THE ONE HUNDRED AND TENTH DAY

THE ONE HUNDRED AND TENTH DAY

Carson City (Friday), May 21, 1999

Assembly called to order at 10:59 a.m.

Mr. Speaker presiding.

Roll called.

All present except Assemblywomen Evans and Berman, who were excused.

Prayer by the Chaplain, Father Jerry Hanley.

God, our Creator, God of Abraham, Isaac and Jacob, Speaker Dini asked jokingly yesterday, O God, for a big blessing for this Assembly. I pray they received it. Bless the Speaker—a good man—and his wife, a good woman, who supports and cares for him. Give to this Assembly good people who care for and support them. They are the people, O God, but the people first were Yours. Treat them gently and with hope. Amen.

Pledge of allegiance to the Flag.

Assemblyman Lee 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.

MESSAGES FROM THE Senate

Senate Chamber, Carson City, May 20, 1999

To the Honorable the Assembly:

I have the honor to inform your honorable body that the Senate amended, and on this day passed, as amended, Assembly Bill No. 311, Amendment No. 803, and respectfully requests your honorable body to concur in said amendment.

Also, I have the honor to inform your honorable body that the Senate amended, and on this day passed, as amended, Assembly Bill No. 14, Amendment No. 821; Assembly Bill No. 109, Amendment Nos. 874, 1021; Assembly Bill No. 134, Amendment No. 924; Assembly Bill No. 239, Amendment No. 1042; Assembly Bill No. 258, Amendment No. 779; Assembly Bill No. 272, Amendment No. 994; Assembly Bill No. 283, Amendment No. 1004; Assembly Bill No. 297, Amendment No. 969; Assembly Bill No. 492, Amendment No. 996; Assembly Bill No. 515, Amendment No. 1050; Assembly Bill No. 536, Amendments Nos. 926, 1047; Assembly Bill No. 542, Amendment No. 997; Assembly Bill No. 615, Amendment No. 854; Assembly Bill No. 633, Amendment No. 877; Assembly Bill No. 634, Amendment No. 876; Assembly Bill No. 660, Amendment No. 998, and respectfully requests your honorable body to concur in said amendments.

Also, I have the honor to inform your honorable body that the Senate on this day adopted Assembly Concurrent Resolution No. 69.

Also, I have the honor to inform your honorable body that the Senate on this day passed Assembly Bill No. 457; Senate Bill No. 401.

Also, I have the honor to inform your honorable body that the Senate on this day concurred in the Assembly Amendment No. 791 to Senate Bill No. 32; Assembly Amendment No. 838 to Senate Bill No. 139; Assembly Amendment No. 921 to Senate Bill No. 194; Assembly Amendment No. 938 to Senate Bill No. 287; Assembly Amendment No. 909 to Senate Bill No. 341; Assembly Amendment No. 778 to Senate Bill No. 366; Assembly Amendment No. 849 to Senate Bill No. 408.

Also, I have the honor to inform your honorable body that the Senate on this day concurred in the Assembly Amendment No. 889 to Senate Bill No. 369.

Also, I have the honor to inform your honorable body that the Senate on this day respectfully refused to concur in the Assembly Amendment No. 738 to Senate Bill No. 369.

Also, I have the honor to inform your honorable body that the Senate on this day respectfully refused to concur in the Assembly Amendment No. 986 to Senate Bill No. 445.

Also, I have the honor to inform your honorable body that the Senate on this day respectfully refused to recede from its action on Assembly Bill No. 267, Senate Amendment No. 750, and requests a conference, and appointed Senators McGinness, Porter and Wiener as a first Conference Committee to meet with a like committee of the Assembly.

Also, I have the honor to inform your honorable body that the Senate on this day respectfully refused to recede from its action on Assembly Bill No. 617, Senate Amendment No. 842, and requests a conference, and appointed Senators Wiener, Care and Washington as a first Conference Committee to meet with a like committee of the Assembly.

Mary Jo Mongelli

Assistant Secretary of the Senate

UNFINISHED BUSINESS

Appointment of Conference Committees

Mr. Speaker appointed Assemblymen McClain, Brower and Ohrenschall as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Assembly Bill No. 267.

Mr. Speaker appointed Assemblymen Brower, Leslie and Manendo as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Assembly Bill No. 617.

MOTIONS, RESOLUTIONS AND NOTICES

By Assemblymen Cegavske, Anderson, Angle, Arberry, Bache, Beers, Berman, Brower, Buckley, Carpenter, Chowning, Claborn, Collins, de Braga, Dini, Evans, Freeman, Gibbons, Giunchigliani, Goldwater, Gustavson, Hettrick, Humke, Koivisto, Lee, Leslie, Manendo, Marvel, McClain, Mortenson, Neighbors, Nolan, Ohrenschall, Parks, Parnell, Perkins, Price, Segerblom, Thomas, Tiffany, Von Tobel and Williams; Senators Amodei, Care, Carlton, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O'Connell, O'Donnell, Porter, Raggio, Rawson, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener:

Assembly Concurrent Resolution No. 70—Commending Henry C. Hodges Sr. for his valuable contributions toward research and development in the field of vehicular transportation.

Whereas, Born in 1923, Henry C. Hodges Sr. was raised in a family whose father demanded an interest in science and whose mother demanded a love of animals and the West; and

Whereas, In 1929, the Hodges’ family pioneered the Jumping Horse Ranch in Montana and, at the age of 8 years, Henry Hodges began his career in vehicular mobility when he started his first trucking company on the ranch with three wheelbarrows, one of which was equipped with a pneumatic low pressure tire to make spring cleaning of the corrals easier; and

Whereas, World War II interrupted the collegiate career of Henry Hodges, but the invaluable experience he gained as a member of the 10th Mountain Division of the United States Army stimulated his interest in developing off-highway wheel and tracked vehicles to move infantrymen into combat; and

Whereas, From 1953 to 1957, Henry Hodges managed the Detroit Arsenal Test Operation of the United States Army at Camp Bullis, Texas, where he directed the testing and development of combat vehicles from jeeps to main battle tanks which required the establishment of controlled and repeatable test courses on beach heads, desert dunes, mountain trails and mud pits; and

Whereas, In 1957, the Detroit Arsenal Test Operation was closed, and the Texas test programs were transferred to Nevada where the Nevada Automotive Test Center was founded and where Henry Hodges and a four-man crew continued the essential U.S. Army wheel and track development tests which grew to include more than 60 employees by 1968; and

Whereas, Henry Hodges worked extensively with the military and the United States Forest Service on the use of Central Tire Inflation Systems, whereby tire pressures are reduced or increased from inside the vehicle based on the condition of the road being traversed to enhance tire traction, reduce road deterioration and diminish vehicle maintenance costs; and

Whereas, During the 1960s, Henry Hodges developed and implemented the methodology for testing the traction of tires on hard surfaces, soft soil and winter environments, and by using state-of-the-art recording instrumentation, he was able to measure and record for the first time a complete biaxial traction curve in these materials; and

Whereas, In the early 1970s, Henry Hodges developed Vehicle Dynamics Seminars, which teach students how a vehicle reacts during a tire blowout and how a person can control the situation, and these training classes, which are now promoted by the American Trucking Association, have included participants from law enforcement agencies, attorneys, and truck and school bus drivers from around the country; and

