THE FIFTY-NINTH DAY

THE FIFTY-NINTH DAY

Carson City(Wednesday), March 31, 1999

Senate called to order at 11:09 a.m.

President Hunt presiding.

Roll called.

All present.

Prayer by the Chaplain, the Reverend Richard Campbell.

Eternal and ever blessed God: You are known by many Names throughout the world. Your goodness, might and power are felt by all Your children. We come before You this day with gratitude in our hearts for Your many blessings to us. We praise You for Your presence here and ask Your blessing upon this Senate. Their tasks are enormous, give them strength; important, give them wisdom; humane, give them compassion. Grant them Your blessing and also bless our state and our nation now and in the future. We pray in Your Holy Name.

Amen.

Pledge of allegiance to the Flag.

Senator Raggio moved that further reading of the Journal be dispensed with, and the President and Secretary be authorized to make the necessary corrections and additions.

Motion carried.

REPORTS OF COMMITTEES

Madam President:

Your Committee on Commerce and Labor, to which were referred Senate Bills Nos. 74, 177, 464, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Randolph J. Townsend, Chairman

Madam President:

Your Committee on Finance, to which were referred Senate Bills Nos. 159, 284; Assembly Joint Resolution No. 10, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Also, your Committee on Finance, to which was re-referred Senate Bill No. 57, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Also, your Committee on Finance, to which was referred Senate Bill No. 15, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

William J. Raggio, Chairman

Madam President:

Your Committee on Government Affairs, to which was referred Senate Bill No. 367, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass, and place on Consent Calendar.

Also, your Committee on Government Affairs, to which were referred Senate Bills Nos. 454, 456; Senate Joint Resolution No. 19, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Also, your Committee on Government Affairs, to which were referred Senate Bills Nos. 191, 274, 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 Government Affairs, to which was referred Senate Joint Resolution No. 16, has had the same under consideration, and begs leave to report the same back with the recommendation: Without recommendation.

Ann O’Connell, Chairman

Madam President:

Your Committee on Human Resources and Facilities, to which were referred Senate Bills Nos. 41, 227, 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 Human Resources and Facilities, to which was referred Senate Concurrent Resolution No. 6, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and be adopted as amended.

Raymond D. Rawson, Chairman

Madam President:

Your Committee on Judiciary, to which was referred Senate Bill No. 453, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Mark A. James, Chairman

Madam President:

Your Committee on Natural Resources, to which were referred Senate Bills Nos. 343, 344, 377, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Also, your Committee on Natural Resources, to which were referred Senate Bill No. 108; Senate Joint Resolution No. 12, 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 Natural Resources, to which was referred Senate Bill No. 511, has had the same under consideration, and begs leave to report the same back with the recommendation: Re-refer to the Committee on Finance.

Dean A. Rhoads, Chairman

Madam President:

Your Committee on Taxation, to which were referred Senate Bills Nos. 383, 424; Senate Joint Resolution No. 20, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Mike McGinness, Chairman

Madam President:

Your Committee on Transportation, to which was referred Senate Bill No. 80, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

William R. O’Donnell, Chairman

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, March 26, 1999

To the Honorable the Senate:

I have the honor to inform your honorable body that the Assembly on this day passed Senate Bill No. 158; Assembly Bills Nos. 31, 305, 322, 374.

Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bills Nos. 165, 229, 297, 363, 408.

Also, I have the honor to inform your honorable body that the Assembly on this day adopted Senate Concurrent Resolution No. 26; Assembly Concurrent Resolution No. 19.

Also, I have the honor to inform your honorable body that the Assembly on this day adopted, as amended, Senate Concurrent Resolution No. 1, Amendment No. 217, and respectfully requests your honorable body to concur in said amendment.

Susan Furlong Reil

Assistant Chief Clerk of the Assembly

Assembly Chamber, Carson City, March 31, 1999

To the Honorable the Senate:

I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Joint Resolution No. 14.

Susan Furlong Reil

Assistant Chief Clerk of the Assembly

MOTIONS, RESOLUTIONS AND NOTICES

By Senators Mathews, Amodei, Care, Carlton, Coffin, Jacobsen, James, McGinness, Neal, O’Connell, O’Donnell, Porter, Raggio, Rawson, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington, Wiener; Assemblymen Freeman, Anderson, Angle, Arberry, Bache, Beers, Berman, Brower, Buckley, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Dini, Evans, 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:

Senate Concurrent Resolution No. 27—Commending the recipient of the 1999 Prudential Spirit of Community Award, Shila Young.

WHEREAS, Shila Young, an esteemed resident of Reno and a student at Clayton Middle School, recently received national recognition for exemplary volunteer service as a recipient of the 1999 Prudential Spirit of Community Award; and

WHEREAS, This prestigious award, presented by The Prudential Insurance Company of America in partnership with the National Association of Secondary School Principals, honors young volunteers across America who have demonstrated an extraordinary commitment to serving their communities by showing personal initiative and leadership in providing volunteer service; and

WHEREAS, Shila Young earned this award by giving generously of her time and energy in conducting a 5-month fund-raising campaign called “Pennies for Jenny” that raised $25,000 to benefit her best friend by enabling Jenny’s mother to stay at her bedside until her death as a result of cancer; and

WHEREAS, By organizing fund-raisers and recruiting fellow students and community members to join the campaign, Shila Young showed exceptional leadership qualities; and

WHEREAS, Shila Young has demonstrated exemplary service to her community and serves as an inspiration and role model to the young people of the State of Nevada; now, therefore, be it

RESOLVED BY THE SENATE OF THE STATE OF NEVADA, THE ASSEMBLY CONCURRING, That the members of the 70th session of the Nevada Legislature do hereby commend Shila Young for her leadership and initiative and congratulate her for receiving the Prudential Spirit of Community Award; and be it further

RESOLVED, That the Nevada Legislature commends Shila Young for her generosity of spirit and selfless endeavors in volunteering her time to the residents of her community and the State of Nevada; and be it further

RESOLVED, That the Secretary of the Senate prepare and transmit a copy of this resolution to Shila Young.

Senator Mathews moved the adoption of the resolution.

Remarks by Senator Mathews.

Senator Mathews requested that her remarks be entered in the Journal.

Madam President, I have at my desk a young lady that I am really proud of. I have known her mom for a long, long time. Shila has been an outstanding young lady, and I would like to tell you something about that. We often talk about the young folks who are getting into trouble and doing all kinds of things. I have faith in the youth of this nation because of people like Shila. She has demonstrated that we are not in as big of trouble as we think we are. Shila has been a very
outstanding citizen in this community. Her family are outstanding members of this community. She is an eighth grade student at Clayton Middle School. To think that she took pennies and made thousands out of it, I am really proud to have her at my desk today.

Resolution adopted.

Senator Mathews moved that all rules be suspended and that Senate Concurrent Resolution No. 27 be immediately transmitted to the Assembly.

Motion carried unanimously.

Senator Rhoads moved that Senate Bill No. 511 be re-referred to the Committee on Finance.

Remarks by Senator Rhoads.

Motion carried.

Assembly Concurrent Resolution No. 19.

Senator Rawson moved that the resolution be referred to the Committee on Human Resources and Facilities.

Motion carried.

Senator Rawson moved that all rules be suspended, reading so far had considered first reading, rules further suspended, Assembly Joint Resolution No. 14 declared an emergency measure under the Constitution and placed on third reading and final passage.

Remarks by Senator Rawson.

Senator Rawson requested that his remarks be entered in the Journal.

Assembly Joint Resolution No. 14 commends Dr. Daniel L. Peterson for his work on behalf of persons with Chronic Fatigue Syndrome and urges Congress to provide financial support for additional scientific research to combat the disease. Dr. Peterson will be testifying before a Congressional committee in a few days in his pursuit for additional funding. He wanted to present this resolution by the Nevada Legislature and signed by the Governor to support his request. We wish him the very best in this important endeavor.

Motion carried unanimously.

GENERAL FILE AND THIRD READING

Assembly Joint Resolution No. 14.

Resolution read third time.

Remarks by Senators Rawson, Rhoads, Raggio and Townsend.

Roll call on Assembly Joint Resolution No. 14:

Yeas—21.

Nays—None.

Assembly Joint Resolution No. 14 having received a constitutional majority, Madam President declared it passed.

Resolution ordered transmitted to the Assembly.

MOTIONS, RESOLUTIONS AND NOTICES

Notice of Exemption

March 31, 1999

The Fiscal Analysis Division, pursuant to Joint Rule No. 14.6, has determined the exemption of the following bills: Senate Bills Nos. 4, 15, 23, 33, 40, 60, 70, 71, 107, 109, 110, 112, 113, 119, 127, 141, 142, 143, 147, 159, 162, 170, 184, 185, 186, 187, 188, 193, 231, 236, 237, 239, 248, 249, 251, 254, 258, 270, 272, 277, 279, 280, 281, 283, 284, 292, 294, 298, 299, 303, 304, 305, 306, 307, 308, 320, 329, 333, 350, 353, 376, 378, 388, 415, 427, 443, 446, 466, 496, 503, 504, 505, 506, 507, 508, 517, which:

(a) Contain an appropriation;

(b) Authorize the expenditure by a state agency of sums not appropriated from the state general fund or the state highway fund;

(d) Significantly decrease any revenue of the state.

The Legislative Counsel shall cause to be printed on the face of each bill or resolution the term “exempt” and a notation of the exemption must be included as a part of the history of the bill or resolution.

Daniel G. Miles

Fiscal Analysis Division

The following letter from the National Commander of the American Legion was read into the record by the Secretary of the Senate, Janice L. Thomas.

March 25, 1999

Janice L. Thomas, Secretary of the Senate, State of Nevada,

401 S. Carson Street, Carson City, Nevada 89701-4747

Dear Ms. Thomas,

Thank you for sending to me a copy of Senate Concurrent Resolution No. 20 that was adopted by the Nevada Senate and the Assembly on March 11.

The American Legion is proud of its record of service to the communities, the states and to our glorious nation during the past 80 years. And we are pleased that the men and women of the Nevada Legislature have chosen to recognize that service through passage of Resolution No. 20.

Please convey my personal appreciation to those responsible for this action. On behalf of the almost three million members of the American Legion, we pledge to continue this enviable record for many years to come.

Sincerely,

Harold L. “Butch” Miller

National Commander

INTRODUCTION, FIRST READING AND REFERENCE

Assembly Bill No. 31.

Senator Rawson moved that the bill be referred to the Committee on Transportation.

Motion carried.

Assembly Bill No. 165.

Senator Rawson moved that the bill be referred to the Committee on Judiciary.

Motion carried.

Assembly Bill No. 229.

Senator Rawson moved that the bill be referred to the Committee on Judiciary.

Motion carried.

Assembly Bill No. 297.

Senator Rawson moved that the bill be referred to the Committee on Government Affairs.

Motion carried.

Assembly Bill No. 305.

Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.

Motion carried.

Assembly Bill No. 322.

Senator Rawson moved that the bill be referred to the Committee on Finance.

Motion carried.

Assembly Bill No. 363.

Senator Rawson moved that the bill be referred to the Committee on Judiciary.

Motion carried.

Assembly Bill No. 374.

Senator Rawson moved that the bill be referred to the Committee on Government Affairs.

Motion carried.

Assembly Bill No. 408.

Senator Rawson moved that the bill be referred to the Committee on Natural Resources.

Motion carried.

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, March 31, 1999

To the Honorable the Senate:

I have the honor to inform your honorable body that the Assembly on this day adopted Assembly Concurrent Resolution No. 41.

Susan Furlong Reil

Assistant Chief Clerk of the Assembly

MOTIONS, RESOLUTIONS AND NOTICES

Assembly Concurrent Resolution No. 41—Congratulating the University of Nevada School of Medicine on its 30th Anniversary and commending Dean Robert M. Daugherty, Jr. for the leadership and guidance he has provided to its students.

Whereas, Through the recommendation of the Board of Regents of the University of Nevada and the encouragement, vision and generosity of the late Howard R. Hughes, and other friends such as Dr. Fred Anderson and H. Edward Manville, the University of Nevada School of Medicine was established by the Nevada Legislature in 1969; and

Whereas, The University of Nevada School of Medicine has become a medical school for the entire state, with training programs in Las Vegas, Reno, Henderson, Elko, North Las Vegas, Carson City and Sparks, using the assistance of six community hospitals and more than 900 community physicians throughout Nevada to provide patient care in person and via telemedicine; and

Whereas, Every year approximately 208 students from Nevada are given the opportunity to pursue a medical education, and, today, more than 1,000 students trained in Nevada have graduated from the University of Nevada School of Medicine, including 900 resident physicians who have been trained in family practice, internal medicine, pediatrics, psychiatry, surgery, and obstetrics and gynecology; and

Whereas, The University of Nevada School of Medicine strives to improve the delivery of health care to rural areas by placing physicians in nearly every rural community within this state and staffing Area Health Education Centers with qualified and knowledgeable professionals in health care to make the latest information on health care available to persons living in rural areas; and

Whereas, Regardless of a patient’s ability to pay, the physicians from the University of Nevada School of Medicine continue to deliver quality health care to any person in need of health care; and

Whereas, In addition to the University of Nevada School of Medicine’s delivery of health care, vital research is conducted by researchers from the School of Medicine in such important medical subjects as cancer, heart disease, gastrointestinal disorders, nutrition, diabetes and women’s health issues, bringing more than $9 million in research funding to the State of Nevada each year; and

Whereas, Dean Robert M. Daugherty, Jr., M.D., Ph.D., has served as Dean of the University of Nevada School of Medicine for 18 years, the second longest tenure of all current deans, during which he has built a program that is respected not only in Nevada, but also nationally because of the caliber of its faculty, students and programs; and

Whereas, Dean Daugherty has brought recognition to the State of Nevada through his leadership roles in the American Medical Association and the Association of American Medical Colleges as an advocate for all physicians to preserve the doctor/patient relationship and create leadership role models for physicians; 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 congratulate the University of Nevada School of Medicine on its 30th Anniversary and commend the school for the vital service it provides to the people of the State of Nevada; and be it further

Resolved, That this legislative body pays special tribute, to Dean Robert M. Daugherty, Jr., M.D., Ph.D., on the occasion of being named Dean Emeritus, for his 18 years of service and leadership; and be it further

Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the University of Nevada School of Medicine and Dean Robert M. Daugherty, Jr.

Senator Rawson moved the adoption of the resolution.

Remarks by Senators Rawson, Raggio, Neal and Jacobsen.

Senator Rawson requested that the following remarks be entered in the Journal.

Senator Rawson:

Madam President, it is a pleasure for me to be able to speak in favor of this resolution, both as an individual and representing the Senate. It is satisfying, through my remarks, to be able to introduce a good friend, a physician to most of us on one occasion or another, Dean Robert Daugherty. He has even been known to make house calls on occasions. He has earned a certain endearment by most of the members of this Body.

I would like to remind everyone that there were three great or classic professions—medicine, the law and the clergy. These professions were great because they protected and fostered what knowledge was available during a very dark and difficult time in the history of the world. I think associated with that there were great individuals in these professions who helped to lead us out of the dark ages. Our quality of life today is really developed around the saving knowledge that these people brought to us—the understanding and the advancement of their professions. It’s a special occasion to honor an important leader in one of these great professions. Dr. Daugherty not only served a lifetime as a Dean, but he started some great traditions in the school. One of those traditions is going beyond the usual channels to improve the School of Medicine. He set Nevada ahead of other states in the issues of providing primary care and training physicians to be able to provide primary care. He had special insights in being able to go to Legislators and develop the resources that were really necessary to accomplish those things. He presided over the school when a special waiver was developed with Medicaid to fund medical education in a new and different way through the use of Medicaid funds. That procedure is still viable today.

I’m reminded of the story of the gold-headed cane. In the 1500s the world suffered under various plagues, famine and fevers. The physicians who went into the homes of the sick in those days didn’t have the knowledge to really know how to protect themselves. They risked their lives every time they responded to the need of someone. Those physicians began to develop a little box that would carry aromatic substances they hoped would ward off the evil of disease. These substances evolved into a gold head on a cane where the physicians could put camphor and other aromatic substances that would serve to protect them as they were in the homes of the ill. As knowledge developed and as tricks, techniques and abilities to deal with disease developed, these physicians, as mentors, would pass this knowledge on to their students and those associated with them. The tradition developed of passing this gold-headed cane as a physician retired and a new physician would take the responsibility.

Dr. Daugherty has left us with a tremendous legacy. He has developed programs, buildings, residencies and significant research, but the school isn’t finished yet. There is still a lot of work to be done. So, in that same old tradition, I would hope that he is able to transfer some of the techniques, some of the vision, some of the knowledge he has learned in this process. I hope that he can transfer knowledge of the contacts and some of the friendships so that the resources can continue to make this a great school. Dr. Daugherty has had a tremendous impact on medicine in Nevada. He has had a tremendous impact on the lives of many people in Nevada. Many of us will look at him and say he is just one of us. He is just another person. He may not have accomplished everything that everybody wanted in this state, but he has had a tremendous impact on us. I would like to wish him well as he looks forward to the future. I wish him success, and especially in the heavy and weighty responsibility of being Dean Emeritus. It’s a pleasure to be able to speak in favor of this resolution, and I would hope all would support it.

Senator Raggio:

I would be remiss if I didn’t say a few words. When I came to the Senate in 1972, the School of Medicine at the University of Nevada was in its infancy. I recall when it was created, and the debates that took place in the late 1960s about establishing a medical school. It was contentious. There was a lot of debate, a lot of argument, a lot of misgivings particularly in the medical profession. It went on and on. Fortunately, those who were endorsing the concept of a medical school for the University prevailed. It was the first graduate school for our University of Nevada System, and the University of Nevada Medical School through the years has become the preeminent institution that Senator Rawson has referenced.

I think it is not by accident that it has achieved this status and this recognition as a great medical school; it’s because of the presence of Dr. Daugherty. The Regents are now recognizing Dr. Daugherty as Dean Emeritus after 18 years of service as Dean. He is almost without peer, because he is the second longest serving Dean of a medical school in the nation. I think that speaks well for his contributions and his recognition, not only in the academic circles, but also certainly in medical circles.

In the State of Nevada, we are today very proud for two reasons. One, the medical school, which was a fledgling medical school back in the late 1960s, is now regarded as one of the finest medical schools in the country. I know the Dean has always taken a great deal of pride in the fact that all of the graduates of our medical school have been placed without exception. It speaks very well for the quality and the level of education our medical students are receiving. Second, the medical school has received continuing recognition from those entities which accredit medical schools and which recognize the level and the quality of the education. We are very proud to be a state that has a medical school within its university system, and one which has achieved distinction and certainly to recognize the efforts and the contributions of Dean Daugherty who everyone in this Senate considers not only a great instructor, a great medical doctor but certainly a great friend. I join with Senator Rawson, and on behalf of the Senate, in wishing him everything that is good for the future. We know we can depend on Dr. Daugherty to keep up his interest in the medical school and to help it in the future. Welcome, Dr. Daugherty.

Senator Neal:

Madam President, I have served in this Legislature for quite some time. Over the years I have watched this school develop. The accolades that are being distributed here today, I have some other version of that. Of course the school has grown. Students have been educated in medicine. But what I have seen, since I have been in this Legislature, is that this medical school has been a school essentially for white students. We have not had any black students of any great number graduate from this particular school during this time. The gentleman that we honor here today has been primarily responsible for keeping those students out. The whole 18 years that this school has been in existence, I don’t think that it has had seven black students to graduate from that school. Yet, in my community alone, there is something like 20 to 30 students who have engaged in the study of medicine outside of this state, including my own daughter who will be graduating in 2001 from a medical school in California. The Nevada School of Medicine did not accept her. So when we give these accolades, I cannot stand by and say nothing. We created a medical school, but that school has discriminated against black students. I want this to go on record.

I understand that some of the Senators here say, “Well, old Joe Neal is at it again. He is pouring cold water on an affair that is supposed to be gracious and in acknowledgment of someone’s career here.” Well, this person had a governmental responsibility. It was a state medical school for which all of us, including the black citizens of this state, paid taxes to have the school built and for its operation. Yet, I find that the black students who graduate from these high schools and matriculate in the various colleges and universities throughout the country, and even in the colleges and universities in this state, have not been accepted to this school. So even though this Resolution bears my name on it, I want to have it understood that I would vote against it for those particular reasons.

Senator Jacobsen:

Thank you, Madam President. I certainly would be remiss if I didn’t mention a word or two. Dr. Daugherty has been a favorite of mine ever since day one when the medical school started. I was there with Senator Raggio and Senator Neal, and I remember the controversy that existed around this issue. Thank the Good Lord the rurals joined with Washoe County, and we beat the South. That is why the medical school is in Reno today.

I guess over the years, I have had a chance to observe the operation and visit there many times. Needless to say, I have always been impressed. I’ve been impressed with the good doctor mostly because he availed himself to the rural communities in realizing our services are few and far between. With the school today, we have some physicians that are serving Nevada in the rural areas as part of the program. I will always be grateful for that.

As I indicated, Dr. Daugherty is a favorite of mine and has been for many years and will continue to be. I certainly wish him well.

Senator Rawson:

Madam President, I would like to respond to some of the remarks that have been made, because they cast a difficult feeling among many of us. Medicine has been a difficult profession to attain. A lot of people that start from high school and look at the awesome aspect of a college education and then a medical education and then the post-graduate education before they can even start a financial return. It has been daunting, and it has been particularly daunting to many of the minorities. I think we can look at this and we can’t deny that there is some systematic or institutional or societal prejudice that is involved because we don’t see very many minorities that attain the professional status. I have weighed this issue with the dental school in Nevada. We have a dozen African-American dentists in this state. I know individuals on the board who are not prejudiced, but there is a systematic societal prejudice that is involved some way because of the difficulties, because of the layers, because of the hoops minorities have to run through. I think it makes it very difficult. I would like, just in the spirit of moderation though, to say that I have witnessed some situations where the Dean and the Medical School had tried to change this. I don’t know all the answers. I know that we have put money into certain programs, and we haven’t seen results. I looked at the record one particular year, and we had minority students on the list. They were in competition. They were competitive, but we could not entice them to Nevada because they had full-ride scholarships to prestigious institutions in this country—Stanford, Harvard and other medical schools. We didn’t have the offerings to be able to compete. Much like a basketball team that simply doesn’t have the resources to recruit some players, we could not play.

I know that has been an issue of some consternation to some of the people in the medical school. I don’t know if that will change. I don’t know if changing the face of the administration will change that, but I do know there are people in the state who feel very strongly about it, and I’m optimistic.

As we have looked at a dental school, we have looked at having to start at the junior high school level to try to recruit the students to be able to come into the programs. Maybe that needs to be done in medicine.

I don’t know if we have the final answer to that, but I know that there are people concerned about it, and they are trying to change the situation. I would hope that all could see there is room for improvement, and there is a desire to improve. Thank you.

Resolution adopted.

SECOND READING AND AMENDMENT

Senate Bill No. 9.

Bill read second time.

The following amendment was proposed by the Committee on Human Resources and Facilities:

Amendment No. 33.

Amend section 1, page 2, by deleting lines 3 through 7 and inserting: “school within the school district which, for that school year, carries the designation of demonstrating inadequate achievement pursuant to NRS 385.367.”.

Amend section 1, page 2, by deleting lines 20 through 22 and inserting:

“5. As used in this section, “service” has the meaning ascribed to it in NRS 286.078.”.

Senator Rawson moved the adoption of the amendment.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 21.

Bill read second time.

The following amendment was proposed by the Committee on Human Resources and Facilities:

Amendment No. 67.

Amend section 1, page 2, line 29, after “disabilities.” by inserting: “If a pupil with a disability is unable to take an examination under regular testing conditions or with modifications and accommodations that are approved by the publisher of the examination, the pupil may take the examination with modifications and accommodations approved by the state board pursuant to subsection 8. The results of such an examination must not be reported pursuant to subsection 2 of NRS 389.017.”.

Amend section 1, page 2, by deleting lines 37 through 40 and inserting: “prescribed by the state board.”.

Amend section 1, page 3, between lines 36 and 37, by inserting:

“8. The state board shall prescribe, in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., the modifications and accommodations that may be used in the administration of an examination to a pupil with a disability who is unable to take the examination under regular testing conditions or with the modifications and accommodations approved by the publisher of the examination.”.

Amend sec. 2, page 4, line 18, after “examination” by inserting: “pursuant to subsection 4 of NRS 389.015”.

Senator Rawson moved the adoption of the amendment.

Remarks by Senator Rawson.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 22.

Bill read second time.

The following amendment was proposed by the Committee on Human Resources and Facilities:

Amendment No. 30.

Amend sec. 2, page 2, by deleting lines 12 through 15 and inserting:

“3. The commission shall adopt regulations that prescribe the conditions that may be placed on an initial license to teach”.

Amend sec. 3, page 2, by deleting line 20 and inserting: “evidence, in accordance with the”.

Amend sec. 4, page 2, lines 40 and 41, by deleting: “to the satisfaction of the commission”.

Amend sec. 4, page 3, line 1, after “(6)” by inserting: “Prescribing the qualifications for an endorsement as an administrator, including, without limitation, the type of experience that is required for the endorsement. Experience as a school teacher, school counselor or school librarian must apply toward the experience required.

(7)”.

Amend sec. 9, page 6, line 26, by deleting “At” and inserting: “Except as otherwise provided in this subsection, at”.

Amend sec. 9, page 6, between lines 31 and 32, by inserting: “In lieu of observing an employee for the required number of minutes of instruction, the board may prescribe the number of class periods, equivalent to the number of minutes of instruction set forth in paragraphs (a) and (b), that an administrator is required to observe an employee.”.

Amend sec. 15, page 10, line 27, by deleting “before” and inserting “after”.

Amend the bill as a whole by renumbering sec. 16 as sec. 18 and adding new sections designated sections 16 and 17, following sec. 15, to read as follows:

“Sec. 16. The amendatory provisions of section 3 of this act do not apply to a teacher who holds a license to teach that was issued before July 1, 2000.

Sec. 17. 1. A teacher who holds a license to teach that was issued before July 1, 2000, and who teaches English, mathematics, science or social studies in a middle school or junior high school, is not required to obtain a license to teach middle school or junior high school with an endorsement to teach in the subject area for which he provides instruction or a license to teach secondary education with an endorsement to teach in the subject area for which he provides instruction.

2. The amendatory provisions of section 8 of this act do not apply to the employment of a teacher by a board of trustees of a school district before July 1, 2000.”.

Amend sec. 16, page 10, line 31, by deleting “15,” and inserting “17,”.

Senator Rawson moved the adoption of the amendment.

Remarks by Senator Rawson.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 65.

Bill read second time.

The following amendment was proposed by the Committee on Transportation:

Amendment No. 61.

Amend section 1, page 1, by deleting line 5 and inserting: “placard for a member of the volunteer fire department or a volunteer emergency medical technician associated with the department. The”.

Amend section 1, page 1, by deleting lines 10 through 14 and inserting:

“(1) The name of the volunteer fire department;

(2) The county in which the volunteer fire department is located; and

(3) The number of placards requested.”.

Amend section 1, page 1, line 16, by deleting “may” and inserting “shall”.

Amend section 1, pages 1 and 2, by deleting lines 18 and 19 on page 1 and lines 1 through 28 on page 2, and inserting: “The placards must be yellow in color and must have appropriate mounting holes. The volunteer fire department is responsible for determining the design, lettering and numbering of the placards.

3. The chief of the volunteer fire department shall establish rules:

(a) Regarding the issuance and use of the placards; and

(b) Establishing a method of establishing and maintaining records of placards that have been issued.

4. When a member to whom a placard has been issued ceases to be a member of the volunteer fire department, or when a volunteer emergency medical technician to whom a placard has been issued ceases to be associated with the department, the person shall surrender the placard to the chief of the volunteer fire department from which he received the placard.

5. A placard issued pursuant to the provisions of this section may not be used in lieu of a license plate otherwise required by this chapter.

6. The department of motor vehicles and public safety shall not charge a fee for the issuance of the placards pursuant to this section.”.

Amend the title of the bill, second line, by deleting: “the members of volunteer fire departments;” and inserting: “certain persons who respond to emergencies;”.

Amend the summary of the bill, second line, by deleting: “members of volunteer fire departments.” and inserting: “certain persons who respond to emergencies.”.

Senator O’Donnell moved the adoption of the amendment.

Remarks by Senator O’Donnell.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 89.

Bill read second time.

The following amendment was proposed by the Committee on Human Resources and Facilities:

Amendment No. 68.

Amend section 1, page 1, by deleting line 14 and inserting: “utility bills received by them for the costs of heating and cooling their residential dwellings.”.

Amend sec. 5, page 3, line 10, by deleting “120A.180” and inserting: “120A.180, or $290,000 of that money to the extent available, whichever is greater,”.

Amend the bill as a whole by renumbering sections 6 and 7 as sections 7 and 8 and adding a new section designated sec. 6, following sec. 5, to read as follows:

“Sec. 6. NRS 120A.370 is hereby amended to read as follows:

120A.370 1. There is hereby created in the state treasury the abandoned property trust fund.

2. All money received by the division under this chapter, including the proceeds from the sale of abandoned property, must be deposited by the administrator in the state treasury for credit to the abandoned property trust fund.

3. Before making a deposit, the administrator shall record the name and last known address of each person appearing from the holders’ reports to be entitled to the abandoned property and of the name and last known address of each insured person or annuitant, and with respect to each policy or contract listed in the report of an insurance company, its number, the name of the company and the amount due. The record must be available for public inspection at all reasonable business hours.

4. The administrator may pay from money available in the abandoned property trust fund:

(a) Any costs in connection with the sale of abandoned property.

(b) Any costs of mailing and publication in connection with any abandoned property.

(d) Any costs incurred in examining the records of a holder and in collecting the abandoned property.

(e) Any valid claims filed pursuant to this chapter.

5. At the end of each fiscal year [10]50 percent of the money deposited in the state treasury for credit to the abandoned property trust fund that is from abandoned money of a utility as described in NRS 120A.180, or $290,000 of that money to the extent available, whichever is greater, must be deposited with the state treasurer for credit to the fund to assist indigent persons with utility bills created pursuant to section 1 of this act.

6. After the appropriate amount of money has been deposited pursuant to subsection 5, at the end of each fiscal year the amount of the balance in the fund in excess of $100,500 must be deposited with the state treasurer for credit to the state general fund but remains subject to the valid claims of holders pursuant to NRS 120A.340 or owners pursuant to NRS 120A.380.

7. If there is an insufficient amount of money in the abandoned property trust fund to pay any cost or charge pursuant to subsection 4, the state board of examiners may, upon the application of the administrator, authorize a temporary transfer from the state general fund to the abandoned property trust fund of an amount necessary to pay those costs or charges. The administrator shall repay the amount of the transfer as soon as sufficient money is available in the abandoned property trust fund.”.

Amend sec. 7, page 4, line 33, by deleting “6” and inserting “7”.

Amend sec. 7, page 4, after line 34 by inserting:

“3. Section 6 of this act becomes effective on July 1, 2001.”.

Amend the title of the bill, third line, by deleting “10 percent” and inserting: “a certain amount”.

Senator Rawson moved the adoption of the amendment.

Remarks by Senator Rawson.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 91.

Bill read second time.

The following amendment was proposed by the Committee on Government Affairs:

Amendment No. 196.

Amend sec. 2, page 1, by deleting lines 3 through 5 and inserting:

“Sec. 2. 1. A candidate whose name will appear on the ballot for the general election for the office of United States Senator or Representative in Congress or any statewide office may prepare a statement for inclusion in a publication to be prepared and distributed by the secretary of state.”.

Amend sec. 2, page 1, by deleting lines 9 and 10 and inserting:

“(b) Be written on a form prescribed by the secretary of state;”.

Amend sec. 2, page 2, by deleting line 4 and inserting: “than 7 days after the date that his declaration of ”.

Amend sec. 2, page 2, by deleting lines 9 through 13 and inserting:

“6. The secretary of state may edit or reject a statement if it is not in conformance with the provisions of subsection 2 or the regulations adopted by the secretary of state pursuant to section 3 of this act.”.

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

“Sec. 3. The secretary of state shall adopt regulations to carry out the provisions of this act.”.

Amend sec. 4, page 2, by deleting lines 37 and 38 and inserting: “nonpartisan office may be included in a statement prepared pursuant to section 2 of this act.”.

Amend the bill as a whole by deleting sections 5 through 10.

Amend the title of the bill to read as follows:

“AN ACT relating to elections; authorizing a candidate for certain elective offices to include a statement in a publication prepared by the secretary of state; establishing certain requirements regarding the information that is included in the statement; authorizing the secretary of state to adopt certain regulations; and providing other matters properly relating thereto.”.

Amend the summary of the bill, first line, by deleting: “on sample ballot.” and inserting: “in publication prepared by secretary of state.”.

Senator Neal moved the adoption of the amendment.

Remarks by Senators Neal, Townsend, Raggio and James.

Senator James moved that Senate Bill No. 91 be taken from the Second Reading File and placed on the Secretary’s desk.

Motion carried.

Senate Bill No. 121.

Bill read second time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 201.

Amend the bill as a whole by deleting section 1 and adding new sections designated sections 1 through 6, following the enacting clause, to read as follows:

“Section 1. Chapter 113 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

Sec. 2. As used in NRS 113.060 and 113.070 and section 3 of this act, unless the context otherwise requires, “seller” means a person who sells or attempts to sell any land or tract of land in this state that is divided or proposed to be divided over any period into two or more lots, parcels, units or interests, including, without limitation, undivided interests, which are offered, known, designated or advertised as a common unit by a common name or as a part of a common promotional plan of advertising and sale.

Sec. 3. 1. Except as otherwise provided in subsection 3, in a county whose population is 400,000 or more, a seller may not sign a sales agreement with the initial purchaser of a residence unless the seller, at least 24 hours before the time of the signing, provides the initial purchaser with a disclosure document that contains:

(a) A copy of the most recent gaming enterprise district map that has been made available for public inspection pursuant to NRS 463.309 by the city or town in which the residence is located or, if the residence is not located in a city or town, by the county in which the residence is located; and

(b) The location of the gaming enterprise district that is nearest to the residence, regardless of the jurisdiction in which the nearest gaming enterprise district is located.

The seller shall retain a copy of the disclosure document that has been signed by the initial purchaser acknowledging the time and date of receipt by the initial purchaser of the original document.

2. The information contained in the disclosure document required by subsection 1 must:

(a) Be updated not less than once every 4 months;

(b) Advise the initial purchaser that gaming enterprise districts are subject to change; and

3. The initial purchaser of a residence may waive the 24-hour period required by subsection 1 if the seller provides the initial purchaser with the information required by subsections 1 and 2 and the initial purchaser signs a written waiver. The seller shall retain a copy of the written waiver that has been signed by the initial purchaser acknowledging the time and date of receipt by the initial purchaser of the original document.

Sec. 4. NRS 113.070 is hereby amended to read as follows:

113.070 1. [Except as otherwise provided in subsection 3, in a county whose population is 400,000 or more, a seller may not sign a sales agreement with the initial purchaser of a residence unless the seller, at least 24 hours before the time of the signing, provides the initial purchaser with a disclosure document that contains:

(b) The location of the gaming enterprise district that is nearest to the residence, regardless of the jurisdiction in which the nearest gaming enterprise district is located.

The seller shall retain a copy of the disclosure document which has been signed by the initial purchaser acknowledging the time and date of receipt by the initial purchaser of the original document.

2. The information contained in the disclosure document required by subsection 1 must:

(a) Be updated no less than once every 4 months;

(b) Advise the initial purchaser that gaming enterprise districts are subject to change; and

3. The initial purchaser of a residence may waive the 24-hour period required by subsection 1 if the seller provides the initial purchaser with the information required by subsections 1 and 2 and the initial purchaser signs a written waiver. The seller shall retain a copy of the written waiver which has been signed by the initial purchaser acknowledging the time and date of receipt by the initial purchaser of the original document.

4.] Before the initial purchaser of a residence signs a sales agreement[,] or opens escrow, whichever occurs earlier, the seller shall, by separate written document, disclose to [him] the initial purchaser the zoning designations and the designations in the master plan regarding land use[,] adopted pursuant to chapter 278 of NRS , and the general land uses described therein, for the adjoining parcels of land. If the residence is located within a subdivision, the disclosure must be made regarding all parcels of land adjoining the unit of the subdivision in which the residence is located. If the residence is located on land divided by a parcel map and not located within a subdivision, the disclosure must be made regarding all parcels of land adjoining the parcel map. Such a disclosure must be made regardless of whether the adjoining parcels are owned by the seller. The seller shall retain a copy of the disclosure document which has been signed by the initial purchaser acknowledging the date of receipt by the initial purchaser of the original document.

[5.] 2. The information contained in the disclosure document required by subsection [4] 1 must:

(a) Be updated [no] not less than once every 6 months, if the information is available from the local government;

(b) Advise the initial purchaser that the master plan is for the general, comprehensive and long-term development of land in the area and that the designations in the master plan regarding land use provide the most probable indication of future development which may occur on the surrounding properties;

(c) Advise the initial purchaser that the master plan and zoning ordinances and regulations adopted pursuant to the master plan are subject to change; and

[(c)] (d) Provide the initial purchaser with instructions on how to obtain more current information.

[6. As used in this section, “seller” means a person who sells or attempts to sell any land or tract of land in this state which is divided or proposed to be divided over any period into two or more lots, parcels, units or interests, including, but not limited to, undivided interests, which are offered, known, designated or advertised as a common unit by a common name or as a part of a common promotional plan of advertising and sale.]

Sec. 5. NRS 278.260 is hereby amended to read as follows:

278.260 1. The governing body shall provide for the manner in which zoning regulations and restrictions and the boundaries of zoning districts are determined, established, enforced and amended.

2. A zoning regulation, restriction or boundary must not become effective until after a public hearing at which parties in interest and other persons have an opportunity to be heard. The governing body shall cause notice of the time and place of the hearing to be:

(a) Published in an official newspaper, or a newspaper of general circulation, in the city, county or region; and

(b) Mailed to each tenant of a mobile home park if that park is located within 300 feet of the property in question,

at least 10 days before the hearing.

3. If the proposed amendment involves a change in the boundary of a zoning district in a county whose population is less than 400,000, the governing body shall, to the extent this notice does not duplicate the notice required by subsection 2, cause a notice to be sent by mail at least 10 days before the hearing to:

(a) The applicant;

(b) Each owner, as listed on the county assessor’s records, of real property located within 300 feet of the portion of the boundary being changed;

(c) Each owner, as listed on the county assessor’s records, of at least 30 parcels nearest to the portion of the boundary being changed, to the extent this notice does not duplicate the notice given pursuant to paragraph (b); and

(d) Any advisory board which has been established for the affected area by the governing body.

The notice must be written in language which is easy to understand. [It] The notice must set forth the time, place and purpose of the hearing and a physical description of, or a map detailing, the proposed change[.] , must indicate the existing zoning designation, and the proposed zoning designation, of the property in question, and must contain a brief summary of the intent of the proposed change.

4. If the proposed amendment involves a change in the boundary of a zoning district in a county whose population is 400,000 or more, the governing body shall, to the extent this notice does not duplicate the notice required by subsection 2, cause a notice to be sent by mail at least 10 days before the hearing to:

(a) The applicant;

(b) Each owner, as listed on the county assessor’s records, of real property located within 500 feet from the portion of the boundary being changed;

(d) Any advisory board which has been established for the affected area by the governing body.

5. The exterior of the notice mailed pursuant to subsection 4 must bear a statement printed in at least 10-point bold type in substantially the following form:

OFFICIAL NOTICE OF PUBLIC HEARING

6. In addition to mailing the notice required pursuant to subsection 4, in a county whose population is 400,000 or more, the governing body shall, [no] not later than 10 days before the hearing, erect or cause to be erected on the property, at least one sign not less than 2 feet high and 2 feet wide. The sign must be made of material reasonably calculated to withstand the elements for 40 days. The governing body must be consistent in its use of colors for the background and lettering of the sign. The sign must include the following information:

(a) The existing zoning designation of the property in question;

(b) The proposed zoning designation of the property in question;

(d) A telephone number which may be used by interested persons to obtain additional information; and

(e) A statement which indicates whether the proposed zoning designation of the property in question complies with the requirements of the master plan of the city or county in which the property is located.

7. A sign required pursuant to subsection 6 is for informational purposes only, and must be erected regardless of any local ordinance regarding the size, placement or composition of signs to the contrary.

8. A governing body may charge an additional fee for each application to amend an existing zoning regulation, restriction or boundary to cover the actual costs resulting from the mailed notice required by this section and the erection of not more than one of the signs required by subsection 6, if any. The additional fee is not subject to the limitation imposed by NRS 354.5989.

9. The governing body shall remove or cause to be removed any sign required by subsection 6 within 5 days after the final hearing for the application for which the sign was erected. There must be no additional charge to the applicant for such removal.

Sec. 6. This act becomes effective on December 1, 1999.”.

Amend the title of the bill to read as follows:

“AN ACT relating to real property; revising the provisions governing certain disclosures required to be made to certain purchasers of residences; revising the provisions governing notices of public hearings regarding certain changes in zoning regulations, restrictions and districts; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Revises provisions governing required disclosures regarding certain residences and notices concerning proposed changes in zoning. (BDR 10‑610)”.

Senator Porter moved the adoption of the amendment.

Remarks by Senator Porter.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 126.

Bill read second time.

The following amendment was proposed by the Committee on Human Resources and Facilities:

Amendment No. 258.

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

Amend the title of the bill by deleting the third through fifth lines and inserting: “disciplinary problem; and providing other matters properly relating”.

Senator Rawson moved the adoption of the amendment.

Remarks by Senator Rawson.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 183.

Bill read second time and ordered to third reading.

Senate Bill No. 301.

Bill read second time.

The following amendment was proposed by the Committee on Government Affairs:

Amendment No. 203.

Amend section 1, page 3, by deleting lines 22 through 27 and inserting: “director in writing of the amount due. The director shall attempt to resolve the dispute between the contractor and the subcontractor or supplier within 20 working days after the date that the director receives notice of the amount due. If the dispute is not resolved within 20 working days after the date that the director receives notice of the amount due, the contractor shall deposit the disputed amount in an escrow account that bears interest. The contractor, subcontractor or supplier may pursue any legal or equitable remedy to resolve the dispute over the amount due. The director may not be made a party to any legal or equitable action brought by the contractor, subcontractor or supplier.”.

Senator Care moved the adoption of the amendment.

Remarks by Senators Care, Neal and O’Connell.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 321.

Bill read second time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 208.

Amend the bill as a whole by deleting sections 1 through 5 and adding new sections designated sections 1 and 2, following the enacting clause, to read as follows:

“Section 1. Chapter 209 of NRS is hereby amended by adding thereto a new section to read as follows:

1. A correctional officer shall, not later than 1 year after he begins his employment with the department, complete a program of training for correctional officers of at least 280 hours.

2. The program of training must include:

(a) At least 40 hours of instruction in the structure, organization and operation of the facility or institution where he is employed;

(b) At least 80 hours of instruction in assisting a supervisor in the management of the facility or institution;

(1) Maintaining order, discipline and security within the housing units of the general population of the facility or institution; and

(2) Providing the general population of the facility or institution with a humane, safe and sanitary environment; and

(d) At least 80 hours of instruction in disciplinary segregation, protective segregation and administrative segregation of the general population of the facility or institution.

3. After a correctional officer has completed the program of training required by subsection 1, the department shall examine and evaluate the correctional officer for at least 40 hours to determine his knowledge of the facility or institution where he is employed and his proficiency in performing the duties for which he received instruction.

4. The director shall:

(a) Provide the program of training for correctional officers required by subsection 1; and

(b) Adopt regulations to carry out the provisions of this section.

Sec. 2. A correctional officer who has been employed by the department of prisons for less than 1 year as of October 1, 1999, shall complete the program of training for correctional officers required by section 1 of this act before October 1, 2000.”.

Amend the title of the bill by deleting the third through seventh lines and inserting: “employment; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Requires correctional officers of department of prisons to complete certain training during their first year of employment. (BDR 16‑1072)”.

Senator James moved the adoption of the amendment.

Remarks by Senator James.

Amendment adopted.

Senator James moved that Senate Bill No. 321 be re-referred to the Committee on Finance upon return from reprint.

Remarks by Senator James.

Motion carried.

Bill ordered reprinted, engrossed and to the Committee on Finance.

Senate Bill No. 322.

Bill read second time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 319.

Amend the bill as a whole by deleting sections 3 through 7 and adding new sections designated sections 3 through 7, following sec. 2, to read as follows:

“Sec. 3. “Time share resale broker” means a person who is registered as a time share resale broker pursuant to the provisions of this chapter.

Sec. 4. 1. An agreement for a time share resale entered into by an owner and a person who resells a time share must:

(a) Be in writing; and

(b) Contain a disclosure that sets forth:

(1) Whether any person other than the purchaser may use the time share during the period before the time share is resold;

(2) Whether any person other than the purchaser may rent the use of the time share during the period before the time share is resold;

(3) The name of any person who will receive any rents or profits generated from the use of the time share during the period before the time share is resold; and

(4) A detailed description of any relationship between the person who resells the time share and any other person who receives any benefit from the use of the time share.

2. A person who resells a time share shall provide a fully executed copy of the written agreement described in subsection 1 to the owner on the date that the owner signs the agreement.

3. A person who resells a time share shall make the disclosures required pursuant to paragraph (b) of subsection 1 before accepting anything of value from the owner.

Sec. 5. 1. Before a purchaser signs any contract to purchase a time share that is offered for resale, the person who is reselling the time share shall disclose by a written document separate from the contract to purchase a time share:

(a) The period during which the purchaser may use the time share;

(b) A legal description of the interest in the time share;

(d) The name, address and telephone number of the agent managing the time-share project;

(e) The place where the documents of formation of the association and documents governing the time-share project may be obtained;

(f) The amount of the annual assessment of the association of the time share for the current fiscal year, if any;

(g) Whether all assessments against the time share are paid in full, and the consequences of failure to pay any assessment;

(h) Whether participation in any program for the exchange of occupancy rights among time-share owners or with the owners of time shares in other time-share properties is mandatory; and

(i) Any other information required to be disclosed pursuant to the regulations adopted by the administrator pursuant to subsection 2.

2. The administrator shall adopt regulations prescribing the form and contents of the disclosure statement described in this section.

Sec. 6. 1. A person who wishes to list, advertise for resale, solicit prospective purchasers of, promote or resell 12 or more time shares that were previously sold must:

(a) Be licensed as a real estate broker pursuant to the provisions of chapter 645 of NRS; and

(b) Register as a time share resale broker with the division by completing a form for registration provided by the division and paying the fee for registration to the administrator.

2. A time share resale broker shall renew his registration with the division annually on a form provided by the division and pay the fee for renewal of the registration to the administrator.

3. Unless the method of resales of time shares is made to evade the provisions of this chapter, a person is not required to register as a time share resale broker if the person:

(a) Has acquired fewer than 12 time shares and who later resells or offers to resell one or more of those time shares; or

(b) Is a project broker who resells or offers to resell a time share in a project as an agent for a developer who holds a permit for the project.

Sec. 7. In addition to the provisions of NRS 645.322, 645.323 and 645.324, a time share resale broker who charges or collects an advance fee shall place 80 percent of that fee into his trust account. If the time share resale broker closes escrow on the time share resale, he shall be deemed to have earned the advance fee. If the listing of the time share expires before the time share resale broker closes escrow on the time share resale, he must return the money held in the trust account to the owner of the time share within 10 days after the date of the expiration of the listing.”.

Amend the title of the bill to read as follows:

“AN ACT relating to time shares; requiring a person who resells a time share to disclose certain facts to a purchaser; requiring certain persons who resell time shares to register as time share resale brokers and pay a fee for registration; requiring the disclosure of certain facts in an agreement between an owner and a person who resells a time share; requiring a time share resale broker to place certain advance fees in a trust account until the sale of the time share or the expiration of the listing; requiring the real estate division of the department of business and industry to review the advertising of a time share being offered for resale; requiring a filing fee; providing a penalty; and providing other matters properly relating thereto.”.

Senator James moved the adoption of the amendment.

Remarks by Senators James, O’Donnell, O’Connell and Titus.

Senator O’Donnell disclosed that he is a real estate broker.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 347.

Bill read second time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 232.

Amend section 1, page 1, by deleting lines 7 through 10 and inserting:

“(b) The ability of the parents or parent to provide for the basic needs of the child, including, without limitation, food, shelter, clothing and medical care;”.

Amend section 1, page 1, line 11, by deleting “(d)” and inserting “(c)”.

Amend section 1, page 1, line 13, by deleting “(e)” and inserting “(d)”.

Amend sec. 2, page 2, by deleting lines 26 and 27 and inserting:

“(a) The ability of the present guardian to provide for the basic needs of the minor, including, without limitation, food, shelter, clothing and medical care;”.

Amend sec. 2, page 2, by deleting lines 39 and 40 and inserting:

“petitioner in the welfare of the minor; and”.

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

“(g) The mental and physical health of the present guardian.”.

Senator Wiener moved the adoption of the amendment.

Remarks by Senators Wiener, Neal, Raggio and James.

Senator James requested that the following remarks be entered in the Journal.

Senator Wiener:

This particular amendment revises the factors the court must consider in determining the suitability of a guardian. The amendment deletes the requirement that the court consider the suitability, the environment and the voluntary financial contributions made by the parent. The amendment adds the requirement that the court consider the ability of the parent to provide the basic needs of the child including, without limitation, food, shelter, clothing and medical care.

Finally in situations involving the removal of a guardian, the amendment requires the court to consider the mental and physical health of the present guardian regardless of whether the present guardian is a grandparent.

Senator Neal:

I would just like to ask a question. How are these guardianships being determined at the present?

Senator Wiener:

Thank you, Madam President. To my colleague from the south, this bill came to me from a constituent representing a group of grandparents who are very concerned about the welfare of their grandchildren. Partially because I wrote a book that involves this subject, I was approached. The grandparents were concerned about how to protect their own grandchildren. Currently, the courts often take and/or put these children into environments in a very speedy fashion. We worked for several months. I worked with bill drafters as well as with a prominent judge in the south to come up with criteria that judges must consider when establishing or revoking a guardianship. This bill does not establish a priority list nor assign points to these particular criteria. They are mandated as considerations that we as a legislature would like the judges to consider.

Senator Raggio:

To the sponsor of the measure, in looking at the amendment, I was struck by what is being stricken from the consideration that the court apparently may use in determining the suitability. It appears that on the first page, you are deleting whether the court consider whether the parent or parents have been continuously employed. Also being deleted on the second page, one that seems to me to be very significant, the suitability of the environment provided for the minor by the present guardian, and on lines 39 and 40, whether there has been any voluntary financial contributions made. If I am wrong on that let me know. Why would you not want those items to be considered by the court?

Senator Wiener:

To my esteemed colleague from the north, in testimony during the hearing, one of the major considerations in terms of the employment issue involved the disproportionate potential focus on “wealth.” There are people who have access to financial reserves that are not conditioned upon employment. And we do not want to penalize a stay-at-home mom. Also when we put “suitability” in the bill, more than one judge had problems with this requirement because they do not know how to define suitability. Therefore, I changed the language to address the “basic needs” of the child which includes, without limitation, food, clothing, shelter and medical care. We did not want to create the presumption that someone with more money could provide for the child’s basic needs as well as the child’s hunger for love.

Senator Raggio:

I think the problem in processing this amendment, and I did not participate in the discussion in your committee, is by deleting these items particularly the suitability of the environment provided for the minor on page 2. You seem to be sending a message that these are not important considerations or that they are not to be considered by the court. I really have a problem with sending that kind of a message.

Senator Wiener:

Currently, the courts have no legislative criteria or direction for these guardianship placements and revocations. As you’ll notice, Mr. Majority Leader, the language “qualified and suitable” precedes all of the criteria in section one. Again, this bill is built on the standard of “the best interest of the child.”

Senator James:

In addressing the Majority Leader’s concerns, we were requested by those supporting the bill, in addition to the sponsor who has already spoken, and by the judges of the Eighth Judicial District Court to process the bill with these amendments. I don’t think anyone would be able to make a legal argument or convince a court that the fact we deleted these things in an amendment to the bill is persuasive that we don’t think those are important considerations. You have to remember in both of these places in the bill, the court is still required to determine the best interests of the minor. We have even left in the word “suitable,” whether the parent is qualified or suitable in page 1. The lists that are set forth are non-exclusive lists. They are without limitation. Both say without limitation to ensure no one tries to make the argument: if it is not included, then it must be excluded. The suitable environment would be taken up with whether the parent is qualified and suitable, same with employment. The judges who testified thought this language, whether the parent can provide for the basic needs of the child including food, shelter, clothing and medical care, adequately addressed in a broad fashion all the needs to be considered in determining the best interests of the child. Some things like habitual use of alcohol or a controlled substance or involvement in crime, those kinds of things we would specifically set out and make those measures for disqualification. Hopefully, with this record, we haven’t sent any message that suitable environment and continuous employment is not an important consideration. That consideration is assumed within the other language in the bill and will be in the bill as amended if we adopt this amendment.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 360.

Bill read second time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 237.

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

Amend sec. 3, page 5, by deleting line 13 and inserting: “months in jail, or to perform not less than 48 hours, but not more than96 hours , of work for the community”.

Amend sec. 3, page 5, line 16, by deleting “$200” and inserting “$400”.

Amend sec. 3, page 5, line 25, by deleting “$500” and inserting “$750”.

Amend the bill as a whole by adding new sections designated sections 3 and 4, following sec. 3, to read as follows:

“Sec. 3. The amendatory provisions of this act do not apply to offenses committed before the effective date of this act.

Sec. 4. Section 2 of this act becomes effective at 12:01 a.m. on October 1, 1999.”.

Amend the title of the bill to read as follows:

“AN ACT relating to crimes; revising the penalty for the crime of petit larceny; revising the penalty for the crime of driving a vehicle while under the influence of alcohol or a controlled substance; and providing other matters properly relating thereto.”.

Amend the summary of the bill by deleting: “provisions relating to” and inserting “penalties for”.

Senator James moved the adoption of the amendment.

Remarks by Senators James and Neal.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 361.

Bill read second time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 233.

Amend the bill as a whole by deleting sections 5 and 6 and renumbering sections 7 and 8 as sections 5 and 6.

Amend the title of the bill to read as follows:

“AN ACT relating to writs of habeas corpus; specifying the circumstances under which a court may summarily dismiss a petition for a writ of habeas corpus; making various other changes to the provisions governing writs of habeas corpus; providing that credits against the sentence of an offender may be forfeited for the filing of a frivolous petition for a writ of habeas corpus; and providing other matters properly relating thereto.”.

Senator James moved the adoption of the amendment.

Remarks by Senator James.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 371.

Bill read second time and ordered to third reading.

Senate Joint Resolution No. 7.

Resolution read second time and ordered to third reading.

Assembly Bill No. 2.

Bill read second time.

The following amendment was proposed by the Committee on Human Resources and Facilities:

Amendment No. 221.

Amend section 1, page 1, by deleting lines 8 through 12 and inserting:

“(b) Purchasing tickets at reduced rates for the transportation of pupils, including, without limitation, homeless pupils, on public buses for use by pupils enrolled in middle school, junior high school and high school to travel to and from school.

2. [Such transportation] Transportation may be arranged and contracted for by a board of”.

Amend sec. 2, page 2, line 40, by deleting “, whether” and inserting: “, including, without limitation, homeless students, whether”.

Senator Rawson moved the adoption of the amendment.

Remarks by Senator Rawson.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

MOTIONS, RESOLUTIONS AND NOTICES

Senator O’Donnell moved that Senate Bill No. 339 be taken from the General File and placed on the Secretary’s desk.

Remarks by Senator O’Donnell.

Motion carried.

Senator Carlton moved that Senate Bill No. 461 be taken from the General File and placed on the Secretary’s desk.

Remarks by Senator Carlton.

Motion carried.

Senator Raggio moved that the Senate recess subject to the call of the Chair.

Motion carried.

Senate in recess at 1:13 p.m.

SENATE IN SESSION

At 1:18 p.m.

President Hunt presiding.

Quorum present.

GENERAL FILE AND THIRD READING

Senate Bill No. 10.

Bill read third time.

Roll call on Senate Bill No. 10:

Yeas—21.

Nays—None.

Senate Bill No. 10 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Senate Bill No. 35.

Bill read third time.

Remarks by Senator Titus.

Senator Titus requested that her remarks be entered in the Journal.

Senate Bill No. 35 provides for the issuance of expedited service permits to persons with permanent disabilities that impair their ability to walk. These permits, which include the person’s name and photograph, will be issued by the Department of Motor Vehicles and Public Safety along with handicapped license plates. The impetus for this bill came from a friend and constituent, Mr. Vallan Beckford. As Mr. Beckford pointed out to me, people with disabilities are allowed to park close to buildings, but once inside, they often have to wait in long lines (such as at the DMV or at polling places) for needed services. This bill simply applies common sense and provides those people with a special identification card so they can go to the head of the line. We can only require state agencies to honor these passes, but we also encourage local governments and private businesses which have long lines, like banks and picture shows, to recognize them as well.

Roll call on Senate Bill No. 35:

Yeas—21.

Nays—None.

Senate Bill No. 35 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Senate Bill No. 53.

Bill read third time.

Roll call on Senate Bill No. 53:

Yeas—21.

Nays—None.

Senate Bill No. 53 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Senate Bill No. 59.

Bill read third time.

Remarks by Senators Rawson, Coffin, Amodei and Raggio.

Roll call on Senate Bill No. 59:

Yeas—17.

Nays—Care, Carlton, Coffin, Titus—4.

Senate Bill No. 59 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Senate Bill No. 95.

Bill read third time.

Remarks by Senators Titus, Neal, Townsend, Carlton and Coffin.

Senator Titus requested that her remarks be entered in the Journal.

I rise in opposition to Senate Bill No. 95. As many of you remember, two sessions ago we labored long and hard to save SIIS. We were faced with a crisis situation and were forced to take drastic actions to keep the system from going under which would have cost taxpayers a lot of money and left injured workers stranded. Those drastic actions included major cuts in benefits for injured workers and the establishment of a fraud unit in the Attorney General’s office to go after those who might abuse the system.

Now some five years later, we can see the fruits of our labor. The system is solvent and employers have enjoyed a 30 percent reduction in premiums. So why do we need to further cut injured worker benefits? If anything, we should be restoring benefits, as we promised to do five years ago, not reducing them. There is no justification for it.

A second objection I have to this bill is the requirement that workmen’s compensation checks have a special paragraph printed on them which is insulting and demeaning. There is no reason to make a person sign a statement on every check which indicates that he knows that by endorsing and cashing said check, he’s committing a crime if he is not really hurt. What an insult to insured workers. We do not require that such a statement be put on any other kind of check, even though it is always a crime if you defraud anyone. This is just an attempt to intimidate and harass, and it is inappropriate.

Roll call on Senate Bill No. 95:

Yeas—10.

Nays—Amodei, Care, Carlton, Coffin, James, Mathews, Neal, Schneider, Shaffer, Titus, Wiener—11.

Senate Bill No. 95 having failed to receive a constitutional majority, Madam President declared it lost.

Senate Bill No. 154.

Bill read third time.

Remarks by Senator Amodei.

Roll call on Senate Bill No. 154:

Yeas—21.

Nays—None.

Senate Bill No. 154 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Senate Bill No. 209.

Bill read third time.

Remarks by Senators O’Donnell and Neal.

Roll call on Senate Bill No. 209:

Yeas—21.

Nays—None.

Senate Bill No. 209 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Senate Bill No. 235.

Bill read third time.

Roll call on Senate Bill No. 235:

Yeas—20.

Nays—Neal.

Senate Bill No. 235 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Senate Bill No. 277.

Bill read third time.

Roll call on Senate Bill No. 277:

Yeas—21.

Nays—None.

Senate Bill No. 277 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Senate Bill No. 332.

Bill read third time.

Remarks by Senators Neal and Porter.

Roll call on Senate Bill No. 332:

Yeas—21.

Nays—None.

Senate Bill No. 332 having received a constitutional majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

Senate Bill No. 398.

Bill read third time.

Roll call on Senate Bill No. 398:

Yeas—21.

Nays—None.

Senate Bill No. 398 having received a constitutional majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

Senate Bill No. 460.

Bill read third time.

Remarks by Senators Neal and O’Connell.

Roll call on Senate Bill No. 460:

Yeas—21.

Nays—None.

Senate Bill No. 460 having received a constitutional majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

Senate Bill No. 462.

Bill read third time.

Remarks by Senators Raggio and James.

Senator Raggio disclosed that he is a director of a company that maintains a home office.

Senator James disclosed that he is a director of a company that maintains a home office.

Roll call on Senate Bill No. 462:

Yeas—20.

Nays—None.

Not Voting—Coffin.

Senate Bill No. 462 having received a constitutional majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

Senate Bill No. 483.

Bill read third time.

Roll call on Senate Bill No. 483:

Yeas—19.

Nays—Neal.

Not Voting—Coffin.

Senate Bill No. 483 having received a constitutional majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 174.

Bill read third time.

Remarks by Senator Jacobsen.

Roll call on Assembly Bill No. 174:

Yeas—21.

Nays—None.

Assembly Bill No. 174 having received a constitutional majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

UNFINISHED BUSINESS

Signing of Bills and Resolutions

There being no objections, the President and Secretary signed Senate Bill No. 255; Senate Concurrent Resolution No. 25; Senate Resolutions Nos. 4, 5; Assembly Concurrent Resolutions Nos. 38, 39.

GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR

On request of Senator Care, the privilege of the floor of the Senate Chamber for this day was extended to Jenny Hopkins.

On request of Senator Jacobsen, the privilege of the floor of the Senate Chamber for this day was extended to Valerie Smith.

On request of Senator Mathews, the privilege of the floor of the Senate Chamber for this day was extended to Shila Young, Gary Young, Misty Young and Kaylin Young.

On request of Senator Raggio, the privilege of the floor of the Senate Chamber for this day was extended to Dr. Daniel Peterson and Dean Robert Daugherty, Jr.

On request of Senator Titus, the privilege of the floor of the Senate Chamber for this day was extended to Ashley Sisolak.

On request of Senator Townsend, the privilege of the floor of the Senate Chamber for this day was extended to Annette Whittemore and Andrea Whittemore.

REMARKS FROM THE FLOOR

Senator Titus requested that her remarks be entered in the Journal.

I would like to request that today we adjourn in memory of Joe Williams who died Monday in Las Vegas. Called a “national treasure,” Joe Williams was one of the world’s greatest jazz singers. His signature song was “Every Day I Have the Blues,” and his passing is certainly cause for us to have the blues. Not only was Mr. Williams an outstanding musician, but he was also a very generous member of the Las Vegas cultural community. He helped found and support the Las Vegas Jazz Society; he served on the UNLV College of Arts and Letters Advisory Committee, and he gave an annual scholarship concert at the Community College of Southern Nevada. He also raised money for ailing indigent singers and received the Ella Award for Dedicated Humanitarianism in 1997. Mr. Williams’ own comments about music in general perhaps best describe his personal contribution: “Music is the mainstream of life. It’s constant; it’s like breathing; it’s a gift from God. It’s like water running through a valley—anybody who wants it can go and have some. The music will always be there.” Joe Williams’ music will always be there. Let’s adjourn in memory of Joe Williams and think about his many contributions every time we hear someone whistling, “Alright, okay, you win.”

Senator Raggio moved that the Senate adjourn until Thursday, April 1, 1999 at 10:30 a.m. and that it do so in memory of Joe Williams as requested by Senator Titus.

Motion carried.

Senate adjourned at 2:22 p.m.

Approved: Lorraine T. Hunt

President of the Senate

Attest: Janice L. Thomas