ONE HUNDRED AND TWENTIETH DAY

ONE HUNDRED AND TWENTIETH DAY

Carson City(Monday), May 31, 1999

Senate called to order at 11:30 a.m.

President Hunt presiding.

Roll called.

All present.

Prayer by the Chaplain, the Reverend David G. Camp.

Let us share a moment of prayer.

We give You thanks that this session of the Nevada Legislature is closing. Some of us are more appreciative than others but we all are grateful for things which have been accomplished.

We give You thanks this day for the memories of those who fought and died for the preservation of the freedoms that make our nation great. Lord bless those who sacrificed and gave their all for us. Lord, make us ever mindful of the debt we owe to them and the need to continue the fight for freedom.

We give You thanks this day that as a people we are free from persecutions and can publicly join in prayer to thee, O God. Sustain those persons in nations where they cannot enjoy such freedom and privilege. Help us, O Lord, to do what is right to help them find such freedom.

We give our thanks to thee, O Lord God Almighty, for this day and for all the days yet to come.

Amen.

Pledge of allegiance to the Flag.

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

Motion carried.

REPORTS OF COMMITTEES

Madam President:

Your Committee on Finance, to which were referred Assembly Bills Nos. 564, 598, 698, 701, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Also, your Committee on Finance, to which was referred Assembly Bill No. 597, 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

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, May 30, 1999

To the Honorable the Senate:

I have the honor to inform your honorable body that the Assembly amended, and on this day adopted, as amended, Assembly Concurrent Resolution No. 67.

Also, I have the honor to inform your honorable body that the Assembly amended, and on this day passed, as amended, Senate Bill No. 329, Amendment No. 1222, and respectfully requests your honorable body to concur in said amendment.

Also, I have the honor to inform your honorable body that the Assembly on this day concurred in the Senate Amendment No. 1195 to Assembly Bill No. 684.

Also, I have the honor to inform your honorable body that the Assembly on this day respectfully refused to recede from its action on Senate Bill No. 544, Assembly Amendment No. 1199, and requests a conference, and appointed Assemblymen Dini, Arberry and Perkins as a first Conference Committee to meet with a like committee of the Senate.

Also, I have the honor to inform your honorable body that the Assembly on this day appointed Assemblymen Goldwater, Buckley and Berman as a first Conference Committee concerning Assembly Bill No. 64.

Also, I have the honor to inform your honorable body that the Assembly on this day appointed Assemblymen Giunchigliani, Goldwater and Hettrick as a second Conference Committee concerning Assembly Bill No. 109.

Also, I have the honor to inform your honorable body that the Assembly on this day appointed Assemblymen Dini, Marvel and Arberry as a second Conference Committee concerning Assembly Bill No. 289.

Also, I have the honor to inform your honorable body that the Assembly on this day adopted the report of the first Conference Committee concerning Senate Bill No. 302 and appointed Assemblymen Parks, McClain and Carpenter as a second Conference Committee to meet with a like committee of the Senate for further consideration of Senate Bill No. 302.

Also, I have the honor to inform your honorable body that the Assembly on this day appointed Assemblymen Anderson, Giunchigliani and Carpenter as a first Conference Committee concerning Assembly Bill No. 689.

Also, I have the honor to inform your honorable body that the Assembly on this day adopted the report of the second Conference Committee concerning Senate Bill No. 360.

Also, I have the honor to inform your honorable body that the Assembly on this day adopted the report of the first Conference Committee concerning Senate Bill No. 475.

Also, I have the honor to inform your honorable body that the Assembly on this day adopted the report of the second Conference Committee concerning Assembly Bill No. 109.

Also, I have the honor to inform your honorable body that the Assembly on this day adopted the report of the first Conference Committee concerning Assembly Bill No. 280.

Also, I have the honor to inform your honorable body that the Assembly on this day adopted the report of the first Conference Committee concerning Assembly Bill No. 431.

Also, I have the honor to inform your honorable body that the Assembly on this day adopted the report of the first Conference Committee concerning Assembly Bill No. 689.

Susan Furlong Reil

Assistant Chief Clerk of the Assembly

UNFINISHED BUSINESS

Consideration of Assembly Amendments

Senate Bill No. 259.

The following Assembly amendments were read:

Amendment No. 944.

Amend sec. 2, page 5, by deleting lines 31 and 32 and inserting:

“(c) A business that creates or produces motion pictures. As used in this paragraph,”.

Amend sec. 7, page 9, by deleting lines 5 through 12 and inserting:

“2. “Production” means[:

(a) A stage production; or

(b) A motion picture, as that term is defined in NRS 231.020, that uses artists.] a stage production, concert, trade show, exhibition, convention or sporting event. The term includes the technical personnel used to create and produce the production.”.

Amend sec. 7, page 9, by deleting lines 15 through 21 and inserting: “or attempts to organize a production. [The term also includes a company that, in connection with the production of a motion picture within this state:

(a) Is hired or established to organize or manage the payroll of the production and is the employer of record of any or all of the persons engaged in the production; or

(b) Is responsible for all of the debts and obligations incurred by a motion picture company in the production.]”.

Amend the bill as a whole by deleting sec. 9 and renumbering sections 10 and 11 as sections 9 and 10.

Amend sec. 10, page 11, by deleting lines 6 through 11 and inserting: “608.300 to 608.330, inclusive[:

1. Is] , is guilty of a misdemeanor . [; and

2. May be prohibited by the division of motion pictures of the commission on economic development from proceeding with the production until the division determines that he is in compliance with those provisions.]”.

Amend sec. 11, page 11, line 12, by deleting “is” and inserting: “and 608.325 are”.

Amend the text of repealed sections by adding the text of NRS 608.325.

Amend the title of the bill to read as follows:

“AN ACT relating to business; revising the requirements for certain businesses to qualify for a partial abatement of certain taxes imposed on the personal property of the business or to comply with certain duties imposed for the privilege of conducting business in this state; increasing the membership of the commission on tourism; revising the provisions concerning legislative appropriations to the commission on economic development for awarding grants to develop certain programs for occupational education; and providing other matters properly relating thereto.”.

Amendment No. 1060.

Amend sec. 6, page 8, line 37, by deleting “The” and inserting: “[The] In addition to the appointments made pursuant to subsection 3, the”.

Amend sec. 6, page 8, line 41, by deleting “Two” and inserting: “At least two”.

Amendment No. 1211.

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

Amend the bill as a whole by deleting sec. 4 and renumbering sections 5 through 9 as sections 3 through 7.

Amend the bill as a whole by deleting sec. 10 and adding new sections designated sections 8 through 10, following sec. 9, to read as follows:

“Sec. 8. Section 1 of Senate Bill No. 537 of this session is hereby amended to read as follows:

Section 1. Chapter 360 of NRS is hereby amended by adding thereto a new section to read as follows:

1. A person who intends to locate or expand a business in this state may apply to the commission on economic development for a partial abatement of one or more of the taxes imposed on the new or expanded business pursuant to chapter 361, 364A or 374 of NRS.

2. The commission on economic development shall approve an application for a partial abatement if the commission makes the following determinations:

(a) The business is consistent with:

(1) The state plan for industrial development and diversification that is developed by the commission pursuant to NRS 231.067; and

(2) Any guidelines adopted pursuant to the state plan.

(b) The applicant has executed an agreement with the commission which states that the business will, after the date on which a certificate of eligibility for the abatement is issued pursuant to subsection 5, continue in operation in this state for a period specified by the commission, which must be at least 5 years, and will continue to meet the eligibility requirements set forth in this subsection. The agreement must bind the successors in interest of the business for the specified period.

(c) The business is registered pursuant to the laws of this state or the applicant commits to obtain a valid business license and all other permits required by the county, city or town in which the business operates.

(d) Except as otherwise provided in NRS 361.0687, if the business is a new business in a county or city whose population is 50,000 or more, the business meets at least two of the following requirements:

(1) The business will have 75 or more full-time employees on the payroll of the business by the fourth quarter that it is in operation.

(2) Establishing the business will require the business to make a capital investment of at least $1,000,000 in this state.

(3) The average hourly wage that will be paid by the new business to its employees in this state is at least 100 percent of the average statewide hourly wage as established by the employment security division of the department of employment, training and rehabilitation on July 1 of each fiscal year and:

(I) The business will provide a health insurance plan for all employees that includes an option for health insurance coverage for dependents of the employees; and

(II) The cost to the business for the benefits the business provides to its employees in this state will meet the minimum requirements for benefits established by the commission by regulation pursuant to subsection 9.

(e) Except as otherwise provided in NRS 361.0687, if the business is a new business in a county or city whose population is less than 50,000, the business meets at least two of the following requirements:

(1) The business will have 25 or more full-time employees on the payroll of the business by the fourth quarter that it is in operation.

(2) Establishing the business will require the business to make a capital investment of at least $250,000 in this state.

(I) The business will provide a health insurance plan for all employees that includes an option for health insurance coverage for dependents of the employees; and

(f) If the business is an existing business, the business meets at least two of the following requirements:

(1) The business will increase the number of employees on its payroll by 10 percent more than it employed in the immediately preceding fiscal year or by six employees, whichever is greater.

(2) The business will expand by making a capital investment in this state in an amount equal to at least 20 percent of the value of the tangible property possessed by the business in the immediately preceding fiscal year. The determination of the value of the tangible property possessed by the business in the immediately preceding fiscal year must be made by the:

(I) County assessor of the county in which the business will expand, if the business is locally assessed; or

(II) Department, if the business is centrally assessed.

(3) The average hourly wage that will be paid by the existing business to its new employees in this state is at least 100 percent of the average statewide hourly wage as established by the employment security division of the department of employment, training and rehabilitation on July 1 of each fiscal year and:

(I) The business will provide a health insurance plan for all new employees that includes an option for health insurance coverage for dependents of the employees; and

(II) The cost to the business for the benefits the business provides to its new employees in this state will meet the minimum requirements for benefits established by the commission by regulation pursuant to subsection 9.

3. Notwithstanding the provisions of subsection 2, the commission on economic development may:

(a) Approve an application for a partial abatement by a business that does not meet the requirements set forth in paragraph (d), (e) or (f) of subsection 2;

(b) Make the requirements set forth in paragraph (d), (e) or (f) of subsection 2 more stringent; or

if the commission determines that such action is necessary.

4. If a person submits an application to the commission on economic development pursuant to subsection 1, the commission shall provide notice to the governing body of the county and the city or town, if any, in which the person intends to locate or expand a business. The notice required pursuant to this subsection must set forth the date, time and location of the hearing at which the commission will consider the application.

5. If the commission on economic development approves an application for a partial abatement, the commission shall immediately forward a certificate of eligibility for the abatement to:

(a) The department;

(b) The Nevada tax commission; and

6. An applicant for a partial abatement pursuant to this section or an existing business whose partial abatement is in effect shall, upon the request of the executive director of the commission on economic development, furnish the executive director with copies of all records necessary to verify that the applicant meets the requirements of subsection 2.

7. If a business whose partial abatement has been approved pursuant to this section and is in effect ceases:

(a) To meet the requirements set forth in subsection 2; or

(b) Operation before the time specified in the agreement described in paragraph (b) of subsection 2,

the business shall repay to the department or, if the partial abatement was from the property tax imposed pursuant to chapter 361 of NRS, to the county treasurer, the amount of the exemption that was allowed pursuant to this section before the failure of the business to comply unless the Nevada tax commission determines that the business has substantially complied with the requirements of this section. [The business is also required to] Except as otherwise provided in NRS 360.320 and section 2 of Senate Bill No. 362 of this session, the business shall, in addition to the amount of the exemption required to be paid pursuant to this subsection, pay interest on the amount due at the rate most recently established pursuant to NRS 99.040 for each month, or portion thereof, from the last day of the month following the period for which the payment would have been made had the partial abatement not been approved until the date of payment of the tax.

8. A county treasurer:

(a) Shall deposit any money that he receives pursuant to subsection 7 in one or more of the funds established by a local government of the county pursuant to NRS 354.611, 354.6113 or 354.6115; and

(b) May use the money deposited pursuant to paragraph (a) only for the purposes authorized by NRS 354.611, 354.6113 and 354.6115.

9. The commission on economic development:

(a) Shall adopt regulations [regarding:] relating to:

(1) The minimum level of benefits that a business must provide to its employees if the business is going to use benefits paid to employees as a basis to qualify for a partial abatement; and

(2) The notice that must be provided pursuant to subsection 4.

(b) May adopt such other regulations as the commission on economic development determines to be necessary to carry out the provisions of this section.

10. The Nevada tax commission:

(a) Shall adopt regulations regarding:

(1) The capital investment that a new business must make to meet the requirement set forth in paragraph (d) or (e) of subsection 2; and

(2) Any security that a business is required to post to qualify for a partial abatement pursuant to this section.

(b) May adopt such other regulations as the Nevada tax commission determines to be necessary to carry out the provisions of this section.

11. An applicant for an abatement who is aggrieved by a final decision of the commission on economic development may petition for judicial review in the manner provided in chapter 233B of NRS.

Sec. 9. 1. NRS 364A.153 and 608.325 are hereby repealed.

2. Sections 12, 20 and 39 of Senate Bill No. 362 of this session are hereby repealed.

Sec. 10. 1. This section and subsection 2 of section 9 of this act become effective upon passage and approval.

2. Section 8 of this act becomes effective on July 1, 1999.

3. Sections 1 to 7, inclusive, and subsection 1 of section 9 of this act become effective on October 1, 1999.”.

Amend the text of repealed sections by adding the text of sections 12, 20 and 39 of Senate Bill No. 362 of this session.

Amend the title of the bill to read as follows:

“AN ACT relating to business; exempting a business that creates or produces motion pictures from the requirement of obtaining a business license from the department of taxation; increasing the membership of the commission on tourism; revising the provisions concerning legislative appropriations to the commission on economic development for awarding grants to develop certain programs for occupational education; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Revises provisions governing licensing of businesses that create or produce motion pictures. (BDR 32‑1099)”.

Senator McGinness moved that the Senate concur in the Assembly amendments to Senate Bill No. 259.

Motion carried.

Bill ordered enrolled.

Senate Bill No. 411.

The following Assembly Amendment was read:

Amendment No. 1161.

Amend sec. 3, page 4, line 10, after “cost” by inserting: “of replacement as”.

Amend sec. 4, page 5, line 3, by deleting “that:”.

Amend sec. 4, pages 5 and 6, by deleting lines 4 through 43 on page 5 and lines 1 through 11 on page 6 and inserting: “that it is more equitable to establish the valuation for assessment purposes of all types of property without considering the value of intangible personal property and that the incremental elimination of intangible personal property from the valuation and assessment of all property in the State of Nevada is desirable to allow the orderly assessment and collection of ad valorem taxes.

2. Notwithstanding the amendatory provisions of this act, intangible personal property must continue to be assessed pursuant to the provisions of chapter 361 of NRS as those provisions existed before the enactment of the amendatory provisions of this act, except that:

(a) For the fiscal year commencing July 1, 2000, the assessed value of the intangible personal property must be reduced by 5 percent;

(b) For the fiscal year commencing July 1, 2001, the assessed value of the intangible personal property must be reduced by 10 percent;

(c) For the fiscal year commencing July 1, 2002, the assessed value of the intangible personal property must be reduced by 40 percent; and

(d) For the fiscal year commencing July 1, 2003, the assessed value of the intangible personal property must be reduced by 70 percent.”.

Amend sec. 5, page 6, line 30, by deleting “the committee” and inserting: “the committee, other representatives of local government”.

Amend sec. 5, page 7, line 20, by deleting: “fair and equitable” and inserting: “fair, equitable, stable and reliable”.

Amend sec. 6, page 7, by deleting lines 23 through 27 and inserting:

“Sec. 6. 1. This act becomes effective July 1, 1999.

2. Section 4 of this act expires by limitation on June 30, 2004.”.

Senator Rawson moved that the Senate concur in the Assembly amendment to Senate Bill No. 411.

Remarks by Senator Rawson.

Conflict of interest declared by Senator Raggio.

Motion carried.

Bill ordered enrolled.

Reports of Conference Committees

Madam President:

The first Conference Committee concerning Senate Bill No. 104, consisting of the undersigned members, has met, and reports that:

It has agreed to recommend that the amendment of the Assembly be concurred in.

Valerie Wiener Barbara K. Cegavske

Mark Amodei Vonne S. Chowning

Randolph J. Townsend Bonnie L. Parnell

Senate Conference Committee Assembly Conference Committee

Senator Wiener moved that the Senate adopt the report of the first Conference Committee concerning Senate Bill No. 104.

Remarks by Senator Wiener.

Motion carried.

Madam President:

The second Conference Committee concerning Senate Bill No. 302, consisting of the undersigned members, has met, and reports that:

It has agreed to recommend that the amendment of the Assembly be concurred in.

William R. O’Donnell David R. Parks

Maurice E. Washington Kathyrn A. McClain

Valerie Wiener John C. Carpenter

Senate Conference Committee Assembly Conference Committee

Senator O’Donnell moved that the Senate adopt the report of the second Conference Committee concerning Senate Bill No. 302.

Remarks by Senator O’Donnell.

Motion carried.

Madam President:

The second Conference Committee concerning Senate Bill No. 381, consisting of the undersigned members, has met, and reports that:

It has agreed to recommend that the amendment of the Assembly be concurred in.

It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA34, which is attached to and hereby made a part of this report.

Conference Amendment.

Amend section 1, page 1, by deleting lines 3 through 14 and inserting: “A governmental entity and any agent thereof shall not use photographic, video or digital equipment for gathering evidence to be used for the issuance of a traffic citation for a violation of this chapter unless the equipment is held in the hand or installed temporarily or permanently within a vehicle or facility of a law enforcement agency.”.

Amend the title of the bill to read as follows:

“AN ACT relating to traffic; prohibiting a governmental entity and any agent thereof from using certain electronic devices to gather evidence for the issuance of a traffic citation; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Prohibits governmental entity and any agent thereof from using certain electronic devices to gather evidence for issuance of traffic citation. (BDR 43-504)”.

William R. O’Donnell David R. Parks

Maurice E. Washington Bonnie L. Parnell

Terry Care Barbara K. Cegavske

Senate Conference Committee Assembly Conference Committee

Senator O’Donnell moved that the Senate adopt the report of the second Conference Committee concerning Senate Bill No. 381.

Remarks by Senator O’Donnell.

Motion carried.

Madam President:

The first Conference Committee concerning Senate Bill No. 445, consisting of the undersigned members, has met, and reports that:

It has agreed to recommend that the amendment of the Assembly be concurred in.

It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA32, which is attached to and hereby made a part of this report.

Conference Amendment.

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

Amend section 1, page 2, between lines 16 and 17, by inserting:

“12. Adopt a final budget in accordance with the regulations adopted by the department. A charter school is not required to adopt a final budget pursuant to NRS 354.598 or otherwise comply with the provisions of chapter 354 of NRS.”.

Amend sec. 3, page 2, line 33, by deleting “a” and inserting: “the provisions set forth as sections 4 and 5 of this act.”.

Amend sec. 3, pages 2 and 3, by deleting lines 34 through 42 on page 2 and lines 1 through 27 on page 3.

Amend the bill as a whole by renumbering sections 4 through 7 as sections 6 through 9 and adding new sections designated sections 4 and 5, following sec. 3, to read as follows:

“Sec. 4. 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.

Sec. 5. The state board shall adopt regulations establishing courses of study and the grade levels for which the courses of study apply for:

1. The academic subjects set forth in section 4 of this act.

2. Citizenship and physical training for pupils enrolled in high school.

3. Physiology, hygiene and cardiopulmonary resuscitation.

4. The prevention of suicide.

5. Instruction relating to child abuse.

6. The economics of the American system of free enterprise.

7. American Sign Language.

8. Environmental education.

9. Adult roles and responsibilities.

A course of study established for subsection 1 may include one or more of the subjects listed in subsections 2 to 9, inclusive.”.

Amend sec. 5, page 3, by deleting line 33 and inserting: “section 4 of this act must be in accordance with the”.

Amend sec. 5, page 3, line 38, by deleting: “paragraph (a) of subsection 3 of section 3” and inserting: “subsection 1 of section 5”.

Amend sec. 6, page 4, line 1, by deleting: “389.075, 389.080, 389.083,” and inserting: “389.063, 389.075, 389.080, 389.083, 389.085,”.

Amend sec. 7, page 4, line 3, by deleting: “This act becomes” and inserting:

“1. This section and sections 2 to 8, inclusive, of this act become”.

Amend sec. 7, page 4, after line 3, by inserting:

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

Amend the leadlines of repealed sections by adding the leadlines of NRS 389.063 and 389.085.

Michael Schneider Vonne S. Chowning

Maurice E. Washington Ellen M. Koivisto

Randolph J. Townsend Greg Brower

Senate Conference Committee Assembly Conference Committee

Senator Washington moved that the Senate adopt the report of the first Conference Committee concerning Senate Bill No. 445.

Remarks by Senators Washington, James and Coffin.

Motion carried.

Madam President:

The second Conference Committee concerning Assembly Bill No. 109, consisting of the undersigned members, has met, and reports that:

It has agreed to recommend that the amendment of the Senate be concurred in.

It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA35, which is attached to and hereby made a part of this report.

Conference Amendment.

Amend the bill as a whole by deleting sections 1 through 9, renumbering sec. 10 as sec. 2, and adding a new section designated section 1, following the enacting clause, to read as follows:

“Section 1. Chapter 597 of NRS is hereby amended by adding thereto a new section to read as follows:

1. An informal merchant shall not offer for sale or knowingly allow the sale of any new product that he knows or reasonably should have known is stolen, has been recalled by the manufacturer, has been adulterated, has not been maintained at the proper temperature, has an expiration date that has passed, has been discarded by the manufacturer or a retailer, is an inferior product if he does not clearly indicate such inferiority, or has any other defect that makes the product ineffective for the use for which it is purchased or that makes the product below the quality expected by the consumer.

2. An informal merchant who violates the provisions of subsection 1 shall be punished:

(a) If the sale of the product does not cause substantial bodily harm to another person, for a gross misdemeanor.

(b) If the sale of the product causes substantial bodily harm to another person, for a category C felony as provided in NRS 193.130.

3. Upon request of a peace officer, an informal merchant shall provide reliable evidence of the legal acquisition of a new product that the merchant is offering for sale. If it is determined that the product was stolen and the informal merchant fails to provide such evidence, an inference is created that the informal merchant knew or should have known that the product was stolen.

4. As used in this section:

(a) “Informal market” means:

(1) A gathering at which:

(I) Two or more persons offer personal property for sale or exchange;

(II) A fee is charged for the sale or exchange of personal property; or

(III) A fee is charged for admission to the area in which personal property is offered for sale or exchange; or

(2) A place at which personal property is offered or displayed for sale or exchange on more than six occasions in a period of 12 months,

whether held in a building, under cover or in the open air.

(b) “Informal merchant” means a person who does not have an established retail store in the county and who transports an inventory of goods to an informal market and displays the goods for sale, offers them for sale at retail or sells them at retail.

(c) “New product” means any tangible good which has never been used or which is in its original, unopened package or container.

(d) “Stolen” means taken unlawfully from or without the permission of the owner, whether or not the person who took the item is or has been prosecuted or convicted for the taking of the item.”.

Amend sec. 10, page 4, by deleting lines 42 and 43 and inserting:

“(2) A bank, credit union or savings and loan institution whose deposits or accounts are eligible for insurance by the Federal Deposit Insurance Corporation, the National Credit Union Share Insurance Fund or a private insurer approved pursuant to NRS 678.755.”.

Amend the bill as a whole by renumbering sec. 11 as sec. 6 and adding new sections designated sections 3 through 5, following sec. 10, to read as follows:

“Sec. 3. Chapter 647 of NRS is hereby amended by adding thereto a new section to read as follows:

A person who is described in subsection 2 of NRS 647.018:

1. Shall comply with the provisions of NRS 647.110, 647.120 and 647.130; and

2. Is subject to the provisions of NRS 647.140 and 647.145.

Sec. 4. NRS 647.016 is hereby amended to read as follows:

647.016 “Junk dealer” means every person, firm or corporation engaged in the business of purchasing or selling hides or junk[.] , other than used books.

Sec. 5. NRS 647.018 is hereby amended to read as follows:

647.018 1. “Secondhand dealer” means any person engaged in whole or in part in the business of buying and selling metal junk, melted metals or secondhand personal property, other than used books, including, without limitation, antiques and collectibles.

