THE ONE HUNDRED AND NINTH DAY

Carson City(Thursday), May 20, 1999

Senate called to order at 12:28 p.m.

President pro Tempore Jacobsen presiding.

Roll called.

All present.

Prayer by the Chaplain, the Reverend Bruce Henderson.

God, King David bubbles with joy as he wrote, “My cup runneth over!”

We have meetings and deadlines, discussions and arguments, motions and votes, postponements and deliberations—our day “runneth over!” So, Father, please give us peace and strength as we go about our work. And, may we never forget the people we’re here to serve.

We pray this in the name of the One who came to serve.

Amen.

Pledge of allegiance to the Flag.

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

Motion carried.

REPORTS OF COMMITTEES

Mr. President pro Tempore:

Your Committee on Commerce and Labor, to which were referred Assembly Bills Nos. 193, 195, 680, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Randolph J. Townsend, Chairman

Mr. President pro Tempore:

Your Committee on Finance, to which were referred Senate Bills Nos. 279, 280, 305, 329, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Also, your Committee on Finance, to which were referred Assembly Bills Nos. 341, 343, 370, 656, 657, 658, 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 Finance, to which were referred Senate Bill No. 283; Assembly Bill No. 181, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Also, your Committee on Finance, to which was re-referred Senate Bill No. 401, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Also, your Committee on Finance, to which was re-referred Senate Bill No. 411, 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

Mr. President pro Tempore:

Your Committee on Government Affairs, to which was referred Assembly Bill No. 674, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Also, your Committee on Government Affairs, to which were referred Assembly Bills Nos. 182, 298, 306, 318, 424, 486, 569, 604, has had the same under consideration, and begs

leave to report the same back with the recommendation: Amend, and do pass as amended.

Ann O’Connell, Chairman

Mr. President pro Tempore:

Your Committee on Human Resources and Facilities, to which was referred Assembly Bills Nos. 15, 280, 332, 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

Mr. President pro Tempore:

Your Committee on Judiciary, to which was referred Assembly Bill No. 400, 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

Mr. President pro Tempore:

Your Committee on Natural Resources, to which was referred Assembly Bill No. 132, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Dean A. Rhoads, Chairman

Mr. President pro Tempore:

Your Committee on Taxation, to which was referred Assembly Bills Nos. 668, 669, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Mike McGinness, Chairman

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, May 19, 1999

To the Honorable the Senate:

I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bill No. 663.

Also, I have the honor to inform your honorable body that the Assembly on this day passed Senate Bills Nos. 50, 168, 235, 289, 300, 437; Assembly Bill No. 320; Senate Joint Resolution No. 3; Assembly Joint Resolution No. 24.

Also, I have the honor to inform your honorable body that the Assembly on this day concurred in the Senate Amendment No. 834 to Assembly Concurrent Resolution No. 25; Senate Amendment No. 765 to Assembly Bill No. 295.

Also, I have the honor to inform your honorable body that the Assembly amended, and on this day passed, as amended, Senate Bill No. 10, Amendment No. 912; Senate Bill No. 21, Amendment No. 972; Senate Bill No. 39, Amendment No. 1017; Senate Bill No. 51, Amendment No. 1037; Senate Bill No. 61, Amendment No. 947; Senate Bill No. 117, Amendment No. 975; Senate Bill No. 211, Amendment No. 859; Senate Bill No. 215, Amendment No. 922; Senate Bill No. 244, Amendment No. 941; Senate Bill No. 273, Amendments Nos. 808, 1022; Senate Bill No. 310, Amendment No. 935; Senate Bill No. 381, Amendment No. 904; Senate Bill No. 394, Amendment No. 870; Senate Bill No. 445, Amendment No. 986; Senate Bill No. 451, Amendments Nos. 908, 946; Senate Bill No. 537, Amendment No. 883, and respectfully requests your honorable body to concur in said amendments.

MOTIONS, RESOLUTIONS AND NOTICES

Assembly Joint Resolution No. 24.

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

Motion carried.

INTRODUCTION, FIRST READING AND REFERENCE

Assembly Bill No. 320.

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

Motion carried.

Assembly Bill No. 663.

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

Motion carried.

MOTIONS, RESOLUTIONS AND NOTICES

Senator Raggio moved that for the remainder of the session Order of Business No. 14, Unfinished Business be handled following Order of Business No. 9, Motions, Resolutions and Notices.

Remarks by Senators Raggio and Coffin.

Motion carried.

UNFINISHED BUSINESS

Consideration of Assembly Amendments

Senate Bill No. 32.

The following Assembly amendment was read:

Amendment No. 791.

Amend sec. 2, page 1, line 11, by deleting: “the defects or” and inserting: “to the extent known the defects, and”.

Amend sec. 2, page 1, line 12, after “residence” by inserting “or appurtenance”.

Amend sec. 2, page 1, by deleting lines 13 and 14 and inserting: “The notice must describe in reasonable detail each defect, the specific location of each defect, and the”.

Amend sec. 2, page 2, line 5, after “a” by inserting: “valid and reliable”.

Amend sec. 2, page 2, line 6, after “residences” by inserting “and appurtenances”.

Amend sec. 2, page 2, line 18, after “residence” by inserting “or appurtenance”.

Amend sec. 2, page 2, by deleting lines 29 and 30 and inserting:

“(a) Establish a schedule for the addition of any additional parties to the complaint or to file any third-party complaint against an”.

Amend sec. 2, page 3, line 12, by deleting “If ” and inserting: “Subject to the provisions of NRS 40.680, if ”.

Amend sec. 2, page 3, line 22, after “residence” by inserting “or appurtenance”.

Amend sec. 2, page 3, line 23, after “by” by inserting: “or on behalf of ”.

Amend sec. 2, page 3, line 26, by deleting “45” and inserting “60”.

Amend sec. 2, page 3, line 28, by deleting: “offer of settlement” and inserting “response”.

Amend sec. 2, page 3, line 32, by deleting: “offer of settlement” and inserting “response”.

Amend sec. 2, page 3, line 34, by deleting: “offer of settlement.” and inserting “response.”.

Amend sec. 2, page 3, line 35, by deleting: “offer of settlement” and inserting: “response of the contractor”.

Amend sec. 2, page 3, line 36, by deleting “offer” and inserting: “response of the contractor”.

Amend sec. 5, page 4, by deleting lines 30 and 31 and inserting: “inclusive, and sections 2, 3, 4 and 6 of this act, a claimant may not commence an action against a subdivider or master developer for a constructional ”.

Amend sec. 5, page 4, line 34, after “licensed” by inserting “general”.

Amend sec. 5, page 4, line 35, by deleting “unless, after” and inserting: “unless:

(a) The subdivider or master developer fails to provide to the claimant the name, address and telephone number of each contractor hired by the subdivider or master developer to construct the appurtenance within 30 days of the receipt by the subdivider or master developer of a request from the claimant for such information; or

(b) After”.

Amend sec. 5, page 5, line 14, after “4.” by inserting: “Nothing in this section prohibits a person other than the claimant from commencing an action against a subdivider or master developer to enforce his own rights.

5. The provisions of this section do not apply to a subdivider or master developer who acts as a general contractor or uses his license as a general contractor in the course of constructing the appurtenance that is the subject of the action.

6.”.

Amend sec. 5, page 5, by deleting lines 15 through 17 and inserting:

“(a) “Master developer” means a person who buys, sells or develops a planned unit development, including, without limitation, a person who enters into a development agreement pursuant to NRS”.

Amend sec. 6, page 5, line 22, after “that” by inserting “is or”.

Amend sec. 6, page 5, line 36, after “that” by inserting “is or”.

Amend sec. 6, page 5, line 40, after “that” by inserting “is or”.

Amend the bill as a whole by adding a new section designated sec. 8.5, following sec. 8, to read as follows:

“Sec. 8.5. NRS 40.625 is hereby amended to read as follows:

40.625 “Homeowner’s warranty” means a warranty or policy of insurance:

1. Issued or purchased by or on behalf of a contractor for the protection of a claimant; or

2. Purchased by or on behalf of a claimant pursuant to NRS 690B.100 to 690B.180, inclusive.

The term includes a warranty contract issued by a risk retention group that operates in compliance with chapter 695E of NRS and insures all or any part of the liability of a contractor for the cost to repair a constructional defect in a residence.”.

Amend sec. 9, page 6, line 29, by deleting “[~~or each~~” and inserting “or [~~each~~”.

Amend sec. 9, page 6, line 30, after “~~residence]~~” by inserting “appurtenance”.

Amend sec. 9, page 6, line 34, after “residence” by inserting “or appurtenance”.

Amend sec. 9, page 6, by deleting line 37 and inserting: “components of the residences [~~or of the units of each multiple unit residence]~~ and appurtenances involved in the”.

Amend sec. 9, page 6, line 38, by deleting “35-day” and inserting “[~~35-day]~~ 45-day”.

Amend sec. 9, page 7, line 4, after “residence” by inserting “or appurtenance”.

Amend sec. 9, page 7, line 5, after “by” by inserting: “or on behalf of ”.

Amend sec. 9, page 7, line 8, by deleting “45” and inserting “[~~45]~~ 60”.

