NEVADA LEGISLATURE

THE ONE HUNDRED AND EIGHTH DAY

Carson City (Wednesday), May 23, 2001

Assembly called to order at 10:52 a.m.

Mr. Speaker presiding.

Roll called.

All present.

Prayer by the Chaplain, Dr. Marvin Dennis.

Lord, I pray for these who serve in any capacity in the Nevada State Assembly, that all the needed strength, direction, and wisdom shall be given unto them. Please direct each of these ladies and gentlemen to achieve Your purpose for their lives and may they sense Your hand of rich blessings, guidance and love. In the Name of My Wonderful Lord, I pray.

Amen.

Pledge of allegiance to the Flag.

Assemblyman Manendo 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.

REPORTS OF COMMITTEES

Mr. Speaker:

Your Committee on Commerce and Labor, to which were referred Senate Bills Nos. 245, 405, 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 were referred Senate Bills Nos. 115, 237, 289, 311, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Also, your Committee on Education, to which were referred Senate Bills Nos. 223, 543, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Wendell P. Williams, Chairman

Mr. Speaker:

Your Committee on Elections, Procedures, and Ethics, to which was referred Senate Bill No. 565, 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 Senate Bill No. 502, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Also, your Committee on Government Affairs, to which were referred Senate Bills Nos. 356, 395, 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 Senate Bill No. 112, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Also, your Committee on Health and Human Services, to which was referred Senate Bill No. 337, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Also, your Committee on Health and Human Services, to which was referred Senate Bill No. 367, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Also, your Committee on Health and Human Services, to which was referred Senate Bill No. 116, 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 Committee on Judiciary, to which was referred Senate Bill No. 261, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Also, your Committee on Judiciary, to which were referred Senate Bills Nos. 83, 171, 516, 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 Committee on Natural Resources, Agriculture, and Mining, to which was referred Senate Bill No. 535, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Marcia de Braga, Chairman

Mr. Speaker:

Your Committee on Transportation, to which was referred Senate Joint Resolution No. 13, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Vonne S. Chowning, Chairman

Mr. Speaker:

Your Committee on Ways and Means, to which was re-referred Assembly Bill No. 460, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Morse Arberry Jr., Chairman

Mr. Speaker:

Your Concurrent Committee on Ways and Means, to which were referred Assembly Bills Nos. 319, 448, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Morse Arberry Jr., Chairman

MESSAGES FROM THE Senate

Senate Chamber, Carson City, May 18, 2001

To the Honorable the Assembly:

I have the honor to inform your honorable body that the Senate on this day passed Assembly Bill No. 534.

Mary Jo Mongelli

Assistant Secretary of the Senate

Senate Chamber, Carson City, May 22, 2001

To the Honorable the Assembly:

I have the honor to inform your honorable body that the Senate on this day passed Assembly Bills Nos. 318, 384, 551.

Also, I have the honor to inform your honorable body that the Senate amended, and on this day passed, as amended, Assembly Bill No. 135, Amendment No. 662; Assembly Bill No. 271, Amendment No. 694; Assembly Bill No. 336, Amendment Nos. 673, 831, 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 passed, as amended, Senate Bill No. 360.

Also, I have the honor to inform your honorable body that the Senate on this day concurred in the Assembly Amendment No. 679 to Senate Bill No. 34; Assembly Amendment No. 597 to Senate Bill No. 36; Assembly Amendment No. 676 to Senate Bill No. 204; Assembly Amendment No. 696 to Senate Bill No. 272.

Also, I have the honor to inform your honorable body that the Senate on this day respectfully refused to concur in the Assembly Amendment No. 677 to Senate Bill No. 87.

Mary Jo Mongelli

Assistant Secretary of the Senate

INTRODUCTION, FIRST READING AND REFERENCE

Senate Bill No. 360.

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

Motion carried.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Parks moved that Senate Bills Nos. 83, 112, 115, 116, 171, 223, 237, 245, 261, 289, 311, 337, 356, 367, 395, 405, 502, 516, 535, 543, 565 and Senate Joint Resolution No. 13 be placed on the Second Reading File.

Motion carried.

Assemblywoman Chowning moved that Senate Bill No. 303 be taken from the General File and placed on the Chief Clerk's desk.

Remarks by Assemblywoman Chowning.

Motion carried.

Assemblywoman Chowning moved that Senate Bill No. 524 be taken from the General File and placed on the Chief Clerk's desk.

Remarks by Assemblywoman Chowning.

Motion carried.

Assemblyman Bache moved that Senate Bill No. 531 be taken from the General File and placed on the Chief Clerk’s desk.

Remarks by Assemblyman Bache.

Motion carried.

Assemblywoman Koivisto moved that Senate Bill No. 544 be taken from the General File and placed on the Chief Clerk’s desk.

Remarks by Assemblywoman Koivisto.

Motion carried.

Assemblyman Goldwater moved that Senate Bill No. 376 be taken from the General File and placed on the Chief Clerk’s desk.

Remarks by Assemblyman Goldwater.

Motion carried.

Assemblyman Arberry moved that Senate Bill No. 522 be taken from the General File and placed on the Chief Clerk’s desk.

Remarks by Assemblyman Goldwater.

Motion carried.

Assemblyman Parks moved that the reading of histories on all Bills on the Second Reading File and the General File be dispensed with for this legislative day.

Motion carried.

SECOND READING AND AMENDMENT

Assembly Bill No. 122.

Bill read second time.

The following amendment was proposed by the Committee on Ways and Means:

Amendment No. 876.

Amend section 1, pages 1 and 2, by deleting lines 13 through 17 on page 1 and lines 1 through 9 on page 2, and inserting:

“otherwise available to him.

2. Upon the retirement of an employee, his termination through no fault of his own or his death while in public employment, the employee or his beneficiaries are entitled to payment [for] :

(a) For his unused sick leave in excess of 30 days, exclusive of any unused sick leave accrued but not carried forward, according to his number of years of public service, except service with a political subdivision of the state, as follows:

[(a)] (1) For 10 years of service or more but less than 15 years, not more than $2,500.

[(b)] (2) For 15 years of service or more but less than 20 years, not more than $4,000.

[(c)] (3) For 20 years of service or more but less than 25 years, not more than $6,000.

[(d)] (4) For 25 years of service, not more than $8,000.

(b) Except as otherwise provided in this paragraph, for his unused sick leave accrued but not carried forward, an amount equal to one-half of the sum of:

(1) His hours of unused sick leave accrued but not carried forward; and

(2) An additional 120 hours.

An unclassified employee is not entitled to the payment authorized pursuant to this paragraph.

3. The”.

Amend section 1, page 2, line 13, by deleting “2.” and inserting “[2.] 4.”.

Amend section 1, page 2, line 14, by deleting “1” and inserting “[1] 2”.

Amend section 1, page 2, line 27, by deleting “3.” and inserting “[3.] 5.”.

Amend section 1, page 2, line 31, by deleting “4.” and inserting “[4.] 6.”.

Amend section 1, page 2, line 42, by deleting “5.” and inserting “[5.] 7.”.

Amend section 1, page 2, line 47, by deleting “6.” and inserting “[6.] 8.”.

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

“Sec. 2. NRS 353.262 is hereby amended to read as follows:

353.262 When the state board of examiners finds, after diligent inquiry and examination, that:

1. As a result of payment for terminal leave, sick leave or unused sick leave to any state officer or employee or his beneficiary, sufficient appropriated money does not remain available to permit the payment of a salary when due to a person to be appointed or employed to replace the officer or employee; and

2. The appointment or employment of the replacement is necessary in the best interests of the state,

the state board of examiners may authorize the expenditure of sums not exceeding [$8,000] $12,000 from the reserve for statutory contingency account for payment of a salary when due to each person so appointed or employed as a replacement for the person to whom the terminal leave pay or sick leave pay was paid or is payable.”.

Amend the title of the bill to read as follows:

“AN ACT relating to state employees; authorizing payment for the unused sick leave of state employees that is accrued but not carried forward in certain circumstances; increasing the maximum authorized amount of money from the reserve for statutory contingency account that the state board of examiners may authorize for payment of the salary of a replacement officer or employee following the purchase of certain leave of a former officer or employee; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Revises provisions relating to payment for sick leave of state employees. (BDR 23‑691)”.

Assemblyman Arberry moved the adoption of the amendment.

Remarks by Assemblyman Arberry.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 235.

Bill read second time.

The following amendment was proposed by the Committee on Ways and Means:

Amendment No. 922.

Amend section 1, page 1, line 2, by deleting “$1,583” and inserting “$3,215”.

Amend section 1, page 1, line 3, after “budgeted for” by inserting:

“meeting expenses and”.

Amend section 1, page 1, by deleting line 4 and inserting:

“the Nevada Athletic Commission. This”.

Amend the title of the bill to read as follows:

“AN ACT making a supplemental appropriation to the Department of Business and Industry for an unanticipated shortfall in the money budgeted for meeting expenses and salaries for personnel in the Nevada Athletic Commission.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Makes supplemental appropriation to Department of Business and Industry for unanticipated shortfall in money budgeted for meeting expenses and salaries for personnel in Nevada Athletic Commission. (BDR S-1259)”.

Assemblyman Arberry moved the adoption of the amendment.

Remarks by Assemblyman Arberry.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 273.

Bill read second time.

The following amendment was proposed by the Committee on Ways and Means:

Amendment No. 923.

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

“Section 1. There is hereby appropriated from the state general fund to the State Department of Agriculture for deposit in the revolving account for agriculture working capital created by NRS 561.335 the sum of $4,900.

Sec. 2. There is hereby appropriated from the state general fund to the State Department of Agriculture the sum of $13,848 to be distributed as follows:

1. For a shortfall in budgeted terminal annual leave expenses of the State Predatory Animal and Rodent Committee created by NRS 567.020, the sum of $7,045.

2. For a shortfall in the budget for Agriculture Administration, the sum of $6,803 to pay certain retirement contributions that were due from the department during the fiscal year ending June 30, 2000, but not paid during that period.

This appropriation is supplemental to that made by section 24 of chapter 571, Statutes of Nevada 1999, at page 2983.”.

Amend the title of the bill to read as follows:

“AN ACT making appropriations to the State Department of Agriculture for the revolving account for agriculture working capital and for budgetary shortfalls regarding the State Predatory Animal and Rodent Committee and agricultural administration; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Makes certain appropriations to State Department of Agriculture. (BDR S‑1261)”.

Assemblyman Arberry moved the adoption of the amendment.

Remarks by Assemblyman Arberry.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 221.

Bill read second time and ordered to third reading.

Senate Bill No. 83.

Bill read second time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 894.

Amend the bill as a whole by deleting sections 1 through 11 and adding new sections designated sections 1 through 5, following the enacting clause, to read as follows:

“Section 1. NRS 115.010 is hereby amended to read as follows:

115.010 1. The homestead is not subject to forced sale on execution or any final process from any court, except as otherwise provided by subsections 2, 3 and 5.