Whereas, By 1972, the ever-expanding Test Center had moved all of its testing to the state-of-the-art proving ground facility developed on the historic Break-A-Heart Ranch near Fort Churchill, Nevada, which currently employs more than 200 people; and

Whereas, In 1976, Henry Hodges built a Dynamic Force Measurement Vehicle that measures the forces acting on the vehicle and tire, and this vehicle proved to be the basis for a series of traction vehicles built to measure both road surfaces, and tire braking and traction in a variety of environments, including mud, snow, ice, and wet and dry pavement; and

Whereas, At the Nevada Automotive Test Center, Henry Hodges directed most of the original test and development efforts of the High Mobility Multipurpose Wheeled Vehicle which was built for the United States Army, and subsequent demonstrations of this vehicle, nicknamed the “Hummer” and other military and commercial vehicles brought many visitors to Nevada from other states and foreign countries; and

Whereas, In the 1990s, during Operations Desert Shield and Desert Storm, Henry Hodges worked extensively with the United States Army providing on-site advice and procedures to enhance the mobility and reliability of vehicles and tires for the troops in the field; and

Whereas, Henry Hodges was presented with the Commander’s Award for Public Service and a Certificate of Appreciation for Patriotic Civilian Service by the Department of the Army to commemorate the work he did for the United States Army; and

Whereas, Based on Henry Hodges’ technical expertise, the Nevada Automotive Test Center was able to develop the WesTrack project, an experimental road test facility, for the Federal Highway Administration at the proving ground in Nevada, including the longest research project on asphalt mixes in the world which has prompted visits to Nevada from thousands of pavement engineers from around the world; and

Whereas, The WesTrack project also led to the development of the driverless vehicle technology that has achieved more than 800,000 miles of heavy truck operation, all done by computer, which is the highest number of driverless vehicle operating miles ever achieved in the world; and

Whereas, Henry Hodges is one of the world’s leading experts in transportation research and development, including tire and vehicle testing for both governmental and private sector clients; and

Whereas, His Nevada Automotive Test Center is recognized for its commitment to providing unique, timely, creative, useful and cost-effective solutions with knowledge, excellence and integrity for transportation partners worldwide; now, therefore, be it

Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 70th session of the Nevada Legislature do hereby commend Henry C. Hodges Sr. for his achievements related to product integrity, performance and safety, his contributions to the field of transportation research and development, and his dedication and allegiance to his state and country; and be it further

Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Henry C. Hodges Sr.

Assemblywoman Cegavske moved the adoption of the resolution.

Remarks by Assemblymen Cegavske and Mr. Speaker.

Assemblyman Perkins requested that the following remarks be entered in the Journal.

Assemblywoman Cegavske:

Thank you, Mr. Speaker. It is my pleasure to add a few more comments to what the Chief Clerk has already stated about Henry Hodges. He is a giant in the field of transportation research and development. His presence in Nevada was first felt when he operated Hodges Transportation, Inc. and Nevada Automotive Test Center in the early 60’s from some small offices on North Plaza Street—across from the old V&T maintenance shop in Carson City. In fact, the old shop was temporarily used as a storage and maintenance facility for the Hodges’ fleet of test vehicles.

Mr. Hodges has developed a testing facility in Nevada that is known world wide. Starting from tire testing it grew into a professional engineering facility where there has yet to be any limitations on vehicle testing. All of this work now is done at proving grounds located at the Break-A-Heart Ranch on Old Fort Churchill Road.

From ordinary passenger cars to giant trucks, private and military, the hand of Henry Hodges has touched virtually all of them.

Making our world a better place through real time, scientific accurate testing is what Mr. Hodges is all about. He is a leader in his field and Nevada owes him a huge debt of gratitude for his genius, creativity, innovation, hard work and dedication to a very demanding profession. The tribute paid to Henry Hodges today reflects the giant admiration and respect Nevada has for this outstanding citizen. Thank you, Mr. Speaker.

Mr. Speaker requested the privilege of the Chair for the purpose of making the following remarks:

Ms. Cegavske stole my constituents. We are very proud of the company. It has been operating in Lyon County for all these years. It’s a major employer in the county. The service they have done our nation in testing for the military and for our domestic car dealers and car companies has been tremendous. It is a little company you don’t hear about but the effects are significant and are felt world wide. They are just a wonderful family of God fearing Americans who believe in our country and the free enterprise system. I’ve always been privileged to know them and to have been able to represent them here at the legislature. We welcome you here and hope we have given you just a little bit of praise for a great job you have done for our nation.

Resolution adopted unanimously.

Assemblywoman Cegavske moved that all rules be suspended and that Assembly Concurrent Resolution No. 70 be immediately transmitted to the Senate.

Motion carried unanimously.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblywoman Giunchigliani moved that Senate Bill No. 152 be taken from the Chief Clerk's desk and placed at the top of the General File.

Remarks by Assemblywoman Giunchigliani.

Motion carried.

Assemblywoman Giunchigliani moved that Senate Bill No. 391 be taken from its position on the General File and placed at the top of the General File.

Remarks by Assemblywoman Giunchigliani.

Motion carried.

Assemblyman Bache moved that Senate Bill No. 125 be taken from the Chief Clerk's desk and placed on the General File.

Remarks by Assemblyman Bache.

Motion carried.

Assemblyman Bache moved that Senate Bill No. 470 be taken from the Chief Clerk's desk and placed on the General File.

Remarks by Assemblyman Bache.

Motion carried.

Assemblyman Bache moved that Senate Bill No. 473 be taken from the Chief Clerk's desk and placed on the General File.

Remarks by Assemblyman Bache.

Motion carried.

Assemblyman Perkins moved that Senate Bill No. 387 be taken from the Chief Clerk's desk and placed on the General File.

Remarks by Assemblyman Perkins.

Motion carried.

Assemblyman Goldwater moved that Senate Bill No. 477 be taken from the General File and placed on the Chief Clerk's desk.

Remarks by Assemblyman Goldwater.

Motion carried.

REPORTS OF COMMITTEES

Mr. Speaker:

Your Committee on Taxation, to which were referred Senate Bills Nos. 362, 428, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

David E. Goldwater, Chairman

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Perkins moved that Senate Bills Nos. 362 and 428 be placed on the Second Reading File

Motion carried.

By Assemblymen Dini, Hettrick, Anderson, Angle, Arberry, Bache, Beers, Berman, Brower, Buckley, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Evans, Freeman, Gibbons, Giunchigliani, Goldwater, Gustavson, Humke, Koivisto, Lee, Leslie, Manendo, Marvel, McClain, Mortenson, Neighbors, Nolan, Ohrenschall, Parks, Parnell, Perkins, Price, Segerblom, Thomas, Tiffany, Von Tobel and Williams; Senators Raggio, Titus, Amodei, Care, Carlton, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O'Connell, O'Donnell, Porter, Rawson, Rhoads, Schneider, Shaffer, Townsend, Washington and Wiener:

Assembly Concurrent Resolution No. 71—Providing for the compensation of the clergy for services rendered to the Assembly and the Senate during the 70th session of the Nevada Legislature.

