THE SEVENTY-SECOND DAY

                               

Carson City(Tuesday), April 13, 1999

    Senate called to order at 11:06 a.m.

    President Hunt presiding.

    Roll called.

    All present.

    Prayer by the Chaplain, Pastor Richard Campbell.

    Almighty and Eternal God:

    It is with thanksgiving that we enter Your presence this morning. Accept our prayer and hear our petitions. You are infinite in wisdom: Grant us insight. Unfailing in love: Grant us charity toward others. Willing to listen: Let us speak wisely. Help this Senate to deliberate wisely, to keep the needs of the people central in their thoughts and the welfare of the nation in their concerns. We pray for all those who need Your help in special ways: Those who are ill, those who are refugees, the poor, the hungry, the distressed. O God, You know their needs better than we do. Grant Your blessing. Especially we pray for these Your servants as they meet today to do the work of the people. May Your Name be glorified this day.

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 Finance, to which was referred Senate Bill No. 104, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

William J. Raggio, Chairman

Madam President:

    Your Committee on Human Resources and Facilities, to which were referred Assembly Bills Nos. 140, 305, 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 Human Resources and Facilities, to which was referred Senate Bill No. 519, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Raymond D. Rawson, Chairman

Madam President:

    Your Committee on Judiciary, to which were referred Senate Bills Nos. 327, 420, 512, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Mark A. James, Chairman


MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, April 12, 1999

To the Honorable the Senate:

    I have the honor to inform your honorable body that the Assembly on this day passed Assembly Bills Nos. 3, 279, 445, 469, 504, 601; Assembly Joint Resolution No. 12.

    Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bills Nos. 110, 157, 173, 271, 366, 439.

    Also, I have the honor to inform your honorable body that the Assembly on this day adopted Assembly Concurrent Resolution No. 25.

                                                                                 Susan Furlong Reil

                                                                        Assistant Chief Clerk of the Assembly

MOTIONS, RESOLUTIONS AND NOTICES

    Assembly Joint Resolution No. 12.

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

    Motion carried.

    Assembly Concurrent Resolution No. 25.

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

    Motion carried.

    Senator Raggio moved that Senate Bill No. 411 be taken from the Secretary’s desk and re-referred to the Committee on Finance.

    Remarks by Senator Raggio.

    Motion carried.

    Senator Care moved that Senate Bill No. 366 be taken from the Second Reading File and placed on the Secretary’s desk.

    Remarks by Senator Care.

    Motion carried.

    Senator O’Donnell gave notice that on the next legislative day he would move to rescind the motion whereby Senate Bill No. 266 was re-referred to the Committee on Finance.

Notice of Exemptions

April 13, 1999

    The Fiscal Analysis Division, pursuant to Joint Rule No. 14.6, has determined the exemption of the following bills: Senate Bills Nos. 206, 401, 469, 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;

        (c) Create or increase any significant fiscal liability of the state; or

        (d) Significantly decrease any revenue of the state.

    The Legislative Counsel shall cause to be printed on the face of the 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


INTRODUCTION, FIRST READING AND REFERENCE

    Assembly Bill No. 3.

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

    Motion carried.

    Assembly Bill No. 110.

    Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.

    Motion carried.

    Assembly Bill No. 157.

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

    Motion carried.

    Assembly Bill No. 173.

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

    Motion carried.

    Assembly Bill No. 271.

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

    Motion carried.

    Assembly Bill No. 279.

    Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.

    Motion carried.

    Assembly Bill No. 366.

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

    Motion carried.

    Assembly Bill No. 439.

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

    Motion carried.

    Assembly Bill No. 445.

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

    Motion carried.


    Assembly Bill No. 469.

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

    Motion carried.

    Assembly Bill No. 504.

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

    Motion carried.

    Assembly Bill No. 601.

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

    Motion carried.

MOTIONS, RESOLUTIONS AND NOTICES

    Senator Raggio moved that Senate Bills Nos. 104, 327, 420, 512, 519 be placed on the Second Reading File following General File.

    Remarks by Senator Raggio.

    Motion carried.

SECOND READING AND AMENDMENT

    Senate Bill No. 68.

    Bill read second time.

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

    Amendment No. 339.

    Amend sec. 8, page 4, by deleting lines 3 and 4 and inserting: “professional organizations of sheriffs and police chiefs of this state and employee organizations that represent only peace officers of this state who are certified by the commission.”.

    Amend sec. 21, page 12, by deleting lines 10 through 20 and inserting:

    “(b) Not more than 49 percent must be used to the extent of legislative”.

    Amend sec. 21, page 12, by deleting lines 23 through 28 and inserting:

        “(2) The peace officer’s standards and training [committee of the department of motor vehicles and public safety for the continuing education of persons whose primary duties are law enforcement;] commission;

        (3) The operation by the Nevada highway patrol of a computerized switching system for information related to law enforcement; and

        (4) The fund for the compensation of victims of crime.”.

    Amend sec. 28, page 16, by deleting lines 14 through 21 and inserting:

    “2.  Notwithstanding the provisions of section 8 of this act to the contrary:

    (a) Not later than July 1, 1999, the governor shall appoint the seven persons who are members of the peace officers’ standards and training committee on the effective date of this section as the initial members of the peace officers’ standards and training commission, whose terms commence on July 1, 1999, and expire on the dates upon which their respective terms on the former peace officers’ standards and training committee would have expired.

    (b) For the terms of the members of the peace officers’ standards commission who are appointed after the terms of the initial members of the peace officers’ standards commission expire, the governor shall appoint:

        (1) Four members to serve until July 1, 2001; and

        (2) Three members to serve until July 1, 2002.”.

    Amend the title of the bill by deleting the fifth and sixth lines and inserting “duties;”.

    Senator Jacobsen moved the adoption of the amendment.

    Remarks by Senator Jacobsen.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Senate Bill No. 289.

    Bill read second time.

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

    Amendment No. 387.

    Amend section 1, page 2, by deleting lines 34 through 40 and inserting:

    “3.  Nothing in this section prohibits a school district or charter school from complying with applicable federal laws, such as the Equal Access Act, 20 U.S.C. §§ 4071 et seq.”.

    Senator Washington moved the adoption of the amendment.

    Remarks by Senator Washington.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Senate Bill No. 323.

    Bill read second time.

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

    Amendment No. 397.

    Amend sec. 3, page 1, by deleting line 10 and inserting: “shall adopt standards for the placement of a”.

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

    “(b) Be placed on a foundation that complies with the standards for a foundation for a manufactured home as set forth in the Uniform Building Code in the form most recently adopted before January 1, 2000, by the International Conference of Building Officials;”.

    Amend sec. 3, page 2, line 6, by deleting the semicolon and inserting: “, unless the governing body determines that local conditions warrant a more restrictive standard;”.

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


    Amend sec. 3, page 2, line 23, by deleting “lot.” and inserting: “lot; and

    (g) Be manufactured after January 1, 1996.”.

    Amend sec. 3, page 2, line 24, after “body” by inserting: “of a local government in a county whose population is less than 25,000”.

    Amend the title of the bill, third line, by deleting “authorizing” and inserting “requiring”.

    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. 330.

    Bill read second time.

    The following amendment was proposed by the Committee on Natural Resources:

    Amendment No. 472.

    Amend section 1, page 1, by deleting lines 7 through 9 and inserting: “section must be kept confidential unless:

    1.  The reported disease is specifically regulated pursuant to NRS 571.130 for mandatory control and eradication to protect the public health, other livestock or wildlife; or

    2.  The state quarantine officer determines that a public health emergency exists.”.

    Amend the title of the bill, second line, by deleting “animals;” and inserting: “animals under certain circumstances;”.

    Senator Rhoads moved the adoption of the amendment.

    Remarks by Senators Rhoads and Neal.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Senate Bill No. 365.

    Bill read second time.

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

    Amendment No. 388.

    Amend sec. 3, page 2, line 7, by deleting: “rural fire-fighting agency;” and inserting: “fire-fighting agency at which some of the firemen are employed and some serve as volunteers;”.

    Amend sec. 3, page 2, line 9, after “by” by inserting: “or serves as a volunteer with”.

    Amend sec. 3, page 2, by deleting lines 30 through 32 and inserting:

    “6.  The governor shall not appoint to the committee two persons who are employed by or volunteer with the same organization, except the governor may appoint a person who is employed by or volunteers with the same organization of which a member who serves ex officio is an employee.”.

    Amend sec. 4, page 3, by deleting lines 7 and 8 and inserting: “the health division from money not allocated by specific statute for another use.”.

    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. 372.

    Bill read second time and ordered to third reading.

    Senate Bill No. 397.

    Bill read second time.

    The following amendment was proposed by the Committee on Natural Resources:

    Amendment No. 304.

    Amend section 1, page 1, line 1, by deleting “321” and inserting “277”.

    Amend section 1, page 1, by deleting line 2 and inserting: “the provisions set forth as sections 2 and 3 of this act.”.

    Amend sec. 2, page 1, by deleting lines 13 through 15 and inserting:

    “5.  It is in the best interest of this state to ensure that certain public entities have continuing authority to enter into cooperative agreements for the preservation, protection, restoration and enhancement of such unique and irreplaceable sites in this state.”.