2. The exemption provided in subsection 1 extends only to that amount of equity in the property held by the claimant which does not exceed [$125,000] $160,000 in value, unless allodial title has been established and not relinquished, in which case the exemption provided in subsection 1 extends to all equity in the dwelling, its appurtenances and the land on which it is located.

3. Except as otherwise provided in subsection 4, the exemption provided in subsection 1 does not extend to process to enforce the payment of obligations contracted for the purchase of the property, or for improvements made thereon, including any mechanic’s lien lawfully obtained, or for legal taxes, or for:

(a) Any mortgage or deed of trust thereon executed and given; or

(b) Any lien to which prior consent has been given through the acceptance of property subject to any recorded declaration of restrictions, deed restriction, restrictive covenant or equitable servitude, specifically including any lien in favor of an association pursuant to NRS 116.3116 or 117.070,

by both husband and wife, when that relation exists.

4. If allodial title has been established and not relinquished, the exemption provided in subsection 1 extends to process to enforce the payment of obligations contracted for the purchase of the property, and for improvements made thereon, including any mechanic’s lien lawfully obtained, and for legal taxes levied by a state or local government, and for:

(a) Any mortgage or deed of trust thereon; and

(b) Any lien even if prior consent has been given through the acceptance of property subject to any recorded declaration of restrictions, deed restriction, restrictive covenant or equitable servitude, specifically including any lien in favor of an association pursuant to NRS 116.3116 or 117.070,

unless a waiver for the specific obligation to which the judgment relates has been executed by all allodial titleholders of the property.

5. Establishment of allodial title does not exempt the property from forfeiture pursuant to NRS 179.1156 to 179.119, inclusive, or 207.350 to 207.520, inclusive.

6. Any declaration of homestead which has been filed before October 1, [1995,] 2001, shall be deemed to have been amended on that date by extending the homestead exemption commensurate with any increase in the amount of equity held by the claimant in the property selected and claimed for the exemption up to the amount permitted by law on that date, but the increase does not impair the right of any creditor to execute upon the property when that right existed before October 1, [1995.] 2001.

Sec. 2. NRS 115.050 is hereby amended to read as follows:

115.050 1. Whenever execution has been issued against the property of a party claiming the property as a homestead, and the creditor in the judgment makes an oath before the judge of the district court of the county in which the property is situated, that the amount of equity held by the claimant in the property exceeds, to the best of the creditor’s information and belief, the sum of [$125,000,] $160,000, the judge shall, upon notice to the debtor, appoint three disinterested and competent persons as appraisers to estimate and report as to the amount of equity held by the claimant in the property, and if the amount of equity exceeds the sum of [$125,000,] $160,000, determine whether the property can be divided so as to leave the property subject to the homestead exemption without material injury.

2. If it appears, upon the report, to the satisfaction of the judge that the property can be thus divided, he shall order the excess to be sold under execution. If it appears that the property cannot be thus divided, and the amount of equity held by the claimant in the property exceeds the exemption allowed by this chapter, he shall order the entire property to be sold, and out of the proceeds the sum of [$125,000] $160,000 to be paid to the defendant in execution, and the excess to be applied to the satisfaction on the execution. No bid under [$125,000] $160,000 may be received by the officer making the sale.

3. When the execution is against a husband or wife, the judge may direct the [$125,000] $160,000 to be deposited in court, to be paid out only upon the joint receipt of the husband and wife, and the deposit possesses all the protection against legal process and voluntary disposition by either spouse as did the original homestead.

Sec. 3. NRS 21.075 is hereby amended to read as follows:

21.075 1. Execution on the writ of execution by levying on the property of the judgment debtor may occur only if the sheriff serves the judgment debtor with a notice of the writ of execution pursuant to NRS 21.076 and a copy of the writ. The notice must describe the types of property exempt from execution and explain the procedure for claiming those exemptions in the manner required in subsection 2. The clerk of the court shall attach the notice to the writ of execution at the time the writ is issued.

2. The notice required pursuant to subsection 1 must be substantially in the following form:

NOTICE OF EXECUTION

YOUR PROPERTY IS BEING ATTACHED OR

YOUR WAGES ARE BEING GARNISHED

A court has determined that you owe money to ..........(name of person), the judgment creditor. He has begun the procedure to collect that money by garnishing your wages, bank account and other personal property held by third persons or by taking money or other property in your possession.

Certain benefits and property owned by you may be exempt from execution and may not be taken from you. The following is a partial list of exemptions:

1. Payments received under the Social Security Act.

2. Payments for benefits or the return of contributions under the public employees’ retirement system.

3. Payments for public assistance granted through the welfare division of the department of human resources.

4. Proceeds from a policy of life insurance.

5. Payments of benefits under a program of industrial insurance.

6. Payments received as unemployment compensation.

7. Veteran’s benefits.

8. A homestead in a dwelling or a mobile home, not to exceed [$125,000,] $160,000, unless:

(a) The judgment is for a medical bill, in which case all of the primary dwelling, including a mobile or manufactured home, may be exempt.

(b) Allodial title has been established and not relinquished for the dwelling or mobile home, in which case all of the dwelling or mobile home and its appurtenances are exempt, including the land on which they are located, unless a valid waiver executed pursuant to NRS 115.010 is applicable to the judgment.

9. A vehicle, if your equity in the vehicle is less than $4,500.

10. Seventy-five percent of the take-home pay for any pay period, unless the weekly take-home pay is less than 30 times the federal minimum wage, in which case the entire amount may be exempt.

11. Money, not to exceed $500,000 in present value, held for retirement pursuant to certain arrangements or plans meeting the requirements for qualified arrangements or plans of sections 401 et seq. of the Internal Revenue Code , [(]26 U.S.C. §§ 401 et seq.[).]

12. All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support, education and maintenance of a child, whether collected by the judgment debtor or the state.

13. All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support and maintenance of a former spouse, including the amount of any arrearages in the payment of such support and maintenance to which the former spouse may be entitled.

14. A vehicle for use by you or your dependent which is specially equipped or modified to provide mobility for a person with a permanent disability.

15. A prosthesis or any equipment prescribed by a physician or dentist for you or your dependent.

These exemptions may not apply in certain cases such as a proceeding to enforce a judgment for support of a person or a judgment of foreclosure on a mechanic’s lien. You should consult an attorney immediately to assist you in determining whether your property or money is exempt from execution. If you cannot afford an attorney, you may be eligible for assistance through ..........(name of organization in county providing legal services to indigent or elderly persons).

PROCEDURE FOR CLAIMING EXEMPT PROPERTY

If you believe that the money or property taken from you is exempt, you must complete and file with the clerk of the court a notarized affidavit claiming the exemption. A copy of the affidavit must be served upon the sheriff and the judgment creditor within 8 days after the notice of execution is mailed. The property must be returned to you within 5 days after you file the affidavit unless you or the judgment creditor files a motion for a hearing to determine the issue of exemption. If this happens, a hearing will be held to determine whether the property or money is exempt. The motion for the hearing to determine the issue of exemption must be filed within 10 days after the affidavit claiming exemption is filed. The hearing to determine whether the property or money is exempt must be held within 10 days after the motion for the hearing is filed.

IF YOU DO NOT FILE THE AFFIDAVIT WITHIN THE TIME SPECIFIED, YOUR PROPERTY MAY BE SOLD AND THE MONEY GIVEN TO THE JUDGMENT CREDITOR, EVEN IF THE PROPERTY OR MONEY IS EXEMPT.

Sec. 4. NRS 21.090 is hereby amended to read as follows:

21.090 1. The following property is exempt from execution, except as otherwise specifically provided in this section:

(a) Private libraries not to exceed $1,500 in value, and all family pictures and keepsakes.

(b) Necessary household goods, as defined in 16 C.F.R. § 444.1(i) as that section existed on January 1, 1987, and yard equipment, not to exceed $3,000 in value, belonging to the judgment debtor to be selected by him.

(c) Farm trucks, farm stock, farm tools, farm equipment, supplies and seed not to exceed $4,500 in value, belonging to the judgment debtor to be selected by him.

(d) Professional libraries, office equipment, office supplies and the tools, instruments and materials used to carry on the trade of the judgment debtor for the support of himself and his family not to exceed $4,500 in value.

(e) The cabin or dwelling of a miner or prospector, his cars, implements and appliances necessary for carrying on any mining operations and his mining claim actually worked by him, not exceeding $4,500 in total value.

(f) Except as otherwise provided in paragraph (o), one vehicle if the judgment debtor’s equity does not exceed $4,500 or the creditor is paid an amount equal to any excess above that equity.

(g) For any pay period, 75 percent of the disposable earnings of a judgment debtor during that period, or for each week of the period 30 times the minimum hourly wage prescribed by section 6(a)(1) of the federal Fair Labor Standards Act of 1938 , 29 U.S.C § 206(a)(1), and in effect at the time the earnings are payable, whichever is greater. Except as otherwise provided in paragraphs (n), (r) and (s), the exemption provided in this paragraph does not apply in the case of any order of a court of competent jurisdiction for the support of any person, any order of a court of bankruptcy or of any debt due for any state or federal tax. As used in this paragraph, “disposable earnings” means that part of the earnings of a judgment debtor remaining after the deduction from those earnings of any amounts required by law, to be withheld.

(h) All fire engines, hooks and ladders, with the carts, trucks and carriages, hose, buckets, implements and apparatus thereunto appertaining, and all furniture and uniforms of any fire company or department organized under the laws of this state.

(i) All arms, uniforms and accouterments required by law to be kept by any person, and also one gun, to be selected by the debtor.

(j) All courthouses, jails, public offices and buildings, lots, grounds and personal property, the fixtures, furniture, books, papers and appurtenances belonging and pertaining to the courthouse, jail and public offices belonging to any county of this state, all cemeteries, public squares, parks and places, public buildings, town halls, markets, buildings for the use of fire departments and military organizations, and the lots and grounds thereto belonging and appertaining, owned or held by any town or incorporated city, or dedicated by the town or city to health, ornament or public use, or for the use of any fire or military company organized under the laws of this state and all lots, buildings and other school property owned by a school district and devoted to public school purposes.

(k) All money, benefits, privileges or immunities accruing or in any manner growing out of any life insurance, if the annual premium paid does not exceed $1,000. If the premium exceeds that amount, a similar exemption exists which bears the same proportion to the money, benefits, privileges and immunities so accruing or growing out of the insurance that the $1,000 bears to the whole annual premium paid.

(l) The homestead as provided for by law, including a homestead for which allodial title has been established and not relinquished and for which a waiver executed pursuant to NRS 115.010 is not applicable.

(m) The dwelling of the judgment debtor occupied as a home for himself and family, where the amount of equity held by the judgment debtor in the home does not exceed [$125,000] $160,000 in value and the dwelling is situate upon lands not owned by him.

(n) All property in this state of the judgment debtor where the judgment is in favor of any state for failure to pay that state’s income tax on benefits received from a pension or other retirement plan.

(o) Any vehicle owned by the judgment debtor for use by him or his dependent that is equipped or modified to provide mobility for a person with a permanent disability.

(p) Any prosthesis or equipment prescribed by a physician or dentist for the judgment debtor or a dependent of the debtor.

