NEVADA LEGISLATURE
Sixty-ninth Session, 1997
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ASSEMBLY DAILY JOURNAL
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THE ONE HUNDRED AND FIFTY-THIRD DAY
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Carson City (Saturday), June 21, 1997
Assembly called to order at 11:13 a.m.
Mr. Speaker presiding.
Roll called.
All present except Assemblywoman Krenzer, who was excused.
Prayer by the Chaplain, The Reverend Richard H. Campbell.
You are known by many names throughout the world. Your goodness, might and power are felt by all Your children. We come before You this day with gratitude in our hearts for Your many blessings to us. We praise Your for Your presence here and ask Your blessing upon this Assembly. Their tasks are enormous, give them strength; important, give them wisdom; humane, give then compassion. Grant them Your blessing and also bless our state and our nation now and in the future. We pray in Your Holy name.
Amen.
Pledge of allegiance to the Flag.
Assemblyman Perkins moved that further reading of the Journal be dispensed with, and the Speaker and Chief Clerk be authorized to make the necessary corrections and additions.
Motion carried.
REPORTS OF COMMITTEES
Mr. Speaker:
Your Committee on Government Affairs, to which were re-referred Assembly Bill No. 501; Senate Bill No. 255, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Douglas A. Bache,
Chairman
Mr. Speaker:
Your Committee on Government Affairs, to which was referred Assembly Bill No. 585, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Douglas A. Bache,
Chairman
Mr. Speaker:
Your Committee on Health and Human Services, to which was referred Assembly Bill No. 599, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Vivian L. Freeman,
Chairman
Mr. Speaker:
Your Committee on Judiciary, to which was referred Assembly Concurrent Resolution No. 43, has had the same under consideration, and begs leave to report the same back with the recommendation: Be adopted.
Bernie Anderson,
Chairman
Mr. Speaker:
Your Concurrent Committee on Judiciary, to which was referred Assembly Bill No. 356, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Bernie Anderson,
Chairman
Mr. Speaker:
Your Committee on Judiciary, to which was referred Assembly Bill No. 206, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Bernie Anderson,
Chairman
Mr. Speaker:
Your Concurrent Committee on Transportation, to which was referred Senate Bill No. 34, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Vonne Chowning,
Chairman
Mr. Speaker:
Your Committee on Transportation, to which was referred Senate Bill No. 221, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Vonne Chowning,
Chairman
Mr. Speaker:
Your Committee on Transportation, to which were referred Assembly Bills Nos. 449, 590, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Vonne Chowning,
Chairman
Mr. Speaker:
Your Committee on Ways and Means, to which were re-referred Assembly Bill No. 96; Senate Bill No. 75, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Morse Arberry, Jr.,
Chairman
COMMUNICATIONS
Carson City, Nevada, June 13, 1997
The Honorable Joseph E. Dini, Jr., Speaker of the Assembly, Nevada State Legislature, Legislative Building, Carson City, Nevada 89710-4747
Dear Mr. Dini:
On behalf of the family of Ty Cobb, we would like to extend our appreciation to the Nevada State Assembly for joining in the passage of Senate Concurrent Resolution 49 memorializing our father Ty Cobb. It was a great honor for the family and a meaningful tribute to Ty.
Please extend our gratitude to the members of the Assembly.
Thank you also for your very gracious comments concerning Ty.
Best Regards,
Tyrus W. Cobb
Patricia Cobb
William G. Cobb
MESSAGES FROM THE SENATE
Senate Chamber, Carson City, June 20, 1997
To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day passed Senate Bills Nos. 172, 187, 448.
Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bills Nos. 49, 133, 375, 392, 419, 436.
Mary Jo Mongelli
Assistant Secretary of the Senate
MOTIONS, RESOLUTIONS AND NOTICES
By Assemblymen Price, Dini, Neighbors, Collins, Chowning, Krenzer, Amodei, Braunlin, Hettrick, Marvel, Von Tobel, de Braga, Close, Humke, Williams, Giunchigliani, Arberry, Berman, Buckley, Ernaut, Mortenson, Cegavske, Sandoval, Nolan, Manendo, Evans, Gustavson, Lee, Koivisto, Lambert, Freeman, Hickey, Segerblom, Bache, Tiffany, Perkins, Anderson, Ohrenschall, Carpenter, Parks, Goldwater and Herrera:
Assembly Concurrent Resolution No. 48--Commending the Department of Transportation and the Commission on Tourism for designating state highway Route No. 375 as the Extraterrestrial Highway.
Assemblyman Price moved the adoption of the resolution.
Remarks by Assemblyman Price.
Resolution adopted.
Assembly Concurrent Resolution No. 37.
Resolution read.
The following amendment was proposed by the Committee on Health and Human Services:
Amendment No. 735.
Amend the resolution, page 1, by deleting lines 15 and 16 and inserting:
"Concurring, That the Legislative Counsel is hereby urged to, in consultation with the State Board of Health and the Health Division of the Department of Human Resources, recodify:
1. NRS 202.2491; and
2. Those portions of NRS 202.249, 202.2492 and 202.24925 that, in the opinion of the Legislative Counsel, may logically be removed from chapter 202 of NRS without causing undue confusion,
in Title 40 of NRS; and be it further".
Amend the preamble of the resolution, page 1, by deleting lines 1 through 7 and inserting:
"Whereas, The Nevada Legislature enacted NRS 202.249 to 202.24925, inclusive, to provide for the public health and safety of the residents of the State of Nevada by defining crimes against the public health and safety that involve tobacco; and
Whereas, These provisions were originally codified in chapter 202 of NRS, which is entitled "Crimes Against Public Health and Safety"; and
Whereas, Because smoking poses such a serious health problem to the residents of this state, the Nevada Legislature believes that these provisions which define crimes against the public health and safety that involve tobacco".
Assemblywoman Freeman moved the adoption of the amendment.
Remarks by Assemblymen Freeman, Anderson, Buckley, Price and Ernaut.
Assemblywoman Buckley moved that Assembly Concurrent Resolution No. 37 be taken from the Resolution File and placed on the Chief Clerk's desk.
Motion carried.
Assemblyman Perkins moved that Assembly Bills Nos. 118, 170, 220, 375, 595 be placed on the General File.
Motion carried.
Assemblywoman Giunchigliani moved that the Assembly recess subject to the call of the Chair.
Motion carried.
Assembly in recess at 11:41 a.m.
ASSEMBLY IN SESSION
At 11:50 a.m.
Mr. Speaker presiding.
Quorum present.
INTRODUCTION, FIRST READING AND REFERENCE
By Assemblymen Ohrenschall, Close, Perkins, Buckley, Manendo, Bache, Arberry, Giunchigliani, Amodei, Price, Collins and Anderson:
Assembly Bill No. 627--An Act relating to mobile homes; providing additional requirements for the protection of their owners, purchasers and renters; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Committee on Commerce.
Motion carried.
By the Committee on Judiciary:
Assembly Bill No. 628--An Act relating to justices' courts; revising the provision governing the number of justices of the peace authorized in townships; and providing other matters properly relating thereto.
Assemblyman Anderson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Infrastructure:
Assembly Bill No. 629--An Act relating to local improvements; authorizing the creation of a local improvement district for a street beautification project; and providing other matters properly relating thereto.
Assemblyman Goldwater moved that the bill be referred to the Committee on Infrastructure.
Motion carried.
By the Committee on Elections, Procedures, and Ethics:
Assembly Bill No. 630--An Act relating to elections; requiring fiscal notes for constitutional amendments and statewide measures proposed by initiative petitions to be prepared by the secretary of state upon consultation with the fiscal analysis division of the legislative counsel bureau; requiring the legislative counsel bureau to distribute copies of the fiscal notes for constitutional amendments and statewide measures to members of the legislature, public libraries, newspapers and broadcasters; providing other matters properly relating thereto.
Assemblywoman Giunchigliani moved that the bill be referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.
By the Committee on Elections, Procedures, and Ethics:
Assembly Bill No. 631--An Act relating to the legislature; expanding the duties of the committee to consult with the legislative counsel; revising the provisions governing the reporting of certain expenditures made by lobbyists; creating a revolving account for the purchase and sale of souvenirs; making various other changes concerning the operation of the legislative counsel bureau; and providing other matters properly relating thereto.
Assemblywoman Giunchigliani moved that the bill be referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.
By the Committee on Elections, Procedures, and Ethics:
Assembly Bill No. 632--An Act relating to the legislature; revising certain provisions concerning the organization of the legislative counsel bureau; and providing other matters properly relating thereto.
Assemblywoman Giunchigliani moved that the bill be referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.
By the Committee on Transportation:
Assembly Bill No. 633--An Act relating to liens; revising provisions governing liens on abandoned vehicles; making various changes concerning the priority of certain liens; and providing other matters properly relating thereto.
Assemblywoman Chowning moved that the bill be referred to the Committee on Transportation.
Motion carried.
Senate Bill No. 49.
Assemblywoman Buckley moved that the bill be referred to the Committee on Health and Human Services.
Motion carried.
Senate Bill No. 133.
Assemblywoman Buckley moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 172.
Assemblywoman Buckley moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
Senate Bill No. 187.
Assemblywoman Buckley moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
Senate Bill No. 375.
Assemblywoman Buckley moved that the bill be referred to the Committee on Taxation.
Motion carried.
Senate Bill No. 392.
Assemblywoman Buckley moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 419.
Assemblywoman Buckley moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 436.
Assemblywoman Buckley moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 448.
Assemblywoman Buckley moved that the bill be referred to the Committee on Commerce.
Motion carried.
MOTIONS, RESOLUTIONS AND NOTICES
By the Committee on Natural Resources, Agriculture, and Mining:
Assembly Joint Resolution No. 20--Expressing the strenuous objection of the Nevada Legislature to the recent decision of the United States Bureau of Reclamation regarding the spreading of water from the Carson River.
Assemblywoman de Braga moved that the resolution be referred to the Committee on Natural Resources, Agriculture, and Mining.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 298.
Bill read second time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 506.
