Carson City (Wednesday), July 2, 1997

Assembly called to order at 11:12 a.m.
Mr. Speaker presiding.
Roll called.
All present.
Prayer by the Chaplain, The Reverend Lisa Schilbe.
O God, our Creator, we thank You for the magnificence of Your creation: the deep blue of the sky; the splendor of the mountains; and the beauty displayed on the faces of our brothers and sisters. We thank You that we are created as unique individuals with diversified opinions, yet we ask that You would free us from being petty and self-absorbed. Instead, empower us to seek peace and unity as we strive to work together.

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.

Douglas A. Bache,

Chairman

Mr. Speaker:
Your Committee on Taxation, to which was referred Senate Bill No. 455, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Robert E. Price,

Chairman

Mr. Speaker:
Your Committee on Taxation, to which were referred Assembly Bill No. 648; Senate Bill No. 452, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Robert E. Price,

Chairman

Mr. Speaker:
Your Committee on Taxation, to which was re-referred Assembly Bill No. 611, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass, as amended.

Robert E. Price,

Chairman

Senate Chamber, Carson City, July 1, 1997

To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day respectfully refused to concur in the Assembly amendments to Senate Bills Nos. 209, 242.
Also, I have the honor to inform your honorable body that the Senate on this day concurred in the Assembly amendments to Senate Bills Nos. 13, 145, 155, 267, 291.

Mary Jo Mongelli

Assistant Secretary of the Senate

1. Grants the right to a franchisee to distribute goods or provide services under a marketing plan prescribed or suggested in substantial part by a franchisor.
2. Requires the franchisee to pay a franchise fee to the franchisor or his affiliate.
3. Allows the franchise to be substantially associated with a trade-mark, service mark, trade name, logo, advertisement or other commercial symbol or designation of the franchisor or his affiliate.
Sec. 4 "Franchisee" means a person to whom a franchise is granted.
Sec. 5 "Franchisor" means a person who grants a franchise or an affiliate of such a person.
Sec. 6 1. A provision in a franchise agreement, or a document that is ancillary to a franchise agreement, which:
(a) Restricts jurisdiction or venue to a forum other than this state; or
(b) Requires a dispute to be submitted to arbitration outside this state,
is void.
2. A franchisor and franchisee may, at the time a dispute is submitted to arbitration, agree to conduct the arbitration outside this state.
Sec. 7 A franchisor or any officer, agent or employee of a franchisor shall not:
1. Restrict a franchisee from associating with other franchisees or from forming or participating in a trade association; or
2. Retaliate or discriminate against a franchisee for engaging in such activities.
Sec. 8 The provisions of sections 2 to 8, inclusive, of this act do not:
1. Limit any liability that exists pursuant to any other specific statute or at common law; or
2. Apply to any legal action based on facts which occurred before October 1, 1997, or to any franchise agreement entered into, last amended or renewed before October 1, 1997.".
Amend the title of the bill to read as follows:

"AN ACT relating to franchises; providing that certain provisions in a franchise agreement, or a document that is ancillary to that agreement, are void; prohibiting a franchisor from restricting the rights of a franchisee to associate with certain persons; and providing other matters properly relating thereto.".

Amend the summary of the bill to read as follows:

"SUMMARY--Revises provisions governing operation of franchises. (BDR 52-1167)".

Assemblyman Ernaut moved that the Assembly recess subject to the call of the Chair.
Motion carried.

Assembly in recess at 11:18 a.m.

At 11:26 a.m.
Mr. Speaker presiding.
Quorum present.

Assembly Bill No. 540.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 1019.
Amend the bill as a whole by deleting sections 1 through 20 and adding new sections designated sections 1 through 6 and the leadlines of the repealed sections, following the enacting clause, to read as follows:
"Section 1. NRS 321.335 is hereby amended to read as follows:
321.335 1. Except as provided in NRS 321.125 [, 321.450] and 321.510, after April 1, 1957, all sales of any lands that the division is required to hold pursuant to NRS 321.001, including lands subject to contracts of sale that have been forfeited, are governed by the provisions of this section.
2. Whenever the state land registrar deems it to be in the best interests of the State of Nevada that any lands owned by the state and not used or set apart for public purposes be sold, he may, with the approval of the state board of examiners and the interim finance committee, cause those lands to be sold at public auction or upon sealed bids, for cash or pursuant to contract of sale, at a price not less than their appraised value plus the costs of appraisal and publication of notice of sale.
3. Before offering any land for sale, the state land registrar shall cause it to be appraised by a competent appraiser.
4. After receipt of the report of the appraiser, the state land registrar shall cause a notice of sale to be published once a week for 4 consecutive weeks in a newspaper of general circulation published in the county where the land to be sold is situated, and in such other newspapers as he deems appropriate. If there is no newspaper published in the county where the land to be sold is situated, the notice must be so published in a newspaper published in this state having a general circulation in the county where the land is situated.
5. The notice must contain:
(a) A description of the land to be sold;
(b) A statement of the terms of sale;
(c) A statement of whether the land will be sold at public auction or upon sealed bids to the highest bidder;
(d) If the sale is to be at public auction, the time and place of sale; and
(e) If the sale is to be upon sealed bids, the place where the bids will be accepted, the first and last days on which the bids will be accepted, and the time when and place where the bids will be opened.
6. The state land registrar may reject any bid or offer to purchase if he deems the bid or offer to be:
(a) Contrary to the public interest.
(b) For a lesser amount than is reasonable for the land involved.
(c) On lands which it may be more beneficial for the state to reserve.
(d) On lands which are requested by the State of Nevada or any department, agency or institution thereof.
7. Upon acceptance of any bid or offer and payment to the state land registrar in accordance with the terms of sale specified in the notice of sale, the state land registrar shall convey title by quitclaim or cause a patent to be issued as provided in NRS 321.320 and 321.330.
8. The state land registrar may require any person requesting that state land be sold pursuant to the provisions of this section to deposit a sufficient amount of money to pay the costs to be incurred by the state land registrar in acting upon the application, including the costs of publication and the expenses of appraisal. This deposit must be refunded whenever the person making the deposit is not the successful bidder. The costs of acting upon the application, including the costs of publication and the expenses of appraisal, must be borne by the successful bidder.
Sec. 2. NRS 321.500 is hereby amended to read as follows:
321.500 1. The commission may, on behalf of the State of Nevada, purchase or otherwise acquire from the Federal Government all or any portion of the lands described in subsection 2, at intervals during any period when a purchase or acquisition may be made as provided by the Congress of the United States, including any extension of time granted by the Secretary of the Interior, or otherwise.
2. The lands referred to in subsection 1 are described as follows:
(a) Parcel 1. All of sections 1, 12 and 13; fractional sections 24 and 25, T. 33 S., R. 65 E.
(b) Parcel 2. All of sections 6, 7 and 8; fractional sections 4, 5, 9, 10 and 15, all of section 16, fractional section 17, all of section 18, fractional sections 19, 20, 21, 30 and 31, T. 33 S., R. 66 E.
(c) Parcel 3. [East] All of sections 9, 10, 11, 14, 15 and 16, east 1/2 section 20, all of sections 21, 22, 23, fractional sections 24, 25 and 26, all of sections 27 and 28, east 1/2 section 29, southeast 1/4 section 31, fractional sections 32, 33, 34 and 35, T. 32 S., R. 66 E.
(d) Parcel 4. Fractional sections 4 and 5, T. 34 S., R. 66 E., and any other surveyed land or any unsurveyed land lying between the lands described in parcels 2, 3 and 4 and the Arizona-Nevada state line.
All range references in this subsection refer to Mount Diablo base and meridian.
Sec. 3. NRS 321.536 is hereby amended to read as follows:
321.536 1. The commission may use money in the Fort Mohave development account to purchase or otherwise acquire lands described in NRS 321.500 and 321.534 in an amount not to exceed $3,200,000.
2. After the allocation of money pursuant to subsection 1, the commission may use money in the Fort Mohave development account to administer the provisions of NRS 321.480 to 321.536, inclusive, and any other expenditures authorized by law.
3. After the allocation of money pursuant to subsections 1 and 2, the commission, with the concurrence of the board of county commissioners of Clark County, shall, pursuant to NRS 353.150 to 353.246, inclusive, prepare and submit a program for the use of the remaining money available in the Fort Mohave Valley development account to develop state and local capital improvements. The program may include the planning, design and construction of those improvements which develop the land in the Fort Mohave Valley or in the service area of any general improvement district, special district, town or city which contains all or a part of the land in the Fort Mohave Valley, or both. If the program is approved, the commission shall approve proper claims against the account made in conformance with the program in a manner which ensures that any claims concerning a particular capital improvement are approved and paid before any claims concerning another capital improvement are approved and paid.
4. After disposition of the money in the Fort Mohave Valley development account pursuant to subsections 1, 2 and 3, the commission may use any remaining money to:
(a) Develop and dispose of any land described in NRS 321.534 acquired by the commission;
(b) Purchase or otherwise acquire, develop and dispose of any other land [, including the land described in NRS 321.410,] which the commission is authorized to purchase, acquire, develop or dispose of; and
(c) Perform any other acts authorized by the legislative commission.
5. Any money:
(a) Received from the development or disposition of the land described in NRS 321.534; or
(b) [Transferred from the Eldorado Valley development account pursuant to subsection 2 of NRS 321.470; or
(c)] Received from the development or disposition of any other land which the commission acquires using money from the Fort Mohave Valley development account pursuant to paragraph (b) of subsection 4,
must be deposited in the Fort Mohave Valley development account.
Sec. 4. NRS 538.135 is hereby amended to read as follows:
538.135 The director:
1. Is responsible for administering and carrying out the policies of the commission.
2. Shall direct and supervise all the technical and administrative activities of the commission.
3. Shall report to the commission all relevant and important matters concerning the administration of his office. He is subject to the supervision of the commission and is responsible, unless otherwise provided by law, for the conduct of the administrative function of the commission's office.
4. Shall perform any lawful act which he considers necessary or desirable to carry out the purposes and provisions of this chapter, [NRS 321.390 to 321.470, inclusive,] NRS 321.480 to 321.536, inclusive, [NRS] and 538.010 to 538.251, inclusive, and any other provisions of law relating to the powers and duties of the commission.
Sec. 5. 1. NRS 321.390, 321.400, 321.410, 321.450, 321.460 and 321.470 are hereby repealed.
2. Sections 1 to 9, inclusive, of chapter 462, Statutes of Nevada 1975, at page 715, are hereby repealed.
Sec. 6. This act becomes effective upon passage and approval.