(q) Money, not to exceed $500,000 in present value, held in:

(1) An individual retirement arrangement which conforms with the applicable limitations and requirements of 26 U.S.C. § 408;

(2) A written simplified employee pension plan which conforms with the applicable limitations and requirements of 26 U.S.C. § 408;

(3) A cash or deferred arrangement which is a qualified plan pursuant to the Internal Revenue Code; and

(4) A trust forming part of a stock bonus, pension or profit-sharing plan which is a qualified plan pursuant to sections 401 et seq. of the Internal Revenue Code , [(]26 U.S.C. §§ 401 et seq.[).]

(r) All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support, education and maintenance of a child, whether collected by the judgment debtor or the state.

(s) All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support and maintenance of a former spouse, including the amount of any arrearages in the payment of such support and maintenance to which the former spouse may be entitled.

2. Except as otherwise provided in NRS 115.010, no article or species of property mentioned in this section is exempt from execution issued upon a judgment to recover for its price, or upon a judgment of foreclosure of a mortgage or other lien thereon.

3. Any exemptions specified in subsection (d) of section 522 of the Bankruptcy Act of 1978 [(92 Stat. 2586)] , 11 U.S.C § 522(d), do not apply to property owned by a resident of this state unless conferred also by subsection 1, as limited by subsection 2, of this section.

Sec. 5. NRS 31.045 is hereby amended to read as follows:

31.045 1. Execution on the writ of attachment by attaching property of the defendant may occur only if:

(a) The judgment creditor serves the defendant with notice of the execution when the notice of the hearing is served pursuant to NRS 31.013; or

(b) Pursuant to an ex parte hearing, the sheriff serves upon the judgment debtor notice of the execution and a copy of the writ at the same time and in the same manner as set forth in NRS 21.076.

If the attachment occurs pursuant to an ex parte hearing, the clerk of the court shall attach the notice to the writ of attachment at the time the writ is issued.

2. The notice required pursuant to subsection 1 must be substantially in the following form:

NOTICE OF EXECUTION

YOUR PROPERTY IS BEING ATTACHED OR

YOUR WAGES ARE BEING GARNISHED

Plaintiff, .......... (name of person), alleges that you owe him money. He has begun the procedure to collect that money. To secure satisfaction of judgment , the court has ordered the garnishment of your wages, bank account or other personal property held by third persons or the taking of money or other property in your possession.

Certain benefits and property owned by you may be exempt from execution and may not be taken from you. The following is a partial list of exemptions:

1. Payments received under the Social Security Act.

2. Payments for benefits or the return of contributions under the public employees’ retirement system.

3. Payments for public assistance granted through the welfare division of the department of human resources.

4. Proceeds from a policy of life insurance.

5. Payments of benefits under a program of industrial insurance.

6. Payments received as unemployment compensation.

7. Veteran’s benefits.

8. A homestead in a dwelling or a mobile home, not to exceed [$125,000,] $160,000, unless:

(a) The judgment is for a medical bill, in which case all of the primary dwelling, including a mobile or manufactured home, may be exempt.

9. A vehicle, if your equity in the vehicle is less than $4,500.

10. Seventy-five percent of the take-home pay for any pay period, unless the weekly take-home pay is less than 30 times the federal minimum wage, in which case the entire amount may be exempt.

14. A vehicle for use by you or your dependent which is specially equipped or modified to provide mobility for a person with a permanent disability.

15. A prosthesis or any equipment prescribed by a physician or dentist for you or your dependent.

These exemptions may not apply in certain cases such as proceedings to enforce a judgment for support of a child or a judgment of foreclosure on a mechanic’s lien. You should consult an attorney immediately to assist you in determining whether your property or money is exempt from execution. If you cannot afford an attorney, you may be eligible for assistance through .......... (name of organization in county providing legal services to the indigent or elderly persons).

PROCEDURE FOR CLAIMING EXEMPT PROPERTY

If you believe that the money or property taken from you is exempt or necessary for the support of you or your family, you must file with the clerk of the court on a form provided by the clerk a notarized affidavit claiming the exemption. A copy of the affidavit must be served upon the sheriff and the judgment creditor within 8 days after the notice of execution is mailed. The property must be returned to you within 5 days after you file the affidavit unless the judgment creditor files a motion for a hearing to determine the issue of exemption. If this happens, a hearing will be held to determine whether the property or money is exempt. The hearing must be held within 10 days after the motion for a hearing is filed.

IF YOU DO NOT FILE THE AFFIDAVIT WITHIN THE TIME SPECIFIED, YOUR PROPERTY MAY BE SOLD AND THE MONEY GIVEN TO THE JUDGMENT CREDITOR, EVEN IF THE PROPERTY OR MONEY IS EXEMPT.

If you received this notice with a notice of a hearing for attachment and you believe that the money or property which would be taken from you by a writ of attachment is exempt or necessary for the support of you or your family, you are entitled to describe to the court at the hearing why you believe your property is exempt. You may also file a motion with the court for a discharge of the writ of attachment. You may make that motion any time before trial. A hearing will be held on that motion.

IF YOU DO NOT FILE THE MOTION BEFORE THE TRIAL, YOUR PROPERTY MAY BE SOLD AND THE MONEY GIVEN TO THE PLAINTIFF, EVEN IF THE PROPERTY OR MONEY IS EXEMPT OR NECESSARY FOR THE SUPPORT OF YOU OR YOUR FAMILY.”.

Amend the title of the bill to read as follows:

“AN ACT relating to property; increasing the amount of the homestead exemption; exempting from execution a greater amount of equity in certain dwellings; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Increases amount of homestead exemption. (BDR 10‑4)”.

Assemblyman Anderson moved the adoption of the amendment.

Remarks by Assemblyman Anderson.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

Senate Bill No. 112.

Bill read second time and ordered to third reading.

Senate Bill No. 115.

Bill read second time and ordered to third reading.

Senate Bill No. 116.

Bill read second time.

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

Amendment No. 884.

Amend the bill as a whole by deleting sections 1 through 7 and adding new sections designated sections 1 through 14, following the enacting clause, to read as follows:

“Section 1. Chapter 433 of NRS is hereby amended by adding thereto a new section to read as follows:

1. Except as otherwise provided in subsection 3, mechanical restraint may be used on a person with a disability who is a client of a forensic facility only if:

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

(b) The client’s behavior presents an imminent threat of causing physical injury to himself or to others or causing severe property damage and less restrictive measures have failed to modify the client’s behavior;

(c) The client is in the care of the facility but not on the premises of the facility and mechanical restraint is necessary to ensure security; or

(d) The client is in the process of being transported to another location and mechanical restraint is necessary to ensure security.

2. If mechanical restraint is used pursuant to subsection 1, the forensic facility shall ensure that:

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

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

(c) The record of the client contains a notation that indicates the time period during which the restraint was used and the circumstances warranting the restraint; and

(d) The mechanical restraint is used only for the period that is necessary.

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

(a) Treat the medical needs of a client;

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

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

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

5. As used in this section, “forensic facility” means a secure facility of the division for mentally disordered offenders and defendants who are ordered to the facility pursuant to chapter 178 of NRS.

Sec. 2. NRS 433.545 is hereby amended to read as follows:

433.545 As used in NRS 433.545 to 433.551, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 433.5453 to 433.548, inclusive,have the meanings ascribed to them in those sections.

Sec. 3. NRS 433.547 is hereby amended to read as follows:

433.547 “Mechanical restraint” means the use of devices, including, without limitation, mittens, straps , [and] restraint chairs , handcuffs, belly chains and four-point restraints to limit a person’s movement or hold a person immobile.

Sec. 4. NRS 433.549 is hereby amended to read as follows:

433.549 A person employed by a facility or any other person shall not:

1. Except as otherwise provided in NRS 433.5493, use physical restraint on a person with a disability who is a client.

2. Except as otherwise provided in NRS 433.5496 [,] and section 1 of this act, use mechanical restraint on a person with a disability who is a client.

3. Except as otherwise provided in NRS 433.5503, use chemical restraint on a person with a disability who is a client.

Sec. 5. NRS 433.5496 is hereby amended to read as follows:

433.5496 1. Except as otherwise provided in [subsection 2,] subsections 2 and 4, mechanical restraint may be used on a person with a disability who is a client only if:

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

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

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

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

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

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

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

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

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

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

(a) Treat the medical needs of a client;

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

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

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

4. The provisions of this section do not apply to a forensic facility, as that term is defined in subsection 5 of section 1 of this act.

Sec. 6. NRS 388.5275 is hereby amended to read as follows:

388.5275 1. Except as otherwise provided in subsection 2, physical restraint may be used on a pupil with a disability only if:

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

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

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

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

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

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

3. If physical restraint is used on a pupil with a disability in an emergency, the use of the procedure must be reported in the pupil’s cumulative record and a confidential file maintained for the pupil not later than 1 working day after the procedure is used. A copy of the report must be provided to the board of trustees of the school district, the pupil’s individualized education program team and the parent or guardian of the pupil. The board of trustees shall review the report during a closed meeting to determine whether a denial of the pupil’s rights has occurred. The board of trustees shall:

(a) At least 5 school days before the date of the meeting, provide notice of the meeting to the pupil’s individualized education program team and the parent or legal guardian of the pupil; and

(b) Allow the pupil’s individualized education program team, or members thereof, and the parent or legal guardian of the pupil to attend and participate in the meeting.

FLUSH

If the board of trustees determines that a denial of the pupil’s rights has occurred, the board of trustees [may] shall submit a confidential report to the department in accordance with NRS 388.5315.

4. The provisions of chapter 241 of NRS do not apply to a meeting held by the board of trustees of a school district pursuant to subsection 3.

Sec. 7. NRS 388.528 is hereby amended to read as follows:

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

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

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

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

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

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

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

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

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

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

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

(a) Treat the medical needs of the pupil;

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

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

3. If mechanical restraint is used on a pupil with a disability in an emergency, the use of the procedure must be reported in the pupil’s cumulative record and a confidential file maintained for the pupil not later than 1 working day after the procedure is used. A copy of the report must be provided to the board of trustees of the school district, the pupil’s individualized education program team and the parent or guardian of the pupil. The board of trustees shall review the report during a closed meeting to determine whether a denial of the pupil’s rights has occurred. The board of trustees shall:

(a) At least 5 school days before the date of the meeting, provide notice of the meeting to the pupil’s individualized education program team and the parent or legal guardian of the pupil; and

(b) Allow the pupil’s individualized education program team, or members thereof, and the parent or legal guardian of the pupil to attend and participate in the meeting.

If the board of trustees determines that a denial of the pupil’s rights has occurred, the board of trustees [may] shall submit a confidential report to the department in accordance with NRS 388.5315.

4. The provisions of chapter 241 of NRS do not apply to a meeting held by the board of trustees of a school district pursuant to subsection 3.

Sec. 8. NRS 388.5295 is hereby amended to read as follows:

388.5295 1. A school where a violation of NRS 388.521 to 388.5315, inclusive, occurs shall report the violation to the board of trustees of the school district [not] , the parent or legal guardian of the pupil against whom the action was taken and the pupil’s individualized education program team. The report must be made:

(a) Not later than 24 hours after the violation occurred, or as soon thereafter as the violation is discovered.

