THE SEVENTY-THIRD DAY

                               

 

Carson City (Wednesday), April 18, 2001

    Assembly called to order at 10:42 a.m.

    Mr. Speaker presiding.

    Roll called.

    All present.

    Prayer by the Chaplain, Reverend Stan Pesis.

    The decisions we face range from addressing housekeeping minutiae to grappling with heartrending judgments of great moment. Our resolves range from redundancy and hair-splitting concerns of barbers to facing the difficulties of foster care and capital punishment. Lord of Heaven and Earth, grant us the patience, wisdom, insight and fortitude to help govern Your people.

Amen.

    Pledge of allegiance to the Flag.

    Assemblywoman Buckley moved that further reading of the Journal be dispensed with, and the Speaker and Chief Clerk be authorized to make the necessary corrections and additions.

    Motion carried.

MOTIONS, RESOLUTIONS AND NOTICES

Notice of Exemption

April 18, 2001

    The Fiscal Analysis Division, pursuant to Joint Standing Rule 14.6, has determined the exemption of: Assembly Bills Nos. 311, 316, 558, 573 and 641.

                                                                                        Mark Stevens

                                                                                   Fiscal Analysis Division

REPORTS OF COMMITTEES

Mr. Speaker:

    Your Committee on Commerce and Labor, to which was referred Assembly Bill No. 279, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Joseph E. Dini, Jr., Chairman

Mr. Speaker:

    Your Committee on Education, to which was referred Assembly Bill No. 221, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended, and re-refer to the Committee on Ways and Means.

    Also, your Committee on Education, to which was referred Assembly Bill No. 297, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended, and re-refer to the Committee on Ways and Means.

Wendell P. Williams, Chairman

Mr. Speaker:

    Your Concurrent Committee on Education, to which was referred Assembly Bill No. 319, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Wendell P. Williams, Chairman

Mr. Speaker:

    Your Committee on Elections, Procedures, and Ethics, to which were referred Assembly Bills Nos. 295, 487, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Chris Giunchigliani, Chairman

Mr. Speaker:

    Your Committee on Government Affairs, to which was referred Assembly Bill No. 59, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

    Also, your Committee on Government Affairs, to which was referred Assembly Bill No. 61, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Douglas A. Bache, Chairman

Mr. Speaker:

    Your Committee on Health and Human Services, to which was referred Assembly Bill No. 336, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Ellen M. Koivisto, Chairman

Mr. Speaker:

    Your Concurrent Committee on Health and Human Services, to which was referred Assembly Bill No. 635, has had the same under consideration, and begs leave to report the same back with the recommendation: Without recommendation.

Ellen M. Koivisto, Chairman

Mr. Speaker:

    Your Committee on Judiciary, to which was referred Assembly Bill No. 220, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

    Also, your Committee on Judiciary, to which was referred Assembly Bill No. 446, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

    Also, your Committee on Judiciary, to which was referred Assembly Bill No. 500, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Bernie Anderson, Chairman

Mr. Speaker:

    Your Concurrent Committee on Judiciary, to which was referred Assembly Bill No. 316, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Bernie Anderson, Chairman

Mr. Speaker:

    Your Committee on Taxation, to which was referred Assembly Bill No. 656, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

David E. Goldwater, Chairman

Mr. Speaker:

    Your Committee on Transportation, to which was referred Assembly Bill No. 476, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Vonne S. Chowning, Chairman

MESSAGES FROM THE Senate

Senate Chamber, Carson City, April 17, 2001

To the Honorable the Assembly:

    I have the honor to inform your honorable body that the Senate on this day passed Senate Bills Nos. 39, 138, 231, 283, 358, 395, 467, 502, 504, 547, 557.

    Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bills Nos. 20, 62, 77, 115, 171, 175, 191, 249, 271, 300, 324, 328, 330, 420, 500, 512.

    Also, I have the honor to inform your honorable body that the Senate on this day adopted Senate Concurrent Resolution No. 33.

                                                                                    Mary Jo Mongelli

                                                                             Assistant Secretary of the Senate

MOTIONS, RESOLUTIONS AND NOTICES

    By Assemblymen Dini, Anderson, Angle, Arberry, Bache, Beers, Berman, Brower, Brown, Buckley, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Freeman, Gibbons, Giunchigliani, Goldwater, Gustavson, Hettrick, Humke, Koivisto, Lee, Leslie, Manendo, Marvel, McClain, Mortenson, Neighbors, Nolan, Oceguera, Ohrenschall, Parks, Parnell, Perkins, Price, Smith, Tiffany, Von Tobel and Williams; Senators Raggio, Amodei, Care, Carlton, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O'Connell, O'Donnell, Porter, Rawson, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener:

    Assembly Concurrent Resolution No. 23—Welcoming the exhibit entitled “Una Storia Segreta - The Secret Story” regarding the treatment of certain Italian Americans during World War II.

    Whereas, During World War II, more than 600,000 Italian-born immigrants living in the United States were classified as “enemy aliens” because they were not American citizens; and

    Whereas, The freedom of these immigrants and their families was hampered by the United States government with the imposition of measures that included requiring them to carry identification cards at all times, the seizure of personal property and restrictions on their travel; and

    Whereas, More than 10,000 Italian Americans living on the West Coast were forced to leave their homes and businesses and were prohibited from entering coastal zones, and many of these evacuees relocated to Nevada where housing and jobs were available; and

    Whereas, Another 50,000 Italian Americans who remained in their homes were subjected to harsh and unfair curfews; and

    Whereas, During this time, thousands of Italian-American immigrants were arrested and hundreds were interned in military camps; and

    Whereas, More than 500,000 Italian Americans performed exemplary service in the United States Armed Forces during World War II, and thousands sacrificed their lives in defense of the United States; and

    Whereas, At the time, Italians were the largest foreign-born group in the United States, and today are the fifth largest group of immigrants in the United States, numbering approximately 15 million; and

    Whereas, The impact of the wartime experience was devastating to Italian-American communities in the United States and its effects are still being felt; and

    Whereas, A deliberate policy of the United States government ensured that the story of the treatment of Italian Americans during World War II was kept secret from the public, and even today many of the details surrounding these events remain classified and the full story remains unknown to the public; and

    Whereas, The story of the treatment of Italian Americans during World War II needs to be told in order to acknowledge that these events happened, to remember those whose lives were unjustly disrupted and whose freedoms were violated, to help repair the damage to the Italian-American community, and to discourage the occurrence of similar injustices and violations of civil liberties in the future; and

    Whereas, In March 1993, at a conference sponsored by the American Italian Historical Association’s Western Regional Chapter, an exhibit to be known as “Una Storia Segreta” (A Secret Story) had its inception; and

    Whereas, This exhibit unveils a secret history that has remained hidden for over 50 years because of the silence which was first imposed by the United States government and then adopted as a protective cover by those whose lives were affected; and

    Whereas, Not only has the secret story concerning the Italian Americans during World War II been suppressed from historical accounts, but the Italian-American community itself has remained largely unaware of its existence; now, therefore, be it

    Resolved by the assembly of the State of Nevada, the Senate Concurring, That the members of the 71st session of the Nevada Legislature welcome the exhibit entitled “Una Storia Segreta” (A Secret Story) to the Las Vegas Art Museum where the exhibit will be open to the public from April 7 through April 29, 2001; and be it further

    Resolved, That not only Italian Americans but all residents from the State of Nevada are encouraged to take advantage of the opportunity to view this exhibit which is sure to jog the memories and open the eyes of many, and promote greater awareness of the injustices endured by the many Italian Americans and their families living in this state; and be it further

    Resolved, That the members of the Nevada Legislature wish to thank the members of the Augustus Society, a nonprofit organization of Las Vegas professional and lay men and women of Italian-American heritage, for sponsoring this exhibit; and be it further

    Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Jim Donofrio from the Augustus Society who was responsible for and instrumental in bringing the exhibit to Las Vegas.

    Assemblyman Dini moved the adoption of the resolution.

    Remarks by Assemblymen Dini and Giunchigliani.

    Assemblywoman Buckley requested that the following remarks be entered in the Journal.

    Assemblyman Dini:

    Thank you, Mr. Speaker. I guess I was one of the lucky Italian boys during World War II. I grew up in the sheltered community of Yerington, where 25 to 30 percent of the people were of Italian descent. We didn’t feel the effects of this banishment of Italians, this forcing of people to leave their homes and abandon their businesses and move to other areas, even into internment camps.

    There is a great Italian heritage where I come from. My dad got his citizenship papers in 1934. He came here in 1911. He was very proud of that citizenship. I had fifteen cousins who served during World War II, throughout the world, in the armed forces of our country. We are a proud people. We are proud of what our people have accomplished—coming here as Italian immigrants, with no education, working hard, getting businesses, getting farms, being productive citizens of our country.

    To hear this resolution come forth now, of the atrocities and discrimination against the Italian people, is something that is dear to my heart. I think we are really proud that they have come to Las Vegas for this exhibit—Una Storia Segreta, which means “A Secret Story.” It was a secret to a lot of us of Italian descent. I think it is a tribute to the outstanding job that the Augustus Society in Las Vegas is doing in bringing forth these types of historical events and historic mementos. They let the people in Nevada know what actually has happened in the history of our state and in the history of our country.

    I want everyone to know that the Italian people are a proud people. They always appreciated the freedom in this country that they were offered. They came from Mussolini and his regime in Italy. It meant a lot to them to be recognized as Americans. I know that if you wanted to get into a fight with my dad, all you had to do was call him a “Wop,” and the fight was on. He was pretty tough. I never heard of him losing a fight. He grew up the hard way. 

    There is a lot of heritage involved in this and a lot of pride, and we present this resolution and we honor the Augustus Society for their efforts to bring this historic memento to our state. Thank you.

    Assemblywoman Giunchigliani:

    Thank you, Mr. Speaker. I, too, rise in support of ACR 23. There are a few of us that are Italians in this body, in both houses. I’m the only one of us, I think, that was actually born in Italy. I support this resolution. I have worked and been to the many scholarship fund raisers that the Augustus Society has done in Las Vegas. It has really done a tremendous job for encouraging students to go on to higher education. But in addition to that, I appreciate this because I didn’t know this history. I think it’s time our textbooks reflect a great deal of the untold story as well. There are many people that contributed to our freedoms that are not reflected in our history books and this is just one more example of that. My “Nano”, which was my grandfather, fought in World War I. He came over as a young man and settled in Louisville, Kentucky. Somehow they got there, believe it or not.

    I think one thing he always taught us was a sense of pride—of being an American, as well as being an Italian. Years later, he went back and reclaimed our property that had been taken by Mussolini. He did not care for that particular individual very much. This story will begin to educate, not only the Italian Americans who are unaware of this, but also our fellow Americans who are not aware of the contributions that were made, as well as the hidden truths and the sad part of this history. Thank you, Mr. Speaker.

    Resolution adopted unanimously.

    Assemblyman Dini moved that all rules be suspended and that Assembly Concurrent Resolution No. 23 be immediately transmitted to the Senate.

    Motion carried unanimously.

    By Assemblymen Ohrenschall, Anderson, Angle, Arberry, Bache, Beers, Berman, Brower, Brown, Buckley, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Dini, Freeman, Gibbons, Giunchigliani, Goldwater, Gustavson, Hettrick, Humke, Koivisto, Lee, Leslie, Manendo, Marvel, McClain, Mortenson, Neighbors, Nolan, Oceguera, Parks, Parnell, Perkins, Price, Smith, Tiffany, Von Tobel and Williams; Senators Titus, Amodei, Care, Carlton, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O'Connell, O'Donnell, Porter, Raggio, Rawson, Rhoads, Schneider, Shaffer, Townsend, Washington and Wiener:

    Assembly Concurrent Resolution No. 24—Memorializing Julian Wallace.

    Whereas, The members of the Nevada Legislature note with sadness the passing of Julian Wallace on August 2, 2000; and

    Whereas, Julian Walter Wallace was born on September 13, 1912, in Brooklyn, New York; and

    Whereas, After moving to California, Julian Wallace met Lillian Kramer, the woman he would marry on January 17, 1948, and who would become his partner in every endeavor from that day forward; and

    Whereas, With their move to Nevada in 1978, Julian and Lillian Wallace brought with them their deep involvement in various organizations, including Julian’s membership in the Fraternal Order of Knights of Pythias, an international fraternity in which Julian served as Chancellor Commander and whose principles of friendship, charity and benevolence he incorporated into his daily life; and

    Whereas, Lifetime members of the City of Hope, Julian and Lillian Wallace worked as volunteers in many projects initiated to raise money for the life-saving work of the City of Hope National Medical Center whose mission is the prevention, treatment and cure of cancer and other life-threatening diseases through innovative research and patient care; and

    Whereas, Active with the Mobile Homeowners League of the Silver State, Julian Wallace became its Executive Vice President in 1982, and it was as a representative of this organization that he became involved with Seniors United, a coalition of senior citizen activist groups formed during the election year of 1982 to win election for candidates who supported their views; and

    Whereas, While many of the senior groups dissolved after the election, Julian and Lillian Wallace felt that an organization with the potential of Seniors United should not be discarded and took over the leadership which they would retain for the next 17 years, changing its focus to a political education organization dedicated to developing the political knowledge of seniors with forums for discussions and presentations of topical issues while challenging the members to recognize the strength of their collective voting power; and

    Whereas, The team of Julian and Lillian Wallace has received numerous honors and awards for their achievements while directing the course of Seniors United including a recognition by Senator Harry Reid recorded in the Congressional Record of November 7, 1997, in which he paid tribute to “two Nevadans whose lives serve as an inspiration not only to all Nevadans but to this Nation and to this distinguished body” and he noted further that they “never hesitate to hold their elected officials’ feet to the fire and demonstrate on a daily basis that an active and involved citizenry is definitely not a function of age.”; and

    Whereas, Never one to take retirement as a time to slow down, Julian Wallace also served on the Clark County Parks and Recreation Board, was active with the Retired and Senior Volunteer Program and was a delegate to the 1995 White House Conference on Aging, which was followed by a special invitation to the 1997 presidential inauguration; and

    Whereas, The cheerful, positive demeanor and the ever-present smile of Julian Wallace will be missed by those who knew him and were drawn by the magnetic personality that made him irresistible to people of all ages; and

    Whereas, Julian Wallace is survived by his wife, Lillian, who said of their 52 1/2 years together that “we enjoyed every minute of it,” and by his brothers, Theodore of Los Angeles, California, and Martin Rock of Scottsdale, Arizona; now, therefore, be it

    Resolved by the assembly of the State of Nevada, the Senate Concurring, That the members of the 71st session of the Nevada Legislature extend their sincere condolences to Lillian Wallace on the loss of her loving husband and closest friend; and be it further

    Resolved, That Julian Wallace will long be remembered for his commitment to the Phythian principles of “service to mankind” and “peace through understanding” and as a man who made everyone his friend; and be it further

    Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Lillian, his beloved wife and partner for over half a century.

    Assemblywoman Ohrenschall moved the adoption of the resolution.

    Remarks by Assemblymen Ohrenschall, Buckley, Chowning, Manendo, Collins and Cegavske.

    Assemblywoman Buckley requested that the following remarks be entered in the Journal.

    Assemblywoman Ohrenschall:

    Thank you, Mr. Speaker. Today, in this resolution, we mourn the passing of Julian Wallace, who was a great activist for the community in all areas. He was what they called “Asai Deke,” a righteous man. He looked in many areas to try and cure problems. We are here also to rejoice in the partnership of Julian and Lillian Wallace. They were a husband and wife team who, together, seemed to be able to accomplish miracles within the state. They managed to be the conscience of members of the political world. They interviewed, they went over and made things happen. They made sure seniors were well aware of what was going on. They were out there, speaking publicly, to really keep the community as a very good representative democracy. It will be a long time since we see another couple like them. I know Lillian misses her husband who has passed on, but she will now be the beam of light for us in inspiring the organization known as Seniors United, which they reshaped and brought into the world as an active and effective political organization, to keep on going.

    Assemblywoman Buckley:

    Thank you, Mr. Speaker. I, too, rise in support of ACR 24. I had the pleasure of meeting Julian Wallace when I first decided to run for office. It’s hard to express the impact that Julian and Lillian Wallace have had on so many of us who decide to throw our hats into the political ring. Through their organization, they were able to bring people together for discussion about true policy debates regardless of party. They have done so much to foster dialogue and discussion in our community. I think of all the things stated in the resolution and by my colleague from my neighboring Assembly district, the one thing I would like to mention to this body is a trait shared by both Julian and Lillian—Julian’s spirit. He was always friendly, regardless of who was coming before him and what they were saying. He always had a way, too, of not becoming cynical of the political process. So many times, all of us get cynical about things we see. He never did. He believed that the right person could make a difference regardless of the circumstance. We will so sorely miss Julian and we are thrilled to be able to pay this tribute to his many achievements and to Lillian, his partner of so many years.

    Assemblywoman Chowning:

    Thank you, Mr. Speaker. I, too, stand in support of ACR 24. Julian Wallace is a wonderful example of how one person’s voice, along with his partner of 52 and a half years, can make its way to the legislature and truly make a difference in terms of policy for our state.  I honor him today and thank him for all his dedicated, non-partisan spirit. Thank you.

 

    Assemblyman Manendo:

    Thank you, Mr. Speaker. I, too, rise in support of ACR 24. Lillian and Julian Wallace resided in Assembly District 18, my district, for many years. Actually, I met them in 1990. They then moved to my colleague’s district, Assembly District 8. They were very involved in the community. The work that they both have done in Dorothy Kidd Mobile Home Park, before they moved, their reputation was unbelievable.  Everyone had such a high respect for them. Actually, when they were involved in the founding of Seniors United, they actually brought me on as a board member, because they wanted to get some young people involved and try to bring out some of the issues of Social Security and how that can affect the younger generation. He got me involved in that organization. I just want to rise in support because I’m going to miss my friend. Thank you.

    Assemblyman Collins:

    Thank you, Mr. Speaker. I rise in support of this resolution. Back in 1992, when most folks didn’t give me much chance of getting elected to the legislature, the Wallaces came and not only called, supported and encouraged me, but helped me with lists and campaign things and so forth. It made a big difference in helping me get started. They liked helping folks all the time and did that in so many ways, so I rise in support of this resolution as well.

    Assemblywoman Cegavske:

    Thank you, Mr. Speaker. I, also, rise in support of ACR 24. It was a pleasure to know Julian and Lillian. They are wonderful people. My colleagues have expressed words for all of us. So, with that, I want to stand in support and wish Lillian well. Thank you.