Amend the bill as a whole by deleting sections 1 through 9 and adding new sections designated sections 1 through 8 and the text of the repealed section, following the enacting clause, to read as follows:
"Section 1. Chapter 209 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 6, the director may assign an offender to the custody of the division of parole and probation of the department of motor vehicles and public safety to serve a term of residential confinement pursuant to NRS 213.380, for not longer than the remainder of his sentence, if:
(a) The director has reason to believe that the offender is:
(1) Physically incapacitated to such a degree that he does not presently, and likely will not in the future, pose a threat to the safety of the public; or
(2) In ill health and expected to die within 12 months, and does not presently, and likely will not in the future, pose a threat to the safety of the public; and
(b) At least two physicians licensed pursuant to chapter 630 of NRS, one of whom is not employed by the department, verify, in writing, that the offender is:
(1) Physically incapacitated; or
(2) In ill health and expected to die within 12 months.
2. If the director intends to assign an offender to the custody of the division of parole and probation pursuant to this section, at least 45 days before the date the offender is expected to be released from the custody of the department, the director shall notify:
(a) If the offender will reside within this state after he is released from the custody of the department, the board of county commissioners of the county in which the offender will reside; and
(b) The division of parole and probation.
3. If any victim of a crime committed by the offender has, pursuant to subsection 3 of NRS 213.130, requested to be notified of an application for parole and has provided a current address, the division of parole and probation shall notify the victim that:
(a) The director intends to assign the offender to the custody of the division of parole and probation pursuant to this section; and
(b) The victim may submit documents to the division of parole and probation regarding such an assignment.
If a current address has not been provided by a victim as required by subsection 3 of NRS 213.130, the division of parole and probation must not be held responsible if notification is not received by the victim.
4. If an offender assigned to the custody of the division of parole and probation pursuant to this section escapes or violates any of the terms or conditions of his residential confinement:
(a) The division of parole and probation may, pursuant to the procedure set forth in NRS 213.410, return the offender to the custody of the department.
(b) The offender forfeits all or part of the credits for good behavior earned by him before the escape or violation, as determined by the director. The director may provide for a forfeiture of credits pursuant to this paragraph only after proof of the offense and notice to the offender, and may restore credits forfeited for such reasons as he considers proper. The decision of the director regarding such a forfeiture is final.
5. The assignment of an offender to the custody of the division of parole and probation pursuant to this section shall be deemed:
(a) A continuation of his imprisonment and not a release on parole; and
(b) For the purposes of NRS 209.341, an assignment to a facility of the department,
except that the offender is not entitled to obtain any benefits or to participate in any programs provided to offenders in the custody of the department.
6. The director may not assign an offender to the custody of the division of parole and probation pursuant to this section if the offender is sentenced to death or imprisonment for life without the possibility of parole.
7. An offender does not have a right to be assigned to the custody of the division of parole and probation pursuant to this section, or to remain in that custody after such an assignment, and it is not intended that the provisions of this section or of NRS 213.371 to 213.410, inclusive, create any right or interest in liberty or property or establish a basis for any cause of action against the state, its political subdivisions, agencies, boards, commissions, departments, officers or employees.
Sec. 2. NRS 209.392 is hereby amended to read as follows:
209.392 1. Except as otherwise provided in section 1 of this act and NRS 209.429, the director may, at the request of an offender who is eligible for residential confinement pursuant to the standards adopted by the director pursuant to subsection 3 and who has:
(a) Established a position of employment in the community;
(b) Enrolled in a program for education or rehabilitation; or
(c) Demonstrated an ability to pay for all or part of the costs of his confinement and to meet any existing obligation for restitution to any victim of his crime,
assign the offender to the custody of the division of parole and probation of the department of motor vehicles and public safety to serve a term of residential confinement, pursuant to NRS 213.380, for not longer than the remainder of his sentence.
2. Upon receiving a request to serve a term of residential confinement from an eligible offender, the director shall notify the division of parole and probation. If any victim of a crime committed by the offender has, pursuant to subsection 3 of NRS 213.130, requested to be notified of an application for parole and has provided a current address, the division of parole and probation shall notify the victim of the offender's request and advise the victim that he may submit documents regarding the request to the division of parole and probation. If a current address has not been provided as required by subsection 3 of NRS 213.130, the division of parole and probation must not be held responsible if such notification is not received by the victim.
3. The director, after consulting with the division of parole and probation, shall adopt, by regulation, standards providing which offenders are eligible for residential confinement. The standards adopted by the director must provide that an offender who:
(a) Is not eligible for parole or release from prison within a reasonable period;
(b) Has recently committed a serious infraction of the rules of an institution or facility of the department;
(c) Has not performed the duties assigned to him in a faithful and orderly manner;
(d) Has ever been convicted of:
(1) Any crime involving the use or threatened use of force or violence against the victim; or
(2) A sexual offense;
(e) Has more than one prior conviction for any felony in this state or any offense in another state that would be a felony if committed in this state, not including a violation of NRS 484.3792 or 484.3795;
(f) Has escaped or attempted to escape from any jail or correctional institution for adults; or
(g) Has not made an effort in good faith to participate in or to complete any educational or vocational program or any program of treatment, as ordered by the director,
is not eligible for assignment to the custody of the division of parole and probation [of the department of motor vehicles and public safety] to serve a term of residential confinement pursuant to this section.
4. If an offender assigned to the custody of the division of parole and probation pursuant to this section escapes or violates any of the terms or conditions of his residential confinement:
(a) The division of parole and probation may, pursuant to the procedure set forth in NRS 213.410, return the offender to the custody of the department . [of prisons.]
(b) The offender forfeits all or part of the credits for good behavior earned by him before the escape or violation, as determined by the director. The director may provide for a forfeiture of credits pursuant to this paragraph only after proof of the offense and notice to the offender, and may restore credits forfeited for such reasons as he considers proper. The decision of the director regarding such a forfeiture is final.
5. The assignment of an offender to the custody of the division of parole and probation pursuant to this section shall be deemed:
(a) A continuation of his imprisonment and not a release on parole; and
(b) For the purposes of NRS 209.341, an assignment to a facility of the department , [of prisons,]
except that the offender is not entitled to obtain any benefits or to participate in any programs provided to offenders in the custody of the department . [of prisons.
6. A person]
6. An offender does not have a right to be assigned to the custody of the division of parole and probation pursuant to this section, or to remain in that custody after such an assignment, and it is not intended that the provisions of this section or of NRS 213.371 to 213.410, inclusive, create any right or interest in liberty or property or establish a basis for any cause of action against the state, its political subdivisions, agencies, boards, commissions, departments, officers or employees.
Sec. 3. NRS 213.371 is hereby amended to read as follows:
213.371 As used in NRS 213.371 to 213.410, inclusive, unless the context otherwise requires:
1. "Division" means the division of parole and probation of the department of motor vehicles and public safety.
2. "Offender" means a prisoner assigned to the custody of the division pursuant to section 1 of this act or NRS 209.392 or 209.429.
3. "Residential confinement" means the confinement of an offender to his place of residence under the terms and conditions established by the division.
Sec. 4. NRS 213.380 is hereby amended to read as follows:
213.380 1. The division shall establish procedures for the residential confinement of offenders.
2. The division may establish, and at any time modify, the terms and conditions of the residential confinement, except that the division shall:
(a) Require the offender to participate in regular sessions of education, counseling and any other necessary or desirable treatment in the community [;] , unless the offender is assigned to the custody of the division pursuant to section 1 of this act;
(b) Require the offender to be confined to his residence during the time he is [away from his] not:
(1) Engaged in employment or [treatment, or] an activity listed in paragraph (a) that is authorized by the division;
(2) Receiving medical treatment that is authorized by the division; or
(3) Engaged in any other activity that is authorized by the division; and
(c) Require intensive supervision of the offender, including 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 and conditions of his confinement.
3. An electronic device approved by the division may be used to supervise an offender if it is minimally intrusive and limited in capability to recording or transmitting information concerning the offender's presence at his residence, including, but not limited to, the transmission of still visual images which do not concern the offender's activities 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 offender's activities while inside his residence,
must not be used.
Sec. 5. NRS 213.400 is hereby amended to read as follows:
213.400 If an offender is absent, without authorization, from his residence, employment, treatment [or] , including, but not limited to, medical treatment, or any other activity authorized by the division:
1. He shall be deemed an escaped prisoner; and
2. The chief parole and probation officer may issue a warrant for his arrest. A peace officer shall execute the warrant in the same manner as ordinary criminal process.
Sec. 6. NRS 213.1217 is hereby repealed.
Sec. 7. The amendatory provisions of section 6 of this act do not apply to prisoners who are released on parole before July 1, 1997.
Sec. 8. This act becomes effective on July 1, 1997.
TEXT OF REPEALED SECTION
213.1217Release of terminally ill prisoner.
1. The board shall consider and may release on parole a prisoner who is statutorily eligible for parole if:
(a) The physician who provides medical attention to the prisoner finds and certifies that the prisoner is in ill health and expected to die within 6 months; and
(b) Two physicians who are in private practice and are not associated with the department of prisons examine the prisoner and confirm the finding of the physician pursuant to paragraph (a).
2. A prisoner paroled pursuant to subsection 1 must be placed under intensive supervision.
3. For the purposes of this section, a prisoner is statutorily eligible for parole if he:
(a) Is not sentenced to death;
(b) Is not sentenced to imprisonment without the possibility of parole; and
(c) Has served the period required by NRS 213.120.".
Amend the title of the bill to read as follows:
- "AN ACT relating to prisoners; providing for residential confinement of certain prisoners who are terminally ill or physically incapacitated; and providing other matters properly relating thereto.".
- Amend the summary of the bill to read as follows:
- "SUMMARY--Provides for residential confinement of certain prisoners who are terminally ill or physically incapacitated. (BDR 16-317)".
Assemblywoman Giunchigliani moved the adoption of the amendment.
Remarks by Assemblywoman Giunchigliani.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Carpenter moved that Assembly Bill No. 497 be taken from the Chief Clerk's desk and placed on the General File immediately following Assembly Bill No. 595.
Remarks by Assemblyman Carpenter.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 330.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 762.
Amend section 1, page 1, by deleting lines 3 through 8 and inserting:
"1. The governing body may adopt an ordinance that authorizes the director of planning or another person or agency to grant minor deviations from requirements for land use established within a zoning district without conducting a hearing. The ordinance must require an applicant for a minor deviation to obtain the written consent of the owner of any real property that would be affected by the minor deviation.
2. If the director of planning or other authorized person or agency grants a deviation in accordance with its authority delegated pursuant to subsection 1, the director of planning or other authorized person or agency shall ensure that the deviation will not impair the purpose of the zoning district or any regulations adopted by the governing body pursuant to NRS 278.250.