(b) To the parent or legal guardian of the pupil and the pupil’s individualized education program team in a manner that does not violate the confidentiality of any other pupil involved in the incident.

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

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

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

Sec. 9. NRS 388.5315 is hereby amended to read as follows:

388.5315 1. A denial of rights of a pupil with a disability pursuant to NRS 388.521 to 388.5315, inclusive, must be entered in the pupil’s cumulative record and a confidential file maintained for that pupil. Notice of the denial must be provided to the board of trustees of the school district [.] , the parent or legal guardian of the pupil and the pupil’s individualized education program team.

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

3. The department:

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

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

Sec. 10. NRS 394.368 is hereby amended to read as follows:

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

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

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

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

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

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

3. If physical restraint is used on a pupil with a disability in an emergency, the use of the procedure must be reported in the pupil’s cumulative record not later than 1 working day after the procedure is used. A copy of the report must be provided to the superintendent, the administrator of the private school, the pupil’s individualized education program team, if applicable, and the parent or guardian of the pupil. The administrator of the private school shall hold a meeting with the pupil’s individualized education program team, if applicable, and the parent or legal guardian of the pupil to review the report and consider whether a denial of the pupil’s rights has occurred. The administrator of the private school shall provide notice of the meeting to the pupil’s individualized education program team, if applicable, and the parent or legal guardian of the pupil at least 5 school days before the meeting. The meeting must be conducted in a manner that does not violate the confidentiality of the pupil. The administrator of the private school shall review the report and determine whether a violation of the pupil’s rights has occurred, regardless of whether the pupil’s individualized education program team or the parent or legal guardian of the pupil attend or participate in the meeting. If the administrator of the private school determines that a denial of the pupil’s rights has occurred, the administrator shall submit a confidential report to the superintendent in accordance with NRS 394.378.

Sec. 11. NRS 394.369 is hereby amended to read as follows:

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

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

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

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

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

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

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

(a) Treat the medical needs of the pupil;

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

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

3. If mechanical restraint is used on a pupil with a disability in an emergency, the use of the procedure must be reported in the pupil’s cumulative record not later than 1 working day after the procedure is used. A copy of the report must be provided to the superintendent, the administrator of the private school, the pupil’s individualized education program team, if applicable, and the parent or guardian of the pupil. The administrator of the private school shall hold a meeting with the pupil’s individualized education program team, if applicable, and the parent or legal guardian of the pupil to review the report and consider whether a denial of the pupil’s rights has occurred. The administrator of the private school shall provide notice of the meeting to the pupil’s individualized education program team, if applicable, and the parent or legal guardian of the pupil at least 5 school days before the meeting. The meeting must be conducted in a manner that does not violate the confidentiality of the pupil. The administrator of the private school shall review the report and determine whether a violation of the pupil’s rights has occurred, regardless of whether the pupil’s individualized education program team or the parent or legal guardian of the pupil attend or participate in the meeting. If the administrator of the private school determines that a denial of the pupil’s rights has occurred, the administrator shall submit a confidential report to the superintendent in accordance with NRS 394.378.

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

Sec. 12. NRS 394.376 is hereby amended to read as follows:

394.376 1. A private school where a violation of NRS 394.353 to 394.378, inclusive, occurs shall report the violation to the superintendent [not] , the parent or legal guardian of the pupil against whom the action was taken and the pupil’s individualized education program team, if applicable. The report must be made:

(a) Not later than 24 hours after the violation occurred, or as soon thereafter as the violation is discovered.

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

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

Sec. 13. NRS 394.378 is hereby amended to read as follows:

394.378 1. A denial of rights of a pupil with a disability pursuant to NRS 394.353 to 394.378, inclusive, must be entered in the pupil’s cumulative record. Notice of the denial must be provided to the administrator of the private school [.] , the parent or legal guardian of the pupil and the pupil’s individualized education program team, if applicable.

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

3. The superintendent:

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

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

Sec. 14. This act becomes effective upon passage and approval.”.

Amend the title of the bill to read as follows:

“AN ACT relating to persons with disabilities; prescribing the circumstances under which a secure facility for mentally disordered offenders may use mechanical restraint on clients who have disabilities; revising provisions governing the duty of the board of trustees of a school district and the administrator of a private school in response to a report of the use of physical restraint or mechanical restraint on a pupil with a disability; revising provisions governing the reporting of certain violations involving pupils with disabilities; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Revises provisions governing use of restraints and interventions on persons with disabilities. (BDR 39‑346)”.

Assemblywoman Koivisto moved the adoption of the amendment.

Remarks by Assemblywoman Koivisto.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 171.

Bill read second time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 895.

Amend section 1, page 3, line 5, by deleting “three-fourths” and inserting:

“a majority plus one”.

Amend section 1, page 3, line 27, by deleting “directly” and inserting “exclusively”.

Amend section 1, page 3, line 28, by deleting “operation of” and inserting:

“gaming activities at”.

Amend sec. 2, page 3, by deleting lines 31 and 32 and inserting:

“district pursuant to NRS 463.3086 that is filed on or after December 31, 2001.”.

Amend sec. 3, page 3, line 33, by deleting:

“upon passage and approval.” and inserting:

“on December 31, 2001.”.

Assemblyman Anderson moved the adoption of the amendment.

Remarks by Assemblyman Anderson.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

Senate Bill No. 223.

Bill read second time and ordered to third reading.

Senate Bill No. 237.

Bill read second time and ordered to third reading.

Senate Bill No. 245.

Bill read second time.

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

Amendment No. 838.

Amend sec. 8, page 2, line 33, by deleting “organizations; or” and inserting “organizations;”.

Amend sec. 8, page 2, line 34, after “3.” by inserting:

“Engages in the practice of interpreting as necessary for the provision of an emergency medical or governmental service to a person who is deaf or whose hearing is impaired; or

4.”.

Amend sec. 9, page 3, by deleting lines 27 through 34 and inserting:

“3. Except as otherwise provided in subsection 4, a person, including, without limitation, a teacher and a teacher’s aide, who wishes to engage in the practice of interpreting in this state in a public school, including, without limitation, a charter school, or a private school must comply with the requirements set forth in paragraphs (a), (b) and (c) of subsection 1 and must:

(a) Comply with the requirements set forth in paragraph (d) of subsection 1; or

(b) Have completed the Educational Interpreter Performance Assessment administered by the Boys Town National Research Hospital or its successor organization and received a rating of his level of proficiency in providing interpreting services at level 4 or 5.

4. A person who has not complied with the requirements set forth in paragraph (a) or (b) of subsection 3 may engage in the practice of interpreting in a public school, including, without limitation, a charter school, or a private school for not more than 3 years if:

(a) There is a demonstrated shortage of personnel who have complied with those requirements in the geographic area of this state in which the public school or private school is located;

(b) The school district, charter school or private school that hires a person pursuant to this subsection has made and continues to make a good faith effort to recruit and hire persons who have complied with the requirements set forth in paragraph (a) or (b) of subsection 3;

(c) The shortage of personnel described in paragraph (a) has precluded the school district, charter school or private school from employing the number of persons who have complied with the requirements set forth in paragraph (a) or (b) of subsection 3 as is necessary to satisfy the personnel requirements of the school district, charter school or private school; and

(d) The person hired by the school district, charter school or private school pursuant to this subsection makes satisfactory progress, as determined by the school district, charter school or private school, toward complying with the requirements set forth in paragraph (a) or (b) of subsection 3 during the period of his employment.”.

Amend sec. 9, page 3, line 35, by deleting “4.” and inserting “5.”.

Amend sec. 9, page 3, line 36, after “(a)” by inserting:

““charter school” has the meaning ascribed to it in NRS 385.007.

(b)”.

Amend sec. 9, page 3, line 49, by deleting “(b)” and inserting “(c)”.

Amend sec. 9, page 4, line 1, by deleting “(c)” and inserting “(d)”.

Amend the bill as a whole by renumbering sections 22 through 30 as sections 23 through 31 and adding a new section designated sec. 22, following sec. 21, to read as follows:

“Sec. 22. NRS 391.019 is hereby amended to read as follows:

391.019 1. Except as otherwise provided in NRS 391.027, the commission:

(a) Shall adopt regulations:

(1) Prescribing the qualifications for licensing teachers and other educational personnel and the procedures for the issuance and renewal of such licenses.

(2) Identifying fields of specialization in teaching which require the specialized training of teachers.

(3) Requiring teachers to obtain from the department an endorsement in a field of specialization to be eligible to teach in that field of specialization.

(4) Setting forth the educational requirements a teacher must satisfy to qualify for an endorsement in each field of specialization.

(5) Setting forth the qualifications and requirements for obtaining a license or endorsement to teach American Sign Language [.] , including, without limitation, being qualified to engage in the practice of interpreting pursuant to subsection 3 of section 9 of this act.

(6) Except as otherwise authorized by subsection 4 of section 9 of this act, requiring teachers and other educational personnel to satisfy the qualifications set forth in subsection 3 of section 9 of this act if they:

(I) Provide instruction or other educational services; and

(II) Concurrently engage in the practice of interpreting, as defined in section 6 of this act.

(b) May adopt such other regulations as it deems necessary for its own government or to carry out its duties.

2. Any regulation which increases the amount of education, training or experience required for licensing:

(a) Must, in addition to the requirements for publication in chapter 233B of NRS, be publicized before its adoption in a manner reasonably calculated to inform those persons affected by the change.

(b) Must not become effective until at least 1 year after the date it is adopted by the commission.

Amend the bill as a whole by adding a new section designated sec. 28.5, following sec. 27, to read as follows:

Sec. 28.5. On or before July 1, 2005, the Commission on Professional Standards in Education shall adopt regulations pursuant to the amendatory provisions of section 22 of this act.”.

Amend sec. 28, page 9, line 1, by deleting “30,” and inserting “31,”.

Amend sec. 28, page 9, line 4, by deleting “2003.” and inserting “2005.”.

Amend sec. 29, page 9, line 6, by deleting “2003.” and inserting “2005.”.

Amend sec. 30, page 9, line 7, by deleting:

“26 to 29,” and inserting:

“27 to 30,”.

Amend sec. 30, page 9, line 8, by deleting:

“October 1, 2001.” and inserting:

“July 1, 2003.”.

Amend sec. 30, page 9, line 9, by deleting “25,” and inserting “26,”.

Amend sec. 30, page 9, line 10, by deleting “2003.” and inserting “2005.”.

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

“requiring the commission on professional standards in education to adopt regulations that require certain teachers and other educational personnel to satisfy the requirements for certification as an interpreter;”.

Assemblyman Dini moved the adoption of the amendment.

Remarks by Assemblyman Dini.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

Senate Bill No. 261.

Bill read second time and ordered to third reading.

Senate Bill No. 289.

Bill read second time and ordered to third reading.

Senate Bill No. 311.

Bill read second time and ordered to third reading.

Senate Bill No. 337.

Bill read second time and ordered to third reading.