Amend sec. 9, page 7, by deleting lines 9 and 10 and inserting: “contractor [~~may]~~ shall make a written [~~offer of settlement]~~ response to the claimant. The [~~offer:]~~ response:”.

Amend sec. 9, page 7, line 16, by deleting “offer” and inserting “[~~offer]~~ response”.

Amend sec. 9, page 7, line 17, by deleting “the” and inserting “[~~the]~~ any”.

Amend sec. 9, page 7, line 19, by deleting “compensation.” and inserting: “compensation [.] , which may include a contribution from a subcontractor.”.

Amend sec. 9, page 7, line 20, after “contractor” by inserting “or his subcontractor”.

Amend sec. 9, page 7, line 21, after “contractor” by inserting “or subcontractor”.

Amend sec. 9, page 7, line 26, by deleting “offer,” and inserting “[~~offer,]~~ response,”.

Amend sec. 9, page 7, line 27, by deleting “contractor.” and inserting: “contractor [.] , or timely completion of the repairs is not reasonably possible.”.

Amend sec. 9, page 7, line 41, by deleting: “offer of settlement” and inserting: “[~~offer of settlement]~~ response”.

Amend sec. 9, page 7, after line 42, by inserting:

“6. As used in this section, “subcontractor” means a contractor who performs work on behalf of another contractor in the construction of a residence or appurtenance.”.

Amend sec. 10, page 8, line 3, after “settlement” by inserting: “made as part of a response”.

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

“Sec. 12.5. NRS 40.687 is hereby amended to read as follows:

40.687 Notwithstanding any other provision of law:

1. A claimant shall, within 10 days after commencing an action against a contractor, disclose to the contractor all information about any homeowner’s warranty that is applicable to the claim.

2. The contractor shall, no later than 10 days after [~~any settlement offer]~~ a response is made pursuant to this chapter, disclose to the claimant any information about insurance agreements that may be obtained by discovery pursuant to rule 26(b)(2) of the Nevada Rules of Civil Procedure. Such disclosure does not affect the admissibility at trial of the information disclosed.

3. Except as otherwise provided in subsection 4, if either party fails to provide the information required pursuant to subsection 1 or 2 within the time allowed, the other party may petition the court to compel production of the information. Upon receiving such a petition, the court may order the party to produce the required information and may award the petitioning party reasonable attorney’s fees and costs incurred in petitioning the court pursuant to this subsection.

4. The parties may agree to an extension of time to produce the information required pursuant to this section.

5. For the purposes of this section, “information about insurance agreements” is limited to any declaration sheets, endorsements and contracts of insurance issued to the contractor from the commencement of construction of the residence of the claimant to the date on which the request for the information is made and does not include information concerning any disputes between the contractor and an insurer or information concerning any reservation of rights by an insurer.”.

Amend sec. 16, page 10, line 21, by deleting: “this section and”.

Amend sec. 16, page 10, lines 33 and 34, by deleting: “[~~and subsection 1 of this section, where]~~ ,” and inserting: “and subsection 1 of this section, [~~where]~~”.

Amend sec. 17, page 11, line 2, by deleting: “this section and”.

Amend sec. 17, page 11, lines 14 and 15, by deleting: “[~~and subsection 1 of this section, where]~~ ,” and inserting: “and subsection 1 of this section, [~~where]~~”.

Amend sec. 18, page 11, line 27, by deleting: “this section and”.

Amend sec. 18, page 11, lines 39 and 40, by deleting: “[~~and subsection 1 of this section, where]~~ ,” and inserting: “and subsection 1 of this section, [~~where]~~”.

Amend sec. 19, page 12, lines 29 and 30, by deleting: “purchaser and notarized.” and inserting “purchaser.”.

Amend sec. 23, page 14, line 29, by deleting “50” and inserting “35”.

Amend sec. 24, page 15, line 11, after “That” by inserting: “, except in an emergency, including, without limitation, the loss of heating, cooling, plumbing or electrical service by the insured,”.

Amend sec. 24, page 15, line 13, after “claim.” by inserting: “Work must commence on an emergency not later than 24 hours after the report of the claim. The commissioner may adopt regulations to define “emergency” for the purposes of this paragraph.”.

Amend sec. 25, page 15, by deleting lines 29 through 32 and inserting: “protection, other than casualty insurance, shall not:

1. Engage in any other business [~~other than the furnishing]~~ of insurance [~~for home protection.]~~ or real estate pursuant to chapters 645 to 645D, inclusive, of NRS.

2. Assume reinsurance from any other insurer.”.

Senator Townsend moved that the Senate concur in the Assembly amendment to Senate Bill No. 32.

Remarks by Senator Townsend.

Conflict of interest declared by Senators James and Porter.

Motion carried.

Bill ordered enrolled.

Senate Bill No. 139.

Amendment No. 838.

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

“Sec. 4. NRS 244.1505 is hereby amended to read as follows:

244.1505 1. A board of county commissioners may expend money for any purpose which will provide a substantial benefit to the inhabitants of the county. The board may grant all or part of the money to a [private organization, not for profit,] nonprofit organization created for religious, charitable or educational purposes to be expended for the selected purpose.

2. A board of county commissioners or its authorized representative may donate:

(a) Commodities, supplies, materials and equipment that the board determines to have reached the end of their useful lives; and

(b) Stolen or embezzled property for which the county treasurer has obtained an order authorizing him to donate the property pursuant to subsection 6 of NRS 179.165,

to a nonprofit organization created for religious, charitable or educational purposes.

3. A grant or donation to a [private] nonprofit organization created for religious, charitable or educational purposes must be made by resolution. [which] The resolution must specify:

(a) The purpose of the grant[;

(b) The] or donation;

(b) If applicable, the maximum amount to be expended from the grant; and

(c) Any conditions or other limitations upon [its expenditure.] the expenditure of the grant or the use of the donated property.

4. As used in this section:

(a) “Authorized representative” has the meaning ascribed to it in NRS 332.025.

(b) “Nonprofit organization created for religious, charitable or educational purposes” means an organization that meets the requirements set forth in NRS 372.3261.

Sec. 5. Chapter 268 of NRS is hereby amended by adding thereto a new section to read as follows:

1. The governing body of a city may expend money for any purpose that will provide a substantial benefit to the inhabitants of the city. The governing body may grant all or part of the money to a nonprofit organization created for religious, charitable or educational purposes to be expended for a selected purpose.

2. The governing body of a city or its authorized representative may donate commodities, supplies, materials and equipment that the governing body determines have reached the end of their useful lives to a nonprofit organization created for religious, charitable or educational purposes.

3. A grant or donation to a nonprofit organization created for religious, charitable or educational purposes must be made by resolution. The resolution must specify:

(a) The purpose of the grant or donation;

(b) If applicable, the maximum amount to be expended from the grant; and

4. As used in this section:

(a) “Authorized representative” has the meaning ascribed to it in NRS 332.025.

(b) “Nonprofit organization created for religious, charitable or educational purposes” means an organization that meets the requirements set forth in NRS 372.3261.”.

Amend the title of the bill, sixth line, after the semicolon by inserting: “extending the authority of a board of county commissioners to make charitable grants to include certain property; authorizing the governing body of a city to make charitable grants of money or certain property to certain nonprofit organizations;”.

Senator O’Connell moved that the Senate concur in the Assembly amendment to Senate Bill No. 139.

Remarks by Senator O’Connell.

Motion carried.

Bill ordered enrolled.

Senate Bill No. 194.

Amendment No. 921.

Amend sec. 2, page 3, line 30, by deleting “~~[10]~~ 15” and inserting “10”.

Amend sec. 3, page 4, line 15, by deleting “~~[10]~~ 15” and inserting “10”.

Amend the title of the bill to read as follows:

“AN ACT relating to local financial administration; extending the use of a fund to stabilize the operation of a local government to include mitigation of the effects of a natural disaster; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Extends use of fund to stabilize operation of local government. (BDR 31‑83).”.

Senator O’Connell moved that the Senate concur in the Assembly amendment to Senate Bill No. 194.

Remarks by Senator O’Connell.

Motion carried.

Bill ordered enrolled.

Senate Bill No. 287.

Amendment No. 938.

Amend the title of the bill, second line, by deleting “an additional” and inserting “a”.

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

Senator McGinness moved that the Senate concur in the Assembly amendment to Senate Bill No. 287.

Remarks by Senator McGinness.

Motion carried.

Bill ordered enrolled.

Senate Bill No. 341.

Amendment No. 909.

Amend sec. 5, page 4, by deleting lines 7 and 8, and inserting:

“(g) Hardware and associated peripheral equipment and devicesfor computers;

(h) Software for computers;”.

Amend sec. 5, page 4, line 9, by deleting “(h)” and inserting “(i)”.

Amend sec. 5, page 4, line 10, by deleting “(i)” and inserting “(j)”.

Amend sec. 5, page 4, line 12, by deleting “(j)” and inserting “(k)”.

Amend sec. 5, page 4, line 16, by deleting “(k)” and inserting “(l)”.

Amend sec. 5, page 4, line 19, by deleting “(l)” and inserting “(m)”.

Amend sec. 5, page 4, line 22, by deleting “(m)” and inserting “(n)”.

Amend the bill as a whole by adding a new section designated sec. 10, following sec. 9, to read as follows:

“Sec. 10. Section 5 of this act becomes effective at 12:01 a.m. on October 1, 1999.”.