3. An ordinance adopted pursuant to this section must provide an opportunity for an applicant or other aggrieved person to appeal the decision of the director of planning or other authorized person or agency to the governing body.".
Amend the bill as a whole by deleting sec. 2, renumbering sections 3 through 6 as sections 5 through 8 and adding new sections designated sections 2 through 4, following section 1, to read as follows:
"Sec. 2. NRS 278.0145 is hereby amended to read as follows:
278.0145"Final map" means a map prepared in accordance with the provisions of NRS [278.010 to 278.630, inclusive, and] 278.325, 278.360 to 278.460, inclusive, 278.472, 278.4725 or 278.4955 and any applicable local ordinance, which is designed to be placed on record in the office of the county recorder of the county in which any part of the subdivision is located or the recorder of Carson City.
Sec. 3. NRS 278.017 is hereby amended to read as follows:
278.017 "Parcel map" means a map as provided in NRS 278.461, 278.462, 278.463, 278.464 [, 278.466 and 278.467.] or 278.466.
Sec. 4. NRS 278.0201 is hereby amended to read as follows:
278.0201 1. In the manner prescribed by ordinance, a governing body may, upon application of any person having a legal or equitable interest in land, enter into an agreement with that person concerning the development of that land. This agreement must describe the land which is the subject of the agreement and specify the duration of the agreement, the permitted uses of the land, the density or intensity of its use, the maximum height and size of the proposed buildings and any provisions for the dedication of any portion of the land for public use. The agreement may fix the period within which construction must commence and provide for an extension of that deadline.
2. Unless the agreement otherwise provides, the ordinances, resolutions or regulations applicable to that land and governing the permitted uses of that land, density and standards for design, improvements and construction are those in effect at the time the agreement is made.
3. This section does not prohibit the governing body from adopting new ordinances, resolutions or regulations applicable to that land which do not conflict with those ordinances, resolutions and regulations in effect at the time the agreement is made, except that any subsequent action by the governing body must not prevent the development of the land as set forth in the agreement. The governing body is not prohibited from denying or conditionally approving any other plan for development pursuant to any ordinance, resolution or regulation in effect at the time of that denial or approval.
4. The provisions of subsection 2 of NRS 278.315 and NRS 278.350 and 278.360 do not apply if an agreement entered into pursuant to this section contains provisions which are contrary to the respective sections.".
Amend sec. 4, page 3, line 18, by deleting "[Any] An" and inserting "Any".
Amend sec. 4, page 3, line 35, by deleting "[Any] An" and inserting "Any".
Amend sec. 4, page 4, line 20, by deleting "[any] a" and inserting "any".
Amend sec. 4, page 4, line 27, by deleting "[any] a" and inserting "any".
Amend sec. 4, page 4, line 32, by deleting "[Any] An" and inserting "Any".
Amend sec. 5, page 4, by deleting lines 33 through 35 and inserting:
"NRS 278.264 must provide, in substance, the same notice of hearing and conduct of hearing safeguards required by [chapter 233B of NRS for contested cases.] NRS 278.315 or 278.480, whichever is applicable.".
Amend sec. 5, page 4, line 38, by deleting "[any] a" and inserting "any".
Amend sec. 5, page 5, by deleting lines 3 and 4 and inserting:
"an amendment to a zoning boundary.".
Amend sec. 5, page 5, line 6, by deleting "[any] a" and inserting "any".
Amend sec. 6, page 5, by deleting lines 20 and 21 and inserting:
"before the board [or] of adjustment, planning commission or hearing examiner within 65 days after the filing of the application [.] , unless a longer time or a different process of review is provided in an agreement entered into pursuant to NRS 278.0201. A notice setting forth the time, place and purpose of ".
Amend sec. 6, page 5, line 28, by deleting "[Any] An" and inserting "Any".
Amend sec. 6, page 5, by deleting line 43 and inserting:
"board [or] of adjustment, planning commission or hearing examiner to the governing body.".
Amend sec. 6, page 6, line 19, by deleting "[any] a" and inserting "any".
Amend sec. 6, page 6, line 25, by deleting "[any] a" and inserting "any".
Amend the bill as a whole by renumbering sections 7 through 9 as sections 13 through 15 and adding new sections designated sections 9 through 12, following sec. 6, to read as follows:
"Sec. 9. NRS 278.328 is hereby amended to read as follows:
278.328The governing body may, by ordinance, authorize the planning commission to [act finally] take final action on a tentative map and a final map. Any person aggrieved by the commission's action may [, within 7 days after the issuance of the decision,] appeal the commission's decision to the governing body [.] within a reasonable period to be determined, by ordinance, by the governing body.
Sec. 10. NRS 278.330 is hereby amended to read as follows:
278.3301. The initial action in connection with the making of any subdivision is the preparation of a tentative map.
2. The subdivider shall file copies of such map with the planning commission or its designated representative, or with the clerk of the governing body if there is no planning commission, together with a filing fee in an amount determined by the governing body.
3. The commission, its designated representative, the clerk or other designated representative of the governing body or, when [permitted] authorized by the governing body, the subdivider or any other appropriate agency shall distribute copies of the map and any accompanying data to all state and local agencies charged with reviewing the proposed subdivision.
4. If there is no planning commission, the clerk of the governing body shall submit the tentative map to the governing body at its next regular meeting.
5. Except as otherwise provided by subsection 6, if there is a planning commission, it shall [, within 45 days after receiving] :
(a) In a county whose population is 40,000 or more, within 45 days; or
(b) In a county whose population is less than 40,000, within 60 days,
after accepting as a complete application a tentative map, recommend approval, conditional approval or disapproval of the map in a written report filed with the governing body.
6. If the governing body has authorized the planning commission to [act finally] take final action on a tentative map, the planning commission shall [, within 45 days after receiving] :
(a) In a county whose population is 40,000 or more, within 45 days; or
(b) In a county whose population is less than 40,000, within 60 days,
after accepting as a complete application a tentative map, approve, conditionally approve or disapprove the tentative map in the manner provided for in NRS 278.349. It shall file its written decision with the governing body.
Sec. 11. NRS 278.349 is hereby amended to read as follows:
278.3491. Except as otherwise provided in subsection 2, the governing body, if it has not authorized the planning commission to [act finally,] take final action, shall, by a majority vote of the members present, approve, conditionally approve, or disapprove a tentative map filed pursuant to NRS 278.330 [within 30 days] :
(a) In a county whose population is 40,000 or more, within 45 days; or
(b) In a county whose population is less than 40,000, within 60 days,
after receipt of the planning commission's recommendations.
2. If there is no planning commission, the governing body shall approve, conditionally approve or disapprove a tentative map [within 45 days] :
(a) In a county whose population is 40,000 or more, within 45 days; or
(b) In a county whose population is less than 40,000, within 60 days,
after the map is filed with the clerk of the governing body.
3. The governing body, or planning commission if it is authorized to [act finally] take final action on a tentative map, shall consider:
(a) Environmental and health laws and regulations concerning water and air pollution, the disposal of solid waste, facilities to supply water, community or public sewage disposal and, where applicable, individual systems for sewage disposal;
(b) The availability of water which meets applicable health standards and is sufficient in quantity for the reasonably foreseeable needs of the subdivision;
(c) The availability and accessibility of utilities;
(d) The availability and accessibility of public services such as schools, police protection, transportation, recreation and parks;
(e) Conformity with the zoning ordinances and master plan, except that if any existing zoning ordinance is inconsistent with the master plan, the zoning ordinance takes precedence;
(f) General conformity with the governing body's master plan of streets and highways;
(g) The effect of the proposed subdivision on existing public streets and the need for new streets or highways to serve the subdivision;
(h) Physical characteristics of the land such as flood plain, slope and soil;
(i) The recommendations and comments of those entities reviewing the tentative map pursuant to NRS 278.330 to 278.348, inclusive; and
(j) The availability and accessibility of fire protection, including, but not limited to, the availability and accessibility of water and services for the prevention and containment of fires, including fires in wild lands.
4. The governing body or planning commission shall, by a majority vote of the members present, make a final disposition of the tentative map. Any disapproval or conditional approval must include a statement of the reason for that action.
Sec. 12. NRS 278.350 is hereby amended to read as follows:
278.350Unless a longer time is provided in an agreement entered into pursuant to NRS 278.0201:
1. The time limit for acting and reporting on a tentative or final map may be extended by mutual consent of the subdivider and the governing body or planning commission, as the case may be.
2. If no action is taken within the time limits set forth in NRS 278.010 to 278.630, inclusive, a tentative map as filed shall be deemed to be approved, and the clerk of the governing body, or the planning commission if it has been authorized to [act finally,] take final action, shall certify the map as approved.
3. The time limits set forth in NRS 278.010 to 278.630, inclusive, for tentative and final maps are suspended for a period, not to exceed 1 year, during which this state or the Federal Government takes any action to protect the environment or an endangered species which prohibits, stops or delays the processing of a tentative map or the development, processing or recordation of a final map.".
Amend sec. 7, page 6, by deleting lines 33 and 34 and inserting:
"governing body [,] or , the planning commission [if it has been authorized to act finally, a] or the director of planning or other authorized person or agency if authorized to take final action by the governing body, within 2 years after the approval of a tentative map:".
Amend sec. 7, page 6, line 42, by deleting "[any] a" and inserting "any".
Amend sec. 7, page 7, line 4, by deleting "[any] a" and inserting "any".
Amend sec. 8, page 7, line 14, by deleting "Upon" and inserting "[Upon] After".
Amend sec. 8, page 7, line 17, by deleting "[10] 30" and inserting "10".
Amend sec. 8, page 7, line 18, by deleting "received " and inserting:
"accepted as a complete application".
Amend sec. 8, page 7, line 21, after "inclusive," by inserting:
"and section 1 of this act".
Amend sec. 8, page 7, line 35, by deleting "by" and inserting "be".
