ASSEMBLY DAILY JOURNAL
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THE SEVENTY-SECOND DAY
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Carson City (Tuesday), April 1, 1997
Assembly called to order at 11:29 a.m.
Mr. Speaker presiding.
Roll called.
All present.
Prayer by Elder Edgar G. Carlson.
Our Father who art in Heaven, we humbly bow our heads in prayer at the commencement of this session of the State Assembly. We pray for Thy spirit to be with all those who participate and who represent the citizens of the great State of Nevada. May Thou help those here today to accomplish those tasks before them. We humbly ask in the Name of Jesus Christ.
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.
Richard Perkins,
Chairman
Mr. Speaker:
Your Committee on Government Affairs, to which were referred Assembly Bills Nos. 62, 120, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Douglas A. Bache,
Chairman
Mr. Speaker:
Your Committee on Government Affairs, to which was referred Assembly Bill No. 71, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Douglas A. Bache,
Chairman
Mr. Speaker:
Your Committee on Labor and Management, to which was referred Assembly Bill No. 113, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Saundra Krenzer,
Chairman
Senate Chamber, Carson City, March 31, 1997
To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day passed Assembly Bill No. 22.
Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Assembly Bill No. 15.
Also, I have the honor to inform your honorable body that the Senate on this day passed Senate Bills Nos. 123, 146, 189.
Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bills Nos. 27, 31, 106, 132, 151.
Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Joint Resolutions Nos. 6, 8.
Mary Jo Mongelli
Assistant Secretary of the Senate
Senate Joint Resolution No. 6.
Assemblywoman Buckley moved that the resolution be referred to the Committee on Natural Resources, Agriculture, and Mining.
Motion carried.
Senate Joint Resolution No. 8.
Assemblywoman Buckley moved that the resolution be referred to the Committee on Natural Resources, Agriculture, and Mining.
Motion carried.
Assemblyman Bache moved that the Assembly recess subject to the call of the Chair.
Motion carried.
Assembly in recess at 11:37 a.m.
At 11:38 a.m.
Mr. Speaker presiding.
Quorum present.
Senate Bill No. 27.
Assemblywoman Buckley moved that the bill be referred to the Committee on Natural Resources, Agriculture, and Mining.
Motion carried.
Senate Bill No. 31.
Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 106.
Assemblyman Perkins moved that the bill be referred to the Committee on Commerce.
Motion carried.
Senate Bill No. 123.
Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 132.
Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 146.
Assemblyman Perkins moved that the bill be referred to the Committee on Taxation.
Motion carried.
Senate Bill No. 151.
Assemblyman Perkins moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Senate Bill No. 189.
Assemblyman Perkins moved that the bill be referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.
Assembly Bill No. 50.
Bill read second time.
The following amendment was proposed by Assemblyman Bache:
Amendment No. 108.
Amend sec. 2, page 1, by deleting sec. 2 and inserting:
"Sec. 2. (Deleted by amendment.)".
Amend sec. 3, page 1, line 14, by deleting "A" and inserting:
"Except as otherwise provided in subsection 2, a".
Amend sec. 3, page 1, line 17, by deleting:
"or other explosives".
Amend sec. 3, page 1, line 18, after "2." by inserting:
"This section does not prohibit the possession of fireworks which are being transported through the state park, if the fireworks remain within the passenger or cargo area of the vehicle.
3.".
Amend the title of the bill to read as follows:
The following amendment was proposed by the Committee on Natural Resources, Agriculture, and Mining:
Amendment No. 111.
Amend sec. 2, page 1, by deleting sec. 2 and inserting:
"Sec. 2. (Deleted by amendment.)".
Amend sec. 3, page 1, by deleting lines 14 through 17 and inserting:
"Sec. 3. 1. A person shall not discharge fireworks within or into a state park.".
Amend the title of the bill to read as follows:
Assembly Bill No. 51.
Bill read second time.
The following amendment was proposed by the Committee on Natural Resources, Agriculture, and Mining:
Amendment No. 66.
Amend the bill as a whole by renumbering sections 1 through 3 as sections 2 through 4 and adding a new section designated as section 1, following the enacting clause, to read as follows:
"Section 1. Chapter 555 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The administrator shall adopt regulations specifying a schedule of administrative fines which may be imposed, upon notice and a hearing, for each violation of the provisions of this section and NRS 555.235 to 555.249, inclusive, or the regulations adopted pursuant thereto. The maximum fine that the administrator may impose for each violation may not exceed:
(a) For the first violation, $250;
(b) For the second violation, $500; and
(c) For each subsequent violation, $1,000.
