pertaining to the older person on whose behalf the investigation is being conducted, including, but not limited to, that person's medical and financial records.
2. Except as otherwise provided in this subsection, if a guardian has not been appointed for the older person, the [welfare division] department of human resources or the county's office for protective services shall obtain the consent of the older person before inspecting those records. If the [welfare division] department of human resources or the county's office for protective services determines that the older person is unable to consent to the inspection, the inspection may be conducted without his consent. Except as otherwise provided in this subsection, if a guardian has been appointed for the older person, the [welfare division] department of human resources or the county's office for protective services shall obtain the consent of the guardian before inspecting those records. If the [welfare division] department of human resources or the county's office for protective services has reason to believe that the guardian is abusing, neglecting or exploiting the older person, the inspection may be conducted without the consent of the guardian, except that if the records to be inspected are in the personal possession of the guardian, the inspection must be approved by a court of competent jurisdiction.
Sec. 14.4. NRS 200.50986 is hereby amended to read as follows:
200.50986The [local office of the welfare division] department of human resources or the county's office for protective services may petition a court in accordance with NRS 159.185 or 159.1905 for the removal of the guardian of an older person, or the termination or modification of that guardianship, if, based on its investigation, the [welfare division] department of human resources or the county's office of protective services has reason to believe that the guardian is abusing, neglecting or exploiting the older person in violation of NRS 200.5095 to 200.5099, inclusive.
Sec. 14.5. Chapter 319 of NRS is hereby amended by adding thereto a new section to read as follows:
The division shall administer the program established to increase the efficiency with which energy is used in dwellings owned or occupied by persons of low income pursuant to 42 U.S.C. §§ 6861 et seq.".
Amend the bill as a whole by deleting sec. 19 and inserting:
"Sec. 19. (Deleted by amendment.)".
Amend the bill as a whole by adding a new section designated sec. 30.5, following sec. 30, to read as follows:
"Sec. 30.5. NRS 422.050 is hereby amended to read as follows:
422.050"Public assistance" includes:
1. State supplementary assistance;
2. Aid to families with dependent children;
3. Assistance to the medically indigent;
4. Food stamp assistance;
5. Low-income home energy assistance; and
6. [Low-income weatherization assistance; and
7.] Benefits provided pursuant to any other public welfare program administered by the welfare division pursuant to such additional federal legislation as is not inconsistent with the purposes of this chapter.".
Amend sec. 31, page 9, by deleting lines 21 through 23 and inserting:
"5. Low-income home energy assistance; and
6. Benefits provided pursuant to any other public welfare program".
Amend sec. 32, page 9, line 30, by deleting "422.293" and inserting "422.2935".
Amend sec. 45, page 14, line 13, by deleting "422.293" and inserting "422.2935".
Amend sec. 50, page 16, line 5, by deleting "422.293" and inserting "422.2935".
Amend the bill as a whole by adding a new section designated sec. 54.5, following sec. 54, to read as follows:
"Sec. 54.5. NRS 422.270 is hereby amended to read as follows:
422.270The department through the welfare division shall:
1. Except as otherwise provided in NRS 432.010 to 432.085, inclusive, administer all public welfare programs of this state, including:
(a) State supplementary assistance;
(b) Aid to families with dependent children;
(c) Assistance to the medically indigent;
(d) Food stamp assistance;
(e) Low-income home energy assistance;
(f) [Low-income weatherization assistance;
(g)] The program for the enforcement of child support; and
[(h)] (g) Other welfare activities and services provided for by the laws of this state.
2. Act as the single state agency of the State of Nevada and its political subdivisions in the administration of any federal money granted to the state to aid in the furtherance of any of the services and activities set forth in subsection 1.
3. Cooperate with the Federal Government in adopting state plans, in all matters of mutual concern, including adoption of methods of administration found by the Federal Government to be necessary for the efficient operation of welfare programs, and in increasing the efficiency of welfare programs by prompt and judicious use of new federal grants which will assist the welfare division in carrying out the provisions of NRS 422.070 to 422.410, inclusive.