2. The term does not include a person who engages in the business of buying or selling secondhand firearms or any antique parts, accessories or other equipment relating to those firearms if:

(a) The person engages in that business at a show that:

(1) Is held at:

(I) A convention facility which is owned or operated by and located on the premises of a resort hotel; or

(II) A recreational facility which is owned or operated by a county fair and recreation board; and

(2) Is conducted for not more than 7 days during any 6‑month period; and

(b) The person has been issued a license as a manufacturer, importer, dealer or collector pursuant to the provisions of 18 U.S.C. § 923.”.

Amend the bill as a whole by adding a new section designated sec. 7, following sec. 11, to read as follows:

“Sec. 7. Section 2 of this act becomes effective at 12:01 a.m. on October 1, 1999.”.

Amend the title of the bill to read as follows:

“AN ACT relating to trade practices; prohibiting an informal merchant from selling new products that have certain defects; removing the purchasing and selling of used books from the definition of “junk dealer” and “secondhand dealer”; revising the definition of “secondhand dealer” to exclude certain persons who engage in the business of buying or selling secondhand

firearms under certain circumstances; providing a penalty; and providing other matters properly relating thereto.”.

Ann O’Connell Chris Giunchigliani

Dean A. Rhoads David E. Goldwater

Michael Schneider Lynn C. Hettrick

Senate Conference Committee Assembly Conference Committee

Senator Townsend moved that the Senate adopt the report of the second Conference Committee concerning Assembly Bill No. 109.

Remarks by Senators Townsend and James.

Conflict of interest declared by Senator Coffin.

Motion carried.

Madam President:

The first Conference Committee concerning Assembly Bill No. 280, consisting of the undersigned members, has met, and reports that:

It has agreed to recommend that the amendment of the Senate be concurred in.

It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA24, which is attached to and hereby made a part of this report.

Conference Amendment.

Amend the bill as a whole by deleting sections 1 through 23 and adding new sections designated sections 1 through 90, following the enacting clause, to read as follows:

“Section 1. Chapter 433 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 19, inclusive, of this act.

Sec. 2. As used in sections 2 to 19, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 11, inclusive, of this act have the meanings ascribed to them in those sections.

Sec. 3. “Aversive intervention” means any of the following actions if the action is used to punish a person with a disability or to eliminate, reduce or discourage maladaptive behavior of a person with a disability:

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 corporal punishment;

5. The use of verbal and mental abuse;

6. The use of electric shock;

7. Requiring a person to perform exercise under forced conditions if the:

(a) Person is required to perform the exercise because he exhibited a behavior that is related to his disability;

(b) Exercise is harmful to the health of the person because of his disability; or

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, including, without limitation, the use of sensory screens; or

9. The deprivation of necessities needed to sustain the health of a person, regardless of the length of the deprivation, including, without limitation, the denial or unreasonable delay in the provision of:

(a) Food or liquid at a time when it is customarily served; or

(b) Medication.

Sec. 4. “Chemical restraint” means the administration of drugs for the specific and exclusive purpose of controlling an acute or episodic aggressive behavior when alternative intervention techniques have failed to limit or control the behavior. The term does not include the administration of drugs on a regular basis, as prescribed by a physician, to treat the symptoms of mental, physical, emotional or behavioral disorders and for assisting a person in gaining self-control over his impulses.

Sec. 5. “Corporal punishment” means the intentional infliction of physical pain, including, without limitation, hitting, pinching or striking.

Sec. 6. “Electric shock” means the application of electric current to a person’s skin or body. The term does not include electroconvulsive therapy.

Sec. 7. “Emergency” means a situation in which immediate intervention is necessary to protect the physical safety of a person or others from an immediate threat of physical injury or to protect against an immediate threat of severe property damage.

Sec. 8. “Mechanical restraint” means the use of devices, including, without limitation, mittens, straps and restraint chairs to limit a person’s movement or hold a person immobile.

Sec. 9. “Person with a disability” means a person who:

1. Has a physical or mental impairment that substantially limits one or more of the major life activities of the person;

2. Has a record of such an impairment; or

3. Is regarded as having such an impairment.

Sec. 10. “Physical restraint” means the use of physical contact to limit a person’s movement or hold a person immobile.

Sec. 11. “Verbal and mental abuse” means verbal intimidation or coercion of a person without a redeeming purpose.

Sec. 12. A person employed by a facility or any other person shall not use any aversive intervention on a person with a disability who is a client.

Sec. 13. Notwithstanding the provisions of sections 14 to 17, inclusive, of this act to the contrary, a facility may use or authorize the use of physical restraint, mechanical restraint or chemical restraint on a person with a disability who is a client if the facility is:

1. Accredited by a nationally recognized accreditation association or agency; or

2. Certified for participation in the Medicaid or Medicare program,

only to the extent that the accreditation or certification allows the use of such restraint.

Sec. 14. A person employed by a facility or any other person shall not:

1. Except as otherwise provided in section 15 of this act, use physical restraint on a person with a disability who is a client.

2. Except as otherwise provided in section 16 of this act, use mechanical restraint on a person with a disability who is a client.

3. Except as otherwise provided in section 17 of this act, use chemical restraint on a person with a disability who is client.

Sec. 15. 1. Except as otherwise provided in subsection 2, physical restraint may be used on a person with a disability who is a client only if:

(a) An emergency exists that necessitates the use of physical restraint;

(b) The physical restraint is used only for the period that is necessary to contain the behavior of the client so that the client is no longer an immediate threat of causing physical injury to himself or others or causing severe property damage; and

(c) The use of force in the application of physical restraint does not exceed the force that is reasonable and necessary under the circumstances precipitating the use of physical restraint.

2. Physical restraint may be used on a person with a disability who is a client and the provisions of subsection 1 do not apply if the physical restraint is used to:

(a) Assist the client in completing a task or response if the client does not resist the application of physical restraint or if his resistance is minimal in intensity and duration;

(b) Escort or carry a client to safety if the client is in danger in his present location; or

3. If physical restraint is used on a person with a disability who is a client in an emergency, the use of the procedure must be reported as a denial of rights pursuant to NRS 433.534, regardless of whether the use of the procedure is authorized by statute. The report must be made not later than 1 working day after the procedure is used.

Sec. 16. 1. Except as otherwise provided in subsection 2, mechanical restraint may be used on a person with a disability who is a client only if:

(a) An emergency exists that necessitates the use of mechanical restraint;

(b) A medical order authorizing the use of mechanical restraint is obtained from the client’s treating physician before the application of the mechanical restraint or not later than 15 minutes after the application of the mechanical restraint;

(c) The physician who signed the order required pursuant to paragraph (b) or the attending physician examines the client not later than 1 working day immediately after the application of the mechanical restraint;

(d) The mechanical restraint is applied by a member of the staff of the facility who is trained and qualified to apply mechanical restraint;

(e) The client is given the opportunity to move and exercise the parts of his body that are restrained at least 10 minutes per every 60 minutes of restraint;

(f) A member of the staff of the facility lessens or discontinues the restraint every 15 minutes to determine whether the client will stop or control his inappropriate behavior without the use of the restraint;

(g) The record of the client contains a notation that includes the time of day that the restraint was lessened or discontinued pursuant to paragraph (f), the response of the client and the response of the member of the staff of the facility who applied the mechanical restraint;

(h) A member of the staff of the facility continuously monitors the client during the time that mechanical restraint is used on the client; and

(i) The mechanical restraint is used only for the period that is necessary to contain the behavior of the client so that the client is no longer an immediate threat of causing physical injury to himself or others or causing severe property damage.

2. Mechanical restraint may be used on a person with a disability who is a client and the provisions of subsection 1 do not apply if the mechanical restraint is used to:

(a) Treat the medical needs of a client;

(b) Protect a client who is known to be at risk of injury to himself because he lacks coordination or suffers from frequent loss of consciousness;

(d) Position a client who has physical disabilities in a manner prescribed in the client’s plan of services.

3. If mechanical restraint is used on a person with a disability who is a client in an emergency, the use of the procedure must be reported as a denial of rights pursuant to NRS 433.534, regardless of whether the use of the procedure is authorized by statute. The report must be made not later than 1 working day after the procedure is used.

Sec. 17. 1. Chemical restraint may only be used on a person with a disability who is a client if:

(a) The client has been diagnosed as mentally ill, as defined in NRS 433A.115, and is receiving mental health services from a facility;

(b) The chemical restraint is administered to the client while he is under the care of the facility;

(d) A medical order authorizing the use of chemical restraint is obtained from the client’s attending physician or psychiatrist;

(e) The physician or psychiatrist who signed the order required pursuant to paragraph (d) examines the client not later than 1 working day immediately after the administration of the chemical restraint; and

(f) The chemical restraint is administered by a person licensed to administer medication.

2. If chemical restraint is used on a person with a disability who is a client, the use of the procedure must be reported as a denial of rights pursuant to NRS 433.534, regardless of whether the use of the procedure is authorized by statute. The report must be made not later than 1 working day after the procedure is used.

Sec. 18. 1. Each facility shall develop a program of education for the members of the staff of the facility to provide instruction in positive behavioral interventions and positive behavioral supports that:

(a) Includes positive methods to modify the environment of clients to promote adaptive behavior and reduce the occurrence of inappropriate behavior;

(b) Includes methods to teach skills to clients so that clients can replace inappropriate behavior with adaptive behavior;

(d) Includes the use of the least intrusive methods to respond to and reinforce the behavior of clients; and

(e) Offers a process for designing interventions based upon the client that are focused on promoting appropriate changes in behavior as well as enhancing the overall quality of life for the client.

2. Each facility shall provide appropriate training for the members of the staff of the facility who are authorized to carry out and monitor physical restraint, mechanical restraint and chemical restraint to ensure that those members of the staff are competent and qualified to carry out the procedures in accordance with sections 2 to 19, inclusive, of this act.

Sec. 19. 1. A facility where a violation of the provisions of sections 2 to 19, inclusive, of this act occurs shall:

(a) Not later than 24 hours after a violation occurs, or as soon thereafter as the violation is discovered, report the violation to the division; and

(b) Develop, in cooperation with the division, a corrective plan to ensure that within 30 calendar days after the violation occurred, appropriate action is taken by the facility to prevent future violations.

2. The division shall forward the plan to the director of the department. The director or his designee shall review the plan to ensure that it complies with applicable federal law and the statutes and regulations of this state. The director or his designee may require appropriate revision of the plan to ensure compliance.

3. If the facility where the violation occurred does not meet the requirements of the plan to the satisfaction of the director or his designee, the department may withhold funding for the facility until the facility meets the requirements of the plan.

Sec. 20. NRS 433.484 is hereby amended to read as follows:

433.484 Each client admitted for evaluation, treatment or training to a facility has the following rights concerning care, treatment and training, a list of which must be prominently posted in all facilities providing those services and must be otherwise brought to the attention of the client by such additional means as prescribed by regulation:

1. To medical, psychosocial and rehabilitative care, treatment and training including prompt and appropriate medical treatment and care for physical and mental ailments and for the prevention of any illness or disability. All of that care, treatment and training must be consistent with standards of practice of the respective professions in the community and is subject to the following conditions:

(a) Before instituting a plan of care, treatment or training or carrying out any necessary surgical procedure, express and informed consent must be obtained in writing from:

(1) The client if he is 18 years of age or over or legally emancipated and competent to give that consent, and from his legal guardian, if any;

(2) The parent or guardian of a client under 18 years of age and not legally emancipated; or

(3) The legal guardian of a client of any age who has been adjudicated mentally incompetent;

(b) An informed consent requires that the person whose consent is sought be adequately informed as to:

(1) The nature and consequences of the procedure;

(2) The reasonable risks, benefits and purposes of the procedure; and

(3) Alternative procedures available;

(c) The consent of a client as provided in paragraph (b) may be withdrawn by the client in writing at any time with or without cause;

(d) Even in the absence of express and informed consent, a licensed and qualified physician may render emergency medical care or treatment to any client who has been injured in an accident or who is suffering from an acute illness, disease or condition, if within a reasonable degree of medical certainty, delay in the initiation of emergency medical care or treatment would endanger the health of the client and if the treatment is immediately entered into the client’s record of treatment, subject to the provisions of paragraph (e); and

(e) If the proposed emergency medical care or treatment is deemed by the chief medical officer of the facility to be unusual, experimental or generally occurring infrequently in routine medical practice, the chief medical officer shall request consultation from other physicians or practitioners of healing arts who have knowledge of the proposed care or treatment.

2. To be free from [the application of any mechanical restraint, except if prescribed by a physician. If so prescribed, the restraint must be removed whenever the condition justifying its use no longer exists, and any use of a mechanical restraint, together with the reasons therefor, must be made a part of the client’s record of treatment.] abuse, neglect and aversive intervention.

3. To consent to his transfer from one facility to another, except that the administrator of the division of mental health and developmental services of the department or his designee, or the administrator of the division of child and family services of the department or his designee, may order a transfer to be made whenever conditions concerning care, treatment or training warrant it. If the client in any manner objects to the transfer, the person ordering it must enter the objection and a written justification of the transfer in the client’s record of treatment and immediately forward a notice of the objection to the administrator who ordered the transfer, and the commission shall review the transfer pursuant to subsection 3 of NRS 433.534.

4. Other rights concerning care, treatment and training as may be specified by regulation of the commission.

Sec. 21. NRS 433.554 is hereby amended to read as follows:

433.554 1. An employee of a public or private mental health facility or any other person, except a client, who:

(a) Has reason to believe that a client of the division or of a private facility offering mental health services has been or is being abused or neglected and fails to report it;

(b) Brings intoxicating beverages or a controlled substance into any division facility occupied by clients unless specifically authorized to do so by the administrative officer or a staff physician of the facility;

(c) Is under the influence of liquor or a controlled substance while employed in contact with clients, unless in accordance with a lawfully issued prescription;

(d) Enters into any transaction with a client involving the transfer of money or property for personal use or gain at the expense of the client; or

(e) Contrives the escape, elopement or absence of a client,

is guilty of a misdemeanor, in addition to any other penalties provided by law.

2. In addition to any other penalties provided by law, an employee of a public or private mental health facility or any other person, except a client, who willfully abuses or neglects a client:

(a) [If no]For a first violation that does not result in substantial bodily harm to the client, [results,] is guilty of a gross misdemeanor.

(b) [If]For a first violation that results in substantial bodily harm to the client, [results,] is guilty of a category B felony.[and]

A person convicted of a category B felony pursuant to this section shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

3. A person who is convicted pursuant to this section is ineligible for 5 years for appointment to or employment in a position in the state service and, if he is an officer or employee of the state, he forfeits his office or position.

4. A conviction pursuant to NRS 433.554 is, when applicable, grounds for disciplinary action against the person so convicted and the facility where the violation occurred. The division may recommend to the appropriate agency or board the suspension or revocation of the professional license, registration, certificate or permit of a person convicted pursuant to NRS 433.554.

5. For the purposes of this section:

(a) “Abuse” means any willful and unjustified infliction of pain, injury or mental anguish upon a client, including, but not limited to:

(1) The rape, sexual assault or sexual exploitation of the client;

(2) [Striking the client;

(3) Verbal intimidation or coercion of the client without a redeeming purpose;

(4) The use of excessive force when placing the client in physical restraints; and

(5)]The use of any type of aversive intervention;

(3) Except as otherwise provided in section 13 of this act, a violation of section 14 of this act; and

(4)The use of physical, [or] chemical or mechanicalrestraints or the use of seclusionin violation of [state or] federal law.

Any act which meets the standard of practice for care and treatment does not constitute abuse.

(b) “Client” includes any person who seeks, on his own or others’ initiative, and can benefit from care , treatment and training in a public or private institution or facility offering mental health services. The term [does not include] includes a client of the division of child and family services of the department.

(c) “Neglect” means any omission to act which causes injury to a client or which places the client at risk of injury, including, but not limited to, the failure to follow:

(1) An appropriate plan of treatment to which the client has consented; and

(2) The policies of the facility for the care and treatment of clients.

Any omission to act which meets the standard of practice for care and treatment does not constitute neglect.

(d) “Standard of practice” means the skill and care ordinarily exercised by prudent professional personnel engaged in health care.

Sec. 22. NRS 435.350 is hereby amended to read as follows:

435.350 1. Each mentally retarded person or person with a related condition admitted to a division facility is entitled to all rights enumerated in sections 2 to 19, inclusive, of this act and NRS 433.482 and 433.484.

2. The administrator shall designate a person or persons to be responsible for establishment of regulations relating to denial of rights of mentally retarded persons and persons with related conditions. The person designated shall file the regulations with the administrator.

3. Clients’ rights specified in NRS 433.482 and 433.484 may be denied only for cause. Any denial of such rights must be entered in the client’s treatment record, and notice of the denial must be forwarded to the administrator’s designee or designees as provided in subsection 2. Failure to report denial of rights by an employee may be grounds for dismissal.

4. Upon receipt of notice of a denial of rights as provided in subsection 3, the administrator’s designee or designees shall cause a full report to be prepared which sets forth in detail the factual circumstances surrounding the denial. A copy of the report must be sent to the administrator and the commission.

5. The commission has such powers and duties with respect to reports of denial of rights as are enumerated in subsection 3 of NRS 433.534.

Sec. 23. Chapter 388 of NRS is hereby amended by adding thereto the provisions set forth as sections 24 to 42, inclusive, of this act.

Sec. 24. As used in sections 24 to 42, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 25 to 33, inclusive, of this act have the meanings ascribed to them in those sections.

Sec. 25. “Aversive intervention” means any of the following actions if the action is used to punish a pupil with a disability or to eliminate, reduce or discourage maladaptive behavior of a pupil with a disability:

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 corporal punishment;

5. The use of verbal and mental abuse;

6. The use of electric shock;

7. The administration of chemical restraint to a person;

8. 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 prevent the person from leaving the room;

9. Requiring a person to perform exercise under forced conditions if the:

(a) Person is required to perform the exercise because he exhibited a behavior that is related to his disability;

(b) Exercise is harmful to the health of the person because of his disability; or

10. The deprivation of necessities needed to sustain the health of a person, regardless of the length of the deprivation, including, without limitation, the denial or unreasonable delay in the provision of:

(a) Food or liquid at a time when it is customarily served; or

(b) Medication.

Sec. 26. “Chemical restraint” means the administration of drugs for the specific and exclusive purpose of controlling an acute or episodic aggressive behavior when alternative intervention techniques have failed to limit or control the behavior. The term does not include the administration of drugs on a regular basis, as prescribed by a physician, to treat the symptoms of mental, physical, emotional or behavioral disorders and for assisting a person in gaining self-control over his impulses.

Sec. 27. “Corporal punishment” means the intentional infliction of physical pain, including, without limitation, hitting, pinching or striking.

Sec. 28. “Electric shock” means the application of electric current to a person’s skin or body. The term does not include electroconvulsive therapy.

Sec. 29. “Emergency” means a situation in which immediate intervention is necessary to protect the physical safety of a person or others from an immediate threat of physical injury or to protect against an immediate threat of severe property damage.

Sec. 29.5. “Individualized education program” has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(A).

Sec. 30. “Individualized education program team” has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(B).

Sec. 31. “Mechanical restraint” means the use of devices, including, without limitation, mittens, straps and restraint chairs to limit a person’s movement or hold a person immobile.

Sec. 32. “Physical restraint” means the use of physical contact to limit a person’s movement or hold a person immobile.

Sec. 33. “Verbal and mental abuse” means actions or utterances that are intended to cause and actually cause severe emotional distress to a person.

Sec. 34. A person employed by the board of trustees of a school district or any other person shall not use any aversive intervention on a pupil with a disability.

Sec. 35. A person employed by the board of trustees of a school district or any other person shall not:

1. Except as otherwise provided in section 36 of this act, use physical restraint on a pupil with a disability.

2. Except as otherwise provided in section 37 of this act, use mechanical restraint on a pupil with a disability.

Sec. 36. 1. Except as otherwise provided in subsection 2, physical restraint may be used on a pupil with a disability only if:

(a) An emergency exists that necessitates the use of physical restraint;

(b) The physical restraint is used only for the period that is necessary to contain the behavior of the pupil so that the pupil is no longer an immediate threat of causing physical injury to himself or others or causing severe property damage; and

(c) The use of force in the application of physical restraint does not exceed the force that is reasonable and necessary under the circumstances precipitating the use of physical restraint.

2. Physical restraint may be used on a pupil with a disability and the provisions of subsection 1 do not apply if the physical restraint is used to:

(a) Assist the pupil in completing a task or response if the pupil does not resist the application of physical restraint or if his resistance is minimal in intensity and duration;

(b) Escort or carry a pupil to safety if the pupil is in danger in his present location; or

3. If physical restraint is used on a pupil with a disability in an emergency, the use of the procedure must be reported in the pupil’s cumulative record and a confidential file maintained for the pupil not later than 1 working day after the procedure is used. A copy of the report must be provided to the board of trustees of the school district, the pupil’s individualized education program team and the parent or guardian of the pupil. If the board of trustees determines that a denial of the pupil’s rights has occurred, the board of trustees may submit a report to the department in accordance with section 42 of this act.

Sec. 37. 1. Except as otherwise provided in subsection 2, mechanical restraint may be used on a pupil with a disability only if:

(a) An emergency exists that necessitates the use of mechanical restraint;

(b) A medical order authorizing the use of mechanical restraint is obtained from the pupil’s treating physician before the application of the mechanical restraint or not later than 15 minutes after the application of the mechanical restraint;

(c) The physician who signed the order required pursuant to paragraph (b) or the attending physician examines the pupil as soon as practicable;

(d) The mechanical restraint is applied by a member of the staff of the school who is trained and qualified to apply mechanical restraint;

(e) The pupil is given the opportunity to move and exercise the parts of his body that are restrained at least 10 minutes per every 60 minutes of restraint, unless otherwise prescribed by the physician who signed the order;

(f) A member of the staff of the school lessens or discontinues the restraint every 15 minutes to determine whether the pupil will stop or control his inappropriate behavior without the use of the restraint;

(g) The record of the pupil contains a notation that includes the time of day that the restraint was lessened or discontinued pursuant to paragraph (f), the response of the pupil and the response of the member of the staff of the school who applied the mechanical restraint;

(h) A member of the staff of the school continuously monitors the pupil during the time that mechanical restraint is used on the pupil; and

(i) The mechanical restraint is used only for the period that is necessary to contain the behavior of the pupil so that the pupil is no longer an immediate threat of causing physical injury to himself or others or causing severe property damage.

2. Mechanical restraint may be used on a pupil with a disability and the provisions of subsection 1 do not apply if the mechanical restraint is used to:

(a) Treat the medical needs of the pupil;

(b) Protect a pupil who is known to be at risk of injury to himself because he lacks coordination or suffers from frequent loss of consciousness;

(d) Position a pupil who has physical disabilities in a manner prescribed in the pupil’s individualized education program.

3. If mechanical restraint is used on a pupil with a disability in an emergency, the use of the procedure must be reported in the pupil’s cumulative record and a confidential file maintained for the pupil not later than 1 working day after the procedure is used. A copy of the report must be provided to the board of trustees of the school district, the pupil’s individualized education program team and the parent or guardian of the pupil. If the board of trustees determines that a denial of the pupil’s rights has occurred, the board of trustees may submit a report to the department in accordance with section 42 of this act.

Sec. 38. 1. The department shall develop a model program of education for use by the school districts to train the members of the staff of the schools within the school districts who are identified in the individualized education programs of pupils with disabilities to provide services to those pupils. The model program of education must provide instruction in positive behavioral interventions and positive behavioral supports that:

(a) Includes positive methods to modify the environment of pupils with disabilities to promote adaptive behavior and reduce the occurrence of inappropriate behavior;

(b) Includes methods to teach skills to pupils with disabilities so that the pupils can replace inappropriate behavior with adaptive behavior;

(d) Includes the use of the least intrusive methods to respond to and reinforce the behavior of pupils with disabilities; and

(e) Offers a process for designing interventions based upon the pupil that are focused on promoting appropriate changes in behavior as well as enhancing the overall quality of life for the pupil.

2. The board of trustees of each school district shall provide for appropriate training for the members of the staff of the schools within the school district who are authorized to carry out and monitor physical restraint and mechanical restraint to ensure that those members of the staff are qualified to carry out the procedures in accordance with sections 24 to 42, inclusive, of this act.