All fines collected by the administrator pursuant to this section must be deposited with the state treasurer for credit to the state general fund.
2. The administrator may:
(a) In addition to imposing an administrative fine pursuant to this section, issue an order requiring a violator to take appropriate action to correct the violation; or
(b) Request the district attorney of the appropriate county to investigate or file a criminal complaint against any person who the administrator suspects may have committed flagrant or repeated violations of any provisions of this section and NRS 555.235 to 555.249, inclusive.".
Amend section 1, page 1, by deleting lines 2 through 12, and inserting:
"555.249Any person violating the provisions of NRS 555.235 to 555.249, inclusive, and section 1 of this act, or the regulations [issued thereunder] adopted pursuant thereto is guilty of a misdemeanor [.] and shall be punished by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $1,000, or by both fine and imprisonment. The prosecuting attorney and the division may recover the costs of the proceeding, including investigative costs and attorney's fees, against a person convicted of a misdemeanor pursuant to this section.".
Amend the title of the bill to read as follows:
Assembly Bill No. 52.
Bill read second time.
The following amendment was proposed by the Committee on Natural Resources, Agriculture, and Mining:
Amendment No. 67.
Amend the bill as a whole by renumbering sections 1 through 3 as sections 2 through 4 and adding a new section designated section 1, following the enacting clause, to read as follows:
"Section 1. Chapter 581 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The state sealer of weights and measures shall adopt regulations specifying a schedule of administrative fines that may be imposed, upon notice and a hearing, for each violation of the provisions of this chapter, or the regulations adopted pursuant thereto. The maximum fine that the state sealer of weights and measures may impose for each violation may not exceed:
(a) For the first violation, $250;
(b) For the second violation, $500; and
(c) For each subsequent violation, $1,000.
All fines collected by the state sealer of weights and measures pursuant to this section must be deposited with the state treasurer for credit to the state general fund.
2. The state sealer of weights and measures may:
(a) In addition to imposing an administrative fine pursuant to this section, issue an order requiring a violator to take appropriate action to correct the violation; or
(b) Request the district attorney of the appropriate county to investigate or file a criminal complaint against any person that the state sealer of weights and measures suspects may have committed flagrant or repeated violations of any provision of this chapter.".
Amend section 1, page 1, line 2, by deleting "1." and inserting "[1.]".
Amend section 1, page 1, by deleting lines 5 through 7 and inserting:
"be] adopted pursuant thereto is guilty of a misdemeanor [.".
Amend section 1, page 1, line 8, by deleting the open bracket.
Amend section 1, pages 1 and 2, by deleting lines 16 through 19 on page 1 and lines 1 through 6 on page 2, and inserting:
"and shall be punished by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $1,000, or by both fine and imprisonment. The prosecuting attorney and the division may recover the costs of the proceeding, including investigative costs and attorney's fees, against a person convicted of a misdemeanor pursuant to this section.".
Amend the title of the bill to read as follows:
Assembly Bill No. 134.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 84.
Amend the bill as a whole by deleting sections 1 and 2 and adding new sections designated sections 1 and 2, following the enacting clause, to read as follows:
"Section 1 NRS 482.333 is hereby amended to read as follows:
482.333 1. A person shall not engage in the activity of a broker of vehicles in this state without first having received a license from the department. Before issuing a license to a broker, the department shall require:
(a) An application, signed and verified by the applicant, stating that the applicant desires to be licensed as a broker, his residential address and the address of his principal place of business;
(b) A statement as to whether any previous application of the applicant for a license as a vehicle dealer or broker has been denied or whether such a license has been suspended or revoked;
(c) Payment of a nonrefundable license fee of $125;
(d) For initial licensure, the submission of a complete set of the applicant's fingerprints and written permission authorizing the department to forward those fingerprints to the central repository for Nevada records of criminal history for submission to the Federal Bureau of Investigation for its report; and
(e) Any other information the department deems necessary.
A license issued pursuant to this section expires on December 31 of the year in which it was issued and may be renewed annually upon the payment of a fee of $50.
2. An application for a broker's license may be denied and a broker's license may be suspended or revoked upon the following grounds:
(a) Conviction of a felony;
(b) Conviction of a gross misdemeanor;
(c) Conviction of a misdemeanor for violation of any of the provisions of this chapter;
(d) Falsification of the application; [or]
(e) Failure or refusal to provide to the department an authorization for the disclosure of financial records for the business as required pursuant to subsection 6; or
(f) Any other reason determined by the director to be in the best interests of the public.
3. If an application for a broker's license has been denied, the applicant may not reapply sooner than 6 months after the denial.
