THE ONE HUNDRED AND THIRTEENTH DAY

THE ONE HUNDRED AND THIRTEENTH DAY

Carson City (Monday), May 24, 1999

Assembly called to order at 11:16 a.m.

Mr. Speaker presiding.

Roll called.

All present except Assemblymen Evans and Humke, who were excused.

Prayer by the Chaplain, Reverend Elaine Ludlum Morgan.

Almighty God, on this the first day of the last week of the Seventieth Session of the Nevada State Legislature, we join with thousands across our state in intercession and supplication to You, the Sovereign Lord of our State of Nevada. As we sound that sacred word "Sovereign," we echo Washington, Jefferson, Madison, and Lincoln along with leaders of Nevada through the years, in stating You are our ultimate ruler. Today we make a new commitment to serve You above and before all other entities and persons. Amen.

Pledge of allegiance to the Flag.

Assemblyman Perkins moved that further reading of the Journal be dispensed with, and the Speaker and Chief Clerk be authorized to make the necessary corrections and additions.

Motion carried.

REPORTS OF COMMITTEES

Mr. Speaker:

Your Committee on Judiciary, to which was referred Senate Bill No. 485, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass, as amended, and re-refer to the Committee on Ways and Means.

Bernard Anderson, Chairman

Mr. Speaker:

Your Committee on Ways and Means, to which was referred Assembly Bill No. 687, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Also, your Committee on Ways and Means, to which were referred Assembly Bills Nos. 224, 480, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Also, your Committee on Ways and Means, to which was re-referred Senate Bill No. 508, 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 was referred Assembly Bill No. 324, 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

MESSAGES FROM THE Senate

Senate Chamber, Carson City, May 22, 1999

To the Honorable the Assembly:

I have the honor to inform your honorable body that the Senate on this day adopted Assembly Concurrent Resolution No. 71.

Also, I have the honor to inform your honorable body that the Senate amended, and on this day passed, as amended, Assembly Joint Resolution No. 5 of the 69th Session, Amendment No. 1093, and respectfully requests your honorable body to concur in said amendment.

Mary Jo Mongelli

Assistant Secretary of the Senate

INTRODUCTION, FIRST READING AND REFERENCE

By the Committee on Ways and Means:

Assembly Bill No. 690—AN ACT making an appropriation to the Department of Prisons for equipment and supplies to open Cold Creek State Prison; and providing other matters properly relating thereto.

Assemblywoman Giunchigliani moved that the bill be referred to the Committee on Ways and Means.

Motion carried.

By the Committee on Ways and Means:

Assembly Bill No. 691—AN ACT relating to prisons; authorizing travel expenses for certain persons employed at the Men’s Prison No. 7; and providing other matters properly relating thereto.

Assemblywoman Giunchigliani moved that the bill be referred to the Committee on Ways and Means.

Motion carried.

By the Committee on Ways and Means:

Assembly Bill No. 692—AN ACT making an appropriation to Clark County for distribution to the Enterprise Community Federal Credit Union to fund small business loans and for additional operating expenses related to the expansion of the services provided by the credit union; and providing other matters properly relating thereto.

Assemblywoman Giunchigliani moved that the bill be referred to the Committee on Ways and Means.

Motion carried.

By the Committee on Ways and Means:

Assembly Bill No. 693—AN ACT relating to fees; revising the provisions governing certain fees imposed by the state board of agriculture and the division of agriculture of the department of business and industry; and providing other matters properly relating thereto.

Assemblyman Arberry moved that the bill be referred to the Committee on Ways and Means.

Motion carried.

MOTIONS, RESOLUTIONS AND NOTICES

By the Committee on Education:

Assembly Concurrent Resolution No. 72—Urging the Council to Establish Academic Standards for Public Schools to incorporate the study of certain historical documents into the standards of content and performance that the Council establishes for the subject of social studies.

Assemblyman Williams moved that the resolution be referred to the Committee on Education.

Motion carried.

general file and third reading

Assembly Bill No. 552.

Bill read third time.

Assemblyman Hettrick moved that Assembly Bill No. 552 be taken from the General File and placed on the Chief Clerk’s desk.

Remarks by Assemblyman Hettrick.

Motion carried.

Assembly Bill No. 673.

Bill read third time.

Remarks by Assemblymen Hettrick, Buckley and Arberry.

Roll call on Assembly Bill No. 673:

Yeas—36.

Nays—Angle, Buckley, Carpenter, Gustavson—4.

Excused—Evans, Humke—2.

Assembly Bill No. 673 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Senate Bill No. 47.

Bill read third time.

Remarks by Assemblywoman Giunchigliani.

Potential conflict of interest declared by Assemblymen Giunchigliani, Parnell, Bache and Anderson.

Roll call on Senate Bill No. 47:

Yeas—38.

Nays—Angle, Gustavson—2.

Excused—Evans, Humke—2.

Senate Bill No. 47 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Senate Bill No. 167.

Bill read third time.

Remarks by Assemblyman de Braga.

Roll call on Senate Bill No. 167:

Yeas—40.

Nays—None.

Excused—Evans, Humke—2.

Senate Bill No. 167 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Perkins moved that Assembly Bills Nos. 224, 324, 480, 687 and Senate Bills Nos. 485 and 508 be placed on the Second Reading File.

Motion carried.

Assemblyman Perkins moved that the reading of the history on Senate Bills on the Second Reading File be dispensed with for this legislative day.

Motion carried.

SECOND READING AND AMENDMENT

Assembly Bill No. 224.

Bill read second time.

The following amendment was proposed by the Committee on Ways and Means:

Amendment No. 1129.

Amend section 1, page 1, by deleting lines 2 through 5 and inserting:

“the Department of Education the sum of $300,000 for the support of nonprofit public broadcasting stations in Nevada whose programs are devoted primarily to serving the educational, informational and cultural needs of the communities in Nevada.”.

Amend the title of the bill to read as follows:

“AN ACT making an appropriation to the Department of Education for certain nonprofit public broadcasting stations that primarily serve educational, informational and cultural needs of communities in Nevada; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Makes appropriation to Department of Education for certain nonprofit public broadcasting stations. (BDR S-285)”.

Assemblywoman Giunchigliani moved the adoption of the amendment.

Remarks by Assemblywoman Giunchigliani.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 324.

Bill read second time.

The following amendment was proposed by the Committee on Ways and Means:

Amendment No. 1133.

Amend sec. 3, page 3, line 1, by deleting “$125,000” and inserting “$75,000”.

Assemblyman Arberry moved the adoption of the amendment.

Remarks by Assemblyman Arberry.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 480.

Bill read second time.

The following amendment was proposed by the Committee on Ways and Means:

Amendment No. 1137.

Amend the bill as a whole by deleting sections 1 through 3 and adding new sections designated sections 1 through 3, following the enacting clause, to read as follows:

“Section 1. There is hereby appropriated from the state general fund to the White Pine County School District the sum of $2,031,337 for the payment of short-term debts incurred by the school district.

Sec. 2. On or before June 30, 2000, the White Pine County School District shall submit to the Department of Administration and the Fiscal Analysis Division of the Legislative Counsel Bureau verification that the debts have been repaid.

Sec. 3. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2000, and reverts to the state general fund as soon as all payments of money committed have been made.”.

Amend the title of the bill to read as follows:

“AN ACT making an appropriation to the White Pine County School District for the payment of short-term debts incurred by the school district; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Makes appropriation to White Pine County School District for payment of short-term debts incurred by school district. (BDR S‑1506)”.

Assemblyman Arberry moved the adoption of the amendment.

Remarks by Assemblyman Arberry.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 687.

Bill read second time and ordered to third reading.

Senate Bill No. 485.

Bill read second time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 1121.

Amend sec. 22, page 8, by deleting line 4 and inserting:

“Sec. 22. 1. Any”.

Amend sec. 22, page 8, by deleting lines 12 and 13.

Amend sec. 22, page 8, line 14, by deleting “3.” and inserting “2.”.

Amend sec. 55, page 23, by deleting line 30 and inserting:

“Sec. 55. 1. This act becomes effective upon passage and approval.

2. Section 39 of this act expires by limitation on December 31, 2001.”.

Assemblyman Anderson moved the adoption of the amendment.

Remarks by Assemblyman Anderson.

Amendment adopted.

Assemblyman Anderson moved that upon return from the printer Senate Bill No. 485 be re-referred to the Committee on Ways and Means.

Motion carried.

Bill ordered reprinted, re-engrossed and to the Committee on Ways and Means.

Senate Bill No. 508.

Bill read second time.

The following amendment was proposed by the Committee on Ways and Means:

Amendment No. 1132.

Amend the bill as a whole by adding a new section designated sec. 3, following sec. 2, to read as follows:

“Sec. 3. This act becomes effective on July 1, 1999.”.

Assemblyman Arberry moved the adoption of the amendment.

Remarks by Assemblyman Arberry.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

UNFINISHED BUSINESS

Consideration of Senate Amendments

Assembly Bill No. 132.

The following Senate amendment was read:

Amendment No. 793.

Amend section 1, page 1, line 2, by deleting “7,” and inserting “6,”.

Amend sec. 2, page 2, between lines 3 and 4, by inserting:

“6. The powers and duties set forth in sections 2 to 6, inclusive, of this act are intended to be exercised by the division in a manner that complements and does not duplicate the activities of the Tahoe Regional Planning Agency.”.

Amend the bill as a whole by deleting sec. 3 and renumbering sections 4 through 8 as sections 3 through 7.

Amend sec. 4, page 2, by deleting lines 8 through 17 and inserting:

“Sec. 3. The division may establish and carry out programs to preserve, restore and enhance the natural environment of the Lake Tahoe Basin on public land and on privately owned property with the consent of the owner of the property.”.

Amend sec. 5, page 2, line 19, by deleting “4” and inserting “3”.

Amend sec. 5, page 2, line 21, after “Acquire” by inserting:

“, from a willing owner,”.

Amend sec. 5, page 3, line 6, after “acquired” by inserting:

“by this state”.

Amend sec. 5, page 3, by deleting lines 8 through 15 and inserting:

“6. As used in this section:

(a) “Interest in real property” includes, without limitation:

(1) An easement for conservation as that term is defined in NRS 111.410;

(2) The right to develop the real property;

(3) The right to place land coverage on the real property; and

(4) Such other easements or rights as are appurtenant to the real property.

(b) “Land Coverage” means a covering over or compaction of the natural surface of the ground that prevents water from percolating into the ground.”.

Amend sec. 6, page 3, line 16, by deleting “7,” and inserting “6,”.

Amend sec. 8, page 3, line 35, by deleting “7,” and inserting “6,”.

Assemblyman de Braga moved that the Assembly concur in the Senate amendment to Assembly Bill No. 132.

Remarks by Assemblyman de Braga.

Motion carried.

Bill ordered enrolled.

Assembly Bill No. 198.

The following Senate amendment was read:

Amendment No. 794.

Amend section 1, page 1, line 9, after “property” by inserting:

“solely on the basis of the sale, lease or other transfer of that property”.

Assemblyman de Braga moved that the Assembly concur in the Senate amendment to Assembly Bill No. 198.

Remarks by Assemblyman de Braga.

Motion carried.

Bill ordered enrolled.

Assembly Bill No. 154.

The following Senate amendment was read:

Amendment No. 953.

Amend section 1, page 1, line 2, by deleting:

“2 to 7, inclusive,” and inserting:

“2, 3 and 4”.

Amend the bill as a whole by deleting sections 2 and 3 and renumbering sec. 4 as sec. 2.

Amend sec. 4, page 1, line 9, by deleting “family court” and inserting “family court.”.

Amend sec. 4, page 1, by deleting line 10.

Amend the bill as a whole by deleting sec. 5 and renumbering sections 6 and 7 as sections 3 and 4.

Amend the bill as whole by deleting sec. 8 and renumbering sections 9 through 11 as sections 5 through 7.

Amend sec. 9, page 3, by deleting lines 13 through 27 and inserting:

“3.025 1. In each judicial district that includes a county whose population is 100,000 or more, the district judges of that judicial district shall choose from among those district judges a chief judge who is to be the presiding judge of the judicial district.