Sec. 39. In addition to any penalty prescribed by specific statute, a person who intentionally uses aversive intervention on a pupil with a disability or intentionally violates section 35 of this act, is subject to disciplinary action pursuant to NRS 391.312 or 391.330, or both.

Sec. 40. 1. A school where a violation of sections 24 to 42, inclusive, of this act occurs shall report the violation to the board of trustees of the school district not later than 24 hours after the violation occurred, or as soon thereafter as the violation is discovered.

2. The board of trustees of the school district where the violation occurred shall develop, in cooperation with the superintendent of schools of the school district, a corrective plan to ensure that within 30 calendar days after the violation occurred, appropriate action is taken by the school and the board of trustees to prevent future violations.

3. The superintendent of schools of the school district shall submit the plan to the department. The department shall review the plan to ensure that it complies with applicable federal law and the statutes and regulations of this state. The department may require appropriate revision of the plan to ensure compliance.

4. If the school where the violation occurred does not meet the requirements of the plan to the satisfaction of the department, the department may appoint a licensed administrator to oversee the school to ensure that the school meets the requirements of the plan. An administrator serves at the pleasure of the superintendent of public instruction and is entitled to receive such compensation as may be set by the superintendent. A school district that contains a school for which an administrator is appointed pursuant to this subsection shall reimburse the department for any expenses incurred by the department pursuant to this subsection.

Sec. 41. An officer, administrator or employee of a public school shall not retaliate against any person for having:

1. Reported a violation of sections 24 to 42, inclusive, of this act; or

2. Provided information regarding a violation of sections 24 to 42, inclusive, of this act,

by a public school or a member of the staff of the public school.

Sec. 42. 1. A denial of rights of a pupil with a disability pursuant to sections 24 to 42, inclusive, of this act must be entered in the pupil’s cumulative record and a confidential file maintained for that pupil. Notice of the denial must be provided to the board of trustees of the school district.

2. If the board of trustees of a school district receives notice of a denial of rights pursuant to subsection 1, it shall cause a full report to be prepared which must set forth in detail the factual circumstances surrounding the denial. A copy of the report must be provided to the department.

3. The department:

(a) Shall receive reports made pursuant to subsection 2;

(b) May investigate apparent violations of the rights of pupils with disabilities; and

Sec. 43. NRS 388.440 is hereby amended to read as follows:

388.440 As used in NRS 388.440 to 388.520, inclusive[:], and sections 24 to 42, 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. 44. NRS 391.312 is hereby amended to read as follows:

391.312 1. A teacher may be suspended, dismissed or not reemployed and an administrator may be demoted, suspended, dismissed or not reemployed for the following reasons:

(a) Inefficiency;

(b) Immorality;

(d) Insubordination;

(e) Neglect of duty;

(f) Physical or mental incapacity;

(g) A justifiable decrease in the number of positions due to decreased enrollment or district reorganization;

(h) Conviction of a felony or of a crime involving moral turpitude;

(i) Inadequate performance;

(j) Evident unfitness for service;

(k) Failure to comply with such reasonable requirements as a board may prescribe;

(l) Failure to show normal improvement and evidence of professional training and growth;

(m) Advocating overthrow of the Government of the United States or of the State of Nevada by force, violence or other unlawful means, or the advocating or teaching of communism with the intent to indoctrinate pupils to subscribe to communistic philosophy;

(n) Any cause which constitutes grounds for the revocation of a teacher’s license;

(o) Willful neglect or failure to observe and carry out the requirements of this Title;

(p) Dishonesty; [or]

(q) Breaches in the security or confidentiality of the questions and answers of the achievement and proficiency examinations that are administered pursuant to NRS 389.015[.] ; or

(r) An intentional violation of section 34 or 35 of this act.

2. In determining whether the professional performance of a licensed employee is inadequate, consideration must be given to the regular and special evaluation reports prepared in accordance with the policy of the employing school district and to any written standards of performance which may have been adopted by the board.

Sec. 45. NRS 391.330 is hereby amended to read as follows:

391.330 The state board may suspend or revoke the license of any teacher, administrator or other licensed employee, after notice and an opportunity for hearing have been provided pursuant to NRS 391.322 and 391.323, for:

1. Immoral or unprofessional conduct.

2. Evident unfitness for service.

3. Physical or mental incapacity which renders the teacher, administrator or other licensed employee unfit for service.

4. Conviction of a felony or crime involving moral turpitude.

5. Conviction of a sex offense under NRS 200.366, 200.368, 201.190, 201.220, 201.230 or 207.260 in which a pupil enrolled in a school of a county school district was the victim.

6. Knowingly advocating the overthrow of the Federal Government or of the State of Nevada by force, violence or unlawful means.

7. Persistent defiance of or refusal to obey the regulations of the state board, the commission or the superintendent of public instruction, defining and governing the duties of teachers, administrators and other licensed employees.

8. Breaches in the security or confidentiality of the questions and answers of the achievement and proficiency examinations that are administered pursuant to NRS 389.015.

9. An intentional violation of section 34 or 35 of this act.

Sec. 46. Chapter 394 of NRS is hereby amended by adding thereto the provisions set forth as sections 47 to 66, inclusive, of this act.

Sec. 47. As used in sections 47 to 66, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 48 to 57, inclusive, of this act have the meanings ascribed to them in those sections.

Sec. 48. “Aversive intervention” means any of the following actions if the action is used to punish a pupil with a disability or to eliminate, reduce or discourage maladaptive behavior of a pupil with a disability:

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 corporal punishment;

5. The use of verbal and mental abuse;

6. The use of electric shock;

7. The administration of chemical restraint to a person;

9. Requiring a person to perform exercise under forced conditions if the:

(a) Person is required to perform the exercise because he exhibited a behavior that is related to his disability;

(b) Exercise is harmful to the health of the person because of his disability; or

(a) Food or liquid at a time when it is customarily served; or

(b) Medication.

Sec. 49. “Chemical restraint” means the administration of drugs for the specific and exclusive purpose of controlling an acute or episodic aggressive behavior when alternative intervention techniques have failed to limit or control the behavior. The term does not include the administration of drugs on a regular basis, as prescribed by a physician, to treat the symptoms of mental, physical, emotional or behavioral disorders and for assisting a person in gaining self-control over his impulses.

Sec. 50. “Corporal punishment” means the intentional infliction of physical pain, including, without limitation, hitting, pinching or striking.

Sec. 51. “Electric shock” means the application of electric current to a person’s skin or body. The term does not include electroconvulsive therapy.

Sec. 52. “Emergency” means a situation in which immediate intervention is necessary to protect the physical safety of a person or others from an immediate threat of physical injury or to protect against an immediate threat of severe property damage.

Sec. 53. “Individualized education program team” has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(B).

Sec. 54. “Mechanical restraint” means the use of devices, including, without limitation, mittens, straps and restraint chairs to limit a person’s movement or hold a person immobile.

Sec. 55. “Physical restraint” means the use of physical contact to limit a person’s movement or hold a person immobile.

Sec. 56. “Pupil with a disability” has the meaning ascribed to it in NRS 388.440.

Sec. 57. “Verbal and mental abuse” means actions or utterances that are intended to cause and actually cause severe emotional distress to a person.

Sec. 58. A person employed by a private school or any other person shall not use any aversive intervention on a pupil with a disability.

Sec. 59. A person employed by a private school or any other person shall not:

1. Except as otherwise provided in section 60 of this act, use physical restraint on a pupil with a disability.

2. Except as otherwise provided in section 61 of this act, use mechanical restraint on a pupil with a disability.

Sec. 60. 1. Except as otherwise provided in subsection 2, physical restraint may be used on a pupil with a disability only if:

(a) An emergency exists that necessitates the use of physical restraint;

(c) The use of force in the application of physical restraint does not exceed the force that is reasonable and necessary under the circumstances precipitating the use of physical restraint.

2. Physical restraint may be used on a pupil with a disability and the provisions of subsection 1 do not apply if the physical restraint is used to:

(a) Assist the pupil in completing a task or response if the pupil does not resist the application of physical restraint or if his resistance is minimal in intensity and duration;

(b) Escort or carry a pupil to safety if the pupil is in danger in his present location; or

3. If physical restraint is used on a pupil with a disability in an emergency, the use of the procedure must be reported in the pupil’s cumulative record not later than 1 working day after the procedure is used. A copy of the report must be provided to the superintendent, the administrator of the private school, the pupil’s individualized education program team, if applicable, and the parent or guardian of the pupil. If the administrator of the private school determines that a denial of the pupil’s rights has occurred, the administrator shall submit a report to the superintendent in accordance with section 66 of this act.

Sec. 61. 1. Except as otherwise provided in subsection 2, mechanical restraint may be used on a pupil with a disability only if:

(a) An emergency exists that necessitates the use of mechanical restraint;

(c) The physician who signed the order required pursuant to paragraph (b) or the attending physician examines the pupil as soon as practicable after the application of the mechanical restraint;

(d) The mechanical restraint is applied by a member of the staff of the private school who is trained and qualified to apply mechanical restraint;

(f) A member of the staff of the private school lessens or discontinues the restraint every 15 minutes to determine whether the pupil will stop or control his inappropriate behavior without the use of the restraint;

(h) A member of the staff of the private school continuously monitors the pupil during the time that mechanical restraint is used on the pupil; and

2. Mechanical restraint may be used on a pupil with a disability and the provisions of subsection 1 do not apply if the mechanical restraint is used to:

(a) Treat the medical needs of the pupil;

(b) Protect a pupil who is known to be at risk of injury to himself because he lacks coordination or suffers from frequent loss of consciousness;

(d) Position a pupil who has physical disabilities in a manner prescribed in the pupil’s service plan developed pursuant to 34 C.F.R. § 300.455 or the pupil’s individualized education program, whichever is appropriate.

3. If mechanical restraint is used on a pupil with a disability in an emergency, the use of the procedure must be reported in the pupil’s cumulative record not later than 1 working day after the procedure is used. A copy of the report must be provided to the superintendent, the administrator of the private school, the pupil’s individualized education program team, if applicable, and the parent or guardian of the pupil. If the administrator of the private school determines that a denial of the pupil’s rights has occurred, the administrator shall submit a report to the superintendent in accordance with section 66 of this act.

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

Sec. 62. 1. If a private school provides instruction to pupils with disabilities, the school shall develop a program of education for the members of the staff of the school who provide services to pupils with disabilities. The program of education must provide instruction in positive behavioral interventions and positive behavioral supports that:

(a) Includes positive methods to modify the environment of pupils with disabilities to promote adaptive behavior and reduce the occurrence of inappropriate behavior;

(b) Includes methods to teach skills to pupils with disabilities so that the pupils can replace inappropriate behavior with adaptive behavior;

(d) Includes the use of the least intrusive methods to respond to and reinforce the behavior of pupils with disabilities; and

(e) Offers a process for deigning interventions based upon the pupil that are focused on promoting appropriate changes in behavior as well as enhancing the overall quality of life for the pupil.

2. If a private school provides instruction to pupils with disabilities, the school shall provide appropriate training for the members of the staff of the school who are authorized to carry out and monitor physical restraint and mechanical restraint to ensure that those members of the staff are qualified to carry out the procedures in accordance with sections 47 to 66, inclusive, of this act.

Sec. 63. In addition to any penalty prescribed by specific statute, a person who intentionally uses aversive intervention on a pupil with a disability or intentionally violates section 59 of this act, is subject to appropriate disciplinary action by the private school that employs him.

Sec. 64. 1. A private school where a violation of sections 47 to 66, inclusive, of this act occurs shall report the violation to the superintendent not later than 24 hours after the violation occurred, or as soon thereafter as the violation is discovered.

2. The private school where a violation occurred shall develop, in cooperation with the superintendent, a corrective plan to ensure that within 30 calendar days after the violation occurred, appropriate action is taken by the private school to prevent future violations.

3. The superintendent shall submit the plan to the department. The department shall review the plan to ensure that it complies with applicable federal law and the statutes and regulations of this state. The department may require appropriate revision of the plan to ensure compliance.

Sec. 65. An officer, administrator or employee of a private school shall not retaliate against any person for having:

1. Reported a violation of sections 47 to 66, inclusive, of this act; or

2. Provided information regarding a violation of sections 47 to 66, inclusive, of this act,

by a private school or a member of the staff of the private school.

Sec. 66. 1. A denial of rights of a pupil with a disability pursuant to sections 47 to 66, inclusive, of this act must be entered in the pupil’s cumulative record. Notice of the denial must be provided to the administrator of the private school.

2. If the administrator of a private school receives notice of a denial of rights pursuant to subsection 1, he shall cause a full report to be prepared which must set forth in detail the factual circumstances surrounding the denial. A copy of the report must be provided to the superintendent.

3. The superintendent:

(a) Shall receive reports made pursuant to subsection 2;

(b) May investigate apparent violations of the rights of pupils with disabilities; and

Sec. 67. Chapter 449 of NRS is hereby amended by adding thereto the provisions set forth as sections 68 to 86, inclusive, of this act.

Sec. 68. As used in sections 68 to 86, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 69 to 77, inclusive, of this act have the meanings ascribed to them in those sections.

Sec. 69. “Aversive intervention” means any of the following actions if the action is used to punish a person with a disability or to eliminate, reduce or discourage maladaptive behavior of a person with a disability:

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 corporal punishment;

5. The use of verbal and mental abuse;

6. The use of electric shock;

7. Requiring a person to perform exercise under forced conditions if the:

(a) Person is required to perform the exercise because he exhibited a behavior that is related to his disability;

(b) Exercise is harmful to the health of the person because of his disability; or

(a) Food or liquid at a time when it is customarily served; or

(b) Medication.

The term does not include the withholding or withdrawal of life-sustaining treatment in accordance with NRS 449.626.

Sec. 69.5. “Chemical restraint” means the administration of drugs for the specific and exclusive purpose of controlling an acute or episodic aggressive behavior when alternative intervention techniques have failed to limit or control the behavior. The term does not include the administration of drugs on a regular basis, as prescribed by a physician, to treat the symptoms of mental, physical, emotional or behavioral disorders and for assisting a person in gaining self-control over his impulses.

Sec. 70. “Corporal punishment” means the intentional infliction of physical pain, including, without limitation, hitting, pinching or striking.

Sec. 71. “Electric shock” means the application of electric current to a person’s skin or body. The term does not include electroconvulsive therapy.

Sec. 72. “Emergency” means a situation in which immediate intervention is necessary to protect the physical safety of a person or others from an immediate threat of physical injury or to protect against an immediate threat of severe property damage.

Sec. 73. “Facility” means a facility licensed pursuant to this chapter that is a psychiatric hospital or a unit of a hospital that is specifically designated to provide care and services to persons with psychiatric or developmental disabilities.

Sec. 74. “Mechanical restraint” means the use of devices, including, without limitation, mittens, straps and restraint chairs to limit a person’s movement or hold a person immobile.

Sec. 75. “Person with a disability” means a person who:

1. Has a physical or mental impairment that substantially limits one or more of the major life activities of the person;

2. Has a record of such an impairment; or

3. Is regarded as having such an impairment.

Sec. 76. “Physical restraint” means the use of physical contact to limit a person’s movement or hold a person immobile.

Sec. 77. “Verbal and mental abuse” means actions or utterances that are intended to cause and actually cause severe emotional distress to a person.

Sec. 78. A person employed by a facility licensed pursuant to this chapter or any other person shall not use any aversive intervention on a person with a disability who is a patient at the facility.

Sec. 78.5. Notwithstanding the provisions of sections 79 to 81.5, inclusive, of this act to the contrary, a facility may use or authorize the use of physical restraint, mechanical restraint or chemical restraint on a person with a disability who is a patient if the facility is:

1. Accredited by a nationally recognized accreditation association or agency; or

2. Certified for participation in the Medicaid or Medicare program,

only to the extent that the accreditation or certification allows the use of such restraint.

Sec. 79. A person employed by a facility licensed pursuant to this chapter or any other person shall not:

1. Except as otherwise provided in section 80 of this act, use physical restraint on a person with a disability who is a patient at the facility.

2. Except as otherwise provided in section 81 of this act, use mechanical restraint on a person with a disability who is a patient at the facility.

3. Except as otherwise provided in section 81.5 of this act, use chemical restraint on a person with a disability who is a patient at the facility.

Sec. 80. 1. Except as otherwise provided in subsection 2, physical restraint may be used on a person with a disability who is a patient at a facility only if:

(a) An emergency exists that necessitates the use of physical restraint;

(b) The physical restraint is used only for the period that is necessary to contain the behavior of the patient so that the patient is no longer an immediate threat of causing physical injury to himself or others or causing severe property damage; and

(c) The use of force in the application of physical restraint does not exceed the force that is reasonable and necessary under the circumstances precipitating the use of physical restraint.

2. Physical restraint may be used on a person with a disability who is a patient at a facility and the provisions of subsection 1 do not apply if the physical restraint is used to:

(a) Assist the patient in completing a task or response if the patient does not resist the application of physical restraint or if his resistance is minimal in intensity and duration;

(b) Escort or carry a patient to safety if the patient is in danger in his present location; or

3. If physical restraint is used on a person with a disability who is a patient at a facility in an emergency, the use of the procedure must be reported as a denial of rights pursuant to section 86 of this act, regardless of whether the use of the procedure is authorized by statute. The report must be made not later than 1 working day after the procedure is used.

Sec. 81. 1. Except as otherwise provided in subsection 2, mechanical restraint may be used on a person with a disability who is a patient at a facility only if:

(a) An emergency exists that necessitates the use of mechanical restraint;

(b) A medical order authorizing the use of mechanical restraint is obtained from the patient’s treating physician before the application of the mechanical restraint or not later than 15 minutes after the application of the mechanical restraint;

(c) The physician who signed the order required pursuant to paragraph (b) or the attending physician examines the patient not later than 1 working day immediately after the application of the mechanical restraint;

(d) The mechanical restraint is applied by a member of the staff of the facility who is trained and qualified to apply mechanical restraint;

(e) The patient is given the opportunity to move and exercise the parts of his body that are restrained at least 10 minutes per every 60 minutes of restraint;

(f) A member of the staff of the facility lessens or discontinues the restraint every 15 minutes to determine whether the patient will stop or control his inappropriate behavior without the use of the restraint;

(g) The record of the patient contains a notation that includes the time of day that the restraint was lessened or discontinued pursuant to paragraph (f), the response of the patient and the response of the member of the staff of the facility who applied the mechanical restraint;

(h) A member of the staff of the facility continuously monitors the patient during the time that mechanical restraint is used on the patient; and

(i) The patient is released from the mechanical restraint as soon as his behavior no longer presents an immediate threat to himself or others.

2. Mechanical restraint may be used on a person with a disability who is a patient at a facility and the provisions of subsection 1 do not apply if the mechanical restraint is used to:

(a) Treat the medical needs of a patient;

(b) Protect a patient who is known to be at risk of injury to himself because he lacks coordination or suffers from frequent loss of consciousness;

(d) Position a patient who has physical disabilities in a manner prescribed in the patient’s plan of treatment.

3. If mechanical restraint is used on a person with a disability who is a patient at a facility in an emergency, the use of the procedure must be reported as a denial of rights pursuant to section 86 of this act, regardless of whether the use of the procedure is authorized by statute. The report must be made not later than 1 working day after the procedure is used.

Sec. 81.5. 1. Chemical restraint may only be used on a person with a disability who is a patient at a facility if:

(a) The patient has been diagnosed as mentally ill, as defined in NRS 433A.115, and is receiving mental health services from a facility;

(b) The chemical restraint is administered to the patient while he is under the care of the facility;

(d) A medical order authorizing the use of chemical restraint is obtained from the patient’s attending physician or psychiatrist;

(e) The physician or psychiatrist who signed the order required pursuant to paragraph (d) examines the patient not later than 1 working day immediately after the administration of the chemical restraint; and

(f) The chemical restraint is administered by a person licensed to administer medication.

2. If chemical restraint is used on a person with a disability who is a patient, the use of the procedure must be reported as a denial of rights pursuant to section 86 of this act, regardless of whether the use of the procedure is authorized by statute. The report must be made not later than 1 working day after the procedure is used.

Sec. 82. 1. Each facility shall develop a program of education for the members of the staff of the facility to provide instruction in positive behavioral interventions and positive behavioral supports that:

(a) Includes positive methods to modify the environment of patients to promote adaptive behavior and reduce the occurrence of inappropriate behavior;

(b) Includes methods to teach skills to patients so that patients can replace inappropriate behavior with adaptive behavior;

(d) Includes the use of the least intrusive methods to respond to and reinforce the behavior of patients; and

(e) Offers a process for designing interventions based upon the patient that are focused on promoting appropriate changes in behavior as well as enhancing the overall quality of life for the patient.

2. Each facility shall provide appropriate training for the members of the staff of the facility who are authorized to carry out and monitor physical restraint and mechanical restraint to ensure that those members of the staff are competent and qualified to carry out the procedures in accordance with sections 68 to 86, inclusive, of this act.

Sec. 83. 1. Unless a more severe penalty is prescribed by specific statute, a person who willfully uses aversive intervention on a person with a disability who is a patient at a facility or, except as otherwise provided in section 78.5 of this act, violates section 79 of this act:

(a) For a first violation that does not result in substantial bodily harm to the person with a disability, is guilty of a gross misdemeanor.

(b) For a first violation that results in substantial bodily harm to the person with a disability, is guilty of a category B felony.

A person who is convicted of a category B felony pursuant to this section shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

2. A person who is convicted pursuant to this section is ineligible for 5 years for employment with a facility.

3. A conviction pursuant to this section is, when applicable, grounds for disciplinary action against the person so convicted and the facility where the violation occurred. The health division may recommend to the appropriate agency or board the suspension or revocation of the professional license, registration, certificate or permit of a person convicted.

Sec. 84. 1. A facility where a violation of the provisions of sections 68 to 86, inclusive, of this act occurs shall report the violation to the health division not later than 24 hours after the violation occurred, or as soon thereafter as the violation is discovered.

2. A facility where a violation occurred shall develop, in cooperation with the health division, a corrective plan to ensure that within 30 calendar days after the violation occurred, appropriate action is taken by the facility to prevent future violations.

3. The health division shall forward the plan to the board. The board shall review the plan to ensure that it complies with applicable federal law and the statutes and regulations of this state. The board may require appropriate revision of the plan to ensure compliance.

4. If the facility where the violation occurred does not meet the requirements of the plan to the satisfaction of the board, the board may direct the agency that administers funding for the facility to withhold state funding for the facility until the facility meets the requirements of the plan.

Sec. 85. An officer, administrator or employee of a facility licensed pursuant to this chapter shall not retaliate against any person for having:

1. Reported a violation of sections 68 to 86, inclusive, of this act; or

2. Provided information regarding a violation of sections 68 to 86, inclusive, of this act,

by a facility or a member of the staff of the facility.

Sec. 86. 1. A denial of rights of a person with a disability who is a patient of a facility pursuant to sections 68 to 86, inclusive, of this act must be entered in the patient’s record. Notice of the denial must be provided to the administrator of the facility.

2. If the administrator of a facility receives notice of a denial of rights pursuant to subsection 1, he shall cause a full report to be prepared which must set forth in detail the factual circumstances surrounding the denial. A copy of the report must be provided to the health division.

3. The health division:

(a) Shall receive reports made pursuant to subsection 2;

(b) May investigate apparent violations of the rights of persons with disabilities who are patients at facilities; and

Sec. 87. NRS 449.730 is hereby amended to read as follows:

449.730 1. Every medical facility, facility for the dependent and home for individual residential care shall inform each patient or his legal representative, upon his admission to the facility or home, of the patient’s rights as listed in NRS 449.700, 449.710 and 449.720.

2. In addition to the requirements of subsection 1, if a person with a disability is a patient at a facility, as that term is defined in section 73 of this act, the facility shall inform the patient of his rights pursuant to sections 68 to 86, inclusive, of this act.

Sec. 88. NRS 449.850 is hereby amended to read as follows:

449.850 1. The attorney in fact may not consent to:

(a) Commitment or placement of the principal in a facility for treatment of mental illness;

(b) Convulsive treatment;

(d) Sterilization;

(e) Abortion; [or]

(f) Aversive intervention, as that term is defined in section 69 of this act; or

(g) Any other treatment to which the principal, in the power of attorney, states that the attorney in fact may not consent.