Senator O’Connell moved that the Senate concur in the Assembly amendment to Senate Bill No. 341.

Remarks by Senator O’Connell.

Motion carried.

Bill ordered enrolled.

Senate Bill No. 366.

Amendment No. 778.

Amend the bill as a whole by deleting sections 1 and 2 and renumbering sec. 3 as section 1.

Amend sec. 3, page 2, by deleting lines 39 and 40 and inserting:

“Sec. 6. This act becomes effective on January 1, 1996, and expires by limitation on December 31, [~~1999.~~] 2001.”.

Amend the bill as a whole by deleting sec. 4 and renumbering sec. 5 as sec. 2.

Amend sec. 5, page 2, by deleting line 42 and inserting:

“Sec. 2. 1. This act becomes effective upon”.

Amend sec. 5, page 3, by deleting lines 1 through 8 and inserting:

“2. Notwithstanding the provisions of NRS 244A.7643, a board of county commissioners that has imposed a surcharge pursuant to NRS 244A.7643 shall not impose such a surcharge on the mobile telephone service provided to each customer of that service who resides in the county on or after the date on which the advisory committee established in that county pursuant to NRS 244A.7645 notifies the board of county commissioners that the enhancement of the telephone system for reporting an emergency in that county has been completed in such a manner that when a person”.

Amend sec. 5, page 3, line 10, by deleting “(1)” and inserting “(a)”.

Amend sec. 5, page 3, line 12, by deleting “(2)” and inserting “(b)”.

Amend sec. 5, page 3, after line 15 by inserting:

“3. A board of county commissioners that has imposed a surcharge pursuant to NRS 244A.7643 shall notify in a timely manner each telephone company and supplier that collects such a surcharge to cease collecting the surcharge:

(a) On each access line or trunk line of each customer to the local exchange of any telephone company providing those lines in the county on or after December 31, 2001.

(b) On the mobile telephone service provided to each customer of that service who resides in the county on or after the earlier of the following dates:

(1) December 31, 2001; or

(2) The date on which the advisory committee established in that county pursuant to NRS 244A.7645 notifies the board of county commissioners of that county that the enhancement of the telephone system for reporting an emergency in that county has been completed in the manner described in subsection 2.”.

Amend the bill as a whole by deleting the text of the repealed section.

Amend the title of the bill to read as follows:

“AN ACT relating to telephone services; extending the prospective expiration of certain provisions concerning surcharges on telephone services in certain counties for the enhancement of the telephone systems for reporting emergencies in those counties; and providing other matters properly relating thereto.”.

Amend the summary of the bill, third line, by deleting “(BDR 20‑550)” and inserting “(BDR S‑550)”.

Senator O’Connell moved that the Senate concur in the Assembly amendment to Senate Bill No. 366.

Remarks by Senator O’Connell.

Motion carried.

Bill ordered enrolled.

Senate Bill No. 408.

Amendment No. 849.

Amend sec. 2, page 3, line 11, after “fields,” by inserting: “areas to be used for organized amateur sports,”.

Amend sec. 3, page 3, by deleting line 18 and inserting:

“Sec. 3. 1. This section and section 1 of this act become effective on July 1, 1999.

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

Senator O’Connell moved that the Senate concur in the Assembly amendment to Senate Bill No. 408.

Remarks by Senator O’Connell.

Bill ordered enrolled.

Senate Bill No. 369.

Amendment No. 738.

Amend sec. 3, page 2, line 16, by deleting “board or” and inserting “board and”.

Amend sec. 3, page 2, by deleting lines 21 through 28 and inserting:

“2. Except as ordered by a court of competent jurisdiction or as required by federal law, the director, the board and the governing body of the county or city where the project is located shall not, without the prior consent of the obligor, disclose proprietary information or financial statements or records of the obligor or guarantor that are not otherwise available to the public if the obligor has:

(a) Requested in writing that the information, statements or records be kept confidential; and

(b) Furnished the information, statements or records for the sole purpose of obtaining”.

Amend the title of the bill, first line, after “providing” by inserting: “under certain circumstances”.

Amendment No. 889.

Amend sec. 3, page 2, by deleting lines 18 and 19 and inserting: “request, information furnished by an obligor to obtain the director’s assistance in financing a project pursuant to NRS 349.400 to 349.670,”.

Senator O’Connell moved that the Senate concur in the Assembly amendments to Senate Bill No. 369.

Remarks by Senator O’Connell.

Motion carried.

Bill ordered transmitted to the Assembly.

SECOND READING AND AMENDMENT

Senate Bill No. 308.

Bill read second time and ordered to third reading.

Senate Bill No. 368.

Bill read second time and ordered to third reading.

Senate Bill No. 511.

Bill read second time.

The following amendment was proposed by the Committee on Finance:

Amendment No. 1035.

Amend sec. 2, page 3, line 7, by deleting “1999.” and inserting: “1999, and expires by limitation on June 30, 2001.”.

Amend the title of the bill, first line, after “revising” by inserting “temporarily the”.

Senator Raggio moved the adoption of the amendment.

Remarks by Senator Raggio.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 142.

Bill read second time.

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

Amendment No. 964.

Amend section 1, page 1, line 16, by deleting “by mail”.

Amend section 1, page 2, by deleting line 8 and inserting: “The notice must be sent by mail or, if requested by a party to whom notice must be provided pursuant to paragraphs (a) to (d), inclusive, by electronic means if receipt of such an electronic notice can be verified, and be written in language which is easy to understand. The notice must”.

Amend section 1, page 2, line 14, by deleting “by mail”.

Amend section 1, page 2, line 15, by deleting: “[~~owner,]~~ of the owners,” and inserting “owner,”.

Amend section 1, page 2, by deleting line 16 and inserting: “least 30 parcels nearest to the property in question. The notice must be sent by mail or, if requested by an owner to whom notice must be provided, by electronic means if receipt of such an electronic notice can be verified, and be”.

Amend section 1, page 2, line 17, by deleting “It” and inserting “The notice”.

Amend section 1, page 2, line 20, by deleting “variance or”.

Amend section 1, page 2, line 22, by deleting “town,” and inserting: “town that is rural in character and not located within an urbanized area of the county, as determined by the board of county commissioners,”.

Amend section 1, page 2, line 35, by deleting “board.” and inserting: “board, unless the town board, citizens’ advisory council or town advisory board failed to discuss the application because of the absence of a quorum present at the scheduled meeting.”.

Amend section 1, page 2, by deleting line 39 and inserting: “authorized person or entity does not concur with the recommendation, if any,”.

Amend section 1, page 2, line 40, by deleting “make a”.

Amend section 1, page 2, by deleting lines 41 and 42 and inserting: “specify for the record the reasons for its action.”.

Amend section 1, page 3, line 10, by deleting “mailing” and inserting “sending”.

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

“Sec. 2. This act becomes effective at 12:01 a.m. on October 1, 1999.”.

Amend the title of the bill, by deleting the second and third lines and inserting: “special use permits with regard to property located within certain unincorporated towns; and providing other matters properly relating thereto.”.

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

Senator Porter moved the adoption of the amendment.

Remarks by Senator Porter.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 151.

Bill read second time and ordered to third reading.

Assembly Bill No. 199.

Bill read second time.

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

Amendment No. 1013.

Amend sec. 2, page 1, by deleting lines 4 and 5 and inserting: “context otherwise requires:

1. “Division” means the division of wildlife of the state department of conservation and natural resources.

2. “Interstate waters of this state” means waters forming the boundary between the State of Nevada and an adjoining state.”.

Amend sec. 3, page 1, line 8, after “any” by inserting “interstate”.

Amend sec. 3, page 2, line 16, after “the” by inserting “interstate”.

Amend sec. 3, page 2, line 20, after “any” by inserting “interstate”.

Amend sec. 3, page 3, line 1, before “waters” by inserting “interstate”.

Amend sec. 3, page 3, line 13, after “the” by inserting “interstate”.

Amend sec. 3, page 3, line 17, after “motorboats” by inserting: “for operation on the interstate waters of this state”.

Amend sec. 3, page 3, line 28, after “motorboats” by inserting: “for operation on the interstate waters of this state”.

Amend sec. 8, page 5, line 21, after “the” by inserting “interstate”.

Amend sec. 8, page 5, line 24, after “Administrators.” by inserting: “As used in this subsection, “interstate waters of this state” means waters forming the boundary between the State of Nevada and an adjoining state.”.

Amend the title of the bill, first line, after “motorboats” by inserting: “on certain waters”.

Senator Rhoads moved the adoption of the amendment.

Remarks by Senators Rhoads and James.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 288.

Bill read second time and ordered to third reading.

Assembly Bill No. 313.

Bill read second time.

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

Amendment No. 1061.

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

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

386.550 A charter school shall:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(b) Appropriate punishments for violations of the rules.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(b) Technology . [,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(b) Mathematics;

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

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

(a) The arts;

(b) Computer education and technology;

(d) Physical education.

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

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

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

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

(d) The prevention of suicide.

(e) Instruction relating to child abuse.

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

(g) American Sign Language.

(h) Environmental education.

(i) Adult roles and responsibilities.