2. The chief judge shall:

(a) Assign cases to each judge in the judicial district;

(b) Prescribe the hours of court;

(d) Perform all other duties of the chief judge or of a presiding judge that are set forth in this chapter and any other provision of NRS.”.

Amend sec. 9, page 4, by deleting lines 7 through 20.

Amend sec. 11, pages 5 and 6, by deleting lines 9 through 42 on page 5 and lines 1 through 10 on page 6, and inserting:

“1. In any action for divorce, at any time more than 10 days before trial, a party may serve upon the opposing party a written offer to allow a decree to be entered concerning the property rights of the parties in accordance with the terms and conditions of the offer.

2. If an offer made by a party pursuant to this section is accepted by the opposing party and approved by the court, the court shall, upon entry of the decree of divorce, enter judgment in accordance with the terms and conditions of the offer.

3. If an offer made by a party pursuant to this section is not accepted by the opposing party before trial or within 10 days after it is made, whichever occurs first, the offer shall be deemed rejected and cannot be given in evidence upon the trial. The rejection of an offer does not preclude either party from making another offer pursuant to this section.

4. If an offer is deemed rejected pursuant to subsection 3 and the party who rejected the offer fails to obtain a more favorable judgment concerning the property rights that would have been resolved by the offer if it had been accepted, the court may do any or all of the following:

(a) Order the party who rejected the offer to pay the taxable costs of the opposing party that relate to the adjudication of those property rights.

(b) Order the party who rejected the offer to pay the reasonable attorney’s fees incurred by the opposing party after the date of the offer that relate to the adjudication of those property rights.

(c) Prohibit the party who rejected the offer from recovering any costs or attorney’s fees that relate to the adjudication of those property rights, except that the court may not, pursuant to the provisions of this paragraph, prohibit the party from recovering any preliminary attorney’s fees that were awarded to the party during the pendency of the divorce action.

5. In determining whether to take any action described in subsection 4, the court shall consider:

(a) Whether each party was represented by counsel when the offer was made;

(b) Whether the issues related to the property rights of the parties were conducive to an offer made pursuant to this section;

(d) Whether rejection of the offer was done in bad faith or was grossly unreasonable;

(e) Whether, during the pendency of the divorce action, the conduct of the party who rejected the offer or his counsel furthered or frustrated the policy of the law to promote settlement of litigation and to reduce the costs of litigation by encouraging cooperation between the parties and their counsel;

(f) Whether the judgment differs from the terms and conditions of the offer in such a manner, with respect to the property rights that would have been resolved by the offer if it had been accepted, that the court cannot make a clear determination whether the party failed to obtain a more favorable judgment concerning those property rights; and

(g) Whether the divorce action involved so many changes in the issues that the court cannot make a clear determination whether the party failed to obtain a more favorable judgment concerning the property rights that would have been resolved by the offer if it had been accepted.

6. The provisions of this section do not apply to any issues related to the custody of a child, the support of a child or the support of a spouse. If any offer that is made by a party pursuant to this section includes any such issue, the offer shall be deemed to be void in its entirety and all terms and conditions of the offer, including, without limitation, all terms and conditions related to the property rights of the parties, shall be deemed to have no force or effect pursuant to this section.”.

Amend the bill as a whole by adding new sections designated sections 8 through 11, following sec. 11, to read as follows:

“Sec. 8. NRS 125.150 is hereby amended to read as follows:

125.150 Except as otherwise provided in NRS 125.155 and unless the action is contrary to a premarital agreement between the parties which is enforceable pursuant to chapter 123A of NRS:

1. In granting a divorce, the court:

(a) May award such alimony to the wife or to the husband, in a specified principal sum or as specified periodic payments, as appears just and equitable; and

(b) Shall, to the extent practicable, make an equal disposition of the community property of the parties, except that the court may make an unequal disposition of the community property in such proportions as it deems just if the court finds a compelling reason to do so and sets forth in writing the reasons for making the unequal disposition.

2. Except as otherwise provided in this subsection, in granting a divorce, the court shall dispose of any property held in joint tenancy in the manner set forth in subsection 1 for the disposition of community property. If a party has made a contribution of separate property to the acquisition or improvement of property held in joint tenancy, the court may provide for the reimbursement of that party for his contribution. The amount of reimbursement must not exceed the amount of the contribution of separate property that can be traced to the acquisition or improvement of property held in joint tenancy, without interest or any adjustment because of an increase in the value of the property held in joint tenancy. The amount of reimbursement must not exceed the value, at the time of the disposition, of the property held in joint tenancy for which the contribution of separate property was made. In determining whether to provide for the reimbursement, in whole or in part, of a party who has contributed separate property, the court shall consider:

(a) The intention of the parties in placing the property in joint tenancy;

(b) The length of the marriage; and

As used in this subsection, “contribution” includes a down payment, a payment for the acquisition or improvement of property, and a payment reducing the principal of a loan used to finance the purchase or improvement of property. The term does not include a payment of interest on a loan used to finance the purchase or improvement of property, or a payment made for maintenance, insurance or taxes on property.

3. [Whether] Except as otherwise provided in section 7 of this act, whether or not application for suit money has been made under the provisions of NRS 125.040, the court may award a reasonable attorney’s fee to either party to an action for divorce if those fees are in issue under the pleadings.

4. In granting a divorce, the court may also set apart such portion of the husband’s separate property for the wife’s support, the wife’s separate property for the husband’s support or the separate property of either spouse for the support of their children as is deemed just and equitable.

5. In the event of the death of either party or the subsequent remarriage of the spouse to whom specified periodic payments were to be made, all the payments required by the decree must cease, unless it was otherwise ordered by the court.

6. If the court adjudicates the property rights of the parties, or an agreement by the parties settling their property rights has been approved by the court, whether or not the court has retained jurisdiction to modify them, the adjudication of property rights, and the agreements settling property rights, may nevertheless at any time thereafter be modified by the court upon written stipulation signed and acknowledged by the parties to the action, and in accordance with the terms thereof.

7. If a decree of divorce, or an agreement between the parties which was ratified, adopted or approved in a decree of divorce, provides for specified periodic payments of alimony, the decree or agreement is not subject to modification by the court as to accrued payments. Payments pursuant to a decree entered on or after July 1, 1975, which have not accrued at the time a motion for modification is filed may be modified upon a showing of changed circumstances, whether or not the court has expressly retained jurisdiction for the modification. In addition to any other factors the court considers relevant in determining whether to modify the order, the court shall consider whether the income of the spouse who is ordered to pay alimony, as indicated on the spouse’s federal income tax return for the preceding calendar year, has been reduced to such a level that the spouse is financially unable to pay the amount of alimony he has been ordered to pay.

8. In granting a divorce the court shall consider the need to grant alimony to a spouse for the purpose of obtaining training or education relating to a job, career or profession. In addition to any other factors the court considers relevant in determining whether such alimony should be granted, the court shall consider:

(a) Whether the spouse who would pay such alimony has obtained greater job skills or education during the marriage; and

(b) Whether the spouse who would receive such alimony provided financial support while the other spouse obtained job skills or education.

9. If the court determines that alimony should be awarded pursuant to the provisions of subsection 8:

(a) The court, in its order, shall provide for the time within which the spouse who is the recipient of the alimony must commence the training or education relating to a job, career or profession.

(b) The spouse who is ordered to pay the alimony may, upon changed circumstances, file a motion to modify the order.

(c) The spouse who is the recipient of the alimony may be granted, in addition to any other alimony granted by the court, money to provide for:

(1) Testing of the recipient’s skills relating to a job, career or profession;

(2) Evaluation of the recipient’s abilities and goals relating to a job, career or profession;

(3) Guidance for the recipient in establishing a specific plan for training or education relating to a job, career or profession;

(4) Subsidization of an employer’s costs incurred in training the recipient;

(5) Assisting the recipient to search for a job; or

(6) Payment of the costs of tuition, books and fees for:

(I) The equivalent of a high school diploma;

(II) College courses which are directly applicable to the recipient’s goals for his career; or

(III) Courses of training in skills desirable for employment.

Sec. 9. Assembly Bill No. 50 of this session is hereby amended by deleting sections 2 through 4 and inserting:

Secs. 2-4. (Deleted by amendment.)

Sec. 10. Assembly Bill No. 50 of this session is hereby amended by deleting sections 6 and 7 and inserting:

Secs. 6 and 7. (Deleted by amendment.)

Sec. 11. Section 3 of Assembly Bill No. 51 of this session is hereby amended to read as follows:

Sec. 3. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 4 and 5 of Assembly Bill No. 51 of this [act] session and sections 2 and 3 of this act have the meanings ascribed to them in those sections.”.

Amend sec. 12, page 6, line 11, by deleting “11” and inserting “7”.

Amend the bill as a whole by adding a new section designated sec. 13, following sec. 12, to read as follows:

“Sec. 13. 1. This section and sections 9 and 10 of this act become effective on June 30, 1999.

2. Sections 1 to 8, inclusive, 11 and 12 of this act become effective on October 1, 1999.”.

Assemblyman Anderson moved that the Assembly concur in the Senate amendment to Assembly Bill No. 154.

Remarks by Assemblyman Anderson.

Motion carried.

Bill ordered enrolled.

Assembly Bill No. 158.

The following Senate amendment was read:

Amendment No. 956.

Amend sec. 14, page 6, by deleting lines 10 through 17 and inserting:

“Sec. 14. 1. The district court in each judicial district that includes a county whose population is less than 100,000 shall create a local advisory board to expedite proceedings for the placement of children. The district court shall appoint to the local advisory board:”.

Amend sec. 14, page 6, line 28, by deleting “3.” and inserting “2.”.

Amend sec. 14, page 6, line 37, by deleting “4.” and inserting “3.”.

Amend sec. 14, page 6, line 40, by deleting “5.” and inserting “4.”.

Amend sec. 14, page 6, line 42, by deleting “6.” and inserting “5.”.

Amend sec. 14, page 7, line 3, by deleting “7.” and inserting “6.”.

Amend sec. 14, page 7, line 13, by deleting “8.” and inserting “7.”.

Amend sec. 18, page 8, by deleting line 25 and inserting:

“court determines that”.

Amend sec. 18, page 8, line 28, after “agency” by inserting:

“which provides protective services”.

Amend sec. 18, page 9, line 19, by deleting “30” and inserting “60”.

Amend sec. 18, page 9, line 22, by deleting “30” and inserting “60”.

Assemblyman Anderson moved that the Assembly concur in the Senate amendment to Assembly Bill No. 158.

Remarks by Assemblyman Anderson.

Motion carried.

The following Senate amendment was read:

Amendment No. 1053.

Amend sec. 21, page 13, line 42, by deleting the italicized semicolon and inserting:

“or pursuant to section 3 of Senate Bill No. 148 of this session in making a general investigation and report;”.

Amend sec. 21, page 14, line 32, by deleting “176.135,” and inserting:

“176.135[,] or making a general investigation and report pursuant to section 3 of Senate Bill No. 148 of this session,”.

Amend sec. 21, page 14, line 34, after “report” by inserting “and”.