LEADLINES OF REPEALED SECTIONS OF NRS AND STATUTES OF NEVADA

321.390 Short title.
321.400 "Commission" defined.
321.410 Acquisition of certain lands by state authorized.
321.450 Powers and duties of commission; sale or relinquishment of land.
321.460 Eldorado Valley development account: Creation; use; crediting of interest and income.
321.470 Eldorado Valley development account: Deposits; reimbursement of state general fund or Fort Mohave Valley development account.
Section 1. Definitions.
Sec. 2. "Commission" defined.
Sec. 3. "Federal lands" defined.
Sec. 4. Powers of commission; limitations; approval by legislative commission of disposal of land, water or water rights.
Sec. 5. Types of securities issued; refunding or reissuing securities; pledge of net revenues.
Sec. 6. Approval of contracts by governor.
Sec. 7. Powers supplemental; applicability of other laws.
Sec. 8. Legislative declaration; applicability of State Securities Law.
Sec. 9. Severability.".
Amend the title of the bill to read as follows:

"AN ACT relating to public lands; expanding the list of lands that the Colorado River commission may purchase or acquire from the Federal Government pursuant to the Fort Mohave Valley Development Law; repealing the Eldorado Valley Development Law; and providing other matters properly relating thereto.".

"SUMMARY--Revises provisions governing certain lands that Colorado River commission may purchase or acquire from Federal Government. (BDR 26-917)".

Assembly Bill No. 657.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 1046.
Amend sec. 2, page 2, by deleting lines 6 through 10 and inserting:
"The regulations of the commission may not require an operator of a tow car to keep accounts and report information concerning towing services other than information that is necessary to permit the commission to enforce the provisions of NRS 706.010 to 706.791, inclusive.".
Amend sec. 3, page 2, line 34 after "(c)" by inserting:
"Any of the provisions of NRS 706.446 to 706.453, inclusive, and sections 10, 11 and 11.5 of this act have been violated;
(d)".
Amend sec. 3, page 2, line 42, by deleting "(d)" and inserting "(e)".
Amend sec. 7, page 5, line 23, by deleting "11," and inserting "11.5,".
Amend sec. 9, page 5, by deleting lines 26 through 29 and inserting:
"Sec. 9. "Towing services" includes the process of towing a vehicle, storage of that vehicle, storage of items found in that vehicle and the preparation and satisfying of any liens against that vehicle to which the operator is entitled.".
Amend sec. 11, page 6, line 26, by deleting "no" and inserting "a".
Amend the bill as a whole by adding a new section designated sec. 11.5, following sec. 11, to read as follows:
"Sec. 11.5. 1. Each operator of a tow car shall file its proposed charges for preparing or satisfying a lien to which the operator is entitled pursuant to the provisions of NRS 108.265 to 108.360, inclusive, against a vehicle that was towed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle. The commission may investigate any charge proposed pursuant to this subsection and revise the charge as necessary to ensure that the charge is reasonable.
2. An operator of a tow car may not impose a charge or any part of a charge filed pursuant to subsection 1 unless the operator:
(a) Has initiated the procedure by which a person may satisfy a lien pursuant to the provisions of NRS 108.265 to 108.360, inclusive, 487.010 and 487.270; and
(b) Stores the vehicle for at least 96 hours.
3. If an operator of a tow car stores a vehicle that was towed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle for at least 96 hours but not more than 336 hours, the operator may charge an amount not to exceed 50 percent of the charge approved by the commission pursuant to subsection 1 for preparing or satisfying a lien.
4. If an operator of a tow car stores a vehicle that was towed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle for more than 336 hours, the operator may charge an amount not to exceed 50 percent of the charge approved by the commission pursuant to subsection 1 for preparing or satisfying a lien in addition to the amount charged pursuant to subsection 3.".
Amend sec. 12, page 6, line 41, by deleting "11," and inserting "11.5,".
Amend sec. 16, page 8, line 17, by deleting "2. Fully" and inserting "2. [Fully".
Amend sec. 16, page 8, by deleting lines 19 through 22 and inserting:
"3.] A purchaser or broker of transportation services which are provided".
Amend sec. 17, page 8, line 42, by deleting "the vehicle." and inserting:
"the vehicle and pursuant to the provisions of NRS 706.010 to 706.791, inclusive.".
Amend sec. 19, page 9, by deleting lines 38 through 40 and inserting:
"2. An operator of a tow car,".
Amend sec. 21, page 10, line 24, by deleting "service." and inserting:
"service [.] and all regulations of the carrier that the carrier has adopted to comply with the provisions of NRS 706.010 to 706.791, inclusive.".
Amend sec. 21, page 10, line 36, by deleting "vehicle." and inserting:
"vehicle and all regulations of the operator of the tow car that the operator has adopted to comply with the provisions of NRS 706.010 to 706.791, inclusive.".
Amend sec. 24, page 12, line 25, by deleting:
"pursuant to NRS 706.321".
Amend sec. 25, page 12, line 44, after "operator" by inserting:
"discontinues providing towing services from an operating terminal or".
Amend sec. 25, page 13, by deleting line 2 and inserting:
"days after the operator discontinues providing towing services from an operating terminal or commences operations at the new terminal.".
Amend sec. 33, page 16, between lines 36 and 37, by inserting:
"7. The commission shall not require that an operator of a tow car charge the same rate to law enforcement agencies for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle that the operator charges to other persons for such services.".
Amend sec. 34, page 16, lines 39 and 40, by deleting:
"10 and 11" and inserting:
"10, 11 and 11.5".
Amend sec. 35, page 17, by deleting lines 8 and 9 and inserting:
"(2) Towing services,".
Amend sec. 37, page 19, line 6, by deleting:
"10 and 11" and inserting:
"10, 11 and 11.5".
Amend sec. 38, page 19, by deleting lines 41 and 42 and inserting:
"(2) Towing services,".
Amend sec. 41, page 21, by deleting lines 17 through 19 and inserting:
"706.771 1. Any [fully] :
(a) Fully regulated carrier [, broker] ;
(b) Broker of regulated services ;
(c) Operator of a tow car; or [other person who transports or stores household goods,]
(d) Other person,
or any agent or employee thereof, who violates any provision".
Amend sec. 45, page 22, line 23, by deleting:
"December 31, 1996," and inserting:
"May 31, 1997,".
Amend sec. 45, page 23, line 2, by deleting:
"December 31, 1996," and inserting:
"May 31, 1997,".
Amend sec. 45, page 23, line 5, by deleting:
"December 31, 1996," and inserting:
"May 31, 1997,".
Amend sec. 45, page 23, line 10, by deleting:
"December 31, 1996," and inserting:
"May 31, 1997,".
Amend sec. 45, page 23, by deleting line 17 and inserting:
"charge that would become effective before June 1, 1998, pursuant to NRS 706.323.".
Amend the title of the bill, tenth line, after "commission;" by inserting:
"requiring an operator of a tow car to file with the public service commission of Nevada his charges for preparing or satisfying a lien against a stored vehicle;".
Assemblywoman Chowning moved the adoption of the amendment.
Remarks by Assemblywoman Chowning.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 648.
Bill read second time.
The following amendment was proposed by the Committee on Taxation:
Amendment No. 1077.
Amend the bill as a whole by deleting sections 1 through 4 and renumbering sec. 5 as section 1.
Amend sec. 5, page 2, by deleting line 35 and inserting:
"shall apportion all the money".
Amend the bill as a whole by deleting sections 6 and 7 and renumbering sec. 8 as sec. 2.
Amend the bill as a whole by deleting the text of the repealed section.
Amend the title of the bill to read as follows:

"AN ACT relating to local governmental finances; prohibiting a local government from submitting certain claims for interest earned in a prior fiscal year on money received as an apportionment from the county treasurer; and providing other matters properly relating thereto.".

"SUMMARY--Prohibits local government from submitting certain claims for interest earned in prior fiscal year on money received as apportionment from county treasurer. (BDR 32-536)".

Senate Bill No. 233.
Bill read second time.
The following amendment was proposed by the Committee on Taxation:
Amendment No. 778.
Amend the bill as a whole by renumbering sections 1 through 4 as sections 2 through 5 and adding a new section designated section 1, following the enacting clause, to read as follows:
"Section 1. Chapter 360 of NRS is hereby amended by adding thereto a new section to read as follows:
1. During the course of an investigation undertaken pursuant to NRS 360.130 of a person claiming:
(a) A partial abatement of property taxes pursuant to section 4 of this act;
(b) An exemption from taxes upon the privilege of doing business in this state pursuant to NRS 364A.170;
(c) A deferral of the payment of taxes on the sale of capital goods pursuant to NRS 372.397 or 374.402; or
(d) An abatement of taxes on the gross receipts from the sale, storage, use or other consumption of eligible machinery or equipment pursuant to NRS 374.357,
the department shall investigate whether the person meets the eligibility requirements for the abatement, partial abatement, exemption or deferral that the person is claiming.
2. If the department finds that the person does not meet the eligibility requirements for the abatement, exemption or deferral which the person is claiming, the department shall report its findings to the commission on economic development and take any other necessary actions.".
Amend section 1, page 1, line 2, by deleting:
"2 and 3" and inserting:
"3 and 4".
Amend sec. 2, page 1, line 4, by deleting "3" and inserting "4".
Amend sec. 2, page 1, lines 5 and 6, by deleting:
"in industries other than mining, gaming and tourism" and inserting:
"whose goals are consistent with the goals of the commission and the community concerning industrial development and diversification and ".
Amend sec. 2, page 1, line 10, by deleting "and ".
Amend sec. 2, page 1, line 14, by deleting "businesses." and inserting:
"businesses; and
4. To attract industry that utilizes innovations, processes or practices that have a positive impact on the conservation, preservation or protection of the environment and the natural resources of the area.".
Amend sec. 3, page 2, line 13, by deleting the period and inserting:
"that includes an option for health insurance coverage for dependents of the employees.".
Amend sec. 3, page 2, by deleting lines 14 through 16 and inserting:
"(e) The cost to the business for the benefits the business provides to its employees in this state will meet the minimum requirements for benefits established by the commission pursuant to subsection 8.".
Amend sec. 3, page 3, line 33, by deleting:
"that states the percentage of the abatement".
Amend sec. 3, page 4, by deleting lines 11 and 12 and inserting:
"abatement shall pay interest on the amount due at the rate of 10 percent per annum for each month, or portion thereof, from".
Amend sec. 3, page 4, by deleting lines 16 through 21 and inserting:
"8. A county treasurer:
(a) Shall deposit any money that he receives pursuant to subsection 7 in one or more of the funds established by a local government of the county pursuant to NRS 354.611, 354.6113 or 354.6115; and
(b) May use the money deposited pursuant to paragraph (a) only for the purposes authorized by NRS 354.611, 354.6113 and 354.6115.
9. The commission on economic development shall adopt regulations necessary to carry out the provisions of this section. The regulations must include, but not be limited to:
(a) A method for determining the appropriate affected local government to approve a proposed abatement and the procedure for obtaining such approval; and
(b) Minimum requirements for benefits that a business applying for a partial abatement must offer to its employees to be approved for the partial abatement.
10. The department of taxation shall adopt regulations concerning how county assessors shall administer partial abatements approved pursuant to this section.
11. An applicant for an abatement who is aggrieved by a final decision of ".
Amend the title of the bill, second line, after the semicolon, by inserting:
"requiring the department of taxation to investigate certain persons claiming certain abatements, exemptions or deferrals of taxes;".
Amend the summary of the bill to read as follows:

"SUMMARY--Revises provisions governing certain abatements, exemptions and deferrals of taxes. (BDR 32-951)".