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

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

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

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

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

(a) Essentials of:

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

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

(3) The Declaration of Independence;

(4) The Federalist Papers;

(5) Abraham Lincoln’s Gettysburg Address;

(6) The Emancipation Proclamation; and

(7) George Washington’s Farewell Address;

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

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

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

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

(a) Be permanently expelled from that school; and

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

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

(a) Be permanently expelled from the school; and

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

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

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

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

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

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

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

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

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

7. As used in this section:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

“LEADLINES OF REPEALED SECTIONS

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

389.060 Instruction in physiology, hygiene and cardiopulmonary resuscitation.

389.063 Instruction on prevention of suicide.

389.075 Instruction relating to child abuse.

389.080 Instruction in economics of American system of free enterprise.

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

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

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

389.120 Environmental education: Counseling programs.

389.130 Environmental education: Programs for outdoor education and camping.

389.140 Environmental education: Duties of superintendent of public instruction.

389.170 Course of study: Technology.

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

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

Amend the summary of the bill by deleting the first line and inserting: “SUMMARY—Revises provisions governing education.”.

Senator Washington moved the adoption of the amendment.

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

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

Senator Washington:

This amendment basically prohibits special education teachers from placing students in special education for disciplinary reasons. It codifies the language that is in Senate Bill No. 166. The amendment also deals with the courses of study that are in Senate Bill No. 145, and it makes sure that the language codifies with that language. It also deals with the new academic standards that have been adopted. It also requires that public schools provide instruction for essential documents relating to the principles of American studies. It also deletes new language that authorizes special education teachers that have two class periods prior to a day preparing for their class time.

Senator Titus:

Here is a good example of what I was talking about yesterday, about things that take time where we re-amend bills, in that have already been passed. This whole section is putting back that part about what you are going to teach in public schools that now has been rejected by the Assembly. Why are we doing this again?

Senator Neal:

Mr. President pro Tempore. I don’t have a copy of that amendment.

Senator Washington:

Thank you, Mr. President pro Tempore. To answer my colleague’s question. The importance of these documents apparently was not considered to be important on the other side. Still, as we deal with the deliberation about certain important documents to American history and American government such as dealing with the Bill of Rights, the Declaration of Independence, the Federalists papers, the Gettysburg Address, the Emancipation Proclamation and George Washington’s Farewell Address, these documents are the fundamental roots to the foundation of this country. It is important that every American student as they attend class understands these documents.

I think my colleague expressed it very eloquently in his deliberation as we debated Senate Bill No. 285. Without these documents, Mr. President pro Tempore, I think we are heading down a road of disaster. We are heading down the road of losing what this country is all about and its sovereignty. These documents are the principles that hold the rights and freedoms of the individual. Every student should understand and know, not only the Constitution but why the Constitution is important, how the Constitution came about through the Federalist papers and the Gettysburg Address, even from my standpoint, the Emancipation Proclamation. These documents, Mr. President pro Tempore, will add to the independence of this country. I think they need to be in our studies. We need to pass this amendment.

Senator Titus:

Thank you, Mr. President pro Tempore. I wonder if any person in this body could please stand up and quote for me maybe one line from George Washington’s Farewell address.

Senator Coffin:

Goodbye.

President pro Tempore Jacobsen:

Senator Titus, your objections are well noted. Are there additional remarks?

Senator Coffin:

Mr. President pro Tempore. I am sorry I did that to my leader. But, after all, that is probably what he was saying. Remember, he did not deliver it. He simply gave it to somebody, it was a letter.

When you get into these amendments at the end of session, we just want to make sure that we don’t accidentally misunderstand certain things. I always try to look toward the repealers to make sure an accident does not occur even though I know what we are doing here.

If the maker of the amendment could please give this member an explanation of why we would be repealing 389.075 from the NRS, that is the instruction relating to child abuse. Perhaps, I could understand his purpose a little more.

Senator Washington:

Thank you, Mr. President pro Tempore. I think it is just based on common sense. You really don’t have to be a rocket scientist to figure out that we don’t need studies on child abuse. Nobody in this chamber wants to continue to uphold child abuse but the importance of these documents would lend itself to maybe addressing some of those issues we are confronted with every day. As long as we continue to focus in on the atrocities and depravity of our society, we lend ourselves to opening up different avenues. In our education and instruction, it would deem us to be more prudent to speak to those documents that lend themselves to something that is positive, something that is constructive, something that is going to be edifying, something that is going to be uplifting and encouraging to the further development of our country. We need to be aware of child abuse documents but teaching such subjects as child abuse and other subjects do not lend themselves to the furtherance, growth and maturity of the individual. Mr. President pro Tempore, I think it is important that we delete these types of subjects.

Senator Coffin:

If it is not to much to ask because of the Senator’s concise explanation of why we are not going to teach subjects which might reduce child abuse, could he cover the reasoning behind the language removing instruction on prevention of suicide as well as American sign language and the American system of free enterprise. That is just 3 or 4 of the 15 or 20 things that are being repealed. I want to make sure I understand clearly the Senator’s thinking. To make sure that in the rush to close here, we haven’t done something too fast.

Senator Rawson:

Thank you, Mr. President pro Tempore. If I could join in this for just a moment because we heard this bill in our committee. The policy we tried to establish is a policy we talked about for sometime, that every important issue shouldn’t be listed in the law. We ought to allow the State Department of Education and the State Board of Education to address the regulations and rules related to many of these important subjects.

Everything you see repealed here is not a statement that they are not important. It is a statement that the State Board of Education should address those issues and develop the curriculum and the importance of where they are handled throughout the State. This is an attempt to simplify the process so that we don’t have to amend the statute every time we come into session. I think it is proper for the State Board to do that once we have given them some general guidelines.

Senator Neal:

Mr. President pro Tempore. I would like to ask a question from either the Chairman of Human Resources or the sponsor of the amendment. Is it more important to have these particular subjects in the schools rather than to have the study of civility. I ask that question based upon the many incidents that we have had in our schools since 1992. We have had 13 shootings which have not touched the State of Nevada but have touched California. You have had about four or five in California. Is it more important to press the State Board to put into law these courses than it is to have them teach civility?

Senator Rawson:

Mr. President pro Tempore. In trying to answer that question, I would read from Senate Bill No. 445 which is one of those complicated motions that we are doing here. This is folding this bill in. In section 3, subsection 3, it says “the State Board shall adopt regulations establishing courses of study and the grade levels for which those courses of study apply for.” It goes into all of these subjects that a moment ago I said were repealed. The one line of those still stays in the law and the State Board now is expected to develop the curriculum. We have written out of the law all of the details of how these things would be done so it properly gives that to the state.

Now, in answer to this question about civility. Are any of these things more important? I think we could add a number of things to this list that the State Board would be asked to look at under the right curriculum and regulations. There is no question when we look at the news this morning and see that there has been another shooting. There is something going on this country now that has gotten out of hand. One incident was terrible. We start to see the copy cat going on. It is obvious that our districts and school boards are going to have to deal with this. I think by next session you will see us dealing with it again. I would not rule out by any means talking about that. The purpose of this is to try to simplify this section of the law and put the responsibility back on the School Board to handle. You know this is a debate we had in this house; and although there was opposition to it, it is an issue that was passed by this house. It is very appropriate for this house to stand for those things that we feel are important. I am sure that it will go to conference if the other house does not agree with us. That is the process.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 344.

Bill read second time and ordered to third reading.

Assembly Bill No. 473.

Bill read second time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 952.

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

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

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

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

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

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

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

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

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

(1) Notify a probation officer; and

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

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

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

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

(1) The court; or

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(a) The child is alleged to be delinquent;

(b) An alternative facility is not available; and

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Section 1. (Deleted by amendment.)

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

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

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

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

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

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

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

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

(1) Notify a probation officer; and

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

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

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

(1) The court; or

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

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

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

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

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

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

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

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

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

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

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

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

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

(a) The child is alleged to be delinquent;

(b) An alternative facility is not available; and

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Senator McGinness moved the adoption of the amendment.

Remarks by Senator McGinness.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 530.

Bill read second time.

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

Amendment No. 822.

Amend section 1, page 1, by deleting lines 9 through 13 and inserting:

“3. Meetings of the veterans’ services commission must [~~alternate between the city in which the office of the executive director is located and]~~ be held:

(a) In Las Vegas [.] ;

(b) In Reno; or

Senator Rawson moved the adoption of the amendment.

Remarks by Senator Rawson.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 614.

Bill read second time.

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

Amendment No. 965.

Amend sec. 3, page 2, line 34, by deleting “state;” and inserting: “state, which must, in 14-point type or larger:

(1) Identify the person who is mailing the form;

(2) Include a notice stating, “This is a request for an absent ballot.”; and

(3) State that by returning the form the form will be submitted to the county clerk;”.

Amend sec. 26, page 20, line 31, by deleting “state;” and inserting: “state, which must, in 14-point type or larger:

(1) Identify the person who is mailing the form;

(2) Include a notice stating, “This is a request for an absent ballot.”; and

(3) State that by returning the form the form will be submitted to the city clerk;”

Amend sec. 27, page 21, line 1, by deleting “40” and inserting “70”.

Amend sec. 27, page 21, line 2, by deleting “30th” and inserting “60th”.

Senator O’Connell moved the adoption of the amendment.

