Amendment No. 761

 

Senate Amendment to Assembly Bill No. 401  First Reprint                                                (BDR 28‑798)

Proposed by: Committee on Government Affairs

Amendment Box:

Resolves Conflicts with: N/A

Amends:         Summary:               Title:              Preamble:               Joint Sponsorship:

 

Adoption of this amendment will MAINTAIN a 2/3s majority vote requirement for final passage of AB401 R1 (§§ 6, 15).

 

ASSEMBLY ACTION              Initial and Date              |SENATE ACTION                        Initial and Date

       Adopted       Lost                                               |          Adopted       Lost                                           

Concurred In                     Not                                                        |Concurred In  Not                                 

       Receded        Not                                               |         Receded        Not                                           

 

     Amend sec. 2, page 1, line 9, after “facility.” by inserting:

“The term does not include a toll bridge or toll road.”.

     Amend sec. 4, page 2, by deleting line 9 and inserting “information:”.

     Amend sec. 4, page 2, line 13, before “facility” by inserting “transportation”.

     Amend sec. 4, page 2, line 16, by deleting “development of,” and inserting:

“the development of or the”.

     Amend sec. 4, page 2, line 17, by deleting “to” and inserting “to ,”.

     Amend sec. 4, page 2, lines 19 and 20, by deleting:

“operator of the transportation facility” and inserting:

“person submitting the request”.

     Amend sec. 4, page 2, line 37, by deleting “operator” and inserting:

“person submitting the request”.

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

     Amend sec. 4, page 3, by deleting line 15 and inserting:

“resources and the effect of those resources on any statewide or regional program for the improvement of transportation; and

          (5) The identification and analysis of any costs or benefits associated with the proposed facility, performed by a professional engineer who is licensed pursuant to chapter 625 of NRS.”.

     Amend sec. 6, page 3, line 42, by deleting “facilities;” and inserting:

“facilities, as determined by an analysis of the cost performed by a professional engineer who is licensed pursuant to chapter 625 of NRS;”.

     Amend sec. 6, page 3, line 45, by deleting “and”.

     Amend sec. 6, page 4, line 1, after “(e)” by inserting:

“The plans of the person submitting the request contain any penalties for the failure of the person submitting the request to meet any deadline which results in the untimely development or construction of or improvement to the transportation facility or failure to meet any deadline for its more efficient operation; and

     (f)”.

     Amend sec. 6, page 4, line 2, after “performance” by inserting:

“established by the public body”.

     Amend sec. 6, page 4, line 5, by deleting “rely on” and inserting “consider”.

     Amend sec. 6, page 4, line 9, by deleting “may” and inserting “shall”.

     Amend sec. 6, page 4, by deleting line 15 and inserting:

“writing to the public body, for consideration by the public body, any comments that the governmental entity has concerning the”.

     Amend sec. 6, page 4, line 20, by deleting “may” and inserting “shall”.

     Amend sec. 6, page 4, line 24, by deleting “advisor.” and inserting:

“advisor, to be collected before the public body accepts the request or proposal for processing, review and evaluation.”.

     Amend sec. 6, page 4, by deleting lines 28 and 29 and inserting:

“agreement, the public body shall include, without limitation:

     (a) Criteria that address the long-term quality of the transportation facility.

     (b) The date of termination of the authority and duties pursuant to sections 2 to 8, inclusive, of this act of the person whose request or proposal was approved by the public body with respect to the transportation facility and for the dedication of the transportation facility to the public body on that date.

     (c) Provision for the imposition by the person whose request or proposal was approved by the public body of such rates, fees or other charges as may be established from time to time by agreement of the parties for use of all or a portion of a transportation facility, other than a bridge or road.”.

     Amend sec. 6, page 4, by deleting line 32 and inserting:

“of or the commencement of the construction of, or improvements to, the”.

     Amend sec. 6, page 4, line 43, by deleting “may” and inserting:

“shall, by resolution,”.