Senate Bill No. 356.

Bill read second time.

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

Amendment No. 916.

Amend section 1, page 1, line 3, before “The” by inserting “1.”.

Amend section 1, page 1, after line 20, by inserting:

“2. The secretary of state may adopt regulations prescribing procedures to prevent the filing of false or forged documents in his office.”.

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

“knowingly offering any false or forged instrument for filing; authorizing the secretary of state to adopt regulations to prevent the filing of false or forged documents; and providing other”.

Amend the summary of the bill to read as follows:

“SUMMARY—Makes changes regarding filing of documents with secretary of state. (BDR 18‑1206)”.

Assemblyman Bache moved the adoption of the amendment.

Remarks by Assemblyman Bache.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

Senate Bill No. 367.

Bill read second time and ordered to third reading.

Senate Bill No. 395.

Bill read second time.

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

Amendment No. 915.

Amend section 1, page 2, line 15, by deleting:

“3, 2 and 1,” and inserting:

“25, 26 and 27,”.

Assemblyman Bache moved the adoption of the amendment.

Remarks by Assemblymen Bache and Von Tobel.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assemblyman Bache moved that upon return from the printer Senate Bill No. 395 be taken from the General File and placed on the Chief Clerk’s desk.

Remarks by Assemblyman Bache.

Motion carried.

Senate Bill No. 405.

Bill read second time.

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

Amendment No. 881.

Amend section 1, pages 1 and 2, by deleting line 18 on page 1 and lines 1 through 6 on page 2, and inserting:

“(1) Performs the amputation in a hospital as defined in NRS 449.012 or a surgical center for ambulatory patients as defined in NRS 449.019;

(2) Is authorized by the hospital or surgical center to perform the amputation;

(3) Has completed a program of surgical training as a resident and provides proof satisfactory to the hospital or surgical center of his completion of the program;

(4) Complies with any other requirements established by the hospital or surgical center; and

(5) Performs the amputation in accordance with the standard of care required for a physician licensed pursuant to chapter 630, 630A or 633 of NRS.”.

Amend section 1, page 2, by deleting lines 11 and 12.

Amend the title of the bill to read as follows:

“AN ACT relating to podiatry; authorizing a podiatric physician who is licensed by the state board of podiatry to amputate toes under certain circumstances; prohibiting a county hospital from denying a podiatric physician admission to the staff of the hospital under certain circumstances; and providing other matters properly relating thereto.”.

Assemblyman Dini moved the adoption of the amendment.

Remarks by Assemblyman Dini.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

Senate Bill No. 502.

Bill read second time.

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

Amendment No. 988.

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

“state council on libraries and literacy:” and inserting “council:”.

Amend section 1, page 1, by deleting lines 18 through 20 and inserting:

“serve as ex officio members of the council:

(a) The department of cultural affairs;”.

Amend section 1, page 2, line 11, by deleting “advisory”.

Assemblyman Bache moved the adoption of the amendment.

Remarks by Assemblyman Bache.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 516.

Bill read second time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 896.

Amend the bill as a whole by deleting sections 1 through 48 and the preamble and adding new sections designated sections 1 through 6, following the enacting clause, to read as follows:

“Section 1. Chapter 40 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

Sec. 2. As used in this section and sections 3 and 4 of this act, unless the context otherwise requires, “design professional” means a person who holds a professional license or certificate issued pursuant to chapter 623, 623A or 625 of NRS, or a person primarily engaged in the practice of architecture, landscape architecture, professional engineering or land surveying.

Sec. 3. 1. Except as otherwise provided in subsection 2, in an action commenced pursuant to NRS 40.600 to 40.695, inclusive, and sections 2, 3 and 4 of this act for the professional negligence of a design professional, concurrently with the service of the first pleading in the action, the attorney for the complainant shall file an affidavit with the court stating that the attorney:

(a) Has reviewed the facts of the case;

(b) Has consulted with an expert named in the affidavit;

(c) Reasonably believes the expert who was consulted is knowledgeable in the relevant discipline involved in the action; and

(d) Has concluded on the basis of his review and the consultation with the expert that the action has a reasonable basis in law and fact.

2. The attorney for the complainant may file the affidavit required pursuant to subsection 1 at a later time if he could not consult with an expert and prepare the affidavit before filing the action without causing the action to be impaired or barred by the statute of limitations or repose, or other limitations prescribed by law. If the attorney must submit the affidavit late, he shall file an affidavit concurrently with the service of the first pleading in the action stating his reason for failing to comply with subsection 1 and the attorney shall consult with an expert and file the affidavit required pursuant to subsection 1 not later than 45 days after filing the action.

3. In addition to the statement included in the affidavit pursuant to subsection 1, a report must be attached to the affidavit. Except as otherwise provided in subsection 4, the report must be prepared by the expert consulted by the attorney and include, without limitation:

(a) The resumé of the expert;

(b) A statement that the expert is experienced in each discipline which is the subject of the report;

(c) A copy of each nonprivileged document reviewed by the expert in preparing his report, including, without limitation, each record, report and related document that the expert has determined is relevant to the allegations of negligent conduct that are the basis for the action;

(d) The conclusions of the expert and the basis for the conclusions; and

(e) A statement that the expert has concluded that there is a reasonable basis for filing the action.

4. In an action brought by a claimant in which an affidavit is required to be filed pursuant to subsection 1:

(a) The report required pursuant to subsection 3 is not required to include the information set forth in paragraphs (c) and (d) of subsection 3 if the claimant or his attorney files an affidavit, at the time that the affidavit is filed pursuant to subsection 1, stating that he made reasonable efforts to obtain the nonprivileged documents described in paragraph (c) of subsection 3, but was unable to obtain such documents before filing the action;

(b) The claimant or his attorney shall amend the report required pursuant to subsection 3 to include any documents and information required pursuant to paragraph (c) or (d) of subsection 3 as soon as reasonably practicable after receiving the document or information; and

(c) The court may dismiss the action if the claimant and his attorney fail to comply with the requirements of paragraph (b).

5. An expert consulted by an attorney to prepare an affidavit pursuant to this section must not be a party to the action.

6. As used in this section, “expert” means a person who:

(a) Is licensed in a state to engage in the practice of architecture, landscape architecture, professional engineering or land surveying; or

(b) Teaches or has taught at an accredited college or university in a discipline relevant to the action.

Sec. 4. 1. The court shall dismiss any action commenced pursuant to NRS 40.600 to 40.695, inclusive, and sections 2, 3 and 4 of this act for the professional negligence of a design professional if the attorney for the complainant fails to:

(a) File an affidavit required pursuant to section 3 of this act;

(b) File a report required pursuant to subsection 3 of section 3 of this act; or

2. The fact that an attorney for a complainant has complied or failed to comply with the provisions of section 3 of this act is admissible in the action.

Sec. 5. NRS 40.600 is hereby amended to read as follows:

40.600 As used in NRS 40.600 to 40.695, inclusive, and sections 2, 3 and 4 of this act, unless the context otherwise requires, the words and terms defined in NRS 40.605 to 40.630, inclusive, have the meanings ascribed to them in those sections.

Sec. 6. The amendatory provisions of this act do not apply to a claim initiated or an action commenced pursuant to NRS 40.600 to 40.695, inclusive, and sections 2, 3 and 4 of this act, unless the claim was initiated or the action was commenced on or after October 1, 2001.”.

Amend the title of the bill to read as follows:

“AN ACT relating to real property; requiring an affidavit in support of an action for professional negligence against certain design professionals; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Requires affidavit in support of action for professional negligence against certain design professionals. (BDR 3‑1452)”.

Assemblyman Anderson moved the adoption of the amendment.

Remarks by Assemblyman Anderson.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

Senate Bill No. 535.

Bill read second time.

The following amendment was proposed by the Committee on Natural Resources, Agriculture, and Mining:

Amendment No. 836.

Amend section 1, page 1, by deleting line 16 and inserting:

“requirements for the creation, receipt and exchange for consideration of credits to reduce and”.

Amend sec. 2, page 3, by deleting lines 11 through 36 and inserting:

“2. If a district board of health, county board of health or board of county commissioners imposes the requirement described in subsection 1, its program established pursuant to NRS 445B.500 must:

(a) Provide a method for determining credits which results in credits that are quantifiable, surplus and legally enforceable;

(b) Set forth the manner in which credits will be banked and traded, and the manner in which such transactions will be tracked and accounted for by the board; and

(c) By not later than January 1, 2002, prohibit any person or entity from purchasing or selling credits of one type of pollutant if such credits will be used subsequently to produce a different type of pollutant.”.

Amend sec. 2, page 3, line 47, before “4.” By inserting “[2.]”.

Amend sec. 2, page 4, by deleting lines 1 through 9 and inserting:

“(a) “Credit” means an administratively created [right that:

(a) Entitles] asset that may:

(1) Entitle a person operating or responsible for the existence of a source [of air contaminant] to allow the source to emit a certain level of air contaminant [; and

(b) May be] above a baseline that is determined by the board;

(2) Be used to comply with the requirements of a permit; and

(3) Be traded or sold to another person.

(b) “Surplus” means that a credit is not earned by compliance with a requirement of the state implementation plan adopted by this state pursuant to 42 U.S.C. § 7410 or any other federal, state or local law, ordinance or regulation.”.

Amend sec. 3, page 4, line 10, by deleting “1.”.

Amend sec. 3, page 4, line 11, by deleting:

“subsection 2 of NRS 445.508” and inserting “NRS 445B.508”.

Amend sec. 3, page 4, by deleting lines 15 through 19.

Assemblyman de Braga moved the adoption of the amendment.

Remarks by Assemblyman de Braga.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

Senate Bill No. 543.

Bill read second time and ordered to third reading.

Senate Bill No. 565.

Bill read second time.

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

Amendment No. 863.

Amend section 1, page 1, lines 3 and 6, by deleting “shall” and inserting “may”.

Amend sec. 3, page 2, by deleting lines 43 through 45.

Amend sec. 3, page 2, line 46, by deleting “4.” and inserting “3.”.

Amend sec. 12, page 8, line 36, by deleting “10” and inserting “5”.

Amend sec. 14, page 9, line 22, by deleting “10” and inserting “5”.

Amend sec. 19, page 11, line 44, after “may” by inserting:

“request that the county clerk”.

Amend sec. 24, page 13, by deleting lines 24 through 26 and inserting:

“the petition. If the person [demonstrates good cause therefor] makes such a request, and the number of such requests received by the secretary of state could affect the sufficiency of the petition, the secretary of state shall strike the name of the person from the petition.”.

Amend the bill as a whole by adding a new section designated sec. 25, following sec. 24, to read as follows:

“Sec. 25. 1. This section and sections 1, 2 and 4 to 24, inclusive, of this act become effective on October 1, 2001.

2. Section 3 of this act becomes effective at 12:01 a.m. on October 1, 2001.”.

Assemblywoman Giunchigliani moved the adoption of the amendment.

Remarks by Assemblywoman Giunchigliani.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

Senate Joint Resolution No. 13.

Bill read second time and ordered to third reading.