Amend the bill as a whole by adding new sections designated sections 29.5 and 29.6, following sec. 29, to read as follows:

“Sec. 29.5. Section 11 of Senate Bill No. 148 of this session is hereby amended to read as follows:

Sec. 11. NRS 432B.290 is hereby amended to read as follows:

432B.290 1. Except as otherwise provided in subsections 2, 5 and 6, data or information concerning reports and investigations thereof made pursuant to this chapter may be made available only to:

(a) A physician who has before him a child who he reasonably believes may have been abused or neglected;

(b) A person authorized to place a child in protective custody, if he has before him a child who he reasonably believes may have been abused or neglected and he requires the information to determine whether to place the child in protective custody;

(c) An agency, including, without limitation, an agency in another jurisdiction, responsible for or authorized to undertake the care, treatment or supervision of:

(1) The child; or

(2) The person responsible for the welfare of the child;

(d) A district attorney or other law enforcement officer who requires the information in connection with an investigation or prosecution of the abuse or neglect of a child;

(e) A court, for in camera inspection only, unless the court determines that public disclosure of the information is necessary for the determination of an issue before it;

(f) A person engaged in bona fide research or an audit, but information identifying the subjects of a report must not be made available to him;

(g) The attorney and the guardian ad litem of the child;

(h) A grand jury upon its determination that access to these records is necessary in the conduct of its official business;

(i) A federal, state or local governmental entity, or an agency of such an entity, that needs access to the information to carry out its legal responsibilities to protect children from abuse and neglect;

(j) A person or an organization that has entered into a written agreement with an agency which provides protective services to provide assessments or services and that has been trained to make such assessments or provide such services;

(k) A team organized pursuant to NRS 432B.350 for the protection of a child;

(l) A team organized pursuant to NRS 432B.405 to review the death of a child;

(m) A parent or legal guardian of the child, if the identity of the person responsible for reporting the alleged abuse or neglect of the child to a public agency is kept confidential;

(n) The persons who are the subject of a report;

(o) An agency that is authorized by law to license foster homes or facilities for children or to investigate persons applying for approval to adopt a child, if the agency has before it an application for that license or is investigating an applicant to adopt a child;

(p) Upon written consent of the parent, any officer of this state or a city or county thereof or legislator authorized by the agency or department having jurisdiction or by the legislature, acting within its jurisdiction, to investigate the activities or programs of an agency that provides protective services if:

(1) The identity of the person making the report is kept confidential; and

(2) The officer, legislator or a member of his family is not the person alleged to have committed the abuse or neglect;

(q) The division of parole and probation of the department of motor vehicles and public safety for use pursuant to NRS 176.135 in making a presentence investigation and report to the district court[;] or pursuant to section 3 of this act in making a general investigation and report;

(r) Any person who is required pursuant to NRS 432B.220 to make a report to an agency which provides protective services or to a law enforcement agency;

(s) The rural advisory board to expedite proceedings for the placement of children created pursuant to section 13 of Assembly Bill No. 158 of this [act] session or a local advisory board to expedite proceedings for the placement of children created pursuant to section 14 of Assembly Bill No. 158 of this [act;] session; or

(t) The panel established pursuant to section 17 of Assembly Bill No. 158 of this [act] session to evaluate agencies which provide protective services.

2. Except as otherwise provided in subsection 3, data or information concerning reports and investigations thereof made pursuant to this chapter may be made available to any member of the general public if the child who is the subject of a report dies or is critically injured as a result of alleged abuse or neglect, except that the data or information which may be disclosed is limited to:

(a) The fact that a report of abuse or neglect has been made and, if appropriate, a factual description of the contents of the report;

(b) Whether an investigation has been initiated pursuant to NRS 432B.260, and the result of a completed investigation; and

3. An agency which provides protective services shall not disclose data or information pursuant to subsection 2 if the agency determines that the disclosure is not in the best interests of the child or if disclosure of the information would adversely affect any pending investigation concerning a report.

4. Upon petition, a court of competent jurisdiction may authorize the disclosure of additional information to the public pursuant to subsection 2 if good cause is shown by the petitioner for the disclosure of the additional information.

5. An agency investigating a report of the abuse or neglect of a child shall, upon request, provide to a person named in the report as allegedly causing the abuse or neglect of the child:

(a) A copy of:

(1) Any statement made in writing to an investigator for the agency by the person named in the report as allegedly causing the abuse or neglect of the child; or

(2) Any recording made by the agency of any statement made orally to an investigator for the agency by the person named in the report as allegedly causing the abuse or neglect of the child; or

(b) A written summary of the allegations made against the person who is named in the report as allegedly causing the abuse or neglect of the child. The summary must not identify the person responsible for reporting the alleged abuse or neglect.

6. An agency which provides protective services shall disclose the identity of a person who makes a report or otherwise initiates an investigation pursuant to this chapter if a court, after reviewing the record in camera and determining that there is reason to believe that the person knowingly made a false report, orders the disclosure.

7. Any person, except for:

(a) The subject of a report;

(b) A district attorney or other law enforcement officer initiating legal proceedings; or

(c) An employee of the division of parole and probation of the department of motor vehicles and public safety making a presentence investigation and report to the district court pursuant to NRS 176.135[,] or making a general investigation and report pursuant to section 3 of this act,

who is given access, pursuant to subsection 1 or 2, to information identifying the subjects of a report and who makes this information public is guilty of a misdemeanor.

8. The division of child and family services shall adopt regulations to carry out the provisions of this section.

Sec. 29.6. Section 15 of Senate Bill No. 148 of this session is hereby amended to read as follows:

Sec. 15. 1. This section and sections 1 to 11, inclusive, and 13 and 14 of this act become effective on October 1, 1999.

2. Section 11 of this act expires by limitation on June 30, 2001.

[3. Section 12 of this act becomes effective on July 1, 2001.]”.

Amend sec. 30, page 21, line 6, by deleting “Sections” and inserting:

“Section 12 of Senate Bill No. 148 of this session and sections”.

Amend sec. 31, page 21, by deleting line 15 and inserting:

“3. Sections 20 and 29.5 of this act expire by limitation on June 30, 2001.”.

Amend the text of repealed sections by adding the text of section 12 of Senate Bill No. 148 of this session.

Assemblyman Anderson moved that the Assembly concur in the Senate amendment to Assembly Bill No. 158.

Remarks by Assemblyman Anderson.

Motion carried.

Bill ordered enrolled.

Assembly Bill No. 239.

The following Senate amendment was read:

Amendment No. 1042.

Amend sec. 2, page 2, between lines 23 and 24, by inserting:

“6. The following facts must not be considered as evidence of negligence or causation in any civil action brought against a nonprofit agency:

(a) The fact that the nonprofit agency did not apply for a grant of money from the account.

(b) The fact that the nonprofit agency did not request that the central repository, through the use of the account, determine whether a volunteer or prospective volunteer of the nonprofit agency has committed a sexual offense.”.

Amend the title of the bill to read as follows:

“AN ACT relating to volunteers; creating a revolving account to pay the costs of the central repository to process requests from nonprofit agencies to determine whether a volunteer who works directly with children has committed a sexual offense; authorizing state and local governmental agencies to establish forms and procedures for persons to make donations to the account while they are transacting business with the governmental agency; providing that the decision by a nonprofit agency not to use the account must not be considered as evidence of negligence or causation in a civil action brought against the agency; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Makes various changes concerning background checks of volunteers. (BDR 14‑61)”.

Assemblyman Anderson moved that the Assembly concur in the Senate amendment to Assembly Bill No. 239.

Remarks by Assemblyman Anderson.

Motion carried.

Bill ordered enrolled.

Assembly Bill No. 400.

The following Senate amendment was read:

Amendment No. 1064.

Amend sec. 13, page 2, by deleting lines 38 and 39 and inserting:

“Sec. 13. “Community property with right of survivorship” means community property in which a right of survivorship exists pursuant to NRS 111.064 or 115.060 or any other provision of law.”.

Amend the bill as a whole by deleting sections 95 through 98 and inserting:

“Secs. 95-98. (Deleted by amendment.)”.

Amend sec. 256, page 64, line 1, by deleting “145.090,”.

Amend sec. 275, page 72, line 17, by deleting “The” and inserting:

“Except as otherwise provided in subsection 7, the”.

Amend sec. 275, page 72, between lines 21 and 22, by inserting:

“7. The court shall allow the welfare division of the department of human resources to amend at any time before the filing of the final account a claim for the payment of benefits for Medicaid that the division identifies after the original claim has been filed.”.

Amend sec. 279, page 73, by deleting line 32 and inserting:

“ 3. If an executor or administrator refuses or neglects]and filed with”.

Amend sec. 279, page 73, line 36, by deleting “[~~shall]~~does” and inserting “does”.

Amend sec. 279, page 73, between lines 39 and 40, by inserting:

“[4.]3. If a claim is deemed rejected pursuant to subsection [~~3, the executor or administrator]~~2, the personal representative must, not more than 10 days after the rejection, provide written notice of the rejection by registered mail to all affected creditors.”.

Amend sec. 279, page 73, line 40, by deleting “3.” and inserting “4.”.

Amend sec. 539, page 161, line 1, by deleting “133.030,”.

Amend sec. 539, page 161, line 2, by deleting “138.030, 139.020,”.

Amend the bill as a whole by adding a new section, designated sec. 540, following sec. 539, to read as follows:

“Sec. 540. Sections 275 and 279 of this act become effective at 12:01 a.m. on October 1, 1999.”.

Amend the leadlines of repealed sections by deleting the leadlines of NRS 133.030, 138.030 and 139.020.

Assemblyman Anderson moved that the Assembly concur in the Senate amendment to Assembly Bill No. 400.

Remarks by Assemblyman Anderson.

Motion carried.

Bill ordered enrolled.

Assembly Bill No. 473.

The following Senate amendment was read:

Amendment No. 952.

Amend section 1, page 3, line 5, by deleting “[4] 5” and inserting “[5]6”.

Amend the bill as a whole by deleting sec. 2 and adding a new section designated sec. 2, following section 1, to read as follows:

“Sec. 2. NRS 62.170 is hereby amended to read as follows:

62.170 1. Except as otherwise provided in NRS 62.175 and section 2 of Assembly Bill No. 221 of this session, a peace officer or probation officer may take into custody any child:

(a) Who the officer has probable cause to believe is violating or has violated any law, ordinance or rule or regulation having the force of law; or

(b) Whose conduct indicates that he is a child in need of supervision.

2. Except as otherwise provided in this section, section 2 of Assembly Bill No. 221 of this session and NRS 484.383, if a child is taken into custody:

(a) The officer shall, without undue delay, attempt to notify, if known, the parent, guardian or custodian of the child;

(b) The facility in which the child is detained shall, without undue delay:

(1) Notify a probation officer; and

(2) Attempt to notify, if known, the parent, guardian or custodian of the child if such notification was not accomplished pursuant to paragraph (a); and

(c) Unless it is impracticable or inadvisable or has been otherwise ordered by the court, the child must be released to the custody of his parent or other responsible adult who has signed a written agreement to bring the child to the court at a stated time or at such time as the court may direct. The written agreement must be submitted to the court as soon as possible. If this person fails to produce the child as agreed or upon notice from the court, a writ may be issued for the attachment of the person or of the child requiring that the person or child, or both of them, be brought into the court at a time stated in the writ.

3. Except as otherwise provided in this section and section 2 of Assembly Bill No. 221 of this session, if a child who is taken into custody is not released pursuant to subsection 2:

(a) The child must be taken without unnecessary delay to:

(1) The court; or

(2) The place of detention designated by the court and, as soon as possible thereafter, the fact of detention must be reported to the court; and

(b) Pending further disposition of the case, the court may order that the child be:

(1) Released to the custody of the parent or other person appointed by the court;

(2) Detained in such place as is designated by the court, subject to further order of the court; or

(3) Conditionally released for supervised detention at the home of the child in lieu of detention at a facility for the detention of juveniles.

4. A child who is taken into custody for committing a battery that constitutes domestic violence pursuant to NRS 33.018 must not be released from custody sooner than 12 hours after he is taken into custody.

5. Except as otherwise provided in subsection 4 and section 2 of Assembly Bill No. 221 of this session, if a child is alleged to be delinquent or in need of supervision, the child must not, before disposition of the case, be detained in a facility for the secure detention of juveniles unless there is probable cause to believe that:

(a) If the child is not detained, he is likely to commit an offense dangerous to himself or to the community, or likely to commit damage to property;

(b) The child will run away or be taken away so as to be unavailable for proceedings of the court or to its officers;

(d) The child is a fugitive from another jurisdiction.

[5.]6. If a child is not alleged to be delinquent or in need of supervision, the child must not, at any time, be confined or detained in:

(a) A facility for the secure detention of juveniles; or

(b) Any police station, lockup, jail, prison or other facility in which adults are detained or confined.