Senate Bill No. 436.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 945.
Amend sec. 3, page 1, line 8, by deleting "video recording,".
Amend sec. 4, page 1, line 11, after "inclusive," by inserting:
"section 1 of Assembly Bill No. 336 of this session".
Amend sec. 5, page 2, by deleting lines 2 through 7 and inserting:
"201.256 As used in NRS 201.256 to 201.265, inclusive, and section 1 of [this act,] Assembly Bill No. 336 of this session and sections 2, 3 and 4 of this act, unless the context otherwise requires, the words and terms defined in NRS 201.257 to 201.264, inclusive, and section 1 of [this act,] Assembly Bill No. 336 of this session and sections 2 and 3 of this act, have the meanings ascribed to them in those sections.".
Amend sec. 6, page 2, by deleting lines 13 through 15 and inserting:
"Distributes or causes to be distributed to a minor [, or exhibits for sale] material that is harmful to minors, unless the person is the parent, guardian or spouse of the minor.
2. Exhibits for distribution to an adult in such a manner or location as to allow a minor to view or to have access [for examination any picture, photograph, drawing,".
Amend sec. 6, page 2, line 16, by deleting "film,".
Amend sec. 6, page 2, line 29, by deleting "2." and inserting "3.".
Amend sec. 6, page 2, line 35, by deleting "[4.] 3." and inserting "4.".
Amend sec. 6, page 2, line 40, by deleting "[5.] 4." and inserting "5.".
Amend sec. 6, page 3, by deleting lines 1 through 9 and inserting:
"6. Exhibits, distributes or offers to distribute material that is harmful to minors in a vending machine that is located in a public place unless:
(a) The vending machine is supervised by an adult; or
(b) Minors are excluded from the public place where the vending machine is located.
7. Sells or rents motion pictures which contain material that is harmful to minors on the premises of a business establishment open to minors, unless the person creates an area within the establishment for the placement of the motion pictures and any material that advertises the sale or rental of the motion pictures which:
(a) Prevents minors from observing the motion pictures or any material that advertises the sale or rental of the motion pictures; and ".
Amend the bill as a whole by renumbering sections 7 and 8 as sections 8 and 9 and adding a new section designated sec. 7, following sec. 6, to read as follows:
"Sec. 7. Section 1 of Assembly Bill No. 336 of this section is hereby amended to read as follows:

Section 9 Chapter 201 of NRS is hereby amended by adding thereto a new section to read as follows:

"Motion picture" means a film [,] or a video recording, whether or not it has been rated appropriate for a particular audience, that is:

1. Placed on a videodisc or videotape; or

2. To be shown in a theater or on television,

and includes, without limitation, a cartoon or an animated film.".

Senate Bill No. 457.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 1028.
Amend section 1, page 2, by deleting lines 3 through 11 and inserting:
"4. In addition to all other applicable registration and license fees and motor vehicle privilege taxes:
(a) A person who requests license plates that indicate status as a hall of fame athlete shall pay a fee to the department of $35.
(b) License plates that indicate status as a hall of fame athlete are renewable upon the payment to the department of $10.".
Amend section 1, page 2, line 33 by deleting the italicized comma.
Amend section 1, page 2, by deleting line 34 and inserting:
"or community college within the University and Community College System of Nevada.".
Assemblywoman Chowning moved the adoption of the amendment.
Remarks by Assemblywoman Chowning.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.

Senate Bill No. 452.
Bill read second time.
The following amendment was proposed by the Committee on Taxation:
Amendment No. 1105.
Amend the bill as a whole by deleting sec. 6 and renumbering sec. 7 as sec. 6.
Amend the title of the bill by deleting the third and fourth lines and inserting:
"use of liquefied petroleum gas and compressed natural gas; and".
Assemblyman Price moved the adoption of the amendment.
Remarks by Assemblymen Price and Giunchigliani.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.

Christina R. Giunchigliani,

Chairman

Mr. Speaker:
Your Committee on Government Affairs, to which were referred Senate Bills Nos. 50, 429, 478, 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 re-referred Assembly Bill No. 70, 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

Assemblywoman Buckley moved that Senate Bill No. 314 be taken from the Chief Clerk's desk and placed on the General File.
Motion carried.

Assemblyman Perkins moved that Assembly Bill No. 70 be placed on the General File.
Motion carried.

Assemblyman Perkins moved that Assembly Concurrent Resolution No. 44 be placed on the Resolution File.
Motion carried.

Assembly Bill No. 611.
Bill read third time.
Remarks by Assemblymen Price and Ernaut.
Roll call on Assembly Bill No. 611:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 611 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 632.
Bill read third time.
Remarks by Assemblywoman Giunchigliani.
Roll call on Assembly Bill No. 632:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 632 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 70.
Bill read third time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 1112.
Amend section 2, page 1, line 3 by deleting "county that"and inserting:
"county whose population is 400,000 or more and that ".
Assemblyman Bache moved the adoption of the amendment.
Remarks by Assemblyman Bache.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.

Christina R. Giunchigliani,

Chairman

Mr. Speaker:
Your Committee on Labor and Management, to which was referred Assembly Bill No. 617, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Saundra Krenzer,

Chairman

Mr. Speaker:
Your Concurrent Committee on Ways and Means, to which was referred Senate Bill No. 6, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Morse Arberry, Jr.,

Chairman

Mr. Speaker:
Your Committee on Ways and Means, to which were referred Senate Bills Nos. 182, 201, 204, 219, 378, 490, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Morse Arberry, Jr.,

Chairman

Mr. Speaker:
Your Committee on Ways and Means, to which was re-referred Assembly Bill No. 545, 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

Mr. Speaker:
Your Committee on Ways and Means, to which was referred Assembly Bill No. 636, 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

Mr. Speaker:
Your Concurrent Committee on Ways and Means, to which were referred Assembly Bills Nos. 3, 376, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass, as amended.

Morse Arberry, Jr.,

Chairman

Assembly Bill No. 376.
Bill read third time.
Remarks by Assemblymen Giunchigliani and Hickey.
Roll call on Assembly Bill No. 376:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 376 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Saundra Krenzer,

Chairman

Assemblyman Perkins moved that the Assembly recess until 4:30 p.m.
Motion carried.

Assembly in recess at 12:17 p.m.

At 4:49 p.m.
Mr. Speaker presiding.
Quorum present.

Saundra Krenzer,

Chairman

Mr. Speaker:
Your Committee on Natural Resources, Agriculture, and Mining, to which was referred Senate Bill No. 266, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Marcia de Braga,

Chairman

Mr. Speaker:
Your Committee on Taxation, to which was referred Senate Bill No. 365, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Robert E. Price,

Chairman

Senate Chamber, Carson City, July 2, 1997

To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day passed Assembly Bills Nos. 198, 646, 665.
Also, I have the honor to inform your honorable body that the Senate amended, and on this day passed, as amended, Assembly Bills Nos. 26, 126, 210, 419, 456, 457 and respectfully requests your honorable body to concur in said amendments.
Also, I have the honor to inform your honorable body that the Senate on this day adopted Assembly Concurrent Resolution No. 56.
Also, I have the honor to inform your honorable body that the Senate on this day passed Senate Bill No. 485.
Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bills Nos. 3, 40, 211, 458, 488.
Also, I have the honor to inform your honorable body that the Senate on this day adopted Senate Concurrent Resolutions Nos. 53, 63.

Mary Jo Mongelli

Assistant Secretary of the Senate

Senate Concurrent Resolution No. 63.
Assemblyman Perkins moved the adoption of the resolution.
Resolution adopted.

Senate Bill No. 40.
Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.
Motion carried.

Senate Bill No. 211.
Assemblyman Perkins moved that the bill be referred to the Committee on Ways and Means.
Motion carried.

Senate Bill No. 458.
Assemblyman Perkins moved that the bill be referred to the Committee on Commerce.
Motion carried.

Senate Bill No. 485.
Assemblyman Perkins moved that the bill be referred to the Committee on Government Affairs.
Motion carried.

Senate Bill No. 488.
Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.
Motion carried.

Assemblyman Perkins moved that Assembly Bills Nos. 545, 609 be placed on the General File.
Motion carried.

Assemblywoman Chowning moved that Senate Bill No. 58 be taken from the Chief Clerk's desk and placed on the General File.
Motion carried.

Sec. 39. NRS 616A.135 is hereby amended to read as follows:

616A.135 Persons who, under a written agreement between a public agency and a private organization, perform volunteer work for a private organization as part of a public program and who are not specifically covered by any other provisions of chapters 616A to 616D, inclusive, of NRS, while engaging in that volunteer work, may be deemed by [the system, or by a self-insured employer or an employer who is a member of an association of self-insured public or private employers,] an insurer, for the purposes of those chapters, as employees of the public agency at a wage of $100 per month. Such persons are entitled to the benefits of those chapters when the public agency complies with the provisions of those chapters and the regulations adopted [under] pursuant to them.

"AN ACT relating to industrial insurance; providing for industrial insurance coverage for pupils and teachers participating in the program to provide pupils with the skills to make the transition from school to work and for students who are performing certain types of volunteer work; revising the provisions governing industrial insurance coverage for a person who is an apprentice; and providing other matters properly relating thereto.".

"SUMMARY--Makes various changes to provisions governing industrial insurance. (BDR 53-954)".

Assembly Bill No. 617.
Bill read second time.
The following amendment was proposed by the Committee on Labor and Management:
Amendment No. 1100.
Amend section 1, page 1, line 4, after "or" by inserting:
"a manager of the".
Amend section 1, page 1, line 6, after "officer" by inserting ", manager".
Amend section 1, page 1, line 10, after "officer" by inserting ", manager".
Amend section 1, page 1, line 14, after "officer" by inserting "or manager".
Amend section 1, page 1, line 15, after "officer" by inserting ", manager".
Amend section 1, page 1, line 19, after "officer" by inserting "or manager".
Amend section 1, page 2, line 1, after "officer" by inserting "or manager".
Amend section 1, page 2, by deleting line 2 and inserting:
"officer , manager or employee of the corporation [,] or company, the officer or manager shall be".
Amend sec. 2, page 2, line 21, after "or" by inserting:
"a manager of the".
Amend sec. 2, page 2, line 28, after "officer" by inserting "or manager".
Amend sec. 2, page 2, line 32, after "officer" by inserting "or manager".
Amend sec. 3, page 2, line 38, after "or" by inserting:
"a manager of the".
Amend sec. 3, page 3, line 1, after "officer" by inserting "or manager".
Amend sec. 3, page 3, line 5, after "officer" by inserting "or manager".
Amend sec. 4, page 3, line 15, after "or" by inserting:
"a manager of the".
Amend sec. 4, page 3, line 16, by deleting "officer" and inserting "officer, manager".
Amend sec. 4, page 3, line 20, by deleting "officer" and inserting "officer, manager".
Amend sec. 4, page 3, line 24, after "officer" by inserting "or manager".
Amend sec. 4, page 3, line 25, by deleting "officer" and inserting "officer, manager".
Amend sec. 4, page 3, line 29, after "officer" by inserting "or manager".
Amend sec. 4, page 3, line 32, after "officer" by inserting "or manager".
Amend sec. 4, page 3, line 33, by deleting "officer" and inserting "officer, manager".
Amend sec. 4, page 3, line 34, after "officer" by inserting "or manager".
Amend the title of the bill, first line, by deleting "officers" and inserting "managers".
Amend the summary of the bill, first line, by deleting "officers" and inserting "managers".
Assemblywoman Krenzer moved the adoption of the amendment.
Remarks by Assemblywoman Krenzer.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 636.
Bill read second time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 1012.
Amend section 1, page 1, by deleting line 2 and inserting:
"the Department of Administration the sum of $200,000 for allocation to:".
Amend section 1, page 1, line 3, by deleting "$200,000" and inserting "$150,000".
Amend section 1, page 1, line 4, by deleting "$100,000" and inserting "$50,000".
Amend sec. 2, page 1, line 7, after "counties." by inserting:
"Not more than 10 percent of the money may be used by the MeFiYi Foundation for administrative costs.".
Amend the bill as a whole by renumbering sec. 3 as sec. 4 and adding a new section designated sec. 3, following sec. 2, to read as follows:
"Sec. 3. On or before January 15, 1999, the Director of the Department of Administration shall submit a written report to the Director of the Legislative Counsel Bureau for transmission to the 70th session of the Nevada Legislature. The report must include a listing of the contributions made to the MeFiYi Foundation pursuant to section 2 of this act, the use of those contributions by the MeFiYi Foundation and the benefits achieved from the use of the contributions.".
Amend the title of the bill to read as follows:

"AN ACT making an appropriation to the Department of Administration for the support of amateur athletics and recreational programs in certain larger counties; and providing other matters properly relating thereto.".