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

    “Sec. 3.  1.  A public entity, in cooperation with the office of historic preservation of the department of museums, library and arts, may enter into a cooperative agreement with any person, agency of the Federal Government or other public entity for the preservation, protection, restoration and enhancement of unique archaeological or historical sites in this state, including, without limitation, cooperative agreements to:

    (a) Monitor compliance with and enforce any federal or state statutes or regulations for the protection of such sites.

    (b) Ensure the sensitive treatment of such sites in a manner that provides for their long-term preservation and the consideration of the values of relevant cultures.

    (c) Apply for and accept grants and donations for the preservation, protection, restoration and enhancement of such sites.

    (d) Create and enforce:

        (1) Legal restrictions on the use of real property; and

        (2) Easements for conservation, as defined in NRS 111.410,

for the protection of such sites.

    2.  As used in this section, “public entity” means any:

    (a) Agency of this state, including the office of historic preservation;

    (b) County, city or town in this state; and

    (c) Indian tribe in this state.”.

    Amend the title of the bill to read as follows:

    “AN ACT relating to cooperative agreements; authorizing certain public entities to enter into cooperative agreements for the preservation, protection, restoration and enhancement of unique archaeological or historical sites in this state; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

    “SUMMARY—Authorizes certain public entities to enter into cooperative agreements for preservation, protection, restoration and enhancement of unique archaeological or historical sites in this state. (BDR 22‑1530)”.

    Senator Rhoads moved the adoption of the amendment.

    Remarks by Senator Rhoads.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Senate Bill No. 410.

    Bill read second time.

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

    Amendment No. 400.

    Amend section 1, page 2, line 4, by deleting the comma and inserting: “[,] and 253.0425,”.

    Amend section 1, page 2, by deleting lines 7 and 8, and inserting: “qualified person having a prior right who is willing and able to serve . [, and the estate does not exceed $25,000 in gross value.]”.

    Amend the title of the bill, first line, after “officers;” by inserting: “revising the circumstances under which a public administrator is required to petition a court for letters of administration;”.

    Amend the summary of the bill to read as follows:

    “SUMMARY—Makes various changes relating to public administrators and public guardians. (BDR 20-548)”.

    Senator O’Connell moved the adoption of the amendment.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Senate Bill No. 457.

    Bill read second time.

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

    Amendment No. 520.

    Amend section 1, page 1, line 2, by deleting: “2 and 3” and inserting: “2, 3 and 4”.

    Amend sec. 2, page 1, by deleting lines 3 through 11 and inserting:

    “Sec. 2.  “Fire suppression project” means any facilities for a municipal fire protection system, including fire stations. The term does not include any facility or portion of a facility designed for a use related to the administration of a fire department or any other use not directly related to fire fighting.”.

    Amend sec. 3, pages 1 and 2, by deleting lines 12 through 17 on page 1 and lines 1 and 2 on page 2 and inserting:

    “Sec. 3.  “Park project” means any real property, facilities and equipment for parks, including graded, regraded, graveled, surfaced, drained, cultivated and otherwise improved sites.”.

    Amend the bill as a whole by renumbering sections 4 and 5 as sections 5 and 6 and adding a new section designated sec. 4, following sec. 3, to read as follows:

    “Sec. 4.  A local government shall not impose an impact fee pursuant to this chapter if a residential construction tax is imposed by the local government pursuant to NRS 278.4983.”.

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

    “Sec. 7.  NRS 278B.160 is hereby amended to read as follows:

    278B.160 1.  [A] Except as otherwise provided in section 4 of this act, a local government may by ordinance impose an impact fee in a service area to pay the cost of constructing a capital improvement or facility expansion necessitated by and attributable to new development. Except as otherwise provided in NRS 278B.220, the cost may include only:

    (a) The estimated cost of actual construction;

    (b) Estimated fees for professional services;

    (c) The estimated cost to acquire the land; and

    (d) The fees paid for professional services required for the preparation or revision of a capital improvements plan in anticipation of the imposition of an impact fee.

    2.  All property owned by a school district is exempt from the requirement of paying impact fees imposed pursuant to this chapter.”.

    Amend the title of the bill, third line, after the semicolon by inserting: “prohibiting the imposition of an impact fee by a local government that imposes a residential construction tax;”.

    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. 468.

    Bill read second time.

    The following amendment was proposed by the Committee on Taxation:

    Amendment No. 320.

    Amend sec. 3, page 1, by deleting lines 6 through 9 and inserting: “motorboat that:

        (1) Is determined by the lowest value of comparable motorboats as estimated in the most current version of the National Automobile Dealer’s Association Marine Appraisal Guide; or

        (2) If the value of the motorboat is not set forth in the National Automobile Dealer’s Association Marine Appraisal Guide, is made by a dealer or manufacturer who has been issued a dealer’s certificate of number by the division.”.

    Amend the bill as a whole by deleting sec. 7, renumbering sections 8 and 9 as sections 12 and 13 and adding new sections designated sections 7 through 11, following sec. 6, to read as follows:

    “Sec. 7.  NRS 374.7273 is hereby amended to read as follows:

    374.7273 In administering the provisions of NRS 374.340, the department shall apply the exemption for the sale of tangible personal property delivered by the vendor to a forwarding agent for shipment out of state to include the sale of a vehicle or motorboat to a nonresident to whom a special movement permit has been issued by the department of motor vehicles and public safety pursuant to subsection 1 or 2 of NRS 482.3955.

    Sec. 8.  NRS 482.3955 is hereby amended to read as follows:

    482.3955 1.  [The] Except as otherwise provided in subsection 2, the department shall issue to any dealer, distributor, rebuilder or other person, upon request, and upon payment of a fee of $8.25, a special permit, in a form to be determined by the department, for the movement of any vehicle or motorboat to sell outside the State of Nevada, or for the movement outside [the] this state of any vehicle or motorboat purchased by a nonresident. The permit must be affixed to the vehicle or motorboat to be so moved in a manner and position to be determined by the department, and expires 15 days after its issuance.

    2.  The department shall, upon request, and upon payment of a fee not to exceed $15, issue a single special permit pursuant to subsection 1 for the movement of a trailer that is carrying a motorboat.

    3.  The department may issue a permit to a resident of this state who desires to move an unregistered vehicle within the state upon the payment of a fee of $8.25. The permit is valid for 24 hours.

    [3.] 4. The department shall, upon the request of a charitable organization which intends to sell a vehicle which has been donated to the organization, issue to the organization a permit for the operation of the vehicle until the vehicle is sold by the organization. The department shall not charge a fee for the issuance of the permit.

    5.  As used in this section, “motorboat” has the meaning ascribed to it in NRS 488.035.

    Sec. 9.  NRS 485.187 is hereby amended to read as follows:

    485.187 1.  Except as otherwise provided in subsection 5, the owner of a motor vehicle shall not:

    (a) Operate the motor vehicle, if it is registered or required to be registered in this state, without having insurance as required by NRS 485.185.

    (b) Operate or knowingly permit the operation of the motor vehicle without having evidence of insurance of the operator or the vehicle in the vehicle.

    (c) Fail or refuse to surrender, upon demand, to a peace officer or to an authorized representative of the department the evidence of insurance.

    (d) Knowingly permit the operation of the motor vehicle in violation of subsection 3 of NRS 485.186.

    2.  A person shall not operate the motor vehicle of another person unless:

    (a) He first ensures that the required evidence of insurance is present in the motor vehicle; or

    (b) He has his own evidence of insurance which covers him as the operator of the motor vehicle.

    3.  Except as otherwise provided in subsection 4, any person who violates subsection 1 or 2 shall be punished by a fine of not less than $600 nor more than $1,000 for each violation. The fine must be reduced to $100 for the first violation if the person obtains a motor vehicle liability policy not later than 30 days after the fine is imposed, unless:

    (a) The person has registered the vehicle as part of a fleet of vehicles pursuant to subsection 5 of NRS 482.215; or

    (b) The person has been issued a certificate of self-insurance pursuant to NRS 485.380.

    4.  A court:

    (a) Shall not fine a person for a violation of paragraph (a), (b) or (c) of subsection 1 or for a violation of subsection 2 if he presents evidence to the court that the insurance required by NRS 485.185 was in effect at the time demand was made for it.

    (b) Except as otherwise provided in paragraph (a), may impose a fine of $1,000 for a violation of paragraph (a), (b) or (c) of subsection 1, and suspend the fine on the condition that the person presents proof to the court each month for 12 months that the insurance required by NRS 485.185 is currently in effect.

    5.  The provisions of paragraphs (b) and (c) of subsection 1 do not apply if the motor vehicle in question displays a valid permit issued by the department pursuant to subsection 1 or [2] 3 of NRS 482.3955, or NRS 482.396, 482.3965, 482.423 or 482.424 authorizing the movement or operation of that vehicle within the state for a limited time.

    Sec. 10.  NRS 488.085 is hereby amended to read as follows:

    488.085 The owner of any motorboat already covered by a number in [full force and] effect which [has been] was awarded to it pursuant to [then operative federal law or] a federally approved numbering system of another state shall record the number [prior to] before operating the motorboat on the waters of this state in excess of the 90‑day reciprocity period provided for in NRS 488.175. [Such recordation shall] The recordation must be in the manner and pursuant to the procedure required for the award of a number under NRS 488.075, but no additional or substitute number [shall] may be issued.