Remarks by Senator O’Connell.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 628.

Bill read second time.

The following amendment was proposed by the Committee on Transportation:

Amendment No. 993.

Amend section 1, page 1, by deleting line 9 and inserting:

“(a) Regularroutes and fixed schedules[. Under such an agreement,];”.

Amend section 1, page 2, by deleting lines 2 through 8 and inserting: “schedules;

(d) In a county whose population is less than 100,000 or an incorporated city within such a county, nonmedical transportation of persons if the transportation is available by reservation 1 day in advance of the transportation and without regard to regular routes or fixed schedules.

3. Under any agreement for a system of public transit that provides for the transportation of passengers that is described in subsection 2:

(a) The public entity shall provide for any required safety inspections; or

(b) If the public entity is unable to do so, the authority shall provide for any required safety inspections.

4. In addition to the requirements of subsection 3, under an agreement for a system of public transit that provides for the transportation of passengers that is described in:

(a) Paragraph (a) of subsection 2, the public entity shall establish the routes and fares . [and provide for any required safety inspections.

3.] (b) Paragraph (c) or (d) of subsection 2, the common motor carrier:

(1) May provide transportation to any passenger who can board a vehicle with minimal assistance from the operator of the vehicle.

(2) Shall not offer medical assistance as part of its transportation service.

5. A nonprofit carrier of elderly or[physically or mentally handicapped] disabled”.

Amend section 1, page 2, by deleting lines 13 through 17 and inserting:

“[4.] 6. An incorporated city, county or regional transportation commission is not required to obtain a certificate of public convenience and necessity to operate a system of public transportation.

7. Before an incorporated city or a county enters into an agreement with a common motor carrier for a system of public transit that provides for the transportation of passengers that is described in paragraph (c) or (d) of subsection 2 in an area of the incorporated city or an area of the county, it must determine that:

(a) There are no other common motor carriers of passengers who are authorized to provide such services in that area; or

(b) Although there are other common motor carriers of passengers who are authorized to provide such services in the area, the common motor carriers of passengers do not wish to provide, or are not capable of providing, such services.”.

Amend sec. 3, page 3, by deleting lines 31 and 32 and inserting: “schedules;

Amend sec. 3, page 3, lines 42 and 43, by deleting “paragraph (b)” and inserting: “paragraph (b), (c) or (d)”.

Amend sec. 4, page 5, by deleting lines 14 through 17 and inserting:

“5. Transportation that is available pursuant to NRS 373.117.”.

Amend the title of the bill by deleting the fourth through seventh lines and inserting: “certain circumstances; expanding the authorized purposes of”.

Senator O’Donnell moved the adoption of the amendment.

Remarks by Senator O’Donnell.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 635.

Bill read second time.

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

Amendment No. 1002.

Amend sec. 21, page 5, line 6, by deleting “679B.287” and inserting: “679B.230 to 679B.287, inclusive,”.

Amend sec. 31, page 9, line 14, by deleting “679B.287” and inserting: “679B.230 to 679B.287, inclusive,”.

Amend sec. 32, page 9, line 16, after “Sec. 32.” by inserting “1.”.

Amend sec. 32, page 9, line 19, by deleting “1.” and inserting “(a)”.

Conflict of interest declared by Senator Porter.

Amend sec. 32, page 9, line 20, by deleting “(a)” and inserting “(1)”.

Amend sec. 32, page 9, line 21, by deleting “(b)” and inserting “(2)”.

Amend sec. 32, page 9, line 23, by deleting “(c)” and inserting “(3)”.

Amend sec. 32, page 9, line 26, by deleting “(d)” and inserting “(4)”.

Amend sec. 32, page 9, line 27, by deleting “(e)” and inserting “(5)”.

Amend sec. 32, page 9, line 29, by deleting “(f)” and inserting “(6)”.

Amend sec. 32, page 9, line 31, by deleting “(g)” and inserting “(7)”.

Amend sec. 32, page 9, line 35, by deleting “(h)” and inserting “(8)”.

Amend sec. 32, page 9, line 36, by deleting “2.” and inserting “(b)”.

Amend sec. 32, page 9, between lines 37 and 38, by inserting:

“2. The provisions of NRS 679B.310 to 679B.370, inclusive, apply to hearings conducted pursuant to this section.”.

Amend sec. 34, page 10, by deleting lines 21 and 22 and inserting: “compliance with NRS 681A.140 to 681A.240, inclusive.”.

Senator Schneider moved the adoption of the amendment.

Remarks by Senator Schneider.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 661.

Bill read second time and ordered to third reading.

Assembly Joint Resolution No. 1.

Resolution read second time.

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

Amendment No. 1012.

Amend the resolution, page 2, by deleting lines 34 through 40 and inserting: “Nellis Air Force Range indefinitely, provided that:

1. If the range or any portion thereof ceases to be used for such purposes, the range or that portion which is no longer used for such purposes would revert to the State of Nevada for economic development or other purposes that the state determines are compatible with the character of the land;

2. The Federal Government will be responsible for any environmental cleanup of the range that may be required; and

3. The United States Air Force will provide periodic reports, every 5 years, to the Congress and the state, with continued public involvement and input, to:

(a) Determine whether continued operation of the range is necessary;

(b) Assess any damage to the environment of areas within the range; and

(c) Consider the possibility of authorizing other uses of the land within the range by residents of this state; and be it further”.

Amend the preamble of the resolution, page 1, line 14, by deleting: “25 years or”.

Amend the preamble of the resolution, page 2, by deleting lines 24 through 30 and inserting:

“WHEREAS, The Nellis Air Force Range has contributed significantly to the economy of this state, and the State of Nevada supports the use of the range for purposes directly related to the operation of the Nellis Air Force Base; now, therefore, be it”.

Amend the title of the resolution to read as follows:

“ASSEMBLY JOINT RESOLUTION—Urging Congress to authorize the withdrawal by the United States Air Force of the public land within the Nellis Air Force Range for an indefinite period subject to certain conditions.”.

Amend the summary of the resolution to read as follows:

“SUMMARY—Urges Congress to authorize withdrawal by United States Air Force of public land within Nellis Air Force Range for indefinite period subject to certain conditions. (BDR R‑1060)”.

Senator Rhoads moved the adoption of the amendment.

Remarks by Senator Rhoads.

Amendment adopted.

Resolution ordered reprinted, engrossed and to third reading.

Assembly Joint Resolution No. 13.

Resolution read second time.

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

Amendment No. 853.

Amend the resolution, page 1, by deleting lines 8 through 10 and inserting:

“[~~2. The]~~ Except as otherwise provided in subsection 2, the term of office of any justice or judge so appointed expires on the first Monday of January following the [~~next]~~ first general election [.] that is held at least 12 calendar months after the date on which the appointment was made. At that general election, a justice or judge must be elected to fill the remainder of the term.

2. If the date on which the appointment was made is within the 12 calendar months immediately preceding the expiration of the term of the vacated office, the term of office of the justice or judge appointed pursuant to subsection 1 is the remainder of the unexpired term of office.”.

Senator Care moved the adoption of the amendment.

Remarks by Senator Care.

Amendment adopted.

Resolution ordered reprinted, engrossed and to third reading.

MOTIONS, RESOLUTIONS AND NOTICES

Senator Rawson moved that Assembly Bill No. 515 be taken from the General File and placed on the General File on the Second Agenda.

Remarks by Senator Rawson.

Motion carried.

Senator Porter moved that Senate Bill No. 432 be taken from the General File and placed on the General File on the Second Agenda.

Remarks by Senator Porter.

Motion carried.

Senator Raggio moved that Assembly Joint Resolution No. 5 of the 69^th Session be taken from the General File and placed on the General File for the next legislative day.

Remarks by Senator Raggio.

Motion carried.

GENERAL FILE AND THIRD READING

Assembly Bill No. 14.

Bill read third time.

Remarks by Senators Rawson and Coffin.

Roll call on Assembly Bill No. 14:

Yeas—21.

Nays—None.

Assembly Bill No. 14 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 60.

Bill read third time.

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

Conflict of interest declared by Senators Raggio and James.

Roll call on Assembly Bill No. 60:

Yeas—12.

Nays—McGinness, O’Connell, O’Donnell, Porter, Rhoads, Washington—6.

Not Voting—Coffin, James, Raggio—3.

Assembly Bill No. 60 having received a constitutional majority, Mr. President pro Tempore declared it passed.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 109.

Bill read third time.

Roll call on Assembly Bill No. 109:

Yeas—21.

Nays—None.

Assembly Bill No. 109 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 134.

Bill read third time.

Roll call on Assembly Bill No. 134:

Yeas—21.

Nays—None.

Assembly Bill No. 134 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 158.

Bill read third time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 1053.

Amend sec. 21, page 13, line 42, by deleting the italicized semicolon and inserting: “or pursuant to section 3 of Senate Bill No. 148 of this session in making a general investigation and report;”.

Amend sec. 21, page 14, line 32, by deleting “176.135,” and inserting: “176.135[,] or making a general investigation and report pursuant to section 3 of Senate Bill No. 148 of this session,”.