    Resolution adopted unanimously.

    Assemblywoman Ohrenschall moved that all rules be suspended and that Assembly Concurrent Resolution No. 24 be immediately transmitted to the Senate.

    Motion carried unanimously.

    Assemblyman Anderson moved that Assembly Bill No. 489 be taken from the General File and placed on the Chief Clerk's desk.

    Remarks by Assemblyman Anderson.

    Motion carried.

    Assemblyman Bache moved that Assembly Bill No. 431 be taken from the Chief Clerk’s desk and placed on the General File.

    Motion carried.

    Assemblyman Bache moved that Assembly Bill No. 413 be taken from the General File and placed on the Chief Clerk’s desk.

    Motion carried.

    Assemblyman Bache moved that Assembly Bill No. 558 be taken from the Chief Clerk's desk and re-referred to the Concurrent Committee on Ways and Means.

    Motion carried.

    Assemblywoman Giunchigliani moved that Assembly Bill No. 572 be taken from the Second Reading File and placed on the Chief Clerk's desk.

    Motion carried.

    Assemblywoman Giunchigliani moved that Assembly Bill No. 536 be taken from the General File and placed on the Chief Clerk's desk.

    Motion carried.

    Assemblywoman Giunchigliani moved that Assembly Bill No. 311 be taken from the Chief Clerk's desk and placed at the bottom of the Second Reading File.

    Remarks by Assemblywoman Giunchigliani.

    Motion carried.

    Assemblywoman Giunchigliani moved that Assembly Bill No. 573 be taken from the Chief Clerk's desk and re-referred to the Committee on Ways and Means.

    Motion carried.

    Assemblywoman Chowning moved that Assembly Bill No. 8 be taken from the Chief Clerk's desk and placed on General File.

    Motion carried.

    Assemblywoman Chowning moved that Assembly Bill No. 641 be taken from the General File and re-referred to the Committee on Ways and Means.

    Motion carried.

    Assemblyman Goldwater moved that Assembly Bill No. 653 be taken from the General File and placed at the top of the General File.

    Motion carried.

    Senate Concurrent Resolution No. 33.

    Assemblyman Oceguera moved the adoption of the resolution.

    Remarks by Assemblyman Oceguera.

    Resolution adopted unanimously.

MESSAGES FROM THE Senate

Senate Chamber, Carson City, April 18, 2001

To the Honorable the Assembly:

    I have the honor to inform your honorable body that the Senate on this day adopted Senate Concurrent Resolution No. 34.

                                                                                    Mary Jo Mongelli

                                                                             Assistant Secretary of the Senate

MOTIONS, RESOLUTIONS AND NOTICES

    Senate Concurrent Resolution No. 34.

    Assemblywoman Giunchigliani moved the adoption of the resolution.

    Remarks by Assemblyman Giunchigliani, Goldwater and Carpenter.

    Assemblywoman Buckley requested that the following remarks be entered in the Journal.

    Assemblywoman Giunchigliani:

    Thank you, Mr. Speaker. I think many of the people in this room know one of my husband and my hobbies is traveling, not tourism. There is a huge difference. We usually land in a country and don’t know where we’re staying. His job is to drive while I find houses or places to rent. We’ve gone to Czechoslovakia behind the wall, illegally staying in homes; and to many other different places. The point I’m trying to make is the Consortium gives these youths, these young men and women, the ability to go to another country, live there; gives them a true taste and flavor. They know what kind of sheets they have. They know what the stores are like. They even know what kind of toilet paper they have. All of that helps give you a picture of what a culture and a society is.

    This is a wonderful, remarkable program. I am so thrilled to know, from hearing the description, that it has actually grown from the Basque country and has expanded to 17 countries around the world. What it probably teaches, mostly, is for our youth to think globally and not locally.

    I have the pleasure of knowing some of the individuals who have taught in the program and helped start it. I just found out my constituent, Ben Contime, was a participant in this and went to Chile under the Consortium program. We know now what makes Ben the challenge that he is in our districts, in how involved he is. I mean that kindly, of course. If I might, Mr. Speaker, I think it is a wonderful program and it’s too bad more youths are not involved in this. But I commend the University for bringing forth this resolution.

    Assemblyman Goldwater:

    Thank you, Mr. Speaker. I rise in support of SCR 34. I participated in this program and went to Italy. It gives you tremendous perspective and is a wonderful opportunity. Anyone who has children in college, it’s no vacation. They grill you. They make you learn. They make you attend class. You learn about the culture of the place where you are and you don’t think your whole world is Las Vegas, Nevada. I appreciate the work that they do. It does benefit a whole lot of people.

    Assemblyman Carpenter:

    Thank you, Mr. Speaker. I rise in support of SCR 34. Through the years, I’ve personally known many of the people who were involved with the Basque studies program. As we know, the Basques were greatly involved in the sheep business in Nevada and when I was in the sheep business, many of these people that were connected with the Basque studies program came and interviewed my herders and myself. I believe that history of the Basque sheepherders in Nevada has been recorded because of this program. Thank you.

    Resolution adopted unanimously.

    Assemblywoman Buckley moved that the reading of the history of Senate Bills on Introduction be dispensed with for this legislative day.

    Motion carried.

    Assemblywoman Buckley moved that the reading of the history of Assembly Bills on the General File be dispensed with for this legislative day.

    Motion carried.

    Assemblywoman Buckley moved that Assembly Bills Nos. 61, 220, 221, 295, 297, 319, 336, 446, 476, 487 and 500 be placed on the Second Reading File.

    Motion carried.

general file and third reading

    Assembly Bill No. 653.

    Bill read third time.

    Remarks by Assemblymen Goldwater, McClain, Gibbons, Beers, Oceguera, Dini, Giunchigliani, Berman, Chowning, Carpenter and Von Tobel.

    Mr. Speaker requested the privilege of the Chair for the purpose of making remarks.

    Potential conflict of interest declared by Assemblymen McClain, Perkins, Beers and Oceguera.

    Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.

    Assembly in recess at 11:53 a.m.

ASSEMBLY IN SESSION

    At 12:00 p.m.

    Mr. Speaker presiding.

    Quorum present.

    Assemblyman Goldwater moved that Assembly Bill No. 653 be taken from the General File and placed on the Chief Clerk's desk.

    Remarks by Assemblyman Goldwater.

    Motion carried.

    Assembly Bill No. 4.

    Bill read third time.

    Remarks by Assemblyman Marvel.

    Roll call on Assembly Bill No. 4:

    Yeas—42.

    Nays—None.

    Assembly Bill No. 4 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 105.

    Bill read third time.

    Remarks by Assemblyman Anderson.

    Roll call on Assembly Bill No. 105:

    Yeas—42.

    Nays—None.

    Assembly Bill No. 105 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblywoman Giunchigliani moved that Assembly Bill No. 227 be taken from the General File and placed on the Chief Clerk's desk.

    Remarks by Assemblywoman Giunchigliani.

    Motion carried.

    Assemblywoman Chowning moved that Assembly Bill No. 246 be taken from the General File and placed on the Chief Clerk's desk.

    Remarks by Assemblywoman Chowning.

    Motion carried.

    Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.

    Assembly in recess at 12:06 p.m.

ASSEMBLY IN SESSION

    At 12:13 p.m.

    Mr. Speaker pro Tempore presiding.

    Quorum present.

SECOND READING AND AMENDMENT

    Assembly Bill No. 442.

    Bill read second time and ordered to third reading.

    Assembly Bill No. 311.

    Bill read second time.

    The following amendment was proposed by the Committee on Education:

    Amendment No. 283.

    Amend sec. 5, page 6, line 4, after “enrolled” by inserting:

“at least part time”.

    Amend sec. 5, page 6, line 6, by deleting “full-time”.

    Assemblywoman Parnell moved the adoption of the amendment.

    Remarks by Assemblywoman Parnell.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to the Concurrent Committee on Ways and Means.

    Assembly Bill No. 61.

    Bill read second time.

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

    Amendment No. 399.

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

    Amend the bill as a whole by deleting sec. 5.

    Amend the title of the bill to read as follows:

“AN ACT relating to property; prohibiting a governing body from taking certain actions that preclude amateur service communications; providing certain requirements relating to the regulation of the placement, screening or height of a station antenna structure; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

“SUMMARY—Provides certain restrictions relating to regulation of amateur service communications. (BDR 22-672)”.

    Assemblyman Bache moved the adoption of the amendment.

    Remarks by Assemblyman Bache.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 220.

    Bill read second time.

    The following amendment was proposed by the Committee on Judiciary:

    Amendment No. 298.

    Amend section 1, page 1, line 3, by deleting “In” and inserting:

“Except as otherwise provided in subsection 3, in”.

    Amend section 1, page 1, line 4, before “felony” by inserting “category A”.

    Amend section 1, page 1, line 6, before “felony” by inserting “category A”.

    Amend section 1, page 1, lines 15 and 16, by deleting:

“misdemeanor or gross misdemeanor;” and inserting:

“misdemeanor, gross misdemeanor or felony other than a category A felony;”.

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

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

“(c) Apply to a peace officer with limited jurisdiction if an interlocal agreement between his employer and the primary law enforcement agency in the city or county in which a category A felony was committed or attempted authorizes the peace officer with limited jurisdiction to respond to and investigate the felony without immediately notifying the primary law enforcement agency; or

(d) Prohibit a peace officer with limited jurisdiction from:

(1) Contacting a primary law enforcement agency for assistance with an offense that is a misdemeanor, gross misdemeanor or felony that is not a category A felony; or

        (2) Responding to a category A felony until the appropriate primary law enforcement agency arrives at the location where the felony was allegedly committed or attempted, including, without limitation, taking any appropriate action to provide assistance to a victim of the felony, to apprehend the person suspected of committing or attempting to commit the felony, to secure the location where the felony was allegedly committed or attempted and to protect the life and safety of the peace officer and any other person present at that location.”.

    Amend the title of the bill, second line, by deleting:

“a felony is” and inserting:

“certain felonies are”.

    Amend the summary of the bill to read as follows:

“SUMMARY—Revises provisions governing duties of certain peace officers when certain felonies are committed or attempted in their presence or in area that is within their jurisdiction. (BDR 14-141).”.

    Assemblyman Anderson moved the adoption of the amendment.

    Remarks by Assemblyman Anderson.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 221.

    Bill read second time.

    The following amendment was proposed by the Committee on Education:

    Amendment No. 357.

    Amend section 1, page 1, by deleting lines 5 and 6 and inserting:

“For the fiscal year 2001-2002........... $7,075,629

For the fiscal year 2002-2003............. $7,371,199”.

    Assemblywoman Parnell moved the adoption of the amendment.

    Remarks by Assemblywoman Parnell.

    Amendment adopted.

    Assemblywoman Parnell moved that upon return from the printer Assembly Bill No. 221 be re-referred to the Committee on Ways and Means.

    Motion carried.

    Bill ordered reprinted, engrossed and to the Committee on Ways and Means.

    Assembly Bill No. 295.

    Bill read second time.

    The following amendment was proposed by the Committee on Elections, Procedures, and Ethics:

    Amendment No. 317.

    Amend sec. 3, page 1, by deleting line 9 and inserting:

“Sec. 3.  Each county clerk is encouraged to:”.

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

    Amend sec. 3, page 2, by deleting lines 4 through 6 and inserting:

“2.  Provide in alternative audio and visual formats information concerning elections, information concerning how to register to vote and information concerning the manner of voting for use by a person who is elderly or disabled, including, without limitation, providing such information through a”.

    Amend sec. 3, page 2, line 8, by deleting “(c)” and inserting “3.”.

    Amend sec. 3, page 2, line 11, by deleting “(1)” and inserting “(a)”.

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

    Amend sec. 3, page 2, by deleting lines 13 and 14.

    Amend sec. 4, page 2, by deleting lines 19 through 21 and inserting:

        “(1) Designed to allow a voter in a wheelchair to vote;”.

    Amend sec. 4, page 2, line 22, by deleting “(3)” and inserting “(2)”.

    Amend sec. 4, page 2, line 23, by deleting “(4)” and inserting “(3)”.

    Amend sec. 4, page 2, line 24, by deleting “and independence”.

    Amend sec. 4, page 2, line 29, by deleting “shall:” and inserting:

“is encouraged to:”.

    Amend sec. 4, page 2, line 36, by deleting “elections;” and inserting “the election;”.

    Amend sec. 5, page 2, by deleting line 43 and inserting:

“cast their votes privately;”.

    Amend the bill as a whole by deleting sec. 7 and renumbering sections 8 through 10 as sections 7 through 9.

    Amend sec. 8, page 3, line 42, by deleting:

“, in at least 12-point type,”.

    Amend sec. 8, page 3, between lines 44 and 45, by inserting:

“person, including, without limitation, by providing, upon request, the absent ballot in 12-point type to an elderly or disabled”.

    Amend sec. 10, page 4, by deleting lines 38 through 42 and inserting:

“293.520  [The] Except as otherwise provided in this section, the registration or reregistration of electors who are unable to sign their names must be made upon personal application of those electors at the office of the county clerk where they may be identified or in the presence of a field registrar. If such an elector is unable to appear in person at the office of the county clerk, the county clerk shall send a field registrar or an employee of the office of the county clerk to the elector to identify the elector and register or reregister the elector as appropriate. The electors described in this section may use a mark or”.

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

    “Sec. 10. NRS 293.565 is hereby amended to read as follows:

    293.565  1.  Except as otherwise provided in subsection 2, sample ballots must include:

    (a) The fiscal note, as provided pursuant to NRS 218.443 or 293.250, for each proposed constitutional amendment or statewide measure;

    (b) An explanation, as provided pursuant to NRS 218.443, of each proposed constitutional amendment or statewide measure, including arguments for and against it; and

    (c) The full text of each proposed constitutional amendment.

    2.  Sample ballots that are mailed to registered voters may be printed without the full text of each proposed constitutional amendment if:

    (a) The cost of printing the sample ballots would be significantly reduced if the full text of each proposed constitutional amendment were not included;

    (b) The county clerk ensures that a sample ballot that includes the full text of each proposed constitutional amendment is provided at no charge to each registered voter who requests such a sample ballot; and

    (c) The sample ballots provided to each polling place include the full text of each proposed constitutional amendment.

    3.  At least 10 days before any election, the county clerk shall cause to be mailed to each registered voter in the county a sample ballot for his precinct with a notice informing the voter of the location of his polling place. If the location of the polling place has changed since the last election:

    (a) The county clerk shall mail a notice of the change to each registered voter in the county not sooner than 10 days before mailing the sample ballots; or

    (b) The sample ballot must also include a notice in at least 10-point bold type immediately above the location which states:

NOTICE: THE LOCATION OF YOUR POLLING PLACE

HAS CHANGED SINCE THE LAST ELECTION

    4.  The county clerk shall include in each sample ballot a statement indicating that the county clerk will, upon request of a voter who is elderly or disabled, make reasonable accommodations to allow the voter to vote at his polling place and provide reasonable assistance to the voter in casting his vote, including, without limitation, providing appropriate materials to assist the voter.

    5.  The county clerk shall include in each sample ballot for a primary election, a separate page on which is printed a list of the offices and candidates for those offices for which there is no opposition.

    [5.] 6.  The cost of mailing sample ballots for any election other than a primary or general election must be borne by the political subdivision holding the election.”.

    Amend sec. 12, page 4, by deleting line 46 and inserting:

“Sec. 12.  Each city clerk is encouraged to:”.

    Amend sec. 12, page 4, line 47, by deleting “(a)” and inserting “1.”.

    Amend sec. 12, page 5, by deleting lines 3 through 5 and inserting:

“2.  Provide in alternative audio and visual formats information concerning elections, information concerning how to register to vote and information concerning the manner of voting for use by a person who is elderly or disabled, including, without limitation, providing such information through a”.

    Amend sec. 12, page 5, line 7, by deleting “(c)” and inserting “3.”.

    Amend sec. 12, page 5, line 10, by deleting “(1)” and inserting “(a)”.

    Amend sec. 12, page 5, line 11, by deleting “(2)” and inserting “(b)”.

    Amend sec. 12, page 5, by deleting lines 12 and 13.

    Amend sec. 13, page 5, by deleting lines 18 through 20 and inserting:

        “(1) Designed to allow a voter in a wheelchair to vote;”.

    Amend sec. 13, page 5, line 21, by deleting “(3)” and inserting “(2)”.

    Amend sec. 13, page 5, line 22, by deleting “(4)” and inserting “(3)”.

    Amend sec. 13, page 5, line 23, by deleting “and independence”.

    Amend sec. 13, page 5, line 28, by deleting “shall:” and inserting:

“is encouraged to:”.

    Amend sec. 13, page 5, line 35, by deleting “elections;” and inserting “the election;”.

    Amend the bill as a whole by deleting sec. 15 and renumbering sec. 16 as sec. 15.

    Amend sec. 16, page 6, lines 29 and 30, by deleting:

“, in at least 12-point type,”.

    Amend sec. 16, page 6, line 32, before “person.” by inserting:

“person, including, without limitation, by providing, upon request, the absent ballot in 12-point type to an elderly or disabled”.

    Amend the bill as a whole by adding a new section designated sec. 16, following sec. 16, to read as follows:

    “Sec. 16. NRS 293C.530 is hereby amended to read as follows:

    293C.530  1.  At least 10 days before an election, the city clerk shall cause to be mailed to each registered voter in the city a sample ballot for his precinct with a notice informing the voter of the location of his polling place. If the location of the polling place has changed since the last election:

    (a) The city clerk shall mail a notice of the change to each registered voter in the city not sooner than 10 days before mailing the sample ballots; or

    (b) The sample ballot must also include a notice in at least 10-point bold type immediately above the location which states:

NOTICE: THE LOCATION OF YOUR POLLING PLACE

HAS CHANGED SINCE THE LAST ELECTION

    2.  The city clerk shall include in each sample ballot a statement indicating that the city clerk will, upon request of a voter who is elderly or disabled, make reasonable accommodations to allow the voter to vote at his polling place and provide reasonable assistance to the voter in casting his vote, including, without limitation, providing appropriate materials to assist the voter.

    3.  The city clerk shall include in each sample ballot for a primary city election, a separate page on which is printed a list of the offices and candidates for those offices for which there is no opposition.

    [3.] 4. The cost of mailing sample ballots for a city election must be borne by the city holding the election.”.

    Amend the bill as a whole by deleting sec. 17 and adding a new section designated sec. 17, following sec. 16, to read as follows:

    “Sec. 17.  For the purposes of subsection 2 of section 3 of this act, the legislature encourages each county by July 1, 2003, to provide at least one telecommunications device that is accessible to a person who is deaf.”.