2. The attorney in fact must make decisions concerning the use or nonuse of life sustaining treatment which conform to the known desires of the principal. The principal may make these desires known in the power of attorney.

Sec. 89. The amendatory provisions of this act do not apply to offenses that were committed before October 1, 1999.

Sec. 90. Section 20 of this act becomes effective at 12:01 a.m. on October 1, 1999.”.

Amend the preamble of the bill, page 1, by deleting line 6 and inserting: “educational services in this state deserves to receive those”.

Amend the preamble of the bill, page 1, line 8, by deleting “is entitled” and inserting “deserves”.

Amend the preamble of the bill, page 2, by deleting line 2 and inserting: “educational services in this state deserves a”.

Amend the title of the bill to read as follows:

“AN ACT relating to persons with disabilities; prohibiting the use of aversive intervention on persons with disabilities under certain circumstances; providing penalties; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Prohibits use of aversive intervention on persons with disabilities under certain circumstances. (BDR 39‑286)”.

Mark Amodei Barbara E. Buckley

Valerie Wiener Sheila Leslie

Bernice Mathews Merle A. Berman

Senate Conference Committee Assembly Conference Committee

Senator Amodei moved that the Senate adopt the report of the first Conference Committee concerning Assembly Bill No. 280.

Remarks by Senator Amodei.

Motion carried.

Madam President:

The first Conference Committee concerning Assembly Bill No. 431, consisting of the undersigned members, has met, and reports that:

It has agreed to recommend that the amendment of the Senate be concurred in.

It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA25, which is attached to and hereby made a part of this report.

Conference Amendment.

Amend the bill as a whole by adding new sections designated sections 5.1 through 5.7, following sec. 5, to read as follows:

“Sec. 5.1. Chapter 604 of NRS is hereby amended by adding thereto the provisions set forth as sections 5.2 to 5.5, inclusive, of this act.

Sec. 5.2. A registrant, before deferring a deposit, shall provide each borrower with a written agreement, approved by the commissioner, which the borrower may keep and which contains the following information, in English:

1. The identity of the registrant deferring the deposit and the name of the registrant and the name and title of the employee who signs the agreement;

2. An itemization of the fees and interest to be paid by the borrower;

3. Disclosures required for a similar transaction by the federal Truth in Lending Act;

4. Disclosures required under any applicable state statute or regulation; and

5. A clear description of the borrower’s obligations under the deferred deposit.

Sec. 5.3. If a check is not paid upon presentment because of insufficient funds, the registrant may collect a fee of not more than $25. Only two such fees may be charged regardless of the number of times the check is presented for payment.

Sec. 5.4. If the borrower defaults on the original loan made in the form of a deferred deposit, or on any extension thereof, whichever is later, the registrant may immediately pursue any available collection proceedings on the amount of the loan made in the form of a deferred deposit and all accrued charges and interest that are then due. The interest charged from the date of the default on the loan made in the form of a deferred deposit, or on any extension thereof, must not exceed a rate equal to or less than the prime rate at the largest bank in the State of Nevada, as ascertained by the commissioner on January 1 or July 1, as the case may be, immediately preceding the date of default, plus 10 percent.

Sec. 5.5. It is unlawful for a registrant to:

1. Use or threaten to use the criminal process in this or any other state, or any civil process not available to creditors generally, to collect on a deferred deposit.

2. Make a loan made in the form of a deferred deposit that exceeds one-third of the borrower’s expected monthly net income during the term of the deferred deposit unless justified by particular circumstances. A registrant is not in violation of the provisions of this subsection if the borrower presents evidence of monthly net income to the registrant and represents to the registrant in writing that the deferred deposit do not exceed one-third of the borrower’s expected monthly net income during the term of the deferred deposit.

3. Charge to cash a check representing the proceeds of a deferred deposit.

4. Make more than one loan in the form of a deferred deposit to the same borrower at one time unless the borrower is seeking multiple loans in the form of a deferred deposits that do not exceed the limit set forth in subsection 2.

5. Establish or extend the period for the repayment, renewal, refinancing or consolidation of an outstanding loan made in the form of a deferred deposit to the same borrower beyond 10 weeks after the expiration of the initial loan period.

6. Accept any collateral for a loan made in the form of a deferred deposit.

7. Include in the written agreement required by section 5.2 of this act for a loan made in the form of a deferred deposit:

(a) A promise by the borrower to hold the lender harmless;

(b) A confession of judgment by the borrower;

(d) A waiver of any claim or defense arising out of the agreement or a waiver of any provision of this chapter.

Sec. 5.6. NRS 604.160 is hereby amended to read as follows:

604.160 A registrant shall:

1. Post in a conspicuous place in every location at which he conducts business under his certificate of registration a notice that states the fees charged for cashing checks or entering into a deferred deposit transaction.

2. Give written notice to each customer of the fees charged for cashing checks . [or entering into a deferred deposit transaction.] The notice must be signed by the customer before [any such services are] the service is provided.

Sec. 5.7. NRS 604.170 is hereby amended to read as follows:

604.170 1. The commissioner may establish by regulation:

(a) The fees that may be imposed by a check-cashing [or deferred deposit] service for cashing checks ; [or entering into a deferred deposit transaction;] and

(b) The penalties that may be imposed by the commissioner for a violation of the provisions of this chapter or the regulations adopted pursuant thereto.

2. The commissioner shall adopt such other regulations as are necessary to carry out the provisions of this chapter.”.

Amend the title of the bill, second line, after “practices;” by inserting: “revising the provisions regarding loans in the form of deferred deposits;”.

Amend the summary of the bill, first line, after “lessees,” by inserting “borrowers,”.

Randolph J. Townsend Barbara E. Buckley

Dean A. Rhoads Chris Giunchigliani

Raymond C. Shaffer Dennis Nolan

Senate Conference Committee Assembly Conference Committee

Senator Townsend moved that the Senate adopt the report of the first Conference Committee concerning Assembly Bill No. 431.

Remarks by Senators Townsend and Care.

Motion carried.

Madam President:

The first Conference Committee concerning Assembly Bill No. 669, consisting of the undersigned members, has met, and reports that:

It has agreed to recommend that the amendment of the Senate be concurred in.

It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA31, which is attached to and hereby made a part of this report.

Conference Amendment.

Amend sec. 7, page 7, by deleting line 32 and inserting: “to any taxes paid pursuant to NRS 463.401 before”.

Ann O’Connell David E. Goldwater

Michael Schneider Bernard Anderson

Dean A. Rhoads Greg Brower

Senate Conference Committee Assembly Conference Committee

Senator O’Connell moved that the Senate adopt the report of the first Conference Committee concerning Assembly Bill No. 669.

Remarks by Senators O’Connell, Titus and Neal.

Conflict of interest declared by Senators Raggio and Coffin.

Motion carried.

Madam President:

The first Conference Committee concerning Assembly Bill No. 680, consisting of the undersigned members, has met, and reports that:

It has agreed to recommend that the amendment of the Senate be concurred in.

It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA26, which is attached to and hereby made a part of this report.

Conference Amendment.

Amend the bill as a whole by deleting sections 5.2 through 5.8 and inserting:

“Secs. 5.2-5.8. (Deleted by amendment.)”.

Amend sec. 23, page 18, line 7, by deleting “bank account]” and inserting “account]”.

Amend sec. 23, page 18, line 8, by deleting “in a” and inserting: “in a bank , [or] credit union[.] or other”.

Amend sec. 23, page 18, line 13, by deleting: “[bank in which]” and inserting: “bank , [or] credit union [in which] or other”.

Amend sec. 23, page 18, line 16, by deleting “[all bank” and inserting: “[all”.

Amend sec. 33, page 26, by deleting lines 20 through 26 and inserting:

“9. A public health plan as defined in 45 C.F.R. § 146.113, authorized by the Public Health Service Act, [section 2701(c)(1)(I), as amended by Public Law 104-191,] 42 U.S.C. § 300gg(c)(1)(I);

10. A health benefit plan under section 5(e) of the Peace Corps Act, 22 U.S.C. § 2504(e); [or]

11. The children’s health insurance program established pursuant to 42 U.S.C. §§ 1397aa to 1397jj, inclusive[.] ;

12. A short-term health insurance policy; or

13. A blanket student accident and health insurance policy.”.

Amend sec. 40, pages 30 and 31, by deleting lines 41 through 43 on page 30 and lines 1 through 4 on page 31 and inserting:

“9. A public health plan as defined in 45 C.F.R. § 146.113, authorized by the Public Health Service Act, [section 2701(c)(1)(I), as amended by Public Law 104-191,] 42 U.S.C. § 300gg(c)(1)(I);

10. A health benefit plan under section 5(e) of the Peace Corps Act, 22 U.S.C. § 2504(e); [or]

11. The children’s health insurance program established pursuant to 42 U.S.C. §§ 1397aa to 1397jj, inclusive[.] ;

12. A short-term health insurance policy; or

13. A blanket student accident and health insurance policy.”.

Amend sec. 41, page 31, line 8, before “payment” by inserting “the”.

Amend sec. 41, page 31, by deleting lines 24 and 25 and inserting: “issued pursuant to the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, under which benefits for medical care”.

Amend sec. 41, page 31, by deleting lines 37 and 38 and inserting: “adopted pursuant to the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191.”.

Amend sec. 41, page 31, line 39, by deleting “689B.600,” and inserting “689B.590,”.

Amend sec. 41, page 32, line 5, by deleting “689B.600,” and inserting “689B.590,”.

Amend sec. 41, page 32, line 9, by deleting: “42 U.S.C. § 1395ss,” and inserting: “42 U.S.C. § 1395ss,”.

Amend sec. 41, page 32, by deleting lines 12 through 14 and inserting: “the Civilian Health and Medical Program of Uniformed Services, CHAMPUS, 10 U.S.C. §§ 1071 et seq.; and”.

Amend sec. 48, page36, by deleting lines 7 through 11 and inserting: “Public Law 104-191;] 42 U.S.C. § 300gg(c)(1)(I);

10. A health benefit plan under section 5(e) of the Peace Corps Act, 22 U.S.C. § 2504(e); [or]

11. The children’s health insurance program established pursuant to 42 U.S.C. §§ 1397aa to 1397jj, inclusive[.] ;

12. A short-term health insurance policy; or

13. A blanket student accident and health insurance policy.”.

Amend the bill as a whole by deleting sections 61 and 62 and inserting:

“Secs. 61 and 62. (Deleted by amendment.)”.

Amend the bill as a whole by renumbering sections 68 and 69 as sections 69 and 70 and adding a new section designated sec. 68, following sec. 67, to read as follows:

“Sec. 68. Section 38 of Senate Bill No. 37 of this session is hereby amended to read as follows:

Sec. 38. NRS 616B.500 is hereby amended to read as follows:

616B.500 1. An insurer may enter into a contract to have his plan of insurance administered by a third-party administrator.

2. An insurer shall not enter into a contract with any person for the administration of any part of the plan of insurance unless that person maintains an office in this state and has a certificate issued by the commissioner pursuant to section 14 of [this act. The system may, as a part of a contract entered into with an organization for managed care pursuant to NRS 616B.515, require the organization to act as its third-party administrator.] Assembly Bill No. 680 of this session.”.

Amend sec. 69, page 51, line 23, by deleting “20” and inserting “20, 23”.

David E. Goldwater

Dean A. Rhoads Gene Segerblom

Randolph J. Townsend Lynn C. Hettrick

Senate Conference Committee Assembly Conference Committee

Senator Rhoads moved that the Senate adopt the report of the first Conference Committee concerning Assembly Bill No. 680.

Remarks by Senator Rhoads.

Conflict of interest declared by Senator Coffin.

Motion carried.

MOTIONS, RESOLUTIONS AND NOTICES

Assembly Concurrent Resolution No. 67.

Senator Rawson moved that the resolution be referred to the Committee on Legislative Affairs and Operations.

Motion carried.

INTRODUCTION, FIRST READING AND REFERENCE

By the Committee on Finance:

Senate Bill No. 558—AN ACT making an appropriation to the Department of Transportation to conduct a feasibility study of improving access highways in adjoining states; and providing other matters properly relating thereto.

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

Motion carried.

By the Committee on Finance:

Senate Bill No. 559—AN ACT relating to the department of museums, library and arts; revising the qualifications of the director of the department; and providing other matters properly relating thereto.

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

Motion carried.

SECOND READING AND AMENDMENT

Assembly Bill No. 597.

Bill read second time.

The following amendment was proposed by the Committee on Finance:

Amendment No. 1228.

Amend sec. 6, page 5, by deleting line 20 and inserting: “the maximum rate of tax that it is authorized to impose pursuant to NRS 377B.100;”.

Amend sec. 6, page 5, by deleting line 26 and inserting:

“2. The rate of the tax imposed by subsection 1 is the difference between:

(a) The rate of tax that the board of county commissioners of the county has imposed pursuant to NRS 377B.100; and

(b) The maximum rate of tax that the board of county commissioners of the county is authorized to impose pursuant to NRS 377B.100,

but in no event may the rate imposed by subsection 1 exceed one-eighth of 1”.

Amend sec. 7, page 5, line 34, after “must be” by inserting “administered,”.

Senator Raggio moved the adoption of the amendment.

Remarks by Senator Raggio.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

GENERAL FILE AND THIRD READING

Assembly Bill No. 472.

Bill read third time.

Roll call on Assembly Bill No. 472:

Yeas—20.

Nays—O’Connell.

Assembly Bill No. 472 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 694.

Bill read third time.

Remarks by Senators Rhoads and Care.

Roll call on Assembly Bill No. 694:

Yeas—15.

Nays—Amodei, Care, Carlton, James, Neal, Titus—6.

Assembly Bill No. 694 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

MOTIONS, RESOLUTIONS AND NOTICES

Senator Washington moved that Assembly Bill No. 348 be taken from the General File and placed on the General File on the Second Agenda.

Remarks by Senators Washington and Raggio.

Motion carried.

Senator Raggio moved that the Senate recess until 2 p.m.

Motion carried.

Senate in recess at 12:14 p.m.

SENATE IN SESSION

At 2:36 p.m.

President Hunt presiding.

Quorum present.

REPORTS OF COMMITTEES

Madam President:

Your Committee on Finance, to which were referred Senate Bills Nos. 558, 559, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

William J. Raggio, Chairman

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, May 31, 1999

To the Honorable the Senate:

I have the honor to inform your honorable body that the Assembly on this day passed Senate Bill No. 557; Assembly Bill No. 702.

Also, I have the honor to inform your honorable body that the Assembly on this day adopted the report of the second Conference Committee concerning Assembly Bill No. 166.

Susan Furlong Reil

Assistant Chief Clerk of the Assembly

UNFINISHED BUSINESS

Consideration of Assembly Amendments

Senate Bill No. 329.

The following Assembly Amendment was read:

Amendment No. 1222.

Amend section 1, page 2, by deleting lines 23 through 32 and inserting:

“Section 1. 1. Except as otherwise provided in subsection 3, the State Board of Finance shall issue general obligation bonds of the State of Nevada in the face amount of not more than $3,000,000. The proceeds of the bonds must be allocated to the Division of State Parks of the State Department of Conservation and Natural Resources to assist in the construction of a California Immigrant Trail Interpretive Center in Elko County.

2. The expenses related to the issuance of bonds pursuant to this section must be paid from the proceeds of the bonds and must not exceed 2 percent of the face amount of the bonds sold.

3. The State Board of Finance shall not issue the general obligation bonds pursuant to subsection 1 unless on or before June 30, 2003:

(a) The Division of State Parks of the State Department of Conservation and Natural Resources has received commitments of at least:

(1) One million dollars from Elko County;

(2) Two million dollars from the City of Elko; and

(3) Six million dollars from the Federal Government and other available sources of grant money,

for the construction of the California Immigrant Trail Interpretive Center in Elko County; and

(b) The Federal Government has agreed to own and operate the California Immigrant Trail Interpretive Center in Elko County.”.

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

Amend the preamble of the bill, page 2, by deleting line 14 and inserting: “other commitments required by subparagraph (3) of paragraph (a) of subsection 3 of section 1 of this act and paragraph (b) of subsection 3 of section 1 of this act; and”.

Amend the preamble of the bill, page 2, line 17, after “the” by inserting “other”.

Amend the preamble of the bill, page 2, by deleting line 18 and inserting: “required by subsection 3 of section 1 of this act; now, therefore,”.

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

“AN ACT relating to state financial administration; authorizing the issuance of general obligation bonds under certain circumstances to assist in the”.

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

“SUMMARY—Authorizes issuance of general obligation bonds under certain circumstances to assist in”.

Amend the bill as a whole by adding the following assemblyman as a primary joint sponsor:

Assemblyman Marvel.

Senator Rhoads moved that the Senate concur in the Assembly amendment to Senate Bill No. 329.

Remarks by Senator Rhoads.

Motion carried.

Bill ordered enrolled.

Reports of Conference Committees

Madam President:

The second Conference Committee concerning Assembly Bill No. 166, consisting of the undersigned members, has met, and reports that:

It has agreed to recommend that the amendment of the Senate be concurred in.

It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA39, which is attached to and hereby made a part of this report.

Conference Amendment.

Amend the bill as a whole by deleting sections 1 through 13 and adding new sections designated sections 1 through 3, following the enacting clause, to read as follows:

“Section 1. NRS 202.3673 is hereby amended to read as follows:

202.3673 1. Except as otherwise provided in [NRS 202.265 and this section, a permittee shall not carry a concealed firearm into:

(a) Any facility of a law enforcement agency;

(b) A prison, county or city jail or detention facility;

(d) Any facility of a public or private school;

(e) Any facility of a vocational or technical school, or of the University and Community College System of Nevada;

(f) Any other building owned or occupied by the Federal Government, the state or a local government; or

(g) Any other place in which the carrying of a concealed firearm is prohibited by state or federal law.

2. The provisions of this section do not prohibit a permittee who is a judge from carrying a concealed firearm in the courthouse or courtroom in which he presides or from authorizing other permittees to carry a concealed firearm in his courtroom.

3. The provisions of this section are not applicable to an employee of the facility identified in subsection 1 while on the premises of that facility.

4. The provisions of this section do not apply to a permittee who is a prosecuting attorney of an agency or political subdivision of the United States or of this state.

5. A violation of the provisions of subsection 1 is a misdemeanor.] subsections 2 and 3, a permittee may carry a concealed firearm while he is on the premises of any public building.

2. A permittee shall not carry a concealed firearm while he is on the premises of a public building that is located on the property of a public airport.

3. A permittee shall not carry a concealed firearm while he is on the premises of:

(a) A public building that is located on the property of a public school or the property of the University and Community College System of Nevada, unless the permittee has obtained written permission to carry a concealed firearm while he is on the premises of the public building pursuant to paragraph (c) of subsection 3 of NRS 202.265.

(b) A public building that has a metal detector at each public entrance or a sign posted at each public entrance indicating that no firearms are allowed in the building, unless the permittee is not prohibited from carrying a concealed firearm while he is on the premises of the public building pursuant to subsection 4.

4. The provisions of paragraph (b) of subsection 3 do not prohibit:

(a) A permittee who is a judge from carrying a concealed firearm in the courthouse or courtroom in which he presides or from authorizing a permittee to carry a concealed firearm while in the courtroom of the judge and while traveling to and from the courtroom of the judge.

(b) A permittee who is a prosecuting attorney of an agency or political subdivision of the United States or of this state from carrying a concealed firearm while he is on the premises of a public building.

(c) A permittee who is employed in the public building from carrying a concealed firearm while he is on the premises of the public building.

(d) A permittee from carrying a concealed firearm while he is on the premises of the public building if the permittee has received written permission from the person in control of the public building to carry a concealed firearm while the permittee is on the premises of the public building.

5. A person who violates subsection 2 or 3 is guilty of a misdemeanor.

6. As used in this section, “public building” means any building or office space occupied by:

(a) Any component of the University and Community College System of Nevada and used for any purpose related to the system; or

(b) The Federal Government, the State of Nevada or any county, city, school district or other political subdivision of the State of Nevada and used for any public purpose.

If only part of the building is occupied by an entity described in this subsection, the term means only that portion of the building which is so occupied.

Sec. 2. The amendatory provisions of this act do not apply to offenses committed before the effective date of this act.

Sec. 3. This act becomes effective upon passage and approval.”.

Amend the title of the bill to read as follows:

“AN ACT relating to concealed firearms; expanding the locations into which a permittee may carry a concealed firearm; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Expands locations into which permittee may carry concealed firearm. (BDR 15‑351)”.

Dean A. Rhoads Bernard Anderson

Maurice E. Washington Greg Brower

Terry Care Sheila Leslie

Senate Conference Committee Assembly Conference Committee

Senator Rhoads moved that the Senate adopt the report of the second Conference Committee concerning Assembly Bill No. 166.

Remarks by Senator Rhoads.

Motion carried.

Appointment of Conference Committees

Madam President appointed Senators O’Connell, Porter and Amodei as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Senate Bill No. 544.

INTRODUCTION, FIRST READING AND REFERENCE

By the Committee on Finance:

Senate Bill No. 560—AN ACT relating to governmental administration; making appropriations to various projects and programs that benefit the residents of this state; establishing a position of Weed Control Analyst and providing the powers and duties of the position; advancing the effective date of certain previously enacted provisions concerning the governmental regulation of the practice of dentistry; and providing other matters properly relating thereto.

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

Motion carried.

Assembly Bill No. 702.

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

Motion carried.

GENERAL FILE AND THIRD READING

Senate Bill No. 558.

Bill read third time.

Remarks by Senators Raggio, Porter, Neal, Wiener, Titus and Rawson.

Senators James, Jacobsen and Amodei moved the previous question.

Motion carried.

The question being on the passage of Senate Bill No. 558.

Roll call on Senate Bill No. 558:

Yeas—16.

Nays—Carlton, Coffin, Shaffer, Titus—4.

Not Voting—Raggio.

Senate Bill No. 558 having received a constitutional majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

Senate Bill No. 559.

Bill read third time.

Roll call on Senate Bill No. 559:

Yeas—19.

Nays—Coffin, Neal—2.

Senate Bill No. 559 having received a constitutional majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 348.

Bill read third time.

The following amendment was proposed by the Committee on Finance:

Amendment No. 1226.

Amend sec. 4, page 3, line 28, by deleting “(q),” and inserting “(n),”.

Amend sec. 4, page 3, line 29, by deleting “5” and inserting “2”.

Amend sec. 5, page 4, by deleting lines 18 and 19 and inserting:

“Sec. 5. 1. The governing body of a charter school shall consist of at least three teachers, as defined in NRS 391.311, and may consist of, without limitation, parents and representatives of nonprofit”.

Amend sec. 12, page 5, by deleting lines 24 and 25 and inserting:

“386.505 [1. The legislature hereby declares that by authorizing the formation of charter schools in this state:”.

Amend sec. 12, page 6, by deleting lines 11 through 18 and inserting:

educational personnel for the program of learning offered.

2.] The legislature declares that by authorizing the formation of charter schools it is not authorizing:

[(a)] 1. The establishment of a charter school as a justification to keep open an existing public school that would otherwise be closed;

[(b)] 2. A means for providing financial assistance for private schools or programs of home study; or

[(c)] 3. The formation of charter schools on the”.

Amend sec. 13, page 6, by deleting line 34 and inserting: “least three [licensed] teachers , as defined in NRS 391.311, alone or in combination with:”.

Amend sec. 13, pages 6 and 7, by deleting lines 41 through 43 on page 6 and lines 1 through 14 on page 7, and inserting:

“2. [A committee to form a charter school may not submit an application to form a charter school that proposes to convert a private school or a program of study at home into a charter school.]”.

Amend sec. 13, page 7, line 15, by deleting “5.”.

Amend sec. 13, pages 8, 9 and 10, by deleting lines 30 through 42 on page 8, lines 1 through 43 on page 9 and lines 1 through 18 on page 10, and inserting:

“(b) A written description of the mission and goals for the charter school. A charter school must have as its stated purpose at least one of the following goals:

(1) Improving the opportunities for pupils to learn;

(2) Encouraging the use of effective methods of teaching;

(3) Providing an accurate measurement of the educational achievement of pupils;

(4) Establishing accountability of public schools;

(5) Providing a method for public schools to measure achievement based upon the performance of the schools; or

(6) Creating new professional opportunities for teachers.