Amend the bill as a whole by renumbering sections 10 through 12 as sections 26 through 28 and adding new sections designated sections 16 through 25, following sec. 9, to read as follows:
"Sec. 16. NRS 278.390 is hereby amended to read as follows:
278.390 Title to property dedicated or accepted for streets and easements passes when the final map is recorded. If at the time the final map is approved any streets are rejected, the offer of dedication shall be deemed to remain open and the governing body or planning commission may by resolution at any later date, and without further action by the subdivider, rescind its action and accept and open the streets for public use. Such an acceptance must be recorded in the office of the county recorder and be so noted by the recorder on the subdivision [plot,] plat, if the county recorder does not maintain a cumulative index for such [plots] plats and amendments. If such an index is maintained, the county recorder shall direct an appropriate entry for the acceptance or amendment.
Sec. 17. NRS 278.464 is hereby amended to read as follows:
278.464 1. Except as otherwise provided in subsection 2, if there is a planning commission , it shall [, within 45 days after receiving] :
(a) In a county whose population is 40,000 or more, within 45 days; or
(b) In a county whose population is less than 40,000, within 60 days,
after accepting as a complete application a parcel map, recommend approval, conditional approval or disapproval of the map in a written report. The planning commission shall submit the parcel map and the written report to the governing body.
2. If the governing body has authorized the planning commission to [act finally] take final action on a parcel map, the planning commission shall [, within 45 days after receiving] :
(a) In a county whose population is 40,000 or more, within 45 days; or
(b) In a county whose population is less than 40,000, within 60 days,
after accepting as a complete application the parcel map, approve, conditionally approve or disapprove the map. It shall file its written decision with the governing body. Unless the time is extended by mutual agreement, if the planning commission is authorized to [act finally] take final action and it fails to take action within the [45 days after receiving the parcel map,] period specified in this subsection, the parcel map shall be deemed approved.
3. If there is no planning commission or if the governing body has not authorized the planning commission to [act finally,] take final action, the governing body or, by authorization of the governing body, the director of planning or other authorized person or agency shall [, within 45 days after the parcel map is submitted to] :
(a) In a county whose population is 40,000 or more, within 45 days; or
(b) In a county whose population is less than 40,000, within 60 days,
after acceptance of the parcel map as a complete application by the governing body pursuant to subsection 1 or pursuant to subsection 2 of NRS 278.461, review and approve, conditionally approve or disapprove the parcel map. Unless the time is extended by mutual agreement, if the governing body, the director of planning or other authorized person or agency fails to take action within the [45 days after the parcel map is submitted to the governing body,] the period specified in this subsection, the parcel map shall be deemed approved.
4. Except as otherwise provided in NRS 278.463, if unusual circumstances exist, a governing body or, if authorized by the governing body, the planning commission may waive the requirement for a parcel map. Before waiving the requirement for a parcel map, a determination must be made by the county surveyor, city surveyor or professional land surveyor appointed by the governing body that a survey is not required. Unless the time is extended by mutual agreement, a request for a waiver must be acted upon [within 45 days] :
(a) In a county whose population is 40,000 or more, within 45 days; or
(b) In a county whose population is less than 40,000, within 60 days,
after the date of the request for the waiver, or , in the absence of action , the waiver shall be deemed approved.
5. An applicant or other person aggrieved by a decision of the governing body's authorized representative or by a final act of the planning commission may appeal to the governing body within [30 days.] a reasonable period to be determined, by ordinance, by the governing body. The governing body shall render its decision [within 45 days] :
(a) In a county whose population is 40,000 or more, within 45 days; or
(b) In a county whose population is less than 40,000, within 60 days,
after the date the appeal is filed.
6. If a parcel map and the associated division of land are approved or deemed approved pursuant to this section, the approval must be noted on the map in the form of a certificate attached thereto and executed by the clerk of the governing body, the governing body's designated representative or the chairman of the planning commission.
Sec. 18. NRS 278.468 is hereby amended to read as follows:
278.468 1. If a parcel map is approved or deemed approved pursuant to NRS 278.464, the preparer of the map shall:
(a) [Record] Cause the approved map to be recorded in the office of the county recorder within 1 year after the date the map met all conditions required for approval. The map must be accompanied by a written statement signed by the treasurer of the county in which the land to be divided is located indicating that all property taxes on the land for the fiscal year have been paid.
(b) Pay a $17 fee to the county recorder for filing and indexing.
2. Upon receipt of a parcel map, the county recorder shall file the map in a suitable place. He shall keep proper indexes of parcel maps by the name of grant, tract, subdivision or United States subdivision.
Sec. 19. NRS 278.4713 is hereby amended to read as follows:
278.4713 1. Unless the filing of a tentative map is waived, [any] a person who proposes to make a division of land [shall first file] pursuant to NRS 278.471 to 278.4725, inclusive, must first:
(a) File a tentative map for the area in which the land is located with the planning commission [for the area in which the land is located,] , or its designated representative or with the clerk of the governing body if there is no planning commission ; [,] and
(b) Pay a filing fee of no more than $250 set by the governing body.
2. This map must be:
(a) Entitled "Tentative Map of Division into Large Parcels"; and
(b) Prepared and certified by a professional land surveyor.
3. This map must show:
(a) The approximate, calculated or actual acreage of each lot and the total acreage of the land to be divided.
(b) Any roads or easements of access which exist, are proposed in the applicable master plan or are proposed by the person who intends to divide the land.
(c) Any easements for public utilities which exist or which are proposed.
(d) Any existing easements for irrigation or drainage, and any normally continuously flowing watercourses.
(e) An indication of any existing road or easement which the owner does not intend to dedicate.
(f) The name and address of the owner of the land.
Sec. 20. NRS 278.4715 is hereby amended to read as follows:
278.4715 1. The planning commission or, if there is no planning commission, the governing body or its authorized representative may waive the requirement of filing the tentative map.
2. If the tentative map is filed with the planning commission or with the governing body [,] or its authorized representative, the planning commission or the governing body or its authorized representative may within 60 days after the filing of the tentative map designate the location and width of any easements for roads and public utilities as shown on the master plan if there is one applicable to the area to be divided, or designate the location and width of any easements for roads and public utilities which may be reasonably necessary to serve the area to be divided if there is no master plan.
3. The planning commission or the governing body [has no right to designate any easements] or its authorized representative shall not designate an easement after the expiration of 60 days from the filing of the tentative map.
Sec. 21. NRS 278.472 is hereby amended to read as follows:
278.472 1. After the planning commission or the governing body or its authorized representative has approved the tentative map or waived the requirement of its filing, or 60 days after the date of its filing, whichever is earlier, the person who proposes to divide the land may file a final map of the division with the governing body or [,] its authorized representative or, if authorized by [local ordinance,] the governing body, with the planning commission. The map must be accompanied by a written statement signed by the treasurer of the county in which the land to be divided is located indicating that all property taxes on the land for the fiscal year have been paid.
2. This map must be:
(a) Entitled "Map of Division into Large Parcels."
(b) Filed with the governing body or its authorized representative or, if authorized by the governing body, with the planning commission not later than 1 year after the date that the tentative map was first filed with the planning commission or the governing body or its authorized representative or that the requirement of its filing was waived.
(c) Prepared by a professional land surveyor.
(d) Based upon an actual survey by the preparer and show the date of the survey and contain the certificate of the surveyor required pursuant to NRS 278.375.
(e) Clearly and legibly drawn in permanent black ink upon good tracing cloth or produced by the use of other materials of a permanent nature generally used for this purpose in the engineering profession. Affidavits, certificates and acknowledgments must be legibly stamped or printed upon the map with permanent black ink.
(f) Twenty-four by 32 inches in size with a marginal line drawn completely around each sheet, leaving an entirely blank margin of 1 inch at the top, bottom, and right edges, and of 2 inches at the left edge along the 24-inch dimension.
(g) Of scale large enough to show clearly all details.
3. The particular number of the sheet and the total number of sheets comprising the map must be stated on each of the sheets, and its relation to each adjoining sheet must be clearly shown.
4. This map must show and define:
(a) All subdivision lots by the number and actual acreage of each lot.
(b) Any roads or easements of access which exist and which the owner intends to offer for dedication, any roads or easements of access which are shown on the applicable master plan and any roads or easements of access which are specially required by the planning commission or the governing body [.] or its authorized representative.
(c) Any easements for public utilities which exist or are proposed.
(d) Any existing easements for irrigation or drainage, and any normally continuously flowing watercourses.
Sec. 22. NRS 278.4725 is hereby amended to read as follows:
278.4725 1. Except as otherwise provided in this section, if the governing body [or] has authorized the planning commission to take final action on a final map, the planning commission shall approve, conditionally approve or disapprove the final map , basing its action upon the requirements of NRS 278.472 [, within 45 days after its filing. A decision made by the planning commission may be appealed to the governing body by any aggrieved person within 45 days after the action of the planning commission.] :
(a) In a county whose population is 40,000 or more, within 45 days; or
(b) In a county whose population is less than 40,000, within 60 days,
after accepting the final map as a complete application. The planning commission shall file its written decision with the governing body. Except as otherwise provided in subsection 5, or unless the time is extended by mutual agreement, if the planning commission is authorized to take final action and it fails to take action within the period specified in this subsection, the final map shall be deemed approved unconditionally.
2. If there is no planning commission or if the governing body has not authorized the planning commission to take final action, the governing body or its authorized representative shall approve, conditionally approve or disapprove the final map, basing its action upon the requirements of NRS 278.472:
(a) In a county whose population is 40,000 or more, within 45 days; or
(b) In a county whose population is less than 40,000, within 60 days,
after the final map is accepted as a complete application. Except as otherwise provided in subsection 5 or unless the time is extended by mutual agreement, if the governing body or its authorized representative fails to take action within the period specified in this subsection, the final map shall be deemed approved unconditionally.
3. An applicant or other person aggrieved by a decision of the authorized representative of the governing body or by a final act of the planning commission may appeal to the governing body within a reasonable period to be determined, by ordinance, by the governing body. The governing body shall render its decision:
(a) In a county whose population is 40,000 or more, within 45 days; or
(b) In a county whose population is less than 40,000, within 60 days,
after the date on which the appeal is filed.
4. If the map is disapproved, the governing body or its authorized representative or the planning commission shall return the map to the person who proposes to divide the land, with the reason for its action and a statement of the changes necessary to render the map acceptable. [Except as otherwise provided in subsection 2, if the governing body or planning commission neither approves nor disapproves the map within 45 days, the map shall be deemed approved unconditionally.
2.] 5. If the final map divides the land into 16 lots or more, the governing body or its authorized representative or the planning commission shall not approve a map, and a map shall not be deemed approved, unless:
(a) Each lot contains an access road that is suitable for use by emergency vehicles; and
(b) The corners of each lot are set by a professional land surveyor.