    Amend the title of the bill to read as follows:

“AN ACT relating to elections; providing that eligible voters who are elderly or disabled must not be denied the right to participate in elections and to vote privately; requiring the secretary of state to provide certain materials to elderly or disabled persons in a format that can be used by those persons; encouraging each county and city clerk to provide certain information and materials, including ballots, in alternative formats that can be used by elderly or disabled persons; requiring all polling places to be accessible to and equipped for use by voters who are elderly or disabled; excepting disabled voters from certain requirements regarding the voting of absent ballots; requiring absent ballots to be printed in at least 12-point type under certain circumstances; requiring that instructions for registering to vote be posted at certain locations; and providing other matters properly relating thereto.”.

    Assemblywoman Giunchigliani moved the adoption of the amendment.

    Remarks by Assemblywoman Giunchigliani.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 297.

    Bill read second time.

    The following amendment was proposed by the Committee on Education:

    Amendment No. 361.

    Amend sec. 5, page 5, by deleting lines 25 through 28 and inserting:

“determined by the board. An administrator charged with the evaluation of a probationary teacher shall, during each evaluation period, personally observe the performance of the teacher for a minimum cumulative total of 60 minutes, at least 45 minutes of which must consist of one continuous observation.”.

    Amend sec. 5, page 5, by deleting lines 40 through 42 and inserting:

“year. An administrator charged with the evaluation of a postprobationary teacher shall, during each evaluation period, personally observe the performance of the teacher for a minimum cumulative total of 60 minutes, at least 30 minutes of which must consist of one continuous observation.”.

    Amend sec. 5, pages 5 and 6, by deleting lines 45 through 49 on page 5 and lines 1 through 9 on page 6 and inserting:

    “(a) If necessary, include recommendations for improvements in his performance. A reasonable effort must be made to assist the teacher to correct any deficiencies noted in the evaluation.

    (b) Include a statement by the administrator who evaluated the teacher indicating the amount of time that the administrator personally observed the performance of the teacher in the classroom.

    7.  The teacher must receive a copy of each evaluation not later than 15 days after the evaluation. A copy of the evaluation and the teacher’s response must be permanently attached to the teacher’s personnel file.”.

    Amend sec. 6, page 6, by deleting lines 25 and 26.

    Assemblywoman Parnell moved the adoption of the amendment.

    Remarks by Assemblywoman Parnell.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assemblyman Anderson moved that upon return from the printer Assembly Bill No. 297 be placed on the Chief Clerk’s desk.

    Motion carried.

    Assembly Bill No. 319.

    Bill read second time.

    The following amendment was proposed by the Committee on Education:

    Amendment No. 322.

    Amend section 1, page 2, line 27, by deleting “50” and inserting “25”.

    Amend sec. 3, page 4, line 30, after “pupils.” by inserting:

“The information required by this paragraph must be reported in a manner that does not violate the confidentiality of any individual pupil or employee.”.

    Amend sec. 3, page 6, line 30, after “year.” by inserting:

“The department shall maintain the information pursuant to this paragraph in a manner that does not violate the confidentiality of any individual pupil or employee.”.

    Amend sec. 6, page 7, line 10, after “disability” by inserting:

“or a pupil whose primary language is not English,”.

    Amend sec. 6, page 7, line 11, after “and” by inserting “who”.

    Amend sec. 6, page 7, line 15, by deleting “disability,” and inserting:

“disability and a pupil whose primary language is not English,”.

    Amend sec. 7, page 8, line 2, after “disability” by inserting:

“or a pupil whose primary language is not English”.

    Amend sec. 7, page 8, by deleting line 26 and inserting:

“take the high school proficiency examination for purposes of the”.

    Amend sec. 7, page 8, line 33, by deleting “disabilities,” and inserting:

“disabilities and pupils whose primary language is not English,”.

    Amend sec. 7, page 8, line 43, after “disabilities” by inserting:

“and pupils whose primary language is not English”.               

    Amend sec. 8, page 9, line 10, by deleting “impairment.” and inserting:

“impairment or a specific learning disability in reading.”.

    Amend sec. 8, page 9, line 48, by deleting “impairment,” and inserting:

“impairment or a specific learning disability in reading,”.

    Amend sec. 16, page 15, line 34, by deleting “Such” and inserting:

“Except as otherwise provided in this subsection, such”.

    Amend sec. 16, page 15, line 37, after “administrator.” by inserting:

“An administrator who is appointed to such a committee may designate a person who is employed by the school district as a supervisor of school bus transportation to serve in the administrator’s place on the committee.”.

    Amend sec. 18, page 16, line 26, by deleting “On” and inserting:

    “Except as otherwise provided in subsection 4, on”.

    Amend sec. 18, page 16, line 29, after “necessary.” by inserting:

“Except as otherwise provided in subsection 4, the principal of each public school shall, on or before November 1 of each year, file with the board of trustees of the school district a copy of the plan adopted pursuant to this section, including, without limitation, any revisions to the plan.”.

    Amend sec. 18, page 16, by deleting lines 30 through 46 and inserting:

    “4.  A principal may submit a written request to his immediate supervisor for additional time to comply with this section. The supervisor may grant the principal additional time to comply with this section, not to exceed 30 days after receipt of the request. If a principal who is granted additional time fails to comply with this section:

    (a) Within the 30-day period allowed by his immediate supervisor, the supervisor shall ensure that a letter of reprimand or letter of admonition is included within the personnel file of the principal.

    (b) Within 30 days after the letter of reprimand or letter of admonition is issued pursuant to paragraph (a), the board of trustees shall take such action against the principal pursuant to NRS 391.312 as it considers necessary.”.

    Amend sec. 19, page 17, by deleting line 6 and inserting:

“the committee is 2 school years.”.

    Amend sec. 22, page 18, line 17, after “disabilities” by inserting:

“and pupils whose primary language is not English”.

    Amend sec. 22, page 18, line 20, after “disabilities” by inserting:

“and pupils whose primary language is not English”.

    Assemblywoman Parnell moved the adoption of the amendment.

    Remarks by Assemblywoman Parnell.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to Concurrent Committee on Ways and Means.

    Assembly Bill No. 336.

    Bill read second time.

    The following amendment was proposed by the Committee on Health and Human Services:

    Amendment No. 320.

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

    “Section 1. Chapter 127 or NRS is hereby amended by adding thereto a new section to read as follows:

    1.  When the division or a child-placing agency licensed by the division pursuant to this chapter receives an application by a person to receive the placement of a child for adoption, the division or child-placing agency shall:

    (a) Provide to the applicant accurate and detailed written information regarding any subsidies, assistance and other services that may be available to the applicant if the child has been or is later determined to have any special needs; and

    (b) Obtain from the applicant written confirmation that the applicant has received the required information.

    2.  The division shall adopt regulations specifying the information that must be provided pursuant to subsection 1.

    Sec. 2. NRS 127.009 is hereby amended to read as follows:

    127.009  1.  The division shall prepare a booklet on adoption in this state which includes the following information:

    (a) The legal basis of adoption;

    (b) The purpose of adoption;

    (c) The process of adoption;

    (d) The number of children who are waiting to be adopted, including statistical information regarding:

        (1) The gender and ethnic background of the children who are waiting to be adopted;

        (2) The number of children placed in foster homes who are waiting to be adopted;

        (3) The number of children with special needs who are waiting to be adopted; and

        (4) The number of siblings who are waiting to be adopted;

    (e) The name and location of agencies in Nevada that place children with adoptive parents;

    (f) The number of prospective adoptive parents;

    (g) A comparison of Nevada to the surrounding states regarding the placement of children with adoptive parents; [and]

    (h) A comparison of the division to other agencies located in Nevada regarding the placement of children with adoptive parents[.] ; and

    (i) Any subsidies, assistance and other services that may be available to adoptive parents and prospective adoptive parents, including, without limitation, services for children with special needs.

    2.  The division shall:

    (a) Revise the information in the booklet annually.

    (b) Distribute the booklet to persons and organizations whose patients or clients are likely to become involved with the process of adoption in this state. The booklet must also be distributed to prospective adoptive parents and natural parents giving children up for adoption.

    3.  The division may accept gifts and grants to assist in the production and distribution of the booklet.

    Sec. 3. NRS 127.186 is hereby amended to read as follows:

    127.186  1.  The division, or a child-placing agency licensed by the division pursuant to this chapter, may consent to the adoption of a child under 18 years of age with special needs due to race, age or physical or mental problems who is in the custody of the division or the licensed agency by proposed adoptive parents when, in the judgment of the division or the licensed agency, it would be in the best interests of the child to be placed in that adoptive home.

    2.  The division or child-placing agency shall [determine whether] in a timely and diligent manner:

    (a) Upon:

        (1) Its discovery of any facts indicating that a child in its custody may have any special needs;

        (2) The request of a proposed adoptive parent with whom it proposes to place a child for adoption; or

        (3) The request of an adoptive parent who has completed the adoption of a child with whom it placed the child for adoption,

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schedule any evaluations necessary to identify any special needs the child may have.

    (b) If it determines, either before or after the adoption of a child whom it has placed for adoption, that the child has any special needs [and notify] :

        (1) Notify the adoptive parents or proposed adoptive parents [of a child who is determined to have special needs:

    (a)] :

            (I) That they may be eligible for a grant of financial assistance pursuant to this section [if the petition for adoption is granted; and

    (b)] ; and

            (II) The manner in which to apply for such financial assistance[.] ; and

        (2) Assist the adoptive parents or proposed adoptive parents in applying for and satisfying any other prerequisites necessary to obtain a grant of financial assistance pursuant to this section and any other relevant subsidies and services which may be available.

    3.  The division may grant financial assistance for attorney’s fees and court costs in the adoption proceeding, for maintenance and for preexisting physical or mental conditions to the adoptive parents of a child with special needs out of money provided for that purpose if the administrator of the division has reviewed and approved in writing the [proposed adoption and] grant of financial assistance. If the adoptive parents of a child with special needs apply for a grant of financial assistance pursuant to this section after the completion of proceedings for the adoption of the child, the division may, within the limitations of available funding, provide the financial assistance specified in this subsection for such expenses as are incurred after the administrator of the division has reviewed and approved in writing the grant of financial assistance.

    4.  The grant of financial assistance must be limited, both as to amount and duration, by agreement in writing between the division and the adoptive parents. [The agreement does] Such an agreement must notbecome effective [until] before the entry of the order of adoption.

    5.  Any grant of financial assistance must be reviewed and evaluated at least once annually by the division. The evaluation must be presented for approval to the administrator of the division. Financial assistance must be discontinued immediately upon written notification to the adoptive parents by the division that continued assistance is denied.

    6.  All financial assistance provided under this section ceases immediately when the child attains majority, becomes self-supporting, is emancipated or dies, whichever occurs first.

    7.  Neither a grant of financial assistance pursuant to this section nor any discontinuance of such assistance affects the legal status or respective obligations of any party to the adoption.

    Sec. 4. NRS 127.2817 is hereby amended to read as follows:

    127.2817  The division shall:

    1.  Adopt regulations setting forth the criteria to be used by the division or a licensed child-placing agency for determining whether a prospective adoptive home is suitable or unsuitable for the placement of a child for adoption; and

    2.  [If a determination is made pursuant to an investigation required by] Upon the completion of an investigation conducted by the division pursuant to NRS 127.120 or 127.2805 , inform the prospective adoptive parents of the results of the investigation. If, pursuant to the investigation, a determination is made that a prospective adoptive home is unsuitable for placement or detrimental to the interest of the child, the division shall provide the prospective adoptive [parent or] parents with an opportunity to review and respond to the investigation with the division before the issuance of the results of the investigation. The identity of those persons who are interviewed or submit information concerning the investigation must remain confidential.”.

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

“AN ACT relating to the adoption of children; requiring the provision of certain information and assistance to certain adoptive parents, prospective adoptive parents and other persons involved in the process of adoption; requiring, under certain circumstances, the division of child and family services of the department of human resources and a child-placing agency to schedule evaluations necessary to identify any special needs an adoptive child may have; and providing other”.

    Amend the summary of the bill to read as follows:

“SUMMARY—Requires provision of certain information and assistance to certain adoptive parents, prospective adoptive parents and other persons involved in adoption of child. (BDR 11‑1186)”.

    Assemblywoman Koivisto moved the adoption of the amendment.

    Remarks by Assemblywoman Koivisto.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 446.

    Bill read second time.

    The following amendment was proposed by the Committee on Judiciary:

    Amendment No. 373.

    Amend sec. 8, page 3, by deleting lines 42 through 45 and inserting:

“(c) Any information relating to the financial records of an applicant or licensee; and”.

    Amend sec. 8, page 3, line 47, before “pursuant” by inserting:

“and kept confidential”.

    Amend sec. 10, page 4, line 34, after “All” by inserting “disciplinary”.

    Assemblyman Anderson moved the adoption of the amendment.

    Remarks by Assemblyman Anderson.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 476.

    Bill read second time.

    The following amendment was proposed by the Committee on Transportation:

    Amendment No. 327.

    Amend the bill as a whole by deleting section 1 and renumbering sections 2 through 5 as sections 1 through 4.

    Amend sec. 2, pages 2 and 3, by deleting lines 23 through 49 on page 2 and lines 1 through 3 on page 3, and inserting:

    “6.  [To] Except as otherwise provided in subsection 8 of NRS 485.317, to reinstate the registration of a motor vehicle suspended pursuant to [NRS 485.317:] that section:

    (a) A fee of $250 for a registered owner who failed to have insurance on the date specified in the form for verification that was mailed by the department pursuant to subsection 2 of NRS 485.317; or

    (b) A fee of $50 for a registered owner of a dormant vehicle who canceled the insurance coverage for that vehicle or allowed the insurance coverage for that vehicle to expire without first canceling the registration for the vehicle in accordance with subsection 3 of NRS 485.320,

both of which must be deposited in the account for verification of insurance which is hereby created in the state highway fund. [Money] The money in the account must be used to carry out the provisions of NRS 485.313 to 485.318, inclusive.

    7.  For every travel trailer, a fee for registration of $27.”.

    Amend sec. 2, page 3, line 4, by deleting “[8.] 9.” and inserting “8.”.

    Amend sec. 2, page 3, line 6, by deleting “[9.] 10.” and inserting “9.”.

    Amend sec. 2, page 3, line 8, by deleting “[10.] 11.” and inserting “10.”.

    Amend sec. 3, page 4, line 28, by deleting “subsection 7,” and inserting:

“[subsection 7,] subsections 7 and 8,”.

    Amend sec. 3, page 4, line 34, by deleting the brackets and strike-through.

    Amend sec. 3, page 4, by deleting lines 43 and 44 and inserting:

“forth in paragraph (b) of subsection 6 of NRS 482.480.

    8.  If the department suspends the registration of a motor vehicle pursuant to subsection 4 because the registered owner of the motor vehicle failed to have insurance on the date specified in the form for verification, and if the registered owner, in accordance with regulations adopted by the department, proves to the satisfaction of the department that he was unable to comply with the provisions of NRS 485.185 on that date because of extenuating circumstances, the department may:

    (a) Reinstate the registration of the motor vehicle and reissue the license plates upon payment by the registered owner of a fee of $50, which must be deposited in the account for verification of insurance created by subsection 6 of NRS 482.480; or

    (b) Rescind the suspension of the registration without the payment of a fee.

The department shall adopt regulations to carry out the provisions of this subsection.

    9.  For the purposes of verification of insurance by the department.”.

    Amend the title of the bill to read as follows:

“AN ACT relating to motor vehicles; authorizing the department of motor vehicles and public safety to reinstate the registration of a motor vehicle that was suspended for lack of insurance under certain circumstances; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

“SUMMARY—Revises provisions governing reinstatement of registration of motor vehicle suspended for lack of insurance. (BDR 43‑865)”.

    Assemblywoman Chowning moved the adoption of the amendment.

    Remarks by Assemblywoman Chowning.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 487.

    Bill read second time.

    The following amendment was proposed by the Committee on Elections, Procedures, and Ethics:

    Amendment No. 314.

    Amend sec. 2, page 1, line 10, after “residency.” by inserting:

“Before accepting the challenge from the elector, the filing officer shall notify the elector that if the challenge is found by a court to be frivolous, the elector may be required to pay the reasonable attorney’s fees and court costs of the challenged person.”.

    Amend sec. 2, page 1, line 12, by deleting “and”.

    Amend sec. 2, page 1, by deleting line 13 and inserting:

    “(b) Have attached all documentation and evidence supporting the challenge; and

    (c) Be in the form of an affidavit, signed by the elector under penalty of perjury.”.

    Amend sec. 2, page 2, by deleting lines 5 through 13 and inserting:

    “4.  If the attorney general or district attorney determines that probable cause exists to support the challenge, the attorney general or district attorney shall, not later than 5 days after receiving the challenge, petition a court of competent jurisdiction to order the person to appear before the court. Upon receipt of such a petition, the court shall enter an order directing the person to appear before the court at a hearing, at a time and place to be fixed by the court in the order, to show cause why the challenge is not valid. A certified copy of the order must be served upon the person. The court shall give priority to such proceedings over all other matters pending with the court, except for criminal proceedings.

    5.  If, at the hearing, the court determines by a preponderance of the evidence that the challenge is valid or that the person otherwise fails to meet any qualification required for the office pursuant to the constitution or a statute of this state, or if the person fails to appear at the hearing:”.

    Amend sec. 2, page 2, between lines 19 and 20, by inserting:

    “6.  If, at the hearing, the court determines that the challenge is frivolous, the court may order the elector who filed the challenge to pay the reasonable attorney’s fees and court costs of the challenged person.”.

    Amend the bill as a whole by renumbering sections 6 through 8 as sections 7 through 9 and adding a new section designated sec. 6, following sec. 5, to read as follows:

    “Sec. 6. NRS 293.177 is hereby amended to read as follows:

    293.177  1.  Except as otherwise provided in NRS 293.165, a name may not be printed on a ballot to be used at a primary election unless the person named has filed a declaration of candidacy or an acceptance of candidacy, and paid the fee required by NRS 293.193 not earlier than the first Monday in May of the year in which the election is to be held nor later than 5 p.m. on the third Monday in May.

    2.  A declaration of candidacy or an acceptance of candidacy required to be filed by this section must be in substantially the following form:

    (a) For partisan office:

DECLARATION OF CANDIDACY OF .... FOR THE

OFFICE OF ........