4. A broker's license must be posted in a conspicuous place on the premises of the broker's principal place of business.
5. If any information submitted in the application for a broker's license changes, the broker shall submit a written notice of the change to the department within 10 days.
6. Upon the receipt of any report or complaint alleging that an applicant or a licensee has engaged in financial misconduct or has failed to satisfy financial obligations related to the activity of a broker of vehicles, the department may require the applicant or licensee to submit to the department an authorization for the disclosure of financial records for the business as provided in NRS 239A.090. The department may use any information obtained pursuant to such an authorization only to determine the suitability of the applicant or licensee for initial or continued licensure. Information obtained pursuant to such an authorization may be disclosed only to those employees of the department who are authorized to issue a license to an applicant pursuant to NRS 482.333 to 482.334, inclusive, or to determine the suitability of an applicant or a licensee for such licensure.
7. Except as otherwise provided in NRS 482.555, any person who fails to comply with the provisions of this section is guilty of a misdemeanor.
Sec. 2 NRS 482.352 is hereby amended to read as follows:
482.352 1. The department may deny the issuance of, suspend or revoke a license to engage in the activities of a manufacturer, distributor, rebuilder or dealer in new or used vehicles or to engage in the leasing of vehicles upon any of the following grounds:
(a) Failure of the applicant to have an established place of business in this state.
(b) Conviction of a felony in the State of Nevada or any other state, territory or nation.
(c) Material misstatement in the application.
(d) Evidence of unfitness of the applicant or licensee.
(e) Willful failure to comply with any of the provisions of the motor vehicle laws of the State of Nevada or the directives of the director. For the purpose of this [subsection,] paragraph, failure to comply with the directives of the director advising the licensee of his noncompliance with any provision of the motor vehicle laws of this state or regulations of the department, within 10 days after receipt of the directive, is prima facie evidence of willful failure to comply with the directive.
(f) Failure or refusal to furnish and keep in force any bond.
(g) Failure on the part of the licensee to maintain a fixed place of business in this state.
(h) Failure or refusal by a licensee to pay or otherwise discharge any final judgment against the licensee rendered and entered against him, arising out of the misrepresentation of any vehicle, trailer or semitrailer, or out of any fraud committed in connection with the sale of any vehicle, trailer or semitrailer.
(i) Failure of the licensee to maintain any other license or bond required by any political subdivision of this state.
(j) Allowing an unlicensed salesman to sell or lease any vehicle.
(k) Failure or refusal to provide to the department an authorization for the disclosure of financial records for the business as required pursuant to subsection 3.
2. The director may deny the issuance of a license to an applicant or revoke a license already issued if the department is satisfied that the applicant or licensee is not entitled thereto.
3. Upon the receipt of any report or complaint alleging that an applicant or a licensee has engaged in financial misconduct or has failed to satisfy financial obligations related to the activities of a manufacturer, distributor, dealer or rebuilder, the department may require the applicant or licensee to submit to the department an authorization for the disclosure of financial records for the business as provided in NRS 239A.090. The department may use any information obtained pursuant to such an authorization only to determine the suitability of the applicant or licensee for initial or continued licensure. Information obtained pursuant to such an authorization may be disclosed only to those employees of the department who are authorized to issue a license to an applicant pursuant to NRS 482.318 to 482.363105, inclusive, or to determine the suitability of an applicant or a licensee for such licensure.".
Amend sec. 3, page 3, by deleting lines 25 through 28, and inserting:
"department; and
(b) The fee for renewal of a license provided in NRS 487.080.".
Amend the bill as a whole by deleting sec. 4 and adding a new section designated sec. 4, following sec. 3, to read as follows:
"Sec. 4. NRS 487.160 is hereby amended to read as follows:
487.160 1. The department, after notice and hearing, may suspend, revoke or refuse to renew a license of an automobile wrecker upon determining that the automobile wrecker:
(a) Is not lawfully entitled thereto;
(b) Has made, or knowingly or negligently permitted, any illegal use of that license;
(c) Has failed to return a certificate of dismantling to the state agency when and as required of him by NRS 487.045 to 487.190, inclusive; or
(d) Has failed to surrender to the state agency certificates of ownership for vehicles before beginning to dismantle or wreck the vehicles.
2. The applicant or licensee may, within 30 days after receipt of the notice of refusal, suspension or revocation, petition the department in writing for a hearing.
3. Hearings under this section and appeals therefrom must be conducted in the manner prescribed in NRS 482.353 and 482.354.
4. The department may suspend, revoke or refuse to renew a license of an automobile wrecker, or deny a license to an applicant therefor, if the licensee or applicant:
(a) Does not have or maintain an established place of business in this state.