[3.] 6. If the final map divides the land into 15 lots or less, the governing body or its authorized representative or the planning commission may, if reasonably necessary, require the map to comply with the provisions of subsection [2.
4.] 5.
7. Upon approval, the map must be filed with the county recorder. Filing with the county recorder operates as a continuing:
(a) Offer to dedicate for public roads the areas shown as proposed roads or easements of access, which the governing body may accept in whole or in part at any time or from time to time.
(b) Offer to grant the easements shown for public utilities, which any public utility may similarly accept without excluding any other public utility whose presence is physically compatible.
[5.] 8. The map filed with the county recorder must include:
(a) A certificate signed and acknowledged by each owner of land to be divided consenting to the preparation of the map, the dedication of the roads and the granting of the easements.
(b) A certificate signed by the clerk of the governing body or authorized representative of the governing body or the secretary to the planning commission that the map was approved, or the affidavit of the person presenting the map for filing that the time limited by subsection 1 or 2 for action by the governing body or its authorized representative or the planning commission has expired and that the requirements of subsection [2] 5 have been met.
(c) A written statement signed by the treasurer of the county in which the land to be divided is located indicating that all property taxes on the land for the fiscal year have been paid.
[6.] 9. A governing body may by local ordinance require a final map to include:
(a) A report from a title company which lists the names of:
(1) Each owner of record of the land to be divided; and
(2) Each holder of record of a security interest in the land to be divided, if the security interest was created by a mortgage or a deed of trust.
(b) The signature of each owner of record of the land to be divided.
(c) The written consent of each holder of record of a security interest listed pursuant to subparagraph (2) of paragraph (a), to the preparation and recordation of the final map. A holder of record may consent by signing:
(1) The final map; or
(2) A separate document that is filed with the final map and declares his consent to the division of land.
[7.] 10. After a map has been filed with the county recorder, any lot shown thereon may be conveyed by reference to the map, without further description.
[8.] 11. The county recorder shall charge and collect for recording the map a fee of not more than $35 per page set by the board of county commissioners.
Sec. 23. NRS 278.473 is hereby amended to read as follows:
278.473 1. To correct an error or omission in [,] or to amend any recorded subdivision plat, record of survey, parcel map, map of division into large parcels [,] or reversionary map, if the correction or amendment does not change or purport to change the physical location of any survey monument, property line or boundary line, a certificate of amendment must be requested and recorded pursuant to this section.
2. A certificate of amendment may be requested by:
(a) The county surveyor to make a correction or amendment which affects land located within the boundaries of an unincorporated area or Carson City;
(b) The city surveyor or a professional land surveyor appointed by the governing body of the city to make a correction or amendment which affects land located within an incorporated city; [or]
(c) The planning commission if authorized by local ordinance [.] ; or
(d) A professional land surveyor registered pursuant to chapter 625 of NRS.
3. If a certificate of amendment is requested to correct or amend a record of survey, the surveyor who:
(a) [Made the survey which is to be amended;] Requests the certificate of amendment; or
(b) Is responsible for [the] an error or omission which is to be corrected,
shall prepare and record the certificate of amendment within 90 days after he receives notification of the request made pursuant to subsection 2. If the surveyor is no longer professionally active, the county surveyor, city surveyor or a professional land surveyor appointed by the governing body shall prepare and file the certificate.
4. The certificate of amendment must:
(a) Be in the form of a letter addressed to the county surveyor, the city surveyor, a professional land surveyor appointed by the governing body of the city or, if authorized by local ordinance, the planning commission;
(b) Specify the title, legal description and recording date of the document being corrected or amended;
(c) Concisely state the data being changed and the correction or amendment;
(d) Be dated, signed and sealed by the surveyor preparing the certificate; and
(e) Contain the following statement, dated and signed by the county surveyor, city surveyor or a professional land surveyor appointed by the governing body:
- I hereby certify that I have examined the certificate of amendment and that the changes to the original document specified therein are provided for in applicable sections of NRS 278.010 to 278.630, inclusive, 625.340 to 625.380, inclusive, and local ordinances adopted pursuant thereto, and I am satisfied that this certificate of amendment so amends or corrects the document as to make it technically correct.
5. Upon the recording of a certificate of amendment, the county recorder shall cause a proper notation to be entered upon all recorded sheets of the original document being amended, if the county recorder does not maintain a cumulative index for such maps and amendments. If such an index is maintained, the county recorder shall direct an appropriate entry for the amendment.
Sec. 24. NRS 278.475 is hereby amended to read as follows:
278.475 1. To correct an error or omission in or to amend any recorded subdivision plat, record of survey, parcel map, map of division into large parcels [,] or reversionary map, if the correction or amendment changes or purports to change the physical location of any survey monument, property line or boundary line, an amended plat, survey or map must be requested and recorded pursuant to this section.
2. An amended plat, survey or map [, which corrects an error or omission,] may be requested by:
(a) The county surveyor to make a correction or amendment which affects land located within the boundaries of an unincorporated area or Carson City;
(b) The city surveyor or a professional land surveyor appointed by the governing body of the city to make a correction or amendment which affects land located within an incorporated city; [or]
(c) The planning commission if authorized by local ordinance [.] ; or
(d) A professional land surveyor registered pursuant to chapter 625 of NRS.
3. Except as otherwise provided in this subsection, a surveyor who [performed] :
(a) Performed the survey [is] ; or
(b) Is responsible for [the] an error or omission which is to be corrected , [and]
shall prepare and record the amended plat, survey or map within 90 days after he receives notification of the request made pursuant to subsection 2. The time within which the surveyor must prepare and record the amended plat, survey or map may be extended by the county surveyor, the city surveyor or a professional land surveyor appointed by the governing body of the city or the planning commission. If the surveyor who performed the survey or is responsible for the error or omission is no longer professionally active, the county surveyor, city surveyor or a professional land surveyor appointed by the governing body shall prepare and file the amended plat, survey or map.
Sec. 25. NRS 278.477 is hereby amended to read as follows:
278.477 1. In addition to the requirements of subsection 2, an amendment of a recorded subdivision plat, parcel map, map of division into large parcels [,] or record of survey which changes or purports to change the physical location of any survey monument, property line or boundary line is subject to the following requirements:
(a) If the proposed amendment is to a parcel map, map of division into large parcels [,] or record of survey, the same procedures and requirements apply as in the original filing.
(b) If the proposed amendment is to a subdivision plat, only those procedures for the approval and filing of a final map.
2. Any amended subdivision plat, parcel map , map of division into large parcels or record of survey required pursuant to subsection 1 must:
(a) Be identical in size and scale to the document being amended, drawn in the manner and on the material provided by law;
(b) Have the words "Amended Plat of " prominently displayed on each sheet above the title of the document amended;
(c) Have a blank margin for the county recorder's index information;
(d) Have a 3-inch square adjacent to and on the left side of the existing square for the county recorder's information and stamp; and
(e) [Contain or be accompanied by the report of a title company and the certificate required by NRS 278.374 or an order of the district court of the county in which the land is located that the amendment may be approved without all the necessary signatures if the order is based upon a finding that a bona fide effort was made to communicate with the necessary persons, that all persons who responded have consented thereto and that the amendment does not adversely affect the persons who did not respond;
(f)] Contain a certificate of the professional land surveyor registered pursuant to chapter 625 of NRS who prepared the amendment stating that it complies with all pertinent sections of NRS 278.010 to 278.630, inclusive, and 625.340 to 625.380, inclusive, and with any applicable local ordinance . [; and
(g) For a survey recorded in support of an adjusted boundary, contain a certificate executed by the appropriate county surveyor, county engineer, city surveyor or city engineer, if he is registered as a professional land surveyor or civil engineer pursuant to chapter 625 of NRS stating that he has examined the document and that it is technically correct.]
3. Any amended subdivision plat, parcel map, map of division into large parcels or record of survey that is recorded in support of an adjusted boundary must:
(a) Contain or be accompanied by the report of a title company and the certificate required by NRS 278.374 or an order of the district court of the county in which the land is located that the amendment may be approved without all the necessary signatures if the order is based upon a finding that:
(1) A bona fide effort was made to notify the necessary persons;
(2) All persons who responded to the notice have consented to the amendment; and
(3) The amendment does not adversely affect the persons who did not respond; and
(b) Contain a certificate executed by the appropriate county surveyor, county engineer, city surveyor or city engineer, if he is registered as a professional land surveyor or civil engineer pursuant to chapter 625 of NRS, stating that he has examined the document and that it is technically correct.
4. Upon recording the amended document, the county recorder shall cause a proper notation to be entered upon all recorded sheets of the document being amended, if the county recorder does not maintain a cumulative index for such maps and amendments. If such an index is maintained, the county recorder shall direct an appropriate entry for the amendment.".
Amend sec. 10, page 8, line 2, by deleting "[any] an" and inserting "any".
Amend sec. 10, page 8, by deleting line 4 and inserting:
"any street or easement owned by a city or county, or any portion".
Amend sec. 10, page 8, line 11, by deleting:
"procedural requirements of " and inserting:
"requirements for notification of public hearing set forth in".
Amend sec. 10, page 8, by deleting lines 14 and 15 and inserting:
"3. Whenever any street or easement owned by a city or a county is proposed to be vacated, the governing body, or the planning commission or hearing examiner if authorized to take final action by the governing body, shall".
Amend sec. 10, page 8, line 23, by deleting:
"or planning commission" and inserting:
", or the planning commission or hearing examiner if authorized to take final action by the governing body,".
Amend sec. 10, page 8, line 25, by deleting:
"or planning commission" and inserting:
", or the planning commission or hearing examiner if authorized to take final action by the governing body,".
Amend sec. 10, page 8, by deleting lines 27 through 32 and inserting:
"fulfillment of the conditions prescribed. An applicant or other person aggrieved by the decision of the planning commission or hearing examiner may appeal to the governing body within a reasonable period to be determined, by ordinance, by the governing body.
5. If a utility has an easement over the property, the governing body , or the planning commission or hearing examiner if authorized to take final action by the governing body, shall provide in its order for the continuation of that easement.".
Amend sec. 10, page 8, line 41, by deleting "city." and inserting:
"city [.] or county.".