(d) The proposed dates of enrollment for the charter school.

(e) The proposed system of governance for the charter school, including, without limitation, the number of persons who will govern, the method of selecting the persons who will govern and the term of office for each person.

(f) The method by which disputes will be resolved between the governing body of the charter school and the sponsor of the charter school.

(g) The proposed curriculum for the charter school.

(h) The textbooks that will be used at the charter school.

(i) The qualifications of the persons who will provide instruction at the charter school.

(j) Except as otherwise required by NRS 386.595, the process by which the governing body of the charter school will negotiate employment contracts with the employees of the charter school.

(k) A financial plan for the operation of the charter school. The plan must include, without limitation, procedures for the audit of the programs and finances of the charter school and guidelines for determining the financial liability if the charter school is unsuccessful.

(l) A statement of whether the charter school will provide for the transportation of pupils to and from the charter school. If the charter school will provide transportation, the application must include the proposed plan for the transportation of pupils. If the charter school will not provide transportation, the application must include a statement that the charter school will work with the parents and guardians of pupils enrolled in the charter school to develop a plan for transportation to ensure that pupils have access to transportation to and from the charter school.

(m) The procedure for the evaluation of teachers of the charter school, if different from the procedure prescribed in NRS 391.3125. If the procedure is different from the procedure prescribed in NRS 391.3125, the procedure for the evaluation of teachers of the charter school must provide the same level of protection and otherwise comply with the standards for evaluation set forth in NRS 391.3125.

(n) The time by which certain academic or educational results will be achieved.”.

Amend sec. 13, page 10, line 19, by deleting “6.” and inserting “3.”.

Amend sec. 17, page 14, by deleting line 6 and inserting: “administered pursuant to NRS 389.015 and the examinations required pursuant to section 11 of [this act] Senate Bill No. 466 of this session to the pupils who are enrolled in the”.

Amend sec. 17, page 14, by deleting lines 10 through 12 and inserting:

“9. Provide at least the”.

Amend sec. 17, page 14, by deleting lines 23 through 39 and inserting: “[school district in which the charter school is located.

12.] Refrain from using public money to purchase real property or buildings without the approval of the sponsor.

11. Hold harmless, indemnify and defend the sponsor of the charter school against any claim or liability arising from an act or omission by the governing body of the charter school or an employee or officer of the charter school. An action at law may not be maintained against the sponsor of a charter school for any cause of action for which the charter school has obtained liability insurance.

12. Provide written notice to the parents or legal guardians of pupils in grades 9 to 12, inclusive, who are enrolled in the charter school of whether the charter school is accredited by the Commission on Schools of the Northwest Association of Schools and Colleges.

13. Adopt a final budget in accordance with the regulations adopted by the department. A charter school is not required to adopt a final budget pursuant to NRS 354.598 or otherwise comply with the provisions of chapter 354 of NRS.”.

Amend sec. 18, page 15, by deleting lines 8 and 9 and inserting: “board of trustees of the school district and during times that are not regular school hours.”.

Amend sec. 18, page 15, by deleting line 33 and inserting: “trustees, any public school within the same zone of attendance as the charter school if:”

Amend sec. 23, page 18, by deleting lines 30 and 31:

“vocational school, the charter school shall, to the extent practicable, ensure that at least 70 percent of the teachers who provide instruction at the school are licensed teachers, but in no event may more than 50 percent of the teachers who provide instruction at the school be unlicensed teachers.”.

Amend sec. 23, page 19, by deleting lines 32 and 33 and inserting:

“(a) A degree, a license or a certificate in the field for which he is employed to teach at the charter school; and”.

Amend sec. 25, page 22, line 23, by deleting “(q)” and inserting “(t)”.

Amend sec. 25, page 22, by deleting line 30 and inserting: “charter school’s program of accountability. The”.

Amend sec. 25, page 22, line 33, by deleting “based; and” and inserting: “based and a review and analysis of any data that is more recent than the data upon which the report is based; and”.

Amend sec. 25, page 23, by deleting lines 15 and 16 and inserting: “adopted by the governing body of the charter school [.] pursuant to the regulations of the department.”.

Amend the bill as a whole by deleting sec. 33 and adding:

“Sec. 33. (Deleted by amendment.)”.

Amend the bill as a whole by deleting sections 35 and 36 and adding:

“Secs. 35 and 36. (Deleted by amendment.)”.

Amend sec. 45, page 37, by deleting lines 8 through 21.

Amend sec. 45, page 37, line 22, by deleting “5.” and inserting “4.”.

Amend sec. 45, page 37, by deleting line 23 and inserting: “for a pupil to participate in a class or extracurricular activity at a”.

Amend sec. 45, page 37, line 24, by deleting: “subsections 3 and 4” and inserting “subsection 3”.

Amend sec. 45, page 37, by deleting line 27 and inserting “trustees.”.

Amend sec. 45, page 37, line 31, by deleting “6.” and inserting “5.”.

Amend sec. 45, page 37, line 34, by deleting “7.” and inserting “6.”.

Amend sec. 45, page 37, line 37, by deleting “8.” and inserting “7.”.

Amend sec. 46, page 38, by deleting lines 22 and 23 and inserting:

“3. Except as otherwise provided in this section, if a pupil is deemed a habitual disciplinary problem pursuant to NRS 392.4655, the pupil must be”.

Amend sec. 46, page 39, by deleting line 8 and inserting: “Disabilities Education Act, 20 U.S.C. §§ 1400 et seq.”.

Amend sec. 55, page 44, by deleting lines 8 through 11 and inserting:

“Sec. 55. NRS 386.510 is hereby repealed.”.

Amend the bill as a whole by deleting sec. 58 and adding:

“Sec. 58. (Deleted by amendment.)”.

Amend sec. 60, page 45, by deleting lines 25 through 31 and inserting:

“2. Sections 1 to 12, inclusive, 13 to 16, inclusive, 18 to 24, inclusive, 26 to 45, inclusive, 47 to 54, inclusive, and 58 and 59 of this act become effective on July 1, 1999.

3. Sections 17, 25 and 46 of this act become effective at 12:01 a.m. on July 1, 1999.

4. Section 12.5 of this act becomes effective on July 1, 2001.

5. Section 55 of this act becomes effective on July 1, 2003.”.

Amend the bill as a whole by deleting the leadlines of repealed sections and adding the text of the repealed section, following sec. 60, to read as follows:

TEXT OF REPEALED SECTION

386.510 Limitation on number of charter schools that may be formed in certain counties; exception for charter schools that provide education for pupils at risk.

1. Except as otherwise provided in subsection 2:

(a) In a county whose population is more than 400,000, two charter schools may be formed per every 75,000 pupils who are enrolled in public schools in the county school district.

(b) In a county whose population is more than 100,000 but less than 400,000, two charter schools may be formed.

2. The limitations set forth in subsection 1 do not apply to charter schools that are dedicated to providing educational programs and opportunities for pupils who are at risk.”.

Amend the title of the bill by deleting the sixth and seventh lines and inserting: “revising various other provisions governing charter schools;”.

Senator Washington moved the adoption of the amendment.

Remarks by Senators Washington and Neal.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 564.

Bill read third time.

Remarks by Senator Raggio.

Roll call on Assembly Bill No. 564:

Yeas—21.

Nays—None.

Assembly Bill No. 564 having received a constitutional majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 597.

Bill read third time.

Remarks by Senators Raggio, McGinness and Neal.

Roll call on Assembly Bill No. 597:

Yeas—21.

Nays—None.

Assembly Bill No. 597 having received a two-thirds majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 598.

Bill read third time.

Roll call on Assembly Bill No. 598:

Yeas—21.

Nays—None.

Assembly Bill No. 598 having received a constitutional majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 698.

Bill read third time.

Roll call on Assembly Bill No. 698:

Yeas—21.

Nays—None.

Assembly Bill No. 698 having received a constitutional majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 701.

Bill read third time.

Remarks by Senator Raggio.

Senator Carlton disclosed that her husband is a state employee.

Roll call on Assembly Bill No. 701:

Yeas—20.

Nays—None.

Not Voting—Washington.

Assembly Bill No. 701 having received a constitutional majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, May 31, 1999

To the Honorable the Senate:

I have the honor to inform your honorable body that the Assembly amended, and on this day adopted, as amended, Assembly Concurrent Resolution No. 72.

Also, I have the honor to inform your honorable body that the Assembly on this day passed Assembly Bill No. 703.

Also, I have the honor to inform your honorable body that the Assembly on this day adopted the report of the first Conference Committee concerning Assembly Bill No. 64.

Also, I have the honor to inform your honorable body that the Assembly on this day adopted the report of the second Conference Committee concerning Assembly Bill No. 289.

Also, I have the honor to inform your honorable body that the Assembly on this day adopted the report of the first Conference Committee concerning Senate Bill No. 104.

Also, I have the honor to inform your honorable body that the Assembly on this day adopted the report of the second Conference Committee concerning Senate Bill No. 302.

Also, I have the honor to inform your honorable body that the Assembly on this day adopted the report of the second Conference Committee concerning Senate Bill No. 381.

Also, I have the honor to inform your honorable body that the Assembly on this day adopted the report of the first Conference Committee concerning Senate Bill No. 445.

Also, I have the honor to inform your honorable body that the Assembly on this day concurred in the Senate Amendment No. 1221 to Assembly Bill No. 472; Senate Amendment No. 998 to Assembly Bill No. 660; Senate Amendment No. 1216 to Assembly Bill No. 694.

Susan Furlong Reil

Assistant Chief Clerk of the Assembly

UNFINISHED BUSINESS

Reports of Conference Committees

Madam President:

The first Conference Committee concerning Assembly Bill No. 64, consisting of the undersigned members, has met, and reports that:

It has agreed to recommend that the amendment of the Senate be concurred in.

It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA38, which is attached to and hereby made a part of this report.

Conference Amendment.

Amend sec. 62, page 28, by deleting line 27 and inserting:

“Sec. 62. Except as otherwise provided in section 78 of this act:

1. A person who claims an exemption from the provisions”.

Amend sec. 75, page 35, line 43, by deleting “and”.

Amend sec. 75, page 36, line 7, by deleting “purpose.” and inserting: “purpose; and

(4) Expressly provide that the power of attorney is effective for a period of not more than 6 months unless, before the date on which the period expires, the mortgage broker obtains written approval from the investor to extend the power of attorney for an additional period of not more than 6 months. The mortgage broker may, on a continuing basis, obtain written approval from the investor to extend the power of attorney for one or more consecutive periods of not more than 6 months each, except that the investor may execute only one written approval for an extension during each such 6-month period.”.

Amend sec. 75, page 36, between lines 20 and 21, by inserting:

“4. The provisions of this section do not limit the right of an investor to include provisions in a power of attorney that are more restrictive than the provisions set forth in subsection 1.”.

Amend sec. 78, page 38, by deleting line 3 and inserting:

“Sec. 78. 1. If a person offers or provides any of the services of a mortgage broker or otherwise engages in, carries on or holds himself out as engaging in or carrying on the business of a mortgage broker and, at the time:

(a) The person was required to have a license pursuant to this chapter and the person did not have such a license; or

(b) The person’s license was suspended or revoked pursuant to this chapter,

the commissioner shall impose upon the person an administrative fine of not more than $10,000 for each violation and, if the person has a license, the commissioner shall revoke it.

2. If a person is exempt from the provisions of this chapter pursuant to subsection 6 of NRS 645B.015 and the person, while exempt, maintains, offers to maintain or holds himself out as maintaining any accounts described in subsection 1 of NRS 645B.175 or otherwise engages in, offers to engage in or holds himself out as engaging in any activity that would remove the person from the exemption set forth in subsection 6 of NRS 645B.015, the commissioner shall impose upon the person an administrative fine of not more than $10,000 for each violation and the commissioner shall revoke the person’s exemption. If the commissioner revokes an exemption pursuant to this subsection, the person may not again be granted the same or a similar exemption from the provisions of this chapter. The person may apply for a license pursuant to this chapter unless otherwise prohibited by specific statute.

3. If a mortgage broker violates any provision of subsection 1 of NRS 645B.080 and the mortgage broker fails, without reasonable cause, to remedy the violation within 20 business days after being ordered by the commissioner to do so or within such later time as prescribed by the commissioner, or if the commissioner orders a mortgage broker to provide information, make a report or permit an examination of his books or affairs pursuant to this chapter and the mortgage broker fails, without reasonable cause, to comply with the order within 20 business days or within such later time as prescribed by the commissioner, the commissioner shall:

(a) Impose upon the mortgage broker an administrative fine of not more than $10,000 for each violation;

(b) Suspend or revoke the license of the mortgage broker; and

(c) Conduct a hearing to determine whether the mortgage broker is conducting business in an unsafe and injurious manner that may result in danger to the public and whether it is necessary for the commissioner to take possession of the property of the mortgage broker pursuant to NRS 645B.150.”.

Amend the bill as a whole by adding a new section designated sec. 78.5, following sec. 78, to read as follows:

“Sec. 78.5. 1. Except as otherwise provided in subsection 2, for each violation that may be committed by a person pursuant to this chapter or the regulations adopted pursuant to this chapter, the commissioner shall adopt regulations:

(a) Categorizing the violation as a major violation or a minor violation; and

(b) Specifying the disciplinary action that will be taken by the commissioner pursuant to this chapter against a person who commits:

(1) A major violation. The disciplinary action taken by the commissioner for a major violation must include, without limitation, suspension or revocation of the person’s license.

(2) More than two minor violations. The commissioner may establish graduated sanctions for a person who commits more than two minor violations based upon the number, the frequency and the severity of the minor violations and whether the person previously has committed any major violations.

2. The provisions of this section do not apply to a violation for which the commissioner is required to take disciplinary action in accordance with section 78 of this act.”.

Amend sec. 79, page 38, line 5, by deleting: “may take any” and inserting: “shall take any disciplinary action required pursuant to section 78 of this act and may take any other”.

Amend sec. 85, page 40, line 40, by deleting “subsection,” and inserting: “subsection [,] and section 78 of this act,”.

Amend sec. 93, page 48, by deleting lines 15 through 40 and inserting:

“645B.090 1. Except as otherwise provided in this section or by [law,] specific statute, all papers, documents, reports and other written instruments filed with the commissioner [under] pursuant to this chapter are open to public inspection . [, except that]

2. Except as otherwise provided in subsection 3, the commissioner may withhold from public inspection or refuse to disclose to a person, for such time as [he] the commissioner considers necessary , any information [which] that, in his judgment , would:

(a) Impede or otherwise interfere with an investigation that is currently pending against a mortgage broker;

(b) Have an undesirable effect on the [public] welfare of the public or the welfare of any mortgage [company requires to be so withheld.] broker or mortgage agent; or

3. The commissioner shall disclose the following information concerning a mortgage broker to any person who requests it:

(a) The findings and results of any investigation which has been completed during the immediately preceding 5 years against the mortgage broker pursuant to the provisions of this chapter and which has resulted in a finding by the commissioner that the mortgage broker committed a violation of a provision of this chapter, a regulation adopted pursuant to this chapter or an order of the commissioner; and

(b) The nature of any disciplinary action that has been taken during the immediately preceding 5 years against the mortgage broker pursuant to the provisions of this chapter.”.

Amend sec. 95, page 49, by deleting line 27 and inserting:

“645B.100 Except as otherwise provided in section 78 of this act:

1. [The] For each violation committed by an applicant,”.

Amend sec. 108, page 63, line 31, after “1.” by inserting: “Each mortgage broker shall include in each advertisement that the mortgage broker uses in carrying on his business:

(a) A statement of disclosure in substantially the following form:

Money invested through a mortgage broker is not guaranteed to earn any interest or return and is not insured.

(b) Any other statements of disclosure required pursuant to the regulations adopted by the commissioner or required pursuant to an order of the commissioner entered in accordance with subsections 7 and 8 of NRS 645B.185.

2.”.

Amend sec. 108, page 63, line 37, by deleting “2.” and inserting “3.”.

Amend sec. 108, page 64, line 1, by deleting “3.” and inserting “4.”.

Amend sec. 108, page 64, line 8, by deleting “4.” and inserting “5.”.

Amend sec. 139, page 83, after line 3, by inserting:

“4. Section 78.5 of this act expires by limitation on October 1, 2001.”.

Randolph J. Townsend David E. Goldwater

Mark Amodei Barbara E. Buckley

Maggie Carlton Merle A. Berman

Senate Conference Committee Assembly Conference Committee

Senator Townsend moved that the Senate adopt the report of the first Conference Committee concerning Assembly Bill No. 64.

Conflict of interest declared by Senator O’Connell.

Remarks by Senator Townsend.

Motion carried.

Madam President:

The first Conference Committee concerning Senate Bill No. 544, consisting of the undersigned members, has met, and reports that:

It has agreed to recommend that the amendment of the Assembly be concurred in.

It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA40, which is attached to and hereby made a part of this report.

Conference Amendment.

Amend sec. 17, page 11, line 2, after “inclusive,” by inserting: “and section 2 of Senate Bill No. 404 of this [act,] session,”.

Amend sec. 17, page 11, line 5, by deleting “to” and inserting: “to, except as otherwise provided in section 2 of Senate Bill No. 404 of this [act,] session,”.

Amend sec. 20, page 14, line 4, after “inclusive,” by inserting: “and sections 2 and 3 of Senate Bill No. 404 of this [act,] session,”.

Amend sec. 27, page 17, line 20, after “board,” by inserting: “except as otherwise provided in sections 2 and 3 of Senate Bill No. 404 of this [act,] session,”.

Amend the bill as a whole by adding a new section designated sec. 42.7, following sec. 42.5, to read as follows:

“Sec. 42.7. Section 3 of Assembly Bill No. 12 of this session is hereby amended to read as follows:

Sec. 3. NRS 233B.039 is hereby amended to read as follows:

233B.039 1. The following agencies are entirely exempted from the requirements of this chapter:

(a) The governor.

(b) The department of prisons.

(d) The office of the military.

(e) The state gaming control board.

(f) The Nevada gaming commission.

(g) The welfare division of the department of human resources.

(h) The division of health care financing and policy of the department of human resources.

(i) The state board of examiners acting pursuant to chapter 217 of NRS.

(j) Except as otherwise provided in NRS 533.365, the office of the state engineer.

(k) The division of industrial relations of the department of business and industry acting to enforce the provisions of NRS 618.375.

(l) The board to review claims in adopting resolutions to carry out its duties pursuant to NRS 590.830.

2. Except as otherwise provided in NRS 391.323, the department of education, the board of the public employees’ benefits program and the commission on professional standards in education are subject to the provisions of this chapter for the purpose of adopting regulations but not with respect to any contested case.

3. The special provisions of:

(a) Chapter 612 of NRS for the distribution of regulations by and the judicial review of decisions of the employment security division of the department of employment, training and rehabilitation;

(b) Chapters 616A to 617, inclusive, of NRS for the determination of contested claims;

(d) Chapter 91 of NRS for the judicial review of decisions of the administrator of the securities division of the office of the secretary of state; and

(e) NRS 90.800 for the use of summary orders in contested cases,

prevail over the general provisions of this chapter.

4. The provisions of NRS 233B.122, 233B.124, 233B.125 and 233B.126 do not apply to the department of human resources in the adjudication of contested cases involving the issuance of letters of approval for health facilities and agencies.

5. The provisions of this chapter do not apply to:

(a) Any order for immediate action, including, but not limited to, quarantine and the treatment or cleansing of infected or infested animals, objects or premises, made under the authority of the state board of agriculture, the state board of health, the state board of sheep commissioners or any other agency of this state in the discharge of a responsibility for the preservation of human or animal health or for insect or pest control; or

(b) An extraordinary regulation of the state board of pharmacy adopted pursuant to NRS 453.2184.

6. The state board of parole commissioners is subject to the provisions of this chapter for the purpose of adopting regulations but not with respect to any contested case.”.

Amend sec. 47, page 30, line 16, by deleting “insurance,” and inserting: “insurance or the public employees’ benefits program,”.

Amend the bill as a whole by adding new sections designated sections 47.2 and 47.3, following sec. 47, to read as follows:

“Sec. 47.2. Section 3 of Senate Bill No. 404 of this session is hereby amended to read as follows:

Sec. 3. 1. Except as otherwise provided in subsection 4, the surviving spouse and any surviving child of a police officer or fireman who was employed by a participating public agency and who was killed in the line of duty may join or continue coverage under the [state’s program of group insurance] public employees’ benefits program if the police officer or fireman was a participant or would have been eligible to participate on the date of the death of the police officer or fireman. If the surviving spouse or child elects to join or discontinue coverage under the [state’s program of group insurance] public employees’ benefits program pursuant to this subsection, the spouse, child or legal guardian of the child must notify in writing the participating public agency that employed the police officer or fireman within 60 days after the date of death of the police officer or fireman.

2. Except as otherwise provided in subsection 4, the surviving spouse and any surviving child of a volunteer fireman who was killed in the line of duty and who was officially a member of a volunteer fire department in this state is eligible to join the [state’s program of group insurance.] public employees’ benefits program. If such a spouse or child elects to join the [state’s program of group insurance,] public employees’ benefits program, the spouse, child or legal guardian of the child must notify in writing the [committee on benefits] board within 60 days after the date of death of the volunteer fireman.

3. The participating public agency that employed the police officer or fireman shall pay the entire cost of the premiums or contributions for the [state’s program of group insurance] public employees’ benefits program for the surviving spouse or child who meets the requirements set forth in subsection 1. The State of Nevada shall pay the entire cost of the premiums or contributions for the [state’s program of group insurance] public employees’ benefits program for the surviving spouse or child who elects to join the [state’s program of group insurance] public employees’ benefits program pursuant to subsection 2.

4. A surviving spouse is eligible to receive coverage pursuant to this section for the duration of the life of the surviving spouse. A surviving child is eligible to receive coverage pursuant to this section until the child reaches:

(a) The age of 18 years; or

(b) The age of 23 years, if the child is enrolled as a full-time student in an accredited university, college or trade school.

5. As used in this section “police officer” has the meaning ascribed to it in NRS 617.135.

Sec. 47.3. Section 3 of Senate Bill No. 404 of this session is hereby amended to read as follows:

Sec. 3. 1. Except as otherwise provided in subsection 4, the surviving spouse and any surviving child of a police officer or fireman who was employed by a participating public agency and who was killed in the line of duty may join or continue coverage under the public employees’ benefits program or another insurer or employee benefit plan approved by the board pursuant to section 12.5 of Senate Bill No. 544 of this session if the police officer or fireman was a participant or would have been eligible to participate on the date of the death of the police officer or fireman. If the surviving spouse or child elects to join or discontinue coverage under the public employees’ benefits program pursuant to this subsection, the spouse, child or legal guardian of the child must notify in writing the participating public agency that employed the police officer or fireman within 60 days after the date of death of the police officer or fireman.

2. Except as otherwise provided in subsection 4, the surviving spouse and any surviving child of a volunteer fireman who was killed in the line of duty and who was officially a member of a volunteer fire department in this state is eligible to join the public employees’ benefits program. If such a spouse or child elects to join the public employees’ benefits program the spouse, child or legal guardian of the child must notify in writing the board within 60 days after the date of death of the volunteer fireman.

3. The participating public agency that employed the police officer or fireman shall pay the entire cost of the premiums or contributions for the public employees’ benefits program or another insurer or employee benefit plan approved by the board pursuant to section 12.5 of Senate Bill No. 544 of this session for the surviving spouse or child who meets the requirements set forth in subsection 1. The State of Nevada shall pay the entire cost of the premiums or contributions for the public employees’ benefits program for the surviving spouse or child who elects to join the public employees’ benefits program pursuant to subsection 2.

(a) The age of 18 years; or

(b) The age of 23 years, if the child is enrolled as a full-time student in an accredited university, college or trade school.

5. As used in this section “police officer” has the meaning ascribed to it in NRS 617.135.”.

Amend sec. 49, page 30, line 41, after “42,” by inserting “42.7, 47.2,”.

Amend sec. 49, page 31, by deleting line 1 and inserting:

“4. Sections 12.5 and 47.3 of this act become effective on July 1, 1999, for the”.

Amend sec. 49, page 31, line 2, by deleting “July” and inserting “January”.

Amend sec. 50, page 31, line 9, by deleting “to” and inserting “to:”

Amend sec. 50, page 31, line 10, by deleting ““committee” and inserting “(a) “Committee”.