Whereas, The members of the 70th session of the Nevada Legislature have been sincerely appreciative of the daily religious services rendered by members of the clergy representing various denominations; and

Whereas, The invocations offered by the clergy provided inspiration and guidance for the members of the Nevada Legislature as they faced the challenges and demands of the 70th session; and

Whereas, A reasonable compensation should be provided for the clergy who performed such services; now, therefore, be it

Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the State Controller is authorized and directed to pay the sum of $35 per service out of the legislative fund to the members of the clergy who have performed religious services for the Assembly and the Senate during the 70th session of the Nevada Legislature.

Assemblyman Perkins moved the adoption of the resolution.

Remarks by Assemblyman Perkins.

Resolution adopted unanimously.

INTRODUCTION, FIRST READING AND REFERENCE

Senate Bill No. 401.

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

Motion carried.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Perkins moved that the reading of the history on all bills on the Second Reading File and the General File be dispensed with for this legislative day.

Motion carried.

SECOND READING AND AMENDMENT

Senate Bill No. 362.

Bill read second time.

The following amendment was proposed by the Committee on Taxation:

Amendment No. 945.

Amend sec. 2, page 1, line 3, after “conducted” by inserting:

“by the department”.

Amend sec. 3.5, page 2, by deleting line 16 and inserting:

“carry out the provisions of NRS 360.294 and 360.417.”.

Amend sec. 13, page 11, by deleting line 29 and inserting:

“City, [Nevada.] the county of this state where the property owner resides or maintains his principal place of business or a county in which any relevant proceedings were conducted by the department.”.

Amend the bill as a whole by deleting sec. 17 and adding:

“Sec. 17. (Deleted by amendment.)”.

Amend sec. 23, page 17, line 22, by deleting:

“or Clark County” and inserting:

“[or Clark County], the county of this state where the claimant resides or maintains his principal place of business or a county in which any relevant proceedings were conducted by the department,”.

Amend sec. 26, page 18, lines 25 and 26 by deleting:

“City or Clark County” and inserting:

“City , the county of this state where the dealer resides or maintains his principal place of business or a county in which any relevant proceedings were conducted by the department,”.

Amend the bill as a whole by deleting sections 28 through 30 and adding:

“Secs. 28-30. (Deleted by amendment.)”.

Amend sec. 33, page 21, line 26, by deleting:

“or Clark County” and inserting:

“, the county of this state where the claimant resides or maintains his principal place of business or a county in which any relevant proceedings were conducted by the department,”.

Amend sec. 41, page 25, line 39, by deleting:

“or Clark County” and inserting:

“, the county of this state where the claimant resides or maintains his principal place of business or a county in which any relevant proceedings were conducted by the department,”.

Amend the bill as a whole by adding new sections designated sections 53.2 through 53.8, following sec. 53, to read as follows:

“Sec. 53.2. Section 17 of Assembly Bill No. 375 of this session is hereby amended to read as follows:

Sec. 17. NRS 361.570 is hereby amended to read as follows:

361.570 1. Pursuant to the notice given as provided in NRS 361.5648 and 361.565 and at the time stated in the notice, the tax receiver shall make out [his certificate authorizing] a certificate that describes each property on which delinquent taxes have not been paid. The certificate authorizes the county treasurer, as trustee for the state and county, to hold [the] each property described in the [notice] certificate for the period of 2 years after the first Monday in June of the year the certificate is dated, unless sooner redeemed.

2. The certificate must specify:

(a) The amount of delinquency[,] on each property, including the amount and year of assessment;

(b) The taxes , and the penalties and costs added thereto, on each property, and that, except as otherwise provided in NRS 360.320 and section 2 of Senate Bill No. 362 of this [act,] session, interest on the taxes will be added at the rate of 10 percent per annum from the date due until paid; and

3. The certificate must state, and it is hereby provided:

(a) That [the] each property described in the certificate may be redeemed within 2 years after [its date;] the date of the certificate; and

(b) That[, if not redeemed,] the title to [the] each property not redeemed vests in the county for the benefit of the state and county.

4. Until the expiration of the period of redemption, [the] each property held pursuant to the certificate must be assessed annually to the county treasurer as trustee, and before the owner or his successor redeems the property, he shall also pay the county treasurer holding the certificate any additional taxes assessed and accrued against the property after the date of the certificate, together with [the] interest on the taxes at the rate of 10 percent per annum from the date due until paid, unless otherwise provided in NRS 360.320 or section 2 of [this act.

5. The] Senate Bill No. 362 of this session.

5. A county treasurer shall take [certificates] a certificate issued to him [under the provisions of] pursuant to this section. The county treasurer may cause the certificate to be recorded in the office of the county recorder against each property described in the certificate to provide constructive notice of the amount of delinquent taxes on each property respectively. The certificate reflects the amount of delinquent taxes due on the properties described in the certificate on the date on which the certificate was recorded, and the certificate need not be amended subsequently to indicate the repayment of any of those delinquent taxes. The recording of the certificate does not affect the statutory lien for taxes provided in NRS 361.450.

Sec. 53.4. Section 48 of Assembly Bill No. 584 of this session is hereby amended to read as follows:

Sec. 48. NRS 360.417 is hereby amended to read as follows:

360.417 Except as otherwise provided in NRS 360.320 and section 2 of Senate Bill No. 362 of this [act,] session, and unless a different penalty or rate of interest is specifically provided by statute, any person who fails to pay any tax provided for in chapter 362, 364A, [365,] 369, 370, 372, [373,] 374, 377, 377A, 444A or 585 of NRS, or the fee provided for in NRS 482.313 , [or 590.700 to 590.920, inclusive,] to the state or a county within the time required, shall pay a penalty of not more than 10 percent of the amount of the tax or fee which is owed, as determined by the department, in addition to the tax or fee, plus interest at the rate of 1 percent per month, or fraction of a month, from the last day of the month following the period for which the amount or any portion of the amount should have been reported until the date of payment. The amount of any penalty imposed must be based on a graduated schedule adopted by the Nevada tax commission which takes into consideration the length of time the tax or fee remained unpaid.

Sec. 53.6. Section 87 of Assembly Bill No. 584 of this session is hereby amended to read as follows:

Sec. 87. NRS 365.310 is hereby amended to read as follows:

365.310 1. The department may suspend, cancel or revoke the license of any dealer or supplier refusing or neglecting to comply with the provisions of this chapter.

2. If a dealer or supplier becomes delinquent in the payment of excise taxes as prescribed by this chapter to the extent that his liability exceeds the total amount of the bond or bonds furnished by the dealer[,] or supplier, the department shall suspend his license immediately.

3. Before revoking or canceling any license issued under this chapter, the department shall send a notice by registered or certified mail to the dealer or supplier at his last known address. The notice must order the dealer or supplier to show cause why his license should not be revoked by appearing before the department at Carson City, Nevada, or such other place in this state as may be designated by the department, at a time not less than 10 days after the mailing of the notice. The department shall allow the dealer or supplier an opportunity to be heard in pursuance of [such] the notice, and thereafter the department may revoke or cancel his license.

Sec. 53.8. 1. Notwithstanding the provisions of NRS 365.470, if a person properly files an appeal with the Nevada tax commission pursuant to NRS 365.460 before January 1, 2002, and the commission fails to render a final decision on the appeal before that date, the person may commence an action against the state treasurer pursuant to NRS 365.460 not later than:

(a) April 1, 2002; or

(b) Ninety days after the last day prescribed for the payment of the excise tax without a penalty,

whichever occurs last.