State of Nevada

County of                             

For the purpose of having my name placed on the official ballot as a candidate for the ........ Party nomination for the office of ....., I, the undersigned ...., do swear or affirm under penalty of perjury that I actually, as opposed to constructively, reside at ....., in the City or Town of ...., County of ....., State of Nevada; that my actual, as opposed to constructive, residence in the state, district, county, township, city or other area prescribed by law to which the office pertains began on a date at least 30 days immediately preceding the date of the close of filing of declarations of candidacy for this office; that my telephone number is ……., and the address at which I receive mail, if different than my residence, is ……….; that I am registered as a member of the ........ Party; that I have not, in violation of the provisions of NRS 293.176, changed the designation of my political party or political party affiliation on an official application to register to vote in any state since September 1 before the closing filing date for this election; that I generally believe in and intend to support the concepts found in the principles and policies of that political party in the coming election; that if nominated as a candidate of the ........ Party at the ensuing election , I will accept that nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practices in campaigns and elections in this state; that I will qualify for the office if elected thereto, including, but not limited to, complying with any limitation prescribed by the constitution and laws of this state concerning the number of years or terms for which a person may hold the office; and that I understand that my name will appear on all ballots as designated in this declaration.

       

        (Designation of name)

       

        (Signature of candidate for office)

Subscribed and sworn to before

me this ... day of the month of .... of the year..

   

    Notary Public or other person

authorized to administer an oath

    (b) For nonpartisan office:

DECLARATION OF CANDIDACY OF .... FOR THE

OFFICE OF ........

State of Nevada

County of                             

For the purpose of having my name placed on the official ballot as a candidate for the office of ........, I, the undersigned ........, do swear or affirm under penalty of perjury that I actually, as opposed to constructively, reside at ....., in the City or Town of ...., County of ....., State of Nevada; that my actual, as opposed to constructive, residence in the state, district, county, township, city or other area prescribed by law to which the office pertains began on a date at least 30 days immediately preceding the date of the close of filing of declarations of candidacy for this office; that my telephone number is ……., and the address at which I receive mail, if different than my residence, is ……….; that if nominated as a nonpartisan candidate at the ensuing election , I will accept the nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practices in campaigns and elections in this state; that I will qualify for the office if elected thereto, including, but not limited to, complying with any limitation prescribed by the constitution and laws of this state concerning the number of years or terms for which a person may hold the office; and my name will appear on all ballots as designated in this declaration.

       

        (Designation of name)

       

        (Signature of candidate for office)

Subscribed and sworn to before

me this ... day of the month of .... of the year ..

   

    Notary Public or other person

authorized to administer an oath

    3.  A person may be a candidate under his given name and surname, a contraction or familiar form of his given name followed by his surname or the initial of his given name followed by his surname. A nickname of not more than 10 letters may be incorporated into a candidate’s name. The nickname must be in quotation marks and appear immediately before the candidate’s surname. A nickname must not indicate any political, economic, social or religious view or affiliation and must not be the name of any person, living or dead, whose reputation is known on a statewide, nationwide or worldwide basis, or in any other manner deceive a voter regarding the person or principles for which he is voting.

    4.  The address of a candidate which must be included in the declaration of candidacy or acceptance of candidacy pursuant to subsection 2 must be the street address of the residence where he actually, as opposed to constructively, resides in accordance with NRS 281.050, if one has been assigned. The declaration or acceptance of candidacy must not be accepted for filing if the candidate’s address is listed as a post office box unless a street address has not been assigned to his residence.

    5.  By filing the declaration or acceptance of candidacy, the candidate shall be deemed to have appointed the filing officer for the office as his agent for service of process for the purposes of a proceeding pursuant to section 2 of this act. Service of such process must first be attempted at the appropriate address as specified by the candidate in the declaration or acceptance of candidacy. If the candidate cannot be served at that address, service must be made by personally delivering to and leaving with the filing officer duplicate copies of the process. The filing officer shall immediately send, by registered or certified mail, one of the copies to the candidate at his specified address, unless the candidate has designated in writing to the filing officer a different address for that purpose, in which case the filing officer shall mail the copy to the last address so designated.”.

    Amend sec. 6, page 3, line 16, by deleting:

“7 and 8” and inserting:

“8 and 9”.

    Amend sec. 7, page 3, line 24, after “residency.” by inserting:

“Before accepting the challenge from the elector, the filing officer shall notify the elector that if the challenge is found by a court to be frivolous, the elector may be required to pay the reasonable attorney’s fees and court costs of the challenged person.”.

    Amend sec. 7, page 3, line 26, by deleting “and”.

    Amend sec. 7, page 3, by deleting line 27 and inserting:

    “(b) Have attached all documentation and evidence supporting the challenge; and

    (c) Be in the form of an affidavit, signed by the elector under penalty of perjury.”.

    Amend sec. 7, page 3, by deleting lines 30 through 37 and inserting:

    “4.  If the city attorney determines that probable cause exists to support the challenge, the city attorney shall, not later than 5 days after receiving the challenge, petition a court of competent jurisdiction to order the person to appear before the court. Upon receipt of such a petition, the court shall enter an order directing the person to appear before the court at a hearing, at a time and place to be fixed by the court in the order, to show cause why the challenge is not valid. A certified copy of the order must be served upon the person. The court shall give priority to such proceedings over all other matters pending with the court, except for criminal proceedings.

    5.  If, at the hearing, the court determines by a preponderance of the evidence that the challenge is valid or that the person otherwise fails to meet any qualification required for the office pursuant to the constitution or a statute of this state, or if the person fails to appear at the hearing:”.

    Amend sec. 7, page 3, between lines 43 and 44, by inserting:

    “6.  If, at the hearing, the court determines that the challenge is frivolous, the court may order the elector who filed the challenge to pay the reasonable attorney’s fees and court costs of the challenged person.”.

    Amend the bill as a whole by renumbering sections 9 through 11 as sections 11 through 13 and adding a new section designated sec. 10, following sec. 8, to read as follows:

    “Sec. 10. NRS 293C.185 is hereby amended to read as follows:

    293C.185  1.  Except as otherwise provided in NRS 293C.190, a name may not be printed on a ballot to be used at a primary city election, unless the person named has filed a declaration of candidacy or an acceptance of candidacy and paid the fee established by the governing body of the city not earlier than 70 days before the primary city election and not later than 5 p.m. on the 60th day before the primary city election.

    2.  A declaration of candidacy required to be filed by this section must be in substantially the following form:

DECLARATION OF CANDIDACY OF .... FOR THE

OFFICE OF ........

State of Nevada

City of   

For the purpose of having my name placed on the official ballot as a candidate for the office of ........, I, the undersigned ........, do swear or affirm under penalty of perjury that I actually, as opposed to constructively, reside at ..........., in the City or Town of ........, County of ........., State of Nevada; that my actual, as opposed to constructive, residence in the city, township or other area prescribed by law to which the office pertains began on a date at least 30 days immediately preceding the date of the close of filing of declarations of candidacy for this office; that my telephone number is ……., and the address at which I receive mail, if different than my residence, is ……….; that if nominated as a candidate at the ensuing election I will accept the nomination and not withdraw; that I will not knowingly violate any election , law or any law defining and prohibiting corrupt and fraudulent practices in campaigns and elections in this state; that I will qualify for the office if elected thereto, including, but not limited to, complying with any limitation prescribed by the constitution and laws of this state concerning the number of years or terms for which a person may hold the office; and my name will appear on all ballots as designated in this declaration.

       

        (Designation of name)

       

        (Signature of candidate for office)

Subscribed and sworn to before

me this ... day of the month of ..... of the year ...

   

    Notary Public or other person

authorized to administer an oath

    3.  A person may be a candidate under his given name and surname, a contraction or familiar form of his given name followed by his surname or the initial of his given name followed by his surname. A nickname of not more than 10 letters may be incorporated into a candidate’s name. The nickname must be in quotation marks and appear immediately before the candidate’s surname. A nickname must not indicate any political, economic, social or religious view or affiliation and must not be the name of any person, living or dead, whose reputation is known on a statewide, nationwide or worldwide basis, or in any other manner deceive a voter concerning the person or principles for which he is voting.

    4.  The address of a candidate that must be included in the declaration or acceptance of candidacy pursuant to subsection 2 must be the street address of the residence where he actually, as opposed to constructively, resides in accordance with NRS 281.050, if one has been assigned. The declaration or acceptance of candidacy must not be accepted for filing if the candidate’s address is listed as a post office box unless a street address has not been assigned to his residence.

    5.  By filing the declaration or acceptance of candidacy, the candidate shall be deemed to have appointed the city clerk as his agent for service of process for the purposes of a proceeding pursuant to section 8 of this act. Service of such process must first be attempted at the appropriate address as specified by the candidate in the declaration or acceptance of candidacy. If the candidate cannot be served at that address, service must be made by personally delivering to and leaving with the city clerk duplicate copies of the process. The city clerk shall immediately send, by registered or certified mail, one of the copies to the candidate at his specified address, unless the candidate has designated in writing to the city clerk a different address for that purpose, in which case the city clerk shall mail the copy to the last address so designated.”.

    Amend sec. 10, page 5, line 11, by deleting “7” and inserting “8”.

    Amend the title of the bill, second line, after “office;” by inserting:

“providing that a candidate for office is deemed to have designated the filing officer for his office as his agent for service of process for such challenges; revising the form for declaration or acceptance of candidacy;”.

    Assemblywoman Giunchigliani moved the adoption of the amendment.

    Remarks by Assemblywoman Giunchigliani.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 500.

    Bill read second time.

    The following amendment was proposed by the Committee on Judiciary:

    Amendment No. 348.

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

    “Section 1. Chapter 289 of NRS is hereby amended by adding a new section thereto to read as follows:

    1.  A peace officer shall not engage in racial profiling.

    2.  No retaliatory or punitive action may be taken against a peace officer who discloses information concerning racial profiling.

    3.  For purposes of this section, “racial profiling” means reliance by a peace officer upon the race, ethnicity or national origin of a person as a factor in initiating action when the race, ethnicity or national origin of the person is not part of an identifying description of a specific suspect for a specific crime.”.

    Amend section 1, page 1, by deleting lines 2 through 4 and inserting:

“stops by the Nevada Highway Patrol and in counties whose population is 100,000 or more by metropolitan police departments, sheriffs and their deputies, and city police chiefs and their deputies. Each such law”.

    Amend section 1, page 1, by deleting lines 6 through 8 and inserting:

    “2.  To carry out this study, the Attorney General shall, based upon the recommendations of the Director of the Department of Motor Vehicles and Public Safety and the heads of the affected local law enforcement agencies, prescribe the form and manner of collecting and transmitting information regarding each traffic stop. The information required to be collected and transmitted to the Attorney General must include,”.

    Amend sec. 2, page 2, by deleting line 33 and inserting:

    “Sec. 3.  1.  This section and section 2 of this act become effective upon”.

    Amend sec. 2, page 2, line 35, by deleting “section 1” and inserting “section 2”.

    Amend sec. 2, page 2, after line 35, by inserting:

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

    Amend the title of the bill, second line, after “by” by inserting:

“the Nevada Highway Patrol and by”.

    Amend the summary of the bill to read as follows:

“SUMMARY—Directs Attorney General to conduct study of traffic stops by Nevada Highway Patrol and by law enforcement officers in certain counties. (BDR 23‑386)”.

    Assemblyman Anderson moved the adoption of the amendment.

    Remarks by Assemblyman Anderson.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblyman Anderson moved that Assembly Bill No. 297 be taken from the Chief Clerk's desk and re-referred to the Committee on Ways and Means.

    Motion carried.

INTRODUCTION, FIRST READING AND REFERENCE

    Senate Bill No. 20.

    Assemblyman Parks moved that the bill be referred to the Committee on Judiciary.

    Motion carried.

    Senate Bill No. 39.

    Assemblyman Parks moved that the bill be referred to the Committee on Taxation.

    Motion carried.

    Senate Bill No. 62.

    Assemblyman Parks moved that the bill be referred to the Committee on Natural Resources, Agriculture, and Mining.

    Motion carried.

    Senate Bill No. 77.

    Assemblyman Parks moved that the bill be referred to the Committee on Transportation.

    Motion carried.

    Senate Bill No. 115.

    Assemblyman Parks moved that the bill be referred to the Committee on Education.

    Motion carried.

    Senate Bill No. 138.

    Assemblyman Parks moved that the bill be referred to the Committee on Ways and Means.

    Motion carried.

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblywoman Cegavske moved that Assembly Bill No. 8 be taken from the bottom of the General File and placed at the top of the General File.

    Motion carried.

general file and third reading

    Assembly Bill No. 8.

    Bill read third time.

    Remarks by Assemblymen Cegavske, Parnell, Von Tobel, Chowning, Ohrenschall, Carpenter, Nolan, Hettrick, Beers, Angle, Collins, Smith, Gustavson and Leslie.

    Potential conflict of interest declared by Assemblymen Von Tobel, Beers and Smith.

    Assemblymen Beers, Collins and Hettrick moved the previous question.

    Motion carried.

    The question being on the passage of Assembly Bill No. 8.

    Roll call on Assembly Bill No. 8:

    Yeas—21.

    Nays—Anderson, Arberry, Bache, Buckley, Carpenter, Chowning, Claborn, de Braga, Dini, Giunchigliani, Koivisto, Leslie, Manendo, McClain, Neighbors, Oceguera, Ohrenschall, Parnell, Perkins, Williams—20.

    Excused—Goldwater.

    Assembly Bill No. 8 having failed to receive a constitutional majority, Mr. Speaker pro Tempore declared it lost.

    Assembly Bill No. 155.

    Bill read third time.

    Remarks by Assemblymen Dini and Lee.

    Potential conflict of interest declared by Assemblyman Lee.

    Roll call on Assembly Bill No. 155:

    Yeas—40.

    Nays—None.

    Excused—Goldwater, Hettrick—2.

    Assembly Bill No. 155 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 173.

    Bill read third time.

    Remarks by Assemblyman Nolan.

    Roll call on Assembly Bill No. 173:

    Yeas—38.

    Nays—Collins, Lee—2.

    Excused—Goldwater, Hettrick—2.

    Assembly Bill No. 173 having received a two-thirds majority, Mr. Speaker pro Tempore declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 204.

    Bill read third time.

    Remarks by Assemblymen Buckley and Brower.

    Conflict of interest declared by Assemblyman Brower.

    Roll call on Assembly Bill No. 204:

    Yeas—39.

    Nays—None.

    Not Voting—Brower.

    Excused—Goldwater, Hettrick—2.

    Assembly Bill No. 204 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 208.

    Bill read third time.

    Remarks by Assemblymen Collins and Dini.

    Roll call on Assembly Bill No. 208:

    Yeas—24.

    Nays—Arberry, Bache, Brower, Buckley, Chowning, de Braga, Freeman, Giunchigliani, Koivisto, Leslie, Manendo, Oceguera, Ohrenschall, Perkins, Tiffany, Von Tobel—16.

    Excused—Goldwater, Hettrick—2.

    Assembly Bill No. 208 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed, as amended.

    Bill ordered transmitted to the Senate.

INTRODUCTION, FIRST READING AND REFERENCE

    Senate Bill No. 171.

    Assemblyman Parks moved that the bill be referred to the Committee on Judiciary.

    Motion carried.

    Senate Bill No. 175.

    Assemblyman Parks moved that the bill be referred to the Committee on Government Affairs.

    Motion carried.

    Senate Bill No. 191.

    Assemblyman Parks moved that the bill be referred to the Committee on Health and Human Services.

    Motion carried.

    Senate Bill No. 231.

    Assemblyman Parks moved that the bill be referred to the Committee on Judiciary.

    Motion carried.

    Senate Bill No. 249.

    Assemblyman Parks moved that the bill be referred to the Committee on Ways and Means.

    Motion carried.

    Senate Bill No. 271.

    Assemblyman Parks moved that the bill be referred to the Committee on Commerce and Labor.

    Motion carried.

    Senate Bill No. 283.

    Assemblyman Parks moved that the bill be referred to the Committee on Judiciary.

    Motion carried.

    Senate Bill No. 300.

    Assemblyman Parks moved that the bill be referred to the Committee on Health and Human Services.

    Motion carried.

    Senate Bill No. 324.

    Assemblyman Parks moved that the bill be referred to the Committee on Health and Human Services.

    Motion carried.

    Senate Bill No. 328.

    Assemblyman Parks moved that the bill be referred to the Committee on Health and Human Services.

    Motion carried.

    Senate Bill No. 330.

    Assemblyman Parks moved that the bill be referred to the Committee on Commerce and Labor.

    Motion carried.

    Senate Bill No. 358.

    Assemblyman Parks moved that the bill be referred to the Committee on Natural Resources, Agriculture, and Mining.

    Motion carried.

    Senate Bill No. 395.

    Assemblyman Parks moved that the bill be referred to the Committee on Government Affairs.

    Motion carried.

    Senate Bill No. 420.

    Assemblyman Parks moved that the bill be referred to the Committee on Commerce and Labor.

    Motion carried.

    Senate Bill No. 467.

    Assemblyman Parks moved that the bill be referred to the Committee on Natural Resources, Agriculture, and Mining.

    Motion carried.

    Senate Bill No. 500.

    Assemblyman Parks moved that the bill be referred to the Concurrent Committees on Education and Ways and Means.

    Motion carried.

    Senate Bill No. 502.

    Assemblyman Parks moved that the bill be referred to the Committee on Government Affairs.

    Motion carried.

    Senate Bill No. 504.

    Assemblyman Parks moved that the bill be referred to the Committee on Judiciary.

    Motion carried.

    Senate Bill No. 512.

    Assemblyman Parks moved that the bill be referred to the Committee on Commerce and Labor.

    Motion carried.

    Senate Bill No. 547.

    Assemblyman Parks moved that the bill be referred to the Committee on Judiciary.

    Motion carried.

    Senate Bill No. 557.

    Assemblyman Parks moved that the bill be referred to the Committee on Taxation.

    Motion carried.

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblywoman Buckley moved that the Assembly recess until 4:30 p.m.

    Motion carried.

    Assembly in recess at 1:36 p.m.

ASSEMBLY IN SESSION

    At 4:54 p.m.

    Mr. Speaker presiding.

    Quorum present.

MESSAGES FROM THE Senate

Senate Chamber, Carson City, April 18, 2001

To the Honorable the Assembly:

    I have the honor to inform your honorable body that the Senate amended, and on this day passed, as amended, Assembly Bill No. 369, Amendment Nos. 354, 355, 557, and respectfully requests your honorable body to concur in said amendments.