    Sec. 11.  NRS 488.175 is hereby amended to read as follows:

    488.175 1.  Except as otherwise provided in subsection 2, a motorboat need not be numbered pursuant to the provisions of this chapter if it is:

    (a) Already covered by a number in effect which [has been] was awarded or issued to it pursuant to [federal law or] a federally approved numbering system of another state if the boat has not been on the waters of this state for a period in excess of 90 consecutive days.

    (b) A motorboat from a country other than the United States temporarily using the waters of this state.

    (c) A public vessel of the United States, a state or a political subdivision of a state.

    (d) A ship’s lifeboat.

    (e) A motorboat belonging to a class of boats which has been exempted from numbering by the division of wildlife of the state department of conservation and natural resources after the division has found:

        (1) That the numbering of motorboats of that class will not materially aid in their identification; and

        (2) If an agency of the Federal Government has a numbering system applicable to the class of motorboats to which the motorboat in question belongs, that the motorboat would also be exempt from numbering if it were subject to the federal law.

    2.  The division of wildlife may, by regulation, provide for the issuance of exempt numbers for motorboats not required to be registered under the provisions of this chapter.

    3.  A motorboat need not be titled pursuant to the provisions of this chapter, if it [is] :

    (a) Is already covered by a certificate of ownership which [has been] was awarded or issued to it pursuant to the title system of another state[.] ; or

    (b) Has been documented pursuant to chapter 121 of Title 46 of U.S.C.”.

    Amend sec. 8, page 4, lines 27 and 28, by deleting: “motorboat, and remit the” and inserting: “motorboat. The division of wildlife may retain 2 percent of the amount collected to cover its administrative costs of collecting the taxes, and shall remit the remaining”.

    Amend sec. 9, page 4, by deleting lines 34 through 36 and inserting:

    “Sec. 13.  1.  This section and sections 1, 10 and 11 of this act become effective upon passage and approval.

    2.  Section 3 of this act becomes effective upon passage and approval for the purpose of adopting regulations and on July 1, 2000, for all other purposes.

    3.  Sections 2, 4 to 9, inclusive, and 12 of this act become effective on July 1, 2000.”.


    Amend the title of the bill to read as follows:

    “AN ACT relating to motorboats; providing for the imposition of certain taxes on certain sales of used motorboats; excluding the value of a motorboat taken in trade from the sales price of a motorboat for the purposes of certain taxes; revising the provisions governing the administration of the exemption from certain taxes for the sale of tangible personal property to be shipped outside this state to include the sale of a motorboat to a nonresident under certain circumstances; requiring the department of motor vehicles and public safety to issue a special permit for the movement of a motorboat under certain circumstances; exempting a motorboat that has been documented pursuant to federal law from the requirement of obtaining a title pursuant to the provisions governing watercraft; and providing other matters properly relating thereto.”.

    Senator McGinness moved the adoption of the amendment.

    Remarks by Senators McGinness and James.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Senate Bill No. 470.

    Bill read second time.

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

    Amendment No. 465.

    Amend section 1, page 1, by deleting lines 4 and 5 and inserting: “may request technical assistance from the department of taxation to carry out the duties of the commission. Upon such a request, the department of taxation shall provide to that commission such technical assistance to the extent that resources are available.”.

    Amend sec. 3, page 3, line 8, after “more” by inserting: “who is not an elected officer or a person appointed to an elective office for an unexpired term”.

    Amend the bill as a whole by adding a new section designated sec. 5, following sec. 4, to read as follows:

    “Sec. 5.  1.  This section and sections 1, 2 and 4 of this act become effective on October 1, 1999.

    2.  Section 3 of this act becomes effective on January 1, 2000.”.

    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. 471.

    Bill read second time.

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

    Amendment No. 464.

    Amend section 1, page 1, line 6, by deleting “$2,000” and inserting “$5,000”.

    Amend section 1, page 1, by deleting lines 8 and 9 and inserting: “of the measure must indicate:

    1.  That the measure contains an unfunded mandate; and

    2.  Whether the measure was requested by or on behalf of one or more of the local governments that will be required by the measure to establish, provide or increase the program or service.”.

    Amend sec. 2, page 2, line 5, by deleting “$2,000” and inserting “$5,000”.

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

    “AN ACT relating to local governments; requiring a legislative measure to include on its face certain disclosures concerning unfunded mandates under certain circumstances; placing a”.

    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. 472.

    Bill read second time.

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

    Amendment No. 398.

    Amend sec. 5, page 4, by deleting lines 22 through 25 and inserting: “he is eligible to serve. This petition for appointment as guardian must be made by the public administrator regardless of the amount of assets in the guardianship estate if no other qualified person having a prior right is willing and able to serve.”.

    Amend sec. 7, page 5, by deleting lines 34 through 37 and inserting: “to serve. If no other qualified person having a prior right is willing and able to serve, the public administrator or other suitable person designated by the board shall petition for appointment as guardian regardless of the amount of assets in the estate of the proposed ward.”.

    Amend the title of the bill, fifth and sixth lines, by deleting: “appointment as guardian of a ward;” and inserting: “letters of administration;”.

    Senator Titus moved the adoption of the amendment.

    Remarks by Senator Titus.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Senate Bill No. 476.

    Bill read second time and ordered to third reading.

    Senate Bill No. 484.

    Bill read second time and ordered to third reading.

    Senate Bill No. 502.

    Bill read second time and ordered to third reading.

    Senate Bill No. 508.

    Bill read second time.

    The following amendment was proposed by the Committee on Finance:

    Amendment No. 443.

    Amend section 1, page 1, line 15, by deleting “reimbursement for” and inserting: “donation or as a reimbursement for or advance payment of ”.

    Amend section 1, page 1, after line 18, by inserting:

    “6.  If the balance in the account is below $5,000, the state land registrar may request an allocation from the contingency fund pursuant to NRS 353.266, 353.268 and 353.269.”.

    Amend sec. 2, page 2, line 3, by deleting “$10,000.” and inserting “$20,000.”.

    Senator Raggio moved the adoption of the amendment.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Senate Bill No. 522.

    Bill read second time and ordered to third reading.

    Senate Bill No. 523.

    Bill read second time and ordered to third reading.

    Senate Bill No. 528.

    Bill read second time.

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

    Amendment No. 468.

    Amend sec. 3, page 2, by deleting lines 22 and 23.

    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. 529.

    Bill read second time and ordered to third reading.

    Senate Bill No. 534.

    Bill read second time and ordered to third reading.

    Senate Bill No. 535.

    Bill read second time and ordered to third reading.

    Senate Bill No. 536.

    Bill read second time and ordered to third reading.

 

    Senate Bill No. 538.

    Bill read second time and ordered to third reading.

    Senate Joint Resolution No. 14.

    Resolution read second time and ordered to third reading.

GENERAL FILE AND THIRD READING

    Senate Bill No. 61.

    Bill read third time.

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

    Senator Townsend moved that Senate Bill No. 61 placed on the bottom of the General File.

    Remarks by Senators Townsend and James.

    Motion carried.

    Senate Bill No. 71.

    Bill read third time.

    Remarks by Senators Raggio and Neal.

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

    Senator Raggio:

    Thank you, Madam President. Some extended remarks are probably in order on Senate Bill No. 71. In 1993, the Legislature enacted S.C.R. No. 40 which required the Legislative Commission to study the most appropriate method of establishing a legislative budget. This was an idea we had discussed prior to that time for a number of sessions.

    There was an interim committee that conducted the study, and it made a number of recommendations. These recommendations and those from an earlier study make up what the legislative budget review procedures are that we have in use today. Some of the changes have been noteworthy. We had changes in the budget format which have changed dramatically over the last three or four sessions. Also, we created joint subcommittees. All of these were designed to deal with the fact that budgets were growing. When I first came here, the budget was a small volume. Today we have three large volumes. We have changed our procedures in the money committees in dealing with reviews of the budget which have necessitated the use of joint subcommittees so that there could be more detailed examination of the budget. These subcommittees then make recommendations to the full committee.

    The interim study also recommended that the Legislature involve itself earlier in the budget development allowing prospective members to meet in advance of the legislative session. That is one of the things we did this session. We have in the past had recess meetings for the money committees to deal with the budget. The budget now comes to us because of the change in the Constitution two weeks before the session, and therefore, the money committees meet for that purpose.

    The study committee that I had reference to in 1993 also requested a formal legal opinion on the Legislature’s constitutional authority to expand its role in the formation of a state budget. The opinion that was obtained at the request of Assemblywoman Jan Evans, who was the Chairman of the Legislative Commissions’ committee to study the methods of establishing a legislative budget office. The legal opinion of our Legislative Counsel concluded that the formulation of the state’s budget is clearly a legislative prerogative. This is in response to concerns that were raised that the Legislature somehow was usurping executive authority. It was quite the contrary because Nevada’s Constitution does not contain any provision requiring the Governor to submit a budget. That is something that the Legislature has delegated to the Executive Branch, but there is clearly authority for the Legislature to establish its own budget. In many states, historically, the responsibility for preparation of the proposed budget has been delegated to the executive branch because it had the resources and the expertise necessary. A great number of legislatures did not have the ability or the staff to do so unlike Nevada where we do have a continuing fiscal staff that does have the ability to do exactly what we are proposing. There are states, such as Colorado, Idaho, Arizona, Arkansas and Texas that have developed a very strong legislative presence in the budget development process. They do, along with the governor, prepare a basic legislative budget. Those states develop only a legislative budget, or they do one that would be comparable to the governor’s budget.