Amend sec. 50, page 31, between lines 11 and 12 by inserting:

“(b) “State’s program of group insurance” to “public employees’ benefits program.”.

Amend sec. 50, page 31, line 13, by deleting “to committee” and inserting: “to:

(a) “Committee”.

Amend sec. 50, page 31, after line 14 by inserting:

“(b) “State’s program of group insurance” to “public employees’ benefits program.”.

Joseph E. Dini

Ann O’Connell morse Arberry

Jon C. Porter Richard D. Perkins

Senate Conference Committee Assembly Conference Committee

Senator O’Connell moved that the Senate adopt the report of the first Conference Committee concerning Senate Bill No. 544.

Remarks by Senator O’Connell.

Motion carried.

Senator Raggio moved that the Senate recess until 5 p.m.

Motion carried.

Senate in recess at 3:48 p.m.

SENATE IN SESSION

At 6:08 p.m.

President Hunt presiding.

Quorum present.

REPORTS OF COMMITTEES

Madam President:

Your Committee on Finance, to which was referred Senate Bill No. 560, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

William J. Raggio, Chairman

Madam President:

Your Committee on Legislative Affairs and Operations, to which was referred Assembly Concurrent Resolution No. 67, has had the same under consideration, and begs leave to report the same back with the recommendation: Be adopted.

Jon C. Porter, Chairman

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, May 31, 1999

To the Honorable the Senate:

I have the honor to inform your honorable body that the Assembly on this day adopted the report of the first Conference Committee concerning Senate Bill No. 544.

Susan Furlong Reil

Assistant Chief Clerk of the Assembly

MOTIONS, RESOLUTIONS AND NOTICES

Assembly Concurrent Resolution No. 67.

Senator Porter moved the adoption of the resolution.

Remarks by Senators O’Connell, James, Titus, Care and Rawson.

Motion lost on a division of the house.

Assembly Concurrent Resolution No. 72.

Senator Rawson moved the adoption of the resolution.

Remarks by Senators Rawson, James and O’Connell.

Resolution adopted.

Senator Raggio moved that Senate Bill No. 370 be taken from the Secretary's desk and placed on General File.

Remarks by Senator Raggio.

Motion carried.

UNFINISHED BUSINESS

Reports of Conference Committees

Madam President:

The first Conference Committee concerning Assembly Bill No. 689, consisting of the undersigned members, has met, and reports that:

It has agreed to recommend that the amendment of the Senate be concurred in.

It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA37, which is attached to and hereby made a part of this report.

Conference Amendment.

Amend sec. 2, page 4, line 15, by deleting “continue” and inserting “cease”.

Amend the title of the bill by deleting the second and third lines and inserting: “to make the provisions of the bill applicable to water authorities; requiring an advisory question concerning the fluoridation of water to be placed on the general election ballot in a county whose population is 400,000 or more; and providing other matters”.

Raymond D. Rawson Bernard Anderson

Valerie Wiener Chris Giunchigliani

Maurice E. Washington John C. Carpenter

Senate Conference Committee Assembly Conference Committee

Senator Rawson moved that the Senate adopt the report of the first Conference Committee concerning Assembly Bill No. 689.

Remarks by Senator Rawson.

Motion carried.

Madam President:

The second Conference Committee concerning Senate Bill No. 423, consisting of the undersigned members, has met, and reports that:

It has agreed to recommend that the amendment of the Assembly be concurred.

It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. 36, which is attached to and hereby made a part of this report.

Conference Amendment.

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

Amend the bill as a whole by deleting sections 3 and 4 and renumbering sections 5 through 12 as sections 3 through 10.

Amend sec. 6, page 4, by deleting lines 26 through 32 and inserting:

“3. The board may require a licensee to demonstrate his financial responsibility at any time through the submission of:

(a) A financial statement that is prepared by an independent certified public accountant; and

(b) If the licensee performs residential construction, such additional documentation as the board deems appropriate.”.

Amend sec. 6, page 4, line 40, by deleting “a” and inserting “an independent”.

Amend sec. 7, page 5, line 7, by deleting “6,” and inserting “[3,] 4,”.

Amend sec. 7, page 5, by deleting line 15 and inserting: “cost, that may consist of requiring the licensee to:

(1) Perform the corrective work himself;

(2) Hire and pay another licensee to perform the corrective work; or

(3) Pay to the owner of the construction project a specified sum to correct the condition; or”.

Amend sec. 7, page 5, line 35, after “4.” by inserting: “If a licensee violates the provisions of NRS 624.3014 or subsection 3 of NRS 624.3015, the board may impose an administrative fine of not more than $20,000.

[~~4.]~~ 5.”.

Amend sec. 7, page 5, line 39, by deleting “[~~4.]~~ 5.” and inserting “[~~5.]~~ 6.”.

Amend sec. 7, page 6, line 1, by deleting “[~~5.]~~ 6.” and inserting “[~~6.]~~ 7.”.

Amend sec. 7, page 6, by deleting lines 6 through 11.

Amend sec. 7, page 6, line 12, after “section,” by inserting: “including any discipline imposed pursuant to a stipulated settlement,”.

Amend sec. 10, page 8, line 2, by deleting: “11 and 12” and inserting: “9 and 10”.

Amend sec. 11, pages 8 and 9, by deleting lines 39 through 43 on page 8 and line 1 on page 9.

Amend the bill as a whole by deleting sec. 13, renumbering sections 14 and 15 as sections 13 and 14 and adding new sections designated sections 11 and 12, following sec. 12, to read as follows:

“Sec. 11. Section 18 of Assembly Bill No. 636 of this session is hereby amended to read as follows:

Sec. 18. NRS 624.283 is hereby amended to read as follows:

624.283 1. Each license issued under the provisions of this chapter expires 1 year after the date on which it is issued, except that the board may by regulation prescribe shorter or longer periods and prorated fees to establish a system of staggered renewals. Any license which is not renewed on or before the date for renewal is automatically suspended.

2. A license may be renewed by submitting to the board:

(a) An application for renewal;

(b) The statement required pursuant to NRS 624.268 if the holder of the license is a natural person; [and]

(d) Any assessment required pursuant to section 9 of this act if the holder of the license is a residential contractor as defined in section 7 of this act.

3. The board may require a licensee to demonstrate his financial responsibility at any time through the submission of:

(a) A financial statement that is prepared by an independent certified public accountant; and

(b) If the licensee performs residential construction, such additional documentation as the board deems appropriate.

4. If a license is automatically suspended pursuant to subsection 1, the licensee may have his license reinstated upon filing an application for renewal within 90 days after the date of suspension and paying, in addition to the fee for renewal, a fee for reinstatement fixed by the board, if he is otherwise in good standing and there are no complaints pending against him. If he is otherwise not in good standing or there is a complaint pending, the board shall require him to provide a current financial statement prepared by an independent certified public accountant or establish other conditions for reinstatement. If the licensee is a natural person, his application for renewal must be accompanied by the statement required pursuant to NRS 624.268. A license which is not reinstated within 90 days after it is automatically suspended may be canceled by the board, and a new license may be issued only upon application for an original contractor’s license.

Sec. 12. Section 19 of Assembly Bill No. 636 of this session is hereby amended to read as follows:

Sec. 19. NRS 624.300 is hereby amended to read as follows:

624.300 1. Except as otherwise provided in subsection 4, the board may:

(a) Suspend or revoke licenses already issued;

(b) Refuse renewals of licenses;

(d) Impose an administrative fine of not more than $10,000;

(e) Order a licensee to repay to the account established pursuant to section 9 of this act, any amount paid out of the account pursuant to section 13 of this act as a result of an act or omission of that licensee;

(f) Order the licensee to take action to correct a condition resulting from an act which constitutes a cause for disciplinary action, at the licensee’s cost, that may consist of requiring the licensee to:

(1) Perform the corrective work himself;

(2) Hire and pay another licensee to perform the corrective work; or

(3) Pay to the owner of the construction project a specified sum to correct the condition; or

[(f)] (g) Reprimand or take other less severe disciplinary action, including, without limitation, increasing the amount of the surety bond or cash deposit of the licensee,

if the licensee commits any act which constitutes a cause for disciplinary action.

2. The board may, in addition to any other conditions for reinstating or renewing the license, require the licensee to file with the board a bond in an amount fixed by the board based on the nature of the violation. The bond is in addition to, may not be combined with, and does not replace any other bond required pursuant to the provisions of this chapter. The contractor shall maintain the bond for at least 2 years, or for a longer period, as determined by the board.

3. If the board suspends or revokes the license of a contractor for failure to establish financial responsibility, the board may, in addition to any other conditions for reinstating or renewing the license, require that each contract undertaken by the licensee for a period to be designated by the board, not to exceed 12 months, be separately covered by a bond or bonds approved by the board and conditioned upon the performance of and the payment of labor and materials required by the contract.

4. If a licensee violates the provisions of NRS 624.3014 or subsection 3 of NRS 624.3015, the board may impose an administrative fine of not more than $20,000.

5. If a licensee commits a fraudulent act which is a cause for disciplinary action under NRS 624.3016, the correction of any condition resulting from the act does not preclude the board from taking disciplinary action.

6. If the board finds that a licensee has engaged in repeated acts that would be cause for disciplinary action, the correction of any resulting conditions does not preclude the board from taking disciplinary action pursuant to this section.

7. The expiration of a license by operation of law or by order or decision of the board or a court, or the voluntary surrender of a license by a licensee, does not deprive the board of jurisdiction to proceed with any investigation of, or action or disciplinary proceeding against, the licensee or to render a decision suspending or revoking the license.

8. If discipline is imposed pursuant to this section, including any discipline imposed pursuant to a stipulated settlement, the costs of the proceeding, including investigative costs and attorney’s fees, may be recovered by the board.”.

Amend sec. 15, page 9, by deleting lines 32 through 34 and inserting:

“Sec. 14. 1. This section, sections 1, 2, 3, 6, 7, 8, 10 and 13 of this act become effective on October 1, 1999.

2. Sections 4, 5, 11 and 12 of this act become effective at 12:02 a.m. on October 1, 1999.

3. Section 9 of this act becomes effective on July 1, 2000.”.

Amend the title of the bill by deleting the fourth through seventh lines and inserting: “lengthening the time that a contractor must be licensed”.

Amend the bill as a whole by adding the following assemblyman as a primary joint sponsor:

Assemblyman Lee.

Randolph j. Townsend John J. Lee

Ann O’Connell David D. Goldwater

Raymond C. Shaffer David E. Humke

Senate Conference Committee Assembly Conference Committee

Senator Townsend moved that the Senate adopt the report of the second Conference Committee concerning Senate Bill No. 423.

Remarks by Senator Townsend.

Motion carried.

INTRODUCTION, FIRST READING AND REFERENCE

Assembly Bill No. 703.

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

Motion carried.

GENERAL FILE AND THIRD READING

Senate Bill No. 560.

Bill read third time.

Remarks by Senator Raggio.

Roll call on Senate Bill No. 560:

Yeas—21.

Nays—None.

Senate Bill No. 560 having received a constitutional majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 348.

Bill read third time.

Roll call on Assembly Bill No. 348:

Yeas—21.

Nays—None.

Assembly Bill No. 348 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

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

Motion carried.

Senate in recess at 6:27 p.m.

SENATE IN SESSION

At 6:48 p.m.

President Hunt presiding.

Quorum present.

REPORTS OF COMMITTEES

Madam President:

Your Committee on Finance, to which was referred Assembly Bills Nos. 702, 703, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

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

William J. Raggio, Chairman

MOTIONS, RESOLUTIONS AND NOTICES

Senator Raggio moved that Senate Bill No. 496 be taken from the Secretary's desk and placed on General File.

Remarks by Senator Raggio.

Motion carried.

GENERAL FILE AND THIRD READING

Assembly Bill No. 702.

Bill read third time.

Roll call on Assembly Bill No. 702:

Yeas—21.

Nays—None.

Assembly Bill No. 702 having received a constitutional majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

Senate Bill No. 370.

Bill read third time.

The following amendment was proposed by the Committee on Finance:

Amendment No. 1231.

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

“1. The director shall include in the state plan for Medicaid a requirement that any senior citizen who purchases and receives benefits for at least 3 years pursuant to a policy of health insurance for long-term care that is approved by the director and whose annual household income is less than $200,000 is eligible for Medicaid for long-term care.”.

Amend section 1, page 2 by deleting line 7.

Amend section 1, page 2, line 8, by deleting “(c)” and inserting “(b)”.

Amend sec. 2, page 2, line 12, by deleting “administrator” and inserting “director”.

Amend the bill as a whole by deleting sections 3 through 34, renumbering sec. 35 as sec. 4. and adding a new section designated sec. 3, following sec. 2, to read as follows:

“Sec. 3. Section 89 of chapter 550, Statutes of Nevada 1997, at page 2664, as last amended by section 74 of Senate Bill No. 453 of this session is hereby amended to read as follows:

Sec. 89. 1. This section and sections 2 to [14.1,] 13, inclusive, 14.1, 14.3 to 29, inclusive, 32 [to 43, inclusive,] 34, 35, 37, 38, 39, 41, 42, 43, 45, 47, [49] 51 to 54, inclusive, 56, 57, 59, 63, [64, 67 to 71, inclusive, and] 67, 68, 70, 71, 74 to 80.4, inclusive, 80.7 and 81 to 88, inclusive, of this act become effective on July 1, 1997.

2. Sections 1, [30, 30.5,] 14, 33, 36, 40, 44, 46, [48, 54.5,] 49, 50, 58, 60, [61,] 62, 64, 65, 66, 69, [72 and] 73 , 80.5 and 80.6 of this act become effective at 12:01 a.m. on July 1, 1997.

3. Sections [31 and 55] 30, 30.5, 48, 54.5, 61 and 72 of this act become effective at 12:02 a.m. on July 1, 1997.

4. Sections 31 and 55 of this act become effective at 12:03 a.m. on July 1, 1997.

5. Section 14.2 of this act becomes effective on July 1, 1998.

[5.] 6. Sections 1 to 14.4, inclusive, 15 to 30, inclusive, 31 to 54, inclusive, 55 to 80.3, inclusive, 80.5, 80.7 and 84 of this act, and subsection 1 of section 81 of this act, expires by limitation on June 30, 1999.”.

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

Amend the summary of the bill to read as follows:

“SUMMARY—Provides that senior citizens are eligible for Medicaid upon purchasing and receiving benefits from certain policies of insurance for long-term care. (BDR 38‑1496)”.

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. 703.

Bill read third time.

Remarks by Senators Raggio and Neal.

Roll call on Assembly Bill No. 703:

Yeas—21.

Nays—None.

Assembly Bill No. 703 having received a constitutional majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

Senate Bill No. 496.

Bill read third time.

The following amendment was proposed by the Committee on Finance:

Amendment No. 1227.

Amend the bill as a whole by deleting sections 1 through 17 and adding new sections designated sections 1 through 10, following the enacting clause, to read as follows:

“Section 1. Chapter 396 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9, inclusive, of this act.

Sec. 2. 1. The legislature hereby declares that its priorities in expending the proceeds to the State of Nevada from settlement agreements with and civil actions against manufacturers of tobacco products are:

(a) To increase the number of Nevada students who attend and graduate from Nevada institutions of higher education; and

(b) To assist Nevada residents in obtaining and maintaining good health.

2. To further these priorities, the legislature hereby declares that it is in the best interest of the residents of the State of Nevada that all money received by the State of Nevada pursuant to any settlement entered into by the State of Nevada and a manufacturer of tobacco products and all money recovered by the State of Nevada from a judgment in a civil action against a manufacturer of tobacco products be dedicated solely toward the achievement of the following goals:

(a) Increasing the number of residents of the State of Nevada who enroll in and attend a university or community college of the University and Community College System of Nevada;

(b) Reducing and preventing the use of tobacco products, alcohol and illegal drugs, especially by children;

(c) Expanding the availability of health insurance and health care for children and adults in this state, especially for children and for adults with disabilities;

(d) Assisting senior citizens who have modest incomes in purchasing prescription drugs and assisting those senior citizens in meeting their needs related to health care, home care, respite care and their ability to live independent of institutional care; and

(e) Promoting the general health of all residents of the State of Nevada.

Sec. 3. As used in sections 3 to 9, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 4 and 5 of this act have the meanings ascribed to them in those sections.

Sec. 4. “Millennium scholarship” means a scholarship that is awarded from the trust fund to a student.

Sec. 5. “Trust fund” means the millennium scholarship trust fund created pursuant to section 6 of this act.

Sec. 6. 1. The millennium scholarship trust fund is hereby created in the state treasury. The state treasurer may accept gifts, grants, bequests and donations for deposit in the trust fund.

2. The state treasurer shall deposit in the trust fund:

(a) Forty percent of all money received by the State of Nevada pursuant to any settlement entered into by the State of Nevada and a manufacturer of tobacco products;

(b) Forty percent of all money recovered by the State of Nevada from a judgment in a civil action against a manufacturer of tobacco products; and

(c) Any gifts, grants, bequests or donations specifically designated for the trust fund by the donor.

3. The state treasurer shall administer the trust fund. As administrator of the trust fund, the state treasurer:

(a) Shall maintain the financial records of the trust fund;

(b) Shall invest the money in the trust fund as the money in other state funds is invested;

(d) Shall maintain any instruments that evidence investments made with the money in the trust fund;

(e) May contract with vendors for any good or service that is necessary to carry out the provisions of this section; and

(f) May perform any other duties necessary to administer the trust fund.

4. All interest and income earned on the money in the trust fund must, after deducting any applicable charges, be credited to the trust fund. All claims against the trust fund must be paid as other claims against the state are paid.

5. Not more than 2 percent of the amount of money in the trust fund may be used to pay the costs of administering the trust fund.

6. The money in the fund remains in the fund and does not revert to the state general fund at the end of any fiscal year.

7. Money in the trust fund may be used only for the purposes set forth in sections 3 to 8, inclusive, of this act.

Sec. 7. 1. Except as otherwise provided in subsections 2 and 3, a student may apply to the board of regents for a millennium scholarship if he:

(a) Has been a resident of this state for at least 2 years before he applies for the scholarship;

(b) Graduated from a public or private high school in this state:

(1) After May 1, 2000; and

(2) Not more than 8 years before he applies for the scholarship;

(c) Maintained at least a 3.0 grade-point average on a 4.0 grading scale in high school in the core curriculum, as determined by the board of regents pursuant to subsection 2; and

(d) Is enrolled in at least 12 semester credit hours in a university or at least 6 semester credit hours in a community college.

2. The board of regents shall:

(a) Define the core curriculum that a student must complete in high school to be eligible for a millennium scholarship.

(b) Develop a plan to ensure that needy students and students from families that otherwise could not afford to send their children to college receive millenium scholarships.

3. For students who did not graduate from a public or private high school in this state and who have been residents of this state for at least 2 years, the board of regents shall establish:

(a) The minimum score on a standardized test that such students must receive; or

(b) Other criteria that students must meet,

to be eligible for millennium scholarships.

4. In awarding scholarships, the board of regents shall enhance its outreach to students who:

(a) Are pursuing a career in education or health care;

(b) Come from families who lack sufficient financial resources to pay for the costs of sending their children to a university or community college; or

(c) Substantially participated in an anti-smoking, anti-drug or anti-alcohol program during high school.

Sec. 8. 1. Within the limits of money available in the trust fund, a student who is eligible for a millennium scholarship is entitled to receive:

(a) If he is enrolled in a community college, $40 per credit for which the student is enrolled, or the amount of money that is necessary for the student to pay the costs of attending the community college that are not otherwise satisfied by other grants or scholarships, whichever is less.

(b) If he is enrolled in a university, $80 per credit for which the student is enrolled, or the amount of money that is necessary for the student to pay the costs of attending the university that are not otherwise satisfied by other grants or scholarships, whichever is less.

No student may be awarded a scholarship for a total amount in excess of $10,000.

2. A student who receives a millennium scholarship shall:

(a) Make satisfactory academic progress toward a recognized degree or certificate, as determined by the board of regents pursuant to subsection 6; and

(b) Maintain at least a 2.0 grade-point average on a 4.0 grading scale.

3. A millennium scholarship must be used only:

(a) For the payment of registration fees and laboratory fees and expenses;

(b) To purchase required textbooks and course materials; and

(c) For other costs related to the attendance of the student at the university or community college.

4. Except as otherwise provided in this subsection, if a student drops out of school or fails to maintain at least a 2.0 grade-point average in any semester, the student shall repay the millennium scholarship before the student is eligible to receive an additional millennium scholarship or otherwise receive money pursuant to sections 3 to 8, inclusive, of this act. The board of regents shall establish criteria for a waiver from the repayment required by this subsection, including, without limitation, service in the military and conditions of hardship such as medical necessity.

5. The board of regents shall certify a list of eligible students to the state treasurer. The state treasurer shall disburse a millennium scholarship for each semester on behalf of an eligible student directly to the community college or university in which the student is enrolled, upon certification from the community college or university of the number of credits for which the student is enrolled, which must meet or exceed the minimum number of credits required for eligibility and certification that the student is in good standing and making satisfactory academic progress toward a recognized degree or certificate, as determined by the board of regents pursuant to subsection 6. The scholarship must be administered by the community college or university as other similar scholarships are administered and may be used only for the expenditures authorized pursuant to subsection 3.

6. The board of regents shall establish criteria for determining whether a student is making satisfactory academic progress toward a recognized degree or certificate for purposes of subsection 5.

Sec. 9. The board of regents shall develop a plan to direct a significant portion of other available financial aid to culturally disadvantaged or at-risk students, and students who graduated from high school before May 1, 2000, who wish to attend college and have the potential to be successful, but who do not otherwise meet the eligibility requirements for millennium scholarships.

Sec. 10. On or before February 1, 2003, the board of regents of the University of Nevada shall submit a report to the director of the legislative counsel bureau for transmittal to the 72nd session of the Nevada legislature that includes:

1. An examination of the projected enrollment of students in the University and Community College System of Nevada who will be eligible for millennium scholarships;

2. An actuarial study to determine the approximate costs of continuing the millennium scholarship program; and

3. A report setting forth any enhanced outreach efforts carried out pursuant to subsection 4 of section 7 of this act.”.

Amend the title of the bill to read as follows:

“AN ACT relating to education; creating the millennium scholarship trust fund; providing for the award of millennium scholarships by the board of regents of the University of Nevada; prescribing the conditions of eligibility for students to receive millennium scholarships; and providing other matters properly relating thereto.”.

Senator Raggio moved the adoption of the amendment.

Remarks by Senators Raggio and Titus.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, May 31, 1999

To the Honorable the Senate:

I have the honor to inform your honorable body that the Assembly on this day adopted the report of the first Conference Committee concerning Senate Bill No. 478 and appointed Assemblymen Perkins, Leslie and Tiffany as a second Conference Committee to meet with a like committee of the Senate for further consideration of Senate Bill No. 478.

Susan Furlong Reil

Assistant Chief Clerk of the Assembly

SECOND READING AND AMENDMENT

Assembly Bill No. 521.

Bill read second time.

The following amendment was proposed by the Committee on Finance:

Amendment No. 1229.

Amend the bill as a whole by deleting sections 1 through 17 and adding new sections designated sections 1 through 12, following the enacting clause, to read as follows:

“Section 1. Chapter 392 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.

Sec. 2. As used in sections 2 to 8, inclusive, of this act, unless the context otherwise requires, “principal” means the principal of a school or his designee.

Sec. 3. The principal of each public school shall establish a plan to provide for the progressive discipline of pupils and on-site review of disciplinary decisions. The plan must:

1. Be developed with the input and participation of teachers and parents of pupils who are enrolled in the school.

2. Be consistent with the written rules of behavior prescribed in accordance with NRS 392.463.

3. Include, without limitation, provisions designed to address the specific disciplinary needs and concerns of the school.

4. Provide for the temporary removal of a pupil from a classroom in accordance with section 4 of this act.

Sec. 4. 1. The plan established pursuant to section 3 of this act must provide for the temporary removal of a pupil from a classroom if, in the judgment of the teacher, the pupil has engaged in behavior that seriously interferes with the ability of the teacher to teach the other pupils in the classroom and with the ability of the other pupils to learn. The plan must provide that, upon the removal of a pupil from a classroom pursuant to this section, the principal of the school shall provide an explanation of the reason for the removal of the pupil to the pupil and offer the pupil an opportunity to respond to the explanation. Within 24 hours after the removal of a pupil pursuant to this section, the principal of the school shall notify the parent or legal guardian of the pupil of the removal.