4. Observe and study the changing nature and extent of welfare needs and develop through tests and demonstrations effective ways of meeting those needs and employ or contract for personnel and services supported by legislative appropriations from the state general fund or money from federal or other sources.
5. Enter into reciprocal agreements with other states relative to public assistance, welfare services and institutional care, when deemed necessary or convenient by the administrator.
6. Make such agreements with the Federal Government as may be necessary to carry out the supplemental security income program.".
Amend sec. 55, page 17, by deleting lines 22 through 24 and inserting:
"(f) The program for the enforcement of child support; and
(g) Other welfare activities and services provided for by the laws of this".
Amend sec. 60, page 19, line 7, by deleting:
"the welfare division" and inserting:
"[the welfare] a division of the department".
Amend sec. 60, page 19, line 8, by deleting "welfare division" and inserting "[division] department".
Amend sec. 60, page 19, line 13, by deleting "welfare division" and inserting:
"[welfare division] department".
Amend sec. 60, page 19, line 16, by deleting "welfare division," and inserting "[division,] department,".
Amend sec. 60, page 19, line 18, by deleting "welfare division" and inserting:
"[welfare division] department".
Amend sec. 60, page 19, line 20, by deleting "welfare division" and inserting "[division] department".
Amend sec. 60, page 19, lines 30 and 31, by deleting "welfare division" and inserting:
"[welfare division] department".
Amend sec. 60, page 19, line 35, by deleting:
"state welfare administrator" and inserting:
"[administrator] director or his designated representative".
Amend sec. 60, page 19, line 36, by deleting "welfare division" and inserting "[division] department".
Amend sec. 60, page 19, line 38, by deleting "welfare division" and inserting:
"[welfare division] department".
Amend sec. 60, page 19, line 39, by deleting:
"state welfare administrator" and inserting:
"[administrator] director or his designated representative".
Amend sec. 60, page 20, line 3, by deleting:
"state welfare administrator" and inserting:
"[administrator] director or his designated representative".
Amend sec. 60, page 20, line 6, by deleting:
"state welfare administrator" and inserting:
"[administrator] director or his designated representative".
Amend sec. 78, page 28, line 26, by deleting "9," and inserting "[9,] 7,".
Amend sec. 78, page 28, line 32, after "(c)" by inserting:
"Add a new item to its charge master.
(d) Charge a patient for an item that is not on its charge master.
(e)".
Amend sec. 78, page 28, line 33, by inserting an open bracket before "or".
Amend sec. 78, page 29, line 8, by deleting "additional" and inserting:
"additional] unless the different".
Amend sec. 78, page 29, line 9, by inserting an open bracket before "receives".
Amend sec. 78, page 29, line 10, by inserting a closed bracket after "or".
Amend sec. 78, page 29, line 11, by inserting an open bracket before "6.".
Amend sec. 78, page 29, line 26, by deleting "7. If " and inserting:
"7.] 4. A major hospital may add an item to its charge master or charge a patient for an item that is not on its charge master, including items that represent special equipment, supplies or medication ordered by a physician or an item that is not a standard item which the hospital regularly provides, if:
(a) The item is priced at a level that reflects the same rate of return on the item as the hospital receives on comparable items; or
(b) The hospital uses the rate formula that the hospital had in effect on January 1, 1997,
and the hospital provides the department with a list of all those items and charges. The director shall by regulation establish a procedure for a major hospital to provide such a list on a periodic basis, which must not be more often than quarterly.
5. The director shall, not later than October 1, 1997, adopt regulations establishing a procedure for a major hospital to modify the prices of the items on its charge master. The regulations must:
(a) Ensure that the net effect of such a modification of prices is revenue neutral.
(b) Specify a format for a request for such a modification.
(c) Specify a period for the director to act upon such a request.
(d) Provide that if the director does not give notice of his disapproval of a request for such a modification within the period specified pursuant to paragraph (c), the request shall be deemed approved.