    This bill requires the formulation of a separate legislative budget along the same lines and in the same format as the executive budget. This does not diminish the role of the Governor in submitting a proposed budget nor his ability to present, justify or defend the executive proposals and priorities. That is in response to some of the concerns that were raised in the committee by the budget office director.

    Section 2 authorizes the Fiscal Analysis Division to prepare the legislative proposal in the same format and with the same components as the executive budget. Section 3 installs the Interim Finance Committee as the body to oversee and guide the preparation of the legislative proposal. Section 7 includes provisions requiring the sharing of information electronically between the Budget Division and Fiscal Analysis Division on the agency requests. This is not really anything new but it does ensure that the process will be there to fulfill this requirement. Section 7 again requires identical computer coding schemes to be used by both agencies. That is essentially what the bill does. It pretty much will allow the Legislature to prepare a budget. It does not require a legislative budget office. That was one of the concerns originally when the bill was heard before.

    I might indicate that a similar measure setting forth a legislative budget office did pass this Senate two sessions ago. It then died in the Assembly under pressure from the Governor’s office, even though the Assembly had co-sponsored the bill initially. This is similar legislation with the exception that it does not have the requirement of a legislative budget office. The fiscal staff has adequate capabilities, as we have been assured, to help create this situation. It does have a modest fiscal note which indicates that there would be no additional cost to the budget division. The Fiscal Analysis Division would need a one-time allocation of $60,880 for the anticipated computer programming cost to create a side-by-side comparison of the two budget proposals. This is what is done in those states that do authorize both an executive and a legislative budget.

    The upside of it is that it allows the legislature to develop its own budget along with an executive budget, so that we are not accused of being a “rubber stamp” for the executive budget and are not into a situation that presently exists where, as a practical matter, we are pretty well confined to looking at the executive budget and then committed to that, both in the base and the maintenance budgets and the enhancements that go along with them, which would be the ability of the legislature’s will to create its own from that base.

    Senator Neal:

    Madam President, I share the Majority Leader’s thoughts in reference to this bill. It is a good bill. The age of modernization is going to permit the Legislature, in a more rapid fashion, to develop the budget because of the functions that are laid out in the bill in terms of developing the budget codes. Each function would be assigned a code by which they would conduct their spending. The Legislative Counsel Bureau would be able to pull those codes up and see just where the money is going and how it is being spent. I think this is a good addition to our process of looking at the budget and developing a budget in this Legislature.

    Roll call on Senate Bill No. 71:

    Yeas—19.

    Nays—Coffin, Titus—2.

    Senate Bill No. 71 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.


Senate Bill No. 73.

    Bill read third time.

    Roll call on Senate Bill No. 73:

    Yeas—21.

    Nays—None.

    Senate Bill No. 73 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 157.

    Bill read third time.

    Roll call on Senate Bill No. 157:

    Yeas—21.

    Nays—None.

    Senate Bill No. 157 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 168.

    Bill read third time.

    Roll call on Senate Bill No. 168:

    Yeas—21.

    Nays—None.

    Senate Bill No. 168 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 218.

    Bill read third time.

    Remarks by Senator Carlton.

    Roll call on Senate Bill No. 218:

    Yeas—21.

    Nays—None.

    Senate Bill No. 218 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 244.

    Bill read third time.

    Roll call on Senate Bill No. 244:

    Yeas—21.

    Nays—None.

    Senate Bill No. 244 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 262.

    Bill read third time.

    Roll call on Senate Bill No. 262:

    Yeas—21.

    Nays—None.

    Senate Bill No. 262 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 288.

    Bill read third time.

    Remarks by Senator Washington.

    Roll call on Senate Bill No. 288:

    Yeas—21.

    Nays—None.

    Senate Bill No. 288 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 302.

    Bill read third time.

    Remarks by Senators Neal, O’Donnell, Rawson, Titus and Rhoads.

    Roll call on Senate Bill No. 302:

    Yeas—17.

    Nays—Carlton, Rhoads, Schneider, Titus—4.

    Senate Bill No. 302 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 310.

    Bill read third time.

    Remarks by Senator Rhoads.

    Roll call on Senate Bill No. 310:

    Yeas—21.

    Nays—None.

    Senate Bill No. 310 having received a two-thirds majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 338.

    Bill read third time.

    Roll call on Senate Bill No. 338:

    Yeas—21.

    Nays—None.


    Senate Bill No. 338 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 346.

    Bill read third time.

    Remarks by Senators Neal and Rawson.

    Roll call on Senate Bill No. 346:

    Yeas—21.

    Nays—None.

    Senate Bill No. 346 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 381.

    Bill read third time.

    Remarks by Senators James, Neal, Titus, Rawson and Coffin.

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

    Senator James:

    Thank you, Madam President, I would like to make a few comments on this bill in light of some of the comments that were made on the amendment yesterday. We do a lot here on this floor that has to do with adding to the laws of Nevada, more laws regulating people’s lives in every conceivable way. This is a chance for everybody here to vote for a little less law and a little bit less government in their lives.

    What this bill does, as you can see very clearly from the summary from the Legislative Counsel Bureau and also the title of the bill, is to prohibit the use of these electronic devices for the observation and detection of traffic violations. The certain circumstances are that there has to be a police officer involved. It gets at the root of the problem which is allowing mechanical enforcement of the laws without discretion and with all of the failings that machines have. Everybody who watched us put this new computer system in last session, and this session, knows there are many failings in computer systems. That is why groups around the country have banded together to prevent these kinds of techniques from being used to enforce the laws.

    There is a group called the National Motorists Association that has compiled all kinds of statistics about this. They point out that these machines, sometimes called Photo-Cops or Photo-Radar, do have a lot of failings. First of all, they send out the tickets long after you allegedly committed the violation, making it almost impossible to defend yourself or to come up with the reason why you might have been speeding or even to dispute the fact that you were, in fact, speeding. It makes it almost impossible to defend it yourself and makes you guilty until proven innocent. Whereas, if you are stopped by a police officer as the bill requires, then you can put together the facts necessary to defend yourself in a later proceeding if you are, in fact, issued a citation in the discretion of that officer.

    The bill protects all of those rights. I might note that the American Civil Liberties Union seems to be a fairly vigilant organization when it comes to measures that are introduced in the Legislature that they think would be taking away the rights of the people. The National ACLU is challenging these plans across the country as being unconstitutional. I found it remarkable that the Nevada ACLU did not even show up and testify on this bill pending in the Nevada Legislature which would have supported exactly what they are doing nationally. Maybe they just missed that headline. Nevertheless, the bill would deal with all of those issues. It would be a little bit less government. As to those people who say we need this kind of thing to prevent traffic accidents, there are all kinds of things that we have to do to prevent traffic accidents. Nobody is endorsing reckless driving or negligent driving or running red lights or anything else. What they are endorsing is prudent and just enforcement of the laws that we have.

    Finally, I would note that I checked with my co-sponsor, who is the Majority Leader of the Assembly, who was very happy with the amendments and gives his wholehearted support to the bill, as amended. I would urge this body to do the same.

    Senator Neal:

    Madam President, I am opposed to this particular bill, Senate Bill No. 381. I am opposed to it because cameras are still a part of this proposal in subsection 2 of the bill. If it did not have that in it, I could very well support the legislation. What we seem to be doing here is opening a door whereby electronic picture-taking of motorists can be used to prosecute an individual. I understand that they are trying to cure this by saying that the officer must be present and use the supposition here that “if” immediately after the electronic device observes or detects such a violation, a police officer stops the driver of the motor vehicle who is observed or detected committing the violation. That is not enough to cure this. If the officer is going to be present in the first place, then you do not need this. But to allow this device to be placed in law, we are heading down that road where it would be a common practice for policemen to use photos of individuals and, thereby, charge them with a crime. The policemen’s duty is never to be simple because we give these individuals an enormous amount of power to stop citizens, to search and to arrest. To add this provision of electronic surveillance is to make real that old saying, “Big Brother is watching you,” meaning that in this case, the police force.

    I think it is the wrong public policy to have this inserted into our law because once you crack that door, then next session and the next, it would begin to get wider and wider and more things, I think, would be applied. It is this body’s responsibility and its duty to protect our citizens from unnecessary intrusion. We should not put this type of policy into our statutes. The policemen have cars and communication devices in which they can communicate with one another. They have a presence. Their cars are marked. Why should we then allow the police to put a camera upon every intersection and, thereby, start citing citizens who might commit a violation. This is the wrong direction to take, I think, for this body in passing this legislation. As I said, we do not know where it is going to end up. We thought that when Hitler had his Beer Hall Pustsch that he would not become the Prime Minister of Germany. It wound up that way. We saw all of the destruction that that caused the world and the people who reside there. We have to be vigilant in watching this type of legislation and see that it not become a springboard for other things. We have not seen a need in the whole 26 years that I have been representing the people from District  4 in this Legislature to put this type of policy in the law. Of course someone said the other day, we have these cameras now that are put into the police cars to observe when an officer stops someone. I can understand that. But that is not used to cite someone and is not used to create a criminal offense. This bill creates a criminal offense by use of cameras. I think it is wrong public policy to have this put into our statutes. Therefore, I will be voting against this.