Amend sec. 10, page 9, line 1, by deleting "[any] a" and inserting "any".
Amend sec. 10, page 9, by deleting lines 17 through 21 and inserting:
"9. In any vacation or abandonment of any street owned by a city or a county, or any portion thereof, the governing body , or the planning commission or hearing examiner if authorized to take final action by the governing body, may reserve and except therefrom [any] all easements, rights or interests therein which the governing body , or the planning commission or hearing examiner if authorized to take final action by the governing body, deems desirable for the use of the city , the county or [of] any public utility.".
Amend sec. 11, page 9, line 26, by deleting:
"[Any] An owner or a" and inserting:
"Any owner or".
Amend sec. 11, page 9, line 27, by deleting "[any] a" and inserting "any".
Amend sec. 11, page 9, line 29, by deleting "map," and inserting:
"map recorded under the same tentative map if the parcels to be reverted are contiguous,".
Amend sec. 11, page 9, line 40, by deleting "[any] a" and inserting "any".
Amend sec. 11, page 9, line 44, by deleting "[any] a" and inserting "any".
Amend sec. 11, page 10, between lines 6 and 7 by inserting:
"5. As used in this section, "contiguous" means either abutting directly on the boundary or separated by a street, alley, public right of way, creek, river or the right of way of a railroad or other public service corporation."
Amend sec. 12, page 10, line 13, by deleting:
"[any] a street or an" and inserting:
"any street or".
Amend the title of the bill to read as follows:
- "AN ACT relating to local governments and the division of land; revising various provisions relating to maps of subdivisions of land; authorizing professional land surveyors to request the correction or amendment of certain maps; revising the procedures governing the review of an application for the granting of a variance, special use permit or special exception in certain circumstances; allowing a local government to authorize a planning commission or certain persons to make decisions relating to certain matters of planning and zoning; providing a procedure for an appeal of such decisions; revising the provisions governing the acquisition, vacation or abandonment of certain real property by a local government; requiring that certain signs remain erected until the final disposition of certain applications; expanding the duties of a hearing examiner; revising the requirements relating to final maps and maps of reversion; revising the period during which certain decisions regarding a parcel map may be appealed; authorizing approval of the vacation or abandonment of a street or easement in conjunction with approval of a tentative map; and providing other matter properly relating thereto.".
Assemblyman Parks moved the adoption of the amendment.
Remarks by Assemblyman Parks.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 469.
Bill read second time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 699.
Amend the bill as a whole by deleting section 1 and adding new sections designated sections 1, 1.3 and 1.7, following the enacting clause, to read as follows:
"Section 1. Chapter 386 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.3 and 1.7 of this act.
Sec. 1.3. 1. The department shall establish and maintain a statewide automated system of information concerning pupils. The system must be designed to improve the ability of the department, school districts and the public schools in this state to account for the pupils who are enrolled in the public schools.
2. The board of trustees of each school district shall:
(a) Adopt and maintain the program for the collection, maintenance and transfer of data from the records of individual pupils to the statewide automated system of information, including, without limitation, the development of plans for the educational technology which is necessary to adopt and maintain the program;
(b) Provide to the department electronic data concerning pupils as required by the superintendent of public instruction pursuant to subsection 3; and
(c) Ensure that an electronic record is maintained in accordance with subsection 3 of section 1.7 of this act.
3. The superintendent of public instruction shall:
(a) Prescribe the data to be collected and reported to the department by each school district pursuant to subsection 2;
(b) Prescribe the format for the data;
(c) Prescribe the date by which each school district shall report the data;
(d) Provide technical assistance to each school district to ensure that the data from each school in the district is compatible with the statewide automated system of information and comparable to the data reported by other school districts; and
(e) Provide for the analysis and reporting of the data in the statewide automated system of information.
Sec. 1.7. 1. The department, the school districts and the public schools shall, in operating the statewide automated system of information established pursuant to section 1.3 of this act, comply with the provisions of:
(a) For all pupils, the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g, and any regulations adopted pursuant thereto; and
(b) For pupils with disabilities who are enrolled in programs of special education, the provisions governing access to education records and confidentiality of information prescribed in the Individuals with Disabilities Education Act, 20 U.S.C. § 1417(c), and the regulations adopted pursuant thereto.
2. Except as otherwise provided in 20 U.S.C. § 1232g(b) and any other applicable federal law, a public school shall not release the education records of a pupil to a person or an agency of a federal, state or local government without the written consent of the parent or legal guardian of the pupil.
3. In addition to the record required pursuant to 20 U.S.C. §1232g(b)(4)(A), each school district shall maintain within the statewide automated system of information an electronic record of all persons and agencies who have requested the education record of a pupil or obtained access to the education record of a pupil, or both, pursuant to 20 U.S.C. § 1232g. The electronic record must be maintained and may only be disclosed in accordance with the provisions of 20 U.S.C. § 1232g.
4. The right accorded to a parent or legal guardian of a pupil pursuant to subsection 2 devolves upon the pupil on the date on which he attains the age of 18 years.
5. As used in this section, unless the context otherwise requires, "education records" has the meaning ascribed to it in 20 U.S.C. § 1232g(a)(4).".
Amend sec. 3, page 2, line 42, by deleting "1" and inserting "1.3".
Amend sec. 8, page 4, by deleting lines 1 and 2 and inserting:
"Sec. 8. This act becomes effective on July 1, 1997.".
Amend the title of the bill, fourth line, after "pupils;" by inserting:
"requiring the department of education, school districts and public schools to comply with certain provisions of federal law governing the release of certain information concerning pupils;".
Amend the summary of the bill, second line, by deleting the period and inserting:
"and requires department, school districts and public schools to comply with certain provisions of federal law.".
Assemblywoman Tiffany moved the adoption of the amendment.
Remarks by Assemblywoman Tiffany.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 537.
Bill read second time and ordered to third reading.
Assembly Bill No. 545.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 656.
Amend sec. 4, page 2, by deleting sec. 4 and inserting:
"Sec. 4. (Deleted by amendment.)".
Amend sec. 5, page 3, by deleting lines 1 and 2 and inserting:
"laboratory of his choice that is certified by the Department of Health and Human Services.".
Amend sec. 6, page 3, line 18, by deleting "4 or ".
Amend sec. 8, page 4, by deleting line 4 and inserting:
"the Department of Health and Human Services.".
Amend sec. 8, page 4, by deleting line 22 and inserting:
"his choice certified by the Department of Health and Human Services.".
Amend sec. 14, page 5, by deleting sec. 14 and inserting:
"Sec. 14. (Deleted by amendment.)".
Amend sec. 15, page 6, line 1, by deleting "National ".
Amend sec. 15, page 6, by deleting line 2 and inserting:
"Department of Health and Human Services.".
Amend sec. 16, page 6, line 15, by deleting "14 or".
Amend sec. 18, page 6, by deleting line 41 and inserting:
"the Department of Health and Human Services.".
Amend sec. 18, page 7, by deleting line 15 and inserting:
"his choice certified by the Department of Health and Human Services.".
Amend sec. 22, page 8, line 43, after "3." by inserting:
"Any common motor carrier of passengers who operates or permits the operation of a vehicle in passenger service without a certificate of public convenience and necessity issued pursuant to NRS 706.391 is guilty of a gross misdemeanor. If a law enforcement officer witnesses a violation of this subsection, he may cause the vehicle to be towed immediately from the scene.
4.".
Amend sec. 22, page 9, line 1, by deleting "4." and inserting "[4.] 5.".
Amend sec. 25, page 10, line 13, after "misdemeanor." by inserting:
"If a law enforcement officer witnesses a violation of this subsection, he may cause the vehicle to be towed immediately from the scene.".
Amend sec. 27, line 24, page 10, by deleting:
"October 1, 1997." and inserting:
"the effective date of this act.".
Amend sec. 28, page 10, by deleting lines 25 through 28 and inserting:
"Sec. 28. This act becomes effective upon passage and approval.".
Amend the title of the bill to read as follows:
- "AN ACT relating to motor carriers; requiring the testing of certain persons who work with taxicabs for the presence of alcohol and controlled substances; imposing certain duties with regard to such testing on taxicab motor carriers and certain certificate holders for the operation of a taxicab business; providing for the confidentiality of such testing; requiring the public service commission of Nevada and the taxicab authority to adopt regulations concerning such testing; authorizing a law enforcement officer under certain circumstances to tow certain vehicles being operated without a certificate of public convenience; providing a penalty; and providing other matters properly relating thereto.".
Assemblyman Collins moved the adoption of the amendment.
Remarks by Assemblyman Collins.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 557.
Bill read second time.
The following amendment was proposed by the Committee on Health and Human Services:
Amendment No. 698.
Amend the bill as a whole by deleting sections 1 through 4, renumbering sec. 5 as sec. 3 and adding new sections designated sections 1 and 2, following the enacting clause, to read as follows:
"Section 1. NRS 432A.077 is hereby amended to read as follows:
432A.077 1. The board shall adopt:
(a) Licensing standards for child care facilities.
(b) In consultation with the state fire marshal, plans and requirements to ensure that each child care facility and its staff is prepared to respond to emergencies, including, without limitation:
(1) The conducting of fire drills on a monthly basis;
(2) The adoption of plans to respond to natural disasters and emergencies other than those involving fire; and
(3) The adoption of plans to provide for evacuation of child care facilities in an emergency.
(c) Such other regulations as it deems necessary or convenient to carry out the provisions of this chapter.
2. The board shall require that the practices and policies of each child care facility provide adequately for the protection of the health and safety and the physical, moral and mental well-being of each child accommodated in the facility.
3. If the board finds that the practices and policies of a child care facility are substantially equivalent to those required by the board in its regulations, it may waive compliance with a particular standard or other regulation by that facility.
Sec. 2. NRS 432A.180 is hereby amended to read as follows:
432A.180 1. Any authorized member or employee of the bureau may enter and inspect any building or premises of a child care facility or the area of operation of an outdoor youth program at any time to secure compliance with or prevent a violation of any provision of this chapter.
2. The state fire marshal or his designate [may enter] shall, at least annually:
(a) Enter and inspect [any] every building or premises of a child care facility, on behalf of the bureau [,] ; and
(b) Observe and make recommendations regarding the drills conducted pursuant to section 1 of this act,
to secure compliance with standards for safety from fire [.] and other emergencies.