(b) Made a material misstatement in any application.
(c) Willfully fails to comply with any provision of NRS 487.045 to 487.190, inclusive.
(d) Fails to furnish and keep in force any bond required by NRS 487.050 to 487.190, inclusive.
(e) Fails to discharge any final judgment entered against him when the judgment arises out of any misrepresentation of a vehicle, trailer or semitrailer.
(f) Fails to maintain any license or bond required by a political subdivision of this state.
(g) Has been convicted of a felony.
(h) Has been convicted of a misdemeanor or gross misdemeanor for a violation of a provision of this chapter.
(i) Fails or refuses to provide to the department an authorization for the disclosure of financial records for the business as required pursuant to subsection 7.
5. If an application for a license as an automobile wrecker is denied, the applicant may not submit another application for at least 6 months after the date of the denial.
6. The department may refuse to review a subsequent application for licensing submitted by any person who violates any provision of this chapter.
7. Upon the receipt of any report or complaint alleging that an applicant or a licensee has engaged in financial misconduct or has failed to satisfy any financial obligation related to the business of dismantling, scrapping, processing or wrecking of vehicles, the department may require the applicant or licensee to submit to the department an authorization for the disclosure of financial records for the business as provided in NRS 239A.090. The department may use any information obtained pursuant to such an authorization only to determine the suitability of the applicant or licensee for initial or continued licensure. Information obtained pursuant to such an authorization may be disclosed only to those employees of the department who are authorized to issue a license to an applicant pursuant to NRS 487.050 to 487.200, inclusive, or to determine the suitability of an applicant or a licensee for such licensure.
8. For the purposes of this section, failure to adhere to the directives of the state agency advising the licensee of his noncompliance with any provision of NRS 487.045 to 487.190, inclusive, or regulations of the state agency, within 10 days after the receipt of those directives, is prima facie evidence of willful failure to comply.".
Amend sec. 5, page 4, line 4, after "application" by inserting:
"for a license to operate a salvage pool ".
Amend sec. 5, page 4, by deleting lines 12 through 15, and inserting:
"department; and
(b) The fee for renewal of a license provided in NRS 487.450.".
Amend the bill as a whole by renumbering sec. 6 as sec. 7 and adding a new section designated sec. 6, following sec. 5, to read as follows:
"Sec. 6. NRS 487.490 is hereby amended to read as follows:
487.4901. The department may refuse to issue a license or, after notice and hearing, may suspend, revoke or refuse to renew a license of an operator of a salvage pool upon determining that the operator:
(a) Is not lawfully entitled to the license;
(b) Has made, or knowingly or negligently permitted, any illegal use of that license;
(c) Made a material misstatement in any application;
(d) Willfully fails to comply with any provision of NRS 487.400 to 487.510, inclusive;
(e) Fails to discharge any final judgment entered against him when the judgment arises out of any misrepresentation regarding a vehicle;
(f) Fails to maintain any license or bond required by a political subdivision of this state;
(g) Has been convicted of a felony; [or]
(h) Has been convicted of a misdemeanor or gross misdemeanor for a violation of a provision of this chapter [.] ; or
(i) Fails or refuses to provide to the department an authorization for the disclosure of financial records for the business as required pursuant to subsection 6.
2. The applicant or licensee may, within 30 days after receipt of the notice of refusal to grant or renew or the suspension or revocation of a license, petition the department in writing for a hearing.
3. Hearings under this section and appeals therefrom must be conducted in the manner prescribed in NRS 482.353 and 482.354.
4. If an application for a license as an operator of a salvage pool is denied, the applicant may not submit another application for at least 6 months after the date of the denial.
5. The department may refuse to review a subsequent application for licensing submitted by any person who violates any provision of NRS 487.400 to 487.510, inclusive.
6. Upon the receipt of any report or complaint that an applicant or a licensee has engaged in financial misconduct or has failed to satisfy financial obligations related to the operation of a salvage pool, the department may require the applicant or licensee to submit to the department an authorization for the disclosure of financial records for the business as provided in NRS 239A.090. The department may use any information obtained pursuant to such an authorization only to determine the suitability of the applicant or licensee for initial or continued licensure. Information obtained pursuant to such an authorization may be disclosed only to those employees of the department who are authorized to issue a license to an applicant pursuant to NRS 487.400 to 487.510, inclusive, or to determine the suitability of an applicant or a licensee for such licensure.
7. For the purposes of this section, the failure to adhere to the directives of the department advising the licensee of his noncompliance with any provision of NRS 487.400 to 487.510, inclusive, or regulations of the department, within 10 days after the receipt of those directives, is prima facie evidence of willful failure to comply.".