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

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

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

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

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

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

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

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

(1) The child; or

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(a) A copy of:

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

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

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

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

7. Any person, except for:

(a) The subject of a report;

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

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

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

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

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

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

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

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

Amend sec. 30, page 21, line 6, by deleting “Sections” and inserting: “Section 12 of Senate Bill No. 148 of this session and sections”.

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

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

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

Senator James moved the adoption of the amendment.

Remarks by Senator James.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 239.

Bill read third time.

Roll call on Assembly Bill No. 239:

Yeas—20.

Nays—Titus.

Assembly Bill No. 239 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.

Bill ordered transmitted to the Assembly.

MOTIONS, RESOLUTIONS AND NOTICES

Senator Raggio moved that Assembly Bill No. 311 be taken from the General File and placed at the bottom of the General File.

Remarks by Senator Raggio.

Motion carried.

GENERAL FILE AND THIRD READING

Assembly Bill No. 258.

Bill read third time.

Remarks by Senators McGinness, Amodei and Townsend.

Roll call on Assembly Bill No. 258:

Yeas—20.

Nays—Washington.

Assembly Bill No. 258 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 272.

Bill read third time.

Conflict of interest declared by Senator Porter.

Roll call on Assembly Bill No. 272:

Yeas—20.

Nays—None.

Not Voting—Porter.

Assembly Bill No. 272 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 283.

Bill read third time.

Conflict of interest declared by Senator Amodei.

Roll call on Assembly Bill No. 283:

Yeas—20.

Nays—None.

Not Voting—Amodei.

Assembly Bill No. 283 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 297.

Bill read third time.

Roll call on Assembly Bill No. 297:

Yeas—21.

Nays—None.

Assembly Bill No. 297 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 457.

Bill read third time.

Remarks by Senators Neal, O’Donnell and James.

Roll call on Assembly Bill No. 457:

Yeas—16.

Nays—Carlton, Coffin, James, Mathews, Neal—5.

Assembly Bill No. 457 having received a constitutional majority, Mr. President pro Tempore declared it passed.

Bill ordered transmitted to the Assembly.

Senator Raggio moved that the Senate recess until 4 p.m.

Motion carried.

Senate in recess at 2:11 p.m.

SENATE IN SESSION

At 5:53 p.m.

President pro Tempore Jacobsen presiding.

Quorum present.

REPORTS OF COMMITTEES

Mr. President pro Tempore:

Your Committee on Human Resources and Facilities, to which was referred Assembly Bill No. 429, 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

Mr. President pro Tempore:

Your Committee on Taxation, to which was referred Assembly Bill No. 504, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Mike McGinness, Chairman

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, May 20, 1999

To the Honorable the Senate:

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

Susan Furlong Reil

Assistant Chief Clerk of the Assembly

MOTIONS, RESOLUTIONS AND NOTICES

Senator Rawson moved that Assembly Bill No. 238 be taken from the Secretary’s desk and placed on the Second Reading File.

Remarks by Senator Rawson.

Motion carried.

Senator Rawson gave notice that on the next legislative day he would move to reconsider the vote whereby Assembly Bill No. 60 was this day passed.

Senator Raggio moved that Senate Bills Nos. 279, 280, 283, 305, 329, 411; Assembly Bills Nos. 15, 132, 181, 182, 193, 195, 280, 298, 306, 318, 332, 400, 424, 486, 569, 604, 668, 669, 674, 680 reported out of committee be placed on the Second Reading File for consideration this legislative day.

Remarks by Senator Raggio.

Motion carried.

Senator Raggio moved that Senate Bill No. 401 reported out of committee be placed on the General File.

Remarks by Senator Raggio.

Motion carried.

Senator O’Connell moved that Assembly Bill No. 486 be taken from the Second Reading File and placed on the Second Reading for the next legislative day.

Remarks by Senator O’Connell.

Motion carried.

Senator Townsend moved that Assembly Bill No. 193 be taken from the Second Reading File and placed on the Second Reading File for the next legislative day.

Remarks by Senator Townsend.

Motion carried.

Senator Rawson moved that Senate Bill No. 8 be taken from the Secretary’s desk and placed on General File.

Remarks by Senator Rawson.

Motion carried.

Senator Rhoads moved that Assembly Bill No. 198 be taken from the Secretary's desk and placed on General File.

Remarks by Senator Rhoads.

Motion carried.

Assembly Concurrent Resolution No. 69—Revising the Joint Standing Rules of the Senate and Assembly for the 70^th session of the Legislature governing notices of reconsideration and exemptions of bills from the rules relating to limitations on introductions and requests for legislative measures and the schedule for their enactment.

Resolved by the assembly of the State of Nevada, the Senate Concurring, That Rules Nos. 14.3, 14.5 and 14.6 of the Joint Standing Rules of the Senate and Assembly as adopted by the 70th session of the Nevada Legislature are hereby amended to read as follows:

Rule No. 14.3. Final Dates for Action by Standing Committees and Houses; Final Date for Requesting Drafting of Reports for Conference Committees.

Except as otherwise provided in Joint Standing Rules Nos. 14.4, 14.5 and 14.6:

1. The final standing committee to which a bill is referred in its House of origin may only take action on the bill on or before the 68th calendar day of the legislative session. A bill may be re-referred after that date only to the Committee on Finance or the Committee on Ways and Means and only if the Fiscal Analysis Division has determined pursuant to subsection 1 of Joint Standing Rule No. 14.6 that the bill is exempt.

2. Final action on a bill may only be taken by the House of origin on or before the 78^th calendar day of the legislative session.

3. The final standing committee to which a bill is referred in the second House may only take action on the bill on or before the 103rd calendar day of the legislative session. A bill may be re-referred after that date only to the Committee on Finance or the Committee on Ways and Means and only if the Fiscal Analysis Division has determined pursuant to subsection 1 of Joint Standing Rule No. 14.6 that the bill is exempt.

4. Final action on a bill may only be taken by the second House on or before the 110^th calendar day of the legislative session.

5. Requests for the drafting of reports for Conference Committees must be submitted to the Legislative Counsel on or before the 118th calendar day of the legislative session.

No notice of reconsideration of any final vote on a bill is in order on the last day on which final action is allowed.

Rule No. 14.5. Waivers.

1. At the request of a legislator or a standing committee of the Senate or Assembly, subsection 1 or 2 of Joint Standing Rule No. 14, subsection 1 of Joint Standing Rule No. 14.2 or any of the provisions of Joint Standing Rule No. 14.3, or any combination thereof, may be waived by the Majority Leader of the Senate and the Speaker of the Assembly, acting jointly, at any time during a legislative session. A request for a waiver submitted by a standing committee must be approved by a majority of all members appointed to the committee before the request is submitted to the Majority Leader and the Speaker.

2. A waiver granted pursuant to subsection 1:

(a) Must be in writing, executed on a form provided by the Legislative Counsel, and signed by the Majority Leader and the Speaker.

(b) Must indicate the date on which the waiver is granted.

(d) Must include the bill number for which the waiver is granted or indicate that the Legislative Counsel is authorized to accept and honor a request for a new bill.

(e) Must indicate the provisions to which the waiver applies.

(f) May include the conditions under which the bill for which the waiver is being granted must be introduced and processed.

3. The Legislative Counsel shall not honor a request for the drafting of a new bill for which a waiver is granted pursuant to this rule unless such information as is required to draft the bill is submitted to the Legislative Counsel within 2 calendar days after the date on which the waiver is granted.

4. Upon the receipt of a written waiver granted pursuant to this rule, the Legislative Counsel shall transmit a copy of the waiver to the Secretary of the Senate and the Chief Clerk of the Assembly. The notice that a waiver has been granted for an existing bill must be read on the floor and entered in the journal, and a notation that the waiver was granted must be included as a part of the history of the bill on the next practicable legislative day. A notation that a waiver was granted authorizing a new bill must be included as a part of the history of the bill after introduction.

5. The Legislative Counsel shall secure the original copy of the waiver to the official cover of the bill.

6. No notice of reconsideration of any final vote on a bill is in order on the last day on which final action is allowed by a waiver.

Rule No. 14.6. Exemptions.

1. Upon request of the draft by or referral to the Senate Finance Committee or the Assembly Committee on Ways and Means, a bill which has been determined by the Fiscal Analysis Division to:

(a) Contain an appropriation;

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

(d) Implement a budget decision; or

(e) Significantly decrease any revenue of the state,

is exempt from the provisions of subsections 1 and 2 of Joint Standing Rule No. 14, subsection 1 of Joint Standing Rule No. 14.2 and Joint Standing Rule No. 14.3. The Fiscal Analysis Division shall give notice to the Legislative Counsel to cause to be printed on the face of the bill the term “exempt” for any bills requested by the Senate Finance Committee or Assembly Committee on Ways and Means that have been determined to be exempt and shall give written notice to the Legislative Counsel, Secretary of the Senate and Chief Clerk of the Assembly of any bill which is determined to be exempt after it is printed. A notation of each exemption granted after the bill was printed must be included as a part of the history of the bill on the next practicable legislative day. The term “exempt” must be printed on the face of all subsequent reprints of the bill.

2. All of the provisions of Joint Standing Rules Nos. 14, 14.2 and 14.3 apply to a bill until it is determined to be exempt pursuant to subsection 1. A bill determined to be exempt does not lose the exemption regardless of subsequent actions taken by the Legislature.