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

Assembly in recess at 11:32 a.m.

ASSEMBLY IN SESSION

At 12:23 p.m.

Mr. Speaker presiding.

Quorum present.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblywoman Buckley moved that Assembly Bills Nos. 319, 448 and 460 be placed at the top of the General File.

Motion carried.

general file and third reading

Assembly Bill No. 319.

Bill read third time.

The following amendment was proposed by the Committee on Ways and Means:

Amendment No. 957.

Amend the bill as a whole by deleting sections 1 and 2 and inserting:

“Secs. 1 and 2. (Deleted by amendment.)”.

Amend sec. 4, page 7, line 7, by deleting “disabilities,” and inserting:

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

Amend sec. 4, page 7, by deleting line 10 and inserting:

“subsection 5 of NRS 389.015,”.

Amend sec. 6, page 7, line 39, after “years.” by inserting:

“The school in which such a pupil is enrolled shall allow the pupil to participate in the graduation ceremony of the school to receive his certificate of attendance.”.

Amend sec. 7, page 8, line 37, by deleting:

“inclusive, and section 1 of this act.” and inserting “inclusive.”.

Amend sec. 8, page 10, line 14, by deleting “pupil,” and inserting:

“pupil or the pupil’s individualized education program team,”.

Amend sec. 8, page 10, line 41, by deleting “disability,” and inserting:

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

Amend sec. 8, pages 10 and 11, by deleting line 48 on page 10 and line 1 on page 11 and inserting:

“with the requirements set forth in this subsection, complete remedial study that is determined to be”.

Amend sec. 8, page 11, line 8, after “years.” by inserting:

“The school in which such a pupil is enrolled shall allow the pupil to participate in the graduation ceremony of the school to receive his certificate of attendance.”.

Amend sec. 8, page 12, between lines 8 and 9, by inserting:

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

Amend the bill as a whole by adding new sections designated sections 11.3 and 11.7, following sec. 11, to read as follows:

“Sec. 11.3. 1. The department shall, in consultation with the boards of trustees of school districts, the Nevada State Education Association, or its successor, and local associations and organizations of parents whose children are enrolled in public schools throughout this state, prepare and publish a list of not more than 10 model programs for the discipline of pupils that have proven effective for use by elementary schools, middle schools, junior high schools and high schools. In preparing the list, the department shall:

(a) Consider the effectiveness of each model program;

(b) Consider the disciplinary needs of schools located in urban areas and the disciplinary needs of schools located in rural areas; and

2. Each school district shall adopt as many model programs approved by the department as are necessary to ensure that an appropriate model program is available for each grade level of pupils enrolled in the school district. Each school district shall ensure that each elementary school, junior high school, middle school and high school within the school district carries out the appropriate model program. Upon the approval of the department, a school district may adopt an expanded program of discipline if the expanded program complies with the corresponding model program. A public school of the school district may use only a program of discipline that is included on the list or, if applicable, an expanded program.

3. A school district may budget for the model programs carried out in the school district by including the costs of each model program in the regular budget for the school district.

Sec. 11.7. 1. A person shall not, through the use of any means of oral, written or electronic communication, knowingly threaten to cause bodily harm or death to a pupil or employee of a school district or charter school with the intent to:

(a) Intimidate, frighten, alarm or distress a pupil or employee of a school district or charter school;

(b) Cause panic or civil unrest; or

2. Unless a greater penalty is provided by specific statute, a person who violates the provisions of subsection 1 is guilty of:

(a) A misdemeanor, unless the provisions of paragraph (b) apply to the circumstances.

(b) A gross misdemeanor, if the threat causes:

(1) Any pupil or employee of a school district or charter school who is the subject of the threat to be intimidated, frightened, alarmed or distressed;

(2) Panic or civil unrest; or

(3) Interference with the operation of a public school, including, without limitation, a charter school.

3. As used in this section, “oral, written or electronic communication” includes, without limitation, any of the following:

(a) A letter, note or any other type of written correspondence.

(b) An item of mail or a package delivered by any person or postal or delivery service.

(d) A telephone, cellular phone, satellite phone, page or facsimile machine, or any other similar means of communication.

(e) A radio, television, cable, closed-circuit, wire, wireless, satellite or other audio or video broadcast or transmission, or any other similar means of communication.

(f) An audio or video recording or reproduction, or any other similar means of communication.

(g) An item of electronic mail, a modem or computer network, or the Internet, or any other similar means of communication.”.

Amend sec. 16, page 16, by deleting lines 5 and 6 and inserting:

“one person employed by the school district who drives a school bus, one person employed by the school district as an administrator and one person employed by the school district as a teacher. An”.

Amend sec. 18, page 17, by deleting lines 17 through 19 and inserting:

“is issued pursuant to paragraph (a), his immediate supervisor may take action against the principal pursuant to NRS 391.311 to 391.3197, inclusive.”.

Amend the bill as a whole by adding new sections designated sections 19.3 and 19.7, following sec. 19, to read as follows:

“Sec. 19.3. NRS 392.480 is hereby amended to read as follows:

392.480 1. It is unlawful for any person to disturb the peace of any public school by using vile or indecent language within the building or grounds of the school. Any person who violates any of the provisions of this subsection is guilty of a misdemeanor.

2. It is unlawful for any person to [threaten or] assault any pupil or school employee:

(a) Within the building or grounds of the school;

(b) On a bus, van or any other motor vehicle owned, leased or chartered by a school district to transport pupils or school employees; or

Except under circumstances described in paragraph (c) of subsection 2 of NRS 200.471 or in NRS 200.571, any person who violates any of the provisions of this subsection is guilty of a misdemeanor.

3. It is unlawful for any person maliciously and purposely in any manner to interfere with or disturb any persons peaceably assembled within a building of a public school for school district purposes. Any person who violates any of the provisions of this subsection is guilty of a misdemeanor.

4. For the purposes of this section “school employee” means any licensed or unlicensed person employed by a board of trustees of a school district pursuant to NRS 391.100.

Sec. 19.7. Chapter 394 of NRS is hereby amended by adding thereto a new section to read as follows:

1. A person shall not, through the use of any means of oral, written or electronic communication, knowingly threaten to cause bodily harm or death to a pupil or employee of a private school with the intent to:

(a) Intimidate, frighten, alarm or distress a pupil or employee of a private school;

(b) Cause panic or civil unrest; or

2. Unless a greater penalty is provided by specific statute, a person who violates the provisions of subsection 1 is guilty of:

(a) A misdemeanor, unless the provisions of paragraph (b) apply to the circumstances.

(b) A gross misdemeanor, if the threat causes:

(1) Any pupil or employee of a private school who is the subject of the threat to be intimidated, frightened, alarmed or distressed;

(2) Panic or civil unrest; or

(3) Interference with the operation of a private school.

3. As used in this section, “oral, written or electronic communication” includes, without limitation, any of the following:

(a) A letter, note or any other type of written correspondence.

(b) An item of mail or a package delivered by any person or postal or delivery service.

(d) A telephone, cellular phone, satellite phone, page or facsimile machine, or any other similar means of communication.

(e) A radio, television, cable, closed-circuit, wire, wireless, satellite or other audio or video broadcast or transmission, or any other similar means of communication.

(f) An audio or video recording or reproduction, or any other similar means of communication.

(g) An item of electronic mail, a modem or computer network, or the Internet, or any other similar means of communication.”.

Amend the bill as whole by deleting sections 21 through 23, and adding new sections designated sections 21 through 23, following sec. 20, to read as follows:

“Sec. 21. On or before July 1, 2002, the department of education shall develop alternative assessments in lieu of the high school proficiency examination for pupils with disabilities and pupils whose primary language is not English to receive a mastery diploma pursuant to section 6 of this act. The assessments must be available for use commencing with the 2002-2003 school year. The department of education may conduct selected reviews of the alternative assessments in the fall semester of 2002.

Sec. 22. Notwithstanding the provisions of NRS 389.015 and this act to the contrary, if a pupil who is classified as a senior in high school during the 2000-2001 school year or the 2001-2002 school year, fulfilled the requirements for a standard high school diploma except that he did not receive a passing score on the high school proficiency examination on the final administration of the examination in the applicable school year:

1. The school in which the pupil is enrolled shall allow the pupil to participate in the graduation ceremony of his high school in 2001 or 2002, as applicable; and

2. The pupil must be awarded a standard high school diploma.

If such a pupil has been given a certificate of attendance before the effective date of this act, he must be awarded a standard high school diploma to replace the certificate of attendance.

FLUSH

Sec. 23. 1. On or before March 1, 2002, the department of education shall prepare and publish a list of model programs for the discipline of pupils pursuant to section 11.3 of this act.

2. On or before November 1, 2002, each school district shall:

(a) Determine which model programs approved by the department of education will be most effective in the school district;

(b) Adopt those model programs identified in paragraph (a) that will be carried out by each elementary school, junior high school, middle school and high school of the school district.

3. During the 2002-2003 school year, each school district shall plan and budget for the implementation of the model programs in the school district. A school district shall budget for the model programs by:

(a) Eliminating the programs of discipline currently carried out in the school district that do not comply with the model programs and are not included on the list prepared by the department of education.

(b) Including the costs of the model programs adopted by the school district in the budget of the school district.

4. Each school district shall ensure that the model programs adopted by the school district are carried out not later than the school year commencing in 2003.”.

Amend the bill as a whole by deleting section 25 and adding new sections designated sections 25 and 26, following sec. 24, to read as follows:

“Sec. 25. The provisions of this act do not apply to offenses committed before July 1, 2001.

Sec. 26. 1. This section and section 22 of this act become effective upon passage and approval.

2. Sections 1 to 5, inclusive, 8 to 21, inclusive, 23, 24 and 25 of this act become effective on July 1, 2001.

3. Sections 6 and 7 of this act become effective on July 1, 2002.”.

Amend the title of the bill to read as follows:

“AN ACT relating to education; revising provisions governing the reports of accountability prepared by boards of trustees of school districts; designating the types of diplomas that may be issued to pupils; authorizing a parent or legal guardian of a pupil to request an exemption for the pupil from the high school proficiency examination; revising provisions governing the administration of the achievement and proficiency examinations; requiring the department of education to adopt model programs for the discipline of pupils; requiring each school district to adopt appropriate model programs of discipline for use in the schools within the school district; authorizing drivers of school buses to remove the privilege of disruptive pupils to ride a school bus; requiring boards of trustees of school districts to establish certain committees to review the removal of the privilege of a pupil to ride a school bus; providing that certain pupils who do not pass the high school proficiency examination are eligible to receive a standard high school diploma; providing a penalty; and providing other matters properly relating thereto.”.

Assemblywoman Giunchigliani moved the adoption of the amendment.

Remarks by Assemblywoman Giunchigliani.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

Assembly Bill No. 448.

Bill read third time.

The following amendment was proposed by the Committee on Ways and Means:

Amendment No. 919.

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

Amend sec. 5, page 2, by deleting line 23 and inserting:

“Sec. 3. This act becomes effective on July 1, 2001.”.