3. The state health officer or his designate shall enter and inspect at least annually, every building or premises of a child care facility and area of operation of an outdoor youth program, on behalf of the bureau, to secure compliance with standards for health and sanitation.".
Amend sec. 5, page 2, by deleting lines 19 through 21 and inserting:
"Sec. 3. 1. This section and section 1 of this act become effective on July 1, 1997, to facilitate the adoption of the prescribed regulations.
2. Section 2 of this act becomes effective on October 1, 1997.".
Amend the title of the bill to read as follows:
- "AN ACT relating to child care facilities; requiring the board for child care to adopt certain requirements regarding preparedness for emergencies at such facilities; and providing other matters properly relating thereto.".
Amend the summary of the bill to read as follows:
- "SUMMARY--Requires board for child care to adopt certain requirements regarding preparedness for emergencies at child care facilities. (BDR 38-1156)".
Assemblywoman Freeman moved the adoption of the amendment.
Remarks by Assemblywoman Freeman.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 568.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 724.
Amend section 1, page 1, by deleting lines 5 and 6 and inserting:
"transportation along:
(a) The corridors of Charleston Boulevard and Sahara Avenue; and
(b) Any other corridors within Clark County that the Regional Transportation Commission deems suitable for the location of such a system.".
Amend the title of the bill, third line, by deleting:
"a certain part" and inserting "certain parts".
Amend the summary of the bill, third line, by deleting "part" and inserting "parts".
Assemblywoman Chowning moved the adoption of the amendment.
Remarks by Assemblywoman Chowning.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 72.
Bill read second time and ordered to third reading.
Senate Bill No. 115.
Bill read second time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 690.
Amend section 1, page 2, by deleting line 1 and inserting:
"3. Alcohol and drug abuse programs that are primarily directed toward the prevention of such abuse.".
Assemblywoman Evans moved the adoption of the amendment.
Remarks by Assemblywoman Evans.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 158.
Bill read second time and ordered to third reading.
Senate Bill No. 170.
Bill read second time and ordered to third reading.
Senate Bill No. 171.
Bill read second time and ordered to third reading.
Senate Bill No. 205.
Bill read second time and ordered to third reading.
Senate Bill No. 217.
Bill read second time and ordered to third reading.
Senate Bill No. 228.
Bill read second time and ordered to third reading.
Senate Bill No. 296.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 730.
Amend the bill as a whole by deleting section 1 and renumbering sections 2 and 3 as sections 1 and 2.
Amend sec. 2, page 2, by deleting lines 31 through 34 and inserting:
"3. A shooting range does not constitute a nuisance with respect to any noise attributable to the shooting range if the shooting range is in compliance with the provisions of all applicable statutes, ordinances and regulations concerning noise:
(a) As those provisions existed on October 1, 1997, for a shooting range in operation on or before October 1, 1997; or
(b) As those provisions exist on the date that the shooting range begins operation, for a shooting range that begins operation after October 1, 1997.
A shooting range is not subject to any state or local law related to the control of noise that is adopted or amended after the date set forth in paragraph (a) or (b), as applicable, and does not constitute a nuisance for failure to comply with any such law.".
Amend sec. 3, page 3, by deleting lines 28 through 31 and inserting:
"5. A shooting range is not a public nuisance with respect to any noise attributable to the shooting range if the shooting range is in compliance with the provisions of all applicable statutes, ordinances and regulations concerning noise:
(a) As those provisions existed on October 1, 1997, for a shooting range that begins operation on or before October 1, 1997; or
(b) As those provisions exist on the date that the shooting range begins operation, for a shooting range in operation after October 1, 1997.
A shooting range is not subject to any state or local law related to the control of noise that is adopted or amended after the date set forth in paragraph (a) or (b), as applicable, and does not constitute a nuisance for failure to comply with any such law.".
Amend the bill as a whole by adding new sections designated sections 3 through 5, following sec. 3, to read as follows:
"Sec. 3. NRS 244.363 is hereby amended to read as follows:
244.363[The] Except as otherwise provided in subsection 3 of NRS 40.140 and subsection 5 of NRS 202.450, the boards of county commissioners in their respective counties may, by ordinance regularly enacted, regulate, control and prohibit, as a public nuisance, excessive noise which is injurious to health or which interferes unreasonably with the comfortable enjoyment of life or property within the boundaries of the county.
Sec. 4. NRS 266.335 is hereby amended to read as follows:
266.335The city council may:
1. [Determine] Except as otherwise provided in subsection 3 of NRS 40.140 and subsection 5 of NRS 202.450, determine by ordinance what shall be deemed nuisances.
2. Provide for the abatement, prevention and removal of such nuisances at the expense of the person creating, causing or committing such nuisances.
3. Provide that such expense of removal [shall be] is a lien upon the property upon which the nuisance is located. Such lien [shall:] must:
(a) Be perfected by filing with the county recorder a statement by the city clerk of the amount of expenses due and unpaid and describing the property subject to the lien.
(b) Be coequal with the latest lien thereon to secure the payment of general taxes.
(c) Not be subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.
(d) Be prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.
4. Provide any other penalty or punishment of persons responsible for such nuisances.
Sec. 5. NRS 268.412 is hereby amended to read as follows:
268.412[The] Except as otherwise provided in subsection 3 of NRS 40.140 and subsection 5 of NRS 202.450, the city council or other governing body of a city may, by ordinance regularly enacted, regulate, control and prohibit, as a public nuisance, excessive noise which is injurious to health or which interferes unreasonably with the comfortable enjoyment of life or property within the boundaries of the city.".
Amend the title of the bill by deleting the second and third lines and inserting:
"nuisance in certain circumstances; and providing".
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Senate Bill No. 320.
Bill read second time and ordered to third reading.
Senate Joint Resolution No. 18.
Resolution read second time and ordered to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblywoman de Braga moved that Assembly Bill No. 537 be re-referred to the Committee on Ways and Means.
Motion carried.
Assemblywoman Chowning moved that Assembly Bill No. 546 be taken from the Chief Clerk's desk and placed on the Second Reading File.
Remarks by Assemblywoman Chowning.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 546.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 707.
Amend sec. 3, pages 2 and 3, by deleting lines 20 through 43 on page 2 and lines 1 through 12 on page 3 and inserting:
"482.363 1. [Any person, other than an owner of a vehicle who leases it to a carrier and operates the vehicle pursuant to that lease, or a new or used vehicle dealer, licensed under the provisions of NRS 482.325,] Except as otherwise provided in subsection 6, a person who engages in the leasing of vehicles in this state as a long-term or short-term lessor [,] shall:
(a) Secure a license from the department to conduct the leasing business;
(b) Post a bond;
(c) Furnish the department with any other information as may be required;
(d) Comply with the terms and conditions of this chapter which apply to vehicle dealers; and
(e) Pay a license fee of $125.
2. Except as otherwise provided in subsection 6, a short-term lessor shall, in addition to the license fee specified in subsection 1, pay a fee of $125 for each branch to be operated pursuant to the license.
3. Any person employed by a long-term lessor licensed under the provisions of subsection 1 who engages in the practice of arranging or selling such services, and any person employed by a short-term lessor who sells, offers or displays for sale or exchange vehicles which are owned by such short-term lessor shall, before commencing operations, and annually thereafter:
(a) Secure from the department a license to act as a salesman of such services; and
(b) Comply with the terms and conditions which apply to salesmen of vehicles as specified in NRS 482.362.
[3.] 4. Licenses issued pursuant to subsection 1 expire on December 31 of each year. Before December 31 of each year, licensees shall furnish the department with an application for renewal of the license accompanied by an annual renewal fee of $50. Except as otherwise provided in subsection 6, a short-term lessor shall, in addition to the annual renewal fee, pay an annual fee of $50 for each branch to be operated pursuant to the license. The renewal application must be provided by the department and must contain information required by the department.
[4.] 5. The provisions of NRS 482.352, relating to the denial, revocation or suspension of licenses, apply to licenses issued pursuant to the provisions of subsection 1. The provisions of NRS 482.362, relating to the denial, revocation, suspension and transfer of vehicle salesmen's licenses, apply to licenses issued pursuant to the provisions of subsection [2.
5.] 3.
6. The provisions of subsections 1, 2 and 4 which relate to the licensing of lessors of vehicles do not apply to:
(a) An owner of a vehicle who leases it to a carrier and operates the vehicle pursuant to that lease; or
(b) A new or used vehicle dealer licensed pursuant to the provisions of NRS 482.325 who engages in the leasing of vehicles in this state as a long-term lessor.
7. As used in this section, "carrier" has the meaning ascribed to it in section 3 of [this act.] Assembly Bill No. 133 of this session.".
Amend the bill as a whole by adding a new section designated sec. 4, following sec. 3, to read as follows:
"Sec. 4. Section 3 of this act becomes effective at 12:01 a.m. on October 1, 1997.".
Assemblywoman Chowning moved the adoption of the amendment.
Remarks by Assemblywoman Chowning.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
GENERAL FILE AND THIRD READING
Assembly Bill No. 12.
Bill read third time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 667.
Amend section 1, page 1, line 17, by deleting "2," and inserting:
"2 for at least 2 years,".
Amend section 1, page 1, after line 19 by inserting:
"4. If a person returns to this state but does not practice in a medically underserved area of this state pursuant to subsection 2 for at least 2 years, the three commissioners from the State of Nevada, acting jointly, shall assess a default charge in an amount not less than three times the portion of the support fee designated as the loan of the person, plus interest.".
Amend section 1, page 2, line 1, by deleting "4." and inserting "5.".
Assemblyman Humke moved the adoption of the amendment.
Remarks by Assemblyman Humke.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assembly Bill No. 577.
Bill read third time.
Remarks by Assemblyman Collins.
Roll call on Assembly Bill No. 577:
Yeas -- 41.
Nays -- None.
Excused -- Krenzer.
Assembly Bill No. 577 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 587.
Bill read third time.
Remarks by Assemblymen Arberry and Hettrick.
Roll call on Assembly Bill No. 587:
Yeas -- 41.
Nays -- None.
Excused -- Krenzer.
Assembly Bill No. 587 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 600.
Bill read third time.
Remarks by Assemblymen Freeman and Evans.
Roll call on Assembly Bill No. 600:
Yeas -- 41.
Nays -- None.
Excused -- Krenzer.
Assembly Bill No. 600 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 118.
Bill read third time.