[6.] 7. If a child is less than 18 years of age, the child must not, at any time, be confined or detained in any police station, lockup, jail, prison or other facility where the child has regular contact with any adult who is confined or detained therein and who has been convicted of a crime or charged with a crime, unless:

(a) The child is alleged to be delinquent;

(b) An alternative facility is not available; and

[7.] 8. If a child who is alleged to be delinquent is taken into custody and detained, the child must be given a detention hearing, conducted by the judge or master:

(a) Within 24 hours after the child submits a written application;

(b) In a county whose population is less than 100,000, within 24 hours after the commencement of detention at a police station, lockup, jail, prison or other facility in which adults are detained or confined;

(c) In a county whose population is 100,000 or more, within 6 hours after the commencement of detention at a police station, lockup, jail, prison or other facility in which adults are detained or confined; or

(d) Within 72 hours after the commencement of detention at a facility in which adults are not detained or confined,

whichever occurs first, excluding Saturdays, Sundays and holidays. A child must not be released after a detention hearing without the written consent of the judge or master.

[8.] 9. If the parent, guardian or custodian of the child appears with or on behalf of the child at a detention hearing, the judge or master shall provide to him a certificate of attendance which he may provide to his employer. The certificate of attendance must set forth the date and time of appearance and the provisions of NRS 62.900. The certificate of attendance must not set forth the name of the child or the offense alleged.

[9.] 10. Except as otherwise provided in subsection [10,] 11, if a child who is alleged to be in need of supervision is taken into custody and detained, the child must be released within 24 hours, excluding Saturdays, Sundays and holidays, after his initial contact with a peace officer to his parent, guardian or custodian, to any other person who is able to provide adequate care and supervision, or to shelter care, unless the court holds a detention hearing and determines the child:

(a) Has threatened to run away from home or from the shelter;

(b) Is accused of violent behavior at home; or

If the court makes such a determination, the child may be detained for an additional 24 hours after the hearing, excluding Saturdays, Sundays and holidays, if needed by the court to make an alternative placement. Such an alternative placement must be in a facility in which there are no physically restraining devices or barriers. A child must not be detained pursuant to this subsection for a total period in excess of 48 hours, excluding Saturdays, Sundays and holidays.

[10.] 11. If a child who is alleged to be in need of supervision is taken into custody and detained, the child need not be released pursuant to subsection [9,] 10, if the court holds a detention hearing and determines the child:

(a) Is a ward of a federal court or held pursuant to federal statute;

(b) Has run away from another state and a jurisdiction within the state has issued a want, warrant or request for the child; or

If the court makes such a determination, the child may be detained for such an additional period as necessary for the court to return the child to the jurisdiction from which he originated or to make an alternative placement. Such an alternative placement must be in a facility in which there are no physically restraining devices or barriers.

[11.] 12. During the pendency of a criminal or quasi-criminal charge of a crime excluded from the original jurisdiction of the juvenile court pursuant to NRS 62.040, a child may petition the juvenile court for temporary placement in a facility for the detention of juveniles.

[12.]13. In determining whether to release a child pursuant to this section to a person other than his parent, guardian or custodian, preference must be given to any person related within the third degree of consanguinity to the child who is suitable and able to provide proper care and guidance for the child.”.

Amend the bill as a whole by renumbering sec. 5 as sec. 8 and adding new sections designated sections 5 through 7, following sec. 4, to read as follows:

“Sec. 5. Assembly Bill No. 262 of this session is hereby amended by deleting section 1 and adding:

Section 1. (Deleted by amendment.)

Sec. 6. Section 2 of Assembly Bill No. 262 of this session is hereby amended to read as follows:

Sec. 2. NRS 62.170 is hereby amended to read as follows:

62.170 1. Except as otherwise provided in NRS 62.175 and section 2 of Assembly Bill No. 221 of this [act,] session, a peace officer or probation officer may take into custody any child:

(a) Who the officer has probable cause to believe is violating or has violated any law, ordinance or rule or regulation having the force of law; or

(b) Whose conduct indicates that he is a child in need of supervision.

2. Except as otherwise provided in this section, section 2 of Assembly Bill No. 221 of this [act] session and NRS 484.383, if a child is taken into custody:

(a) The officer shall [immediately] , without undue delay, attempt to notify , if known, the parent, guardian or custodian of the child[, if known, and the] ;

(b) The facility in which the child is detained shall, without undue delay:

(1) Notify a probation officer; and

[(b)] (2) Attempt to notify, if known, the parent, guardian or custodian of the child if such notification was not accomplished pursuant to paragraph (a); and

3. Except as otherwise provided in this section and section 2 of Assembly Bill No. 221 of this [act,] session, if a child who is taken into custody is not released pursuant to subsection 2:

(a) The child must be taken without unnecessary delay to:

(1) The court; or

(2) The place of detention designated by the court[,] and, as soon as possible thereafter, the fact of detention must be reported to the court; and

(b) Pending further disposition of the case, the court may order that the child be:

(1) Released to the custody of the parent or other person appointed by the court;

(2) Detained in such place as is designated by the court, subject to further order of the court; or

(3) Conditionally released for supervised detention at the home of the child in lieu of detention at a facility for the detention of juveniles.

4. Except as otherwise provided in section 2 of Assembly Bill No. 221 of this [act,] session, if a child is alleged to be delinquent or in need of supervision, the child must not, before disposition of the case, be detained in a facility for the secure detention of juveniles unless there is probable cause to believe that:

(a) If the child is not detained, he is likely to commit an offense dangerous to himself or to the community, or likely to commit damage to property;

(b) The child will run away or be taken away so as to be unavailable for proceedings of the court or to its officers;

(d) The child is a fugitive from another jurisdiction.

5. If a child is not alleged to be delinquent or in need of supervision, the child must not, at any time, be confined or detained in:

(a) A facility for the secure detention of juveniles; or

(b) Any police station, lockup, jail, prison or other facility in which adults are detained or confined.

6. If a child is less than 18 years of age, the child must not, at any time, be confined or detained in any police station, lockup, jail, prison or other facility where the child has regular contact with any adult who is confined or detained therein and who has been convicted of a crime or charged with a crime, unless:

(a) The child is alleged to be delinquent;

(b) An alternative facility is not available; and

7. If a child who is alleged to be delinquent is taken into custody and detained, the child must be given a detention hearing, conducted by the judge or master:

(a) Within 24 hours after the child submits a written application;

(d) Within 72 hours after the commencement of detention at a facility in which adults are not detained or confined,

whichever occurs first, excluding Saturdays, Sundays and holidays. A child must not be released after a detention hearing without the written consent of the judge or master.

8. If the parent, guardian or custodian of the child appears with or on behalf of the child at a detention hearing, the judge or master shall provide to him a certificate of attendance which he may provide to his employer. The certificate of attendance must set forth the date and time of appearance and the provisions of NRS 62.900. The certificate of attendance must not set forth the name of the child or the offense alleged.

9. Except as otherwise provided in subsection 10, if a child who is alleged to be in need of supervision is taken into custody and detained, the child must be released within 24 hours, excluding Saturdays, Sundays and holidays, after his initial contact with a peace officer to his parent, guardian or custodian, to any other person who is able to provide adequate care and supervision, or to shelter care, unless the court holds a detention hearing and determines the child:

(a) Has threatened to run away from home or from the shelter;

(b) Is accused of violent behavior at home; or

10. If a child who is alleged to be in need of supervision is taken into custody and detained, the child need not be released pursuant to subsection 9, if the court holds a detention hearing and determines the child:

(a) Is a ward of a federal court or held pursuant to federal statute;

(b) Has run away from another state and a jurisdiction within the state has issued a want, warrant or request for the child; or

11. During the pendency of a criminal or quasi-criminal charge of a crime excluded from the original jurisdiction of the juvenile court pursuant to NRS 62.040, a child may petition the juvenile court for temporary placement in a facility for the detention of juveniles.

12. In determining whether to release a child pursuant to this section to a person other than his parent, guardian or custodian, preference must be given to any person related within the third degree of consanguinity to the child who is suitable and able to provide proper care and guidance for the child.

Sec. 7. Assembly Bill No. 262 of this session is hereby amended by adding thereto a new section designated sec. 3, following sec. 2, to read as follows:

Sec. 3. This act becomes effective at 12:01 a.m. on October 1, 1999.”.

Amend the bill as a whole by adding a new section designated sec. 9, following sec. 5, to read as follows:

“Sec. 9. Sections 1, 2, 5, 6 and 7 of this act become effective at 12:03 a.m. on October 1, 1999.”.

Assemblyman Anderson moved that the Assembly concur in the Senate amendment to Assembly Bill No. 473.

Remarks by Assemblyman Anderson.

Motion carried.

Bill ordered enrolled.

Assembly Bill No. 542.

The following Senate amendment was read:

Amendment No. 997.

Amend sec. 2, page 1, line 6, by deleting “30” and inserting “5”.

Amend sec. 3, page 2, by deleting lines 13 through 19, inclusive, and inserting:

“The provisions of this subsection do not apply if the period of suspension”.

Amend sec. 7, page 7, line 16, by deleting “30” and inserting “5”.

Amend sec. 14, page 15, line 36, by deleting “1999.” and inserting “2000.”.

Amend sec. 15, page 15, by deleting lines 37 through 40 and inserting:

“Sec. 15. This act becomes effective on October 1, 2000.”.

Assemblyman Anderson moved that the Assembly concur in the Senate amendment to Assembly Bill No. 542.

Remarks by Assemblyman Anderson.

Motion carried.

Bill ordered enrolled.

Assembly Bill No. 621.

The following Senate amendment was read:

Amendment No. 959.

Amend the bill as a whole by deleting sections 2 through 5 and renumbering sections 6 and 7 as sections 2 and 3.

Amend sec. 6, page 2, line 30, by deleting “17” and inserting “7”.

Amend sec. 7, page 3, by deleting lines 40 and 41 and inserting:

“to sexual offenses and other records of criminal history that it ~~[collects,]~~ creates or issues, and any information in its”.

Amend sec. 7, page 4, line 18, by deleting “[and]” and inserting “and”.

Amend sec. 7, page 4, by deleting lines 21 through 24 and inserting:

“offense.

(b) [~~Use]~~ When practicable, use a record of the [~~subject’s fingerprints]~~”.

Amend sec. 7, pages 4 and 5, by deleting lines 33 through 41 on page 4 and lines 1 through 7 on page 5, and inserting:

“(a) Disseminate any information which is contained in the central repository to any other agency of criminal justice;

(b) Enter into cooperative agreements with federal and state repositories to facilitate exchanges of ~~[such information;]~~ information that may be disseminated pursuant to paragraph (a); and

Amend sec. 7, page 7, by deleting lines 3 and 4.

Amend the bill as a whole by deleting sections 8 through 13 and renumbering sections 14 through 17 as sections 4 through 7.

Amend the bill as a whole by deleting sections 18 through 20 and renumbering sec. 21 as sec. 8.

Amend the title of the bill to read as follows:

“AN ACT relating to the central repository for Nevada records of criminal history; requiring certain agencies of criminal justice to submit certain records to the central repository for Nevada records of criminal history; authorizing the central repository to disseminate information contained in the central repository by electronic means; making various other changes concerning the central repository for Nevada records of criminal history; and providing other matters properly relating thereto.”.

Assemblyman Anderson moved that the Assembly concur in the Senate amendment to Assembly Bill No. 621.

Remarks by Assemblyman Anderson.

Motion carried.

The following Senate amendment was read:

Amendment No. 1052.

Amend the bill as a whole by renumbering sec. 8 as sec. 10 and adding new sections designated sections 8 and 9, following sec. 7, to read as follows:

“Sec. 8. Section 2 of Assembly Bill No. 165 of this session is hereby amended to read as follows:

Sec. 2. NRS 62.350 is hereby amended to read as follows:

62.350 1. The fingerprints of a child must be taken if the child is in custody for an act that, if committed by an adult:

(a) Would be a felony, a gross misdemeanor or a sexual offense; or

(b) Would be a misdemeanor, and the act involved:

(1) The use or threatened use of force or violence against the victim; or

(2) The possession, use or threatened use of a firearm or a deadly weapon.