3. A cumulative list of all bills determined to be exempt after being printed must be maintained and printed in the back of the list of requests for the preparation of legislative measures prepared pursuant to NRS 218.2475.

4. The provisions of subsections 1 and 2 of Joint Standing Rule No. 14, subsection 1 of Joint Standing Rule No. 14.2 and Joint Standing Rule No. 14.3 do not apply to:

(a) A bill required to carry out the business of the Legislature.

(b) A joint, concurrent or simple resolution.

(c) A bill that was previously enrolled but, upon the request of the Legislature, has been returned from the Governor for further consideration.

Senator Raggio moved the adoption of the resolution.

Remarks by Senators Raggio, Neal and Wiener.

Resolution adopted.

Senator Rawson moved that Assembly Bill No. 15 be taken from the Second Reading File and placed on the Second Reading File for the next legislative day.

Remarks by Senator Rawson.

Motion carried.

Notice Of Exemption

May 20, 1999

The Fiscal Analysis Division, pursuant to Joint Rule No. 14.6, has determined the exemption of: Senate Bills Nos. 47, 481, 514, 544; Assembly Bill No. 687 for it:

(a) Contains an appropriation;

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

(d) Significantly decreases any revenue of the state.

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

Mark Stevens

Fiscal Analysis Division

UNFINISHED BUSINESS

Consideration of Assembly Amendments

Senate Bill No. 445.

The following Assembly amendment was read:

Amendment No. 986.

Amend sec. 3, page 3, by deleting lines 21 through 30 and inserting:

“(d) Instruction relating to child abuse.

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

(f) American Sign Language.

(g) Environmental education.

(h) Adult roles and responsibilities.

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

Amend sec. 6, page 4, by deleting line 3 and inserting:

“Sec. 6. NRS 389.050, 389.060, 389.075, 389.080,”.

Amend sec. 6, page 4, line 4, by deleting “389.085,”.

Amend the bill as a whole by deleting the text of repealed sections and inserting the leadlines of repealed sections, following sec. 7, to read as follows:

“LEADLINES OF REPEALED SECTIONS

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

389.060 Instruction in physiology, hygiene and cardiopulmonary resuscitation.

389.075 Instruction relating to child abuse.

389.080 Instruction in economics of American system of free enterprise.

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

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

389.120 Environmental education: Counseling programs.

389.130 Environmental education: Programs for outdoor education and camping.

389.140 Environmental education: Duties of superintendent of public instruction. 389.170 Course of study: Technology.

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

Senator Rawson moved that the Senate do not concur in the Assembly amendment to Senate Bill No. 445.

Remarks by Senators Rawson and Coffin.

Motion carried.

Bill ordered transmitted to the Assembly.

Recede From Senate Amendments

Senator James moved that the Senate do not recede from its action on Assembly Bill No. 267, that a conference be requested, and that Mr. President pro Tempore appoint a first Conference Committee consisting of three members to meet with a like committee of the Assembly.

Remarks by Senator James.

Motion carried.

Appointment of Conference Committees

Mr. President pro Tempore appointed Senators McGinness, Porter and Wiener as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Assembly Bill No. 267.

Recede From Senate Amendments

Senator James moved that the Senate do not recede from its action on Assembly Bill No. 617, that a conference be requested, and that Mr. President pro Tempore appoint a first Conference Committee consisting of three members to meet with a like committee of the Assembly.

Remarks by Senator James.

Motion carried.

Appointment of Conference Committees

Mr. President pro Tempore appointed Senators Wiener, Care and Washington as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Assembly Bill No. 617.

SECOND READING AND AMENDMENT

Senate Bill No. 279.

Bill read second time.

The following amendment was proposed by the Committee on Finance:

Amendment No. 1074.

Amend the bill as a whole by renumbering sections 1 through 3 as sections 2 through 4 and adding a new section designated section 1, following the enacting clause, to read as follows:

“Section 1. Section 1 of chapter 370, Statutes of Nevada 1997, at page 1315, is hereby amended to read as follows:

Section 1. 1. There is hereby appropriated from the state highway fund to the Department of Motor Vehicles and Public Safety the sum of $14,102,711 for the cost of completing Phase II of the Implementation Plan for the Business Process Re-Engineering Project through implementation of the integrated registration and drivers’ license data base at a full-service facility, as described in the Project Genesis Business Process Re-Engineering Report, dated May 15, 1996.

2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, [1999,]2000, and reverts to the state highway fund as soon as all payments of money committed have been made.”.

Amend section 1, page 1, line 3, by deleting “$8,631,993” and inserting “$7,707,993”.

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

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

“AN ACT relating to the Department of Motor Vehicles and Public Safety; extending the reversion date of a prior appropriation for completion of Phase II of the Implementation Plan for the Business Process Re-Engineering Project of the Department; making an appropriation to the Department for”.

Amend the summary of the bill to read as follows:

“SUMMARY—Extends reversion date of prior appropriation to Department of Motor Vehicles and Public Safety for completion of Phase II of Implementation Plan for Business Process Re-Engineering Project and makes appropriation for implementation of Project Genesis Phase II and related enabling technologies. (BDR S‑1471)”.

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. 280.

Bill read second time.

The following amendment was proposed by the Committee on Finance:

Amendment No. 1075.

Amend section 1, page 1, line 3, by deleting “$1,236,788” and inserting “$1,185,476”.

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. 283.

Bill read second time and ordered to third reading.

Senate Bill No. 305.

Bill read second time.

The following amendment was proposed by the Committee on Finance:

Amendment No. 1076.

Amend the bill as a whole by renumbering sections 1 through 3 as sections 3 through 5 and adding new sections designated sections 1 and 2, following the enacting clause, to read as follows:

“Section 1. Section 4 of chapter 266, Statutes of Nevada 1997, at page 915, is hereby amended to read as follows:

Sec. 4. Any remaining balance of the appropriation made by section 3 of this act must not be committed for expenditure after June 30, [1999,] 2001, and reverts to the state general fund as soon as all payments of money committed have been made.

Sec. 2. Section 1 of chapter 648, Statutes of Nevada 1997, at page 3227, is hereby amended to read as follows:

Section 1. 1. There is hereby appropriated to the Department of Administration from the:

(a) State general fund, the sum of $24,474,063; and

(b) State highway fund, the sum of $5,626,238,

for the implementation of the technology improvement plan for state government.

2. Any remaining balance of the appropriations made by subsection 1 must not be committed for expenditure after June 30, [1999,] 2001, and reverts to the state general fund and the state highway fund, respectively, as soon as all payments of money committed have been made.

3. Commencing on July 1, 1999, the Department of Information Services shall repay in annual installments to the State Treasurer for deposit to the state general fund the cost of installing a private branch exchange system. Each installment must be equal to 10 percent of the total cost of the installed system.”.

Amend sec. 3, page 2, line 5, by deleting: “Section 1 of this act becomes” and inserting: “This section and sections 1, 2 and 3 of this act become”.

Amend sec. 3, page 2, line 7, by deleting “Section 2” and inserting “Section 4”.

Amend the title of the bill, by deleting the first line, and inserting:

“AN ACT relating to the Department of Administration; extending the reversion dates for certain prior appropriations made to the Department; making appropriations to the Department for the completion of”.

Amend the summary of the bill to read as follows:

“SUMMARY—Extends reversion date of certain prior appropriations to Department of Administration and makes appropriations for completion of Phase III and for continued development of Integrated Financial Management System. (BDR S‑1454)”.

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. 329.

Bill read second time.

The following amendment was proposed by the Committee on Finance:

Amendment No. 736.

Amend section 1, page 2, line 12, before “There” by inserting “1.”.

Amend section 1, page 2, between lines 15 and 16, by inserting:

“2. The appropriation made by subsection 1 is contingent upon:

(a) An authorization and appropriation of money by the Federal Government to build the California Immigrant Trail Interpretive Center in Elko County; and

(b) An agreement by the Federal Government to own and operate the California Immigrant Trail Interpretive Center in Elko County.”.

Amend sec. 3, page 2, line 20, by deleting: “upon passage and approval.” and inserting: “on July 1, 2001.”.

Amend the preamble of the bill, page 2, line 7, after “trails;” by inserting: “and

Whereas, Other trail interpretive centers have been built with the primary funding coming from the Federal Government after a demonstration of local and state governmental support; and

Whereas, The Board of County Commissioners of Elko County has committed $1,000,000 to assist in the construction of a California Immigrant Trail Interpretive Center in Elko County, contingent upon the commitments required by subsection 2 of section 1 of this act; and

Whereas, The Board of Supervisors of the City of Elko has committed $2,000,000 to assist in the construction of a California Immigrant Trail Interpretive Center in Elko County, contingent upon the commitments required by subsection 2 of section 1 of this act;”.

Amend the title of the bill, first line, by deleting “an” and inserting: “a prospective contingent”.

Amend the summary of the bill, first line, after “Makes” by inserting “prospective contingent”.

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. 411.

Bill read second time.

The following amendment was proposed by the Committee on Finance:

Amendment No. 844.