2. The provisions of subsection 4 of section 54 of this act do not affect any actions commenced before January 1, 2002, against the state treasurer pursuant to NRS 365.460.”.

Amend sec. 54, page 30, line 8, by deleting “53,” and inserting “53.8,”.

Amend sec. 54, page 30, after line 12, by inserting:

“4. Sections 26 and 27 of this act expire by limitation on December 31, 2001.”.

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

“department of taxation to the Nevada tax commission; requiring the commission to adopt certain regulations; expanding the Taxpayers’ Bill of Rights; increasing the amount of taxes, penalties and interest that may be waived if a taxpayer has relied to his detriment on the advice of the department; authorizing certain actions relating to the payment of taxes to be brought in various counties; and”.

Assemblyman Goldwater moved the adoption of the amendment.

Remarks by Assemblyman Goldwater.

Amendment adopted.

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

Senate Bill No. 428.

Bill read second time.

The following amendment was proposed by the Committee on Taxation:

Amendment No. 1116.

Amend section 1, page 1, line 2, by deleting “7,” and inserting “8,”.

Amend the bill as a whole by renumbering sections 2 through 11 as sections 3 through 12 and adding a new section designated sec. 2, following section 1, to read as follows:

“Sec. 2. As used in this chapter, “case of wine” means 12 bottles each containing 750 milliliters of wine or an amount equal to that volume of wine.”.

Amend sec. 3, page 1, line 9, by deleting “100” and inserting “25”.

Amend sec. 6, page 2, line 12, before “A” by inserting “1.”.

Amend sec. 6, page 2, line 14, by deleting “1.” and inserting “(a)”.

Amend sec. 6, page 2, line 16, by deleting “2.” and inserting “(b)”.

Amend sec. 6, page 2, between lines 17 and 18, by inserting:

“2. As used in this section, “supplier” means the brewer, distiller, manufacturer, producer, vintner or bottler of liquor.”.

Amend sec. 7, page 2, line 18, before “A” by inserting “1.”.

Amend sec. 7, page 2, line 19, by deleting “1.” and inserting “(a)”.

Amend sec. 7, page 2, line 21, by deleting “2.” and inserting “(b)”.

Amend sec. 7, page 2, between lines 22 and 23, by inserting:

“2. As used in this section, “supplier” means the brewer, distiller, manufacturer, producer, vintner or bottler of liquor.”.

Amend sec. 8, page 2, line 33, by deleting:

“2 to 7,” and inserting:

“3 to 8,”.

Amend sec. 9, page 2, line 36, by deleting “3” and inserting “4”.

Amend sec. 10, page 3, line 21, by deleting “The” and inserting:

“[The]Except as otherwise provided in subsection 3, the”.

Amend sec. 10, page 3, line 32, after “3.” by inserting:

“The provisions of subsection 2 do not apply to a supplier, wholesaler or retailer while he is acting in his professional capacity.

4.”.

Amend sec. 11, page 3, line 35, by deleting:

“October 1, 1999.” and inserting:

“the effective date of this act.”.

Amend the bill as a whole by adding a new section designated sec. 12, following sec. 11, to read as follows:

“Sec. 12. This act becomes effective upon passage and approval.”.

Assemblyman Goldwater moved the adoption of the amendment.

Remarks by Assemblyman Goldwater.

Amendment adopted.

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

REPORTS OF COMMITTEES

Mr. Speaker:

Your Committee on Taxation, to which was referred Senate Bill No. 521, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

David E. Goldwater, Chairman

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Perkins moved that Senate Bill No. 521 be placed on the Second Reading File.

Motion carried.

SECOND READING AND AMENDMENT

Senate Bill No. 521.

Bill read second time.

The following amendment was proposed by the Committee on Taxation:

Amendment No. 1087.

Amend sec. 2, pages 1 and 2, by deleting lines 7through 20 on page 1 and lines 1 through 7 on page 2, and inserting:

“The discounted admission fee for residents must be offered at any time the exhibition is open to the public and admission fees are being charged.

2. Except as otherwise provided in subsection 5, if a taxpayer collects a fee for the exhibition of fine art otherwise exempt from taxation pursuant to NRS 361.068, the exemption pertaining to that fine art for the fiscal year must be reduced by the net revenue derived by the taxpayer for that fiscal year. The exemption pertaining to fine art for a particular fiscal year must not be reduced below zero, regardless of the amount of the net revenue derived by the taxpayer for that fiscal year.”.

Amend sec. 2, page 2, line 8, by deleting “4.” and inserting “3.”.

Amend sec. 2, page 2, between lines 13 and 14, by inserting:

“4. A taxpayer who is required to pay a tax resulting from the operation of this section may receive a credit against the tax for any donations made by the taxpayer to the state arts council, the division of museums and history dedicated trust fund established pursuant to NRS 381.0031, a museum that provides exhibits specifically related to nature or a museum that provides exhibits specifically related to children, if the taxpayer:

(a) Made the donation before the date that either statement required pursuant to subsection 3 is due; and

(b) Provides to the county assessor documentation of the donation at the time that he files the statement required pursuant to subsection 3.

5. If a taxpayer qualifies for and avails himself of both of the exemptions from taxation provided by NRS 361.068 and 374.291, the reduction of the exemptions by the net revenue derived by the taxpayer, as required pursuant to subsection 2 of this section and subsection 2 of section 6 of this act, must be carried out in such a manner that the total net revenue derived by the taxpayer is first applied to reduce the exemption provided pursuant to NRS 374.291. If the net revenue exceeds the amount of the exemption provided pursuant to NRS 374.291, the remaining net revenue must be applied to reduce the exemption provided pursuant to NRS 361.068. If the net revenue is less than or equal to the exemption provided pursuant to NRS 374.291 for that fiscal year, the exemption provided pursuant to NRS 361.068 must not be reduced.

6. For the purposes of this section:

(a) “Direct costs of owning and exhibiting the fine art” does not include any allocation of the general and administrative expense of a business or organization that conducts activities in addition to the operation of the facility in which the fine art is displayed, including, without limitation, an allocation of the salary and benefits of a senior executive who is responsible for the oversight of the facility in which the fine art is displayed and who has substantial responsibilities related to the other activities of the business or organization.

(b) “Net revenue” means the amount of the fees collected for exhibiting the fine art during that fiscal year less the following paid or made during that fiscal year:

(1) The direct costs of owning and exhibiting the fine art; and

(2) The cost of educational programs associated with the taxpayer’s public display of fine art, including the cost of meeting the requirements of sub-subparagraph (IV) of subparagraph (1) of paragraph (b) of subsection 5 of NRS 361.068.”.

Amend sec. 4, page 3, line 2, by deleting “shall, on” and inserting:

“shall [, on] :

(a) On”.

Amend sec. 4, page 3, line 11, by deleting “5.” and inserting:

“5; and

(b) During any fiscal year in which he claims the exemption, make available for educational purposes and not for resale, upon written request and without charge to any public school as defined in NRS 385.007, private school as defined in NRS 394.103 and parent of a child who receives instruction in a home pursuant to NRS 392.070, one copy of a poster depicting the fine art that the facility has on public display if such a poster is available for purchase by the public at the time of the request.”.