2. Except as otherwise provided in subsection 3, a pupil who is removed from a classroom pursuant to this section must be assigned to a temporary alternative placement pursuant to which the pupil:

(a) Is separated, to the extent practicable, from pupils who are not assigned to a temporary alternative placement;

(b) Studies under the supervision of appropriate personnel of the school district; and

3. The principal shall not assign a pupil to a temporary alternative placement if the suspension or expulsion of a pupil who is removed from the classroom pursuant to this section is:

(a) Required by NRS 392.466; or

(b) Authorized by NRS 392.467 and the principal decides to proceed in accordance with that section.

If the principal proceeds in accordance with NRS 392.466 or 392.467, the pupil must be removed from school in accordance with those sections and the provisions of sections 2 to 8, inclusive, of this act do not apply to the pupil.

Sec. 5. 1. Except as otherwise provided in this section, not later than 3 school days after a pupil is removed from a classroom pursuant to section 4 of this act, a conference must be held with:

(a) The pupil;

(b) A parent or legal guardian of the pupil;

(d) The teacher who removed the pupil.

The principal shall give an oral or written notice of the conference, as appropriate, to each person who is required to participate.

2. After receipt of the notice required pursuant to subsection 1, the parent or legal guardian of the pupil may, not later than 3 school days after the removal of the pupil, request that the date of the conference be postponed. The principal shall accommodate such a request. If the date of the conference is postponed pursuant to this subsection, the principal shall send written notice to the parent or legal guardian confirming that the conference has been postponed at the request of the parent or legal guardian.

3. If a parent or legal guardian of a pupil refuses to attend a conference, the principal of the school shall send a written notice to the parent or legal guardian confirming that the parent or legal guardian has waived the right to a conference provided by this section and authorized the principal to recommend the placement of the pupil pursuant to subsection 6.

4. Except as otherwise provided in this subsection, a pupil must not return to the classroom from which he was removed before the conference is held. If the conference is not held within 3 school days after the removal of the pupil, the pupil must be allowed to return to the classroom unless:

(a) The parent or legal guardian of the pupil refuses to attend the conference;

(b) The failure to hold a conference is attributed to the action or inaction of the pupil or the parent or legal guardian of the pupil; or

5. During the conference, the teacher who removed the pupil from the classroom or the principal shall provide the pupil and his parent or legal guardian with an explanation of the reason for the removal of the pupil from the classroom. The pupil and his parent or legal guardian must be granted an opportunity to respond to the explanation of the pupil’s behavior and to indicate whether the removal of the pupil from the classroom was appropriate in their opinion based upon the behavior of the pupil.

6. Upon conclusion of the conference or, if a conference is not held pursuant to subsection 3 not later than 3 school days after the removal of a pupil from a classroom, the principal shall recommend whether to return the pupil to the classroom or continue the temporary alternative placement of the pupil.

Sec. 6. 1. The principal of each public school shall establish at least one committee to review the temporary alternative placement of pupils. A committee established pursuant to this section must consist of the principal and two regular members who are teachers selected for membership by a majority of the teachers who are employed at the school. One additional teacher must be selected in the same manner to serve as an alternate member.

2. If a pupil is removed from the classroom pursuant to section 4 of this act by a teacher who is a member of a committee established pursuant to this section, the teacher shall not participate in the review of the placement of the pupil and the alternate member shall serve on the committee for that review.

Sec. 7. If, in accordance with subsection 6 of section 5 of this act, the principal recommends that a pupil be returned to the classroom from which he was removed and the teacher who removed the pupil does not agree with the recommendation, the principal shall continue the temporary alternative placement of the pupil and shall immediately convene a meeting of the committee created pursuant to section 6 of this act. The principal shall inform the parent or legal guardian of the pupil that the committee will be conducting a meeting. The committee shall review the circumstances of the pupil’s removal from the classroom and the pupil’s behavior that caused him to be removed from the classroom. Based upon its review, the committee shall assess the best placement available for the pupil and shall, without limitation:

1. Direct that the pupil be returned to the classroom from which he was removed;

2. Assign the pupil to another appropriate classroom;

3. Assign the pupil to an alternative program of education, if available;

4. Recommend the suspension or expulsion of the pupil in accordance with NRS 392.467; or

5. Take any other appropriate disciplinary action against the pupil that the committee deems necessary.

Sec. 8. An action must not be taken pursuant to the provisions of sections 2 to 8, inclusive, of this act against a pupil with a disability who is participating in a program of special education pursuant to NRS 388.440 to 388.520, inclusive, unless the action complies with:

1. The Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq.;

2. The Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq.;

3. Title V of the Rehabilitation Act of 1973, 29 U.S.C. §§ 791 et seq.;

4. Any other federal law applicable to children with disabilities; and

5. The procedural policy adopted by the board of trustees of the school district for such matters.

Sec. 9. 1. The superintendent of public instruction shall establish a pilot project for alternative programs of education for disruptive pupils.

2. The superintendent of public instruction shall select eight schools to participate in the pilot project, which must include:

(a) One elementary school located in a rural area;

(b) One secondary school located in a rural area;

(d) Two middle schools located in an urban area; and

(e) Two high schools located in an urban area.

3. Each school selected pursuant to subsection 2 shall establish an alternative program of education for disruptive pupils, which may be located on the grounds of the school or at another location. The alternative program must:

(a) Be provided in a setting outside the regular classroom of the pupil;

(b) Ensure that pupils who are participating in the program are separated from pupils who are not participating in the program;

(d) Provide and emphasize instruction in language arts, mathematics, science and history, as appropriate to the grade level of the pupils participating in the program; and

(e) Provide and emphasize training in self-discipline.

Sec. 10. 1. There is hereby appropriated from the state general fund to the department of education for the pilot project established pursuant to section 9 of this act:

For the fiscal year 1999-2000................................................................ $500,000

For the fiscal year 2000-2001 ............................................................... $500,000

2. The department shall allocate the money appropriated pursuant to subsection 1 to the schools selected pursuant to section 9 of this act.

3. The money allocated to the schools selected pursuant to section 9 of this act must not be used by those schools to:

(a) Settle or arbitrate disputes or negotiate settlements between an organization that represents licensed employees of the school district and the school district; or

(b) Adjust the schedules of salaries and benefits of the employees of the school district.

4. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years and reverts to the state general fund as soon all payments of money committed have been made.

Sec. 11. 1. On or before October 1, 2000, the schools selected pursuant to section 9 of this act shall report to the department of education for the period ending September 1, 2000:

(a) The manner in which the alternative program that the school established pursuant to section 9 of this act was carried out;

(b) The expenditures made by the school for the alternative program;

(c) The number of pupils who were removed temporarily from the classroom pursuant to section 4 of this act and the number of those pupils who were permanently removed from the classroom;

(d) The reasons for which pupils were removed from the classroom pursuant to section 4 of this act;

(e) The average length of time during which pupils who were removed from the classroom pursuant to section 4 of this act remained out of the classroom;

(f) The number of disciplinary referrals, suspensions and expulsions that occurred at the school before and after the establishment of the alternative program; and

(g) An analysis of the academic achievement and performance of the pupils before and after the pupils participated in the alternative program.

2. The department of education shall evaluate the effectiveness of the pilot project for alternative programs of education for disruptive pupils established pursuant to section 9 of this act based on the reports submitted by the schools pursuant to subsection 1. In addition, the department shall solicit and analyze data from schools that were not included in the pilot project but have established alternative programs of education for disruptive pupils. The department may spend not more than $10,000 of the amount appropriated pursuant to section 10 of this act during the fiscal years 1999-2001 to hire a contractor to assist with the evaluation.

3. After conducting an evaluation pursuant to subsection 2, the department of education shall submit a report of its findings to the legislative committee on education created pursuant to NRS 218.5352 on or before November 1, 2000, and shall submit a final report to the director of the legislative counsel bureau for transmission to the next regular session of the legislature on or before February 15, 2001.

Sec. 12. 1. This section and section 10 of this act become effective upon passage and approval.

2. Sections 1 to 9, inclusive, and 11 of this act become effective on July 1, 1999.”.

Amend the title of the bill by deleting the second line and inserting: “requiring the superintendent of public instruction to establish a pilot project for alternative programs of education for disruptive pupils; requiring certain selected schools to participate in the pilot project and establish alternative programs of education for disruptive pupils; making an appropriation; and providing other matters properly relating thereto.”.

Senator Rawson moved the adoption of the amendment.

Remarks by Senator Rawson.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

UNFINISHED BUSINESS

Reports of Conference Committees

Madam President:

The first Conference Committee concerning Senate Bill No. 417, consisting of the undersigned members, has met, and reports that:

It has agreed to recommend that the amendment of the Assembly be concurred in.

It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA33, which is attached to and hereby made a part of this report.

Conference Amendment.

Amend sec. 5, page 2, by deleting lines 25 and 26 and inserting:

“(d) Two representatives of private carriers; and”.

Amend sec. 5, page 2, line 27, by deleting “(f)” and inserting “(e)”.

Amend sec. 5, page 2, line 33, by deleting “four” and inserting “three”.

Amend sec. 5, page 2, line 38, after “1;” by inserting “and”.

Amend sec. 5, page 2, by deleting lines 39 through 42 and inserting:

“(c) The two representatives of private carriers appointed pursuant to paragraph (d) of subsection 1.”.

Amend sec. 5, page 3, line 11, by deleting: “(d), (e) or (f)” and inserting: “(d) or (e)”.

Amend sec. 13, page 4, by deleting lines 34 and 35 and inserting: “section, the term “proprietary information” means any information which, if disclosed to the general public, may result in a competitive disadvantage to an insurer or employer, including, without limitation:

1. Rules, criteria and standards for underwriting policies that are applied by an insurer.

2. Plans or other documents concerning the marketing or strategic planning of an insurer or employer.

3. Data, studies and reports concerning the development of new products or services.

4. Data that identify the share of the market of an insurer within each class of risk.”.

Amend sec. 14, page 4, lines 40 and 41, by deleting: “(d), (e) or (f)” and inserting: “(d) or (e)”.

Amend sec. 22, page 7, by deleting line 35 and inserting: “section 5 of this act and one of the members described in paragraph (d) of subsection 1 of section 5 of this act to terms that expire on June 30, 2000.”.

Amend sec. 22, page 7, by deleting lines 37 and 38 and inserting: “section 5 of this act and one of the members described in paragraph (d) of subsection 1 of section 5 of this act and the members described in paragraphs (a), (b) and (e) of subsection 1 of section 5 of this act to terms that expire on”.

Amend sec. 23, pages 7 and 8, by deleting lines 40 and 41 on page 7 and lines 1 and 2 on page 8, and inserting:

“Sec. 23. 1. This section and sections 1 to 18, inclusive, 20 and 22 of this act become effective upon passage and approval and expire by limitation on July 1, 2001.

2. Sections 20.2, 20.4 and 21 of this act become effective at 12:01 a.m. on July 1, 1999, and expire by limitation on July 1, 2001.”.

Dean A. Rhoads Chris Giunchigliani

Mark Amodei David E. Goldwater

Raymond C. Shaffer Bob Beers

Senate Conference Committee Assembly Conference Committee

Senator Rhoads moved that the Senate adopt the report of the first Conference Committee concerning Senate Bill No. 417.

Remarks by Senator Rhoads.

Motion carried.

Madam President:

The second Conference Committee concerning Senate Bill No. 478, consisting of the undersigned members, has met, and reports that:

It has agreed to recommend that the amendment of the Assembly be concurred in.

It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA41, which is attached to and hereby made a part of this report.

Conference Amendment.

Amend the bill as a whole by adding a new section designated sec. 5.5, following sec. 5, to read as follows:

“Sec. 5.5. 1. The commission shall appoint, within the limits of legislative appropriation, a commission counsel who shall perform the duties set forth in this chapter and such other duties as may be prescribed by the commission.

2. The commission counsel must be an attorney who is licensed to practice law in this state.

3. The commission counsel is in the unclassified service of the state.

4. The commission counsel shall devote his entire time and attention to the business of the commission and shall not pursue any other business or occupation or hold any other office of profit that detracts from the full and timely performance of his duties.

5. The commission counsel may not:

(a) Be actively involved in the work of any political party or political campaign; or

(b) Communicate directly or indirectly with a member of the legislative branch on behalf of someone other than himself to influence legislative action, except in pursuit of the business of the commission.”.

Amend sec. 6, page 2, line 31, by deleting “281.511.” and inserting: “281.511, 294A.345 or 294A.346.”.

Amend sec. 11, page 5, lines 23 and 24, by deleting: “[~~294A.345 or 294A.346,]~~” and inserting: “294A.345 or 294A.346,”.

Amend sec. 12, page 5, lines 41 and 42, by deleting: “of [:

~~(a) This]~~ this” and inserting: “of:

(a) This”.

Amend sec. 12, page 6, line 1, by deleting “[~~(1)]~~ (a)” and inserting “(1)”.

Amend sec. 12, page 6, by deleting lines 3 through 8 and inserting:

“(2) [~~A determination of the]~~ The commission on its own motion . [ that there is just and sufficient cause to render an opinion concerning the conduct of that public officer or employee or former public officer or employee.]

(b) NRS 294A.345 or 294A.346 in any proceeding commenced by the filing of a request for an opinion pursuant thereto.”.

Amend sec. 12, page 6, line 9, by deleting: “[~~of paragraph (a)]~~” and inserting: “of paragraph (a)”.

Amend sec. 14, page 8, by deleting lines 10 and 11 and inserting:

“[~~4.]~~ 6. Except as otherwise provided in this subsection, upon such a petition, the court shall enter an order directing the”.

Amend sec. 14, page 8, by deleting lines 15 through 20 and inserting: “produced the books or papers before the commission. If the witness has been subpoenaed by the commission in response to a request for an opinion filed pursuant to NRS 294A.345 or 294A.346, the court shall direct the witness to appear before the court as expeditiously as possible to allow the commission to render its opinion within the time required by NRS 281.477. A certified copy of the order must be served upon the witness.”.

Amend the bill as a whole by adding a new section designated sec. 14.2, following sec. 14, to read as follows:

“Sec. 14.2. NRS 281.477 is hereby amended to read as follows:

281.477 1. If a request for an opinion is filed with the commission pursuant to NRS 294A.345 or 294A.346, the commission shall conduct a public hearing on the request. Except as otherwise provided in subsection 6, the hearing must be held as expeditiously as possible, but not later than 15 days after the receipt of the request for the opinion.

2. Such a request must be accompanied by all evidence and arguments to be offered by the requester concerning the issues related to the request. Except as otherwise provided in this subsection, if such evidence and arguments are not submitted with the request, the commission may:

(a) Draw any conclusions it deems appropriate from the failure of the person or group of persons requesting the opinion to submit the evidence and arguments, other than a conclusion that a person alleged to have violated NRS 294A.345 acted with actual malice; and

(b) Decline to render an opinion.

The provisions of this subsection do not prohibit the commission from considering evidence or arguments presented by the requester after submission of the request for an opinion if the commission determines that consideration of such evidence or arguments is in the interest of justice.

3. The commission shall immediately notify any person alleged to have violated NRS 294A.345 or 294A.346 that such an opinion has been requested by the most expedient means possible. If notice is given orally by telephone or in any other manner, a second notice must be given in writing no later than the next calendar day by facsimile machine or overnight mail. The notice must include the time and place of the commission’s hearing on the matter.

4. A person notified pursuant to subsection 3 shall submit a response to the commission no later than at the close of business on the second business day following the receipt of the notice. The response must be accompanied by any evidence concerning the issues related to the request that the person has in his possession or may obtain without undue financial hardship. Except as otherwise provided in this subsection, if such evidence is not submitted within that time, the commission may:

(a) Draw any conclusions it deems appropriate from the failure of that person to submit the evidence and argument; and

(b) Prohibit that person from responding and presenting evidence at the hearing.

The provisions of this subsection do not prohibit the commission from allowing that person to respond and present evidence or arguments, or both, after the close of business on the second business day if the commission determines that consideration of such evidence or arguments is in the interest of justice.

5. Except as otherwise provided in subsection 4, the commission shall allow any person alleged to have violated NRS 294A.345 or 294A.346 to:

(a) Be represented by counsel; and

(b) Hear the evidence presented to the commission and respond and present evidence on his own behalf.

6. At the request of:

(a) The person or group of persons that filed the request for the opinion pursuant to NRS 294A.345 or 294A.346; or

(b) The person alleged to have violated the provisions of NRS 294A.345 or 294A.346,

the commission may grant a continuance of a hearing held pursuant to the provisions of this section upon a showing of the existence of extraordinary circumstances that would prohibit the commission from rendering a fair and impartial opinion. A continuance may be granted for not more than 15 days. Not more than one continuance may be granted by the commission pursuant to this subsection.

7. The person or group of persons that filed the request for the opinion pursuant to NRS 294A.345 or 294A.346 has the burden of proving the elements of the offense, including that a person alleged to have violated NRS 294A.345 acted with actual malice. The existence of actual malice may not be presumed. A final opinion of the commission rendered pursuant to this section must be supported by clear and convincing evidence. In addition to the other requirements for issuing an opinion pursuant to this subsection, the commission shall not render a final opinion determining that a person has violated NRS 294A.345 or 294A.346 unless a finding that each of the elements of the offense has been proven receives the affirmative vote of two-thirds of the commission.

8. The commission shall render its opinion, or decline to render an opinion, as expeditiously as possible, but not later than 3 days after the date of the hearing. If additional time is required to determine the state of mind or the intent of the person alleged to have violated the provisions of NRS 294A.345 or 294A.346 or to determine the amount of any civil penalty that may be imposed pursuant to NRS 281.551, the commission may continue its jurisdiction to investigate those issues but shall render its opinion as to the truth or falsity of the statement made concerning the candidate or the ballot question or its opinion as to whether the person impeded the success of the campaign or induced another person to impede the success of the campaign. If the commission continues its jurisdiction pursuant to this subsection, it may render a final opinion after the time set forth in this subsection.

9. A final opinion of the commission rendered pursuant to this section is subject to judicial review pursuant to NRS 233B.130. The district court shall give a petition for judicial review of a final opinion of the commission priority over other civil matters that are not expressly given priority by law. Notwithstanding the provisions of NRS 233B.130, the court may provide for such expedited review of the final opinion, including shortened periods for filing documents, as it deems appropriate for the circumstances.

10. Each request for an opinion filed pursuant to NRS 294A.345 or 294A.346, each opinion rendered by the commission pursuant thereto and any motion, evidence or record of a hearing relating to the request are public and must be open to inspection pursuant to NRS 239.010.

11. For the purposes of NRS 41.032, the members of the commission and its employees shall be deemed to be exercising or performing a discretionary function or duty when taking any action related to the rendering of an opinion pursuant to this section.

12. Except as otherwise provided in this section, a meeting or hearing held by the commission to carry out the provisions of this section and the commission’s deliberations on the information or evidence are not subject to any provision of chapter 241 of NRS.”.

Amend sec. 15, page 11, after line 41, by inserting:

“7. The provisions of this section do not, under any circumstances:

(a) Prohibit a member of the legislative branch from requesting or introducing a legislative measure; or

(b) Require a member of the legislative branch to take any particular action before or while requesting or introducing a legislative measure.

8. As used in this section, “commitment in a private capacity to the interests of others” means a commitment to a person:

(a) Who is a member of his household;

(b) Who is related to him by blood, adoption or marriage within the third degree of consanguinity or affinity;

(d) With whom he has a substantial and continuing business relationship; or

(e) Any other commitment or relationship that is substantially similar to a commitment or relationship described in this subsection.”.

Amend the bill as a whole by deleting sec. 16.5.

Amend sec. 17, page 16, by deleting lines 30 through 39 and inserting:

“281.531 1. The [~~attorney general]~~ commission counsel is the legal adviser to the commission. For each opinion [~~he]~~ of”.

Amend sec. 18, pages 17 and 18, by deleting lines 37 through 42 on page 17 and lines 1 through 3 on page 18, and inserting:

“4. [Except as otherwise provided in this subsection, and in] In addition to any other penalty provided by law, by an affirmative vote of two-thirds of the commission, the commission may impose on any person who violates any provision of NRS 294A.345 or 294A.346 a civil penalty not to exceed [$10,000. If the commission finds that a violation of NRS 294A.345 or 294A.346 occurred within 10 days before an election, including any recall or special election, the commission may impose on the person who committed such a violation a civil penalty not to exceed $30,000.] $5,000.

5. If the commission finds that [a] :”.

Amend sec. 18, page 18, line 9, by deleting “[~~6.]~~”.

Amend sec. 18, page 18, line 16, by deleting “5.” and inserting “6.”.

Amend sec. 18, page 18, lines 27 and 28, by deleting: “~~employee.~~

~~7.]~~ 6.” and inserting “~~employee.]~~

7.”.

Amend sec. 18, page 18, line 33, by deleting “[~~8.]~~ 7.” and inserting “8.”.

Amend sec. 18, page 18, by deleting lines 36 and 37 and inserting: “officers or employees. If the commission finds that a public officer or employee has”.

Amend sec. 18, page 19, by deleting lines 1 and 2 and inserting:

“9. The imposition of a civil penalty pursuant to subsections 1 to 4, inclusive, is a final decision for the purposes of”.

Amend sec. 18, page 19, line 4, by deleting “[~~10.]~~ 9.” and inserting “10.”.

Amend sec. 18, page 19, line 22, by deleting “10.” and inserting “11.”.

Amend the bill as a whole by deleting sections 22 and 23 and adding new sections designated sections 22 and 23, following sec. 21, to read as follows:

“Sec. 22. NRS 294A.345 is hereby amended to read as follows:

294A.345 1. A person shall not, with actual malice and the intent to impede the success of the campaign of a candidate, cause to be published a false statement of fact concerning the candidate, including, without limitation, statements concerning:

(a) The education or training of the candidate.

(b) The profession or occupation of the candidate.

(c) Whether the candidate committed, was indicted for committing or was convicted of committing a felony or other crime involving moral turpitude, dishonesty or corruption.

(d) Whether the candidate has received treatment for a mental illness.

(e) Whether the candidate was disciplined while serving in the military or was dishonorably discharged from service in the military.

(f) Whether another person endorses or opposes the candidate.

(g) The record of voting of a candidate if he formerly served or currently serves as a public officer.

2. A person shall not, with actual malice and the intent to impede the success of a campaign for the passage or defeat of a question on the ballot at any election, including any recall or special election, cause to be published a false statement of fact concerning the question on the ballot.

3. Any candidate who alleges that a false statement of fact concerning the candidate has been published in violation of subsection 1, and any person or group of persons that advocates the passage or defeat of a question on the ballot at any election, is required to file a report pursuant to NRS 294A.150, and alleges that a false statement of fact has been published in violation of subsection 2, may file a request for an opinion with the commission on ethics pursuant to NRS 281.411 to 281.581, inclusive, and NRS 281.477. Such a request must be filed with the commission not later than 10 days after the date on which the false statement of fact is alleged to have been made. The commission shall give priority to such a request over all other matters pending with the commission.

4. A person who violates the provisions of this section is subject to a civil penalty that may be imposed by the commission on ethics pursuant to NRS 281.551.

5. As used in this section:

(a) “Actual malice” means knowledge of the falsity of a statement or reckless disregard for whether a statement is true or false.

(b) “Publish” means the act of printing, posting, broadcasting, mailing, speaking or otherwise disseminating.

Sec. 23. NRS 294A.346 is hereby amended to read as follows:

294A.346 1. An employee, agent or volunteer of the campaign of a candidate shall not willfully perform any act in the course of his employment, agency or volunteering that impedes the success of that campaign.

2. A person shall not willfully, to impede the success of the campaign of a candidate, offer or give an item of value to:

(a) A person to induce him to obtain a position as an employee, agent or volunteer for that campaign and perform any act in the course of his employment, agency or volunteering to impede the success of that campaign; or

(b) An employee, agent or volunteer for that campaign to induce him to perform any act in the course of his employment, agency or volunteering to impede the success of that campaign.

3. An employee, agent or volunteer of a campaign for the passage or defeat of a question on the ballot at any election, including any recall or special election, shall not willfully perform any act in the course of his employment, agency or volunteering that impedes the success of that campaign.