    Senator Titus:

    I share the sponsor’s suspicion of machines. In fact, I’m a bit of a Luddite myself. I also agree with my colleague from North Las Vegas who opposes “Big Brother,” and I have voted against unnecessary expansion of wire taps and intrusion by government into our bedrooms. Nonetheless, I could not support the original bill prohibiting cameras because Las Vegas is fast becoming one of the most dangerous cities in the country in terms of pedestrian deaths. As traffic has increased in the wake of tremendous population growth in southern Nevada, accidents and pedestrian deaths have also increased. A March 9, 1999, article in the Las Vegas Review- Journal reported that 87 people died in Las Vegas because of aggressive driving in 1996, an average of eight deaths per 100,000 people. Aggressive driving was defined as speeding, tailgating, running red lights, weaving in and out of traffic and failing to yield; it did not include drunk driving. The study, conducted by the Surface Transportation Policy Project, found that bad driving is most likely found in cities suffering from urban sprawl and a lack of effective public transit. For that reason, I could not support a measure which might tie law enforcement’s hands and deprive them of a potential tool for saving lives.

    The amendment added to the bill yesterday, however, addresses my concerns, and I can now vote for this bill which limits the use of cameras to certain circumstances but does not prohibit it.

    Senator James:

    Thank you, Madam President. If I could just clarify something that I thought I had clarified yesterday. We are not opening the door by setting down the circumstances under which law enforcement is prohibited from using these kinds of devices because the door is open right now. They can do it, and they are doing it. The reason I brought up the bill was because they made a proposal to do it in Las Vegas at all the intersections. There was a proposal made to have the cameras up and have that be the basis of citations. It is not like we are opening a door. There is no door and nothing preventing local government from doing it. Remember that California, which is the worst state for this, has all these photo radar things all over the state and citizens are up in arms about it because there are all kinds of problems with them. They do not have a state law. If their state legislature had said to take a very careful look at this and see if we want this in California and then set out specific parameters under which it could be done which are very narrow like this bill does, California would not have this haphazard Photo-Radar enforcement all over and in different localities which all comes down to dollars. Everybody is talking about saving lives, but when local governments want to do this, most of the time, in California when they did these things, they wanted to send out these tickets by mail and save money on police officers and issue lots of tickets and make a whole ton of money for local government. Nobody can fight them, and the public has to pay them. There is no evidence on the other side that this has not raised a whole ton of money for local governments across the country wherever they have done it.

    We are not starting “Big Brother” here. We are curbing it here and preventing “Big Brother” from being the method of enforcing traffic laws. There already are cameras at every intersection. It is just a question of whether they are going to use those cameras to issue citations. There already are traffic control cameras. If you go down DI, there are cameras underneath that overpass, for whatever reason, I don’t know. The cameras are everywhere on the streets. All I am trying to do with the bill is make it so that they can not use them to indiscriminately enforce the traffic laws so a ticket shows up in your mail box, and you do not know where it came from. That is what this is all about. This came from local proposals. You say that we are doing something here that could be expanded in later sessions. You know what, it could also be closed up in later sessions. We might decide to take out subsection 2 because we do not want to have any kind of use of this. Right now, the Chairman of Transportation listened to both sides, and he came up with this amendment. I think it is a very good amendment. Just like the Minority Leader said, this is going to make the bill better. It will not tie law enforcement hands but will curb the use of these machines and “Big Brother.”

    Senator Rawson:

    Thank you, Madam President. I am not on the Judiciary Committee and was not there for any of the discussion. I am wondering about the number of cameras that have been installed for traffic control. There could be some advantage if following a serious accident, the record that those cameras produced could help straighten out what really happened in certain situations. You might be able to determine who really was at fault. I am wondering if this bill in any way will affect any civil litigation that might come out of this in the future.

    Senator James:

    Thank you, Madam President. Through you and to the Chairman of the Human Resources and Facilities Committee, no, it does not. This only prevents the use of these devices without a police officer present if it is to cite somebody for a criminal violation. It would not preclude the forensic use of footage from these cameras.

    Senator Coffin:

    Thank you, Madam President. I would like to ask the previous speaker if this would prohibit the local government from using these devices and not issuing citations but rather issuing warnings to the people or in some way indicating that they or their vehicle has been observed going through a red light, etc. I do not know if a local government would want to do that. Perhaps, that would not make anybody happy that does not like big government and the cameras. On the other hand, testimony on the amendment by Senator O’Donnell was compelling as has been stated here earlier, that we do have quite a few traffic related fatalities by people just trying to selfishly save their time. Would we then be prohibiting a local government from using these devices, not for citations, but simply to tell people that their vehicle has been seen and should then change their behavior?

    Senator James:

    No, it would not do that because it is codified in Chapter 484, No. 1, which talks about the word “violation.” Violation means that you have been issued a violation of the law. A warning is not a violation.

    Roll call on Senate Bill No. 381:

    Yeas—19.

    Nays—Carlton, Neal—2.

    Senate Bill No. 381 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 404.

    Bill read third time.

    Remarks by Senators James and Carlton.

    Senator Carlton disclosed that her husband is a parole officer.

    Roll call on Senate Bill No. 404:

    Yeas—21.

    Nays—None.

    Senate Bill No. 404 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 479.

    Bill read third time.

    Remarks by Senator Rawson.

    Senator Rawson disclosed that he is a dentist.

    Roll call on Senate Bill No. 479:

    Yeas—21.

    Nays—None.

    Senate Bill No. 479 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 482.

    Bill read third time.

    Remarks by Senators Neal and James.

    Roll call on Senate Bill No. 482:

    Yeas—20.

    Nays—Care.

    Senate Bill No. 482 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 489.

    Bill read third time.

    Remarks by Senators McGinness, Neal, Rawson and Raggio.

    Senator Porter moved that Senate Bill No. 489 be taken from the General File and placed on the General File for the next legislative day.

    Remarks by Senator Porter.

    Motion carried.

    Senate Bill No. 492.

    Bill read third time.

    Remarks by Senators Neal and James.

    Roll call on Senate Bill No. 492:

    Yeas—21.

    Nays—None.

    Senate Bill No. 492 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 507.

    Bill read third time.

    Roll call on Senate Bill No. 507:

    Yeas—20.

    Nays—Neal.

    Senate Bill No. 507 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 515.

    Bill read third time.

    Remarks by Senator James.

    Roll call on Senate Bill No. 515:

    Yeas—21.

    Nays—None.

    Senate Bill No. 515 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 517.

    Bill read third time.

    Remarks by Senator Raggio.

    Roll call on Senate Bill No. 517:

    Yeas—21.

    Nays—None.

    Senate Bill No. 517 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

MOTIONS, RESOLUTIONS AND NOTICES

    Senator Townsend moved that Senate Bill No. 61 be taken from the General File and placed on the General File for the next legislative day.

    Remarks by Senator Townsend.

    Motion carried.

SECOND READING AND AMENDMENT

    Senate Bill No. 104.

    Bill read second time.

    The following amendment was proposed by the Committee on Finance:

    Amendment No. 445.

    Amend section 1, page 3, line 6, by deleting “2002-2003” and inserting “2000-2001”.

    Amend section 1, page 3, by deleting lines 12 and 13 and inserting: “by a single private entity or the department of education. In the first year that the examinations are administered, the results of the examinations must be used solely to gather information and data concerning the examinations.

    (c) On or before [January 1,] February 28, 2000, the standards of content and”.

    Amend section 1, page 3, line 18, by deleting “2003-2004” and inserting “2001-2002”.

    Amend section 1, page 3, line 24, after “education.” by inserting: “In the first year that the examinations are administered, the results of the examinations must be used solely to gather information and data concerning the examinations.”.

    Amend section 1, page 4, by deleting lines 19 through 24 and inserting: “standards and examinations that have been adopted by the state board of education pursuant to subsection 4.”.

    Senator Raggio moved the adoption of the amendment.

    Remarks by Senator Raggio.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Senate Bill No. 327.

    Bill read second time.

    The following amendment was proposed by the Committee on Judiciary:

    Amendment No. 542.

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

    “Section 1.  Chapter 179A of NRS is hereby amended by adding thereto a new section to read as follows:

    “Authorized agent” means a person who is:

    1.  Subject to compliance with the provisions of the Fair Credit Reporting Act, 15 U.S.C. §§ 1681 et seq.;

    2.  Authorized by an employer to disseminate information to the employer to be used in making a decision to hire, retain, suspend or discharge an employee, a prospective employee, a volunteer or a prospective volunteer; and

    3.  Acting on behalf of the employer who authorized him to disseminate information to the employer to be used in making a decision to hire, retain, suspend or discharge an employee, a prospective employee, a volunteer or a prospective volunteer.