2. The fingerprints of a child who is in custody but who is not subject to the provisions of subsection 1 may be taken if a law enforcement officer finds latent fingerprints during the investigation of an offense and the officer has reason to believe that the latent fingerprints are those of the child. The officer shall use the fingerprints taken from the child to make an immediate comparison with the latent fingerprints. If the comparison is:

(a) Negative, the fingerprint card and other copies of the fingerprints taken may be immediately destroyed or may be retained for future use.

(b) Positive, the fingerprint card and other copies of the fingerprints:

(1) Must be delivered to the court for disposition if the child is referred to court.

(2) May be immediately destroyed or may be retained for future use if the child is not referred to court.

3. Fingerprints that are taken from a child pursuant to the provisions of this section:

(a) May be retained in a local file or a local system for the automatic retrieval of fingerprints if they are retained under special security measures that limit inspection of the fingerprints to law enforcement officers who are conducting criminal investigations. If the child from whom the fingerprints are taken subsequently is not adjudicated delinquent, the parent or guardian of the child or, when the child becomes at least 18 years of age, the child, may petition the court for the removal of the fingerprints from any such local file or local system.

(b) Must be submitted to the central repository for Nevada records of criminal history if the child is adjudicated delinquent for an act that, if committed by an adult, would be a felony or sexual offense, and may be submitted to the central repository for any other act.Any such fingerprints submitted to the central repository must be submitted with a description of the child and the unlawful act, if any, that the child committed. The central repository shall retain the fingerprints and such information of the child under special security measures that limit inspection of the fingerprints and such information to law enforcement officers who are conducting criminal investigations and to officers and employees of the central repository who are assisting law enforcement officers with criminal investigations or who are conducting research or performing a statistical analysis.

(c) Must not be submitted to the Federal Bureau of Investigation unless the child is adjudicated delinquent for an act that, if committed by an adult, would be a felony or a sexual offense.

4. A child who is in custody must be photographed for the purpose of identification. Except as otherwise provided in this subsection, the photographs of the child must be kept in the file pertaining to the child under special security measures which provide that [limit inspection of] the photographs [to law enforcement officers who are conducting] may be inspected only to conduct criminal investigations[.] and photographic lineups. If a court subsequently determines that the child is not delinquent, the court shall order the photographs to be destroyed.

5. Any person who willfully violates any provision of this section is guilty of a misdemeanor.

Sec. 9. Section 22 of Assembly Bill No. 626 of this session is hereby amendment to read as follows:

Sec. 22. NRS 179A.075 is hereby amended to read as follows:

179A.075 1. The central repository for Nevada records of criminal history is hereby created within the Nevada highway patrol division of the department.

2. Each agency of criminal justice and any other agency dealing with crime or delinquency of children shall:

(a) Collect and maintain records, reports and compilations of statistical data required by the department; and

(b) Submit the information collected to the central repository in the manner recommended by the advisory committee and approved by the director of the department.

3. Each agency of criminal justice shall submit the information relating to sexual offenses and other records of criminal history that it creates or issues, and any information in its possession relating to the genetic markers of the blood and the secretor status of the saliva of a person who is convicted of sexual assault or any other sexual offense, to the division in the manner prescribed by the director of the department. The information must be submitted to the division:

(a) Through an electronic network;

(b) On a medium of magnetic storage; or

within the period prescribed by the director of the department. If an agency has submitted a record regarding the arrest of a person who is later determined by the agency not to be the person who committed the particular crime, the agency shall, immediately upon making that determination, so notify the division. The division shall delete all references in the central repository relating to that particular arrest.

4. The division shall, in the manner prescribed by the director of the department:

(a) Collect, maintain and arrange all information submitted to it relating to:

(1) Sexual offenses and other records of criminal history; and

(2) The genetic markers of the blood and the secretor status of the saliva of a person who is convicted of sexual assault or any other sexual offense.

(b) When practicable, use a record of the personal identifying information of a subject as the basis for any records maintained regarding him.

(c) Upon request during a state of emergency or declaration of disaster proclaimed pursuant to NRS 414.070, provide the information that is contained in the central repository to the state disaster identification team of the division of emergency management of the department of motor vehicles and public safety.

5. The division may:

(a) Disseminate any information which is contained in the central repository to any other agency of criminal justice;

(b) Enter into cooperative agreements with federal and state repositories to facilitate exchanges of information that may be disseminated pursuant to paragraph (a); and

(c) Request of and receive from the Federal Bureau of Investigation information on the background and personal history of any person whose record of fingerprints the central repository submits to the Federal Bureau of Investigation and:

(1) Who has applied to any agency of the State of Nevada or any political subdivision thereof for a license which it has the power to grant or deny;

(2) With whom any agency of the State of Nevada or any political subdivisionthereof intends to enter into a relationship of employment or a contract for personal services;

(3) About whom any agency of the State of Nevada or any political subdivision thereof has a legitimate need to have accurate personal information for the protection of the agency or the persons within its jurisdiction; or

(4) For whom such information is required to be obtained pursuant to NRS 449.179.

6. The central repository shall:

(a) Collect and maintain records, reports and compilations of statistical data submitted by any agency pursuant to subsection 2.

(b) Tabulate and analyze all records, reports and compilations of statistical data received pursuant to this section.

(c) Disseminate to federal agencies engaged in the collection of statistical data relating to crime information which is contained in the central repository.

(d) Investigate the criminal history of any person who:

(1) Has applied to the superintendent of public instruction for a license;

(2) Has applied to a county school district for employment; or

(3) Is employed by a county school district,

and notify the superintendent of each county school district and the superintendent of public instruction if the investigation of the central repository indicates that the person has been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude.

(e) Upon discovery, notify the superintendent of each county school district by providing him with a list of all persons:

(1) Investigated pursuant to paragraph (d); or

(2) Employed by a county school district whose fingerprints were sent previously to the central repository for investigation,

who the central repository’s records indicate have been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude since the central repository’s initial investigation. The superintendent of each county school district shall determine whether further investigation or action by the district is appropriate.

(f) Investigate the criminal history of each person who submits fingerprints or has his fingerprints submitted pursuant to NRS 449.176 or 449.179.

(g) On or before July 1 of each year, prepare and present to the governor a printed annual report containing the statistical data relating to crime received during the preceding calendar year. Additional reports may be presented to the governor throughout the year regarding specific areas of crime if they are recommended by the advisory committee and approved by the director of the department.

(h) On or before July 1 of each year, prepare and submit to the director of the legislative counsel bureau, for submission to the legislature, or the legislative commission when the legislature is not in regular session, a report containing statistical data about domestic violence in this state.

(i) Identify and review the collection and processing of statistical data relating to criminal justice and the delinquency of children by any agency identified in subsection 2, and make recommendations for any necessary changes in the manner of collecting and processing statistical data by any such agency.

7. The central repository may:

(a) At the recommendation of the advisory committee and in the manner prescribed by the director of the department, disseminate compilations of statistical data and publish statistical reports relating to crime or the delinquency of children.

(b) Charge a reasonable fee for any publication or special report it distributes relating to data collected pursuant to this section. The central repository may not collect such a fee from an agency of criminal justice, any other agency dealing with crime or the delinquency of children which is required to submit information pursuant to subsection 2 or the state disaster identification team of the division of emergency management of the department of motor vehicles and public safety. All money collected pursuant to this paragraph must be used to pay for the cost of operating the central repository.

(c) In the manner prescribed by the director of the department, use electronic means to receive and disseminate information contained in the central repository that it is authorized to disseminate pursuant to the provisions of this chapter.

8. As used in this section:

(a) “Advisory committee” means the committee established by the director of the department pursuant to NRS 179A.078.

(b) “Personal identifying information” means any information designed, commonly used or capable of being used, alone or in conjunction with any other information, to identify a person, including, without limitation:

(1) The name, driver’s license number, social security number, date of birth and photograph or computer generated image of a person; and

(2) The fingerprints, voiceprint, retina image and iris image of a person.”.

Assemblyman Anderson moved that the Assembly concur in the Senate amendment to Assembly Bill No. 621.

Remarks by Assemblyman Anderson.

Motion carried.

Bill ordered enrolled.

Assembly Bill No. 313.

The following Senate amendment was read:

Amendment No. 1061.

Amend the bill as a whole by deleting sections 1 through 13 and inserting new sections designated sections 1 through 13, following the enacting clause, to read as follows:

“Section 1. NRS 386.550 is hereby amended to read as follows:

386.550 A charter school shall:

1. Comply with all laws and regulations relating to discrimination and civil rights.

2. Remain nonsectarian, including, without limitation, in its educational programs, policies for admission and employment practices.

3. Refrain from charging tuition or fees, levying taxes or issuing bonds.

4. Comply with any plan for desegregation ordered by a court that is in effect in the school district in which the charter school is located.

5. Comply with the provisions of chapter 241 of NRS.

6. Schedule and provide annually at least as many days of instruction as are required of other public schools located in the same school district as the charter school is located.

7. Cooperate with the board of trustees of the school district in the administration of the achievement and proficiency examinations administered pursuant to NRS 389.015 to the pupils who are enrolled in the charter school.

8. Comply with applicable statutes and regulations governing the achievement and proficiency of pupils in this state.

9. Provide instruction in the core academic subjects set forth in subsection 1 of section 6 of this act, as applicable for the grade levels of pupils who are enrolled in the charter school, and provide at least the courses of instruction that are required of pupils by statute or regulation for promotion to the next grade or graduation from a public high school and require the pupils who are enrolled in the charter school to receive that instruction and take those courses of study. This subsection does not preclude a charter school from offering, or requiring the pupils who are enrolled in the charter school to take, other courses of study that are required by statute or regulation.

10. Provide instruction on acquired immune deficiency syndrome and the human reproductive system, related to communicable diseases and sexual responsibility in accordance with NRS 389.065.

11. Adhere to the same transportation policy that is in effect in the school district in which the charter school is located.

Sec. 2. NRS 386.585 is hereby amended to read as follows:

386.585 1. A governing body of a charter school shall adopt:

(a) Written rules of behavior required of and prohibited for pupils attending the charter school; and

(b) Appropriate punishments for violations of the rules.

2. Except as otherwise provided in subsection 3, if suspension or expulsion of a pupil is used as a punishment for a violation of the rules, the charter school shall ensure that, before the suspension or expulsion, the pupil has been given notice of the charges against him, an explanation of the evidence and an opportunity for a hearing. The provisions of chapter 241 of NRS do not apply to any hearing conducted pursuant to this section. Such a hearing must be closed to the public.

3. A pupil who poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process or who is selling or distributing any controlled substance or who is found to be in possession of a dangerous weapon as provided in NRS 392.466 may be removed from the charter school immediately upon being given an explanation of the reasons for his removal and pending proceedings, which must be conducted as soon as practicable after removal, for his suspension or expulsion.

4. A pupil who is enrolled in a charter school and participating in a program of special education pursuant to NRS 388.520, other than a pupil who is gifted and talented, may, in accordance with the procedural policy adopted by the governing body of the charter school for such matters, be:

(a) Suspended from the charter school pursuant to this section for not more than 10 days.

(b) Suspended from the charter school for more than 10 days or permanently expelled from school pursuant to this section only after the [governing]:

(1) Pupil’s individualized education program team has conducted a review in accordance with 20 U.S.C. § 1415(k) and determined that the behavior of the pupil is not a manifestation of his disability. In conducting the review, the individualized education program team shall not presume that the behavior of the pupil is a manifestation of his disability.

(2) Governing body has reviewed the circumstances and determined that the action is in compliance with the Individuals with Disabilities Education Act ,[(]20 U.S.C. §§ 1400 et seq.[).]

5. A copy of the rules of behavior, prescribed punishments and procedures to be followed in imposing punishments must be:

(a) Distributed to each pupil at the beginning of the school year and to each new pupil who enters school during the year.

(b) Available for public inspection at the charter school.

6. The governing body of a charter school may adopt rules relating to the truancy of pupils who are enrolled in the charter school if the rules are at least as restrictive as the provisions governing truancy set forth in NRS 392.130 to 392.220, inclusive. If a governing body adopts rules governing truancy, it shall include the rules in the written rules adopted by the governing body pursuant to subsection 1.

7. As used in this section, “individualized education program team” has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(B).