6. If ".
Amend sec. 78, page 29, line 39, by deleting "8." and inserting "[8.] 7.".
Amend sec. 78, page 30, line 3, by inserting an open bracket before "10.".
Amend sec. 78, page 30, line 6, by deleting "subsection." and inserting "subsection.] 8.".
Amend sec. 78, page 30, line 10, by inserting an open bracket before "the".
Amend sec. 78, page 30, line 21, by deleting "10. On" and inserting:
"10.] accordance with subsections 3 and 4.
8. On".
Amend sec. 78, page 30, by deleting lines 24 and 25 and inserting:
"[11.] 9. A major hospital shall submit to the department [upon request by the director] on July 1 of each year, and within 30 days after the date the hospital increases its charges pursuant to subsection 7, a detailed listing of charges by the".
Amend sec. 78, page 30, line 29, by deleting "12." and inserting "[12.] 10.".
Amend sec. 78, page 30, line 33, by deleting "appropriate," and inserting "appropriate [,]".
Amend sec. 78, page 30, line 40, by deleting "13." and inserting "[13.] 11.".
Amend sec. 78, page 31, line 9, by deleting "14." and inserting "[14.] 12.".
Amend sec. 78, page 31, line 10, by deleting "12" and inserting "[12] 10".
Amend sec. 78, page 31, line 11, by deleting "13" and inserting "[13] 11".
Amend sec. 78, page 31, line 15, by inserting an open bracket before "15.".
Amend sec. 78, page 31, line 24, by deleting "16." and inserting "16.] 13.".
Amend sec. 78, page 31, line 27, after "section." by inserting:
"If the director determines that a hospital's charges are not in compliance with this section, the hospital shall adjust any charges it imposes accordingly after it receives notice of that determination, but is not required to adjust any charges previously imposed.".
Amend sec. 78, page 31, line 36, by deleting "17." and inserting "[17.] 14.".
Amend the bill as a whole by renumbering sections 80 and 81 as sections 81 and 82 and adding a new section designated sec. 80, following sec. 79, to read as follows:
"Sec. 80. Section 1 of Assembly Bill No. 9 of this session is hereby amended to read as follows:
TEXT OF REPEALED SECTIONS
422.005"Administrator" defined. "Administrator" means the state welfare administrator.
422.0453"Low-income weatherization assistance" defined."Low-income weatherization assistance" means the program established to increase the efficiency with which energy is used in dwellings owned or occupied by persons of low income pursuant to 42 U.S.C. §§ 6861 et seq.".
Senator Raggio moved the adoption of the amendment.
Remarks by Senator Raggio.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 210.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 1045.
Amend sec. 3, pages 1 and 2, by deleting lines 12 through 23 on page 1 and lines 1 and 2 on page 2 and inserting:
"prosecuting attorney shall provide the defendant with copies of any:
(a) Written or recorded statements or confessions made by the defendant, or any written or recorded statements made by a witness or witnesses, or any reports of statements or confessions, or copies thereof, within the possession or custody of the prosecuting attorney;
(b) Results or reports of physical or mental examinations, scientific tests or scientific experiments made in connection with the particular case, or copies thereof, within the possession or custody of the prosecuting attorney; and
(c) Books, papers, documents or tangible objects that the prosecuting attorney intends to introduce in evidence during the case in chief of the state, or copies thereof, within the possession or custody of the prosecuting attorney.".
Amend sec. 10, page 7, line 31, by deleting the open bracket.
Amend sec. 10, page 7, line 33, by deleting the closed bracket.
Senator Adler moved the adoption of the amendment.
Remarks by Senator Adler.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Senate Bill No. 315.
Bill read third time.
Roll call on Senate Bill No. 315:
Yeas -- 21.
Nays -- None.
Senate Bill No. 315 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 151.
Bill read third time.
Roll call on Assembly Bill No. 151:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 151 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 233.
Bill read third time.
Roll call on Assembly Bill No. 233:
Yeas -- 19.
Nays -- James, O'Connell - 2.