     Amend sec. 9, page 6, line 3, by deleting “[$5,000,000] $2,500,000” and inserting “$5,000,000”.

     Amend sec. 9, page 6, line 23, by deleting “or” and inserting “of”.

     Amend sec. 9.5, page 8, by deleting lines 40 through 43 and inserting:

     “7.  [Any provision of a contract that is in violation of paragraph (c) of subsection 6 is declared to be contrary to the public policy of this state and is void.

     8.] A design-build team to whom a contract is awarded pursuant”.

     Amend sec. 11, page 9, line 14, after “facility.” by inserting:

“The term does not include a toll bridge or toll road.”.

     Amend sec. 13, page 9, by deleting line 23 and inserting “information:”.

     Amend sec. 13, page 9, line 27, before “facility” by inserting “transportation”.

     Amend sec. 13, page 9, line 30, by deleting “development of,” and inserting:

“the development of or the”.

     Amend sec. 13, page 9, line 31, by deleting “to” and inserting “to ,”.

     Amend sec. 13, page 9, lines 33 and 34, by deleting:

“operator of the transportation facility” and inserting:

“person submitting the request”.

     Amend sec. 13, page 10, line 7, by deleting “operator” and inserting:

“person submitting the request”.

     Amend sec. 13, page 10, line 25, by deleting “and”.

     Amend sec. 13, page 10, by deleting line 30 and inserting:

“resources and the effect of those resources on any statewide or regional program for the improvement of transportation; and

          (5) The identification and analysis of any costs or benefits associated with the proposed facility, performed by a professional engineer who is licensed pursuant to chapter 625 of NRS.”.

     Amend sec. 15, page 11, line 19, by deleting “facilities;” and inserting:

“facilities, as determined by an analysis of the cost performed by a professional engineer who is licensed pursuant to chapter 625 of NRS;”.

     Amend sec. 15, page 11, line 22, by deleting “and”.

     Amend sec. 15, page 11, line 23, after “(e)” by inserting:

“The plans of the person submitting the request contain any penalties for the failure of the person submitting the request to meet any deadline which results in the untimely development or construction of or improvement to the transportation facility or failure to meet any deadline for its more efficient operation; and

     (f)”.

     Amend sec. 15, page 11, line 24, after “performance” by inserting:

“established by the Department”.

     Amend sec. 15, page 11, line 27, by deleting “rely on” and inserting “consider”.

     Amend sec. 15, page 11, line 32, by deleting “may” and inserting “shall”.

     Amend sec. 15, page 11, by deleting line 38 and inserting:

“writing to the Department, for consideration by the Department, any comments that the governmental entity has concerning the”.

     Amend sec. 15, page 11, line 43, by deleting “may” and inserting “shall”.

     Amend sec. 15, page 12, line 2, by deleting “advisor.” and inserting:

“advisor, to be collected before the Department accepts the request or proposal for processing, review and evaluation.”.

     Amend sec. 15, page 12, by deleting lines 6 and 7 and inserting:

“agreement, the Department shall include, without limitation:

     (a) Criteria that address the long-term quality of the transportation facility.

     (b) The date of termination of the authority and duties pursuant to sections 11 to 17, inclusive, of this act of the person whose request or proposal was approved by the Department with respect to the transportation facility and for the dedication of the transportation facility to the Department on that date.

     (c) Provision for the imposition by the person whose request or proposal was approved by the Department of such rates, fees or other charges as may be established from time to time by agreement of the parties for use of all or a portion of a transportation facility, other than a bridge or road.”.

     Amend sec. 15, page 12, line 10, by deleting “of, commencement” and inserting:

“of or the commencement”.

     Amend sec. 17, page 12, line 21, by deleting:

“may determine if” and inserting:

“shall make written findings of whether”.

     Amend sec. 18, page 13, line 4, by deleting “[$5,000,000] $2,500,000” and inserting “$5,000,000”.

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

“changing the requirements relating to the contracts that may be awarded to a design-build team;”.