    Also, I have the honor to inform your honorable body that the Senate on this day adopted Senate Concurrent Resolution No. 35.

                                                                                    Mary Jo Mongelli

                                                                             Assistant Secretary of the Senate

UNFINISHED BUSINESS

Consideration of Senate Amendments

    Assembly Bill No. 369.

    The following Senate amendment was read:

    Amendment No. 354.

    Amend the bill as a whole by deleting sections 1 through 34 and adding new sections designated sections 1 through 39, following the enacting clause, to read as follows:

    “Section 1.  NRS 703.010 is hereby amended to read as follows:

    703.010  As used in this chapter, unless the context otherwise requires:

    1.  “Alternative seller” [has the meaning ascribed to it in NRS 704.967.] means a person who sells any competitive, discretionary or potentially competitive component of natural gas service pursuant to NRS 704.993 to 704.999, inclusive.

    2.  “Commission” means the public utilities commission of Nevada.

    Sec. 2.  NRS 703.025 is hereby amended to read as follows:

    703.025  1.  The commission, by majority vote, shall organize the commission into sections, alter the organization of the commission and reassign responsibilities and duties of the sections of the commission as the commission deems necessary to provide:

    (a) Advice and guidance to the commission on economic policies relating to utilities under the jurisdiction of the commission, and the regulation of such utilities;

    (b) Administrative, technical, legal and support services to the commission; and

    (c) For the regulation of utilities governed by the commission and the services offered by such utilities, including, but not limited to, licensing of such utilities and services and the resolution of consumer complaints.

    2.  The commission shall:

    (a) Formulate the policies of the various sections of the commission;

    (b) Coordinate the activities of the various sections of the commission;

    (c) [Take such] If customers are authorized by a specific statute to obtain a competitive, discretionary or potentially competitive utility service, take any actions which are consistent with [law as] the statute and which are necessary to encourage and enhance:

        (1) A competitive market for the provision of that utility [services] service to customers in this state; and

        (2) The reliability and safety of the provision of [those services] that utility service within that competitive market; and

    (d) Adopt such regulations consistent with law as the commission deems necessary for the operation of the commission and the enforcement of all laws administered by the commission.

    3.  Before reorganizing the commission, the commission shall submit the plan for reorganization to:

    (a) The director of the legislative counsel bureau for transmittal to the appropriate legislative committee and the interim finance committee; and

    (b) The director of the department of administration.

    Sec. 3.  NRS 703.130 is hereby amended to read as follows:

    703.130  1.  The commission shall appoint a deputy commissioner who shall serve in the unclassified service of the state.

    2.  The commission shall appoint a secretary who shall perform such administrative and other duties as are prescribed by the commission. The commission shall also appoint an assistant secretary.

    3.  The commission may employ such other clerks, experts or engineers as may be necessary.

    4.  [The commission may] Except as otherwise provided in subsection 5, the commission:

    (a) May appoint one or more hearing officers for a period specified by the commission to conduct proceedings or hearings that may be conducted by the commission pursuant to chapters 704, 704A, 705, 708 and 711 of NRS. [The commission shall]

    (b) Shall prescribe by regulation the procedure for appealing a decision of a hearing officer to the commission.

    5.  The commission shall not appoint a hearing officer to conduct proceedings or hearings pursuant to sections 8 to 18, inclusive, of this act.

    Sec. 4.  NRS 703.151 is hereby amended to read as follows:

    703.151  In adopting regulations pursuant to this Title relating to the provision of electric service, the commission shall ensure that the regulations:

    1.  [Maximize the benefits of a competitive marketplace for the provision of electric services;

    2.  Maintain, to the extent possible, even and fair competition among providers of electric service;

    3.  Ensure the flexibility necessary for existing utilities that provide energy to enter into a deregulated market;

    4.  Foster innovation in the provision of electric services;

    5.  Ensure and enhance reliability and safety in the provision of electric services;

    6.  Provide for flexible mechanisms for regulating electric services; and

    7.] Protect, further and serve the public interest;

    2.  Provide effective protection [of persons] for customers who depend upon electric [services.] service;

    3.  Provide for stability in rates and for the availability and reliability of electric service;

    4.  Encourage the development and use of renewable energy resources; and

    5.  Require providers of electric service to engage in prudent business management, effective long-term planning, responsible decision making, sound fiscal strategies and efficient operations.

    Sec. 5.  NRS 703.320 is hereby amended to read as follows:

    703.320  1.  [When, in] In any matter pending before the commission, if a hearing is required by [law,] a specific statute or is [normally] otherwise required by the commission, the commission shall give notice of the pendency of the matter to all persons entitled to notice of the hearing. The commission shall by regulation specify:

    (a) The manner of giving notice[;] in each type of proceeding; and

    (b) [Where not specified by law, the] The persons entitled to notice in each type of proceeding.

    2.  [Unless,] The commission shall not dispense with a hearing in any matter pending before the commission pursuant to sections 8 to 18, inclusive, of this act.

    3.  In any other matter pending before the commission, the commission may dispense with a hearing and act upon the matter pending unless, within 10 days after the date of the notice of pendency, a person entitled to notice of the hearing files with the commission a request that the hearing be held . [, the commission may dispense with a hearing and act upon the matter pending.

    3.] If such a request for a hearing is filed, the commission shall give at least 10 days’ notice of the hearing.

    Sec. 6.  Chapter 704 of NRS is hereby amended by adding thereto the provisions set forth as sections 7 to 19, inclusive, of this act.

    Sec. 7.  As used in this section and NRS 704.330 to 704.430, inclusive, unless the context otherwise requires, “electric utility” has the meaning ascribed to it in section 12 of this act.

    Sec. 8.  As used in sections 8 to 18, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 9 to 15, inclusive, of this act have the meanings ascribed to them in those sections.

    Sec. 9.  “Affiliate” means a person who, directly or indirectly through one or more intermediaries, controls, is controlled by or is under common control with an electric utility.

    Sec. 10.  “Consumer’s advocate” means the consumer’s advocate of the bureau of consumer protection in the office of the attorney general.

    Sec. 11.  “Dispose of a generation asset” means to:

    1.  Sell, lease, assign, transfer or divest an interest in a generation asset, in whole or in part, to another person; or

    2.  Perform any promise, covenant or obligation to sell, lease, assign, transfer or divest an interest in a generation asset, in whole or in part, to another person pursuant to the terms of a contract or agreement executed before, on or after the effective date of this act unless, before the effective date of this act:

    (a) All terms and conditions of the contract or agreement were satisfied; and

    (b) All parties to the contract or agreement fully performed all promises, covenants and obligations under the contract or agreement.

    Sec. 12.  1.  “Electric utility” means:

    (a) Any public utility or successor in interest that:

        (1) Is in the business of providing electric service to customers;

        (2) Holds a certificate of public convenience and necessity issued or transferred pursuant to this chapter; and

        (3) In the most recently completed calendar year or in any other calendar year within the 7 calendar years immediately preceding the most recently completed calendar year, had a gross operating revenue of $250,000,000 or more in this state;

    (b) A subsidiary or affiliate of such a public utility;

    (c) A holding company or other person that holds a controlling interest in such a public utility; and

    (d) A successor in interest to any public utility, subsidiary, affiliate, holding company or person described in paragraph (a), (b) or (c).

    2.  The term does not include a cooperative association, nonprofit corporation, nonprofit association or provider of electric service which is declared to be a public utility pursuant to NRS 704.673 and which provides service only to its members.

    Sec. 13.  1.  “Generation asset” means any plant, facility, equipment or system that:

    (a) Converts other forms of energy into electricity or otherwise produces electricity;

    (b) Is or was owned, possessed, controlled, leased, operated, administered, maintained, acquired or placed into service by an electric utility before, on or after January 1, 2001;

    (c) Is subject, in whole or in part, to regulation by the commission; and

    (d) Is used and useful for the convenience of the public in this state, as determined by the commission.

    2.  The term does not include:

    (a) Any hydroelectric plant, facility, equipment or system which has a generating capacity of not more than 15 megawatts and which is located on the Truckee River or on a waterway that is appurtenant to or connected to the Truckee River.

    (b) Any net metering system, as defined in NRS 704.771.

    Sec. 14.  1.  “Interest in a generation asset” means any interest, in whole or in part, in the physical plant, facility, equipment or system that makes up the generation asset, whether such interest is legal or equitable, present or future, or contingent or vested.

    2.  The term does not include any interest in the electricity or other energy produced by the generation asset.

    Sec. 15.  “Person” means:

    1.  A natural person;

    2.  Any form of business or social organization and any other nongovernmental legal entity, including, without limitation, a corporation, partnership, association, trust or unincorporated organization;

    3.  A government or an agency or instrumentality of a government, including, without limitation, this state or an agency or instrumentality of this state; and

    4.  A political subdivision of this state or of any other government or an agency or instrumentality of a political subdivision of this state or of any other government.

    Sec. 16.  Except as otherwise provided in section 17 of this act:

    1.  Before July 1, 2003, an electric utility shall not dispose of a generation asset.

    2.  On or after July 1, 2003, an electric utility shall not dispose of a generation asset unless, before the disposal, the commission approves the disposal by a written order issued in accordance with the provisions of this section.

    3.  Not sooner than January 1, 2003, an electric utility may file with the commission an application to dispose of a generation asset on or after July 1, 2003. If an electric utility files such an application, the commission shall not approve the application unless the commission finds that the disposal of the generation asset will be in the public interest. The commission shall issue a written order approving or disapproving the application. The commission may base its approval of the application upon such terms, conditions or modifications as the commission deems appropriate.

    4.  If an electric utility files an application to dispose of a generation asset, the consumer’s advocate shall be deemed a party of record.

    5.  If the commission approves an application to dispose of a generation asset before July 1, 2003, the order of the commission approving the application:

    (a) May not become effective sooner than July 1, 2003;

    (b) Does not create any vested rights before the effective date of the order; and

    (c) For the purposes of NRS 703.373, shall be deemed a final decision on the date on which the order is issued by the commission.

    Sec. 17.  1.  An electric utility may dispose of its generation assets pursuant to a merger, acquisition or transaction that is authorized pursuant to NRS 704.329 or pursuant to a transfer of its certificate of public convenience and necessity that is authorized pursuant to NRS 704.410, if:

    (a) The electric utility disposes of substantially all of its generation assets and substantially all of its other assets to the other person in the merger, acquisition, transaction or transfer; and

    (b) The other person in the merger, acquisition, transaction or transfer is not a subsidiary or affiliate of the electric utility or a holding company or other person that holds a controlling interest in the electric utility.

    2.  Any person who assumes or has assumed ownership, possession, control, operation, administration or maintenance of a generation asset pursuant to a merger, acquisition, transaction or transfer described in subsection 1 is subject to the provisions of sections 8 to 18, inclusive, of this act.

    Sec. 18.  If an electric utility disposes of a generation asset in violation of sections 8 to 18, inclusive, of this act, the disposal is void and unenforceable and is not valid for any purpose.

    Sec. 19.  1.  Except as otherwise provided in section 36 of this act, beginning on March 1, 2001, an electric utility that purchases fuel or power shall use deferred accounting by recording upon its books and records in deferred accounts all increases and decreases in costs for purchased fuel and purchased power that are prudently incurred by the electric utility.

    2.  An electric utility using deferred accounting shall include in its annual report to the commission a statement showing, for the period of recovery, the allocated rate of return for each of its operating departments in this state using deferred accounting. If, during the period of recovery, the rate of return for any operating department using deferred accounting is greater than the rate of return authorized by the commission in the most recently completed rate proceeding for the electric utility, the commission shall order the electric utility that recovered costs for purchased fuel or purchased power through its rates during the reported period to transfer to the next energy adjustment period that portion of the amount recovered by the electric utility that exceeds the authorized rate of return.

    3.  Except as otherwise provided in subsection 4, an electric utility using deferred accounting shall file an application to clear its deferred accounts after the end of each 12-month period of deferred accounting.

    4.  An electric utility using deferred accounting may file an application to clear its deferred accounts after the end of a 6-month period of deferred accounting if the net increase or decrease in revenues necessary to clear its deferred accounts for the 6-month period is more than 5 percent of the total revenues generated by the electric utility during that period from its rates for purchased fuel and purchased power most recently authorized by the commission.

    5.  The commission shall adopt regulations prescribing the period within which an electric utility must file an application to clear its deferred accounts after the end of a period of deferred accounting.

    6.  As used in this section:

    (a) “Application to clear its deferred accounts” means an application filed by an electric utility pursuant to this section and subsection 7 of NRS 704.110.

    (b) “Costs for purchased fuel and purchased power” means all costs which are prudently incurred by an electric utility and which are required to purchase fuel, to purchase capacity and to purchase energy.

    (c) “Electric utility” means any public utility or successor in interest that:

        (1) Is in the business of providing electric service to customers;

        (2) Holds a certificate of public convenience and necessity issued or transferred pursuant to this chapter; and

        (3) In the most recently completed calendar year or in any other calendar year within the 7 calendar years immediately preceding the most recently completed calendar year, had a gross operating revenue of $250,000,000 or more in this state.

The term does not include a cooperative association, nonprofit corporation, nonprofit association or provider of electric service which is declared to be a public utility pursuant to NRS 704.673 and which provides service only to its members.

    Sec. 20.  NRS 704.030 is hereby amended to read as follows:

    704.030  “Public utility” or “utility” does not include:

    1.  Persons engaged in the production and sale of natural gas, other than sales to the public, or engaged in the transmission of natural gas other than as a common carrier transmission or distribution line or system.

    2.  Persons engaged in the business of furnishing, for compensation, water or services for the disposal of sewage, or both, to persons within this state if:

    (a) They serve 25 persons or less; and

    (b) Their gross sales for water or services for the disposal of sewage, or both, amounted to $5,000 or less during the immediately preceding 12 months.

    3.  Persons not otherwise engaged in the business of furnishing, producing or selling water or services for the disposal of sewage, or both, but who sell or furnish water or services for the disposal of sewage, or both, as an accommodation in an area where water or services for the disposal of sewage, or both, are not available from a public utility, cooperative corporations and associations or political subdivisions engaged in the business of furnishing water or services for the disposal of sewage, or both, for compensation, to persons within the political subdivision.

    4.  Persons who are engaged in the production and sale of energy, including electricity, to public utilities, cities, counties or other entities which are reselling the energy to the public.

    5.  Persons who are subject to the provisions of NRS 590.465 to 590.645, inclusive.

    6.  Persons who are engaged in the sale or use of special fuel as defined in NRS 366.060.

    7.  [Persons who are licensed as alternative sellers to provide electric services.

    8.] Persons who provide water from water storage, transmission and treatment facilities if those facilities are for the storage, transmission or treatment of water from mining operations.

    Sec. 21.  NRS 704.110 is hereby amended to read as follows:

    704.110  Except as otherwise provided in NRS 704.075 or as otherwise provided by the commission pursuant to NRS 704.095 or 704.097:

    1.  Whenever there is filed with the commission any schedule stating a new or revised individual or joint rate or charge, or any new or revised individual or joint regulation or practice affecting any rate or charge, or any schedule resulting in a discontinuance, modification or restriction of service, the commission may, upon complaint or upon its own motion without complaint, at once, without answer or formal pleading by the interested utility, investigate or, upon reasonable notice, conduct a hearing concerning the propriety of the rate, charge, classification, regulation, discontinuance, modification, restriction or practice.

    2.  Pending the investigation or hearing and the decision thereon, the commission, upon delivering to the utility affected thereby a statement in writing of its reasons for the suspension, may suspend the operation of the schedule and defer the use of the rate, charge, classification, regulation, discontinuance, modification, restriction or practice . [, but] If the rate, charge, classification, regulation, discontinuance, modification, restriction or practice is part of:

    (a) A filing made pursuant to subsection 7, the suspension must not be effective for more than 90 days beyond the time when the rate, charge, classification, regulation, discontinuance, modification, restriction or practice would otherwise go into effect.

    (b) Any other filing made pursuant to this section, the suspension must not be effective for more than 150 days beyond the time when the rate, charge, classification, regulation, discontinuance, modification, restriction or practice would otherwise go into effect.

    3.  Whenever there is filed with the commission any schedule stating an increased individual or joint rate or charge for service or equipment, the public utility shall submit with its application a statement showing the recorded results of revenues, expenses, investments and costs of capital for its most recent 12 months for which data were available when the application was prepared. During any hearing concerning the increased rates or charges determined by the commission to be necessary, the commission shall consider evidence in support of the increased rates or charges based upon actual recorded results of operations for the same 12 months, adjusted for increased revenues, any increased investment in facilities, increased expenses for depreciation, certain other operating expenses as approved by the commission and changes in the costs of securities which are known and are measurable with reasonable accuracy at the time of filing and which will become effective within 6 months after the last month of those 12 months, but no new rates or charges may be placed into effect until the changes have been experienced and certified by the utility to the commission. The commission shall also consider evidence supporting expenses for depreciation, calculated on an annual basis, applicable to major components of the public utility’s plant placed into service during the recorded test period or the period for certification as set forth in the application. Adjustments to revenues, operating expenses and costs of securities must be calculated on an annual basis. Within 90 days after the filing with the commission of the certification required in this subsection, or before the expiration of any period of suspension ordered pursuant to subsection 2, whichever time is longer, the commission shall make such order in reference to those rates or charges as is required by this chapter. An electric utility shall file a general rate application pursuant to this subsection at least once every 24 months.

    4.  After full investigation or hearing, whether completed before or after the date upon which the rate, charge, classification, regulation, discontinuance, modification, restriction or practice is to go into effect, the commission may make such order in reference to the rate, charge, classification, regulation, discontinuance, modification, restriction or practice as would be proper in a proceeding initiated after the rate, charge, classification, regulation, discontinuance, modification, restriction or practice has become effective.

    5.  Except as otherwise provided in subsection 6, whenever a general rate application for an increased rate or charge for, or classification, regulation, discontinuance, modification, restriction or practice involving service or equipment has been filed with the commission, a public utility shall not submit another general rate application until all pending general rate applications for increases in rates submitted by that public utility have been decided unless, after application and hearing, the commission determines that a substantial financial emergency would exist if the other application is not permitted to be submitted sooner.

    6.  A public utility may [not] file an application to recover the increased cost of purchased fuel, purchased power, or natural gas purchased for resale [more often than] once every 30 days. The provisions of this subsection do not apply to an electric utility using deferred accounting pursuant to section 19 of this act.