Amend the summary of the bill to read as follows:

"SUMMARY--Makes appropriation to Department of Administration for support of amateur athletics and recreational programs in certain larger counties. (BDR S-1832)".

Assembly Bill No. 663.
Bill read second time.
The following amendment was proposed by the Committee on Labor and Management:
Amendment No. 1101.
Amend section 1, page 1, by deleting lines 5 through 8 and inserting:
"regulations adopted pursuant to those chapters, may order the attorney or representative of a party to pay any costs that are incurred by the hearings division of the department of administration for a court reporter or an interpreter.".
Amend section 1, page 1, line 10, by deleting "party,".
Amend section 1, page 1, line 11, after "representative" by inserting:
"of a party".
Amend the title of the bill to read as follows:

"AN ACT relating to industrial insurance; authorizing an appeals officer in a proceeding relating to industrial insurance to order the attorney or representative of a party to pay certain costs for causing a continuance or delay of a scheduled hearing under certain circumstances; and providing other matters properly relating thereto.".

"SUMMARY--Authorizes appeals officer in proceeding relating to industrial insurance to order attorney or representative of party to pay certain costs for causing continuance or delay of hearing. (BDR 53-1587)".

Senate Bill No. 105.
Bill read second time.
The following amendment was proposed by the Committee on Labor and Management:
Amendment No. 989.
Amend sec. 3, page 1, by deleting line 15 and inserting:
"(a) A certificate issued by the system pursuant to NRS 616B.200;".
Amend the bill as a whole by renumbering sec. 8 as sec. 9, and adding a new section designated sec. 8, following sec. 7, to read as follows:
"Sec. 8. Chapter 616D of NRS is hereby amended by adding thereto the provisions set forth as sections 9 and 10 of this act.".
Amend sec. 8, page 4, by deleting lines 14 through 16 and inserting:
"Sec. 9. 1. An insurer, organization for managed care, health care provider,".
Amend sec. 8, page 4, line 22, by deleting "Made" and inserting "Knowingly made".
Amend sec. 8, page 4, line 28, after "which" by inserting:
"the provider knows".
Amend the bill as a whole by renumbering sections 9 and 10 as sections 11 and 12 and adding a new section designated sec. 10, following sec. 8, to read as follows:
"Sec. 10. The administrator and the fraud control unit for industrial insurance established pursuant to NRS 228.420 shall establish procedures to ensure that:
1. The administrator reports to the unit any violations of the provisions of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310 or 616D.350 to 616D.440, inclusive, of which the administrator becomes aware;
2. For the purposes of NRS 616D.120, the unit notifies the administrator in a timely manner whether the unit will prosecute a person who has violated the provisions of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310 or 616D.350 to 616D.440, inclusive; and
3. The administrator and the unit share all other information of which they are aware relating to violations of the provisions of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310 or 616D.350 to 616D.440, inclusive.".
Amend the bill as a whole by renumbering sections 11 and 12 as sections 14 and 15 and inserting a new section designated sec. 13, following sec. 10, to read as follows:
"Sec. 13. NRS 616D.200 is hereby amended to read as follows:
616D.200 1. If the [manager] administrator finds that an employer within the provisions of NRS 616B.633 has failed to provide and secure compensation as required by the terms of chapters 616A to 616D, inclusive, of NRS or that the employer has provided and secured that compensation but has failed to maintain it, he shall make a determination thereon and may charge the employer an amount equal to the sum of:
(a) The premiums that would otherwise have been owed to the system pursuant to the terms of chapters 616A to 616D, inclusive, of NRS for the period that the employer was doing business in this state without providing, securing or maintaining that compensation, but not to exceed 6 years;
(b) The actual costs incurred by the system in reinstating the policy, but not to exceed 10 percent of the premiums owed by the employer; and
(c) Interest at a rate determined pursuant to NRS 17.130 computed from the time that the premiums should have been paid.
2. The [manager] administrator shall mail a copy of his determination to the employer. An employer who is aggrieved by the [manager's] determination of the administrator may appeal from the determination pursuant to subsection 2 of NRS 616D.220.
3. Any employer within the provisions of NRS 616B.633 who fails to provide, secure or maintain compensation as required by the terms of chapters 616A to 616D, inclusive, of NRS, is:
(a) For the first offense, guilty of a misdemeanor.
(b) For a second or subsequent offense committed within 7 years after the previous offense, guilty of a category D felony and shall be punished as provided in NRS 193.130.
Any criminal penalty imposed must be in addition to the amount charged pursuant to subsection 1.".
Amend the bill as a whole by deleting sec. 13, renumbering sections 14 through 16 as sections 18 through 20 and adding new sections designated sections 16 and 17, following sec. 12, to read as follows:
"Sec. 16. Section 3 of this act is hereby amended to read as follows:

Sec. 3. 1. Each employer shall ensure that:

(a) A certificate [issued by the system pursuant to NRS 616B.200;] of insurance provided pursuant to section 2 of this act;

(b) A certificate issued by the commissioner pursuant to NRS 616B.312; or

(c) A certificate issued to an association of self-insured public or private employers by the commissioner pursuant to NRS 616B.359 and a certificate or letter issued by such an association verifying that the employer is a member in good standing of the association,

is posted in a conspicuous location at each of the employer's places of business, including, without limitation, each location at which the employer has directed one or more employees to perform work.

2. An employer who violates the provisions of subsection 1 is guilty of a misdemeanor.

Sec. 18. NRS 616D.200 is hereby amended to read as follows:

616D.200 1. If the manager finds that an employer within the provisions of NRS 616B.633 has failed to provide and secure compensation as required by the terms of chapters 616A to 616D, inclusive, of NRS or that the employer has provided and secured that compensation but has failed to maintain it, he shall make a determination thereon and may charge the employer an amount equal to the sum of:

(a) The premiums that would otherwise have been owed to the system pursuant to the terms of chapters 616A to 616D, inclusive, of NRS for the period that the employer was doing business in this state without providing, securing or maintaining that compensation, but not to exceed 6 years;

(b) The actual costs incurred by the system in reinstating the policy, but not to exceed 10 percent of the premiums owed by the employer; and

(c) Interest at a rate determined pursuant to NRS 17.130 computed from the time that the premiums should have been paid.

2. The manager shall mail a copy of his determination to the employer. An employer who is aggrieved by the manager's determination may appeal from the determination pursuant to subsection 2 of NRS 616D.220.

3. Any employer within the provisions of NRS 616B.633 who fails to provide, secure or maintain compensation as required by the terms of chapters 616A to 616D, inclusive, of NRS, is:

(a) For the first offense, guilty of a misdemeanor.

(b) For a second or subsequent offense committed within 7 years after the previous offense, guilty of a category D felony [, punishable by imprisonment in the state prison for a definite term of not less than 1 year nor more than 5 years or by a fine of not more than $10,000, or by both fine and imprisonment. A person who is sentenced to imprisonment becomes eligible for parole when he has served one-third of the definite term for which he has been sentenced, less any credit earned to reduce his sentence pursuant to chapter 209 of NRS.] and shall be punished as provided in NRS 193.130.

Any criminal penalty imposed must be in addition to the amount charged pursuant to subsection 1.".

Sec. 20. Section 104 of chapter 580, Statutes of Nevada 1995, at page 2032, is hereby amended to read as follows:

Sec. 104. NRS 616D.200 is hereby amended to read as follows:

616D.200 1. If the [manager] administrator finds that an employer within the provisions of NRS 616B.633:

(a) Has failed to provide and secure compensation as required by the terms of this chapter; or

(b) Has provided and secured such compensation but has failed to maintain that compensation,

he shall make a determination thereon based on any information that is within his possession or that may come within his possession and may charge the employer an amount of not more than three times the premiums that would otherwise have been owed to the system if he had been insured by the system pursuant to the terms of this chapter for the period that the employer was doing business in this state without providing, securing or maintaining that compensation, but not to exceed 6 years. Any money collected by the administrator pursuant to this subsection must be deposited into the uninsured employers' claim fund.

2. [The manager shall mail a copy of his determination to the employer.] If the manager is not satisfied with the amount of a premium required to be paid to the system by any person, he may compute and determine the amount required to be paid on the basis of any information within his possession or which may come into his possession. One or more determinations of a deficiency may be made of the amount due for one or more periods.

3. Except for a determination made pursuant to subsection 1, a notice of a determination of a deficiency issued by the manager must be served personally or mailed within 3 years after the last day of the calendar month following the period for which the amount that is proposed to be determined is due. An employer who is aggrieved by [the manager's] a determination made pursuant to this section or NRS 360.300 may appeal from the determination pursuant to subsection 2 of NRS 616D.220.

[3.] 4. Any employer within the provisions of NRS 616B.633 who fails to provide, secure or maintain compensation as required by the terms of this chapter, is:

(a) For the first offense, guilty of a gross misdemeanor.

(b) For a second or subsequent offense committed within 7 years after the previous offense, guilty of a category D felony and shall be punished as provided in NRS 193.130.

Any criminal penalty imposed must be in addition to the amount charged pursuant to subsection 1.

Sec. 104. NRS 616D.200 is hereby amended to read as follows:

616D.200 1. If the [manager] administrator finds that an employer within the provisions of NRS 616B.633 has failed to provide and secure compensation as required by the terms of this chapter, he shall make a determination thereon based on any information that is within his possession or that may come within his possession and charge the employer an amount [equal to] of not more than three times the premiums that would otherwise have been owed to the system if he had been insured by the system pursuant to the terms of this chapter for the period that the employer was doing business in this state without providing or securing compensation, but not to exceed 6 years. Any money collected by the administrator pursuant to this subsection must be deposited into the uninsured employers' claim fund.