Remarks by Assemblymen Giunchigliani and Humke.
Potential conflict of interest declared by Assemblyman Humke.
Roll call on Assembly Bill No. 118:
Yeas -- 39.
Nays -- Hickey.
Not voting -- Humke.
Excused -- Krenzer.
Assembly Bill No. 118 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 170.
Bill read third time.
Remarks by Assemblywoman Ohrenschall.
Roll call on Assembly Bill No. 170:
Yeas -- 41.
Nays -- None.
Excused -- Krenzer.
Assembly Bill No. 170 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 220.
Bill read third time.
Remarks by Assemblywoman Giunchigliani.
Roll call on Assembly Bill No. 220:
Yeas -- 41.
Nays -- None.
Excused -- Krenzer.
Assembly Bill No. 220 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 375.
Bill read third time.
Remarks by Assemblywoman Giunchigliani.
Roll call on Assembly Bill No. 375:
Yeas -- 41.
Nays -- None.
Excused -- Krenzer.
Assembly Bill No. 375 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 595.
Bill read third time.
Remarks by Assemblywoman Buckley.
Roll call on Assembly Bill No. 595:
Yeas -- 41.
Nays -- None.
Excused -- Krenzer.
Assembly Bill No. 595 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 497.
Bill read third time.
The following amendment was proposed by Assemblyman Carpenter:
Amendment No. 740.
Amend the bill as a whole by deleting section 1, renumbering sections 2 and 3 as sections 5 and 6 and adding new sections designated sections 1 through 4, following the enacting clause to read as follows:
"Section 1. Chapter 392 of NRS is hereby amended by adding thereto a new section to read as follows:
1. In addition to the provisions of NRS 202.265, it is unlawful for a pupil to possess or carry a dangerous knife while on the property of a private or public school or while in a vehicle of a private or public school, unless the pupil has written permission from the principal of the school to carry or possess the knife.
2. A person who violates the provisions of this section is guilty of a gross misdemeanor.
3. As used in this section, "dangerous knife" means a knife having a blade that is fixed or may be locked and which is 2 1/2 inches or more in length when measured from the tip of the knife which is customarily sharpened to the unsharpened extension of the blade which forms the hinge connecting the blade to the handle. The term includes, without limitation, a butterfly knife.
Sec. 2. NRS 392.466 is hereby amended to read as follows:
392.4661. Except as otherwise provided in this section, any pupil who commits a battery which results in the bodily injury of an employee of the school, sells or distributes any controlled substance or is found in possession of a dangerous weapon, while on the premises of any public school, at an activity sponsored by a public school or on any school bus must, for the first occurrence, be suspended or expelled from that school, although he may be placed in another kind of school, for at least a period equal to one semester for that school. For a second occurrence, he must be permanently expelled from that school, but he may be required to attend another kind of school.
2. Except as otherwise provided in this section, any pupil who is found in possession of a firearm while on the premises of any public school, at an activity sponsored by a public school or on any school bus must, for the first occurrence, be expelled from the school for a period of not less than 1 year, although he may be placed in another kind of school for a period not to exceed the period of the expulsion. For a second occurrence, he must be permanently expelled from the school, but he may be required to attend another kind of school. The superintendent of schools of a school district may, in a particular case in that school district, allow an exception to the expulsion requirement of this subsection.
3. This section does not prohibit a pupil from having in his possession a knife or firearm with the approval of the principal of the school. A principal may grant such approval only in accordance with the policies or regulations adopted by the board of trustees of the school district.
4. Any pupil in grades 1 to 6, inclusive, except a pupil who has been found to have possessed a firearm in violation of subsection 2, may be suspended from school or permanently expelled from school pursuant to this section only after the board of trustees of the school district has reviewed the circumstances and approved this action in accordance with the procedural policy adopted by the board for such issues.
5. A pupil who is participating in a program of special education pursuant to NRS 388.520, other than a pupil who is gifted and talented, may, in accordance with the procedural policy adopted by the board of trustees of the school district for such matters, be:
(a) Suspended from school pursuant to this section for not more than 10 days. Such a suspension may be imposed pursuant to this paragraph for each occurrence of conduct proscribed by subsection 1.
(b) Suspended from school for more than 10 days or permanently expelled from school pursuant to this section only after the board of trustees of the school district has reviewed the circumstances and determined that the action is in compliance with the Individuals with Disabilities Education Act (20 U.S.C. §§ 1400 et seq.).
6. As used in this section:
(a) "Battery" has the meaning ascribed to it in paragraph (a) of subsection 1 of NRS 200.481.
(b) "Dangerous weapon" includes, without limitation, a blackjack, slung shot, billy, sand-club, sandbag, metal knuckles, dirk or dagger, a nunchaku, switchblade knife or trefoil, as defined in NRS 202.350, a butterfly knife , a dangerous knife as defined in section 1 of this act or any other knife described in NRS 202.350, or any other object which is used, or threatened to be used, in such a manner and under such circumstances as to pose a threat of, or cause, bodily injury to a person.
(c) "Firearm" includes, without limitation, any pistol, revolver, shotgun, explosive substance or device, and any other item included within the definition of a "firearm" in 18 U.S.C. § 921, as that section existed on July 1, 1995.
Sec. 3. NRS 393.410 is hereby amended to read as follows:
393.410 1. It is unlawful for any person:
(a) Willfully and maliciously to injure, mark or deface any public schoolhouse, its fixtures, books or appurtenances;
(b) To commit any nuisance in any public schoolhouse;
(c) To loiter on or near the school grounds; or
(d) Purposely and maliciously to commit any trespass upon the grounds attached to a public schoolhouse, or any fixtures placed thereon, or any enclosure or sidewalk about the same.
2. Except as otherwise provided in subsection 3, any person violating any of the provisions of this section shall be guilty of a public offense, as prescribed in NRS 193.155, proportionate to the value of the property damaged or destroyed and in no event less than a misdemeanor.
3. Any person who is in possession of a dangerous weapon during his commission of a violation of paragraph (b), (c) or (d) of subsection 1 shall be guilty of a gross misdemeanor.
4. As used in this section:
(a) "Dangerous knife" means a knife having a blade that is [2] fixed or may be locked and which is 2 1/2 inches or more in length when measured from the tip of the knife which is customarily sharpened to the unsharpened extension of the blade which forms the hinge connecting the blade to the handle. The term includes, without limitation, a butterfly knife.
(b) "Dangerous weapon" means:
(1) An explosive or incendiary device;
(2) A dirk, dagger, switchblade knife or dangerous knife;
(3) A nunchaku or trefoil;
(4) A blackjack or billy club or metal knuckles; or
(5) A pistol, revolver or other firearm.
(c) "Explosive or incendiary device" has the meaning ascribed to it in NRS 202.260.
(d) "Nunchaku" has the meaning ascribed to it in NRS 202.350.
(e) "Switchblade knife" has the meaning ascribed to it in NRS 202.350.
(f) "Trefoil" has the meaning ascribed to it in NRS 202.350.
Sec. 4. Chapter 396 of NRS is hereby amended by adding thereto a new section to read as follows:
1. In addition to the provisions of NRS 202.265, it is unlawful for a student to possess or carry a dangerous knife while on the property of the University and Community College System of Nevada, unless the student has written permission from the president of a branch or facility of the System.
2. A person who violates the provisions of this section is guilty of a gross misdemeanor.
3. As used in this section, "dangerous knife" means a knife having a blade that is fixed or may be locked and which is 2 1/2 inches or more in length when measured from the tip of the knife which is customarily sharpened to the unsharpened extension of the blade which forms the hinge connecting the blade to the handle. The term includes, without limitation, a butterfly knife.".
Amend the title of the bill, first line, by deleting "a person" and inserting "certain persons".
Assemblyman Carpenter moved the adoption of the amendment.
Remarks by Assemblymen Carpenter, Bache, Collins, Herrera, Anderson, Buckley, Chowning and Price.
Assemblymen Hickey, Giunchigliani and Hettrick moved the previous question.
Motion carried.
The question being on the adoption of Amendment No. 740 to Assembly Bill No. 497.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Senate Bill No. 192.
Bill read third time.
Remarks by Assemblywoman Freeman.
Roll call on Senate Bill No. 192:
Yeas -- 41.
Nays -- None.
Excused -- Krenzer.
Senate Bill No. 192 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 244.
Bill read third time.
Remarks by Assemblywoman Segerblom.
Roll call on Senate Bill No. 244:
Yeas -- 40.
Nays -- Evans.
Excused -- Krenzer.
Senate Bill No. 244 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 351.
Bill read third time.
Remarks by Assemblyman Amodei.
Roll call on Senate Bill No. 351:
Yeas -- 33.
Nays -- de Braga, Dini, Giunchigliani, Gustavson, Neighbors, Williams - 6.
Not voting -- Lee, Marvel - 2.
Excused -- Krenzer.
Senate Bill No. 351 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
UNFINISHED BUSINESS
Reports of Conference Committees
Mr. Speaker:
The first Committee on Conference concerning Senate Bill No. 128, consisting of the undersigned members, has met, and reports that:
No decision was reached, and recommends the appointment of a second Committee on Conference, to consist of 3 members, for the further consideration of the measure.
John C. Carpenter Jon C. Porter Clarence W. Collins Mike McGinnessRichard PerkinsDina TitusAssembly Committee on ConferenceSenate Committee on Conference
Assemblyman Carpenter moved to adopt the report of the first Committee on Conference concerning Assembly Bill No. 29.
Remarks by Assemblyman Carpenter.
Motion carried.
Appointment of Conference Committees
Mr. Speaker appointed Assemblymen Anderson, Herrera and Berman as a second Committee on Conference to meet with a like committee of the Senate for the further consideration of Senate Bill No. 128.
Signing of Bills and Resolutions
There being no objections, the Speaker and Chief Clerk signed Assembly Bills Nos. 125, 128, 427; Senate Bill No. 27.
GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR
On request of Assemblyman Price, the privilege of the floor of the Assembly Chamber for this day was extended to Eric Goedhart and Scott Kamper.
Assemblyman Perkins moved that the Assembly adjourn until Monday, June 23, 1997 at 11 a.m.
Motion carried.
Assembly adjourned at 1:08 p.m.
Approved:
Joseph E. Dini, Jr.
Speaker of the Assembly
Attest: Linda B. Alden
Chief Clerk of the Assembly