Sec. 3. NRS 388.380 is hereby amended to read as follows:

388.380 1. Except as otherwise provided in subsection 2, the board of trustees of a school district in a county whose population is 100,000 or more shall and any other board of trustees of a school district may:

(a) Establish and maintain occupational schools or classes giving instruction in the subjects approved by the state board for occupational education.

(b) Raise and expend money for the establishment and maintenance of occupational schools or classes.

2. The board of trustees of each school district shall incorporate into the curriculum:

(a) Occupational guidance and counseling[;] in accordance with NRS 389.180; and

(b) Technology . [,

in accordance with the courses of study adopted by the state board pursuant to NRS 389.170 and 389.180.]

Sec. 4. NRS 388.450 is hereby amended to read as follows:

388.450 1. The legislature declares that the basic support guarantee for each special education program unit established by law for each school year establishes financial resources sufficient to ensure a reasonably equal educational opportunity to pupils with disabilities and gifted and talented pupils residing in Nevada.

2. Subject to the provisions of NRS 388.440 to 388.520, inclusive, the board of trustees of each school district shall make such special provisions as may be necessary for the education of pupils with disabilities and gifted and talented pupils.

3. The board of trustees of a school district shall establish uniform criteria governing eligibility for instruction under the special education programs provided for by NRS 388.440 to 388.520, inclusive. The criteria must prohibit the placement of a pupil in a program for pupils with disabilities solely because the pupil is a disciplinary problem in school.The criteria are subject to such standards as may be prescribed by the state board . [of education.]

Sec. 5. NRS 388.470 is hereby amended to read as follows:

388.470 1. Before any child is placed in a special programfor pupils with disabilities or gifted and talented pupils:

(a) A consultation must be held with his parents or guardian.

(b) An examination must be conducted for the purpose of finding the extent to which the child deviates from normal growth and development patterns. The examination must be conducted in accordance with standards prescribed by the state board . [of education.]

2. A psychiatrist may be consulted in any specific case when the board of trustees of a school district deems it necessary.

3. The board of trustees of a school district or the governing body of a charter school shall not place a child or authorize the placement of a child in a program for pupils with disabilities solely because the child is a disciplinary problem in school.

Sec. 6. Chapter 389 of NRS is hereby amended by adding thereto a new section to read as follows:

1. The following subjects are designated as the core academic subjects that must be taught, as applicable for grade levels, in all public schools, the Caliente youth center and the Nevada youth training center:

(a) English, including reading, composition and writing;

(b) Mathematics;

(d) Social studies, which includes only the subjects of history, geography, economics and government.

2. Except as otherwise provided in this subsection, in addition to the core academic subjects, the following subjects must be taught as applicable for grade levels and to the extent practicable in all public schools, the Caliente youth center and the Nevada youth training center:

(a) The arts;

(b) Computer education and technology;

(d) Physical education.

If the state board requires the completion of course work in a subject area set forth in this subsection for graduation from high school or promotion to the next grade, a public school shall offer the required course work. Unless a subject is required for graduation from high school or promotion to the next grade, a charter school is not required to comply with this subsection.

3. The state board shall adopt regulations establishing courses of study and the grade levels for which the courses of study apply for:

(a) The academic subjects set forth in subsections 1 and 2.

(b) Citizenship and physical training for pupils enrolled in high school.

(d) The prevention of suicide.

(e) Instruction relating to child abuse.

(f) The economics of the American system of free enterprise.

(g) American Sign Language.

(h) Environmental education.

(i) Adult roles and responsibilities.

A course of study established for paragraph (a) may include one or more of the subjects listed in paragraphs (b) to (i), inclusive.

Sec. 7. NRS 389.010 is hereby amended to read as follows:

389.010 Except as otherwise provided in [NRS 389.170 and] 389.180, boards of trustees of school districts shall enforce in schools the courses of study prescribed and adopted by the state board.

Sec. 8. NRS 389.020 is hereby amended to read as follows:

389.020 1. In all public schools, the Caliente youth center and the Nevada youth training center, instruction must be given in American government, including , but not limited to , the [essentials of the] :

(a) Essentials of:

(1) The Constitution of the United States, [the constitution] including, without limitation, the Bill of Rights;

(2) The Constitution of the State of Nevada[, the origin] ;

(3) The Declaration of Independence;

(4) The Federalist Papers;

(5) Abraham Lincoln’s Gettysburg Address;

(6) The Emancipation Proclamation; and

(7) George Washington’s Farewell Address;

(b) Origin and history of the constitutions [and the study] ; and

2. The instruction required [in] by subsection 1 must be given during at least 1 year of the elementary school grades and for a period of at least 1 year in all high schools.

Sec. 9. NRS 392.466 is hereby amended to read as follows:

392.466 1. Except as otherwise provided in this section, any pupil who commits a battery which results in the bodily injury of an employee of the school, sells or distributes any controlled substance or is found in possession of a dangerous weapon, while on the premises of any public school, at an activity sponsored by a public school or on any school bus must, for the first occurrence, be suspended or expelled from that school, although he may be placed in another kind of school, for at least a period equal to one semester for that school. For a second occurrence, the pupil must:

(a) Be permanently expelled from that school; and

(b) Receive equivalent instruction authorized by the state board pursuant to NRS 392.070.

2. Except as otherwise provided in this section, any pupil who is found in possession of a firearm while on the premises of any public school, at an activity sponsored by a public school or on any school bus must, for the first occurrence, be expelled from the school for a period of not less than 1 year, although he may be placed in another kind of school for a period not to exceed the period of the expulsion. For a second occurrence, the pupil must:

(a) Be permanently expelled from the school; and

(b) Receive equivalent instruction authorized by the state board pursuant to NRS 392.070.

The superintendent of schools of a school district may, in a particular case in that school district, allow an exception to the expulsion requirement of this subsection.

3. Except as otherwise provided in this section, any pupil who is a habitual disciplinary problem as set forth in NRS 392.4655 must be suspended or expelled from the school for a period equal to at least one semester for that school. For the period of his suspension or expulsion, the pupil must receive equivalent instruction authorized by the state board pursuant to NRS 392.070.

4. This section does not prohibit a pupil from having in his possession a knife or firearm with the approval of the principal of the school. A principal may grant such approval only in accordance with the policies or regulations adopted by the board of trustees of the school district.

5. Any pupil in grades 1 to 6, inclusive, except a pupil who has been found to have possessed a firearm in violation of subsection 2, may be suspended from school or permanently expelled from school pursuant to this section only after the board of trustees of the school district has reviewed the circumstances and approved this action in accordance with the procedural policy adopted by the board for such issues.

6. A pupil who is participating in a program of special education pursuant to NRS 388.520, other than a pupil who is gifted and talented, may, in accordance with the procedural policy adopted by the board of trustees of the school district for such matters, be:

(a) Suspended from school pursuant to this section for not more than 10 days. Such a suspension may be imposed pursuant to this paragraph for each occurrence of conduct proscribed by subsection 1.

(b) Suspended from school for more than 10 days or permanently expelled from school pursuant to this section only after the [board]:

(2) Board of trustees of the school district has reviewed the circumstances and determined that the action is in compliance with the Individuals with Disabilities Education Act ,[(]20 U.S.C. §§ 1400 et seq.[).]

7. As used in this section:

(a) “Battery” has the meaning ascribed to it in paragraph (a) of subsection 1 of NRS 200.481.

(b) “Dangerous weapon” includes, without limitation, a blackjack, slung shot, billy, sand‑club, sandbag, metal knuckles, dirk or dagger, a nunchaku, switchblade knife or trefoil, as defined in NRS 202.350, a butterfly knife or any other knife described in NRS 202.350, or any other object which is used, or threatened to be used, in such a manner and under such circumstances as to pose a threat of, or cause, bodily injury to a person.

(c) “Firearm” includes, without limitation, any pistol, revolver, shotgun, explosive substance or device, and any other item included within the definition of a “firearm” in 18 U.S.C. § 921, as that section existed on July 1, 1995.

(d) “Individualized education program team” has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(B).

Sec. 10. NRS 392.467 is hereby amended to read as follows:

392.467 1. Except as otherwise provided in subsections 4 and 5, the board of trustees of a school district may authorize the suspension or expulsion of any pupil from any public school within the school district.

2. Except as otherwise provided in subsection 5, no pupil may be suspended or expelled until he has been given notice of the charges against him, an explanation of the evidence and an opportunity for a hearing, except that a pupil who poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process or who is selling or distributing any controlled substance or is found to be in possession of a dangerous weapon as provided in NRS 392.466 may be removed from the school immediately upon being given an explanation of the reasons for his removal, and pending proceedings, to be conducted as soon as practicable after removal, for his suspension or expulsion.

3. The provisions of chapter 241 of NRS do not apply to any hearing conducted pursuant to this section. Such hearings must be closed to the public.

4. The board of trustees of a school district shall not authorize the expulsion, suspension or removal of any pupil from the public school system solely because the pupil is declared a truant or habitual truant in accordance with NRS 392.130 or 392.140.

5. A pupil who is participating in a program of special education pursuant to NRS 388.520, other than a pupil who is gifted and talented, may, in accordance with the procedural policy adopted by the board of trustees of the school district for such matters, be:

(a) Suspended from school pursuant to this section for not more than 10 days.

(b) Suspended from school for more than 10 days or permanently expelled from school pursuant to this section only after the [board] :

6. As used in this section, “individualized education program team” has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(B).

Sec. 11. 1. The subjects taught in public schools pursuant to subsections 1 and 2 of section 6 of this act must be in accordance with the standards of content and performance established for grade levels by the council to establish academic standards for public schools pursuant to section 45 of chapter 473, Statutes of Nevada 1997, at page 1780.

2. The courses of studyestablished by the state board of education pursuant to paragraph (a) of subsection 3 of section 6 of this act must comply with and carry out the standards of content and performance that are submitted to the state board of education by the council to establish academic standards for public schools pursuant to section 45 of chapter 473, Statutes of Nevada 1997, at page 1780.

Sec. 12. NRS 389.050, 389.060, 389.063, 389.075, 389.080, 389.083, 389.085, 389.110, 389.120, 389.130, 389.140, 389.170 and 389.190 are hereby repealed.

Sec. 13. This act becomes effective on July 1, 1999.”.

Amend the bill as a whole by adding the leadlines of repealed sections, following sec. 12, to read as follows:

“

LEADLINES OF REPEALED SECTIONS

389.050 Instruction in high school in citizenship and physical training; employment of teachers of physical training.

389.060 Instruction in physiology, hygiene and cardiopulmonary resuscitation.

389.063 Instruction on prevention of suicide.

389.075 Instruction relating to child abuse.

389.080 Instruction in economics of American system of free enterprise.

389.083 American Sign Language: Approval of course work; credit as foreign language.

389.085 Automobile driver education program: Establishment; appropriations; apportionments to school districts and charter schools; restrictions on expenditures.

389.110 Environmental education: Instruction in environmental preservation and protection, principles of ecology and conservation of resources.

389.120 Environmental education: Counseling programs.

389.130 Environmental education: Programs for outdoor education and camping.

389.140 Environmental education: Duties of superintendent of public instruction.

389.170 Course of study: Technology.

389.190 Course of study: Adult roles and responsibilities.”.

Amend the title of the bill by deleting the third through sixth lines and inserting:

“with disabilities solely because the child is a disciplinary problem in school; prescribing the academic subjects for public schools; requiring the state board of education to adopt certain courses of study; requiring that pupils be instructed in certain additional subjects relating to American government; repealing certain courses of study; and providing other matters properly relating thereto.”.

Amend the summary of the bill by deleting the first line and inserting:

“SUMMARY—Revises provisions governing education.”.

Assemblyman Collins moved that the Assembly do not concur in the Senate amendment to Assembly Bill No. 313.

Remarks by Assemblyman Collins.

Motion carried.

Bill ordered transmitted to the Senate.

Assembly Bill No. 15.

The following Senate amendment was read:

Amendment No. 1096.

Amend sec. 2, page 4, by deleting line 23 and inserting:

“provisions set forth as sections 2.5 to 5, inclusive, of this act.”.