    Sec. 2.  NRS 179A.010 is hereby amended to read as follows:

    179A.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 179A.020 to 179A.073, inclusive, and section 1 of this act have the meanings ascribed to them in those sections.

    Sec. 3.  NRS 179A.100 is hereby amended to read as follows:

    179A.100 1.  The following records of criminal history may be disseminated by an agency of criminal justice without any restriction pursuant to this chapter:

    (a) Any which reflect records of conviction only; and

    (b) Any which pertain to an incident for which a person is currently within the system of criminal justice, including parole or probation.

    2.  Without any restriction pursuant to this chapter, a record of criminal history or the absence of such a record may be:

    (a) Disclosed among agencies which maintain a system for the mutual exchange of criminal records.

    (b) Furnished by one agency to another to administer the system of criminal justice, including the furnishing of information by a police department to a district attorney.

    (c) Reported to the central repository.

    3.  An agency of criminal justice shall disseminate to a prospective employer, or his authorized agent, upon request, records of criminal history concerning a prospective employee or volunteer which:

    (a) Reflect convictions only; or

    (b) Pertain to an incident for which the prospective employee or volunteer is currently within the system of criminal justice, including parole or probation.

    4.  The central repository shall disseminate to a prospective or current employer, or his authorized agent, upon request, information relating to sexual offenses concerning an employee, a prospective employee, a volunteer or a prospective volunteer who gives his written consent to the release of that information.

    5.  Records of criminal history must be disseminated by an agency of criminal justice , upon request, to the following persons or governmental entities:

    (a) The person who is the subject of the record of criminal history for the purposes of NRS 179A.150.

    (b) The person who is the subject of the record of criminal history or his attorney of record when the subject is a party in a judicial, administrative, licensing, disciplinary or other proceeding to which the information is relevant.

    (c) The state gaming control board.

    (d) The state board of nursing.

    (e) The private investigator’s licensing board to investigate an applicant for a license.

    (f) A public administrator to carry out his duties as prescribed in chapter 253 of NRS.

    (g) A public guardian to investigate a ward or proposed ward or persons who may have knowledge of assets belonging to a ward or proposed ward.

    (h) Any agency of criminal justice of the United States or of another state or the District of Columbia.

    (i) Any public utility subject to the jurisdiction of the public utilities commission of Nevada when the information is necessary to conduct a security investigation of an employee or prospective employee, or to protect the public health, safety or welfare.

    (j) Persons and agencies authorized by statute, ordinance, executive order, court rule, court decision or court order as construed by appropriate state or local officers or agencies.

    (k) Any person or governmental entity which has entered into a contract to provide services to an agency of criminal justice relating to the administration of criminal justice, if authorized by the contract, and if the contract also specifies that the information will be used only for stated purposes and that it will be otherwise confidential in accordance with state and federal law and regulation.

    (l) Any reporter for the electronic or printed media in his professional capacity for communication to the public.

    (m) Prospective employers , or their authorized agents, if the person who is the subject of the information has given written consent to the release of that information by the agency which maintains it.

    (n) For the express purpose of research, evaluative or statistical programs pursuant to an agreement with an agency of criminal justice.

    (o) The division of child and family services of the department of human resources and any county agency that is operated pursuant to NRS 432B.325 or authorized by a court of competent jurisdiction to receive and investigate reports of abuse or neglect of children and which provides or arranges for protective services for such children.

    (p) The welfare division of the department of human resources or its designated representative.

    (q) An agency of this or any other state or the Federal Government that is conducting activities pursuant to Part D of Title IV of the Social Security Act , [(]42 U.S.C. §§ 651 et seq.[).]

    (r) The state disaster identification team of the division of emergency management of the department of motor vehicles and public safety during a state of emergency proclaimed pursuant to NRS 414.070.

    6.  Agencies of criminal justice in this state which receive information from sources outside this state concerning transactions involving criminal justice which occur outside Nevada shall treat the information as confidentially as is required by the provisions of this chapter.

    Sec. 4.  NRS 179A.110 is hereby amended to read as follows:

    179A.110 [No]

    1.  Except as otherwise provided in this section, a person who receives information relating to sexual offenses or other records of criminal history pursuant to this chapter may not disseminate [it] the information relating to sexual offenses or other records of criminal history further without express authority of law or in accordance with a court order.

    2.  An authorized agent may disseminate information relating to sexual offenses or other records of criminal history to the employer on whose behalf the authorized agent obtained the information relating to sexual offenses or other records of criminal history.

    3.  This section does not prohibit the dissemination of material by an employee of the electronic or printed media in his professional capacity for communication to the public.

    Sec. 5.  NRS 179A.130 is hereby amended to read as follows:

    179A.130 1.  Each agency of criminal justice [which] that maintains and disseminates information relating to sexual offenses or other records of criminal history [must] shall maintain a log of each dissemination of [that] information relating to sexual offenses or other records of criminal history other than a dissemination of the fact that the agency has no record relating to a certain person. [The]

    2.  An authorized agent who disseminates information relating to sexual offenses or other records of criminal history to the employer on whose behalf the authorized agent obtained the information relating to sexual offenses or other records of criminal history shall maintain a log of each dissemination of information relating to sexual offenses or other records of criminal history.

    3.  A log required by subsection 1 or 2 must be maintained for at least 1 year after the information [is] relating to sexual offenses or other records of criminal history are disseminated, and must contain:

    [1.] (a) An entry showing [to what] the name of the agency or person to whom the information relating to sexual offenses or other records of criminal history were provided;

    [2.] (b) The date on which the information [was provided;

    3.] relating to sexual offenses or other records of criminal history were provided;

    (c) The name of the person who is the subject of the information[; and

    4.] relating to sexual offenses or other records of criminal history; and

    (d) A brief description of the information relating to sexual offenses or other records of criminal history that were provided.”.

    Amend the title of the bill, second line, after “employer;” by inserting: “enacting provisions governing the dissemination of such records by an authorized agent;”.

    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. 420.

    Bill read second time.

    The following amendment was proposed by the Committee on Judiciary:

    Amendment No. 423.

    Amend the bill as a whole by deleting sections 1 through 7 and adding new sections designated sections 1 through 10, following the enacting clause, to read as follows:

    “Section 1.  Chapter 202 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

    Sec. 2.  1.  To obtain approval from a sheriff to carry a firearm, an applicant for a permit must present to the sheriff a certificate or other documentation that:

    (a) Identifies the make, model and caliber of the firearm for which approval is sought;

    (b) Is issued by an instructor of a course in firearm safety which is approved by a sheriff pursuant to subparagraph (1) of paragraph (d) of subsection 2 of NRS 202.3657 or which is offered by a federal, state or local law enforcement agency, community college, university or national organization that certifies instructors in firearm safety; and

    (c) Indicates that the applicant has demonstrated competence in the use of the firearm.

    2.  A permittee may seek approval from the sheriff to carry a firearm for which approval was not sought in his application. To obtain approval from a sheriff for an additional firearm, the permittee must present to the sheriff a certificate or other documentation that:

    (a) Identifies the make, model and caliber of the firearm for which approval is sought;

    (b) Is issued by an instructor of a course in firearm safety which is approved by a sheriff pursuant to subparagraph (1) of paragraph (d) of subsection 2 of NRS 202.3657 or which is offered by a federal, state or local law enforcement agency, community college, university or national organization that certifies instructors in firearm safety; and

    (c) Indicates that the permittee has demonstrated competence in the use of the firearm.

    3.  If a sheriff approves a firearm pursuant to this section, the sheriff shall forward the information provided in subsection 1 or 2 to the central repository for Nevada records of criminal history. Any information forwarded to the central repository for Nevada records of criminal history pursuant to this subsection must be maintained in accordance with the provisions governing confidentiality set forth in NRS 202.3662.

    Sec. 3.  1.  A person who is not a resident of this state and who possesses a permit to carry a concealed firearm that was issued by another state whose requirements for the issuance of that permit are substantially similar to the requirements set forth in NRS 202.3653 to 202.369, inclusive, may carry a concealed firearm in this state in accordance with the requirements set forth in this section.

    2.  Except as otherwise provided in subsection 3, a person who is authorized to carry a concealed firearm pursuant to subsection 1 and who wishes to carry a concealed firearm in this state must:

    (a) Report to the sheriff of the county in which he is present;

    (b) Obtain from the sheriff a sticker to be affixed to his permit to carry a concealed firearm and a printed copy of the provisions of NRS 202.3653 to 202.369, inclusive; and

    (c) Pay to the sheriff a fee equal to the cost of providing the sticker and the printed copy of the provisions of NRS 202.3653 to 202.369, inclusive.

    3.  A person is not required to comply with the provisions of subsection 2 if the person:

    (a) Is present in this state for a period of less than 72 hours; or

    (b) Previously obtained a sticker and a printed copy of the provisions of NRS 202.3653 to 202.369, inclusive, pursuant to subsection 2 and has in his possession a valid permit to carry a concealed firearm that has the sticker affixed to the permit.

    4.  A person who carries a concealed firearm pursuant to this section is subject to the same legal restrictions and requirements imposed upon a person who has been issued a permit to carry a concealed firearm by a sheriff in this state.