    7.  Whenever an electric utility using deferred accounting pursuant to section 19 of this act files an application to clear its deferred accounts and to change one or more of its rates or charges based upon changes in the costs for purchased fuel or purchased power, the commission, after a public hearing and by an appropriate order:

    (a) Shall allow the electric utility to clear its deferred accounts by refunding any credit balance or recovering any debit balance over a period not to exceed 3 years, as determined by the commission.

    (b) Shall not allow the electric utility to recover any debit balance, or portion thereof, in an amount that would result in a rate of return during the period of recovery that exceeds the rate of return authorized by the commission in the most recently completed rate proceeding for the electric utility.

    8.  Whenever an electric utility files an application to clear its deferred accounts pursuant to subsection 7 while a general rate application is pending, the electric utility shall:

    (a) Submit with its application to clear its deferred accounts information relating to the cost of service and rate design; and

    (b) Supplement its general rate application with the same information, if such information was not submitted with the general rate application.

    9.  A utility facility identified in a 3-year plan submitted pursuant to NRS 704.741 and accepted by the commission for acquisition or construction pursuant to NRS 704.751 and the regulations adopted pursuant thereto shall be deemed to be a prudent investment. The utility may recover all just and reasonable costs of planning and constructing such a facility.

    10.  As used in this section, “electric utility” has the meaning ascribed to it in section 19 of this act.

    Sec. 22.  NRS 704.329 is hereby amended to read as follows:

    704.329  1.  Except as otherwise provided in [subsection 4, no person may]this section, a person shall not merge with, directly acquire, indirectly acquire through a subsidiary or affiliate, or otherwise directly or indirectly obtain control of a public utility doing business in this state or an entity that holds a controlling interest in such a public utility without first submitting to the commission an application for authorization of the proposed merger, acquisition or other transaction and obtaining authorization from the commission .[pursuant to subsection 2.]

    2.  Any merger, acquisition or [change in control in violation]other transaction that violates the provisions of this section is void and unenforceable andis not valid for any purpose.

    [2.] 3. Before authorizing [the]a proposed merger, acquisition or [change in control of a public utility doing business in this state,]other transaction pursuant to this section, the commission shall consider the effect of the proposed merger, acquisition or other transaction [. If]on the public interest and the customers in this state. The commission shall not authorize the proposed merger, acquisition or other transaction unless the commission finds that the proposed merger, acquisition or [change in control is]other transaction:

    (a) Will be in the public interest [, the commission shall authorize the proposed transaction.

    3.]; and

    (b) Complies with the provisions of sections 8 to 18, inclusive, of this act, if the proposed merger, acquisition or other transaction is subject to those provisions.

    4.  The commission may base its authorization of the proposed merger, acquisition or other transaction upon such terms, conditions or modifications as the commission deems appropriate.

    5.  If the commission does not issue a final [determination]order regarding the proposed merger, acquisition or other transaction within 180 days after the date on which an application or amended application for authorization of the proposed merger, acquisition or other transaction was filed with the commission, and the proposed merger, acquisition or other transaction is not subject to the provisions of sections 8 to 18, inclusive, of this act,the proposed merger, acquisition or other transaction shall be deemed [approved.]to be authorized by the commission.

    [4.] 6. The provisions of this section do not apply to the transfer of stock of a public utility doing business in this state or to the transfer of the stock of an entity holding a controlling interest in such a public utility, if a transfer of not more than 25 percent of the common stock of such a public utility or entity is proposed.

    Sec. 23.  NRS 704.370 is hereby amended to read as follows:

    704.370  1.  The commission shall have the power, after hearing, to issue or refuse such certificate of public convenience, or to issue it for the construction of a portion only of the contemplated line, plant or systems, or extension thereof, and may attach thereto such terms and conditions as, in its judgment, the public convenience and necessity may require.

    2.  [The] Except as otherwise provided in subsection 3, the commission, in its discretion[,] and after investigation, may dispense with the hearing on the application if, upon the expiration of the time fixed in the notice thereof, no protest against the granting of the [certificate] application has been filed by or on behalf of any interested person.

    3.  The commission shall not dispense with the hearing on the application of an electric utility.

    Sec. 24.  NRS 704.390 is hereby amended to read as follows:

    704.390  1.  It [shall be] is unlawful for any public utility to discontinue, modify or restrict service to any city, town, municipality, community or territory theretofore serviced by it, except upon 30 days’ notice filed with the commission, specifying in detail the character and nature of the discontinuance or restriction of the service intended, and upon order of the commission, made after hearing, permitting such discontinuance, modification or restriction of service.

    2.  [The] Except as otherwise provided in subsection 3, the commission , in its discretion and after investigation, may dispense with the hearing on the application for discontinuance, modification or restriction of service[,] if, upon the expiration of the time fixed in the notice thereof, no protest against the granting of the application has been filed by or on behalf of any interested person.

    3.  The commission shall not dispense with the hearing on the application of an electric utility.

    Sec. 25.  NRS 704.410 is hereby amended to read as follows:

    704.410  1.  Any public utility subject to the provisions of NRS [704.005] 704.001 to 704.751, inclusive, and sections 8 to 18, inclusive, of this act to which a certificate of public convenience and necessity has been issued pursuant to NRS [704.005] 704.001 to 704.751, inclusive, and sections 8 to 18, inclusive, of this act may transfer the certificate to any person qualified under NRS [704.005] 704.001 to 704.751, inclusive, [but the] and sections 8 to 18, inclusive, of this act. Such a transfer is void and unenforceable and is not valid for any purpose [until a] unless:

    (a) A joint application to make the transfer has been made to the commission by the transferor and the transferee [, and the] ; and

    (b) The commission has authorized the substitution of the transferee for the transferor. If the transferor is an electric utility, the commission shall not authorize the transfer unless the transfer complies with the provisions of sections 8 to 18, inclusive, of this act.

    2.  The commission [may] :

    (a) Shall conduct a hearing on a transfer involving an electric utility. The hearing must be noticed and conducted in the same manner as other contested hearings before the commission.

    (b) May direct that a hearing be [had in the matter of the transfer.] conducted on a transfer involving any other public utility. If the commission determines that such a hearing should be held, the hearing must be noticed and conducted in the same manner as other contested hearings before the commission.

    [3.  The commission has the sole discretion to direct that a hearing be held if the application seeks to transfer the certificate from a person or partners to a corporation when the officers of the corporation will be substantially the same person or partners.

    4.] The commission may dispense with such a hearing if, upon the expiration of the time fixed in the notice thereof, no protest to the proposed transfer has been filed by or on behalf of any interested person.

    [5.] 3. In determining whether the transfer of a certificate of public convenience and necessity to an applicant transferee should be authorized, the commission must take into consideration:

    (a) The utility service performed by the transferor and the proposed utility service of the transferee;

    (b) Other authorized utility services in the territory for which the transfer is sought; [and]

    (c) Whether the transferee is fit, willing and able to perform the services of a public utility and whether the proposed operation will be consistent with the legislative policies set forth in NRS [704.005] 704.001 to 704.751, inclusive[.

    6.] , and sections 8 to 18, inclusive, of this act; and

    (d) Whether the transfer will be in the public interest.

    4. The commission may make such amendments, restrictions or modifications in a certificate upon transferring it as the public interest requires.

    [7.] 5. No transfer is valid beyond the life of the certificate transferred.

    Sec. 26.  NRS 704.430 is hereby amended to read as follows:

    704.430  1.  Any person, firm, association or corporation who [shall violate] violates any provisions of NRS 704.330 to [704.410,] 704.430, inclusive, and section 7 of this act shall be punished by a fine of not more than $250.

    2.  Each day’s operation without a certificate as provided in NRS 704.330 to [704.410,] 704.430, inclusive, and section 7 of this act or each day that service is discontinued, modified or restricted, as defined in NRS 704.330 to [704.410, inclusive, shall] 704.430, inclusive, and section 7 of this act must be considered a separate offense.

    Sec. 27.  NRS 704.961 is hereby amended to read as follows:

    704.961  The commission [shall expend up to $500,000] may expend money from its reserve account to provide education and informational services necessary to educate and inform the residents in this state on issues related to the provision of [competitive] utility services in this state. The commission [shall] may contract with an independent person to provide such educational and informational services.

    Sec. 28.  NRS 704.989 is hereby amended to read as follows:

    704.989  1.  The commission shall establish portfolio standards for domestic energy that [sets]set forth the minimum percentage of the total amount of electricity sold by an electric utility to its retail customers in this state during each calendar year that must be derived from renewable energy resources. The portfolio standards must:

    (a) [Be] On January 1, 2001, be set at two-tenths of [one] 1 percent of the total amount of electricity [annually consumed] sold by the electric utility to its retail customers in this state [as of January 1, 2001.

    (b) Be increased biannually thereafter] during the immediately preceding calendar year.

    (b) On January 1 of each successive odd-numbered year, be increased by two-tenths of [one] 1 percent of the total [annual electric consumption] amount of electricity sold by the electric utility to its retail customers in this state during the immediately preceding calendar year until the [standard reaches] portfolio standards reach a total of 1 percent of the total amount of electricity [consumed.] sold by the electric utility to its retail customers in this state during the immediately preceding calendar year.

    (c) Be derived from not less than 50 percent renewable energy resources.

    (d) Be derived from not less than 50 percent solar renewable energy systems.

    (e) Be based on renewable energy credits, if applicable.

    2.  Each [vertically integrated] electric utility [and alternative seller that provides electric service in this state] shall comply with the portfolio [standard]standards established by the commission pursuant to this section. At the end of each calendar year, each [vertically integrated] electric utility [and alternative seller] shall submit a report, in a format approved by the commission, of the quantity of renewable energy and credits, if applicable, that the electric utility [or alternative seller] generated, purchased, sold and traded to meet the portfoliostandards . [of the portfolio.]

    3.  In establishing the portfolio standardspursuant to this section, the commission may establish a system of credits pursuant to whichan electric utility [and alternative seller] may comply with the provisions of this section. A system of credits must provide that:

    (a) Credits are issued for renewable energy resources for each kilowatt hour of energy which it produces; and

    (b) Holders of credits may trade or sell the credits to other parties.

    4.  For the purposes of this section, [a vertically integrated electric utility which,]if, on January 1, 1997, [has]at least9 percent of [its electricity consumed by]the total amount of electricity sold by an electric utility to its retail customers [served by]in this state during the immediately preceding calendar year was derived from renewable energy resources , the electric utilityshall be deemed to be in compliance until January 1, 2005, with the portfolio standards established by the commission pursuant to this section. Between January 1, 2005, and December 31, 2009, such [a vertically integrated]anelectric utility [and its affiliated alternative seller, if any, shall reach a total of]shall have one-half of 1 percent of the total amount of electricity [consumed by]sold to its retail customers [,]in this state, increased in annual increments of one-tenth of 1 percent [, in]during each calendar year of that period, derived from solar energy resources for full compliance with the portfolio [standard] standardsestablished by the commission pursuant to this section.

    5.  [The]In addition to the report required by subsection 2, eachelectric utility [and alternative seller] shall submit a report [to], in a format approved bythe commission , that provides information relating to the compliance by the [vertically integrated] electric utility [or alternative seller] with the requirements of this section. Such reports must be made at least annually, unless the commission by regulation determines that such reports must be made more frequently than annually, and must include clear and concise information that sets forth:

    (a) If the [vertically integrated] electric utility installed a renewable energy system during the period for which the report is being made, the date of installation;

    (b) The capacity of renewable energy systems of the [vertically integrated] electric utility ;[or alternative seller;]

    (c) The amount of production of energy from the renewable energy systems;

    (d) The portion of the production of energy that is directly derived from renewable energy resources;

    (e) The quantity of energy from renewable energy systems that is transmitted or distributed, or both, to retail customers in this state by the [vertically integrated] electric utility ;[or alternative seller;] and

    (f) Such other information that the commission by regulation may deem relevant.

    6.  [Nothing in this section applies]The provisions of this section do not applyto:

    (a) Rural electric cooperatives established pursuant to chapter 81 of NRS;

    (b) General improvement districts established pursuant to chapter 318 of NRS; or

    (c) Utilities established pursuant to chapter 709 or 710 of NRS.

    7.  As used in this section:

    (a) “Electric utility” has the meaning ascribed to it in section 19 of this act.

    (b) “Renewable energy resources” means wind, solar, geothermal and biomass energy resources [in this state] that are naturally regenerated.

    [(b)] (c) “Renewable energy system” means an energy system [in this state] that utilizes renewable energy resources to produce electricity or solar thermal energy systems that reduce the consumption of electricity that was installed and commenced operations after July 1, 1997.

    Sec. 29.  NRS 228.360 is hereby amended to read as follows:

    228.360  The consumer’s advocate [may,] :

    1.  Shall intervene in and represent the public interest in all proceedings conducted pursuant to sections 8 to 18, inclusive, of this act.

    2.  May, with respect to all public utilities except railroads and cooperative utilities, and except as provided in NRS 228.380:

    [1.] (a) Conduct or contract for studies, surveys, research or expert testimony relating to matters affecting the public interest or the interests of utility customers.

    [2.] (b) Examine any books, accounts, minutes, records or other papers or property of any public utility subject to the regulatory authority of the public utilities commission of Nevada in the same manner and to the same extent as authorized by law for members of the public utilities commission of Nevada and its staff.

    [3.  Petition]

    (c) Except as otherwise provided in subsection 1, petition for, request, initiate, appear or intervene in any proceeding concerning rates, charges, tariffs, modifications of service or any related matter before the public utilities commission of Nevada or any court, regulatory body, board, commission or agency having jurisdiction over any matter which the consumer’s advocate may bring before or has brought before the public utilities commission of Nevada or in which the public interest or the interests of any particular class of utility customers are involved. The consumer’s advocate may represent the public interest or the interests of any particular class of utility customers in any such proceeding, and he is a real party in interest in the proceeding.

    Sec. 30.  NRS 228.390 is hereby amended to read as follows:

    228.390  Except as otherwise provided in sections 8 to 18, inclusive, of this act:

    1.  The consumer’s advocate has sole discretion to represent or refrain from representing the public interest and any class of customers in any proceeding.

    2.  In exercising his discretion, the consumer’s advocate shall consider the importance and extent of the public interest or the customers’ interests involved and whether those interests would be adequately represented without his participation.

    3.  If the consumer’s advocate determines that there would be a conflict between the public interest and any particular class of customers or any inconsistent interests among the classes of customers involved in a particular matter, he may choose to represent one of the interests, to represent no interest, or to represent one interest through his office and another or others through outside counsel engaged on a case basis.

    Sec. 31.  NRS 538.181 is hereby amended to read as follows:

    538.181  1.  The commission shall hold and administer all rights and benefits pertaining to the distribution of the power and water mentioned in NRS 538.041 to 538.251, inclusive, for the State of Nevada[,] and, except as otherwise provided in NRS 538.186, may enter into contracts relating to that power and water, including the transmission and other distribution services, on such terms as the commission determines.

    2.  Every applicant, except a federal or state agency or political subdivision, for power or water to be used within the State of Nevada must, before the application is approved, provide an indemnifying bond by a corporation qualified pursuant to the laws of this state, or other collateral, approved by the state board of examiners, payable to the State of Nevada in such sum and in such manner as the commission may require, conditioned for the full and faithful performance of the lease, sublease, contract or other agreement.

    3.  The power and water must not be sold for less than the actual cost to the State of Nevada.

    4.  Except as otherwise provided in subsection 5, before any such sale or lease is made, a notice of it must be advertised in two papers of general circulation published in the State of Nevada at least once a week for 2 weeks. The commission shall require any person desiring to make objection thereto to file the objection with the commission within 10 days after the date of the last publication of the notice. If any objection is filed, the commission shall set a time and place for a hearing of the objection not more than 30 days after the date of the last publication of the notice.

    5.  The provisions of subsection 4 do not apply to:

    (a) Any contract by the commission to sell supplemental power to a holder of a long-term firm contract with the state for power if the supplemental power is procured by the commission from a prearranged source and is secured by the holder for his own use; or

    (b) Any agreement by the commission to sell short-term or interruptible power on short notice for immediate acceptance to a holder of a long-term firm contract with the state for power who can take delivery of the short-term or interruptible power when it is available.

    6.  Except as otherwise provided in subsection 2 of NRS 538.251, any such lease, sublease, contract or sale of the water or power is not binding upon the State of Nevada until ratified and approved by the governor and, where required by federal law, until approved by the United States.

    7.  The commission shall, upon the expiration of a contract for the sale of power which is in effect on July 1, 1993, offer to the purchaser the right to renew the contract. If the commission is unable to supply the amount of power set forth in the contract because of a shortage of power available for sale, it shall reduce, on a pro rata basis, the amount of power it is required to sell pursuant to the renewed contract.

    8.  [Except as otherwise provided in NRS 704.987, notwithstanding] Notwithstanding any provision of chapter 704 of NRS, any purchase of:

    (a) Power or water for distribution or exchange, and any subsequent distribution or exchange of power or water by the commission; or

    (b) Water for distribution or exchange, and any subsequent distribution or exchange of water by any entity to which or with which the commission has contracted the water,

FLUSH

is not subject to regulation by the public utilities commission of Nevada.

    Sec. 32.  1.  NRS 704.965, 704.966, 704.967, 704.968, 704.969, 704.970, 704.971, 704.972, 704.973, 704.974, 704.975, 704.976, 704.977, 704.978, 704.979, 704.980, 704.981, 704.982, 704.9823, 704.9826, 704.9829, 704.983, 704.984, 704.985, 704.986, 704.9865, 704.987, 704.988 and 704.990 are hereby repealed.

    2.  Sections 335 and 337 of chapter 482, Statutes of Nevada 1997, at pages 2021 and 2022, respectively, and sections 17, 21, 22, 24 and 26 of chapter 600, Statutes of Nevada 1999, at pages 3269 and 3272, are hereby repealed.