Amend sec. 4, page 3, by deleting line 25 and inserting:

“(b) “Fine art for public display” :

(1) Except as otherwise provided in subparagraph (2), means a work of art which:”.

Amend sec. 4, page 3, line 26, by deleting “(1)” and inserting “[(1)] (I)”.

Amend sec. 4, page 3, line 30, by deleting “(2)” and inserting “[(2)] (II)”.

Amend sec. 4, page 3, line 32, by deleting “(3)” and inserting “[(3)] (III)”.

Amend sec. 4, page 4, line 1, by deleting “(4)” and inserting “[(4)] (IV)”.

Amend sec. 4, page 4, line 3, by deleting “20” and inserting “60”.

Amend sec. 4, page 4, line 5, by deleting “charge.” and inserting:

“charge; and

(2) Does not include:

(I) A work of fine art that is a fixture or an improvement to real property;

(II) A work of fine art that constitutes a copy of an original work of fine art, unless the work is a lithograph that is a limited edition and that is signed and numbered by the artist;

(III) Products of filmmaking or photography, including, without limitation, motion pictures;

(IV) Literary works;

(V) Property used in the performing arts, including, without limitation, scenery or props for a stage; or

(VI) Property that was created for a functional use other than, or in addition to, its aesthetic qualities, including, without limitation, a classic or custom-built automobile or boat, a sign that advertises a business, and custom or antique furniture, lamps, chandeliers, jewelry, mirrors, doors or windows.”.

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

“(1) Meets the requirements of sub-subparagraphs (I) and (II) of subparagraph (1) of”.

Amend sec. 4, page 4, between lines 14 and 15, by inserting:

“(d) “Public display” means the display of a work of fine art where members of the public have access to the work of fine art for viewing during publicly advertised hours. The term does not include the display of a work of fine art in an area where the public does not generally have access, including, without limitation, a private office, hallway or meeting room of a business, a room of a business used for private lodging and a private residence.

(e) “Pupil” means a person who:

(1) Is enrolled for the current academic year in a public school as defined in NRS 385.007 or a private school as defined in NRS 394.103; or

(2) Receives instruction in a home and is excused from compulsory attendance pursuant to NRS 392.070.

(f) “Student” means a person who is enrolled for the current academic year in:

(1) A community college or university; or

(2) A licensed postsecondary educational institution as defined in NRS 394.099 and a course concerning fine art.”.

Amend sec. 5, page 4, line 39, by deleting “shall, on” and inserting:

“shall [, on] :

(a) On”.

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

“4; and

Amend sec. 5, page 5, by deleting line 10 and inserting:

“(b) “Fine art for public display” :

(1) Except as otherwise provided in subparagraph (2), means a work of art which:”.

Amend sec. 5, page 5, line 11, by deleting “(1)” and inserting “[(1)] (I)”.

Amend sec. 5, page 5, line 15, by deleting “(2)” and inserting “[(2)] (II)”.

Amend sec. 5, page 5, line 17, by deleting “(3)” and inserting “[(3)] (III)”.

Amend sec. 5, page 5, line 28, by deleting “(4)” and inserting “[(4)] (IV)”.

Amend sec. 5, page 5, line 30, by deleting “20” and inserting “60”.

Amend sec. 5, page 5, line 32, by deleting “charge.” and inserting:

“charge; and

(2) Does not include:

(I) A work of fine art that is a fixture or an improvement to real property;

(II) A work of fine art that constitutes a copy of an original work of fine art, unless the work is a lithograph that is a limited edition and that is signed and numbered by the artist;

(III) Products of filmmaking or photography, including, without limitation, motion pictures;

(IV) Literary works;

(V) Property used in the performing arts, including, without limitation, scenery or props for a stage; or

Amend sec. 5, page 5, by deleting line 35 and inserting:

“(1) Meets the requirements of sub-subparagraphs (I) and (II) of subparagraph (1) of”.

Amend sec. 5, page 5, after line 41, by inserting:

(e) “Pupil” means a person who:

(1) Is enrolled for the current academic year in a public school as defined in NRS 385.007 or a private school as defined in NRS 394.103; or

(2) Receives instruction in a home and is excused from compulsory attendance pursuant to NRS 392.070.

(f) “Student” means a person who is enrolled for the current academic year in:

(1) A community college or university; or

(2) A licensed postsecondary educational institution as defined in NRS 394.099 and a course concerning fine art.”.

Amend sec. 6, page 6, by deleting lines 7 through 17 and inserting:

“charged to nonresidents. The discounted admission fee for residents must be offered at any time the exhibition is open to the public and admission fees are being charged.

2. If a taxpayer collects a fee for the exhibition of fine art otherwise exempt from taxation on its sale, storage, use or other consumption pursuant to NRS 374.291 and the fee is collected during the first full fiscal year after the purchase of the fine art, the exemption pertaining to that fine art must be reduced by the net revenue derived by the taxpayer for that first full fiscal year. The exemption pertaining to fine art must not be reduced below zero, regardless of the amount of the net revenue derived by the taxpayer for that first full fiscal year.”.

Amend sec. 6, page 6, line 21, by deleting “calendar” and inserting “fiscal”.

Amend sec. 6, page 6, line 24, by deleting “calendar” and inserting “fiscal”.

Amend sec. 6, page 6, by deleting line 26and inserting:

(a) Made the donation before the date that either return required pursuant to subsection 3 is due; and

(b) Provides the department documentation of the donation at the time that he files the return required pursuant to subsection 3.

5. For the purposes of this section:

(b) “Net revenue” means the amount”.

Amend sec. 6, page 6, line 27, by deleting “calendar” and inserting “fiscal”.

Amend sec. 6, page 6, line 28, by deleting “calendar” and inserting “fiscal”.

Amend sec. 6, page 6, by deletingline 29and inserting:

“(1) The direct costs of owning and exhibiting the fine art; and”.

Amend sec. 6, page 6, by deleting lines30 and 31.

Amend sec. 6, page 6, line 32, by deleting “(c)” and inserting “(2)”.

Amend sec. 6, page 6, by deleting lines 34 through 37 and inserting:

“of paragraph (d) of subsection 4 of NRS 374.291.”.

Amend sec. 7, page7, by deleting line 1 and inserting:

“(a) Meets the requirements of subparagraphs (1) and (2) of paragraph (a) of subsection 4”.

Amend sec. 9, page 7, by deleting line 27and inserting:

“(a) Meets the requirements of subparagraphs (1) and (2) of paragraph (a) of subsection 4”.

Amend sec. 10, page8, line 1,by deleting “3” and inserting “4”.

Amend sec. 10, page 8, line 3,by deleting:

“paragraph (c) of subsection 3” and inserting:

“paragraphs (c) and (d) of subsection 4”.

Amend sec. 10, page 8, by deleting line 5and inserting:

“3. During the first full fiscal year following the purchase of fine art for which a taxpayer receives the exemption provided in this section, make available, upon written request and without charge to any public school as defined in NRS 385.007, private school as defined in NRS 394.103 and parent of a child who receives instruction in a home pursuant to NRS 392.070, one copy of a poster depicting the fine art that the facility has on public display and that the facility makes available for purchase by the public at the time of the request.