    Sec. 4.  1.  The Nevada Sheriffs and Chiefs Association shall, not later than July 1 of each year:

    (a) Examine the requirements for the issuance of a permit to carry a concealed firearm in each state and determine whether the requirements of each state are substantially similar to the requirements set forth in NRS 202.3653 to 202.369, inclusive;

    (b) Prepare a list that includes each state whose requirements for the issuance of a permit to carry a concealed firearm are substantially similar to the requirements set forth in NRS 202.3653 to 202.369, inclusive; and

    (c) Provide a copy of the list prepared pursuant to paragraph (b) to each law enforcement agency in this state.

    2.  The Nevada Sheriffs and Chiefs Association shall, upon request, make the list prepared pursuant to subsection 1 available to the general public.

    3.  If the Nevada Sheriffs and Chiefs Association ceases to exist, its legal successor shall perform the duties set forth in this section. If the legal successor to the Nevada Sheriffs and Chiefs Association ceases to exist or if there is no legal successor to the Nevada Sheriffs and Chiefs Association, the department shall perform the duties set forth in this section.

    Sec. 5.  NRS 202.3653 is hereby amended to read as follows:

    202.3653 As used in NRS 202.3653 to 202.369, inclusive, and sections 2, 3 and 4 of this act, unless the context otherwise requires:

    1.  “Concealed firearm” means a loaded or unloaded pistol, revolver or other firearm which is carried upon a person in such a manner as not to be discernible by ordinary observation.

    2.  “Department” means the department of motor vehicles and public safety.

    3.  “Permit” means a permit to carry a concealed firearm issued pursuant to the provisions of NRS 202.3653 to 202.369, inclusive.

    Sec. 6.  NRS 202.3657 is hereby amended to read as follows:

    202.3657 1.  Any person may apply to the sheriff of the county in which he resides for a permit on a form prescribed by regulation of the department. Application forms for permits must be furnished by the sheriff of each county upon request.

    2.  Except as otherwise provided in this section, the sheriff shall issue a permit [for no more than two specific firearms] to any person who is qualified to possess a firearm under state and federal law, who submits an application in accordance with the provisions of this section and who:

    (a) Is a resident of this state;

    (b) Is 21 years of age or older;

    (c) Is not prohibited from possessing a firearm pursuant to NRS 202.360; and

    (d) Demonstrates competence with a firearm by presenting a certificate or other documentation to the sheriff which shows that he:

        (1) Successfully completed a course in firearm safety approved by a sheriff in this state; or

        (2) Successfully completed a course in firearm safety offered by a federal, state or local law enforcement agency, community college, university or national organization that certifies instructors in firearm safety.

Such a course must include instruction in the use of [each firearm to which the application pertains] a firearm and in the laws of this state relating to the [proper] use of a firearm. A sheriff may not approve a course in firearm safety pursuant to subparagraph (1) unless he determines that the course meets any standards that are established by the Nevada Sheriffs and Chiefs Association, or if the Nevada Sheriffs and Chiefs Association ceases to exist, its legal successor.

    3.  A permit issued by a sheriff pursuant to subsection 2 allows a permittee to carry any firearm that the permittee has been approved to carry by the sheriff pursuant to section 2 of this act.

    4.  The sheriff shall deny an application or revoke a permit if he determines that the applicant or permittee:

    (a) Has an outstanding warrant for his arrest.

    (b) Has been judicially declared incompetent or insane.

    (c) Has been voluntarily or involuntarily admitted to a mental health facility during the immediately preceding 5 years.

    (d) Has habitually used intoxicating liquor or a controlled substance to the extent that his normal faculties are impaired. For the purposes of this paragraph, it is presumed that a person has so used intoxicating liquor or a controlled substance if, during the immediately preceding 5 years, he has been:

        (1) Convicted of violating the provisions of NRS 484.379; or

        (2) Committed for treatment pursuant to NRS 458.290 to 458.350, inclusive.

    (e) Has been convicted of a crime involving the use or threatened use of force or violence punishable as a misdemeanor under the laws of this or any other state, or a territory or possession of the United States at any time during the immediately preceding [3] 5 years.

    (f) Has been convicted of a felony in this state or under the laws of any state, territory or possession of the United States.

    (g) Has been convicted of a crime involving domestic violence or stalking, or is currently subject to a restraining order, injunction or other order for protection against domestic violence.

    (h) Is currently on parole or probation from a conviction obtained in this state or in any other state or territory or possession of the United States.

    (i) Has, within the immediately preceding 5 years, been subject to any requirements imposed by a court of this state or of any other state or territory or possession of the United States, as a condition to the court’s:

        (1) Withholding of the entry of judgment for his conviction of a felony; or

        (2) Suspension of his sentence for the conviction of a felony.

    (j) Has made a false statement on any application for a permit or for the renewal of a permit.

    [4.] 5. The sheriff may deny an application or revoke a permit if he receives a sworn affidavit stating articulable facts based upon personal knowledge from any natural person who is 18 years of age or older that the applicant or permittee has or may have committed an offense or engaged in any other activity specified in subsection [3] 4 which would preclude the issuance of a permit to the applicant or require the revocation of a permit pursuant to this section.

    [5.] 6. If the sheriff receives notification submitted by a court or law enforcement agency of this or any other state, the United States or a territory or possession of the United States that a permittee or an applicant for a permit has been charged with a crime involving the use or threatened use of force or violence, the conviction for which would require the revocation of a permit or preclude the issuance of a permit to the applicant pursuant to this section, the sheriff shall suspend the person’s permit or the processing of his application until the final disposition of the charges against him. If a permittee is acquitted of the charges against him, or if the charges are dropped, the sheriff shall restore his permit without imposing a fee.

    [6.] 7. An application submitted pursuant to this section must be completed and signed under oath by the applicant. The applicant’s signature must be witnessed by an employee of the sheriff or notarized by a notary public. The application must include:

    (a) The name, address, place and date of birth, social security number, occupation and employer of the applicant and any other names used by the applicant;

    (b) A complete set of the applicant’s fingerprints taken by the sheriff or his agent;

    (c) A front-view colored photograph of the applicant taken by the sheriff or his agent;

    (d) The applicant’s driver’s license number or identification card number issued by the department;

    (e) The make, model and caliber of each firearm [to which the application pertains;] that the applicant wishes to receive approval to carry;

    (f) For each firearm described in paragraph (e), a certificate or other documentation that complies with the requirements of subsection 1 of section 2 of this act;

    (g) A nonrefundable fee in the amount necessary to obtain the report required pursuant to subsection 1 of NRS 202.366; and

    [(g)] (h) A nonrefundable fee set by the sheriff not to exceed $60.

    Sec. 7.  NRS 202.366 is hereby amended to read as follows:

    202.366 1.  Upon receipt by a sheriff of an application for a permit, the sheriff shall conduct an investigation of the applicant to determine if he is eligible for a permit. In conducting the investigation, the sheriff shall forward a complete set of the applicant’s fingerprints to the [Nevada highway patrol division of the department] central repository for Nevada records of criminal history and the Federal Bureau of Investigation for a report concerning the criminal history of the applicant. The sheriff shall issue a permit to the applicant unless he is not qualified to possess a handgun under state or federal law or is not otherwise qualified to obtain a permit pursuant to NRS 202.3653 to 202.369, inclusive, or the regulations adopted pursuant thereto.

    2.  To assist the sheriff in conducting his investigation, any local law enforcement agency, including the sheriff of any county, may voluntarily submit to the sheriff a report or other information concerning the criminal history of an applicant.

    3.  Within 120 days after a complete application for a permit is submitted, the sheriff to whom the application is submitted shall grant or deny the application. If the application is denied, the sheriff shall send the applicant written notification setting forth the reasons for the denial. If the application is granted, the sheriff shall provide the applicant with a permit [containing a colored photograph of the applicant and containing such other information as may be prescribed by the department. The permit must be in substantially the following form:

NEVADA CONCEALED FIREARM PERMIT

        County..........................................         Permit Number...................................

        Expires..........................................         Date of Birth.......................................

        Height...........................................         Weight................................................

        Name.............................................         Address..............................................

        City................................................         Zip.......................................................

                                                                                        Photograph

        Signature......................................

        Issued by.....................................

        Date of Issue...............................

        Make, model and caliber of firearm authorized............................................. ]

that:

    (a) Includes a color photograph of the applicant;

    (b) Contains any information that is required by the department or by an ordinance of the county in which the permit is issued;

    (c) Prominently displays in bold type the phrase “STATE OF NEVADA CONCEALED FIREARM PERMIT”; and

    (d) Does not include the social security number of the applicant.

    4.  Unless suspended or revoked by the sheriff who issued the permit, a permit expires on the fifth anniversary of the permittee’s birthday, measured from the birthday nearest the date of issuance or renewal. If the date of birth of a permittee is on February 29 in a leap year, for the purposes of NRS 202.3653 to 202.369, inclusive, his date of birth shall be deemed to be on February 28.