Amend the title of the bill to read as follows:

“AN ACT relating to railroad trains; requiring the Nevada gaming commission to adopt regulations governing the licensing and operation of railroad gaming; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Provides for licensing and operation of railroad gaming. (BDR 41‑1066)”.

Assemblywoman Giunchigliani moved the adoption of the amendment.

Remarks by Assemblywoman Giunchigliani.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

Assembly Bill No. 460.

Bill read third time.

The following amendment was proposed by the Committee on Ways and Means:

Amendment No. 921.

Amend section 1, pages 1 and 2, by deleting lines 18 through 22 on page 1 and lines 1 through 7 on page 2 and inserting:

“(b) [Remit] Except for the amount of money withheld pursuant to subsection 3, remit to the department of taxation[:

(1) One-third of] the fees collected by the short-term lessor during the immediately preceding [year] calendar quarter pursuant to this section . [; and

(2) Of the remainder of those fees, any amount in excess of]

3. A short-term lessor may deduct and withhold from the total fees otherwise due from him an amount equal to the total amount of vehicle licensing fees and taxes paid by the short-term lessor during the immediately preceding [year] calendar quarter pursuant to this chapter[.

3.] , except that the total amount deducted and withheld by a single short-term lessor each calendar quarter must not exceed $25,000. For the purposes of this subsection, a short-term lessor and all of its subsidiaries and affiliates that share any common ownership shall be deemed to constitute a single short-term lessor.

4. The department of taxation shall deposit all money received”.

Assemblywoman Giunchigliani moved the adoption of the amendment.

Remarks by Assemblymen Giunchigliani, Dini and Chowning.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

Assembly Bill No. 52.

Bill read third time.

Roll call on Assembly Bill No. 52:

Yeas—40.

Nays—Angle, Gustavson—2.

Assembly Bill No. 52 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Assembly Bill No. 234.

Bill read third time.

Roll call on Assembly Bill No. 234:

Yeas—42.

Nays—None.

Assembly Bill No. 234 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Assembly Bill No. 250.

Bill read third time.

Remarks by Assemblyman Leslie.

Roll call on Assembly Bill No. 250:

Yeas—41.

Nays—Gustavson.

Assembly Bill No. 250 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Assembly Bill No. 278.

Bill read third time.

Roll call on Assembly Bill No. 278:

Yeas—42.

Nays—None.

Assembly Bill No. 278 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Assembly Bill No. 297.

Bill read second time.

The following amendment was proposed by the Committee on Ways and Means:

Amendment No. 797.

Amend the bill as whole by deleting sections 1 through 4 and renumbering sections 5 through 7 as sections 1 through 3.

Amend the bill as a whole by deleting sections 8 through 10, renumbering sec. 11 as sec. 5 and adding a new section designated sec. 4, following sec. 7, to read as follows:

“Sec. 4. Section 1 of Assembly Bill No. 130 of this session is hereby amended to read as follows:

Section 1. NRS 391.3197 is hereby amended to read as follows:

391.3197 1. A probationary employee is employed on a contract basis for two 1-year periods and has no right to employment after either of the two probationary contract years.

2. The board shall notify each probationary employee in writing on or before May 1 of the first and second school years of his probationary period, as appropriate, whether he is to be reemployed for the second year of the probationary period or for the next school year as a postprobationary employee. The employee must advise the board in writing on or before May 10 of the first or second year of his probationary period, as appropriate, of his acceptance of reemployment. If a probationary employee is assigned to a school that operates all year, the board shall notify him in writing, in both the first and second years of his probationary period, no later than 45 days before his last day of work for the year under his contract whether he is to be reemployed for the second year of the probationary period or for the next school year as a postprobationary employee. He must advise the board in writing within 10 days after the date of notification of his acceptance or rejection of reemployment for another year. Failure to advise the board of his acceptance of reemployment constitutes rejection of the contract.

3. A probationary employee who completes his 2-year probationary period and receives a notice of reemployment from the school district in the second year of his probationary period is entitled to be a postprobationary employee in the ensuing year of employment.

4. If a probationary employee receives notice pursuant to subsection 4 of NRS 391.3125 not later than March 1 of a potential decision not to reemploy him, the employee may request a supplemental evaluation by another administrator in the school district selected by him and the superintendent. If a school district has five or fewer administrators, the supplemental evaluator may be an administrator from another school district in this state. If a probationary employee has received during the first school year of his probationary period three evaluations which state that the employee’s overall performance has been satisfactory, the superintendent of schools of the school district or his designee shall waive the second year of the employee’s probationary period by expressly providing in writing on the final evaluation of the employee for the first probationary year that the second year of his probationary period is waived. Such an employee is entitled to be a postprobationary employee in the ensuing year of employment.

5. If a probationary employee is notified that he will not be reemployed for the second year of his probationary period or the ensuing school year, his employment ends on the last day of the current school year. The notice that he will not be reemployed must include a statement of the reasons for that decision.

6. A new employee or a postprobationary teacher who is employed as an administrator shall be deemed to be a probationary employee for the purposes of this section and must serve a 2-year probationary period as an administrator in accordance with the provisions of this section. If the administrator does not receive an unsatisfactory evaluation during the first year of probation, the superintendent or his designee shall waive the second year of the administrator’s probationary period. Such an administrator is entitled to be a postprobationary employee in the ensuing year of employment. If [a] :

(a) A postprobationary teacher who is an administrator is not reemployed [in that capacity] as an administrator after either year of his probationary period [, he may accept] ; and

(b) There is a position as a teacher available for the ensuing school year in the school district in which the person is employed,

the board of trustees of the school district shall, on or before May 1, offer the person a contract as a teacher for the ensuing school year . The person may accept the contract in writing on or before May 10. If [he] the person fails to accept the contract as a teacher, [he] the person shall be deemed to have rejected the offer of a contract as a teacher.

7. An administrator who has completed his probationary period pursuant to subsection 6 and is thereafter promoted to the position of principal must serve an additional probationary period of 1 year in the position of principal. If the administrator serving the additional probationary period is not reemployed [in that capacity] as a principal after the expiration of the additional probationary period, [he may accept] the board of trustees of the school district in which the person is employed shall, on or before May 1, offer the person a contract for the ensuing school year[, in writing, on or before May 10,] for the administrative position in which [he] the person attained postprobationary status. [If he] The person may accept the contract in writing on or before May 10. If the person fails to accept such a contract, [he] the person shall be deemed to have rejected the offer of employment.

8. Before dismissal, the probationary employee is entitled to a hearing before a hearing officer which affords due process as set out in NRS 391.311 to 391.3196, inclusive.”.

Amend the title of the bill to read as follows:

“AN ACT relating to educational personnel; revising provisions governing the evaluation and admonition of probationary and postprobationary employees of school districts; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Makes various changes regarding educational personnel. (BDR 34‑297)”.

Assemblywoman Giunchigliani moved the adoption of the amendment.

Remarks by Assemblymen Giunchigliani and Price.

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

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

Assembly Bill No. 453.

Bill read third time.

Remarks by Assemblymen Giunchigliani, Freeman, Brower, Carpenter, Beers and Anderson.

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

Assemblywoman Giunchigliani:

I would just remind everyone that AB 453 simply implements the will of the people. They spoke, not once but twice, in this State, with more than 65.2% of the public supporting it the second time around. In fact, out of the 42 Assembly seats in this body, in at least 34 of the seats, Question 9 received more votes than all of us sitting here. Governor Guinn also received 223,892 votes and Question 9 received 380, 926 votes. I think the public knew very well what they were voting on and recognized that under extreme medical conditions they supported the issue of a registry card and allowing an individual to have access to this. This is a states rights issue, which I think Nevadans have long held dear. In the second component of the bill, the de-felonization issue is simply codifying what is current practice, but also offers different protections that are there. By supporting this legislation you are not only instituting the will of the people, you are also stating that you do not believe that drug use is correct; you do believe that prevention and treatment are. That is the focus of this legislation. Thank you.

Assemblywoman Freeman:

Thank you, Mr. Speaker. I rise in support of AB 453. It has long been a puzzle to me that people are forced to jump through such hoops to have access to something that is potentially very helpful to those who need it. The medical community and health care facilities have for many years regulated and dispensed controlled substances. There is no reason in the world that we shouldn’t have done this a long time ago except for the fear in the law enforcement community that it was an entry level drug. Over the years it probably has been and that is probably all of our faults. I compliment my colleague from Las Vegas in bringing this to us and I think that we need to take the courageous step and support this piece of legislation.

Assemblyman Brower:

Thank you, Mr. Speaker. I rise in opposition, very reluctantly, to AB 453. Let me first echo some of the comments made by my colleague from Reno. I think I said a lot of the same things during the Judiciary Committee’s hearing on this bill. As I read the bill, and if you look at it, it is a very long complicated bill. It creates too many hoops to jump through, for those who feel they might benefit from medical marijuana. I support the concept, but I think that this complicated bill creates more problems than it solves. Last week the United States Supreme Court reaffirmed that it is a federal crime to possess or use marijuana. I know that many in this body are thinking as I speak—so what. So what about the feds—we don’t care what the feds do. I have been known to say that from time to time myself. I believe very strongly in state’s rights and the principles of federalism, but the fact is that I think this bill puts Nevadans in the position of a Catch 22. We are saying to them—we are not going to prosecute you, go ahead and buy, grow, possess and use. It is a federal crime but don’t worry about that. I think it is unfair to put our citizens in that position, despite the fact that many feel the need to use marijuana to solve or relieve their medical problems. I think that those people will continue to do so. We all know that they will, as they have been.

The de-felonization issue is also a concern. The drug court judges I have talked to don’t like this bill. They like the current system. They don’t charge defendants with felonies for small first time possession. Our prison system is not full of small time marijuana possessors. That is not the way it works. I don’t see this bill as the answer. I was hopeful that this session we could pass a bill that did not run afoul of Federal Law. Unfortunately, with the United States Supreme Court’s decision of last week we can’t do that with this bill. I commend my colleague for trying to tackle this problem that has the attention of so many Nevadans. I don’t think this is the answer. If this bill does not make it through I would hope that she and others would continue to attempt to solve this problem. In my opinion it will take Congress changing the Federal Law before we can safely and effectively change the way the system works in Nevada. For those reasons I reluctantly oppose AB 453. Thank you, Mr. Speaker.

Assemblyman Carpenter:

Thank you, Mr. Speaker. I rise in support of AB 453. I think the most important part of this bill is the treatment part. On the first offense you have to find out if you are addicted. On the second time you must go to treatment. If we are ever going to make any headway on the drug problem in this nation it will be through treatment. That is the only thing that works. There were a lot of judges that came to Judiciary in support of allowing people to use marijuana for medicinal purposes. I think the people have spoken. As far as going against Federal Law—that is right down my alley. Thank you, Mr. Speaker. I do support AB 453.

Assemblyman Beers:

Thank you, Mr. Speaker. I rise in support of AB 453 with two points that I don’t believe have been made yet. One is that we tell our youth that possession of marijuana is a felony, but it is okay to drink beer till you can’t move. I think that undermines the credibility of all the rest of our collective substance abuse control efforts. The other point is that we are one of the last states, if not the last, that has a felony law for possession.