2. [The manager shall mail a copy of his determination to the employer.] If the manager is not satisfied with the amount of a premium required to be paid to the system by any person, he may compute and determine the amount required to be paid on the basis of any information within his possession or which may come into his possession. One or more determinations of a deficiency may be made of the amount due for one or more periods.

3. Except for a determination made pursuant to subsection 1, a notice of a determination of a deficiency issued by the manager must be served personally or mailed within 3 years after the last day of the calendar month following the period for which the amount that is proposed to be determined is due. An employer who is aggrieved by [the manager's] a determination made pursuant to this section or NRS 360.300 may appeal from the determination pursuant to subsection 2 of NRS 616D.220.

[3.] 4. Any employer within the provisions of NRS 616B.633 who fails to provide and secure compensation as required by the terms of this chapter, is:

(a) For the first offense, guilty of a misdemeanor.

(b) For a second or subsequent offense committed within 7 years after the previous offense, guilty of a gross misdemeanor.

Any criminal penalty imposed must be in addition to the amount charged pursuant to subsection 1.".

Senate Bill No. 266.
Bill read second time.
The following amendment was proposed by the Committee on Natural Resources, Agriculture, and Mining:
Amendment No. 1108.
Amend bill as a whole by deleting sections 1 through 3 and adding new sections designated sections 1 through 10, following the enacting clause, to read as follows:
"Section 10 Chapter 459 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 11 1. Except as otherwise provided in this section and NRS 459.3814, the provisions of NRS 459.380 to 459.3874, inclusive, and this section apply to a regulated facility that produces, uses, stores or handles a highly hazardous substance in a quantity:
(a) Equal to or greater than the amount set forth in NRS 459.3816; or
(b) Less than the amount set forth in NRS 459.3816 if there are two or more releases from the regulated facility of the same or different highly hazardous substances during any 12-month period and:
(1) The release of the highly hazardous substances is reportable pursuant to 40 C.F.R. Part 302; or
(2) Each quantity released is equal to or greater than a maximum quantity allowable as established by regulation of the state environmental commission.
2. A regulated facility described in paragraph (b) of subsection 1 is exempt from complying with the provisions of NRS 459.380 to 459.3874, inclusive, and this section if:
(a) The division determines that the regulated facility has:
(1) Carried out the detailed plan to abate hazards recommended pursuant to subsection 8 of NRS 459.3852; and
(2) Complied with such other provisions of NRS 459.380 to 459.3874, inclusive, and this section, and the regulations adopted pursuant thereto, as the division requires; and
(b) The regulated facility obtains an exemption from the state environmental commission. The state environmental commission shall adopt by regulation the procedures for obtaining such an exemption.
3. As used in this section, "highly hazardous substance" means any substance designated as such in NRS 459.3816 or any regulations adopted pursuant thereto.
Sec. 12 1. The state department of conservation and natural resources may, in accordance with the authority granted to it pursuant to NRS 445B.205, apply for and accept any delegation of authority and any grant of money from the Federal Government for the purpose of establishing and carrying out a program to prevent and minimize the consequences of the accidental release of hazardous substances in accordance with the provisions of 42 U.S.C. § 7412(r).
2. The state environmental commission may adopt such regulations as it determines are necessary to establish and carry out such a program. The regulations must:
(a) Establish a list of hazardous substances and the quantities thereof that will be regulated pursuant to the program.
(b) Provide that the provisions of NRS 459.3824, 459.3826 and 459.3828 apply to all facilities regulated pursuant to the program.
(c) Provide that a person who violates any such regulation or the provisions of NRS 459.3824, 459.3826 or 459.3828 is, in addition to any penalty that may apply pursuant to section 4 of this act, subject to a civil administrative penalty not to exceed $10,000 per day of the violation, and that each day on which the violation continues constitutes a separate and distinct violation. Any penalty imposed pursuant to this paragraph may be recovered with costs in a summary proceeding by the attorney general.
3. The division of environmental protection of the state department of conservation and natural resources:
(a) Shall carry out and enforce the provisions of the program.
(b) May enter into cooperative agreements with other agencies of this state for the enforcement of specific provisions of the program.
4. The division of environmental protection of the state department of conservation and natural resources may compromise and settle any claim for any penalty under this section in such amount in the discretion of the division as may appear appropriate and equitable under all of the circumstances, including the posting of a performance bond by the violator. If a violator is subject to the imposition of more than one civil administrative penalty for the same violation, the division shall compromise and settle the claim for the penalty under this section in such amount as to avoid the duplication of penalties.
5. If a person violates any regulation adopted pursuant to subsection 2, or the provisions of NRS 459.3824, 459.3826 or 459.3828, the division of environmental protection of the state department of conservation and natural resources may institute a civil action in a court of competent jurisdiction for injunctive or any other appropriate relief to prohibit and prevent the violation and the court may proceed in the action in a summary manner.
Sec. 13 1. A person subject to the regulations adopted by the state department of conservation and natural resources pursuant to section 3 of this act shall not knowingly:
(a) Violate any such regulation or the provisions of NRS 459.3824, 459.3826 or 459.3828;
(b) Make any false material statement, representation or certification in any required form, notice or report; or
(c) Render inaccurate any required monitoring device or method.
2. A person who violates subsection 1 shall be punished by a fine of not more than $10,000 per day of the violation, and each day on which the violation continues constitutes a separate and distinct violation.
Sec. 14 NRS 459.3808 is hereby amended to read as follows:
459.3808 "Hazard" means a characteristic of a:
1. Highly hazardous substance designated as such in NRS 459.3816 [;] or any regulations adopted pursuant thereto;
2. System involving the use of such a highly hazardous substance;
3. Manufacturing plant using or producing a highly hazardous substance; or
4. Process relating to a highly hazardous substance,
which makes possible a chemical accident.
Sec. 15 NRS 459.3814 is hereby amended to read as follows:
459.3814 The provisions of NRS 459.380 to 459.3874, inclusive, and section 2 of this act do not apply to:
1. The transportation of any hazardous substances within or through this state which is regulated by the state or the United States Department of Transportation.
2. Any final use of anhydrous ammonia for an agricultural purpose, including storage of the substance on the premises of a farm.
3. Activities which are regulated pursuant to both 30 U.S.C. §§ 801 et seq. and 42 U.S.C. [§§ 7401 et seq.] § 7412(r).
Sec. 16 NRS 459.3816 is hereby amended to read as follows:
459.3816 1. The following substances are designated as highly hazardous, if present in the quantity designated after each substance or a greater quantity:

Number Assigned
by Chemical Quantity
Chemical Name of Substance Abstract Service (In pounds)

Acetaldehyde 75-07-0 2500
Acrolein (2-Propenal) 107-02-8 150
[Acrytyl] Acrylyl Chloride 814-68-6 250
Allyl Chloride 107-05-1 1000
Allylamine 107-11-9 1500
Alkylaluminums None 5000
Ammonia, Anhydrous 7664-41-7 5000
Ammonia solutions (44% ammonia by weight) 7664-41-7 10000
Ammonium Perchlorate 7790-98-9 7500
Ammonium Permanganate 7787-36-2 7500
Arsine (also called Arsenic Hydride) 7784-42-1 100
Bis (Chloromethyl) Ether 542-88-1 100
Boron Trichloride 10294-34-5 2500
Boron Trifluoride 7637-07-2 250
Bromine 7726-95-6 1500
Bromine Chloride 13863-41-7 1500
Bromine Pentafluoride 7789-30-2 2500
Bromine Trifluoride 7787-71-5 15000
3-Bromopropyne (also called Propargyl Bromide) 106-96-7 7500
Butyl Hydroperoxide (Tertiary) 75-91-2 5000
Butyl Perbenzoate (Tertiary) 614-45-9 7500
Carbonyl Chloride (see Phosgene) 75-44-5 100
Carbonyl Fluoride 353-50-4 2500
Cellulose Nitrate (concentration 12.6% Nitrogen) 9004-70-0 2500
Chlorine 7782-50-5 1500
Chlorine Dioxide 10049-04-4 1000
Chlorine Pentafluoride 13637-63-3 1000
Chlorine Trifluoride 7790-91-2 1000

Chlorodiethylaluminum (also called Diethylaluminum Chloride 96-10-6 5000

1-Chloro-2,4-Dinitrobenzene 97-00-7 5000

Chloromethyl Methyl Ether 107-30-2 500

Chloropicrin 76-06-2 500

Chloropicrin and Methyl Bromide mixture None 1500

Chloropicrin and Methyl Chloride mixture None 1500

Ethyl Methyl Ketone Peroxide (also Methyl Ethyl Ketone Peroxide; concentration 60%) 1338-23-4 5000

Hydrogen Peroxide (52% by weight or more) 7722-84-1 7500

Methyl Ethyl Ketone Peroxide (concentration 60%) 1338-23-4 5000

Nickel Carbonyl (Nickel Tetracarbonyl) 13463-39-3 150

Nitric Acid (94.5% by weight or greater) 7697-37-2 500

Nitrogen Oxides (NO; NO₂; N₂O₄; N₂O₃) 10102-44-0 250

Nitrogen Tetroxide (also called Nitrogen Peroxide) 10544-72-6 250

Nitrogen Trifluoride 7783-54-2 5000

Nitrogen Trioxide 10544-73-7 250

Oleum (65% [to 80% by weight;] or greater by weight of sulfur trioxide; also called Fuming Sulfuric