Amend the bill as a whole by adding a new section designated sec. 2.5, following sec. 2, to read as follows:

“Sec. 2.5. Notwithstanding the provisions of NRS 392.040 to the contrary, the provisions of sections 3, 4 and 5 of this act apply to all pupils who are less than 18 years of age and enrolled in public schools, including, without limitation, pupils who are 17 years of age or older but less than 18 years of age.”.

Amend sec. 3, page 4, line 24, by deleting “three” and inserting “one”.

Amend sec. 3, page 4, line 33, by deleting “Submit” and inserting:

“If the parent or legal guardian of a pupil has signed a written consent pursuant to subsection 4, submit”.

Amend sec. 3, page 4, between lines 40 and 41 by inserting:

“4. If the principal of a school makes an initial determination to submit a written referral of a pupil to the advisory board to review school attendance, the principal shall notify the parent or legal guardian of the pupil and request the parent or legal guardian to sign a written consent that authorizes the school and, if applicable, the school district to release the records of the pupil to the advisory board to the extent that such release is necessary for the advisory board to carry out its duties pursuant to sections 4 and 5 of this act. The written consent must comply with the applicable requirements of 20 U.S.C. § 1232g(b) and 34 C.F.R. Part 99. If the parent or legal guardian refuses to sign the consent, the principal shall report the pupil to a school police officer or to a local law enforcement agency pursuant to paragraph (a) of subsection 2.”.

Amend sec. 5, page 6, between lines 29 and 30 by inserting:

“6. If the parents or legal guardian of a pupil enter into a written agreement pursuant to this section, the parents or legal guardian may appeal to the board of trustees of the school district a determination made by the advisory board concerning the contents of the written agreement. Upon receipt of such a request, the board of trustees of the school district shall review the determination in accordance with the procedure established by the board of trustees for such matters.

7. The board of trustees of each school district shall adopt policies and rules to protect the confidentiality of the deliberations, findings and determinations made by an advisory board and information concerning a pupil and the family of a pupil. An advisory board shall not disclose information concerning the records of a pupil or services provided to a pupil or his family unless the disclosure is specifically authorized by statute or by the policies and rules of the board of trustees and is necessary for the advisory board to carry out its duties.”.

Amend sec. 6, page 7, line 2, by deleting “alternate,” and inserting:

“alternate who is also a parent or legal guardian,”.

Amend sec. 8, page 8, line 11, after “act.” by inserting:

“If the chairman of an advisory board divides the advisory board into subcommittees, the chairman shall notify the board of trustees of the school district of this action. Upon receipt of such a notice, the board of trustees shall establish rules and procedures for each such subcommittee. A subcommittee shall abide by the applicable rules and procedures when it takes action or makes decisions.”.

Amend sec. 9, page 8, by deleting line 30 and inserting:

“2. [Absence for any part]An unapproved absence for at least one period, or the equivalent of one”.

Amend sec. 9, page 8, line 31, by deleting “shall” and inserting “[shall] may”.

Amend sec. 9, page 9, between lines 5 and 6, by inserting:

“6. Notwithstanding the provisions of NRS 392.040 to the contrary, the provisions of this section apply to all pupils who are less than 18 years of age and enrolled in public schools, including, without limitation, pupils who are 17 years of age or older but less than 18 years of age.”.

Amend sec. 10, page 9, line 7, by deleting “[three] five” and inserting “three”.

Amend sec. 10, page 9, between lines 15 and 16 by inserting:

“3. Notwithstanding the provisions of NRS 392.040 to the contrary, the provisions of this section apply to all pupils who are less than 18 years of age and enrolled in public schools, including, without limitation, pupils who are 17 years of age or older but less than 18 years of age.”.

Amend sec. 11, page 9, line 23, by deleting “a written” and inserting:

“manually or electronically a”.

Amend sec. 11, page 9, between lines 34 and 35 by inserting:

“4. Notwithstanding the provisions of NRS 392.040 to the contrary, the provisions of this section apply to all pupils who are less than 18 years of age and enrolled in public schools, including, without limitation, pupils who are 17 years of age or older but less than 18 years of age.”.

Amend the bill as a whole by adding new sections designated sections 11.3 and 11.7, following sec. 11, to read as follows:

“Sec. 11.3. NRS 392.160 is hereby amended to read as follows:

392.160 1. Any peace officer, the attendance officer or any other school officer shall, during school hours, take into custody without warrant:

(a) Any child between the ages of 7 and 17 years; and

(b) Any child who has arrived at the age of 6 years but not at the age of 7 years and is enrolled in a public school,

who has been reported to him by the teacher, superintendent of schools or other school officer as an absentee from instruction upon which he is lawfully required to attend.

2. Any peace officer, the attendance officer or any other school officer shall, during school hours, take into custody without warrant any child who is 17 years of age or older but less than 18 years of age if:

(a) The child is enrolled in a public school; and

(b) A teacher, superintendent of schools or other school officer has reported the child as absent from instruction.

3. Except as otherwise provided in subsection [3:] 4:

(a) During school hours, the officer having custody shall forthwith deliver the child to the superintendent of schools, principal or other school officer at the child’s school of attendance.

(b) After school hours, the officer having custody shall deliver the child to the parent, guardian or other person having control or charge of the child.

[3.] 4. The board of trustees of a school district or the governing body of a charter school may enter into an agreement with a counseling agency to permit delivery of the child to the agency. For the purposes of this subsection, “counseling agency” means an agency designated by the school district in which the child is enrolled to provide counseling for the child and the parent, guardian or other person having control or charge of the child.

Sec. 11.7. NRS 392.360 is hereby amended to read as follows:

392.360 1. A board of trustees of a school district may permit school buses or vehicles belonging to the school district to be used for the transportation of public school pupils to and from:

(a) Interscholastic contests;

(b) School festivals; or

2. In addition to the use of school buses and vehicles authorized pursuant to subsection 1, the board of trustees of a school district may permit school buses and vehicles belonging to the school district to be used for the transportation of children to and from:

(a) Programs for the supervision of children before and after school; and

(b) Other programs or activities that the board of trustees deems appropriate,

regardless of whether such programs or activities are part of a school program.

3. The use of school buses or vehicles belonging to the school district for the purposes enumerated in [subsection 1] subsections 1 and 2 is governed by regulations made by the board of trustees, which must not conflict with regulations of the state board . [of education.] Proper supervision for each vehicle so used must be furnished by school authorities, and each school bus must be operated by a driver qualified under the provisions of NRS 392.300 to 392.410, inclusive.

[3.] 4. A driver shall not operate a vehicle for the purposes enumerated in [subsection 1] subsections 1 and 2 for more than 10 hours in a 15‑hour period. The time spent operating, inspecting, loading, unloading, repairing and servicing the vehicle and waiting for passengers must be included in determining the 15‑hour period. After 10 hours of operating a vehicle, the driver must rest for 10 hours before he again operates a vehicle for such purposes.

[4.] 5. Before January 1, 1984, the state board [of education] shall adopt regulations to carry out the provisions of subsection [3.] 4.”.

Amend sec. 14, page 11, by deleting lines 25 through 34 and inserting:

“NRS 62.223; [and] or

(II) Perform not less than 8 hours but not more than 16 hours of community service in compliance with the provisions of subsection 3; and

(2) If the child is 14 years of age or older, order the suspension of the child’s driver’s license for 30 days.If the child does not possess a driver’s license, the court shall prohibit the child from applying for a driver’s license for 30 days:”.

Amend sec. 14, page 12, by deleting line 4 and inserting:

“(II) Perform not more than 10”.

Amend sec. 14, page 12, by deleting lines 10 through 13 and inserting:

“child’s driver’s license for 60 days. If the child does not possess a driver’s license, the court shall prohibit the child from applying for a driver’s license for 60 days:”.

Amend the bill as a whole by deleting sections 15 and 16 and renumbering sections 17 and 18 as sections 15 and 16.

Amend sec. 18, page 13, by deleting line 10 and inserting:

“Sec. 16. 1. This section and sections 1 to 10, inclusive, and 12 to 15, inclusive, of this act become effective on July 1, 1999.

2. Section 11 of this act becomes effective at 12:01 a.m. on July 1, 1999.”.

Amend the title of the bill, third line, after “truants;” by inserting:

“providing that an enrolled pupil who is 17 years of age but less than 18 years of age is subject to the truancy statutes; expanding the circumstances under which a school district may permit children to be transported on school buses and vehicles;”.

Amend the summary of the bill by deleting the first line and inserting:

“SUMMARY—Makes various changes regarding truancy, discipline and transportation of pupils.”.

Assemblyman Collins moved that the Assembly do not concur in the Senate amendment to Assembly Bill No. 15.

Remarks by Assemblyman Collins.

Motion carried.

The following Senate amendment was read:

Amendment No. 1122.

Amend the bill as a whole by adding a new section designated sec. 5.5, following sec. 5, to read as follows:

“Sec. 5.5. NRS 392.122 is hereby amended to read as follows:

392.122 1. The board of trustees of each school district shall prescribe a minimum number of days that a pupil who is enrolled in a school in the district must be in attendance for the pupil to be promoted to the next higher grade. For the purposes of this subsection, the days on which a pupil is not in attendance because the pupil is:

(a) Physically or mentally unable to attend school; or

(b) Absent for up to 10 days within 1 school year with the approval of the teacher or principal of the school pursuant to NRS 392.130,

must be credited towards the required days of attendance.

2. A school shall inform the parents or legal guardian of each pupil who is enrolled in the school that the parents or legal guardian and the pupil are required to comply with the provisions governing the attendance and truancy of pupils set forth in NRS 392.040 to 392.160, inclusive, and any other rules concerning attendance and truancy adopted by the board of trustees of the school district.”.

Assemblyman Collins moved that the Assembly do not concur in the Senate amendment to Assembly Bill No. 15.

Remarks by Assemblyman Collins.

Motion carried.

Bill ordered transmitted to the Senate.

Assembly Bill No 533.

The following Senate amendment was read:

Amendment No. 824.

Amend the bill as a whole by renumbering section 1 as sec. 2 and adding a new section designated section 1, following the enacting clause, to read as follows:

“Section 1. Chapter 450 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.”.

Amend section 1, page 1, by deleting lines 1 through 3 and inserting:

“Sec. 2. 1. A board of county commissioners may create a hospital district in”.

Amend section 1, page 1, by deleting line 12 and inserting:

“(e) May borrow money and incur or assume indebtedness pursuant to NRS 450.665.”.

Amend the bill as a whole by renumbering sections 2 and 3 as sections 7 and 8 and adding new sections designated sections 3 through 6, following section 1, to read as follows:

“Sec. 3. The board of trustees may contract with a public agency or a privately owned hospital to provide the services of a hospital to the residents of the hospital district if it determines that:

1. There is a need to provide medical services to the residents of the district which are not being provided by the district; or

2. It is less costly or more efficient to provide the services of a hospital to the residents of the district by contracting with a public agency or a privately owned hospital.

Sec. 4. 1. The board of trustees may contract with a company which manages hospitals for the rendering of management services in a district hospital.

2. The agreement may provide:

(a) That the chief executive officer of the hospital must be an employee of the company which manages the hospital; and

(b) That the hospital may, in accordance with the requirements of section 6 of this act, purchase supplies, materials and equipment through the purchasing contracts of the company which manages the hospital, or through a purchasing group, without complying with the requirements for competitive bidding set forth in chapter 332 of NRS.

Sec. 5. 1. A district hospital may, with the approval of the board of trustees, become a member of a purchasing group for the purpose of purchasing supplies, materials and equipment used by the district hospital.

2. A district hospital that becomes a member of a purchasing group may, in accordance with the requirements of section 6 of this act, purchase supplies, materials and equipment through the purchasing group without complying with the requirements for competitive bidding set forth in chapter 332 of NRS.