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

“Sec. 4. 1. The legislature hereby finds and declares that:

(a) Those businesses that hold property of an interstate or intercounty nature which is valued for assessment purposes pursuant to NRS 361.320 are a stable and important component of the tax base of local governments;

(b) Because of economic forces at work over the years, the method of valuation and appraisal employed to assess property of an interstate or intercounty nature has resulted in the taxation of intangible personal property, while the method of valuation and appraisal employed to assess property of an intracounty nature has not resulted in the taxation of intangible personal property;

(c) The legislature hereby finds and determines that it is more equitable to establish the valuation for assessment purposes of all personal property in the same manner; and

(d) The gradual elimination of intangible personal property from the valuation and assessment of property of an interstate or intercounty nature should allow the natural growth of those businesses that hold such property to offset the elimination of intangible personal property from the tax base of local governments.

2. Notwithstanding the amendatory provisions of this act:

(a) For the fiscal year commencing July 1, 2000, the department of taxation must assess 100 percent of the value of intangible personal property of an interstate or intercounty nature as though the intangible personal property were real or tangible personal property.

(b) For the fiscal year commencing July 1, 2001, the department of taxation must assess 66.6 percent of the value of intangible personal property of an interstate or intercounty nature as though the intangible personal property were real or tangible personal property.

(c) For the fiscal year commencing July 1, 2002, the department of taxation must assess 33.3 percent of the value of intangible personal property of an interstate or intercounty nature as though the intangible personal property were real or tangible personal property.

(d) For the purposes of distributing the proceeds of the taxes included in the local government tax distribution account:

(1) For the fiscal years commencing July 1, 2001, and July 1, 2002, if the assessed value of all property of an interstate or intercounty nature assessed pursuant to subsections 2 and 3 that is allocated to a county is less than 100 percent of the assessed value of all property of an interstate or intercounty nature that was allocated to that county for the fiscal tax year commencing July 1, 1999, the department of taxation shall adjust the allocation of the assessed value of all property of an interstate or intercounty nature for that county in a manner that will ensure that the allocation remains at least equal to the assessed value for the fiscal tax year commencing July 1, 1999.

(2) For the fiscal year commencing July 1, 2003, if the assessed value of all property of an interstate or intercounty nature assessed pursuant to NRS 361.320 that is allocated to a county is less than 100 percent of the assessed value of all property of an interstate or intercounty nature that was allocated to that county for the fiscal tax year commencing July 1, 1999, the department of taxation shall adjust the allocation of the assessed value of all property of an interstate or intercounty nature for that county in a manner that will ensure that the allocation remains at least equal to the assessed value for the fiscal year commencing July 1, 1999.

Sec. 5. 1. The committee shall monitor the implementation of this act and conduct an interim study of the current system of taxation of those businesses, whether centrally or locally assessed as of June 30, 1999, that are engaged, in whole or in part, in any of the following activities:

(a) Railroad, sleeping car, private car, street railway or traction;

(b) Scheduled or unscheduled air transport;

(d) Natural gas transmission and distribution;

(e) Electric light and power; or

(f) Railway express.

2. On or before February 15, 2001, the committee shall prepare a report of its findings and recommendations and submit the report to the director of the legislative counsel bureau for transmittal to the senate and assembly committees on taxation of the 71st session of the Nevada legislature for their review.

3. The chairman of the committee may appoint a subcommittee to assist in conducting the study. Any subcommittee appointed by the chair of the committee shall consist of members of the committee, members of the advisory committee to the committee and members of businesses described in subsection 1. Any subcommittee appointed pursuant to this subsection shall report its findings to the committee on or before October 1, 2000.

4. The report required pursuant to subsection 2 must include:

(a) An evaluation of whether the current system of taxation used to assess taxes upon those businesses described in subsection 1 is fair and equitable, including the method of assessment and application of the property tax, when compared with the system of taxation used to assess taxes upon other businesses in this state;

(b) An evaluation of the extent to which local governments in this state rely upon the revenues obtained from the current system of taxation used to assess taxes upon those businesses described in subsection 1, including, without limitation, an evaluation of the manner in which the tax bases of the local governments are affected by that system;

(c) An evaluation of the impact of the changes made by the provisions of this act upon revenues of local governments and upon the tax base relied upon by each local government for its revenue;

(d) An evaluation of the extent to which any local government or agency of the state provides services that compete with the businesses described in subsection 1;

(e) An evaluation of any alternative system of taxation that could be used to assess taxes upon the businesses described in subsection 1 that:

(1) Does not create substantially more or less revenue for local governments, in the aggregate, than would otherwise be available if the system of taxation were not changed;

(2) Provides for a source of revenue for local governments that is as stable and reliable as possible; and

(3) Is fair and equitable to the businesses described in subsection 1 as compared to the current system of taxation used to assess taxes upon all businesses in this state; and

(f) A recommendation from the committee regarding whether a change to the system of taxation used to assess taxes upon the businesses described in subsection 1 is advisable and, if so, the alternative system of taxation which would ensure the most fair and equitable result possible.

5. As used in this section, “committee” has the meaning ascribed to it in NRS 218.5388.”.

Amend sec. 4, page 5, by deleting line 7 and inserting:

“Sec. 6. 1. This section and sections 1, 3 and 5 of this act become effective on July 1, 1999, for the purpose of authorizing the department of taxation to take all actions necessary to carry out the provisions of this act in a timely manner, and on July 1, 2000, for all other purposes.

2. Sections 2 and 4 of this act become effective on July 1, 1999.”.

Amend the title of the bill, third line, after “taxation;” by inserting: “directing the legislative committee to study the distribution among local governments of revenue from state and local taxes to conduct a study; requiring that a report of the recommendations and findings of the study be presented to the 71st session of the Nevada legislature;”.

Amend the summary of the bill to read as follows:

“SUMMARY—Conforms methods used by Nevada tax commission for valuation of property to methods used by county assessors, exempts intangible personal property from taxation and requires legislative committee to study distribution among local governments of revenue from state and local taxes to conduct a study. (BDR 32‑007)”.

Senator Raggio moved the adoption of the amendment.

Remarks by Senator Raggio.

Conflict of interest declared by Senator Raggio.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 132.

Bill read second time.

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

Amendment No. 793.

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

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

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

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

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

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

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

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

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

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

“6. As used in this section:

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

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

(2) The right to develop the real property;

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

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

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

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

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

Senator Rhoads moved the adoption of the amendment.

Remarks by Senators Rhoads and Neal.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 181.

Bill read second time and ordered to third reading.

Assembly Bill No. 182.

Bill read second time.

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

Amendment No. 852.

Amend section 1, page 1, by deleting line 6 and inserting:

“2. The purpose of the interlocal agreement is to address:”.

Amend section 1, pages 1 and 2, by deleting line 11 on page 1 and lines 1 through 3 on page 2, and inserting: “Transportation shall consult with Clark County in an effort to ensure that the construction of highways described in subsection 1 is consistent with state and local standards and with encroachment requirements of third parties.”.

Senator O’Connell moved the adoption of the amendment.

Remarks by Senator O’Connell.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 195.

Bill read second time.

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

Amendment No. 810.

Amend sec. 2, page 3, by deleting lines 27 through 33 and inserting:

“1. Members of a county law enforcement agency, or if the county is within the jurisdiction of a metropolitan police department, the members of the metropolitan police department, may patrol and provide for the public safety:

(a) Within the common areas of a mobile home park that is located within the unincorporated area of the county and into or upon which the public is admitted by easement, license or otherwise; and

(b) With the permission of the manager of such a mobile home park, within other areas of the mobile home park.

2. As used in this section:

(a) “Manager” has the meaning ascribed to it in NRS 118B.0145; and

(b) “Mobile home park” has the meaning”.

Amend sec. 3, pages 3 and 4, by deleting lines 37 through 42 on page 3 and line 1 on page 4, and inserting:

“1. Members of the law enforcement agency of an incorporated city, or if the incorporated city is within the jurisdiction of a metropolitan police department, the members of the metropolitan police department, may patrol and provide for the public safety:

(a) Within the common areas of a mobile home park that is located within the incorporated city and into or upon which the public is admitted by easement, license or otherwise; and

(b) With the permission of the manager of such a mobile home park, within other areas of the mobile home park.

2. As used in this section:

(a) “Manager” has the meaning ascribed to it in NRS 118B.0145; and

(b) “Mobile home park” has the meaning”.

Amend the title of the bill by deleting the fourth and fifth lines and inserting: “authority for law enforcement agencies of certain cities and counties or the metropolitan police department to patrol certain areas within mobile home parks under certain circumstances; and providing other matters properly”.

Senator Townsend moved the adoption of the amendment.

Remarks by Senator Townsend.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 280.

Bill read second time.

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

Amendment No. 930.

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

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

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

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

1. The use of noxious odors and tastes;

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

3. The use of blasts of air;

4. The use of electric shock;

5. The administration of chemical restraint to a person;

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

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

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

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

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

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

12. The use of physical restraint.

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

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

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

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

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

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

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

(a) School psychologist;

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

(d) Licensed teacher.

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

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

2. The plan for behavior management must:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1. The use of noxious odors and tastes;

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

3. The use of blasts of air;

4. The use of electric shock;

5. The administration of chemical restraint to a person;

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

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

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

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

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

12. The use of physical restraint.

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

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

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

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

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

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

(a) School psychologist;

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

(d) Licensed teacher.

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

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

2. The plan for behavior management must:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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