Acid) [8014-94-7] 8014-95-7 1000

Osmium Tetroxide 20816-12-0 100

Oxygen Difluoride (Fluorine Monoxide) 7783-41-7 100

Peracetic Acid (also called Peroxyacetic Acid) 79-21-0 5000

Perchloric Acid (concentration 60%) 7601-90-3 5000

Perchloromethyl Mercaptan 594-42-3 150

Perchloryl Fluoride 7616-94-6 5000

Peroxyacetic Acid (concentration 60%; also called Peracetic Acid) 79-21-0 5000

Phosgene (also called Carbonyl Chloride) 75-44-5 100

Phosphine (Hydrogen Phosphide) 7803-51-2 100

Phosphorus Oxychloride (also called Phosphoryl

Chloride) 10025-87-3 1000

Phosphorus Trichloride 7719-12-2 1000

Phosphoryl Chloride (also called Phosphorus

Oxychloride) 10025-87-3 1000

Propargyl Bromide 106-96-7 7500

Propyl Nitrate [627-3-4] 627-13-4 2500

Sarin 107-44-8 100

Selenium Hexafluoride 7783-79-1 1000

Stibine (Antimony Hydride) 7803-52-3 500

Sulfur Dioxide (liquid) 7446-09-5 1000

Sulfur Pentafluoride 5714-22-7 250

Sulfur Tetrafluoride 7783-60-0 250

Sulfur Trioxide (also called Sulfuric Anhydride) 7446-11-9 1000

Sulfuric Anhydride (also called Sulfur Trioxide) 7446-11-9 1000

2. The division, in consultation with the health districts created pursuant to NRS 439.370, the health division of the department of human resources and the division of industrial relations of the department of business and industry , shall regularly examine the sources of information available to it with regard to potentially highly hazardous substances. The division shall, by regulation, add to the list of highly hazardous substances any chemical that is identified as being used, manufactured, stored, or capable of being produced, at a facility, in sufficient quantities at a single site, that its release into the environment would produce a significant likelihood that persons exposed would suffer death or substantial bodily harm as a consequence of the exposure.
Sec. 17 NRS 459.3846 is hereby amended to read as follows:
459.3846 1. The person who conducted the assessment shall prepare and provide to the division and the facility a written report of assessment of the risk through analysis of the hazard, which must use as its standard the best available technology for control and must include findings, conclusions and recommendations.
2. The report must be written in a format that will permit its publication. To the extent that any portion of the report requires discussion of trade secrets, that information must be contained in a severable addendum to the report. In writing the report, the person who conducted the assessment shall, while protecting trade secrets, include in the publishable portion of the report sufficient information, in clear and comprehensible nontechnical language, to enable a member of the public to understand the significance of the report's findings, conclusions and recommendations.
3. A plan or report required pursuant to 42 U.S.C. § 7412(r), or any regulations adopted pursuant thereto, that is substantially equivalent to the report required pursuant to subsections 1 and 2 shall be deemed to satisfy the requirements of subsections 1 and 2.
4. A trade secret is entitled to protection under this section only if:
(a) The registrant of the facility has not disclosed the information to any other person, other than a member of a local emergency planning committee, an officer or employee of the United States or a state or local government, an employee of such a person, or a person who is bound by an agreement of confidentiality, and the registrant has taken reasonable measures to protect the confidentiality of the information and intends to continue to take such measures;
(b) The information is not required to be disclosed, or otherwise made available, to the public under any other federal or state law;
(c) Disclosure of the information is likely to cause substantial harm to the competitive position of the registrant; and
(d) The chemical identity of a substance, if that is the trade secret, is not readily discoverable through analysis of the product containing it or scientific knowledge of how such a product must be made.
Sec. 18 NRS 459.705 is hereby amended to read as follows:
459.705 1. Every person who transports in a motor vehicle upon the highways of this state hazardous materials which are required to be placarded in accordance with federal law shall, pursuant to regulations of the department:
(a) Obtain from the division a permit to transport the hazardous materials.
(b) Submit each motor vehicle used to transport the hazardous materials for an inspection pursuant to the regulations of the department as to the safety of the vehicle to transport hazardous materials.
2. [The] Except as otherwise provided in subsection 3, the department shall adopt regulations concerning such permits. The regulations may require that the permit or a legible copy of the permit be carried in the driver's compartment of the motor vehicle at all times while the vehicle is used to transport hazardous materials.
3. The department shall not adopt any regulation requiring such a permit or requiring recordkeeping for the purposes of such a permit for a motor vehicle unless the motor vehicle is actually used to transport hazardous material:
(a) Of a type and amount for which a vehicle transporting the substance must be placarded pursuant to 49 C.F.R. Part 172;
(b) Of a type and amount for which a uniform hazardous waste manifest is required pursuant to 40 C.F.R. Part 262;
(c) Which is transported in bulk packaging, as defined in 49 C.F.R. § 171.8; or
(d) Identified as a hazardous material pursuant to NRS 459.710.
4. In addition to complying with the provisions of this section and any regulations adopted pursuant thereto, the division shall comply with the provisions of NRS 459.707 and 459.708 if an application is submitted for a permit to transport radioactive waste. Sec. 19 1. This section and sections 1, 2 and 7 of this act become effective upon passage and approval.
2. Sections 3 to 6, inclusive, 8 and 9 of this act become effective on October 1, 1997.".
Amend the title of the bill, second line, after the semicolon by inserting:
"prohibiting certain acts relating to the regulation of hazardous materials; authorizing a program to prevent and minimize the consequences of the accidental release of hazardous substances; providing a penalty;".
Assemblywoman de Braga moved the adoption of the amendment.
Remarks by Assemblywoman de Braga.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.

Vivian L. Freeman,

Chairman

Assemblyman Perkins moved that the Assembly recess subject to the call of the Chair.
Motion carried.

Assembly in recess at 5:08 p.m.

At 5:38 p.m.
Mr. Speaker presiding.
Quorum present.

Wendell P. Williams,

Chairman

Mr. Speaker:
Your Committee on Ways and Means, to which was referred Assembly Bill No. 625, 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

Assembly Bill No. 126.
The following Senate amendment was read:
Amendment No. 1015.
Amend sec. 3, page 2, lines 36 and 37, by deleting:
"the effective date of this act." and inserting:
"July 1, 1998.".
Amend sec. 3, page 2, line 41, by deleting:
"the effective date of this act." and inserting:
"July 1, 1998.".
Amend sec. 4, page 2, line 42, by deleting:
"upon passage and approval." and inserting:
"on July 1, 1998.".
Amend the bill as a whole by adding a preamble, immediately preceding the enacting clause, to read as follows:
"Whereas, Pursuant to the provisions of NRS, the tax revenue generated from one geographical area is being used to support a library district that is associated with a different geographical area; and
Whereas, It is equitable that the revenue generated from the taxes imposed on property located within a particular geographical area should be used to support the library district within that geographical area; and
Whereas, The budgets of the Clark County library district and the North Las Vegas library district have been established in compliance with the provisions of NRS; and
Whereas, It is not appropriate at this time to change the established sources of funding for the Clark County library district and the North Las Vegas library district because their budgets have been finalized for the next fiscal year; and
Whereas, It is the intent of the legislature that the additional revenue that the North Las Vegas library district will receive after July 1, 1998, will be used for library services and will supplement, rather than replace, the money that the library district receives from other sources; now, therefore,".
Assemblyman Bache moved that the Assembly concur in the Senate amendment to Assembly Bill No. 126.
Remarks by Assemblyman Bache.
Motion carried.
Bill ordered enrolled.

"AN ACT relating to motor carriers; prohibiting a common motor carrier from operating or permitting the operation of a vehicle in passenger service without a certificate of public convenience and necessity; authorizing a law enforcement officer to tow certain vehicles being operated without a certificate of public convenience and necessity under certain circumstances; providing a penalty; and providing other matters properly relating thereto.".

Amend the summary of the bill to read as follows:

"SUMMARY--Revises provisions governing operation of vehicles in passenger service without a certificate of public convenience and necessity. (BDR 58-1528)".

Assembly Bill No. 609.
Bill read third time.
Remarks by Assemblywoman Krenzer.
Roll call on Assembly Bill No. 609:
Yeas -- 40.
Nays -- Collins.
Not voting -- Krenzer.
Assembly Bill No. 609 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 518.
Bill read third time.
Remarks by Assemblyman Williams.
Roll call on Assembly Bill No. 518:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 518 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Senate Bill No. 455.
Bill read third time.
Remarks by Assemblyman Price.
Roll call on Senate Bill No. 455:
Yeas -- 42.
Nays -- None.
Senate Bill No. 455 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Senate Bill No. 325.
Bill read third time.
Remarks by Assemblyman Gustavson.
Roll call on Senate Bill No. 325:
Yeas -- 42.
Nays -- None.
Senate Bill No. 325 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Senate Bill No. 331.
Bill read third time.
Remarks by Assemblywoman Ohrenschall.
Roll call on Senate Bill No. 331:
Yeas -- 42.
Nays -- None.
Senate Bill No. 331 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Senate Bill No. 368.
Bill read third time.
Remarks by Assemblyman Herrera.
Roll call on Senate Bill No. 368:
Yeas -- 42.
Nays -- None.
Senate Bill No. 368 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Senate Bill No. 446.
Bill read third time.
Remarks by Assemblyman Carpenter.
Roll call on Senate Bill No. 446:
Yeas -- 42.
Nays -- None.
Senate Bill No. 446 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Senate Bill No. 50.
Bill read third time.
Remarks by Assemblyman Bache.
Roll call on Senate Bill No. 50:
Yeas -- 39.
Nays -- Freeman, Lambert, Parks - 3.
Senate Bill No. 50 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Senate Bill No. 429.
Bill read third time.
Remarks by Assemblyman Bache.
Roll call on Senate Bill No. 429:
Yeas -- 42.
Nays -- None.
Senate Bill No. 429 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Assemblywoman Buckley moved that Assembly Bill No. 578 be taken from the Chief Clerk's desk and placed on the General File.
Motion carried.

Assemblywoman Buckley moved that Senate Bill No. 356 be placed on the Second Reading File.
Motion carried.

Assemblyman Williams moved that Senate Bill No. 320 be taken from the Chief Clerk's desk and placed on the General File.
Motion carried.

Assemblyman Price moved that Senate Bill No. 424 be taken from the Chief Clerk's desk and placed on the Second Reading File.
Motion carried.

Assemblyman Perkins moved that the Assembly recess subject to the call of the Chair.
Motion carried.

Assembly in recess at 6:05 p.m.

At 6:26 p.m.
Mr. Speaker presiding.
Quorum present.

Christina R. Giunchigliani,

Chairman

Mr. Speaker:
Your Committee on Ways and Means, to which were referred Assembly Bills Nos. 33, 464, 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