4. As used in this section [, “fine] :

(a) “Fine art for public display” :

(1) Except as otherwise provided in subparagraph (2), means a work of”.

Amend sec. 10, page 8, line 7, by deleting “(a)” and inserting “[(a)](I)”.

Amend sec. 10, page 8, line 11, by deleting “(b)” and inserting “[(b)](II)”.

Amend sec. 10, page 8, line 13, by deleting “(c)” and inserting “[(c)] (III)”.

Amend sec. 10, page 8, line 22, by deleting “calendar” and inserting “fiscal”.

Amend sec. 10, page 8, line 25, by deleting “(d)” and inserting “[(d)] (IV)”.

Amend sec. 10, page 8, by deleting line 27 and inserting:

“least 60 days of the first full fiscal year after the purchase of the fine”.

Amend sec. 10, page 8, line 29, by deleting “charge.” and inserting:

“charge; and

(2) Does not include:

(I) A work of fine art that is a fixture or an improvement to real property;

(II) Materials purchased by an artist for consumption in the production of a work of art that is to be a fixture or an improvement to real property;

(III) A work of fine art that constitutes a copy of an original work of fine art, unless the work is a lithograph that is a limited edition and that is signed and numbered by the artist;

(IV) Products of filmmaking or photography, including, without limitation, motion pictures;

(V) Literary works;

(VI) Property used in the performing arts, including, without limitation, scenery or props for a stage; or

(VII) Property that was created for a functional use other than, or in addition to, its aesthetic qualities, including, without limitation, a classic or custom-built automobile or boat, a sign that advertises a business, and custom or antique furniture, lamps, chandeliers, jewelry, mirrors, doors or windows.

(b) “Public display” means the display of a work of fine art where members of the public have access to the work of fine art for viewing during publicly advertised hours. The term does not include the display of a work of fine art in an area where the public does not generally have access, including, without limitation, a private office, hallway or meeting room of a business, a room of a business used for private lodging and a private residence.

(1) Is enrolled for the current academic year in a public school as defined in NRS 385.007 or a private school as defined in NRS 394.103; or

(2) Receives instruction in a home and is excused from compulsory attendance pursuant to NRS 392.070.

(d) “Student” means a person who is enrolled for the current academic year in:

(1) A community college or university; or

(2) A licensed postsecondary educational institution as defined in NRS 394.099 and a course concerning fine art.”.

Assemblyman Goldwater moved the adoption of the amendment.

Remarks by Assemblymen Goldwater and Collins.

Amendment adopted.

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

general file and third reading

Senate Bill No. 391.

Bill read third time.

The following amendment was proposed by Assemblymen Bache, Giunchigliani and Tiffany:

Amendment No. 1110.

Amend sec. 13.3, page 5, by deleting lines 22 through 37 and inserting:

“(a) Residential facility for groups.

(b) Home for individual residential care.”.

Amend sec. 13.3, page 6, by deleting lines 26 through 29 and inserting:

“If, on or after October 1, 1999, a subsequent application is submitted to operate an additional residential facility for groups at a location that is within 660 feet from an existing residential facility for”.

Amend sec. 13.3, page 6, by deleting lines 40 through 43 and inserting:

“5. The governing body of a county or city shall not require a special use permit for a residential facility for groups.”.

Assemblywoman Giunchigliani moved the adoption of the amendment.

Remarks by Assemblywoman Giunchigliani.

Amendment adopted.

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

Senate Bill No. 152.

Bill read third time.

The following amendment was proposed by Assemblymen Giunchigliani and Perkins:

Amendment No. 1107.

Amend the bill as a whole by renumbering section 1 as sec. 1.5 and adding a new section designated section 1, following the enacting clause, to read as follows:

“Section 1. Chapter 483 of NRS is hereby amended by adding thereto a new section to read as follows:

For the purposes of NRS 483.908 and 483.922, “actual physical control of a commercial motor vehicle” must be determined based upon:

1. Where and in what position the person was found in the commercial motor vehicle;

2. Whether the engine of the commercial motor vehicle in which the person was found was running;

3. Whether the person was found awake or asleep in the front seat of the commercial motor vehicle;

4. If the person was apprehended at night, whether the lights of the commercial motor vehicle in which he was found were on; and

5. Whether the person was trying to move the commercial motor vehicle at the time he was found.”.

Amend the bill as a whole by adding a new section designated sec. 4.5, following sec. 4, to read as follows:

“Sec. 4.5. NRS 483.908 is hereby amended to read as follows:

483.908 The department shall adopt regulations:

1. Providing for the issuance, expiration, renewal, suspension, revocation and reinstatement of commercial drivers’ licenses;

2. Providing the same exemptions allowed pursuant to federal regulations for farmers, fire fighters, military personnel or any other class of operators or vehicles for which exemptions are authorized by federal law or regulations;

3. Specifying the violations which constitute grounds for disqualification from driving a commercial motor vehicle and the penalties associated with each violation;

4. Setting forth a schedule of various alcohol concentrations and the penalties which must be imposed if those concentrations are detected in the breath, blood, urine or other bodily substances of a person who is driving, operating or is in actual physical control of a commercial motor vehicle; and

5. Necessary to enable it to carry out the provisions of NRS 483.900 to 483.940, inclusive.

The department shall not adopt regulations which are more restrictive than the federal regulations adopted pursuant to the Commercial Motor Vehicle Safety Act of 1986, 49 U.S.C. §§ [2701-2716.] 31301-05 and 31308-17.”.

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. Chapter 484 of NRS is hereby amended by adding thereto a new section to read as follows:

For the purposes of NRS 484.379 to 484.3947, inclusive, “actual physical control of a vehicle” must be determined based upon:

1. Where and in what position the person was found in the vehicle;

2. Whether the engine of the vehicle in which the person was found was running;

3. Whether the person was found awake or asleep in the front seat of the vehicle;

4. If the person was apprehended at night, whether the lights of the vehicle in which he was found were on; and

5. Whether the person was trying to move the vehicle at the time he was found.”.

Amend the bill as a whole by adding a new section designated sec. 24.5, following sec. 24, to read as follows:

“Sec. 24.5. NRS 484.448 is here by amended to read as follows:

484.448 1. It is unlawful for a person to drink an alcoholic beverage while he is driving or in actual physical control of a motor vehicle upon a highway.

2. Except as otherwise provided in this subsection, it is unlawful for a person to have an open container of an alcoholic beverage within the passenger area of a motor vehicle while the motor vehicle is upon a highway. This subsection does not apply to a motor vehicle which is designed, maintained or used primarily for the transportation of persons for compensation, or to the living quarters of a house coach or house trailer.

3. For the purposes of this section, “actual physical control of a vehicle” must be determined in the manner set forth in section 5.5 of this act.

4. As used in this section:

(a) “Alcoholic beverage” has the meaning ascribed to it in NRS 202.015.

(b) “Open container” means a container which has been opened or the seal of which has been broken.

Amend sec. 25, page 17, between lines 32 and 33 by inserting:

“3. For the purposes of this section, “actual physical control of a motor vehicle” must be determined in the manner set forth in section 5.5 of this act.”.