Assembly Bill No. 233 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 615.
Bill read third time.
Roll call on Assembly Bill No. 615:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 615 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.
Mark A. James,
Chairman
Senator James moved that the Senate recess subject to the call of the Chair.
Motion carried.
Senate in recess at 4:59 p.m..
At 5:14 p.m..
President Hammargren presiding.
Quorum Present.
Remarks by Senators Neal, James, Schneider and Regan.
Senator James requested that the following remarks be entered in the Journal.
(The remarks will be in a reprint of the Senate Journal.)
Senators Augustine, O'Donnell and Jacobsen moved the previous question.
Motion carried.
The question being on the adoption of Amendment No. 1074 to Senate Bill No. 488.
Senators James, Schneider and Rawson requested a roll call on Senator James motion.
Roll Call on Senator James motion:
Yeas--10.
Nays--Augustine, Coffin, Mathews, Neal, O'Donnell, Regan, Rhoads, Schneider, Shaffer, Titus--10.
Not voting--Adler.
President Hammergren voted Yea.
The motion having received a majority, Mr. President declared it carried.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 145.
The following Assembly amendment was read:
Amendment No. 864.
Amend the bill as a whole by renumbering sections 1 through 3 as sections 2 through 4 and adding a new section designated section 1, following the enacting clause, to read as follows:
"Section 16 Chapter 207 of NRS is hereby amended by adding thereto a new section to read as follows:
Upon registering a convicted person pursuant to the provisions set forth in NRS 207.080 to 207.150, inclusive, a sheriff or a chief of police shall forward all information concerning such registration to the central repository for Nevada records of criminal history in the manner prescribed by the director of the department of motor vehicles and public safety.".
Amend section 1, page 1, line 2, after "inclusive," by inserting:
"and section 1 of this act,".
Amend section 1, page 1, by deleting lines 4 through 10 and inserting:
"(a) [Any] A person convicted in the State of Nevada of an offense that is punishable as a felony or convicted in any place other than the State of Nevada of a felony . [or any other offense which is punishable by imprisonment for 1 year or more.
(b)
Senate Bill No. 155.
The following Assembly amendment was read:
Amendment No. 897.
Amend sec. 2, page 1, by deleting lines 8 through 11 and inserting:
"(a) Specific evidence showing that the adult, child or incompetent person has been a victim of domestic violence before the filing of the application;".
Amend sec. 2, page 2, by deleting lines 14 through 19 and inserting:
"4. The secretary of state shall approve an application if it is accompanied by specific evidence, such as a copy of an applicable record of conviction, a temporary restraining order or other protective order, that the adult, child or incompetent person has been a victim of domestic violence before the filing of the application.".
Amend the bill as a whole by renumbering sec. 9 as sec. 10 and adding a new section designated sec. 9, following sec. 8, to read as follows:
"Sec. 9. 1. There is hereby appropriated from the state general fund to the office of the secretary of state for carrying out the provisions of sections 2 to 6, inclusive, of this act:
Senate Bill No. 267.
The following Assembly amendment was read:
Amendment No. 753.
Amend section 1, page 1, by deleting lines 6 through 9 and inserting:
"banking by:
(1) Discounting and negotiating promissory notes, drafts, bills of exchange and other evidences of indebtedness;
(2) Receiving deposits;
(3) Buying and selling exchange, coin and bullion; and
(4) Loaning money on personal security or real and personal property.
At the time of making loans,".
Amend section 1, page 2, line 8, by deleting:
"which may be".
Amend section 1, page 2, by deleting lines 15 through 19 and inserting:
"this section, 60 percent of its stockholders' or members' equity, plus subordinated capital notes and debentures. The commissioner may authorize any bank located in a city whose population is more than 10,000 to invest more than 60 percent of its stockholders' or members' equity, plus subordinated capital notes and debentures, in its banking offices, furniture and fixtures.".
Amend section 1, page 2, line 26, by deleting:
"a longer time" and inserting "longer".