Senate Bill No. 424.
Bill read second time.
The following amendment was proposed by the Committee on Taxation:
Amendment No. 953.
Amend the bill as a whole by renumbering sections 1 through 4 as sections 2 through 5 and adding a new section designated section 1, following the enacting clause, to read as follows:
"Section 25 NRS 360.291 is hereby amended to read as follows:
360.291The legislature hereby declares that each taxpayer has the right:
1. To be treated by officers and employees of the department with courtesy, fairness, uniformity, consistency and common sense.
2. To a prompt response from the department to each communication from the taxpayer.
3. To provide the minimum documentation and other information as may reasonably be required by the department to carry out its duties.
4. To written explanations of common errors, oversights and violations that taxpayers experience and instructions on how to avoid such problems.
5. To be informed by the department whenever its officer, employee or agent determines that the taxpayer is entitled to an exemption or has been taxed or assessed more than is required by law.
6. To written instructions indicating how the taxpayer may petition for:
(a) An adjustment of an assessment; or
(b) A refund or credit for overpayment of taxes, interest or penalties.
7. To recover an overpayment of taxes promptly upon the final determination of such an overpayment.
8. To obtain specific advice from the department concerning taxes imposed by the state.
9. In any meeting with the department, including an audit, conference, interview or hearing:
(a) To an explanation by an officer or employee of the department that describes the procedures to be followed and the taxpayer's rights thereunder;
(b) To be represented by himself or anyone who is otherwise authorized by law to represent him before the department;
(c) To make an audio recording using the taxpayer's own equipment and at the taxpayer's own expense; and
(d) To receive a copy of any document or audio recording made by or in the possession of the department relating to the determination or collection of any tax for which the taxpayer is assessed, upon payment of the actual cost to the department of making the copy.
10. To a full explanation of the department's authority to assess a tax or to collect delinquent taxes, including the procedures and notices for review and appeal that are required for the protection of the taxpayer.
11. To the immediate release of any lien which the department has placed on real or personal property for the nonpayment of any tax when:
(a) The tax is paid;
(b) The period of limitation for collecting the tax expires;
(c) The lien is the result of an error by the department;
(d) The department determines that the taxes, interest and penalties are secured sufficiently by a lien on other property;
(e) The release or subordination of the lien will not jeopardize the collection of the taxes, interest and penalties;
(f) The release of the lien will facilitate the collection of the taxes, interest and penalties; or
(g) The department determines that the lien is creating an economic hardship.
12. To the release or reduction of a sales tax bond in accordance with applicable statutes and regulations.
13. To be free from investigation and surveillance by an officer, agent or employee of the department for any purpose that is not directly related to the administration of the provisions of this Title.
14. To be free from harassment and intimidation by an officer, agent or employee of the department for any reason.".
Amend section 1, page 1, line 2, by deleting:
"2, 3 and 4" and inserting:
"3, 4 and 5".
Amend sec. 2, page 1, by deleting line 3 and inserting:
"Sec. 3. 1. An ordinance adopted by a city or county after July 1,".
Amend sec. 2, page 1, line 8, by deleting "1." and inserting "(a)".
Amend sec. 2, page 1, line 9, by deleting "2." and inserting "(b)".
Amend sec. 2, page 1, by deleting lines 11 through 13 and inserting:
"2. An agenda that proposes such an ordinance must include a statement indicating whether the proposed ordinance establishes a new tax or fee, or increases an existing tax or fee.".
Amend sec. 4, page 3, line 1, by deleting "3" and inserting "4 ".
Amend sec. 4, page 3, line 6, by deleting "section 3" and inserting "section 4 ".
Amend the bill as a whole by renumbering sec. 5 as sec. 8 and adding new sections designated sections 6 and 7, following sec. 4, to read as follows:
"Sec. 6. NRS 365.210 is hereby amended to read as follows:
365.2101. No county, city or other political subdivision or municipal corporation may levy or collect any excise, privilege or occupation tax upon or measured by the receipt, storage, sale, distribution, transportation or use of motor vehicle fuel, fuel for jet or turbine-powered aircraft or any other inflammable or combustible liquids except:
(a) The county motor vehicle fuel tax authorized by chapter 373 of NRS.
(b) A tax on fuel for jet or turbine-powered aircraft authorized by NRS 365.203.
(c) Any motor vehicle fuel taxation in effect on January 1, 1935, in any city or town.
[(d) County and city business license taxes where otherwise authorized by law, except as otherwise provided in subsection 2.]
2. After March 25, 1991, no county, city or other political subdivision or municipal corporation responsible for the operation of an airport may impose a new tax or fee upon the sale or distribution of fuel for jet or turbine-powered aircraft except:
(a) A tax on fuel for jet or turbine-powered aircraft authorized by NRS 365.203.
(b) Any fuel flowage fee imposed upon aircraft or organizations servicing aircraft in lieu of rent for use of the terminal, landing fees or other airport charges.
Sec. 7. Section 3 of Senate Bill No. 223 of this session is hereby amended to read as follows:

Sec. 3. NRS 365.210 is hereby amended to read as follows:

365.210 1. No county, city or other political subdivision or municipal corporation may levy or collect any excise, privilege or occupation tax upon or measured by the receipt, storage, sale, distribution, transportation or use of motor vehicle fuel, fuel for jet or turbine-powered aircraft or any other inflammable or combustible liquids except:

(a) The county motor vehicle fuel tax authorized by chapter 373 of NRS.

(b) A tax on fuel for jet or turbine-powered aircraft authorized by NRS 365.203.

(c) A tax on aviation fuel authorized by NRS 365.203.

(d) Any motor vehicle fuel taxation in effect on January 1, 1935, in any city or town.

2. After March 25, 1991, no county, city or other political subdivision or municipal corporation responsible for the operation of an airport may impose a new tax or fee upon the sale or distribution of fuel for jet or turbine-powered aircraft except:

(a) A tax on fuel for jet or turbine-powered aircraft authorized by NRS 365.203.

(b) Any fuel flowage fee imposed upon aircraft or organizations servicing aircraft in lieu of rent for use of the terminal, landing fees or other airport charges.".

"AN ACT relating to taxation; prohibiting a city or county from considering any tax on fuel or retail sales collected by a private enterprise when calculating certain fees and taxes required to be paid by that enterprise; providing certain rights for the payers of those fees and taxes; making various other changes concerning taxation; and providing other matters properly relating thereto.".

Assembly Bill No. 578.
Bill read third time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 1056.
Amend sec. 3, page 2, by deleting lines 1 through 3 and inserting:
"Sec. 3. 1. The commissioner shall deliver to the secretary of state a copy of an order of the commissioner or of the district court prohibiting an insurer from transacting insurance in this state as a corporation, limited-liability company, limited partnership or limited-liability partnership.
2. Upon receiving the order, the secretary of state shall revoke the charter of the corporation or limited-liability company or the certificate of the limited partnership or limited-liability partnership.
3. The secretary of state shall not accept for filing a document with the same name as a corporation, limited-liability company, limited partnership or limited-liability partnership whose charter or certificate has been revoked.".
Amend the bill as a whole by adding new sections designated sections 22.2 and 22.4, following sec. 22, to read as follows:
"Sec. 22.2. Chapter 687B of NRS is hereby amended by adding thereto a new section to read as follows:
1. An insurer offering an umbrella policy to an individual shall obtain a signed disclosure statement from the individual indicating whether the umbrella policy includes uninsured or underinsured vehicle coverage.
2. The disclosure statement must be on a form provided by the commissioner or in substantially the following form:

UMBRELLA POLICY DISCLOSURE STATEMENT
UNINSURED/UNDERINSURED VEHICLE COVERAGE

ÿ Your Umbrella Policy does provide coverage in excess of the limits of the uninsured/underinsured vehicle coverage in your primary auto insurance only if the underlying requirements for the uninsured/underinsured vehicle coverage in your auto insurance are maintained. The minimum uninsured/underinsured vehicle coverage in your umbrella insurance policy is $ . The limits of the uninsured/underinsured vehicle coverage in your primary auto insurance policy are $ . .

I understand and acknowledge the above disclosure.

Insured Date

ÿ Your Umbrella Liability Policy does not provide any uninsured/underinsured vehicle coverage.

I understand and acknowledge the above disclosure.

Insured Date

3. As used in this section, "umbrella policy" means a policy that protects a person against losses in excess of the underlying amount required to be covered by other policies.

Sec. 21. 1. In addition to any other report which is required to be filed with the commissioner or the state board of health, each managed care organization shall file with the commissioner and the state board of health, on or before March 1 of each year, a report regarding its methods for reviewing the quality of health care services provided to its insureds.

2. Each managed care organization shall include in its report the criteria, data, benchmarks or studies used to:

(a) Assess the nature, scope, quality and [staffing] accessibility of health care services provided to insureds; or

(b) Determine any reduction or modification of the provision of health care services to insureds.

3. Except as already required to be filed with the commissioner or the state board of health, if the managed care organization is not owned and operated by a public entity and has more than 100 insureds, the report filed pursuant to subsection 1 must include:

(a) A copy of all of its quarterly and annual financial reports;

(b) A statement of any financial interest it has in any other business which is related to health care that is greater than 5 percent of that business or $5,000, whichever is less; and

(c) A description of each complaint filed with or against it that resulted in arbitration, a lawsuit or other legal proceeding, unless disclosure is prohibited by law or a court order.

4. A report filed pursuant to this section must be made available for public inspection within a reasonable time after it is received by the commissioner.".

Senate Bill No. 478.
Bill read third time.
Remarks by Assemblyman Bache.
Roll call on Senate Bill No. 478:
Yeas -- 42.
Nays -- None.
Senate Bill No. 478 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Senate Bill No. 314.
Bill read third time.
Remarks by Assemblymen Buckley, Goldwater, Bache, Manendo, Cegavske, Price, Hettrick, Parks, Gustavson, Close, Berman and Braunlin.
Potential conflicts of interest declared by Assemblymen Cegavske, Price, Hettrick, Parks, Gustavson, Close, Buckley, Berman and Braunlin.
Roll call on Senate Bill No. 314:
Yeas -- 39.
Nays -- Gustavson, Hettrick, Marvel - 3.
Senate Bill No. 314 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Marcia de Braga,

Chairman

Mr. Speaker:
Your Committee on Ways and Means, to which was re-referred Senate Bill No. 17, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass, as amended.

Morse Arberry, Jr.,

Chairman

Assemblyman Perkins moved that Assembly Bills Nos. 33, 464 be placed on the Second Reading File.
Motion carried.

Assemblyman Perkins moved that Assembly Concurrent Resolution No. 32 be placed on the Resolution File.
Motion carried.

Senate Bill No. 201.
Bill read third time.
Remarks by Assemblyman Marvel.
Roll call on Senate Bill No. 201:
Yeas -- 42.
Nays -- None.
Senate Bill No. 201 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Senate Bill No. 204.
Bill read third time.
Remarks by Assemblyman Humke.
Roll call on Senate Bill No. 204:
Yeas -- 42.
Nays -- None.
Senate Bill No. 204 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Senate Bill No. 219.
Bill read third time.
Remarks by Assemblyman Price.
Roll call on Senate Bill No. 219:
Yeas -- 42.
Nays -- None.
Senate Bill No. 219 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Senate Bill No. 378.
Bill read third time.
Remarks by Assemblywoman Krenzer.
Roll call on Senate Bill No. 378:
Yeas -- 42.
Nays -- None.
Senate Bill No. 378 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Senate Bill No. 490.
Bill read third time.
Remarks by Assemblyman Hettrick.
Roll call on Senate Bill No. 490:
Yeas -- 42.
Nays -- None.
Senate Bill No. 490 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Senate Bill No. 447.
Bill read third time.
Remarks by Assemblymen Giunchigliani and Segerblom.
Roll call on Senate Bill No. 447:
Yeas -- 40.
Nays -- Carpenter, Segerblom - 2.
Senate Bill No. 447 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Senate Bill No. 6.
Bill read third time.
Remarks by Assemblyman Humke.
Roll call on Senate Bill No. 6:
Yeas -- 42.
Nays -- None.
Senate Bill No. 6 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Senate Bill No. 341.
Bill read third time.
Remarks by Assemblymen Parks and Chowning.
Roll call on Senate Bill No. 341:
Yeas -- 42.
Nays -- None.
Senate Bill No. 341 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Senate Bill No. 365.
Bill read third time.
Remarks by Assemblyman Price.
Roll call on Senate Bill No. 365:
Yeas -- 42.
Nays -- None.
Senate Bill No. 365 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Senate Bill No. 58.
Bill read third time.
Remarks by Assemblywoman Chowning.
Roll call on Senate Bill No. 58:
Yeas -- 40.
Nays -- Arberry, Collins - 2.
Senate Bill No. 58 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Senate Bill No. 313.
Bill read third time.
Remarks by Assemblyman Amodei.
Roll call on Senate Bill No. 313:
Yeas -- 42.
Nays -- None.
Senate Bill No. 313 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Senate Bill No. 367.
Bill read third time.
Remarks by Assemblymen Herrera, Collins and Anderson.
Roll call on Senate Bill No. 367:
Yeas -- 42.
Nays -- None.
Senate Bill No. 367 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Sec. 3. 1. Each employer shall ensure that:

(a) A certificate [issued by the system pursuant to NRS 616B.200;] of insurance provided pursuant to section 2 of this act;

(b) A certificate issued by the commissioner pursuant to NRS 616B.312; or

(c) A certificate issued to an association of self-insured public or private employers by the commissioner pursuant to NRS 616B.359 and a certificate or letter issued by such an association verifying that the employer is a member in good standing of the association,

is posted in a conspicuous location at each of the employer's places of business, including, without limitation, each location at which the employer has directed one or more employees to perform work.