Amend the bill as a whole by adding a new section designated sec. 25.5, following sec. 25, to read as follows:

“Sec. 25.5. Chapter 488 of NRS is hereby amended by adding thereto a new section to read as follows:

For the purposes of NRS 488.400 to 488.520, inclusive, “actual physical control of a vessel” must be determined based upon:

1. Where and in what position the person was found in the vessel;

2. Whether the engine of the vessel in which the person was found was running;

3. Whether the person was found awake or asleep in the front seat of the vessel;

4. If the person was apprehended at night, whether the lights of the vessel in which he was found were on; and

5. Whether the person was trying to move the vessel at the time he was found.”.

Amend the bill as a whole by adding a new section designated sec. 38.5, following sec. 38, to read as follows:

“Sec. 38.5. NRS 50.325 is hereby amended to read as follows:

50.325 1. If a person is charged with an offense punishable pursuant to chapter 453, 484 or 488 of NRS or homicide resulting from driving, operating or being in actual physical control of a vehicle or a vessel under power or sail while under the influence of intoxicating liquor, a controlled substance or a chemical, poison or organic solvent, and it is necessary to prove:

(a) The existence of any alcohol;

(b) The quantity of a controlled substance; or

the prosecuting attorney may request that the affidavit or declaration of an expert or other person described in NRS 50.315 and 50.320 be admitted into evidence at the trial or preliminary hearing concerning the offense. Except as otherwise provided in NRS 50.315 and 50.320, the affidavit or declaration must be admitted into evidence.

2. If the request is to have the affidavit or declaration admitted into evidence at a preliminary hearing or hearing before a grand jury, the affidavit or declaration must be admitted into evidence upon submission. If the request is to have the affidavit or declaration admitted into evidence at trial, the request must be:

(a) Made at least 10 days before the date set for the trial;

(b) Sent to the defendant’s counsel and to the defendant, by registered or certified mail by the prosecuting attorney; and

(c) Accompanied by a copy of the affidavit or declaration and the name, address and telephone number of the affiant or declarant.

3. The provisions of this section do not prohibit either party from producing any witness to offer testimony at trial.

4. For the purposes of this section, “actual physical control of a vehicle or a vessel” must be determined in the manner set forth in section 5.5 or 25.5 of this act, as applicable.”.

Amend the bill as a whole by renumbering sections 40 and 41 as sections 43 and 44 and adding new sections designated sections 40 through 42, following sec. 39, to read as follows:

“Sec. 40. NRS 458.260 is hereby amended to read as follows:

458.260 1. Except as otherwise provided in subsection 2, the use of alcohol, the status of drunkard and the fact of being found in an intoxicated condition are not:

(a) Public offenses and shall not be so treated in any ordinance or resolution of a county, city or town.

(b) Elements of an offense giving rise to a criminal penalty or civil sanction.

2. The provisions of subsection 1 do not apply to:

(a) The provisions of NRS 483.460, 483.490, subsection 2 of NRS 483.560 and NRS 484.384;

(b) An offense for which intoxication is an element of the offense pursuant to the provisions of a specific statute;

(c) A homicide resulting from driving, operating or being in actual physical control of a vehicle or a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance; and

(d) Any offense similar to an offense set forth in paragraph (a), (b) or (c) that is set forth in an ordinance or resolution of a county, city or town.

3. This section does not make intoxication an excuse or defense for any criminal act.

4. For the purposes of this section, “actual physical control of a vehicle or a vessel” must be determined in the manner set forth in section 5.5 or 25.5 of this act, as applicable.

Sec. 41. NRS 458.270 is hereby amended to read as follows:

458.270 1. Except as otherwise provided in subsection 7, a person who is found in any public place under the influence of alcohol, in such a condition that he is unable to exercise care for his own health or safety or the health or safety of others, must be placed under civil protective custody by a peace officer.

2. A peace officer may use upon such a person that kind and degree of force which would be lawful if he were effecting an arrest for a misdemeanor with a warrant.

3. If a licensed facility for the treatment of persons who abuse alcohol exists in the community where the person is found, he must be delivered to the facility for observation and care. If no such facility exists in the community, the person so found may be placed in a county or city jail or detention facility for shelter or supervision for his own health and safety until he is no longer under the influence of alcohol. He may not be required against his will to remain in either a licensed facility, jail or detention facility longer than 48 hours.

4. An intoxicated person taken into custody by a peace officer for a public offense must immediately be taken to a secure detoxification unit or other appropriate medical facility if his condition appears to require emergency medical treatment. Upon release from the detoxification unit or medical facility, the person must immediately be remanded to the custody of the apprehending peace officer and the criminal proceedings proceed as prescribed by law.

5. The placement of a person found under the influence of alcohol in civil protective custody must be:

(a) Recorded at the facility, jail or detention facility to which he is delivered; and

(b) Communicated at the earliest practical time to his family or next of kin if they can be located and to the division or to a local alcohol abuse authority designated by the division.

6. Every peace officer and other public employee or agency acting pursuant to this section is performing a discretionary function or duty.

7. The provisions of this section do not apply to a person who is apprehended or arrested for:

(a) An offense for which intoxication is an element of the offense pursuant to the provisions of a specific statute;

(b) A homicide resulting from driving, operating or being in actual physical control of a vehicle or a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance; and

(c) Any offense similar to an offense set forth in paragraph (a) or (b) of this subsection that is set forth in an ordinance or resolution of a county, city or town.

8. For the purposes of this section, “actual physical control of a vehicle or a vessel” must be determined in the manner set forth in section 5.5 or 25.5 of this act, as applicable.

Sec. 42. NRS 629.065 is hereby amended to read as follows:

629.065 1. Each provider of health care shall, upon request, make available to a law enforcement agent or district attorney the health care records of a patient which relate to a test of his blood, breath or urine if:

(a) The patient is suspected of driving, operating or being in actual physical control of a vehicle or a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance in violation of NRS 484.379, 484.3795, subsection 2 of NRS 488.400, NRS 488.410 or 488.420; and

(b) The records would aid in the related investigation.

To the extent possible, the provider of health care shall limit the inspection to the portions of the records which pertain to the presence of alcohol or a controlled substance in the blood, breath or urine of the patient.

2. The records must be made available at a place within the depository convenient for physical inspection. Inspection must be permitted at all reasonable office hours and for a reasonable length of time. The provider of health care shall also furnish a copy of the records to the law enforcement agent or district attorney who requests it and pays the costs of reproducing the copy.

3. Records made available pursuant to this section may be presented as evidence during a related criminal proceeding against the patient.

4. A provider of health care, his agents and employees are immune from any civil action for any disclosures made in accordance with the provisions of this section or any consequential damages.

5. For the purposes of this section, “actual physical control of a vehicle or a vessel” must be determined in the manner set forth in section 5.5 or 25.5 of this act, as applicable.”.

Amend the title of the bill, first line, after “laws;” by inserting:

“providing the manner in which to determine whether a person who is under the influence of alcohol or a controlled substance is in actual physical control of a vehicle of vessel;”.

Amend the summary of the bill to read as follows:

“SUMMARY—Makes various changes concerning operating vehicle or vessel under influence of alcohol or controlled substance. (BDR 43‑275)”.

Assemblywoman Giunchigliani moved that Senate Bill No. 152 be taken from the General File and placed on the Chief Clerk’s desk.