    3.  Section 127 of Senate Bill No. 29 of this session is hereby repealed.

    Sec. 33.  The public utilities commission of Nevada shall:

    1.  Amend, modify, supplement, annul or vacate any order or directive issued by the commission before the effective date of this act that authorizes or requires an electric utility to dispose of any generation asset, if such disposal would violate the provisions of this act;

    2.  Take all appropriate action to request that the Federal Energy Regulatory Commission and any other officer, agency or department of the Federal Government:

    (a) Not issue any order or directive that authorizes or requires an electric utility to dispose of any generation asset, if such an order or directive could be interpreted as being in conflict with or preempting the provisions of this act; and

    (b) Amend, modify, supplement, annul or vacate any order or directive issued before, on or after the effective date of this act that authorizes or requires an electric utility to dispose of any generation asset, if such an order or directive could be interpreted as being in conflict with or preempting the provisions of this act;

    3.  If any action taken pursuant to subsection 2 is unsuccessful, take all appropriate legal action to challenge any order or directive issued by the Federal Energy Regulatory Commission or any other officer, agency or department of the Federal Government that authorizes or requires an electric utility to dispose of any generation asset, if such an order or directive could be interpreted as being in conflict with or preempting the provisions of this act; and

    4.  Take any other action or issue any other orders necessary to carry out the provisions of this act.

    Sec. 34.  As used in this section and sections 35 and 36 of this act, unless the context otherwise requires:

    1.  “Affiliate” means an entity that, directly or indirectly through one or more intermediaries, controls, is controlled by or is under common control with another entity.

    2.  “Commission” means the public utilities commission of Nevada.

    3.  “Comprehensive energy plan” means the application to adopt a comprehensive energy plan, designated in the records of the commission as Docket No. 01-1045, and all amendments and modifications to the application or the plan.

    4.  “Deferred account” means any account that is used to carry out deferred accounting pursuant to section 19 of this act.

    5.  “Electric utility” has the meaning ascribed to it in section 19 of this act.

    6.  “Electric utility holding company” means:

    (a) An entity which is incorporated or organized under the laws of this state and which holds a controlling interest in an electric utility; and

    (b) A successor in interest to any entity described in paragraph (a).

    7.  “Electric utility that primarily serves densely populated counties” means an electric utility that, with regard to the provision of electric service, derives more of its annual gross operating revenue in this state from customers located in counties whose population is 400,000 or more than it does from customers located in counties whose population is less than 400,000.

    8.  “Electric utility that primarily serves less densely populated counties” means an electric utility that, with regard to the provision of electric service, derives more of its annual gross operating revenue in this state from customers located in counties whose population is less than 400,000 than it does from customers located in counties whose population is 400,000 or more.

    Sec. 35.  Except as otherwise provided in section 36 of this act and notwithstanding the provisions of any other specific statute to the contrary:

    1.  An electric utility shall not file an application for a fuel and purchased power rider on or after the effective date of this act.

    2.  Each application for a fuel and purchased power rider filed by an electric utility which is pending with the commission on the effective date of this act and which the electric utility did not place into effect before or on April 1, 2001, is void and unenforceable and is not valid for any purpose after April 1, 2001.

    3.  If, before March 1, 2001, an electric utility incurred any costs for fuel or purchased power, including, without limitation, any costs for fuel or purchased power recorded or carried on the books and records of the electric utility, and those costs were not recovered or could not be recovered pursuant to a fuel and purchased power rider placed into effect by the electric utility before March 1, 2001, the electric utility is not entitled, on or after March 1, 2001, to recover any of those costs for fuel or purchased power from customers, and the commission shall not allow the electric utility to recover any of those costs for fuel or purchased power from customers.

    4.  Except as otherwise provided in this section, on and after the effective date of this act:

    (a) The commission shall not take any further action on the comprehensive energy plan, and each electric utility that jointly filed the comprehensive energy plan shall be deemed to have withdrawn the comprehensive energy plan;

    (b) The rates that each electric utility placed into effect on March 1, 2001, pursuant to the comprehensive energy plan shall be deemed to be a component of the electric utility’s rates for fuel and purchased power; and

    (c) The revenues collected by each electric utility before April 1, 2001, from the rates that each electric utility placed into effect on March 1, 2001, pursuant to the comprehensive energy plan shall be deemed to be a credit in the electric utility’s deferred accounts.

    5.  On or before October 1, 2001, each electric utility that primarily serves densely populated counties shall file a general rate application pursuant to subsection 3 of NRS 704.110, as amended by this act. On or before December 1, 2001, each electric utility that primarily serves densely populated counties shall file an application to clear its deferred accounts pursuant to subsection 7 of NRS 704.110, as amended by this act. After such an electric utility files the application to clear its deferred accounts, the commission shall investigate and determine whether the rates that the electric utility placed into effect on March 1, 2001, pursuant to the comprehensive energy plan are just and reasonable and reflect prudent business practices. On the date on which the commission issues a final order on the general rate application, the commission shall issue a final order on the electric utility’s application to clear its deferred accounts. The total rates to provide electric service that were in effect on April 1, 2001, for the electric utility must remain in effect until the date on which the commission issues a final order on the general rate application. The commission shall not adjust the rates of the electric utility during this period unless such an adjustment is absolutely necessary to avoid rates that are confiscatory under the Constitution of the United States or the constitution of this state. The commission:

    (a) May make such an adjustment only to the extent that it is absolutely necessary to avoid an unconstitutional result; and

    (b) Shall not, in any proceedings concerning such an adjustment, approve any rate or grant any relief that is not absolutely necessary to avoid an unconstitutional result.

After the electric utility files the general rate application that is required by this subsection, the electric utility shall file general rate applications in accordance with subsection 3 of NRS 704.110, as amended by this act. After the electric utility files the application to clear its deferred accounts that is required by this subsection, the electric utility shall file applications to clear its deferred accounts in accordance with section 19 of this act and subsection 7 of NRS 704.110, as amended by this act.

    6.  On or before December 1, 2001, each electric utility that primarily serves less densely populated counties shall file a general rate application pursuant to subsection 3 of NRS 704.110, as amended by this act. On or before February 1, 2002, each electric utility that primarily serves less densely populated counties shall file an application to clear its deferred accounts pursuant to subsection 7 of NRS 704.110, as amended by this act. After such an electric utility files the application to clear its deferred accounts, the commission shall investigate and determine whether the rates that the electric utility placed into effect on March 1, 2001, pursuant to the comprehensive energy plan are just and reasonable and reflect prudent business practices. On the date on which the commission issues a final order on the general rate application, the commission shall issue a final order on the electric utility’s application to clear its deferred accounts. The total rates to provide electric service that were in effect on April 1, 2001, for the electric utility must remain in effect until the date on which the commission issues a final order on the general rate application. The commission shall not adjust the rates of the electric utility during this period unless such an adjustment is absolutely necessary to avoid rates that are confiscatory under the Constitution of the United States or the constitution of this state. The commission:

    (a) May make such an adjustment only to the extent that it is absolutely necessary to avoid an unconstitutional result; and

    (b) Shall not, in any proceedings concerning such an adjustment, approve any rate or grant any relief that is not absolutely necessary to avoid an unconstitutional result.

After the electric utility files the general rate application that is required by this subsection, the electric utility shall file general rate applications in accordance with subsection 3 of NRS 704.110, as amended by this act. After the electric utility files the application to clear its deferred accounts that is required by this subsection, the electric utility shall file applications to clear its deferred accounts in accordance with section 19 of this act and subsection 7 of NRS 704.110, as amended by this act.

    Sec. 36.  Notwithstanding the provisions of any other specific statute to the contrary:

    1.  If, on or after January 1, 1999, and before the effective date of this act, an electric utility holding company entered into any transaction to acquire a controlling interest in a public utility that provides electric service primarily to customers located outside of this state, the electric utility holding company shall not carry out the transaction unless, on or after the effective date of this act:

    (a) The electric utility holding company files with the commission an application for authorization of the transaction; and

    (b) The commission issues a written order that authorizes the transaction. The commission shall not authorize the transaction unless the commission finds that the transaction will be in the public interest. The commission may base its authorization of the transaction upon such terms, conditions or modifications as the commission deems appropriate.

    2.  If the commission authorizes a transaction described in subsection 1 and, before July 1, 2003, the electric utility holding company acquires a controlling interest in such a public utility, or any affiliate thereof, pursuant to the transaction:

    (a) Each electric utility in which the electric utility holding company holds a controlling interest shall not use deferred accounting pursuant to section 19 of this act on or after the date on which the electric utility holding company acquires a controlling interest in the public utility, or any affiliate thereof;

    (b) Not later than 90 days after that date, each such electric utility shall file one final application to clear the remaining balance in its deferred accounts pursuant to subsection 7 of NRS 704.110, as amended by this act;

    (c) For each such electric utility, the commission shall not carry out the provisions of section 35 of this act concerning deferred accounting and deferred accounts; and

    (d) The commission shall carry out the remaining provisions of section 35 of this act, including, without limitation, the commission’s investigation and determination whether the rates that each electric utility placed into effect on March 1, 2001, pursuant to the comprehensive energy plan are just and reasonable and reflect prudent business practices.

    3.  Any transaction that violates the provisions of this section is void and unenforceable and is not valid for any purpose.

    Sec. 37.  Any license issued to an alternative seller pursuant to NRS 704.977 is void on and after the effective date of this act.

    Sec. 38.  1.  The provisions of this act are hereby declared to be severable.

    2.  If any provision of this act is held invalid, or if the application of any such provision to any person, thing or circumstance is held invalid, such invalidity does not affect any other provision of this act that can be given effect without the invalid provision or application.

    Sec. 39.  This act becomes effective upon passage and approval.”.

    Amend the text of repealed sections by adding the text of section 127 of Senate Bill No. 29 of this session.

    Amend the bill as a whole by deleting the preamble and adding a new preamble, immediately preceding the enacting clause, to read as follows:

    “Whereas, In 1997, the legislature enacted comprehensive legislation designed to prepare the electric industry in this state for retail competition; and

    Whereas, In 1999, the legislature enacted additional legislation delaying the onset of such competition until March 1, 2000, unless a determination was made that a later date was necessary to protect the public interest; and

    Whereas, On several occasions, a determination has been made that commencement of retail competition in the electric industry is not yet in the public interest of this state; and

    Whereas, Many residents of this state are senior citizens whose health is especially vulnerable to extreme heat and extreme cold and who rely on electricity to provide safe temperatures in their homes; and

    Whereas, In arid regions of this state, there are many population centers that cannot be sustained without electricity to pump potable drinking water; and

    Whereas, Several of the major industries in this state are particularly dependent upon electricity; and

    Whereas, Under present market conditions in the electric industry, comprehensive and effective regulation of electric utilities in this state is vital to the economy of this state and is essential to protect the health, safety and welfare of the residents of this state; and

    Whereas, Until present market conditions have changed and adequate mechanisms have been developed to allow this state to adjust its comprehensive regulation of electric utilities in Nevada, this state has a compelling interest in continuing its comprehensive regulation of electric utilities to protect the consumers in this state, to safeguard the economy of this state and to ensure that the electric utilities in this state provide adequate and reliable electric service at just and reasonable prices; and

    Whereas, As part of its comprehensive regulation of electric utilities in Nevada, this state has traditionally exercised its inherent jurisdiction over electric generation assets which have been dedicated to serve the public convenience and necessity in Nevada and which are used and useful for the convenience of the public in Nevada; and

    Whereas, To control volatility in the price of electricity in the retail market and to ensure that the electric utilities in this state have necessary and sufficient resources to provide adequate and reliable electric service under present market conditions, this state must retain its traditional jurisdiction and control over electric generation assets until other mechanisms are available to accomplish these goals; and

    Whereas, In recent years, the western United States has experienced a severe and ongoing crisis in the electric industry marked by critical shortages in the supply of electricity and extreme volatility in the price of electricity in the wholesale and retail markets; and

    Whereas, The severe and ongoing crisis in the electric industry in the western United States is both an immediate threat and a continuing danger to the economy of this state and to the health, safety and welfare of the residents of this state; and

    Whereas, Until the severe and ongoing crisis in the electric industry in the western United States has sufficiently abated, this state must maintain its comprehensive regulation over electric utilities and its traditionally broad jurisdiction and control over electric generation assets to promote stability and predictability in the electric industry, to foster confidence in the financial markets, to ensure that consumers have adequate and reliable electric service and to protect the public from unjust and unreasonable utility rates; now, therefore,”.

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

“of such assets after that period; requiring certain electric utilities to use deferred accounting under certain circumstances; repealing provisions pertaining to the competitive provision of retail electric service; requiring the public utilities commission of Nevada to take certain actions to carry out the provisions of this act; establishing certain requirements and making various changes relating to the rates charged by certain electric utilities; requiring certain entities to obtain approval from the commission before carrying out certain transactions; and”.

    Assemblyman Bache moved that the Assembly concur in the Senate Amendment No. 354 to Assembly Bill No. 369.

    Remarks by Assemblyman Bache, Brower and Collins.

    Potential conflict of interest declared by Assemblymen Brower and Collins.

    Motion carried.

    The following Senate amendment was read:

    Amendment No. 355.

    Amend sec. 19, page 8, line 14, after “energy.” by inserting:

“The term does not include any costs that the commission determines are not recoverable pursuant to subsection 8 of NRS 704.110.”.

    Amend sec. 21, page 10, line 41, by deleting “Whenever” and inserting:

“Except as otherwise provided in subsection 8, whenever”.

    Amend sec. 21, page 11, by deleting line 6 and inserting:

    “8.  Before allowing an electric utility to clear its deferred accounts pursuant to subsection 7, the commission shall determine whether the costs for purchased fuel and purchased power that the electric utility recorded in its deferred accounts are recoverable and whether the revenues that the electric utility collected from customers in this state for purchased fuel and purchased power are properly recorded and credited in its deferred accounts. The commission shall not allow the electric utility to recover any costs for purchased fuel and purchased power that:

    (a) Were not necessary to provide electric service to customers in this state, including, without limitation, any costs required to purchase capacity or energy which was not used by the electric utility to provide electric service to customers in this state but which was resold by the electric utility at wholesale;

    (b) Were the result of any practice or transaction that was undertaken, managed or performed imprudently by the electric utility; or

    (c) Were part of, associated with or related to any transaction or interaction with a subsidiary or affiliate of the electric utility or an entity that holds a controlling interest in the electric utility and were not necessary to provide electric service to customers in this state.

The commission shall not credit any revenues to the deferred accounts of the electric utility which were not earned or generated from providing electric service to customers in this state or which were part of, associated with or related to any transaction or interaction with a subsidiary or affiliate of the electric utility or an entity that holds a controlling interest in the electric utility and were not earned or generated from providing electric service to customers in this state.

    9.  Whenever an electric utility files an application to clear its”.

    Amend sec. 21, page 11, line 13, by deleting “9.” and inserting “10.”.

    Amend sec. 21, page 11, line 19, by deleting “10.” and inserting “11.”.

    Assemblyman Bache moved that the Assembly concur in the Senate Amendment No. 355 to Assembly Bill No. 369.

    Remarks by Assemblyman Bache, Brower and Collins.

    Potential conflict of interest declared by Assemblymen Brower and Collins.

    Motion carried by a constitutional majority.

    The following Senate amendment was read:

    Amendment No. 557.

    Amend sec. 21, page 11, by deleting lines 16 through 34 and inserting:

“utility to recover any costs for purchased fuel and purchased power that were the result of any practice or transaction that was undertaken, managed or performed imprudently by the electric utility.”.

    Assemblyman Bache moved that the Assembly concur in the Senate Amendment No. 557 to Assembly Bill No. 369.

    Remarks by Assemblyman Bache, Brower and Collins.

    Potential conflict of interest declared by Assemblymen Brower and Collins.

    Motion carried by a constitutional majority.

    Bill ordered enrolled.

MOTIONS, RESOLUTIONS AND NOTICES

    Senate Concurrent Resolution No. 35.

    Assemblyman Dini moved the adoption of the resolution.

    Remarks by Assemblymen Dini and Anderson.

    Assemblywoman Buckley requested that the following remarks be entered in the Journal.

    Assemblyman Dini:

    This resolution honors one of the all-time greats in our nation’s history, Buzz Aldrin, a man who has served the nation well. A graduate of West Point, he served in the Korean War flying
F-86 Sabre jets in 66 combat missions; and served as an Aerial Gunnery Instructor at our own Nellis Air Force Base in Las Vegas. He flew F-100 aircraft as a flight commander with the 36th Tactical Fighter Wing at Bittsburg, Germany, and numerous other achievements. It was his assignment with the National Aeronautics and Space Administration (NASA) that he became a household name.

    Those of us who are old enough to remember as far back as 1969 can no doubt remember exactly where we were and what we were doing on July 20th of that year when the world’s news media was focused on the Apollo XI. We listened to our radios and watched on television. We saw history being made as man took his first step onto the surface of the moon. Buzz Aldrin was one of those men. We will never forget the emotion and pride that we felt when the flag of the United States was placed on that desolate untouched surface.

    Western Nevada Community College will soon start construction of the new Jack C. Davis Observatory. When they came to me and requested my help in bringing Buzz Aldrin to our community to speak at a fundraiser, I thought, “What better project could we have than to bring this distinguished American to our area? To give our children the opportunity to personally meet this man who had achieved this unreachable dream? To let them hear from him that “Reaching for the Stars” is attainable?

    I am proud of all the students who participated in the essay  contest. Many of them are from my own district. I am especially proud of a young girl from Yerington, Jaceth Salido, who took first place in her section of that contest. I just wanted to say I am honored and pleased to be able to present this resolution to this House.

    Assemblyman Anderson:

    Thank you, Mr. Speaker. I rise in support. As a high school teacher, I see in my classroom every day the kind of students who need to be encouraged to reach for the stars. Colonel Aldrin has been that kind of model for me as a teacher. I believe he continues to be that kind of model for the young people of our nation. It is his example that inspires all of us. I wanted to make sure I could rise in support of the work of Speaker Emeritus Dini in bringing Mr. Aldrin here and honoring this great gentleman.

    Resolution adopted unanimously.

    Mr. Speaker appointed Assemblymen Claborn and Von Tobel as a committee to invite the Senate to meet in Joint Session with the Assembly to hear an address by United States Representative Shelley Berkley.

    The President of the Senate and members of the Senate appeared before the bar of the Assembly.

    Mr. Speaker invited the President of the Senate to the Speaker’s rostrum.

    Mr. Speaker invited the Members of the Senate to chairs in the Assembly.

IN JOINT SESSION

    At 5:17 p.m.

    President of the Senate presiding.

    The Secretary of the Senate called the Senate roll.

    All present except for Senators McGinness and O’Connell, who were excused.

    The Chief Clerk of the Assembly called the Assembly roll.

    All present except for Assemblymen Goldwater and Mortenson, who were excused.

    The President of the Senate appointed a Committee on Escort consisting of Senator Carlton and Assemblyman Manendo to wait upon Representative Berkley and escort her to the Assembly Chamber.

    The Committee on Escort in company with The Honorable Shelley Berkley, United States Representative from Nevada, appeared before the bar of the Assembly.

    The Committee on Escort escorted the Representative to the rostrum.