Amend sec. 4, page 3, by deleting lines 36 and 37 and inserting:
"Sec. 4. This act becomes effective upon passage and approval.".
Senator Townsend moved that the Senate concur in the Assembly amendment to Senate Bill No. 267.
Remarks by Senator Townsend.
Motion carried.
Bill ordered enrolled.
Senate Bill No. 291.
The following Assembly amendment was read:
Amendment No. 925.
Amend the bill as a whole by adding a new section designated sec. 4, following sec. 3, to read as follows:
"Sec. 4. This act becomes effective on passage and approval.".
Senator Townsend moved that the Senate concur in the Assembly amendment to Senate Bill No. 291.
Remarks by Senator Townsend.
Motion carried.
Bill ordered enrolled.
Senate Bill No. 209.
The following Assembly amendment was read:
Amendment No. 808.
Amend section 1, page 1, line 3, by deleting "reimburse," and inserting "pay,".
Amend section 1, page 1, line 5, by deleting "care; or" and inserting:
"care licensed pursuant to NRS 449.030; or".
Amend section 1, page 1, line 7, by deleting "costs of " and inserting "services for".
Amend the title of the bill by deleting the second and third lines and inserting:
"resources to pay licensed providers of hospice care for services for hospice care provided to persons who are eligible for such assistance; and providing other".
Amend the summary of the bill to read as follows:
Senate Bill No. 242.
The following Assembly amendment was read:
Amendment No. 876.
Amend the bill as a whole by renumbering sections 1 through 11 as sections 6 through 16 and adding new sections designated sections 1 through 5, following the enacting clause, to read as follows:
"Section 1. Chapter 646 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 646.010 and section 3 of this act have the meanings ascribed to them in those sections.
Sec. 3. "Motor vehicle" means any self-propelled vehicle that is used upon a highway, but not operated on rails, for the purpose of transporting persons or property.
Sec. 4. 1. A pawnbroker who receives a motor vehicle in pledge as security for a loan pursuant to NRS 646.050 may remove the motor vehicle from his place of business to a place used by the pawnbroker for the storage of motor vehicles received in pledge.
2. The pawnbroker:
(a) Shall hold the motor vehicle at the place of storage for the same period that personal property must be held at his place of business pursuant to this chapter; and
(b) May only remove the motor vehicle from the place of storage under the same conditions that personal property may be removed from his place of business pursuant to this chapter.
Sec. 5. NRS 646.010 is hereby amended to read as follows:
646.010 [Every] "Pawnbroker" means every person engaged, in whole or in part, in the business of loaning money on the security of pledges, deposits or other secured transactions in personal property . [, shall be deemed to be a pawnbroker.]".
Amend sec. 2, page 2, by deleting line 9 and inserting:
"4. A pawnbroker shall not charge more than $3 per day for the".
Amend sec. 4, page 2, line 40, by deleting:
"5 to 11," and inserting:
"10 to 16,".
Amend the bill as a whole by renumbering sections 12 through 16 as sections 18 through 22 and adding a new section designated sec. 17, following sec. 11, to read as follows:
"Sec. 17. 1. A junk dealer or secondhand dealer may not, as part of his business as a junk dealer or secondhand dealer, buy and sell motor vehicles.
2. As used in this section, "motor vehicle" means any self-propelled vehicle that is used upon a highway, but not operated on rails, for the purpose of transporting persons or property.".
Amend sec. 12, page 4, line 1, by deleting:
"5 to 10," and inserting:
"10 to 15,".
Amend the title of the bill to read as follows:
On request of President Hammergren, the privilege of the floor of the Senate Chamber for this day was extended to James Coyle, Grace Conteras and Cindee Bonzo.
Senator Raggio moved that the Senate adjourn until Wednesday, July 2, 1997 at 10:30 a.m.
Motion carried.
Senate adjourned at 5:46 p.m.
Approved:
Lonnie L. Hammargren, M.D.
President of the Senate
Attest: Janice L. Thomas
Secretary of the Senate