2. An employer who violates the provisions of subsection 1 is guilty of a misdemeanor.

Sec. 18. NRS 616D.200 is hereby amended to read as follows:

616D.200 1. If the manager finds that an employer within the provisions of NRS 616B.633 has failed to provide and secure compensation as required by the terms of chapters 616A to 616D, inclusive, of NRS or that the employer has provided and secured that compensation but has failed to maintain it, he shall make a determination thereon and may charge the employer an amount equal to the sum of:

(a) The premiums that would otherwise have been owed to the system pursuant to the terms of chapters 616A to 616D, inclusive, of NRS for the period that the employer was doing business in this state without providing, securing or maintaining that compensation, but not to exceed 6 years;

(b) The actual costs incurred by the system in reinstating the policy, but not to exceed 10 percent of the premiums owed by the employer; and

(c) Interest at a rate determined pursuant to NRS 17.130 computed from the time that the premiums should have been paid.

2. The manager shall mail a copy of his determination to the employer. An employer who is aggrieved by the manager's determination may appeal from the determination pursuant to subsection 2 of NRS 616D.220.

3. Any employer within the provisions of NRS 616B.633 who fails to provide, secure or maintain compensation as required by the terms of chapters 616A to 616D, inclusive, of NRS, is:

(a) For the first offense, guilty of a misdemeanor.

(b) For a second or subsequent offense committed within 7 years after the previous offense, guilty of a category D felony [, punishable by imprisonment in the state prison for a definite term of not less than 1 year nor more than 5 years or by a fine of not more than $10,000, or by both fine and imprisonment. A person who is sentenced to imprisonment becomes eligible for parole when he has served one-third of the definite term for which he has been sentenced, less any credit earned to reduce his sentence pursuant to chapter 209 of NRS.] and shall be punished as provided in NRS 193.130.

Any criminal penalty imposed must be in addition to the amount charged pursuant to subsection 1.".

Sec. 20. Section 104 of chapter 580, Statutes of Nevada 1995, at page 2032, is hereby amended to read as follows:

Sec. 104. NRS 616D.200 is hereby amended to read as follows:

616D.200 1. If the [manager] administrator finds that an employer within the provisions of NRS 616B.633:

(a) Has failed to provide and secure compensation as required by the terms of this chapter; or

(b) Has provided and secured such compensation but has failed to maintain that compensation,

he shall make a determination thereon based on any information that is within his possession or that may come within his possession and may charge the employer an amount of not more than three times the premiums that would otherwise have been owed to the system if he had been insured by the system pursuant to the terms of this chapter for the period that the employer was doing business in this state without providing, securing or maintaining that compensation, but not to exceed 6 years. Any money collected by the administrator pursuant to this subsection must be deposited into the uninsured employers' claim fund.

2. [The manager shall mail a copy of his determination to the employer.] If the manager is not satisfied with the amount of a premium required to be paid to the system by any person, he may compute and determine the amount required to be paid on the basis of any information within his possession or which may come into his possession. One or more determinations of a deficiency may be made of the amount due for one or more periods.

3. Except for a determination made pursuant to subsection 1, a notice of a determination of a deficiency issued by the manager must be served personally or mailed within 3 years after the last day of the calendar month following the period for which the amount that is proposed to be determined is due. An employer who is aggrieved by [the manager's] a determination made pursuant to this section or NRS 360.300 may appeal from the determination pursuant to subsection 2 of NRS 616D.220.

[3.] 4. Any employer within the provisions of NRS 616B.633 who fails to provide, secure or maintain compensation as required by the terms of this chapter, is:

(a) For the first offense, guilty of a gross misdemeanor.

(b) For a second or subsequent offense committed within 7 years after the previous offense, guilty of a category D felony and shall be punished as provided in NRS 193.130.

Any criminal penalty imposed must be in addition to the amount charged pursuant to subsection 1.

Sec. 104. NRS 616D.200 is hereby amended to read as follows:

616D.200 1. If the [manager] administrator finds that an employer within the provisions of NRS 616B.633 has failed to provide and secure compensation as required by the terms of this chapter, he shall make a determination thereon based on any information that is within his possession or that may come within his possession and charge the employer an amount [equal to] of not more than three times the premiums that would otherwise have been owed to the system if he had been insured by the system pursuant to the terms of this chapter for the period that the employer was doing business in this state without providing or securing compensation, but not to exceed 6 years. Any money collected by the administrator pursuant to this subsection must be deposited into the uninsured employers' claim fund.

2. [The manager shall mail a copy of his determination to the employer.] If the manager is not satisfied with the amount of a premium required to be paid to the system by any person, he may compute and determine the amount required to be paid on the basis of any information within his possession or which may come into his possession. One or more determinations of a deficiency may be made of the amount due for one or more periods.

3. Except for a determination made pursuant to subsection 1, a notice of a determination of a deficiency issued by the manager must be served personally or mailed within 3 years after the last day of the calendar month following the period for which the amount that is proposed to be determined is due. An employer who is aggrieved by [the manager's] a determination made pursuant to this section or NRS 360.300 may appeal from the determination pursuant to subsection 2 of NRS 616D.220.

[3.] 4. Any employer within the provisions of NRS 616B.633 who fails to provide and secure compensation as required by the terms of this chapter, is:

(a) For the first offense, guilty of a misdemeanor.

(b) For a second or subsequent offense committed within 7 years after the previous offense, guilty of a gross misdemeanor.

Any criminal penalty imposed must be in addition to the amount charged pursuant to subsection 1.".

"AN ACT making appropriations to the Great Basin College, Winnemucca Center, for equipment and landscaping and to Western Nevada Community College for completion of the construction of its Douglas Center and for the purchase of certain related equipment; and providing other matters properly relating thereto.".

Amend the summary of the bill to read as follows:

"SUMMARY--Makes appropriations to Great Basin College for equipment and landscaping and to Western Nevada Community College for completion of construction of its Douglas Center. (BDR S-44)".

Assembly Bill No. 464.
Bill read second time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 1120.
Amend the bill as a whole by deleting sections 1 through 3 and adding new sections designated sections 1 through 4, following the enacting clause, to read as follows:
"Section 26 1. There is hereby appropriated from the state general fund to Clark County the sum of $6,500,000 for the demolition of certain old structures and the construction and expansion of the facilities at the Spring Mountain Youth Camp.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2001, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 27 1. There is hereby appropriated from the state general fund to Humboldt County the sum of $750,000 for the construction of a juvenile detention facility.
2. Humboldt County may use the money appropriated by subsection 1 only if matching money is provided by Humboldt, Lander and Pershing counties from sources other than the appropriation in subsection 1.
3. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2001, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 28 1. There is hereby appropriated from the state general fund to Lyon County the sum of $1,250,000 for the construction of a regional facility for children for Carson City and Churchill, Douglas, Lyon and Storey counties.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2001, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 29 This act becomes effective on July 1, 1997.".
Amend the title of the bill to read as follows:

"AN ACT making various appropriations for certain facilities for children; and providing other matters properly relating thereto.".

Amend the summary of the bill to read as follows:

"SUMMARY--Makes various appropriations for certain facilities for children. (BDR S-1574)".

Enter text for Senate Amendment 850 to Assembly Bill No. 366.

Christina R. Giunchigliani,

Chairman

Christina R. Giunchigliani,

Chairman

Mr. Speaker:
Your Concurrent Committee on Elections, Procedures, and Ethics, to which was referred Senate Concurrent Resolution No. 46, has had the same under consideration, and begs leave to report the same back with the recommendation: Be adopted.

Christina R. Giunchigliani,

Chairman

Assemblyman Perkins moved that the Assembly recess subject to the call of the Chair.
Motion carried.

Assembly in recess at 7:33 p.m.

At 8:07 p.m.
Mr. Speaker presiding.
Quorum present.

Assembly Bill No. 648.
Bill read third time.
Remarks by Assemblyman Price.
Roll call on Assembly Bill No. 648:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 648 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Senate Bill No. 452.
Bill read third time.
Remarks by Assemblymen Price and Lambert.
Roll call on Senate Bill No. 452:
Yeas -- 42.
Nays -- None.
Senate Bill No. 452 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

In compliance with a notice given on a previous day, Assemblyman Price moved that the vote whereby Assembly Bill No. 499 was refused passage be reconsidered.
Remarks by Assemblymen Price and Humke.
Assemblymen Humke, Nolan and Hettrick requested a roll call on Assemblyman Price's motion.
Roll call on Assemblyman Price's motion:
Yeas -- 23.
Nays -- Anderson, Arberry, Bache, Buckley, Cegavske, de Braga, Dini, Freeman, Goldwater, Gustavson, Herrera, Koivisto, Krenzer, Lambert, Marvel, Mortenson, Neighbors, Perkins, Williams - 19.
The motion having received a majority, Mr. Speaker declared it carried.

Mr. Speaker:
The first Committee on Conference concerning Senate Bill No. 258, consisting of the undersigned members, has met, and reports that:
It has agreed to recommend that the amendment of the Assembly be concurred in. It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. 9, which is attached to and hereby made a part of this report.
Clarence W. Collins Maurice WAshington Brian Sandoval Ernest E. AdlerBernard J. AndersonJoseph M. NealAssembly Committee on ConferenceSenate Committee on Conference
Conference Amendment No. 9.
Amend section 1, page 1, line 15, by deleting "certified [record]" and inserting:
"[certified record] verified ".
Amend sec. 2, page 2, line 34, by deleting "certified " and inserting "verified ".
Assemblyman Collins moved to adopt the report of the first Committee on Conference concerning Senate Bill No. 258.
Remarks by Assemblyman Collins.
Motion carried.

On request of Assemblyman Ernaut, the privilege of the floor of the Assembly Chamber for this day was extended to Adam Francis.

On request of Assemblywoman Evans, the privilege of the floor of the Assembly Chamber for this day was extended to John Coleman.

On request of Assemblyman Nolan, the privilege of the floor of the Assembly Chamber for this day was extended to Michael Sims and Robbie Jay.

On request of Assemblywoman Ohrenschall, the privilege of the floor of the Assembly Chamber for this day was extended to Gary Stafford.

Assemblyman Perkins moved that the Assembly adjourn until Thursday, July 3, 1997 at 10:30 a.m.
Motion carried.

Assembly adjourned at 8:31 p.m.

Approved:

Joseph E. Dini, Jr.

Speaker of the Assembly

Attest: Linda B. Alden
Chief Clerk of the Assembly