    The President of the Senate announced a recess to hear remarks by Colonel Buzz Aldrin.

    Joint recess at 5:22 p.m.

IN JOINT SESSION

    At 5:31 p.m.

    President of the Senate presiding.

    Mr. Speaker welcomed Representative Berkley and invited her to deliver her message.

    Shelley Berkley, United States Representative, delivered her message as follows:

    Lieutenant Governor Hunt, Speaker Perkins, Majority Leader Raggio, Minority Leader Titus, esteemed members of the legislature, guests, and friends. It is a great pleasure for me to be here today. I am particularly delighted to have shared the podium with our true American hero Buzz Aldrin. I am also saddened that my friend, Jan Evans, isn’t here to participate in the legislature. She was a mentor and a dear friend of mine, and I miss her very much. I know that everybody in this body misses her.

    Nearly two decades ago I served in the Nevada State Assembly. To give you some perspective of time, back in those days my son Max was 6 months old when I brought him here to serve along with me. Max, for those of you who remember him, is now finishing his freshman year in college. It is extraordinary to be here without him. I wanted to give you some perspective of where my family has come and how we got our start right here in this Assembly body.

    For those of us who were here back then or for those who grew up in Nevada, we have seen incredible growth and progress in our state. We have seen our population double and redouble throughout the ‘80s and the ‘90s and into the 21^st Century. We have much to be proud of; our economy and our quality of life ranks among the best in our nation. You, as the elected leaders of our state, must take the credit because the credit goes to you. You do a remarkable job guiding this state, even though and in spite of the fact that your pay is low, your hours are long, you have virtually no support staff, and you have a very short span of time in which to complete your work. I admire what you do. I am honored to know you, and I am honored to work with you on behalf of the people of the State of Nevada. I also know that this is crunch time and I respect your time. I am going to try to be mercifully short in my comments. That is extraordinarily difficult for me because I have a lot of issues I would love to share with you. In the interest of time and knowing how valuable it is at this juncture of the Session, I am going to concentrate on four issues I believe are particularly relevant to our state and the people we collectively represent. The four issues I am going to address and share are the issues of the NCAA legislation, transportation issues, education issues, and energy and Yucca Mountain.

    Let me first start with the NCAA. Last Congressional Session the NCAA, through Senator John McCain, Congressman Romer, and Lindsay Graham of South Carolina, introduced a piece of Legislation that would make it illegal to bet on collegiate sports in this country. The only problem with that legislation is that the State of Nevada is the only state in the nation that allows legal betting on collegiate sports. To put this in perspective, 380 billion dollars is bet illegally in this country through bookies and on our college campuses. Two billion is bet legally in the State of Nevada in our casinos, where you have to be 21 and present on the property in the casino in order to place that bet. The very notion that outlawing legal gambling in the State of Nevada would somehow magically eliminate the 380 billion that is bet illegally in this country is preposterous. It is almost like outlawing aspirin and saying it is going to get to the illegal drug trade in this nation.

    Originally we had a very, very hard time with this legislation. Had it gotten to the floor of either the House or the Senate last Session, I believe this legislation would have passed. I can share with you that when I testified in front of Senator McCain’s committee on the Senate side I commented, “If you want to see illegal sports betting all you have to do is go down to the cloak room of the House of Representatives and you can see all the illegal sports betting that you would ever want to see.” At that time Senator McCain stopped my testimony and admonished me that I ought not say those things. Sometimes the truth hurts and that statement is the truth. This year we knew what was coming so we preempted their attack on us by introducing legislation to get at the problem of illegal gambling on collegiate sports in this country.  Senator Reid and Senator Bryan introduced legislation on the Senate side and Congressman Gibbons and I introduced compatible legislation on the House side. First, it asks for a study through the Justice Department so that we actually know what the problem is, if any, before we start legislating. Second, it doubles the penalties on illegal sports betting on collegiate sports, and third, and I think most significant, it makes the NCAA and the member institutions responsible for what happens on college campuses. The NCAA has been derelict in its duty in enforcing anti gaming rules and regulations in the member institutions.

    They are not protecting our student athletes; they are not protecting the students on these campuses. To blame the State of Nevada for their shortcomings, I think is a tragedy and a mistake. If the legislation passes eliminating collegiate betting, it may in fact eliminate the two billion dollars bet legally in the State of Nevada, but it will not do one thing to eliminate the illegal gambling that is rampant on our college campuses and on almost every street corner throughout the United States in every major metropolitan area. On the House side, Representative Gibbons and I have been able to get 90 original co-sponsors on our legislation. Hearings have not been scheduled in the House Judiciary Committee. On the Senate side, Senator McCain will be starting his hearings as soon as we get back from our spring recess. We are scheduled to start in the Senate on April 26^th. These hearings are going to receive great publicity across the United States and will be on CNN and CSPAN. This is big news in our country and we are going to work very hard to make sure that the Federal Government does not intrude on the most well-regulated and well-taxed industry in the State of Nevada. It is well run and they have no business being here. If I thought for a minute the legislation would help our kids one bit I would be for it. Let me mention one other thing about the hypocrisy and sanctimoniousness of the NCAA . The NCAA signed a 6 billion dollar contract with CBS in order to broadcast the final four games in the NCAA tournament. Let me suggest to them, as I have on many occasions, let them take a part of that 6 billion dollars, I’m talking with a “b,” 6 billion, and plow it back into programs on our college campuses. Let these kids know that gambling is wrong, they shouldn’t be doing it, and if they are they will be punished. It is the NCAA and the member institutions that need to step up to the plate and stop blaming the State of Nevada for their shortcomings.

    Let me speak briefly about transportation. As the fastest growing state in the United States, with many of our communities ranking in the top 1 percent of fast growing communities in the United States, there is probably no more important issue than transportation. All of your constituents are complaining about it and I know mine are as well. I sit on the Transportation Committee and I sit on the Ground Transportation Subcommittee and the Aviation Subcommittee, which gives me a great vantage point and gives me the ability to bring needed dollars back to the State of Nevada. I do not want to talk about what we were able to do last Congressional Session, but I would like to be forward thinking and let you know that we worked very, very closely with NDOT, RTC, and McCarran Airport as a tight knit team to be sure that all of our needs were met.

    I would like to share with you some of the programs for which we are requesting Federal funding this session. We are going to fight for them and get as many projects done as we possibly can. We are requesting Federal funding for a freeway and arterial system for transportation called the FAST system. That will be the focal point in monitoring, collection, and dissemination of all Las Vegas Valley transportation. We are also requesting funding for widening US 95 in Northwest Las Vegas. US 95 in Northwest Las Vegas is the most congested freeway in Nevada. The overall project will widen US 95 in Northwest Las Vegas to five lanes in each direction from the Spaghetti Bowl to Rainbow and three lanes in each direction from Rainbow to Craig Road plus make a number of surface street improvements. This is very critical to our communities. Not only does good transportation flow improve everybody’s quality of life because you are not stuck in traffic for hours when you would rather be on the soccer field with your kids, but it also helps with pollutants so that your car is not idling minute after minute, hour after hour on our streets. We are also requesting funding to widen Saint Rose Parkway and I-15 interchange in Henderson, Nevada. This project in Henderson proposes to widen the existing two-lane facility to an eight-lane divided arterial with managed access.

    We are also asking for funding for implementation of the bus-rapid transit project in the Las Vegas Boulevard north corridor. Why is that important—this corridor is the third busiest in our CAT system. It is crowded with 8000 passengers per day, crowded to capacity for a 13-hour peak period. We are going to purchase five new vehicles with the hope of an additional five after that. Additionally along with the funds we are requesting for the buses we are asking for an additional 2 million dollars in order to have intelligent transportation, which is the software to implement it so the buses will work. It is a very important project and will help us get the congestion off the southern Nevada highways.  Finally we are requesting more federal dollars to complete the southern beltway in Henderson. This project will go from Stephanie to I-515 with a new interchange proposed for I-515, Lake Mead, and Henderson. Those are very important projects for us and we will continue to fight and make sure we get them all. The problem we have had for years and years is that the federal dollars that we send to Washington don’t come back this way. It is a problem that all of the growth areas, particularly in the western United States, have. We are finally uniting together as a Western States Caucus to make sure we get our fair share of federal funding when it comes to transportation dollars.

    When it comes to aviation we had great success in the last Session. We passed legislation, which helped all of the airports in the State of Nevada. We were able to get direct flights from Las Vegas to London to continue bringing people from abroad. We added four slots at McCarran Airport to go from Las Vegas to Washington DC. We were able to get started on the Ivanpah Airport as well. This took the concerted effort of the four delegation members working in conjunction with each other, putting aside partisan politics, to make sure that we would bring home the much needed dollars for the State of Nevada. There are other issues and funds we are asking for in this Session that are very, very important. We are requesting funding for improvement projects in the FAA budget for McCarran Airport as well as the smaller airports in the McCarran Airport system. McCarran Airport now serves 37 million passengers a year. It is the seventh busiest airport in the world. We need to make sure we have the resources necessary to continue the expansion and to continue serving safely.

    We are requesting 2 million dollars for a global positioning satellite. This is an augmentation system that will enable the Federal Aviation Administration to establish global positioning satellite instruments for the approach and departure procedures at each of our Las Vegas Valley airports. We are also requesting $300,000 for an automatic surface observation system for the Henderson Executive Airport. At this time we are worried about the need to continue to upgrade in order to continue to provide safe aviation services to the people that fly out of the Henderson Airport. This is very, very important. We are also requesting money to construct a new air traffic control tower at McCarran Airport. The old tower is outdated and could not possibly serve the 37 million visitors that we have. Currently there are air traffic controller blind spots and we need to eliminate those by building this new tower. We are also requesting money for the North Las Vegas Airport so we can make sure their aircraft movement area sensor keeps up with the 21^st Century technology. These are very important issues for the state and this community because they provide safety, not only for our own families, but people who live here in Nevada and the several million people that come to Nevada every year to enjoy our wholesome family entertainment.

    Let me go on to education issues. There are many things we are doing on the Federal level, but I am going to concentrate on after school programs. There isn’t a state in the United States that needs these after school programs more than we do. Why is that—because we have one of the highest drop out rates in the nation; we have a preponderance of single parent households. Without people at home to supervise these kids after school, they come home to empty houses. We have many, many latchkey kids. Ask Metro or any of our police departments and you will find the highest time for juvenile crime is between 3:00 p.m. and 6:00 p.m. Why—because our kids are home unsupervised. If we can provide a wholesome environment for these kids to get a little extra tutoring, help with homework, recreational activities, and a nutritional snack right on the school premises I think we have done a very important thing. We also have a very large non-English speaking population in this state. If we can help these kids by keeping them in school, keeping them interested, and giving additional tutoring I think we will be doing something very important for our children.

    There isn’t a state in the nation that needs these after school programs, summer school programs, drop out prevention programs more than we do. I don’t think for a minute that Federal funding and the Federal government can possibly take the place of parental involvement, local control, or a state legislature that prioritizes education. I do know that with the programs we have been able to get funding for over the past two years we have been able to provide after school programs in a cluster school group, which means that we follow these kids from the 1^st grade to the 12^th grade.

    Last session we received a $640,000 grant from the Federal government to create after school programs. Yesterday I had the opportunity to go to Roy Martin Middle School and what I saw was absolutely amazing and should make us all proud. After school these kids are staying they are getting help with their math homework, they are learning computers, and most of these kids don’t have computers at home. They need the extra time on the computers in school so they learn how to access this technology. Let’s face it, the education you and I received was wonderful for the lives we are leading, but it is obsolete for the lives that our children and our children’s children are going to be leading. This is a high tech world that we are living in and these kids need to have access to those computers. Let me tell you about another program, which in and of itself didn’t seem like much, but it is just extraordinary. I walked into one of these classrooms and the teacher was playing Taboo with the kids. There were about 20 kids there, why—because these kids come from non-English speaking families. They are learning to improve their vocabulary and enjoying themselves as well—what an incredibly extraordinarily simple but wonderful program to have. There is a group of kids at Roy Martin Middle School that are very talented, they play instruments and have created an after school Mariachi band. A Mariachi band at Roy Martin Middle School serenaded me. How terrific to be educating these kids, opening their minds, and giving them an opportunity for their talents to blossom. We need to keep these kids in school—that’s what after school programs do and that is why they are so important and that is why we are going to continue to fight for them. This after school program does one other thing—starting at 6:00 p.m. it becomes a school for their parents to come and learn English—that is the value of an after school program and again we will continue to fight for those programs so that every child can enjoy a piece of the American dream.

    Energy and Yucca Mountain—Twenty-five years ago when I was in law school I remember idling in line at the gas station waiting for my turn to get $5 of gas because of the energy crisis. I cannot believe that in twenty-five years this country has not developed a national energy policy so that we could avoid these continual energy crises, which are going to continue to get worse in this county. I am appalled at the fact that we are still relying on fossil fuel energy and foreign oil in order to feed the energy addiction of this nation. I am particularly pleased that you just passed legislation regarding renewables, mandating that the utility companies look to the renewables to get an increasing percentage of the energy we are going to use in the State of Nevada. This is forward thinking, you ought to be applauded.

    I have co-sponsored legislation in Congress that is going to be compatible with your legislation. It will provide tax breaks and tax credits so that companies that concentrate on renewable energy sources are going to be able to do that and provide it for our utility companies so they can keep the lights on in our state, our community, and in our homes. I do not believe that drilling in the Artic or drilling in the pristine areas of Alaska is the way to go. All it will do is add a few more months of fuel to our nation’s needs. What we need to do is be forward thinking and looking into the future. Conservation—we talked about it for years and years and when energy became cheap for a while we all forgot the conservation. We need to go into renewable, we need to go into conservation, and I believe the technology in this nation is going to give us the opportunity, over the next decade, to come up with new sources of energy. We must do this.

    It is inconceivable to me that this nation is even entertaining the notion of increasing nuclear energy supplies. How in the world could we be talking about building new nuclear reactors and increasing nuclear energy when we have never figured out a way of dealing with the by-product of nuclear energy—nuclear waste—the most toxic substance know to mankind. It is extraordinary to me that this is even being suggested in our nation’s capital. What worries me tremendously is that the DOE budget has a 14 percent increase in the Yucca Mountain funding. That is an ominous sign and I will fight that with every breath of my body because the people of the State of Nevada do not want to be the nuclear dump for the rest of this nation. The very notion that we are suggesting that 77,000 tons of toxic nuclear material is going across 43 states before it gets to this state to be buried in a giant hole in Nevada’s desert is ridiculous. We know there are ground water problems, seismic and volcanic activity which could result in catastrophic consequences when it comes to the health and welfare of our families, the health of our environment, and the health of our economy. If anybody doesn’t think that one accident would turn Las Vegas into a ghost town, I would beg to differ with them. People aren’t going to come and spend their disposable income at a destination resort area if they think they are going to be polluted by nuclear waste. This a fight, this is a hill to die for, and I cannot tell you how happy I am that this legislature has taken an extremely strong stand against Yucca Mountain and putting the nuclear repository here in our backyard. Thank you for your support.

    The DOE’s budget request for the Yucca Mountain project is up, as I said, 14 percent this year. This request describes plans to begin the design work for the dump and logistics for shipping nuclear waste to Nevada. This budget request is predicated in clear language on an assumption that Yucca will be approved. This approval is despite the fact that Yucca Mountain does not meet the standards required by law. It has been proven unsafe, clearly unable to contain radiation. I am hopeful however, that the Nevada delegation will again be able to prevail. We have the facts on our side; we were able to stop interim storage last year. I expect to make more progress this year convincing my colleagues that Yucca Mountain is not the solution to the nuclear waste problem in this nation and that tens of millions of people around this country are also threatened by highway and rail shipments of nuclear waste. That is why it is vitally important that this Nevada Legislature and our local governments continue to send a unified and clear message to Washington. No high level nuclear waste in Nevada. I commend you again for your strong voice against Yucca Mountain, and I encourage you to provide the resources to educate people in other states about the dangers of nuclear waste transportation and to fight this in the courts.

    I want to thank you for giving me this opportunity to share some thoughts with you. I realize it is very late in the Session and you have much to do so I am particularly grateful to you for listening so quietly and patiently. Thank you all for the work you do. I love representing this state and I am very, very proud to count myself among you. Thank you very much.

    Senator Care moved that the Senate and Assembly in Joint Session extend a vote of thanks to Representative Berkley for her timely, able and constructive message.

    Seconded by Assemblywoman Smith.

    Motion carried unanimously.

    The Committee on Escort escorted Representative Berkley to the bar of the Assembly.

    Senator Rawson moved that the Joint Session be dissolved.

    Seconded by Assemblyman Parks.

    Motion carried.

    Joint Session dissolved at 5:57 p.m.

ASSEMBLY IN SESSION

    At 5:59 p.m.

    Mr. Speaker presiding.

    Quorum present.

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblywoman Buckley moved that Assembly Bills Nos. 213, 214, 337, 341, 397, 399, 422, 431, 443, 451, 452, 499, 535, 540, 542, 547, 548, 549, 574, 581, 582, 609, 628, 632, 638, 643, 660; Assembly Joint Resolution No. 7 be taken from the General File and placed on the General File for the next legislative day.

    Motion carried.

GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR

    On request of Assemblyman Anderson, the privilege of the floor of the Assembly Chamber for this day was extended to Gail Ruff, Travis Clinton, Deanna Roberts and Joanne Roberts.

    On request of Assemblywoman Chowning, the privilege of the floor of the Assembly Chamber for this day was extended to Erin Mosey.

    On request of Assemblywoman Gibbons, the privilege of the floor of the Assembly Chamber for this day was extended to Bernice Sheldon, Gene Sheldon and Marian Bryte.

    On request of Assemblywoman Giunchigliani, the privilege of the floor of the Assembly Chamber for this day was extended to Tom Wright, Carmelo Urza, Joe Crowley, Bill Douglass, Susan Thompson, Nancy Beach and Kelly Corrigan.

    On request of Assemblywoman Leslie, the privilege of the floor of the Assembly Chamber for this day was extended to Rebecca Black, Kaitlyn Black and Lisa Black.

    On request of Assemblywoman Parnell, the privilege of the floor of the Assembly Chamber for this day was extended to Sally Zola.

    Assemblywoman Buckley moved that the Assembly adjourn until Thursday, April 19, 2001 at 10:30 a.m.

    Motion carried.

    Assembly adjourned at 6:01 p.m.

Approved:                                                                Richard D. Perkins

                                                                                  Speaker of the Assembly

Attest:    Jacqueline Sneddon

                    Chief Clerk of the Assembly