    Sec. 8.  Chapter 286 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  Except as otherwise provided in subsection 2, if a police officer who has at least 10 years of service retires pursuant to this chapter, he must be allowed to purchase from his former employer a badge indicating that he is honorably retired. The former employer shall charge a police officer who purchases a badge pursuant to this section a fee equal to the cost of providing the badge.

    2.  The provisions of this section do not apply to a police officer who was discharged for cause or who resigned before the final disposition of allegations of serious misconduct.

    Sec. 9.  The Nevada Sheriffs and Chiefs Association shall prepare the initial list required by section 4 of this act and provide a copy of that list to each law enforcement agency in this state not later than October 1, 1999.

    Sec. 10.  A person who has a permit to carry a concealed firearm in this state that was issued before October 1, 1999, and who wishes to carry any firearm that is not listed on his current permit must:

    1.  Obtain approval for each such firearm from the sheriff of the county in which he resides in the manner provided in section 2 of this act;

    2.  Obtain from the sheriff a new permit that complies with the provisions of NRS 202.366, as amended by this act; and

    3.  Pay to the sheriff the fee prescribed for obtaining a duplicate permit pursuant to NRS 202.367, unless he is renewing his permit pursuant to NRS 202.3677, in which case he must pay the fee prescribed for renewal of a permit pursuant to NRS 202.3677.”.

    Amend the title of the bill to read as follows:

“AN ACT relating to weapons; authorizing a person who is not a resident of this state to carry a concealed firearm in this state under certain circumstances; revising the provisions governing the type of concealed firearm that the holder of a permit to carry a concealed firearm may carry; making various other changes to the provisions governing a permit to carry a concealed firearm; providing that certain police officers who are retiring must be allowed to purchase badges indicating that they are exempt from certain laws pertaining to concealed firearms and other weapons; and providing other matters properly relating thereto.”.

    Amend the summary of the bill by deleting: “permits to carry concealed firearms.” and inserting “weapons.”.

    Senator Washington moved the adoption of the amendment.

    Remarks by Senators Washington and Neal.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Senate Bill No. 512.

    Bill read second time.

    The following amendment was proposed by the Committee on Judiciary:

    Amendment No. 425.

    Amend the bill as a whole by renumbering section 1 as sec. 4 and adding new sections designated sections 1 through 3, following the enacting clause, to read as follows:

    “Section 1.  Chapter 122 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

    Sec. 2.  1.  Except as otherwise provided in subsection 2, if any information in a marriage license is incorrect, the county clerk may charge and collect from a person a fee of not more than $25 for the preparation of an affidavit of correction.

    2.  The county clerk may not charge and collect from a person any fee for the preparation of an affidavit of correction pursuant to subsection 1 if the only errors to be corrected in the marriage license are clerical errors that were made by the county clerk.

    3.  All fees collected by the county clerk pursuant to this section must be deposited in the county general fund.

    Sec. 3.  1.  Except as otherwise provided in subsection 2, if any information in a certificate of marriage is incorrect, the county clerk may charge and collect from a person a fee of not more than $25 for the preparation of an affidavit of correction.

    2.  The county clerk may not charge and collect from a person any fee for the preparation of an affidavit of correction pursuant to subsection 1 if the only errors to be corrected in the certificate of marriage are clerical errors that were made by the county clerk.

    3.  Whether or not a person is required to pay any fee for the preparation of an affidavit of correction pursuant to subsection 1 and 2, the county clerk shall charge and collect from the person a fee of $3 and pay it over to the county recorder as his fee for recording the corrected certificate of marriage.

    4.  All fees collected by the county clerk pursuant to this section and all fees paid to the county recorder pursuant to this section must be deposited in the county general fund.”.

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

    “Sec. 5.  NRS 122.130 is hereby amended to read as follows:

    122.130 1.  [Every] Each person who solemnizes a marriage shall make a record of it[,] and , within 10 days after the marriage , shall deliver to the county recorder of the county where the license was issued a copy of the certificate of marriage required by NRS 122.120.

    2.  If the copy of the certificate of marriage that is held by the person who solemnizes the marriage is lost or destroyed before it is delivered to the county recorder pursuant to subsection 1, the county clerk may charge and collect from the person who solemnizes the marriage a fee of not more than $15 for the preparation of an affidavit of loss or destruction and the issuance of a replacement certificate. All fees collected by the county clerk pursuant to this subsection must be deposited in the county general fund.

    3.  All copies of certificates must be recorded by the county recorder in a book to be kept by him for that purpose. For recording the copies [he] , the county recorder is entitled to the fees designated in subsection 2 of NRS 122.060[.] and subsection 3 of section 3 of this act. All such fees must be deposited in the county general fund.”.

    Amend the title of the bill, third line, before “and” by inserting: “authorizing a county clerk to charge fees for correcting certain errors in marriage licenses and certificates of marriage and for replacing certain certificates of marriage that have been lost or destroyed; establishing fees for recording corrected certificates of marriage with the county recorder;”.

    Amend the summary of the bill to read as follows:

    “SUMMARY—Revises provisions relating to marriage ceremonies, marriage licenses and certificates of marriage. (BDR 11‑630)”.


    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. 519.

    Bill read second time.

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

    Amendment No. 528.

    Amend sec. 4, page 4, line 20, by deleting “is employed” and inserting: “is:

    (a) Employed”.

    Amend sec. 4, page 4, line 22, by deleting “patient.” and inserting: “patient; and

    (b) Acting under the direction of the medical director of that agency or facility who works in this state.”.

    Amend sec. 4, page 5, by deleting lines 36 through 38 and inserting:

    (b) Is authorized to administer immunizations to persons who are 18 years of age or older pursuant to written protocols from a physician who is licensed to practice medicine in this state; and

    (c) Administers immunizations to persons who are 18 years of age or older in compliance with the “Standards of”.

    Senator Rawson moved the adoption of the amendment.

    Remarks by Senator Rawson.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

REPORTS OF COMMITTEES

Madam President:

    Your Committee on Judiciary, to which was referred Assembly Bill No. 353, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

    Also, your Committee on Judiciary, to which was referred Assembly Bill No. 122, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass, and place on Consent Calendar.

Mark A. James, Chairman

Madam President:

    Your Committee on Transportation, to which were referred Senate Bills Nos. 336, 379, 450, 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

UNFINISHED BUSINESS

Signing of Bills and Resolutions

    There being no objections, the President and Secretary signed Senate Concurrent Resolution No. 30.


GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR

    On request of Senator Amodei, the privilege of the floor of the Senate Chamber for this day was extended to the following students from the Mark Twain Elementary School: Ryan Johnson, Ariana Alanir, Sam Atkinson, Heather Carson, Michael Coclich, Alexander Crounk, Devin Earl, David Eller, Leah Knight, Tyler Lawson, Brittany May, Tiffany McNees, Chelsea Milburn, Guillermo Munoz, Kevin Patterson, Marcos Rodriquez, Ehren Sisson, Jessica Wurster, Anthony Zamyslicky, Katelyn Ramsey, Joseph Bustamunate, Heidi Butler, Christen Chrysos, Brittany Corbridge, Amanda Crowder, Daniel DuCoing, Anthony Forest, Julisa Gonzalez, Chase Henderson, Jessica Jacinto, Keith Jones, Morgan Loomis, Eric Lopez, Kristen McKelvey, Ivette Munoz, Sayli Natu, Jazmin Nunez, Danny Pacheco, Nestor Perez, Jecsenia Ramirez, Shane Rumthun, Peter Reinschmidt, Mark Riesen, Ryan Sandoval, Cory Ltyrrell, Annette Williams, James Kyle, Matthew Sorensen, Juan Osequera, Ruben Dominguez, Sadie Anstedt, Nichole Barkley, Anthony DelGado, Zaide Diaz, Ruby Garcia, Alexander Goodell, Darcy Morris, Keinia Olivares Wenzel, Keaton Rich, Derek Rize, Joseph Rowan, Michael Santoyo, Stephen Sawyer, Felipe Segura, Trevor Voight, Anissa Anaya, Jesus Abundis, Jeff Aldama, Jessica Adams, Trevor Fowlkes, Garrick Hague, Ronald Kennison, Casey Lenox, Blaine Lentz, Yadira Lopez, Kayla Massoni, Cody Rhodes, Ashley Runge, Mikei Schachten, Brandon Snoddy, Helenne Villagrana, Rafael Silis, Bryan Byrne, Monica Carreon, Jaime Carrillo, Daniel Ceballos, Nick Cutunilli, Heather Douglas, Alfredo Hernandez, Sarah Lange, Mackenzie Leslie, Morgan Little, Jose Rodriguez, Nick Sisson, Cody Swanson, Vierra Thomas, Charles Timko, Betty Jo Wagers, Chris Simmons, Jorge Meza, Rebecca Badzinski, Seth Henderson, Alejandra Melgareso; teachers: Judy Foster, Cheryl Richetta, Heather Turner, Barbara Culbert, Cheryl Richette, Nikki Lazier and Laurie Nellis.

    Senator Raggio moved that the Senate adjourn until Wednesday, April 14, 1999 at 11 a.m.

    Motion carried.

    Senate adjourned at 1:49 p.m.

Approved:                                                                  Lorraine T. Hunt

                                                                                   President of the Senate

Attest:    Janice L. Thomas

                Secretary of the Senate