Amend sec. 6, page 4, by deleting lines 19 through 33, and inserting:
"application must be accompanied by such proof as the department requires to evidence that the applicant meets the statutory requirements to become an operator of a body shop.
2. The department shall charge a fee of $300 for the issuance or renewal".
Amend sec. 6, page 4, line 37, by deleting "[3.] 4." and inserting "3.".
Amend sec. 6, page 4, line 41, by deleting "[4.] 5." and inserting "4.".
Amend sec. 6, page 5, by deleting lines 1 through 9 and inserting:
"5. A license expires on [December 31 of the year for which it is issued.] April 30 of each year.
6. A licensee may renew his license by submitting to the department:
(a) A completed application for renewal upon a form supplied by the department; and
(b) The fee for renewal of a license provided in subsection 2.".
Amend the bill as a whole by renumbering sec. 7 as sec. 9 and adding a new section designated sec. 8, following sec. 6, to read as follows:
"Sec. 8. NRS 487.650 is hereby amended to read as follows:
487.6501. The department may refuse to issue a license or, after notice and hearing, may suspend, revoke or refuse to renew a license to operate a body shop upon any of the following grounds:
[1.] (a) Failure of the applicant or licensee to have or maintain an established place of business in this state.
[2.] (b) Conviction of the operator of a felony, or of a misdemeanor or gross misdemeanor for a violation of a provision of this chapter.
[3.] (c) Any material misstatement in the application for the license.
[4.] (d) Willful failure of the applicant or operator to comply with the motor vehicle laws of this state, NRS 487.035, 487.610 to 487.690, inclusive, or 597.480 to 597.590, inclusive.
[5.] (e) Failure or refusal by the licensee to pay or otherwise discharge any final judgment against him arising out of the operation of the body shop.
(f) Failure or refusal to provide to the department an authorization for the disclosure of financial records for the business as required pursuant to subsection 2.
2. Upon the receipt of any report or complaint alleging that an applicant or a licensee has engaged in financial misconduct or has failed to satisfy financial obligations related to the operation of a body shop, the department may require the applicant or licensee to submit to the department an authorization for the disclosure of financial records for the business as provided in NRS 239A.090. The department may use any information obtained pursuant to such an authorization only to determine the suitability of the applicant or licensee for initial or continued licensure. Information obtained pursuant to such an authorization may be disclosed only to those employees of the department who are authorized to issue a license to an applicant pursuant to NRS 487.610 to 487.690, inclusive, or to determine the suitability of an applicant or a licensee for such licensure.".
Amend sec. 7, page 5, line 11, by deleting "6," and inserting "7,".
Amend sec. 7, page 5, line 19, by deleting "6," and inserting "7,".
Amend sec. 7, page 5, line 32, by deleting "6," and inserting "7,".
Amend the title of the bill to read as follows:
Assembly Bill No. 188.
Bill read second time and ordered to third reading.
Assembly Bill No. 269.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 134.
Amend section 1, page 1, line 3, after "Services." by inserting:
"The program established must be certified by the Bureau of Alcohol and Drug Abuse in the Rehabilitation Division of the Department of Employment, Training and Rehabilitation, pursuant to subsection 3 of NRS 458.025.".
Amend the title of the bill, second line, after "Program;" by inserting:
Assembly Bill No. 293.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 133.
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 3 of NRS is hereby amended by adding thereto a new section to read as follows:
A family court located in any county whose population is 400,000 or more shall maintain statistics regarding the cases filed with the court each year, including, without limitation:
1. The average number of cases assigned to each judge;
2. The final disposition of each case;
3. The length of time from commencement to final resolution of each case; and
4. Information concerning each case involving child custody, including, without limitation, the gender of the person who was awarded custody in each such case.".
Amend sec. 4, page 1, line 12, by deleting:
"2 and 3" and inserting:
"1, 3 and 4".
Amend sec. 4, page 1, line 14, by deleting "1" and inserting "2".
Amend the title of the bill, third line, after "court;" by inserting:
On request of Assemblyman Lee, the privilege of the floor of the Assembly Chamber for this day was extended to Robert Werner.
On request of Assemblywoman Segerblom, the privilege of the floor of the Assembly Chamber for this day was extended to Judy Klein.
Assemblyman Perkins moved that the Assembly adjourn until Wednesday, April 2, 1997 at 11 a.m.
Motion carried.
Assembly adjourned at 12:16 p.m.
Approved:
Joseph E. Dini, Jr.
Speaker of the Assembly
Attest: Linda B. Alden
Chief Clerk of the Assembly