Sec. 6. A district hospital that is authorized pursuant to section 4 or 5 of this act to purchase supplies, materials and equipment in accordance with this section through the purchasing contracts of the company that manages the hospital or through a purchasing group may purchase the supplies, materials and equipment without complying with the requirements for competitive bidding set forth in chapter 332 of NRS if:

1. The documents pertaining to the proposed purchase, including, without limitation, the prices available to the company or purchasing group, are summarized in writing and, together with a sworn statement by an officer or agent of the company or purchasing group that the prices were obtained by the company or purchasing group through a process of competitive bidding, are presented to the board of trustees at its next regularly scheduled meeting; and

2. The board of trustees, after reviewing the summary and statement, finds that the proposed purchase will be made at a lower price than the lowest price reasonably obtainable by the hospital through competitive bidding pursuant to chapter 332 of NRS or available to the hospital pursuant to NRS 333.470 and approves the proposed purchase.”.

Amend sec. 2, page 2, line 8, by deleting “section 1” and inserting:

“sections 2 to 6, inclusive,”.

Amend sec. 3, page 2, line 40, by deleting “1” and inserting “2”.

Amend the title of the bill, third line, after “circumstances;” by inserting:

“authorizing district hospitals to join purchasing groups to purchase supplies, materials and equipment used by the hospital; authorizing district hospitals under certain circumstances to purchase supplies, material and equipment without complying with the Local Government Purchasing Act;”.

Amend the summary of the bill to read as follows:

“SUMMARY—Makes various changes to provisions governing county hospital districts. (BDR 40‑1549)”.

Assemblywoman Freeman moved that the Assembly concur in the Senate amendment to Assembly Bill No. 533.

Remarks by Assemblywoman Freeman.

Motion carried.

Bill ordered enrolled.

Assembly Bill No. 280.

The following Senate amendment was read:

Amendment No. 930.

Amend the bill as a whole by deleting sections 1 through 108 and adding new sections designated sections 1 through 23, following the enacting clause, to read as follows:

“Section 1. Chapter 388 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 10, inclusive, of this act.

Sec. 2. As used in sections 2 to 10, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3, 4 and 5 of this act have the meanings ascribed to them in those sections.

Sec. 3. “Aversive intervention” means the intentional application of any of the following to reduce or modify a specific behavior:

1. The use of noxious odors and tastes;

2. The use of water and other mists or sprays;

3. The use of blasts of air;

4. The use of electric shock;

5. The administration of chemical restraint to a person;

6. Requiring a person to obtain or maintain a physically extreme position, excluding physical restraint;

7. Requiring a person to perform exercise under forced conditions;

8. Any intervention, technique or procedure that deprives a person of the use of one or more of his senses, regardless of the length of the deprivation;

9. The deprivation of necessities needed to sustain the health of a person, regardless of the length of the deprivation;

10. The placement of a person alone in a room where release from the room is prohibited by a mechanism, including, without limitation, a lock, device or object positioned to hold the door closed or otherwise positioned to prevent the person from leaving the room;

11. The use of mechanical restraints on a person for purposes other than to provide proper body alignment to the person; or

12. The use of physical restraint.

Sec. 4. “Individualized education program” has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(A).

Sec. 5. “Individualized education program team” has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(B).

Sec. 6. 1. An aversive intervention may be used on a pupil with a disability only if:

(a) The use of the aversive intervention is part of an individualized plan for behavior modification designed for the pupil by an individualized education program team; and

(b) Less intrusive or restrictive interventions have failed to modify the behavior of the pupil or the behavior of the pupil is so severe that the use of the aversive intervention is in his best interest.

2. A person shall not use an aversive intervention on a pupil with a disability for the sole purpose of causing pain or discomfort to the pupil with a disability or for the convenience of the person using the aversive intervention.

Sec. 7. 1. The board of trustees of each county school district shall form a committee on behavior management, consisting of at least one:

(a) School psychologist;

(b) Parent of a pupil with a disability attending a school within the school district;

(d) Licensed teacher.

2. The committee on behavior management shall work in consultation with a behavioral psychologist.

Sec. 8. 1. The board of trustees of each county school district shall establish a plan for behavior management that identifies the policies and procedures for using, prohibiting and monitoring the use of techniques of behavior modification and behavior management, including the use of aversive interventions. The plan must include, without limitation, a procedure for reporting violations of the policies and procedures established by the plan.

2. The plan for behavior management must:

(a) Promote the use of positive techniques of behavior modification;

(b) Provide guidelines concerning the relative restrictiveness of a range of techniques of behavior modification, including aversive interventions;

(d) Specify the programmatic use of techniques of behavior modification, including aversive interventions;

(e) Prohibit the unauthorized use of techniques of behavior management, including aversive interventions; and

(f) Set forth a process for reviewing violations of the policies and procedures of the plan, and set forth corrective actions, including disciplinary actions for willful violations.

3. A plan for behavior management established pursuant to this section must be approved by the committee on behavior management established by the school district pursuant to section 7 of this act.

Sec. 9. For the use of techniques of behavior management as emergency interventions, a plan for behavior management established pursuant to section 8 of this act must:

1. Specify the situations in which techniques of behavior management may be used as emergency interventions. The use of techniques of behavior management in such situations must be related to the protection of the health and safety of:

(a) The pupil with a disability on whom the techniques are used; and

(b) The pupils, teachers and any other persons who are in the immediate vicinity.

2. Specify which techniques of behavior management may be used in each situation.

3. Specify which persons may authorize the application of techniques of behavior management as emergency interventions and which persons may apply such techniques.

4. Provide a procedure for the prompt reporting, in writing, of each incident in which techniques of behavior management are used as emergency interventions. Such reports must be made to the parents of the pupil with a disability on whom the techniques were used and to the person within the school district who is designated by the plan for behavior management to receive such reports.

5. Provide for the regular review of reports of the use of techniques of behavior management as emergency interventions, including:

(a) When applicable, the attachment to the reports of a statement indicating any actions determined to be necessary to correct inappropriate uses of any techniques of behavior management as emergency interventions.

(b) The creation and maintenance of a cumulative record of the uses of techniques of behavior management as emergency interventions. The cumulative record may include any categories useful in tracking the use of techniques of behavior management as emergency interventions, including, without limitation, the type and frequency of emergency interventions used per pupil, teacher, classroom or school.

(c) The submission of the cumulative reports, including the statement of any corrective actions, to the committee on behavior management for the school district not less often than quarterly.

(d) The submission of a report by the committee on behavior management to the board of trustees of the school district at least once each year, regarding the use of techniques of behavior management as emergency interventions within the school district. The report may include the recommendations of the committee for any changes in the policies or procedures, or both, of the plan for behavior management, relating to the use of such techniques as emergency interventions.

Sec. 10. For the programmatic use of techniques of behavior modification that would use aversive interventions on a pupil with a disability pursuant to an individualized plan for behavior modification designed for that pupil, a plan for behavior management established pursuant to section 8 of this act must:

1. Require that the target behavior to be modified be identified in the current individualized education program of the pupil;

2. Require that the current individualized education program of the pupil specify the reason that the target behavior must be modified;

3. Require that the current individualized education program of the pupil describe previous plans for behavior modification that have been applied to the target behavior and the results of those plans as applied;

4. Require that the current individualized education program team, including the parent of the pupil, recommend the use of the aversive intervention before it may be used to modify the target behavior of the pupil; and

5. Specify that the individualized plan for behavior modification using the aversive intervention for the pupil must:

(a) Be designed by a person qualified to design such a plan;

(b) Conform to the plan for behavior management approved by the committee on behavior management;

(d) Be monitored continuously, including requiring daily documentation of the response of the pupil with a disability to the plan;

(e) Be reviewed at least monthly by persons qualified to design or review such plans, and, if necessary, revised by the individualized education program team; and

(f) Be reauthorized by the individualized education program team at least quarterly.

Sec. 11. NRS 388.440 is hereby amended to read as follows:

388.440 As used in NRS 388.440 to 388.520, inclusive[:] , and sections 2 to 10, inclusive, of this act:

1. “Gifted and talented pupil” means a person under the age of 18 years who demonstrates such outstanding academic skills or aptitudes that he cannot progress effectively in a regular school program and therefore needs special instruction or special services.

2. “Pupil with a disability” means a person under the age of 22 years who deviates either educationally, physically, socially or emotionally so markedly from normal patterns that he cannot progress effectively in a regular school program and therefore needs special instruction or special services.

Sec. 12. Chapter 394 of NRS is hereby amended by adding thereto the provisions set forth as sections 13 to 22, inclusive, of this act.

Sec. 13. As used in sections 13 to 22, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 14 to 17, inclusive, of this act have the meanings ascribed to them in those sections.

Sec. 14. “Aversive intervention” means the intentional application of any of the following to reduce or modify a specific behavior:

1. The use of noxious odors and tastes;

2. The use of water and other mists or sprays;

3. The use of blasts of air;

4. The use of electric shock;

5. The administration of chemical restraint to a person;

6. Requiring a person to obtain or maintain a physically extreme position, excluding physical restraint;

7. Requiring a person to perform exercise under forced conditions;

8. Any intervention, technique or procedure that deprives a person of the use of one or more of his senses, regardless of the length of the deprivation;

9. The deprivation of necessities needed to sustain the health of a person, regardless of the length of the deprivation;

11. The use of mechanical restraints on a person for purposes other than to provide proper body alignment to the person; or

12. The use of physical restraint.

Sec. 15. “Individualized education program” has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(A).

Sec. 16. “Individualized education program team” has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(B).

Sec. 17. “Pupil with a disability” has the meaning ascribed to in NRS 388.440.

Sec. 18. 1. An aversive intervention may be used on a pupil with a disability only if:

(a) The use of the aversive intervention is part of an individualized plan for behavior modification designed for the pupil by an individualized education program team; and

Sec. 19. 1. The governing body of each private school shall form a committee on behavior management, consisting of at least one:

(a) School psychologist;

(b) Parent of a pupil with a disability attending the private school;

(d) Licensed teacher.

2. The committee on behavior management shall work in consultation with a behavioral psychologist.

Sec. 20. 1. The governing body of each private school shall establish a plan for behavior management that identifies the policies and procedures for using, prohibiting and monitoring the use of techniques of behavior modification and behavior management, including the use of aversive interventions. The plan must include, without limitation, a procedure for reporting violations of the policies and procedures established by the plan.

2. The plan for behavior management must:

(a) Promote the use of positive techniques of behavior modification;

(b) Provide guidelines concerning the relative restrictiveness of a range of techniques of behavior modification, including aversive interventions;

(d) Specify the programmatic use of techniques of behavior modifications, including aversive interventions;

(e) Prohibit the unauthorized use of techniques of behavior management, including aversive interventions; and

(f) Set forth a process for reviewing violations of the policies and procedures of the plan, and set forth corrective actions, including disciplinary actions for willful violations.

3. A plan for behavior management established pursuant to this section must be approved by the committee on behavior management established pursuant to section 19 of this act.

Sec. 21. For the use of techniques of behavior management as emergency interventions, a plan for behavior management established pursuant to section 20 of this act must:

(a) The pupil with a disability on whom the techniques are used; and

(b) The pupils, teachers and any other persons who are in the immediate vicinity.

2. Specify which techniques of behavior management may be used in each situation.

3. Specify which persons may authorize the application of techniques of behavior management as emergency interventions and which persons may apply such techniques.

4. Provide a procedure for the prompt reporting, in writing, of each incident in which techniques of behavior management are used as emergency interventions. Such reports must be made to the parents of the pupil with a disability on whom the techniques were used and to the person within the private school who is designated by the plan for behavior management to receive such reports.

5. Provide for the regular review of reports of the use of techniques of behavior management as emergency interventions, including:

(c) The submission of the cumulative reports, including the statement of any corrective actions, to the committee on behavior management for the private school not less often than quarterly.

(d) The submission of a report by the committee on behavior management to the governing body of the private school at least once each year, regarding the use of techniques of behavior management as emergency interventions at the private school. The report may include the recommendations of the committee for any changes in the policies or procedures, or both, of the plan for behavior management, relating to the use of such techniques as emergency interventions.

Sec. 22. For the programmatic use of techniques of behavior modification that would use aversive interventions on a pupil with a disability pursuant to an individualized plan for behavior modification designed for that pupil, a plan for behavior management established pursuant to section 20 of this act must: