THE SIXTY-SIXTH DAY

                               

Carson City(Wednesday), April 7, 1999

    Senate called to order at 11:31 a.m.

    President Hunt presiding.

    Roll called.

    All present.

    Prayer by the Chaplain, the Reverend Elaine Morgan.

    Bless, O Lord, each of the Senators here present and each member of their staffs as well as the staff of the Nevada State Senate. Today, we ask You to direct each individual in his and her activities and decisions.

    Give to each person Your most gracious favor and Your continual help. Provide each person with the grace to ask what You would have them do that the spirit of wisdom may save them from all false choices so that Your will can be fulfilled. Through Jesus Christ, Our Lord.

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.

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, April 6, 1999

To the Honorable the Senate:

    I have the honor to inform your honorable body that the Assembly on this day adopted Senate Concurrent Resolution No. 28.

                                                                                 Susan Furlong Reil

                                                                        Assistant Chief Clerk of the Assembly

MOTIONS, RESOLUTIONS AND NOTICES

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

    Senate Concurrent Resolution No. 29—Memorializing former Nevada Legislator Jean Ford.

    Whereas, The residents of the State of Nevada were deeply grieved at the passing of former Nevada Legislator Jean Ford, a visionary leader who died in her Carson City home on August 26, 1998, after a hard-fought battle with cancer; and

    Whereas, Jean Ford was born on December 28, 1929, in Miami, Oklahoma, graduated cum laude with a Bachelor’s Degree in sociology from Southern Methodist University, Dallas, Texas, and later received a Master’s Degree in public administration from the University of Nevada, Las Vegas; and

    Whereas, Epitomizing the civic contribution a private citizen can make, Jean Ford chaired the committee that brought about the creation of the Clark County Library District in 1965, headed the Nevada Air Quality Conference in 1971 and led the effort that saved Clark County’s Red Rock Canyon recreation area from development; and

    Whereas, After her election in 1972, Jean Ford served 4 years in the Nevada Assembly where she devoted her efforts to the support of visionary legislation that banned discrimination in the workplace based on gender, enhanced state parks, protected the environment, and would have increased public access to governmental meetings and required lobbyists to file disclosure statements; and

    Whereas, After losing her first bid for a seat in the Nevada Senate, Jean Ford changed her party affiliation from Republican to Democrat and won election to the Senate in 1978 where she served until 1982 and was instrumental in passing bills to expand library services and state parks, encourage the training of police officers to deal with domestic violence and protect the rights of parents, children, the elderly and the handicapped; and

    Whereas, The love Jean Ford had for Nevada culture, history, flora and fauna found expression in her personal exploration of this state and the sharing of her passion and knowledge by organizing and leading bus tours of rural Nevada and resulted in her appointment by former Governor Bryan in 1983 to direct the first Nevada Commission on Tourism and Economic Development; and

    Whereas, Her devoted efforts to ensure that Nevadans recognize the role women have played in the development of this state led Jean Ford to head the Women’s Studies Program at the University of Nevada, Reno, where she also developed the Nevada Women’s Archives and co-founded the Nevada Women’s History Project; and

    Whereas, Jean Ford received numerous awards of distinction, including the Distinguished Service Award from the Nevada State Park System, the award for Outstanding Citizen from the Business and Professional Women’s Clubs, the Community Public Service Award from the American Society for Public Administration and the Woman of Power Award from the Nevada Women’s Political Caucus, was named President’s Medalist and Distinguished Nevadan from the University of Nevada, Reno, and was publicly honored at the state capitol on October 25, 1997, in a celebration of her life; and

    Whereas, Jean Ford is survived by her two daughters, Janet Spelman of Las Vegas, Nevada, and Carla Oberst of Boston, Massachusetts; 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 extend their deepest sympathy to the family of Jean Ford including her daughters and her grandchildren; and be it further

    Resolved, That the legacy of Jean Ford will live on in the achievements brought about by her dedication and seemingly inexhaustible energy that continue to enhance the lives of so many; and be it further

    Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to her daughters, Janet and Carla.

    Senator Raggio moved the adoption of the resolution.

    Remarks by Senators Raggio, Jacobsen, Neal and Titus.

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

    Senator Raggio:

    Madam President and members of the Senate, it really seems difficult to accept the fact that Jean Ford no longer lives. She may not live in the physical sense, but I can truly say that the spirit of Jean Ford and her legacy, as referenced in this resolution, does truly live.

    Jean Ford came to the Legislature the same year that Senator Neal and I came to the Senate. She served in the Assembly and stood out, certainly, as a freshman legislator. Early on she became known as one who was committed to principle. She brought fresh ideas and even though she lost a later bid to be elevated to the Senate, when she did come to this Senate, she was among the forefront of those who brought forth the concept of women’s issues and, as well, the issues of the underprivileged and with a deep commitment to this entire State.

    I had the privilege of serving with her since 1978 in the Senate and until she left the Senate. She set a fine example for those who serve in this body, both then, now and in the future. She was strong in her principles but was not strident. She understood that in the legislative process there was a need to discuss issues and to discuss them thoroughly but without rancor. She brought forth concepts involving legislative reform, campaign reform, and as I indicated before, women’s issues. She presented them forthrightly, and through her efforts and through the efforts of those who followed in her footsteps, created a great deal of change that was certainly necessary and beneficial to the State.

    There were others in the Senate and in the legislative process as well who worked with her. Our former Lieutenant Governor and Senator, Sue Wagner, who is a guest here today, worked with her on many of these concepts. Mary Gojack, Helen Herr and other women who have served in this body were there as well, but she certainly was in the forefront of all of these efforts.

    In 1997, my wife and I were in Milan, Italy, and picked up a copy of USA Today and there was a little squib in there that former Senator Jean Ford had been diagnosed with terminal cancer. It was a shock. People like Jean Ford seem indestructible. Their efforts, their abilities, their dedication seem to be there, forever. We recognize, however, that we are all mortal. When we returned, I had the opportunity to talk with Jean. This was shortly after learning that my own spouse was diagnosed similarly. They both died the same year. They shared a great deal in the area of courage.

    I think Jean Ford undertook more after she knew that she had terminal cancer than in all of the years before that. I saw a human dynamo come into existence. She set aside her personal concerns, set aside the fears and the trepidations that go along with that terrible diagnosis. You would never know that she was a person who had been diagnosed with terminal cancer. She continued on with a lot of causes. She went forward and participated with the same kind of commitment that she displayed as a member of the legislative process, as a former head of the Commission on Tourism and Economic Development and on all of the missions and committees that she served on that are set forth in this resolution. She was a leader, and a leader develops a lot of followers. It was quite evident during her life the number of people who responded to whatever clarion call she put forth on these particular matters.

    She even convinced me on some of these issues, and I have to say that she was a very convincing person. She was a great contributor to this State. My words are inadequate. I know others feel just as strongly that we will not see too many Jean Fords come along in this process. We are far better because Jean Ford did commit herself to public service both as an elected official and in other capacities. We are far the better people for it. This is a far better state and the plight of many people has been improved because she accepted that responsibility and committed herself not only to all of her public service until the last days of her life. We are very grateful to her. She will be missed.

Senator Jacobsen:

    Thank you, Madam President and members of the Senate. I certainly rise in support of this resolution. As I said earlier, this is one advantage to getting a little older than most of you. I had the privilege of serving with Jean Ford in the Assembly and also in the Senate. I do not think that in my lifetime I knew a more dedicated person. She could come at you from the right, the left, the front or the rear and you always had to be on guard. She was tenacious to say the least, mostly on women’s issues. I could not help in attending her service which was at Washoe Pines and as we gathered outside amongst the trees and the attendance was overwhelming, I could not help but think that as we leave this world, we leave with our sins forgiven and go home free.

    You can not help but think of all the things she accomplished for this great State. I don’t think I ever knew anyone who was more tenacious than Jean Ford. It sometimes surprised me, and I was always reminded of what my mother used to say, “Son, if you can’t handle it any other way, remind yourself of love and kindness.”

    Jean was big on disclosure. We had lots of arguments on disclosure. She wanted to know if my son had a bicycle, and I wanted to know some things about her which on most occasions were confidential.

    I couldn’t get over her ability to sway people. She would win you over one way or another. She was a super lady.

    One time, I attended a Washoe County Candidates Night meeting. Most of the attendees were women, and although, I felt welcome, I felt uneasy.

    Jean Ford was a real legislative model. Not many people can serve in the Legislature as a representative of both parties and still be loved by all.

    She had a great deal of respect for her two daughters and talked about them continually. As the Majority Leader stated, she made Nevada a better place to live, and I have to agree. One of the beautiful parts of serving here is that you meet and work with some very special people.  Jean was one of those.

    Senator Neal:

    Thank you, Madam President. I rise in support of Senate Concurrent Resolution No. 29. As indicated by the Majority Leader, Jean Ford was elected to the Legislature at the same time as we were. However, I knew Jean Ford before she was elected to the Legislature. I met her when she was touring Clark County during the League of Women Voters’ activity. We struck up a friendship at that time and continued on until she came to the Assembly and was later elected to serve in the Senate. Our friendship grew after she was elected to the Senate because she had certain issues which gave her concern, and I played a part in those. One of the issues she was mostly concerned about was establishing a library system throughout the State of Nevada. The first bill which dealt with that issue and created a bond issue of approximately $20 million came through the committee of which I was chairman at the time. We were able to get it passed. Jean pulled me into the whole library thing. We traveled across the State together. She was also very big on the parks in the State. I guess we visited every park in this State. One time, we were travelling to Elko, Nevada. I drove and she asked to ride there with me. We must have stopped at every little place that was significant to the park system. She had a little book with her and explained to me about each place we visited. Finally, we attended the National Library Conference in Washington, D. C. It was probably the first time such a conference was held in the United States. She knew I was kind of heavy on parliamentary law so she convinced the group to have me chair a group of citizens from all over the country. There were about six hundred people in the group. When I stepped up to the podium to chair this particular group, we soon found that some members of the group were coming after me in terms of parliamentary matters. They had an opportunity to learn about some of my skills in that area. I found we were taking over the conference, and it ran very smoothly. Jean was very big on these types of things. I had occasion to appear before her in committee here in the Senate, and she asked very good questions about issues. From the time I knew her and associated with her, she was an individual without prejudice. She saw people as people, and she was concerned with issues. She did not care who was involved if it was a good issue that involved advancement of this State. You always found Jean Ford supporting those issues. I know that her children, whom I have met, meant a great deal to her.

    The State of Nevada has lost a good citizen with the death of Jean Ford. The contribution this woman made in this body and as a private individual working with civic clubs, league of women voters and others. She took on some very tough issues during the sixties and early seventies. Jean Ford was in the foray on all of those major issues during this period. She did a very good job in terms of changing the attitude of this State. When she came to the Senate, it only followed that she would make changes and impress people like myself.

    We certainly miss her. I was saddened to hear of her death because I had lost a very good friend, colleague and one who I felt had made a great contribution to this State.

    Senator Titus:

    My association with Jean Ford was more academic than political. I met Jean in 1978 during my first year of teaching at UNLV. Jean was working on her Masters and was assigned to be my graduate assistant. She went on to teach Women in Politics at UNR and served as a mentor for hundreds of young women over the years as Director of the Women’s Studies Program. She also founded the Nevada Women’s Archives and Women’s History Project which will be part of her permanent legacy. While it is fitting that we do this memorial today, one of the nice things about the end of Jean’s life is that we were able to recognize her and tell her while she was still alive how much we loved her and how much she meant to us personally and to Nevada as a state.

    Resolution adopted.

    Senator Raggio moved that all rules be suspended and that Senate Concurrent Resolution No. 29 be immediately transmitted to the Assembly.

    Motion carried unanimously.

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, April 7, 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. 45.

                                                                                 Susan Furlong Reil

                                                                        Assistant Chief Clerk of the Assembly

MOTIONS, RESOLUTIONS AND NOTICES

    Assembly Concurrent Resolution No. 45—Commending the Reno Chamber Orchestra for 25 years of contribution to the arts in the State of Nevada.

    Whereas, The Reno Chamber Orchestra is celebrating 25 years of inspired musical performances of repertoire written for the smaller, more intimate orchestra; and

    Whereas, The Reno Chamber Orchestra has added immeasurably to the cultural life of the residents of the Truckee Meadows and Northern Nevada; and

    Whereas, The Reno Chamber Orchestra has provided a forum for the extraordinary wealth of musical talent in the Reno area and for nationally and internationally recognized artists, including showcasing the musical compositions of Reno composers by performing their works; and

    Whereas, The two December performances of Handel’s Messiah by this talented orchestra have become a family Christmas tradition for many Northern Nevadans; and

    Whereas, Through its annual College Concerto Competition, the only one of its kind in the State of Nevada, the Reno Chamber Orchestra continues to foster the careers of young, aspiring musicians enrolled in the University of Nevada or Nevada residents enrolled full time in a university elsewhere, including allowing the winner the opportunity to perform with the Reno Chamber Orchestra; and

    Whereas, The Reno Chamber Orchestra makes all performances accessible to young music students from public schools by encouraging businesses to support the arts through the underwriting of student ticket costs; and

    Whereas, By traveling to rural Nevada communities, the Reno Chamber Orchestra brings chamber music performances to communities that would not otherwise have access to performances by such a professional orchestra; and

    Whereas, The Reno Chamber Orchestra has demonstrated its support for showcasing Reno as an arts community by participating in Uptown, Downtown, ARTown, Reno’s annual summer arts festival, by holding two free concerts for the community; and

    Whereas, The hard work and loyal support of Amici della Musica, a dedicated group of volunteers who have helped raise money for the orchestra, is invaluable to the success of the orchestra and is greatly appreciated by the Board of Directors and musicians of the Reno Chamber Orchestra; and

    Whereas, The vision and leadership of Maestro Vahe Khochayan, and 8 of the original 20 accomplished musicians still playing this 1998-1999 Silver Anniversary season, including Maestro Khochayan, Jack Beck, Katherine Jerome, Valerie Nelson, Lani Oelrich, Marilyn Sevilla-Gunther, Eileen Tibbits and Ginny Tilton, have served to enrich the cultural lives of Northern Nevadans; and

    Whereas, The members of the Reno Chamber Orchestra enhance the quality of musical instruction in Washoe County schools and educate the young people of Northern Nevada in the enjoyment of chamber orchestra music; now, therefore, be it

    Resolved by the assembly of the State of Nevada, the Senate Concurring, That the members of the Nevada Legislature do hereby commend and congratulate the Reno Chamber Orchestra for 25 years of contributions to the arts in the State of Nevada; and be it further

    Resolved, That the Nevada Legislature does hereby applaud the artistic leadership and vision of Maestro Vahe Khochayan in bringing to the Reno area outstanding musicians who have become vital to the music programs of the public schools and the University of Nevada, including guest soloists who have greatly enhanced the musical performances of the Reno Chamber Orchestra; and be it further

    Resolved, That the residents of the State of Nevada are hereby encouraged to take advantage of all opportunities to attend performances of the Reno Chamber Orchestra whenever possible; and be it further

    Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the Board of Directors of the Reno Chamber Orchestra.

    Senator Mathews moved the adoption of the resolution.

    Remarks by Senator Mathews.

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

    Thank you, Madam President. I’d like to say that prior to 25 years ago, I had never been to a performance of the Messiah. I was one of the people who was blessed to be there at that performance. I am pleased to tell you that I was raised on blue grass music and the blues. So, I had not been exposed to the kind of music that I heard when I got to Reno. I did not know that the little instrument they were playing was called a violin; I thought it was a fiddle. It did not sound like the fiddle I had heard in the South. I am so pleased to have been exposed to that music and that my children were exposed to the music performed by the Reno Chamber Orchestra. My children have a greater appreciation for all music because of it. I think all of the children and people of the Reno-Truckee Meadows area have been blessed. Now, I understand people all over the State of Nevada are privileged to hear them since they travel to many communities so that people can hear and have a greater appreciation of the music that they produce. I am so pleased to have been exposed to their music, and I think it has made me a better person.

    Resolution adopted.

    Senator Wiener moved that Senate Bill No. 357 be taken from the General File and placed on the Secretary’s desk.

    Remarks by Senator Wiener.

    Motion carried.

    Senator O’Connell moved that Senate Bill No. 213 be placed on the bottom of the Second Reading File.

    Remarks by Senator O’Connell.

    Motion carried.

    Senator Rawson moved that Assembly Bill No. 275 be placed at the top of the General File.

    Remarks by Senator Rawson.

    Motion carried.

    Senator Townsend moved that Senate Bills Nos. 128, 131 be taken from the General File and placed on the Secretary’s desk.

    Remarks by Senator Townsend.

    Motion carried.

SECOND READING AND AMENDMENT

    Senate Bill No. 197.

    Bill read second time.

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

    Amendment No. 138.

    Amend the bill as a whole by deleting sections 2 and 3 and inserting:

    “Secs. 2 and 3.  (Deleted by amendment.)”.

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

    “Sec. 4.  As used in sections 4 to 21, inclusive, of this act, unless the context otherwise requires, “subcommittee” means the advisory subcommittee on fetal alcohol syndrome of the advisory board on maternal and child health.”.

    Amend sec. 5, page 3, by deleting lines 4 through 7 and inserting:

    “Sec. 5.  1.  The advisory subcommittee on fetal alcohol syndrome of the advisory board on maternal and child health is hereby created. The subcommittee consists of 11 members, as follows:

    (a) The chairman of the advisory board shall appoint:

        (1) One member who:

            (I) Is a member of the advisory board and is a member of the state board of health; or

            (II) Is a member of the advisory board if no member of the advisory board is a member of the state board of health;”.

    Amend sec. 5, page 3, by deleting lines 9 through 12 and inserting “family services;”.

    Amend sec. 5, page 3, line 13, by deleting “(2)” and inserting “(3)”.

    Amend sec. 5, page 3, line 14, by deleting “organization.” and inserting: “organization;

        (4) One member who represents persons who operate community‑based programs for the prevention or treatment of substance abuse;

        (5) One member who is a judge of a juvenile or family court in this state; and

        (6) One member who represents a statewide organization for the prevention of perinatal substance abuse.”.

    Amend sec. 5, page 3, line 15, by deleting “(c)” and inserting “(b)”.

    Amend sec. 5, page 3, line 17, by deleting “(d)” and inserting “(c)”.

    Amend sec. 5, page 3, by deleting lines 19 through 29.

    Amend sec. 5, page 3, line 30, by deleting “(g)” and inserting “(d)”.

    Amend sec. 5, page 3, line 31, after “faculty” by inserting: “of the department of pediatrics”.

    Amend sec. 5, pages 3 and 4, by deleting lines 33 through 40 on page 3 and lines 1 through 4 on page 4, and inserting:

    “(e) The chief of the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation shall appoint one member who is an employee of the bureau.

    (f) The superintendent of public instruction is an ex officio member of the subcommittee and may, if he wishes, designate a person to serve on the subcommittee in his place or to attend a meeting of the subcommittee in his place.”.

    Amend sec. 5, page 4, line 8, by deleting “governor.” and inserting: “chairman of the advisory board.”.

    Amend sec. 5, page 4, line 9, by deleting “board” and inserting “subcommittee”.

    Amend sec. 5, page 4, line 10, by deleting “board” and inserting “subcommittee”.

    Amend sec. 6, page 4, line 12, by deleting “board” and inserting “subcommittee”.

    Amend sec. 6, page 4, line 13, by deleting “board” and inserting “subcommittee”.

    Amend sec. 6, page 4, line 15, by deleting “board” and inserting “subcommittee”.

    Amend sec. 6, page 4, line 17, by deleting: “initial and ex officio members,” and inserting: “ex officio member,”.

    Amend sec. 6, page 4, line 18, by deleting “board” and inserting “subcommittee”.

    Amend sec. 6, page 4, by deleting lines 20 through 22 and inserting: “of the subcommittee may be reappointed. A vacancy in an appointed position”.

    Amend sec. 6, page 4, by deleting lines 25 through 29.

    Amend sec. 7, page 4, by deleting lines 30 and 31 and inserting:

    “Sec. 7.  1.  The subcommittee shall meet at the call of the chairman as often as required to perform its duties..

    Amend sec. 7, page 4, line 32, by deleting “board” and inserting “subcommittee”.

    Amend sec. 7, page 4, line 34, by deleting “board.” and inserting “subcommittee.”.

    Amend sec. 7, page 4, by deleting line 35 and inserting: “3.  The health division shall provide necessary staff to assist the subcommittee in”.

    Amend sec. 8, page 4, line 37, by deleting “board” and inserting “subcommittee”.

    Amend sec. 8, page 4, line 38, by deleting “board,” and inserting “subcommittee,”.

    Amend sec. 8, page 5, line 1, by deleting “board” and inserting “subcommittee”.

    Amend sec. 8, page 5, by deleting line 4 and inserting:

    “(b) Any other member of the subcommittee must be paid by the health division.”.

    Amend sec. 8, page 5, line 5, by deleting “board” and inserting “subcommittee”.

    Amend sec. 8, page 5, line 8, by deleting “board” and inserting “subcommittee”.

    Amend sec. 8, page 5, line 10, by deleting “board” and inserting “subcommittee”.

    Amend sec. 9, page 5, lines 13 and 14, by deleting: “board shall assist:

    1.  The and inserting: “advisory board and the subcommittee shall:

    1.  Assist the”.

    Amend sec. 9, page 5, lines 17 and 18, by deleting: “syndrome for distribution to patients;

    2.  The department and inserting: “syndrome.

    2.  Assist the University of Nevada School of Medicine”.

    Amend sec. 9, page 5, by deleting line 19 and inserting: “guidelines it is required to develop”.

    Amend sec. 9, page 5, line 20, by deleting the italicized semicolon and inserting an italicized period.

    Amend sec. 9, page 5, lines 21 and 22, by deleting: “The department in determining, based upon the annual report submitted to the board and inserting: “Determine, based in part upon the annual report submitted to the advisory board”.

    Amend sec. 9, page 5, line 26, by deleting the italicized semicolon and inserting an italicized period.

    Amend sec. 9, page 5, by deleting lines 27 through 37 and inserting:

    “4.  Develop and promote guidelines for the prevention of the consumption of alcohol by women during pregnancy. The guidelines must be developed with the goal of increasing the use of programs for the treatment of substance abuse by women before, during and after pregnancy.

    5.  Develop with the assistance of the University of Nevada School of Medicine, model curricula relating to fetal alcohol syndrome that meet the continuing education requirements applicable to providers of health care and other services.

    6.  Promote the availability of and distribute the model curricula developed pursuant to subsection 5.

    7.  Review the statistical data reported to the health division relating to the incidence of fetal alcohol syndrome in this state..

    Amend sec. 10, page 6, by deleting lines 6 through 9 and inserting: “identifying pupils who may be suffering from fetal alcohol syndrome and offering to provide the parents of those pupils with a referral for diagnostic services and treatment.”.

    Amend sec. 10, page 6, line 10, by deleting “A toll-free” and inserting: “If a toll-free telephone service is otherwise provided by the health division, the use of that”.

    Amend sec. 10, page 6, by deleting lines 15 through 19 and inserting:

    “2.  The subcommittee shall periodically evaluate the program”.

    Amend sec. 11, page 6, line 23, by deleting “section 10” and inserting: “sections 4 to 21, inclusive,”.

    Amend sec. 11, page 6, by deleting lines 24 through 26 and inserting:

    “2.  The health division shall account separately for the money received from those gifts, grants or contributions. The administrator of the health division shall administer the account, and all claims against the account must be approved by the administrator before they are paid.”.

    Amend sec. 11, page 6, line 27, by deleting “develop and”.

    Amend sec. 11, page 6, by deleting line 28 and inserting: “out the provisions of sections 4 to 21, inclusive, of this act.”.

    Amend sec. 11, page 6, line 29, by deleting: “advisory board on fetal alcohol syndrome” and inserting “subcommittee”.

    Amend sec. 11, page 6, line 30, by deleting “director” and inserting: “administrator of the health division”.

    Amend sec. 11, page 6, by deleting line 31 and inserting: “account. The administrator shall consider the recommendations of the subcommittee.”.

    Amend sec. 12, pages 6 and 7, by deleting lines 38 through 41 on page 6 and lines 1 through 4 on page 7, and inserting:

    “2.  The subcommittee shall review, amend, adopt and distribute the guidelines developed by the University of Nevada School of Medicine pursuant to subsection 1.”.

    Amend the bill as a whole by adding a new section designated sec. 12.5, following sec. 12, to read as follows:

    “Sec. 12.5.  If a pregnant woman is referred to the health division by a provider of health care or other services for information relating to programs for the prevention and treatment of fetal alcohol syndrome, any report relating to the referral or other associated documentation is confidential and must not be used in any criminal prosecution of the woman.”.

    Amend sec. 13, page 7, by deleting sec. 13 and inserting:

    “Sec. 13.  (Deleted by amendment.)”.

    Amend sec. 14, page 8, line 8, by deleting “department” and inserting “health division”.

    Amend sec. 14, page 8, line 9, by deleting “department.” and inserting “health division.”.

    Amend sec. 15, page 8, line 18, by deleting “department” and inserting “health division”.

    Amend sec. 15, page 8, line 19, by deleting “department.” and inserting “health division.”.

    Amend sec. 16, page 8, line 30, by deleting “department” and inserting “health division”.

    Amend sec. 16, page 8, line 31, by deleting “department.” and inserting “health division.”.

    Amend sec. 17, page 8, line 33, by deleting “department” and inserting “health division”.

    Amend sec. 18, page 8, lines 35 and 36, by deleting: “department shall:

    (a) Conduct research to determine and inserting: “subcommittee shall identify”.

    Amend sec. 18, page 8, line 37, by deleting “(1)” and inserting “(a)”.

    Amend sec. 18, page 8, line 38, by deleting “(2)” and inserting “(b)”.

    Amend sec. 18, pages 8 and 9, by deleting lines 40 and 41 on page 8 and lines 1 through 8 on page 9, and inserting:

    “2.  On or before a date specified by the advisory board, the subcommittee shall submit to the advisory board an annual report consisting of its findings.”.

    Amend sec. 19, page 9, by deleting line 9 and inserting: “Sec. 19.  The health division shall develop and maintain a system for”.

    Amend sec. 19, page 9, line 10, by deleting “includes,” and inserting “may include,”.

    Amend sec. 19, page 9, line 16, after the italicized semicolon by inserting “and”.

    Amend sec. 19, page 9, by deleting lines 18 and 19 and inserting “perinatal care.”.

    Amend the bill as a whole by deleting sections 20 and 21 and inserting:

    “Secs. 20 and 21.  (Deleted by amendment.)”.

    Amend sec. 22, page 10, by deleting lines 24 through 26 and inserting:

    1.  “Advisory board” means the advisory board on maternal and child health.

    2.  “Department” means the department of human resources.”.

    Amend sec. 22, page 10, line 27, by deleting “[3.] 2.” and inserting “3.”.

    Amend sec. 22, page 10, line 29, by deleting “[4.] 3.” and inserting:

    “4.  “Fetal alcohol syndrome” includes fetal alcohol effects.

    5.”.

    Amend sec. 22, page 10, line 31, by deleting “4.” and inserting “6.”.

    Amend the bill as a whole by adding new sections designated sections 22.3, 22.5 and 22.7, following sec. 22, to read as follows:

    “Sec. 22.3.  NRS 442.115 is hereby amended to read as follows:

    442.115 1.  The state board of health, upon the recommendation of the state health officer, shall adopt regulations governing examinations and tests required for the discovery in infants of preventable or inheritable disorders, including tests for the presence of sickle cell anemia.

    2.  Any physician, midwife, nurse, maternity home or hospital of any nature attendant on or assisting in any way whatever any infant, or the mother of any infant, at childbirth shall make or cause to be made an examination of the infant, including standard tests, to the extent required by regulations of the state board of health as necessary for the discovery of conditions indicating such disorders.

    3.  If the examination and tests reveal the existence of such conditions in an infant, the physician, midwife, nurse, maternity home or hospital attendant on or assisting at the birth of the infant shall immediately:

    (a) Report the condition to the local health officer of the county or city within which the infant or the mother of the infant resides, and the local health officer of the county or city in which the child is born; and

    (b) Discuss the condition with the parent, parents or other persons responsible for the care of the infant and inform them of the treatment necessary for the amelioration of the condition.

    4.  An infant is exempt from examination and testing if either parent files a written objection with the person or institution responsible for making the examination or tests.

    Sec. 22.5.  NRS 629.151 is hereby amended to read as follows:

    629.151 It is unlawful to obtain any genetic information of a person without first obtaining the informed consent of the person or the person’s legal guardian pursuant to NRS 629.181, unless the information is obtained:

    1.  By a federal, state, county or city law enforcement agency to establish the identity of a person or dead human body;

    2.  To determine the parentage or identity of a person pursuant to NRS 56.020;

    3.  To determine the paternity of a person pursuant to NRS 126.121 or 425.384;

    4.  For use in a study where the identities of the persons from whom the genetic information is obtained are not disclosed to the person conducting the study;

    5.  To determine the presence of certain preventable or inheritable disorders in an infant pursuant to NRS 442.115 or a provision of federal law; or

    6.  Pursuant to an order of a court of competent jurisdiction.

    Sec. 22.7.  NRS 629.171 is hereby amended to read as follows:

    629.171 It is unlawful to disclose or to compel a person to disclose the identity of a person who was the subject of a genetic test or to disclose genetic information of that person in a manner that allows identification of the person, without first obtaining the informed consent of that person or his legal guardian pursuant to NRS 629.181, unless the information is disclosed:

    1.  To conduct a criminal investigation, an investigation concerning the death of a person , or a criminal or juvenile proceeding;

    2.  To determine the parentage or identity of a person pursuant to NRS 56.020;

    3.  To determine the paternity of a person pursuant to NRS 126.121 or 425.384;

    4.  Pursuant to an order of a court of competent jurisdiction;

    5.  By a physician and is the genetic information of a deceased person that will assist in the medical diagnosis of persons related to the deceased person by blood;

    6.  To a federal, state, county or city law enforcement agency to establish the identity of a person or dead human body;

    7.  To determine the presence of certain [inheritable] preventable or inheritable disorders in an infant pursuant to NRS 442.115 or a provision of federal law; or

    8.  By an agency of criminal justice pursuant to NRS 179A.075.”.

    Amend the bill as a whole by deleting sections 23 through 38 and inserting:

    “Secs. 23-38.  (Deleted by amendment.)”.

    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.  The provisions of this act must be carried out within the limits of available appropriations and other resources.”.

    Amend sec. 39, page 18, line 40, by deleting “board” and inserting “subcommittee”.

    Amend sec. 39, page 18, line 41, after “syndrome” by inserting: “of the advisory board on maternal and child health”.

    Amend sec. 39, page 19, by deleting lines 1 through 36 and inserting:

    “2.  The terms of the initial members of the subcommittee expire on October 1, 2001.”.

    Amend sec. 40, page 19, line 37, after “sections” by inserting “1,”.

    Amend sec. 40, page 19, line 39, by deleting “1,”.

    Amend the title of the bill by deleting the first through fourth lines and inserting:

    “AN ACT relating to public health; creating the advisory subcommittee on fetal alcohol syndrome of the advisory board on maternal and child health and providing its duties; requiring the health division of the department of”.

    Senator Wiener moved the adoption of the amendment.

    Remarks by Senators Wiener and Raggio.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Senate Bill No. 389.

    Bill read second time.

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

    Amendment No. 303.

    Amend section 1, page 2, line 7, by deleting “100,000” and inserting “50,000”.

    Amend section 1, page 2, line 32, by deleting “100,000” and inserting “50,000”.

    Amend section 1, page 2, line 36, by deleting “100,000” and inserting “50,000”.

    Amend section 1, page 3, line 17, by deleting “100,000” and inserting “50,000”.

    Amend sec. 2, page 3, line 29, by deleting “100,000” and inserting “50,000”.

    Amend sec. 2, page 3, line 34, by deleting “100,000” and inserting “50,000”.

    Amend sec. 2, page 3, line 39, by deleting “100,000” and inserting “50,000”.

    Amend sec. 3, page 4, line 3, by deleting “100,000” and inserting “50,000”.

    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. 392.

    Bill read second time.

    The following amendment was proposed by the Committee on Commerce and Labor:

    Amendment No. 268.

    Amend section 1, page 1, line 2, by deleting “13,” and inserting “9,”.

    Amend sec. 2, page 1, by deleting lines 3 and 4 and inserting:

    “Sec. 2.  As used in sections 2 to 8, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 and 4 of this act have the”.

    Amend the bill as a whole by deleting sections 3 and 6 through 8 and renumbering sections 4 and 5 as sections 3 and 4 and sections 9 through 14 as sections 5 through 10.

    Amend sec. 9, page 2, line 28, by deleting “12,” and inserting “8,”.

    Amend sec. 10, page 3, line 7, before “An” by inserting “1.”.

    Amend sec. 10, page 3, between lines 11 and 12, by inserting:

    “2.  As used in this section:

    (a) “Infant formula” means food manufactured, packaged and labeled for consumption by children who have not attained 2 years of age.

    (b) “Medical device” means:

        (1) An article, or any part of an article, required pursuant to federal law to bear the label: “Caution: Federal law requires dispensing by or on the order of a physician”; or

        (2) An article defined by federal law as a medical device which:

            (I) Is intended for use in the diagnosis of disease or other conditions or in the cure, mitigation, treatment or prevention of disease in man or other animals or to affect the structure or any function of the body of man or other animals;

            (II) Does not achieve any intended purpose through chemical action within the body; and

            (III) Does not depend upon being metabolized for the achievement of any intended purpose.

    (c)“Nonprescription drug” means a nonnarcotic medicine or drug that may be sold without a prescription and is prepackaged for use by the customer or prepared by the manufacturer or producer for use by the customer. The term does not include herbal products, dietary supplements, botanical extracts or vitamins.”.

    Amend sec. 11, page 3, between lines 26 and 27, by inserting:

    “3.  As used in this section, “unused property” means tangible personal property acquired by an informal merchant directly from the manufacturer, producer, wholesaler or retailer of the property in the ordinary course of business which has never been used since its manufacture or production or which is in its original, unopened package or container.”.

    Amend sec. 12, page 3, line 28, by deleting “11,” and inserting “7,”.

    Amend sec. 13, page 3, line 35, by deleting “Price” and inserting “Product”.

    Amend sec. 13, page 3, line 38, by deleting “Price” and inserting “Product”.

    Amend sec. 13, page 3, line 40, by deleting “Price” and inserting “Product”.

    Amend sec. 13, page 3, line 41, by deleting “the” and inserting “a”.

    Amend sec. 13, page 3, line 42, by deleting “Price” and inserting “Product”.

    Amend the title of the bill, third line, by deleting “Price” and inserting “Product”.

    Senator Amodei moved the adoption of the amendment.

    Remarks by Senator Amodei.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Senate Bill No. 412.

    Bill read second time.

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

    Amendment No. 342.

    Amend section 1, page 2, line 10, after “act” by inserting: “by the other parent”.

    Amend sec. 2, page 2, line 25, after “act” by inserting: “by the other parent”.

    Amend sec. 2, page 2, line 27, after “act” by inserting: “by the other parent”.

    Amend sec. 2, page 2, line 33, after “act” by inserting: “by the other parent”.

    Amend sec. 3, page 3, line 30, after “act” by inserting: “by the other parent”.

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

    “Sec. 4.  This act becomes effective on July 1, 1999.”.

    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. 442.

    Bill read second time.

    The following amendment was proposed by the Committee on Transportation:

    Amendment No. 324.

    Amend section 1, page 1, line 3, by deleting: “[during the hours of daylight]” and inserting: “during the hours of daylight”.

    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. 445.

    Bill read second time and ordered to third reading.

    Senate Bill No. 490.

    Bill read second time.

    The following amendment was proposed by the Committee on Transportation:

    Amendment No. 361.

    Amend section 1, page 1, line 4, by deleting: “state highway fund. Five” and inserting: “motor vehicle fund. Twenty-five”.

    Amend section 1, page 1, line 8, by deleting “state highway” and inserting “motor vehicle”.

    Amend section 1, pages 1 and 2, by deleting lines 10 through 19 on page 1 and line 1 on page 2 and inserting:

    “2.  The department shall use the money in the account to pay the expenses involved in issuing special license plates.

    3.  Money in the account must be used only for the purpose specified in subsection 2.

    4.  At the end of each fiscal year, the state controller shall transfer from the account to the state highway fund an amount of money equal to the balance in the account which exceeds $50,000.”.

    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. 532.

    Bill read second time.

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

    Amendment No. 302.

    Amend section 1, page 1, line 11, after the period by inserting: “If Thursday of a particular week is not a banking day, then such a deposit must be made on the next banking day following that Thursday.”.

    Amend section 1, page 1, line 14, by deleting “working” and inserting “[working] banking”.

    Amend section 1, page 2, by deleting lines 1 through 3 and inserting:

    “5.  Except as otherwise provided by this subsection, money received by the division of state parks of the state department of conservation and natural resources must be deposited not later than 10 working days after the date of receipt. If on any day the division of state parks of the state department of conservation and natural resources has accumulated for deposit $1,000 or more since the last deposit, the money must be deposited not later than the next banking day.”.

    Senator O’Connell moved the adoption of the amendment.

    Remarks by Senator O’Connell.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Senate Bill No. 213.

    Bill read second time.

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

    Amendment No. 216.

    Amend section 1, page 2, between lines 9 and 10, by inserting:

    “4.  The board of trustees of a school district may revoke its approval for a pupil to participate in a class or extracurricular activity at a public school pursuant to subsection 3 if the board of trustees or the public school determines that the pupil has failed to comply with applicable statutes, or applicable rules and regulations of the board of trustees, the public school or an association for interscholastic activities. If the board of trustees so revokes its approval, neither the board of trustees nor the public school are liable for any damages relating to the denial of services to the pupil.”.

    Amend the bill as a whole by renumbering sections 2 through 6 as sections 6 through 10 and adding new sections designated sections 2 through 5, following section 1, to read as follows:

    “Sec. 2.  NRS 387.123 is hereby amended to read as follows:

    387.123 1.  The count of pupils for apportionment purposes includes all pupils who are enrolled in programs of instruction of the school district or pupils who reside in the county in which the school district is located and are enrolled in any charter school for:

    (a) Pupils in the kindergarten department.

    (b) Pupils in grades 1 to 12, inclusive.

    (c) Pupils not included under paragraph (a) or (b) who are receiving special education pursuant to the provisions of NRS 388.440 to 388.520, inclusive.

    (d) Children detained in detention homes, alternative programs and juvenile forestry camps receiving instruction pursuant to the provisions of NRS 388.550, 388.560 and 388.570.

    (e) Pupils who are enrolled in classes pursuant to subsection 3 of NRS 386.560.

    (f) Pupils who are enrolled in classes pursuant to subsection 3 of NRS 392.070.

    (g) Part-time pupils enrolled in classes and taking courses necessary to receive a high school diploma[.] , excluding those pupils who are included in paragraphs (e) and (f).

    2.  The state board shall establish uniform regulations for counting enrollment and calculating the average daily attendance of pupils. In establishing such regulations for the public schools, the state board:

    (a) Shall divide the school year into 10 school months, each containing 20 or fewer school days.

    (b) May divide the pupils in grades 1 to 12, inclusive, into categories composed respectively of those enrolled in elementary schools and those enrolled in secondary schools.

    (c) Shall prohibit the counting of any pupil specified in subsection 1 more than once.

    3.  Except as otherwise provided in subsection 4 and NRS 388.700, the state board shall establish by regulation the maximum pupil-teacher ratio in each grade, and for each subject matter wherever different subjects are taught in separate classes, for each school district of this state which is consistent with:

    (a) The maintenance of an acceptable standard of instruction;

    (b) The conditions prevailing in the school district with respect to the number and distribution of pupils in each grade; and

    (c) Methods of instruction used, which may include educational television, team teaching or new teaching systems or techniques.

If the superintendent of public instruction finds that any school district is maintaining one or more classes whose pupil-teacher ratio exceeds the applicable maximum, and unless he finds that the board of trustees of the school district has made every reasonable effort in good faith to comply with the applicable standard, he shall, with the approval of the state board, reduce the count of pupils for apportionment purposes by the percentage which the number of pupils attending those classes is of the total number of pupils in the district, and the state board may direct him to withhold the quarterly apportionment entirely.

    4.  A charter school is not required to comply with the pupil-teacher ratio prescribed by the state board pursuant to subsection 3.

    Sec. 3.  NRS 387.1233 is hereby amended to read as follows:

    387.1233 1.  Except as otherwise provided in subsection 2, basic support of each school district must be computed by:

    (a) Multiplying the basic support guarantee per pupil established for that school district for that school year by the sum of:

        (1) Six-tenths the count of pupils enrolled in the kindergarten department on the last day of the first school month of the school year, including, without limitation, the count of pupils who reside in the county and are enrolled in any charter school.

        (2) The count of pupils enrolled in grades 1 to 12, inclusive, on the last day of the first school month of the school year, including, without limitation, the count of pupils who reside in the county and are enrolled in any charter school.

        (3) The count of pupils not included under subparagraph (1) or (2) who are receiving special education pursuant to the provisions of NRS 388.440 to 388.520, inclusive, on the last day of the first school month of the school year, excluding the count of pupils who have not attained the age of 5 years and who are receiving special education pursuant to subsection 1 of NRS 388.490 on that day.

        (4) Six-tenths the count of pupils who have not attained the age of 5 years and who are receiving special education pursuant to subsection 1 of NRS 388.490 on the last day of the first school month of the school year.

        (5) The count of children detained in detention homes, alternative programs and juvenile forestry camps receiving instruction pursuant to the provisions of NRS 388.550, 388.560 and 388.570 on the last day of the first school month of the school year.

        (6) The count of pupils who are enrolled in classes for at least one semester pursuant to subsection 3 of NRS 386.560 or subsection 3 of NRS 392.070, expressed as a percentage of the total time services are provided to those pupils per school day in proportion to the total time services are provided during a school day to pupils who are counted pursuant to subparagraph (2).

    (b) Multiplying the number of special education program units maintained and operated by the amount per program established for that school year.

    (c) Adding the amounts computed in paragraphs (a) and (b).

    2.  If the enrollment of pupils on the last day of the first school month of the school year in a school district or a charter school is less than the enrollment of pupils in the same school district or charter school on the last day of the first school month for the immediately preceding school year, the larger number must be used for purposes of apportioning money from the state distributive school account to that school district or charter school pursuant to NRS 387.124.

    3.  Pupils who are excused from attendance at examinations or have completed their work in accordance with the rules of the board of trustees must be credited with attendance during that period.

    4.  Pupils who are incarcerated in a facility or institution operated by the department of prisons must not be counted for the purpose of computing basic support pursuant to this section. The average daily attendance for such pupils must be reported to the department of education.

    5.  Part-time pupils who are enrolled in courses which are approved by the department as meeting the requirements for an adult to earn a high school diploma must not be counted for the purpose of computing basic support pursuant to this section. The average daily attendance for such pupils must be reported to the department.

    Sec. 4.  NRS 387.1243 is hereby amended to read as follows:

    387.1243 1.  The first apportionment based on an estimated number of pupils and special education program units and succeeding apportionments are subject to adjustment from time to time as the need therefor may appear.

    2.  The apportionments to a school district may be adjusted during a fiscal year by the department of education, upon approval by the board of examiners and the interim finance committee, if the department of taxation and the county assessor in the county in which the school district is located certify to the department of education that the school district will not receive the tax levied pursuant to subsection 1 of NRS 387.195 on property of the Federal Government located within the county if:

    (a) The leasehold interest, possessory interest, beneficial interest or beneficial use of the property is subject to taxation pursuant to NRS 361.157 and 361.159 and one or more lessees or users of the property are delinquent in paying the tax; and

    (b) The total amount of tax owed but not paid for the fiscal year by any such lessees and users is at least 5 percent of the proceeds that the school district would have received from the tax levied pursuant to subsection 1 of NRS 387.195.

If a lessee or user pays the tax owed after the school district’s apportionment has been increased in accordance with the provisions of this subsection to compensate for the tax owed, the school district shall repay to the distributive school account in the state general fund an amount equal to the tax received from the lessee or user for the year in which the school district received an increased apportionment, not to exceed the increase in apportionments made to the school district pursuant to this subsection.

    3.  On or before August 1 of each year, the board of trustees of a school district shall provide to the department, in a format prescribed by the department, the count of pupils calculated pursuant to subparagraph (6) of paragraph (a) of subsection 1 of NRS 387.1233 who completed at least one semester during the immediately preceding school year. The count of pupils submitted to the department must be included in the final adjustment computed pursuant to subsection 4.

    4.  A final adjustment must be computed as soon as practicable following the close of the school year, but not later than August 25. The final computation must be based upon the actual counts of pupils required to be made for the computation of basic support and the limits upon the support of special education programs, except that for any year when the total enrollment of pupils and children described in paragraphs (a), (b), (c) and (d) of subsection 1 of NRS 387.123 is greater on the last day of any school month after the second school month and the increase in enrollment shows at least:

    (a) A 3 percent gain, basic support as computed from first month enrollment must be increased by 2 percent.

    (b) A 6 percent gain, basic support as computed from first month enrollment must be increased by an additional 2 percent.

    [4.] 5. If the final computation of apportionment for any school district or charter school exceeds the actual amount paid to the school district or charter school during the school year, the additional amount due must be paid before September 1. If the final computation of apportionment for any school district or charter school is less than the actual amount paid to the school district or charter school during the school year, the difference must be repaid to the state distributive school account in the state general fund by the school district or charter school before September 25.

    Sec. 5.  NRS 392.035 is hereby amended to read as follows:

    392.035 1.  In determining the mobility of pupils in a school, for any purpose, the department shall divide the sum of the following numbers by the cumulative enrollment in the school:

    (a) The number of late entries or transfers into a school from another school, school district or state, after the beginning of the school year;

    (b) The number of pupils reentering the school after having withdrawn from the same school; and

    (c) The number of pupils who withdraw for any reason or who are dropped for nonattendance.

    2.  To determine the cumulative enrollment of the school pursuant to subsection 1, the department shall add the total number of pupils enrolled in programs of instruction in the school who are included in the count for apportionment purposes pursuant to paragraphs (a), (b) , [and] (c) , (e) and (f) of subsection 1 of NRS 387.123 and the number of pupils included in paragraphs (a) and (b) of subsection 1.

    3.  The department shall develop and distribute to the county school districts a form upon which the information necessary to the formula may be submitted by the individual schools.”.

  Amend sec. 2, page 3, by deleting lines 5 and 6 and inserting:

    “4.  The board of trustees of a school district may revoke its approval for a pupil to participate in a class or extracurricular activity at a public school pursuant to subsection 3 if the board of trustees or the public school determines that the pupil has failed to comply with applicable statutes, or applicable rules and regulations of the board of trustees, the public school or an association for interscholastic activities. If the board of trustees revokes its approval, neither the board of trustees nor the public school are liable for any damages relating to the denial of services to the pupil.

    5.  The programs of special education and related services required by subsection 2 may be offered at a public school or”.

    Amend sec. 2, page 3, line 8, by deleting “5.” and inserting “6.”.

    Amend sec. 2, page 3, line 11, by deleting “6.” and inserting “7.”.

    Amend the title of the bill, by deleting the second and third lines and inserting: “certain services under certain circumstances to children in private schools, charter schools and home schools; revising provisions governing the computation of basic support to include children in private schools, charter schools and home schools who are enrolled in classes in public schools; requiring the board of trustees of”.

    Amend the summary of the bill, first line, by deleting “educational”.

    Senator Rawson moved the adoption of the amendment.

    Remarks by Senator Rawson.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

GENERAL FILE AND THIRD READING

    Assembly Bill No. 275.

    Bill read third time.

    Remarks by Senators Rawson and Coffin.

    Roll call on Assembly Bill No. 275:

    Yeas—21.

    Nays—None.

    Assembly Bill No. 275 having received a constitutional majority, Madam President declared it passed, as amended.

    Senator Rawson moved that all rules be suspended and that Assembly Bill No. 275 be immediately transmitted to the Assembly.

    Motion carried unanimously.

    Bill ordered transmitted to the Assembly.

MOTIONS, RESOLUTIONS AND NOTICES

    Senator James moved that Senate Bill No. 400 be taken from the General File and placed on the Secretary’s desk.

    Remarks by Senator James.

    Motion carried.

GENERAL FILE AND THIRD READING

    Senate Bill No. 148.

    Bill read third time.


    Roll call on Senate Bill No. 148:

    Yeas—21.

    Nays—None.

    Senate Bill No. 148 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 297.

    Bill read third time.

    Roll call on Senate Bill No. 297:

    Yeas—19.

    Nays—Coffin.

    Not    Voting—Neal.

    Senate Bill No. 297 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 351.

    Bill read third time.

    Roll call on Senate Bill No. 351:

    Yeas—20.

    Nays—None.

    Not    Voting—Coffin.

    Senate Bill No. 351 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 375.

    Bill read third time.

    Remarks by Senator Amodei.

    Roll call on Senate Bill No. 375:

    Yeas—21.

    Nays—None.

    Senate Bill No. 375 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 382.

    Bill read third time.

    Remarks by Senator Rawson.

    Roll call on Senate Bill No. 382:

    Yeas—21.

    Nays—None.

    Senate Bill No. 382 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 395.

    Bill read third time.

    Roll call on Senate Bill No. 395:

    Yeas—21.

    Nays—None.

    Senate Bill No. 395 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 396.

    Bill read third time.

    Roll call on Senate Bill No. 396:

    Yeas—21.

    Nays—None.

    Senate Bill No. 396 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 421.

    Bill read third time.

    Roll call on Senate Bill No. 421:

    Yeas—21.

    Nays—None.

    Senate Bill No. 421 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 452.

    Bill read third time.

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

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

    Senator Townsend disclosed that his wife is a real estate broker.

    Senator O’Connell disclosed that her husband is a real estate broker.

    Senator Townsend moved that Senate Bill No. 452 be taken from the General File and placed on the General File for the next legislative day.

    Remarks by Senator Townsend.

    Motion carried.

    Senate Bill No. 465.

    Bill read third time.

    Remarks by Senators Shaffer, Neal and Townsend.

    Roll call on Senate Bill No. 465:

    Yeas—19.

    Nays—None.

    Not    Voting—Coffin, Mathews—2.

    Senate Bill No. 465 having received a two-thirds majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 498.

    Bill read third time.

    Remarks by Senator Care.

    Roll call on Senate Bill No. 498:

    Yeas—21.

    Nays—None.

    Senate Bill No. 498 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 499.

    Bill read third time.

    Roll call on Senate Bill No. 499:

    Yeas—21.

    Nays—None.

    Senate Bill No. 499 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 514.

    Bill read third time.

    Roll call on Senate Bill No. 514:

    Yeas—21.

    Nays—None.

    Senate Bill No. 514 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 531.

    Bill read third time.

    Roll call on Senate Bill No. 531:

    Yeas—21.

    Nays—None.

    Senate Bill No. 531 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 58.

    Bill read third time.

    Remarks by Senators O’Donnell, Townsend, Neal, Carlton, Coffin and O’Connell.

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

    Senator Townsend disclosed that his wife is a real estate broker.

    Senator O’Connell disclosed that her husband is a real estate broker.

    Roll call on Assembly Bill No. 58:

    Yeas—21.

    Nays—None.

    Assembly Bill No. 58 having received a constitutional majority, Madam President declared it passed, as amended.

    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. 278; Senate Resolutions Nos. 6, 7; Assembly Joint Resolution No. 10.

GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR

    On request of Senator Mathews, the privilege of the floor of the Senate Chamber for this day was extended to Marilyn Sevilla-Gunther and Eileen Tibbits.

    On request of Senator Raggio, the privilege of the floor of the Senate Chamber for this day was extended to Janet Ford Spelman, former Lieutenant Governor Sue Wagner, Isabel Espinoza, Bonnie Dietrich, Vicki Roberts, Kate Butler, Tim Hulse, Betty Hulse, Jim McCormick, Louita Terlizz, Kay Sanders, Sherri Rice, Sally Wilkens, Betty Glass, Beverly Hubbard, Eileen Cohen, Hayley Spelman, Bobbie Talso, Rudy Talso, Susan Roberts, Ginnie Kersey, Bob Kersey, Natalie Ceccarelli, Megan Ceccarelli, Sandy Young, Alice Downer, Luis Bianchi and Dave Bianchi.

    On request of Senator Rawson, the privilege of the floor of the Senate Chamber for this day was extended to the following students from the Dean Allen Elementary School Audrey Mitchell, Kourtney Welte, Andrew Hybarger, Becky Owens, Jessica Fryman; Education Specialist, Sue Gurlides and the following students from the Addeliar Guy Elementary School: Ana Bergevin, Elyse Forget, Nicole Lapitan, Taylor Reardon, Cristal Richardson and Education Specialist, Kathie Beal.

    Senator Raggio moved that the Senate adjourn until Thursday, April 8, 1999 at 11 a.m. and that it do so in memory of Helen Jydstrup as requested by Senator Titus

    Motion carried.

    Senate adjourned at 1:28 p.m.

Approved:                                                                  Lorraine T. Hunt

                                                                                   President of the Senate

Attest:    Janice L. Thomas

                Secretary of the Senate