Remarks by Assemblywoman Giunchigliani.

Motion carried.

Assembly Bill No. 269.

Bill read third time.

Remarks by Assemblyman Arberry.

Roll call on Assembly Bill No. 269:

Yeas—39.

Nays—Hettrick.

Excused—Berman, Evans—2.

Assembly Bill No. 269 having received a constitutional majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

Assembly Bill No. 323.

Bill read third time.

Remarks by Assemblyman de Braga.

Roll call on Assembly Bill No. 323:

Yeas—40.

Nays—None.

Excused—Berman, Evans—2.

Assembly Bill No. 323 having received a constitutional majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

Assembly Bill No. 342.

Bill read third time.

Remarks by Assemblywoman Chowning.

Roll call on Assembly Bill No. 342:

Yeas—39.

Nays—Bache.

Excused—Berman, Evans—2.

Assembly Bill No. 342 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Assembly Bill No. 684.

Bill read third time.

Remarks by Assemblyman de Braga.

Roll call on Assembly Bill No. 684:

Yeas—40.

Nays—None.

Excused—Berman, Evans—2.

Assembly Bill No. 684 having received a constitutional majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

Senate Bill No. 31.

Bill read third time.

Remarks by Assemblymen Parnell, Segerblom, Anderson, Bache and Giunchigliani.

Roll call on Senate Bill No. 31:

Yeas—29.

Nays—Anderson, Buckley, Chowning, Claborn, Collins, Freeman, Gustavson, Leslie, Parks, Perkins, Segerblom—11.

Excused—Berman, Evans—2.

Senate Bill No. 31 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Senate Bill No. 38.

Bill read third time.

Remarks by Assemblymen Beers and Lee.

Conflict of interest declared by Assemblyman Lee.

Roll call on Senate Bill No. 38:

Yeas—38.

Nays—None.

Not Voting—Collins, Lee—2.

Excused—Berman, Evans—2.

Senate Bill No. 38 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Senate Bill No. 68.

Bill read third time.

Remarks by Assemblyman Marvel.

Roll call on Senate Bill No. 68:

Yeas—40.

Nays—None.

Excused—Berman, Evans—2.

Senate Bill No. 68 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Hettrick moved that Senate Bill No. 191 be taken from the General File and placed on the Chief Clerk's desk.

Remarks by Assemblyman Hettrick.

Motion carried.

general file and third reading

Senate Bill No. 103.

Bill read third time.

Remarks by Assemblyman Goldwater.

Roll call on Senate Bill No. 103:

Yeas—40.

Nays—None.

Excused—Berman, Evans—2.

Senate Bill No. 103 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

REPORTS OF COMMITTEES

Mr. Speaker:

Your Committee on Education, to which was referred Senate Bill No. 126, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Also, your Committee on Education, to which were referred Assembly Bill No. 686; Senate Bill No. 104, has had the same under consideration, and begs leave to report the same back with

the recommendation: Amend, and do pass as amended.

Wendell P. Williams, Chairman

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Perkins moved that all rules be suspended, reading so far had considered second reading, rules further suspended, Senate Bill No. 126 declared an emergency measure under the Constitution and placed on third reading and final passage.

Remarks by Assemblyman Perkins.

Motion carried unanimously.

Assemblyman Perkins moved that Assembly Bill No. 686 and Senate Bill No. 104 be placed on the Second Reading File.

Motion carried.

SECOND READING AND AMENDMENT

Assembly Bill No. 686.

Bill read second time.

The following amendment was proposed by the Committee on Education:

Amendment No. 1040.

Amend section 1, page 1, line 2, by deleting “10” and inserting “11”.

Amend section 1, page 1, line 15, by deleting “four” and inserting “five”.

Amend section 1, page 1, by deleting line 17 and inserting:

“(a) One teacher who currently provides instruction in a high school;”.

Amend section 1, page 2, line 1, after “(b)” by inserting:

“One teacher who currently provides instruction in a middle school or junior high school;

(c)”.

Amend section 1, page 2, line 2, by deleting “(c)” and inserting “(d)”.

Amend section 1, page 2, line 4, by deleting “(d)” and inserting “(e)”.

Assemblyman Williams moved the adoption of the amendment.

Remarks by Assemblyman Williams.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 104.

Bill read second time.

The following amendment was proposed by the Committee on Education:

Amendment No. 973.

Amend section 1, page 1, line 13, by deleting:

“September 1, 1999,” and inserting:

“[September 1, 1999,] January 15, 2000,”.

Amend section 1, page 2, line 15, by deleting:

“November 1, 1999,” and inserting:

“[November 1, 1999,] January 15, 2000,”.

Amend section 1, page 2, line 26, by deleting:

“July 31, 1999.” and inserting:

“[July 31, 1999.] June 30, 2001.”.

Amend section 1, page 3, line 6, by deleting “statewide,” and inserting:

“statewide [,] in selected grades, kindergarten through eighth,”.

Amend section 1, page 3, line 21, by deleting “statewide,” and inserting:

“statewide [,] in selected grades, kindergarten through eighth,”.

Amend section 1, page 3, line 32, after “5.” by inserting:

“Commencing in the 2001-2002 school year, the high school proficiency examination that, pursuant to subsection 6 of NRS 389.015, pupils must pass to receive a standard high school diploma must measure the performance of pupils on the standards of content and performance adopted by the state board of education pursuant to paragraph (a) of subsection 4. The high school proficiency examination that measures the performance of pupils on those standards must first be administered to pupils enrolled in grade 11 in the 2001-2002 school year, who must pass the examination before the completion of grade 12 to graduate with a standard high school diploma in the 2002-2003 school year. Pupils who graduate from high school in the 2001-2002 school year are not required to pass the examination that measures the performance of pupils on the standards adopted pursuant to paragraph (a) of subsection 4, but must pass the examination that is administered to pupils in the immediately preceding school year.

6.”.

Amend section 1, page 4, line 1, by deleting “6.” and inserting “[6.] 7.”.

Amend section 1, page 4, line 23, by deleting “7.” and inserting “[7.] 8.”.

Amend section 1, page 4, line 28, by deleting “8.” and inserting “[8.] 9.”

Amend the title of the bill to read as follows:

“AN ACT relating to education; revising provisions regarding the council to establish academic standards for public schools; delaying the prospective dates by which certain achievement and proficiency examinations used to measure the achievement of pupils in the standards of content and performance adopted by the state board of education must be administered in the public schools; prescribing the dates for the administration of a high school proficiency examination that measures the achievement of pupils in the standards of content and performance; and providing other matters properly relating thereto.”.

Amend the summary of the bill, first line, after “Revises” by inserting:

“provisions regarding council to establish academic standards for public schools and”.

Assemblyman Williams moved the adoption of the amendment.

Remarks by Assemblyman Williams.

Amendment adopted.

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

general file and third reading

Senate Bill No. 128.

Bill read third time.

Remarks by Assemblyman Nolan.

Roll call on Senate Bill No. 128:

Yeas—40.

Nays—None.

Excused—Berman, Evans—2.

Senate Bill No. 128 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Arberry moved that Senate Bill No. 125 be taken from the General File and re-referred to the Committee on Ways and Means.