4. A person shall not willfully, to impede the success of a campaign for the passage or defeat of a question on the ballot at any election, including any recall or special election, offer or give an item of value to:

(b) An employee, agent or volunteer for that campaign to induce him to perform any act in the course of his employment, agency or volunteering to impede the success of that campaign.

5. Any candidate who alleges that a person has violated the provisions of subsection 1 or 2, and any person or group of persons that advocates the passage or defeat of a question on the ballot at any election, is required to file a report pursuant to NRS 294A.150, and alleges that a person has violated the provisions of subsection 3 or 4, may file a request for an opinion with the commission on ethics pursuant to NRS 281.411 to 281.581, inclusive, and 281.477. Such a request must be filed with the commission not later than 10 days after the date of the election with respect to which the alleged violation occurred. The commission shall give priority to such a request over all matters pending with the commission.

6. A person who violates the provisions of this section is subject to a civil penalty that may be imposed by the commission on ethics pursuant to NRS 281.551.”.

Amend the bill as a whole by deleting sec. 25 and the text of repealed sections and renumbering sections 26 and 27 as sections 25 and 26.

Amend sec. 27, page 24, line 7, after “27.” by inserting “1.”.

Amend sec. 27, page 24, after line 8, by inserting:

“2. Section 5.5 of this act expires by limitation on June 30, 2001.”.

Amend the title of the bill by deleting the second through ninth lines and inserting: “director and commission counsel and providing their duties; clarifying the intent of the legislature with respect to the Nevada”.

Randolph J. Townsend Richard D. Perkins

Michael Schneider Sheila Leslie

Raymond D. Rawson Sandra J. Tiffany

Senate Conference Committee Assembly Conference Committee

Senator O’Connell moved that the Senate adopt the report of the second Conference Committee concerning Senate Bill No. 478.

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

Motion carried.

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

Motion carried.

Senate in recess at 7:54 p.m.

SENATE IN SESSION

At 8:37 p.m.

President Hunt presiding.

Quorum present.

GENERAL FILE AND THIRD READING

Senate Bill No. 370.

Bill read third time.

Roll call on Senate Bill No. 370:

Yeas—17.

Nays—Neal.

Not Voting—Coffin, Porter—2.

Excused—Rawson.

Senate Bill No. 370 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Senate Bill No. 496.

Bill read third time.

Roll call on Senate Bill No. 496:

Yeas—20.

Nays—None.

Excused—Rawson.

Senate Bill No. 496 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 521.

Bill read third time.

Roll call on Assembly Bill No. 521:

Yeas—20.

Nays—None.

Excused—Rawson.

Assembly Bill No. 521 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, May 31, 1999

To the Honorable the Senate:

I have the honor to inform your honorable body that the Assembly on this day concurred in the Senate Amendment No. 1228 to Assembly Bill No. 597.

Susan Furlong Reil

Assistant Chief Clerk of the Assembly

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

Motion carried.

Senate in recess at 8:58 p.m.

SENATE IN SESSION

At 11:07 p.m.

President Hunt presiding.

Quorum present.

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, May 31, 1999

To the Honorable the Senate:

I have the honor to inform your honorable body that the Assembly on this day passed Senate Bills Nos. 193, 370, 556, 558, 559, 560.

Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bills Nos. 474, 685.

Also, I have the honor to inform your honorable body that the Assembly on this day concurred in the Senate Amendment Nos. 1209, 1226 to Assembly Bill No. 348.

Also, I have the honor to inform your honorable body that the Assembly on this day concurred in the Senate Amendment No. 1229 to Assembly Bill No. 521.

Also, I have the honor to inform your honorable body that the Assembly on this day adopted the report of the first Conference Committee concerning Senate Bill No. 417.

Also, I have the honor to inform your honorable body that the Assembly on this day adopted the report of the second Conference Committee concerning Senate Bill No. 478.

Susan Furlong Reil

Assistant Chief Clerk of the Assembly

INTRODUCTION, FIRST READING AND REFERENCE

Assembly Bill No. 685.

Bill read first time.

Senator Townsend moved that the bill be given no further consideration.

Motion carried by a division of the house.

REMARKS FROM THE FLOOR

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

As I understood the bill we just killed, Assembly Bill No. 685, it would have brought about $28 million to the State of Nevada. We just killed that bill to keep that money from the State of Nevada. Now, that money will go to Colorado.

INTRODUCTION, FIRST READING AND REFERENCE

Assembly Bill No. 474.

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

Motion carried.

REPORTS OF COMMITTEES

Madam President:

Your Committee on Finance, to which was referred Assembly Bill No. 474, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

William J. Raggio, Chairman

GENERAL FILE AND THIRD READING

Assembly Bill No. 474.

Bill read third time.

Roll call on Assembly Bill No. 474:

Yeas—19.

Nays—None.

Excused—Mathews, Rawson—2.

Assembly Bill No. 474 having received a constitutional majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, May 31, 1999

To the Honorable the Senate:

I have the honor to inform your honorable body that the Assembly on this day passed Senate Bill No. 496.

Susan Furlong Reil

Assistant Chief Clerk of the Assembly

REMARKS FROM THE FLOOR

Senator Raggio requested that the following parody of the song, “MY WAY,” be entered in the Journal.

My Way

(Sheri Asay and Robin Camacho)

And now the end is near, and so we face the close of session.

My friends I’ve made it clear, that you will get no more exemptions.

We’ve digitized TV, and privatized the work comp system.

And more, much more than this, we did it MY WAY.

————

Regrets I’ve had a few, but then again too few to mention

My gavel comes down hard, my caucus offers no dissension.

I’ve won, I’ve had my fun, I’ve strategized not in a shy way,

Oh no, oh no not me, I did it MY WAY.

————

For what is a state, if it has got

No wine import, or Harvey’s dock?

If things get rough, there’s parity—for any type of therapy.

I made the calls, prevented brawls and did it MY WAY.

————

Kenny and I, we’ve partied hard

At the Old Globe, sometimes Glen Eagles.

Sometimes at Adele’s, and sometimes even Mo and Sluggo’s.

To think I used my clout, to rule these halls, not in a shy way.

I’m Bill, they call me Bill, and we’ll do it MY WAY.

————

For what is a man, what has he got? Without my okay then he has naught,

We can spank our kids, the way we please

Bring the lower house to its knees.

The record shows, I’ve dealt the blows, and done it MY WAY.

Yes I am Bill, they call me Bill, and we’ll do it MY WAY.

Senator O’Donnell requested that his remarks and Las Vegas Review-Journal ballot survey be entered in the Journal and also on the legislative web page.

There comes a time when the truth needs to be told. There is a rumor floating around these halls that there will be an article in the newspaper, soon, depicting certain legislators as best and worst. While I have the greatest respect for those who receive accolades from this survey, I question the motives of the journalist who wrote it. The names of the lobbyists who filled out the survey are absent from this article. The readers of this article have no idea where these comments came from, or who made them. In this building you make enemies and make friends. I, for one, did not fill out this survey. Only a few of the lobbyists filled out the survey. Was it because they were disgusted with it?

One of the Ten Commandments is, “Thou shalt not bear false witness against thy neighbor.” The reason it is one of the Ten is because false and gossipy statements pierce the very soul of another. The plain truth is, this kind of journalism sells newspapers, but it is viciously and recklessly designed to hurt a person.

I have been through this once before. And this is not a place to be the most popular. There are hard decisions made in this building, and every one of us makes enemies and makes friends as our votes are counted. The legislature is a place to represent the people who elected you, not to win popularity polls with lobbyists. To take just a handful of responses and to justify them with an article of best and worst is heartbreaking.

During the beginning of the session my secretary, Mary, came to me and said that Ed Vogel, the alleged author of this article, had approached a friend and insinuated that Mary could be a plant, an informant, and that she could get information on me and give it to Mr. Vogel. I have the utmost respect for my secretary, Mary, who is one of the sweetest people in the world. I know that she felt uncomfortable with this because she brought it to my attention.

If this article is like the last one, this kind of journalism is not designed for the truth. I believe it is designed to destroy.

Don’t feel sorry for me. Feel sorry for the people who filled out this survey and the journalist who wrote this article. It is a sad day when people resort to gossip and yellow journalism to malign people and then hide behind anonymity. Would the journalist of this article release the names of the individuals who filled out these responses and their comments? Would the journalist of this article release the names of the individuals who are on the list of lobbyists who were requested to fill out this survey? Probably not. Why would they hide behind this article? Are they the very lobbyists that Mr. Vogel so frequently references as the ones who control the legislative process? How come there were only 52 requests for surveys out of 900 lobbyists? How come only 26 responded out of 900? Is this a statistical sample? I think not. Therefore, the cowardly act of printing gossip masquerading as a news story should be rebuffed. I hope they don’t print this article. If they do, the article will be printed after we have adjourned so we cannot respond.

I know who I am, and I am loved by many, hated by some. I do not know the motives behind this man. I question them.

I would like my remarks along with a copy of the survey to be placed in the Journal for this year and on the Legislative Counsel Bureau Internet web page for two years.

Review-Journal Ballot

Each session the Review-Journal asks people who work at the Legislature to give letter grades to mark the performance of each of the freshmen. You may add any comments you have about the legislators you grade in the space following each of their names.

Last session we also began asking people to identify their choices as the best and worst legislators in each house. Just rank them in order. There is no need for a grade. You also may include comments.

Your responses will be kept strictly confidential. Do not write your name on the ballot. We hope you can turn in ballots by Saturday, May 22. The story will run right at the close of the session. Just hand your ballot to Ed Vogel or Sean Whaley or seal it in the envelope and drop it off in the legislative pressroom.

GRADING FRESHMEN

SENATE

Maggie Carlton-------------------------------------------------------------------------------------

Terry Care------------------------------------------------------------------------------------------

ASSEMBLY

Sharon Angle---------------------------------------------------------------------------------------

Bob Beers-------------------------------------------------------------------------------------------

Greg Brower----------------------------------------------------------------------------------------

Jerry Claborn---------------------------------------------------------------------------------------

Dawn Gibbons--------------------------------------------------------------------------------------

Sheila Leslie----------------------------------------------------------------------------------------

Kathy McClain-------------------------------------------------------------------------------------

Bonnie Parnell-------------------------------------------------------------------------------------

Kelly Thomas--------------------------------------------------------------------------------------

BEST LEGISLATORS

SENATE

ASSEMBLY

WORST LEGISLATORS

SENATE

ASSEMBLY

Remarks by Senators Rawson, James, Neal, Porter and Raggio.

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

Senator Rawson:

Thank you, Madam President. I’m always flooded with different emotions and feelings as we come to the end of a session. Although, individually, we may not be particularly important, this is a very important process. I don’t say that to lend greater stature to us and what we are doing. This process recapitulates every two years the foundation and the formation of our country. We are citizen legislators much as our forefathers were. We risk a good part of our fortune by serving here. We eventually return to the ranks of the citizenry. While we have been here we have tried to do our part to build, strengthen and defend democracy. The work that we care about the most here, by and large, will never be noticed by anyone. If we’re lucky some of it will be significant and for a few there will be some things that really last a significant amount of time and will really make a difference to the State.

Last night during one of the heated meetings, we began to hear the fireworks go off. I went out for a few minutes to watch them. I can’t help but draw a couple of correlations to the event we saw last night. The first is Fort McHenry in Baltimore. I’m kind of a student of United States fortifications. My wife and I will drive several hundred miles out of our way to see one of the famous forts or little recognized forts. I stood on the green at Fort McHenry and tried to picture in my own mind what that battle was really like and about. I have a vivid picture in my mind about what that bombardment was like. In some ways it was like what we saw last night. Last night was for demonstration and was pretty and a nice program. Each of the pretty stars we saw last night was a nice burst of light. In a bombardment, each of those pretty stars becomes a deadly piece of shrapnel. It’s a miracle that people really survived in Fort McHenry. It’s a miracle that the Flag stood. Secondly, it occurs to me that we have young men and women in harms’ way now. Our peace and prosperity seems to be taken for granted. We expect it. On reflection, you can realize how fragile it is. More so than most people recognize. What is pretty and exciting and “everyday” to us can represent something that is very deadly and morose. We have people in the world, even as we speak now, who are seeing those kinds of bomb bursts for real.

I appreciate the diversity of the Senate. I personally gain much from my association with you. Each of you have left some part of your style, your personality, your beliefs—all of that has an effect on me. I appreciate that. I gain from that. I’ve worked hard this session but have tried to be as inconspicuous as possible by the Majority Leader’s side. In all of our presentation of gifts, I don’t know if I’ve expressed well the appreciation I have for the load he carries and for his ability. In all of the fray, sometimes we overlook the fact that we have great leaders among us. There are great men and women in this body. Hopefully, all of us will return next time so that we can work together again. I don’t think so though. There’s always some change. It has been my experience that no two sessions are alike. We might have gotten really good at doing something in this session that we will never see another opportunity to do those kinds of things again. It changes every time. I will be interested in all of you. I hope all of you will come back. If not, we’ll follow each others careers.

Finally, I would like to express to my staff and shared staff that I’m going to miss them very much. They brighten my day and I can’t keep up with all their tricks and jokes. I need that in my life. This has been a good session. I wish all of you well. We don’t have the typical reunions like high school or college classes do, but maybe we’ll see each other at “old-timers’ day.” I appreciate working with you and wish you all the very best as we leave here.

Senator James:

Thank you, Madam President. I was sitting here and was moved to say a couple of words about both my colleagues who have just spoken. I have served in this body with the chairman of Transportation now for four legislative sessions. We have locked horns on a lot of issues. We have fought on things and have joined hands on things. I don’t think any member of this Senate deserves the ranking of worst legislator. That is not fair to say about anybody. I agree with the remarks that the chairman of Transportation made. He pointed out something very good that I hope the press thinks about. The Review-Journal has a poll they do for judges. They pass the survey out to all of the lawyers. It means something to people because they read those rankings when they vote for a judge. If you look at that poll, it has criteria, i.e., how fast do they move their case load, how do they treat witnesses in their court? When an attorney fills out that survey, there is some criteria. A lot of lawyers participate, about 50 percent. To take an elected position which is just as important as a judge and evaluate them with an undisclosed criteria and just a few participants and then print the results as gospel lacks any credibility whatsoever. I rise in support of my colleague who is the chairman of Transportation and hope that the remarks that I have made get out to the public along with the ones that are going to be in this news article.

Secondly, I was thinking about Senator O’Donnell when Senator Rawson got up. I was reading, during one of our incessant breaks, an article in this week’s U.S. New and World Report about emotion and the basis of patriotism in America. I’ve been thinking a lot about patriotism because of the legislation we were working on this session. It said that we always think about the founding fathers as being pragmatists, enlightened individuals. The article said, based upon a book that had been written, that the true heart of American patriotism is not pragmatism. It is heart and emotion. President Clinton has tapped into that sentiment with great political success and in many ways benefiting the country. He has appealed to people’s emotions. That is one of the reasons he has been so popular. Thomas Jefferson said that if we had looked at it pragmatically we would have known we wouldn’t have been able to win the war. Pragmatically, the military and economic superiority of the British was overwhelming. We did win the Revolutionary War from heart. When I was listening to Senator Rawson and listening to his voice break as he talked about the country, fireworks and battles, I see that that heart lives on strongly in the members of this body. I was moved to commend that article to Senator Rawson and every member of the body.

Senator Neal:

Thank you, Madam President. I was listening to Senator O’Donnell and he made the comment that his statement should be put on the Internet. The Journal is the only place where we can have things inserted for the record. I hope we don’t get into the practice of having things inserted on the Internet. Constitutionally, we can only place things into the Journal to be read. The Internet has not become a part of that yet. I can only envision that if we begin to put things on the Internet how that will look in terms of the public’s perception. Of course, if the Journal is on the Internet, people can read it there and not on some other mechanism. I wanted to raise that particular issue.

Having been here as long as my other friend on the other side, you learn to take things with a grain of salt and just keep on going. I can recall sometime in my distant past the gaming industry had certain things with which to measure legislators. They have green, yellow and red dots. The red dots were the worst. I happened to be a red dot. It was because of the positions that I had taken. It didn’t bother me because if you have an understanding as to who you are and you come here with the purpose of taking care of the public’s business then it really doesn’t matter. Criticism goes with the territory here. I can recall in one of my elections, my opponent was saying some very critical things about me. I wanted to sue him. I did my legal research and happened to come upon the case of Sullivan v. The New York Times. It said that if you are a public figure, people can say things about you, and you are just going to have to take it. If you can prove malice with aforethought then, yes, you can do something about it. Malice is a difficult thing to prove. You have to prove intent that in that person’s mind he was trying to harm you in some way. I would say to my colleagues that we come here and perform the public’s business, and we are going to get criticized. I had some guy say something in the Reno Gazette about me the other day that Joe Neal did not get his gaming increase passed so he’s a loser. Can you imagine that? I didn’t get a gaming increase passed so I’m a loser. I had one vote in the committee, and I voted to pass the bill out. But yet, I was a loser. That didn’t bother me because I understand that while we are here, people are going to make comments about you. But as long as you are trying to do the right thing and your district keeps sending you back, who cares. It’s the person who goes to the poll and votes for you that makes the determination as to who you are and what you represent up here. I’ve been coming up here for quite some time. My first election, they didn’t even think I was going to get here. I made it. After I got here, they didn’t think I was going to stay here. After 27 years of carrying the title of State Senator, I’m still here. Now, people are asking me to come back for another term. I have not made that determination yet. I would like to say to those who feel they have been castigated wrongfully, that goes with the territory. That will happen. If it doesn’t happen in the press, it will one day when you are campaigning and your opponent does it. You have to be a little thick skinned in terms of handling these things. I realize the press can say some very, very bad things about you, but that is the process. Who is going to remember it next year what they said about you? The public memory is somewhat short regarding these types of things. We read it, and the public may not be reading it the same way. The public may read it, joke about it and throw the paper into the trash can. Let’s not get torn up about this, about criticism, about what the papers might say because they will say and there is nothing you will be able to do about it. You can’t sue them for saying it. Do the best job you can. Your answer as to who you are and your performance here will be answered at the polls in the next election.

Senator Porter:

Thank you, Madam President. I don’t think my colleague from North Las Vegas is a loser. Certainly, we are asked to do a lot of things as public servants. More importantly, when it comes time for grades, I think everyone deserves an “A” for showing up, an “A” for the sacrifice they make for their families and an “A” for what they are doing for this State. Specifically to my colleague from Las Vegas, we don’t always agree but his creativity this session regarding a new funding source has great merit for the future as well as his ability to work within our network, computer system and his sense of humor. I think the “A” that everyone deserves is a credit to the cooperation this session that I have never seen before. I have been here a short time compared to a few of our colleagues here in the room, but this session we have proved to the State of Nevada that we are capable of working in a bipartisan manner. We were able to address some very serious issues at very serious times as we are entering the next millennium. I have had the chance to rate people, and maybe I’m overly optimistic, but I think everyone deserves an “A.” I’m proud to be a part of this body and look forward to the next session.

Senator Raggio:

Madam President, I think we are up to date at this point. There are a couple of conference reports we will adopt before we recess. I wasn’t prepared to make remarks, but there have been a few things said tonight that certainly deserve some enhancement and comment.

Senator Neal and I have been in this House the longest. Senator Jacobsen has been in this Legislature the longest. We go back so far that no one will ever catch us because in the wisdom of some voters no one will ever serve this long. In my 14 sessions with a few special sessions thrown in, I have great respect for every person that I have served with in this body since 1973. Every session we have some different faces. Some stay longer, do different things and have different interests. All of us represent different constituencies. Every person I have ever served with in this body has been honorable. We have gone through a lot of travail, problems and issues. We’ve argued. Once you’ve argued and something is passed or failed, you go on to the next issue that is the nature of legislation. We still find time in the caucus room or during lunch to kid one another. I think that is good. Honestly, I have respected the Senate, the dignity of the Senate. When we came in as neophytes, we had to learn the process.

There is a tradition in this Senate that is important. I remember Mahlon Brown who was Majority Leader, and I remember Jim Gibson who served as Majority Leader making those kind of comments. One of the pleas of Senator Gibson was: “Don’t ever let outsiders make this Senate something unimportant. It is an important part of government. It’s an important process, and the tradition of this Senate needs to be maintained.” That has guided me. When somebody says something about this body or a member of this body, it is bothersome to me. It’s unfair, and sometimes it is malicious.

To my colleague Senator O’Donnell, you are my friend. You are a good Senator. There is nobody in this current session of the Senate who deserves, from any sector, a designation of being a worst Senator or ineffective. We have three freshmen who came in here and have performed above any freshmen group I have ever seen in the Senate. We’ve got some oldsters here who have carried a heavy load on both sides of the aisle. Senator O’Donnell has been a key person in our effort. He chairs a committee that gets some difficult decisions to handle. If the goal here is to make the lobbyists like you, then you’re wasting your time. If the goal here is to only get reelected, then why bother. A lot of us cast some tough votes, and sometimes they are perceived as though we are trying to please somebody, but I can tell you that I have adopted a policy, philosophy, when I first came here that I didn’t come here to waste my time just to get reelected. Sometimes I think that is what the lobbyists expect. We get taken to task because we may agree with a lobbyist position one way or another. I read these articles, and sometimes a reporter needs to do something exciting in an article to make it interesting to the readers. Often that is at the expense of people who shouldn’t be put in that position. I’m not sure that is a bad designation if it is a vote of lobbyists. It might be a badge of honor. Senator, your constituents might look at it that way. You represent the people in your constituency who voted for you, and so do the rest of us. I would rather please my constituents. If they continue to vote for you, they must be pretty proud of you. I am.

Closing prayer by Senator Washington.

Father, God, we give You the glory and the honor. We thank You for the 120 days that we have had to share, debate and discuss. We thank You for the opportunity to be about Your business and the people’s business. We pray that You would watch over us, keep us and give us the opportunity, once again, to meet together. Bless our families that have stood by us and been patient with us. We thank You for the people that we have lost and our loved ones. We thank You for the Front Desk, Madam President, the Majority Leader and the Minority Leader. We thank You for the other House. We thank You for the staff that has served us. We thank You for the laughs, the joy and the tears that we have shed. It has been a great session, but more than anything else, we pray that we have honored You. This we ask in Your son’s name.

Amen

GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR

On request of Senator McGinness, the privilege of the floor of the Senate Chamber for this day was extended to Dee McGinness, Brett McGinness, Kate Slaboch and Joel Wortman.

MOTIONS, RESOLUTIONS AND NOTICES

Madam President appointed Senators Amodei, James and Care as a committee to wait upon His Excellency, Kenny Guinn, Governor of the State of Nevada, and to inform him that the Senate is ready to adjourn sine die.

Madam President appointed Senators McGinness, Washington and Wiener as a committee to wait upon the Assembly and to inform that honorable body that the Senate is ready to adjourn sine die.

A committee from the Assembly, consisting of Assemblywomen Giunchigliani, Parnell and Cegavske appeared before the bar of the Senate and announced that the Assembly is ready to adjourn sine die.

Senator McGinness reported that his committee had informed the Assembly that the Senate is ready to adjourn sine die.

Senator Amodei reported that his committee had informed the Governor that the Senate is ready to adjourn sine die.

Senator William J. Raggio moved that the 70th Session of the Senate of the Legislature of the State of Nevada adjourn sine die.

Motion carried

Senate adjourned sine die at 11:44 p.m.

Approved: Lorraine T. Hunt

President of the Senate

Attest: Janice L. Thomas

Senate Conference Committee Assembly Conference Committee

Senate Conference Committee Assembly Conference Committee

Senate Conference Committee Assembly Conference Committee

Senate Conference Committee Assembly Conference Committee

Senate Conference Committee Assembly Conference Committee

Senate Conference Committee Assembly Conference Committee

Senate Conference Committee Assembly Conference Committee

Senate Conference Committee Assembly Conference Committee

Senate Conference Committee Assembly Conference Committee

Senate Conference Committee Assembly Conference Committee

Senate Conference Committee Assembly Conference Committee

Senate Conference Committee Assembly Conference Committee

Assistant Chief Clerk of the Assembly

Senate Conference Committee Assembly Conference Committee

Senate Conference Committee Assembly Conference Committee

Senate Conference Committee Assembly Conference Committee

Secretary of the Senate