Assemblyman Anderson:

Thank you, Mr. Speaker. I rise in support of the legislation. The former Chief Justice of the State Supreme Court held a study of judges several years ago from which we are still trying to implement the various recommendations. One of them is this very piece of legislation. The need for this in terms of the hypocrisy that exists in a system that has legislation that mandates one thing, only to see it ignored by the district attorneys. It causes a high level of frustration in the law enforcement agencies that feel they do the right thing by the letter of the law and offenders are not prosecuted. It seems to me we should ask law enforcement personnel to do what we are asking them to do, not any less. If we are not going to enforce the law, we should not have it on the books. That is exactly what this is doing, forcing law enforcement into a difficult position. This legislation will clarify the situation.

Roll call on Assembly Bill No. 453:

Yeas—30.

Nays—Angle, Brower, Brown, Cegavske, Gibbons, Gustavson, Humke, Lee, Oceguera, Smith, Tiffany, Von Tobel—12.

Assembly Bill No. 453 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Assembly Bill No. 630.

Bill read third time.

Roll call on Assembly Bill No. 630:

Yeas—42.

Nays—None.

Assembly Bill No. 630 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Arberry moved that Assembly Bill No. 69 be taken from the Chief Clerk's desk and placed on the General File.

Remarks by Assemblyman Arberry.

Motion carried.

general file and third reading

Assembly Bill No. 661.

Bill read third time.

Remarks by Assemblymen Bache, Collins, Carpenter, Leslie and Brower.

Potential conflict of interest declared by Assemblyman Collins.

Conflict of interest declared by Assemblyman Brower.

Roll call on Assembly Bill No. 661:

Yeas—33.

Nays—Angle, Buckley, Giunchigliani, Goldwater, Gustavson, Leslie, Manendo, Parks—8.

Not Voting—Brower.

Assembly Bill No. 661 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Assembly Bill No. 666.

Bill read third time.

Remarks by Assemblyman Oceguera.

Roll call on Assembly Bill No. 666:

Yeas—42.

Nays—None.

Assembly Bill No. 666 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Senate Bill No. 25.

Bill read third time.

Remarks by Assemblyman Anderson.

Roll call on Senate Bill No. 25:

Yeas—42.

Nays—None.

Senate Bill No. 25 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Senate Bill No. 26.

Bill read third time.

Remarks by Assemblywoman Chowning.

Roll call on Senate Bill No. 26:

Yeas—42.

Nays—None.

Senate Bill No. 26 having received a constitutional majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

Senate Bill No. 27.

Bill read third time.

Roll call on Senate Bill No. 27:

Yeas—42.

Nays—None.

Senate Bill No. 27 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Senate Bill No. 38.

Bill read third time.

Roll call on Senate Bill No. 38:

Yeas—42.

Nays—None.

Senate Bill No. 38 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Senate Bill No. 39.

Bill read third time.

Remarks by Assemblymen Goldwater, Buckley, Gustavson, Gibbons and Anderson.

Assemblyman Goldwater moved that Senate Bill No. 39 be taken from the General File and placed on the Chief Clerk’s desk.

Motion carried.

Senate Bill No. 48.

Bill read third time.

Remarks by Assemblymen Anderson and Beers.

Potential conflict of interest declared by Assemblyman Beers.

Roll call on Senate Bill No. 48:

Yeas—42.

Nays—None.

Senate Bill No. 48 having received a constitutional majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

Senate Bill No. 49.

Bill read third time.

Remarks by Assemblymen Angle and Beers.

Potential conflict of interest declared by Assemblyman Beers.

Roll call on Senate Bill No. 49:

Yeas—41.

Nays—None.

Not Voting—Brower.

Senate Bill No. 49 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Senate Bill No. 61.

Bill read third time.

Remarks by Assemblyman Lee.

Roll call on Senate Bill No. 61:

Yeas—42.

Nays—None.

Senate Bill No. 61 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Senate Bill No. 62.

Bill read third time.

Remarks by Assemblymen Mortenson, Giunchigliani, Anderson, Beers, Chowning, de Braga, Freeman, Price, Collins, Carpenter and Von Tobel.

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

Roll call on Senate Bill No. 62:

Yeas—36.

Nays—Chowning, Freeman, Goldwater, Gustavson, Mortenson, Tiffany—6.

Senate Bill No. 62 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Senate Bill No. 70.

Bill read third time.

Remarks by Assemblyman Goldwater.

Assemblyman Goldwater moved that Senate Bill No. 70 be taken from the General File and placed on the Chief Clerk’s desk.

Motion carried.

Senate Bill No. 135.

Bill read third time.

Roll call on Senate Bill No. 135:

Yeas—42.

Nays—None.

Senate Bill No. 135 having received a constitutional majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Arberry moved that Senate Bill No. 367 be taken from the General File and re-referred to the Committee on Ways and Means.

Remarks by Assemblyman Arberry.

Motion carried.

Assemblyman Arberry moved that Senate Bill No. 228 be taken from the Chief Clerk’s desk and re-referred to the Committee on Ways and Means.

Motion carried.

Assemblyman Arberry moved that Senate Bill No. 196 be taken from the General File and placed on the Chief Clerk’s desk.

Remarks by Assemblyman Arberry.

Motion carried.

Assemblyman Arberry moved that upon return from the printer Senate Bill No. 565 be placed on the Chief Clerk’s desk.

Motion carried.

general file and third reading

Senate Bill No. 144.

Bill read third time.

Remarks by Assemblyman Beers.

Roll call on Senate Bill No. 144:

Yeas—41.

Nays—Gibbons.

Senate Bill No. 144 having received a constitutional majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

Senate Bill No. 150

Bill read third time.

Remarks by Assemblymen Buckley, Bache, Gustavson, Mortenson and Giunchigliani.

Assemblyman Bache moved that Senate Bill No. 150 be taken from the General File and placed on the Chief Clerk’s desk.

Motion carried.

Senate Bill No. 153.

Bill read third time.

Remarks by Assemblymen Dini, Gustavson, Manendo and Giunchigliani.

Roll call on Senate Bill No. 153:

Yeas—39.

Nays—Collins, Gustavson—2.

Not Voting—Carpenter.

Senate Bill No. 153 having received a two-thirds majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

Senate Bill No. 156.

Bill read third time.

Remarks by Assemblymen Goldwater, Parks, Neighbors, Marvel and Brower.

Potential conflict of interest declared by Assemblymen Brower, Marvel, Neighbors and Parks.

Roll call on Senate Bill No. 156:

Yeas—42.

Nays—None.

Senate Bill No. 156 having received a constitutional majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblywoman Chowning moved that Senate Bill No. 303 be taken from the Chief Clerk's desk and placed on the General File.

Remarks by Assemblywoman Chowning.

Motion carried.

REPORTS OF COMMITTEES

Mr. Speaker:

Your Committee on Education, to which was re-referred Senate Bill No. 113, 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 Education, to which was referred Senate Bill No. 236, 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

REPORTS OF Select cOMMITTEES

Mr. Speaker:

Your Select Committee on Energy, to which was referred Senate Bill No. 210, 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

MOTIONS, RESOLUTIONS AND NOTICES

Assemblywoman Buckley moved that Senate Bill No. 236 be placed on the Second Reading File.

Motion carried.

Assemblywoman Buckley moved that Senate Bill No. 113 be placed at the top of the General File.

Motion carried.

SECOND READING AND AMENDMENT

Senate Bill No. 236.

Bill read second time.

The following amendment was proposed by the Committee on Education:

Amendment No. 879.

Amend section 1, page 1, by deleting lines 12 through 15 and inserting:

“week. In lieu of tutoring, the parent or legal guardian of such a child may agree with the entity that employs the child that the entity will pay the costs for the child to receive other educational or instructional services which are equivalent to tutoring. The provisions of this subsection apply during the period of a child’s employment with an entity, regardless of whether the child has obtained the appropriate exemption from compulsory attendance at the time his contract with the entity is under negotiation.”.

Amend section 1, page 2, line 2, after “tutoring” by inserting:

“or other educational or instructional services”.

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

“or other educational or instructional services”.

Assemblyman Williams moved the adoption of the amendment.

Remarks by Assemblyman Williams.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

general file and third reading

Senate Bill No. 113.

Bill read second time.

The following amendment was proposed by the Committee on Education:

Amendment No. 878.

Amend sec. 4, page 2, by deleting lines 36 through 38 and inserting:

“(b) [Graduated] Except as otherwise provided in paragraph (c), graduated from a public or private high school in this state:

(1) After May 1, 2000; and

(2) Not more than 8 years before he applies for the scholarship;

(1) Was enrolled as a pupil in a public or private high school in this state with a class of pupils who were regularly scheduled to graduate after May 1, 2000;

(2) Received his high school diploma within 5 years after he was regularly scheduled to graduate; and

(3) Applies for the scholarship not more than 8 years after he was regularly scheduled to graduate from high school;

(d)”.

Amend sec. 4, page 2, line 42, by deleting “(d)” and inserting “[(d)] (e)”.

Amend sec. 4, page 3, by deleting lines 1 through 3.

Amend sec. 4, page 3, line 10, by deleting “For” and inserting:

“[For] Except as otherwise provided in paragraph (c) of subsection 1, for”.

Amend the title of the bill, line 3, after “state;” by inserting:

“revising the eligibility requirements for certain pupils who did not graduate from high school at the time regularly scheduled for their graduation;”.

Assemblyman Williams moved the adoption of the amendment.

Remarks by Assemblyman Williams.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

Mr. Speaker moved that the Assembly recess until 3:30 p.m.

Motion carried.

Assembly in recess at 1:57 p.m.

ASSEMBLY IN SESSION

At 3:37 p.m.

Mr. Speaker presiding.

Quorum present.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblywoman Buckley moved that Senate Bill No. 210 be placed on the Second Reading File.

Motion carried.

Assemblywoman Chowning moved that Senate Bill No. 257 be taken from the General File and placed on the Chief Clerk’s desk.

Remarks by Assemblywoman Chowning.

Motion carried.

SECOND READING AND AMENDMENT

Senate Bill No. 210.

Bill read second time.

The following amendment was proposed by the Select Committee on Energy:

Amendment No. 954.

Amend sec. 4, page 4, by deleting lines 13 through 22 and inserting:

“6. [All accident reports] Each accident report required to be made by a public utility pursuant to this section must be filed in the office of the commission and there preserved. [Notwithstanding any other provisions of law, neither any] Each accident report [made as] required to be made by a public utility pursuant to this chapter [, nor any report of] and each report made by the commission [made] pursuant to its investigation of any accident [investigation made by it , may] :

(a) Except as otherwise provided in subsection 2 of NRS 703.190, must be open to public inspection [or disclosed to any person, except upon order of the commission, nor may either or any of the reports, or any portion thereof,] ; and

(b) Notwithstanding any specific statute to the contrary, must not, in whole or in part, be admitted as evidence or used for any purpose in any suit or action for damages [growing] arising out of any matter mentioned in [the]:

(1) The accident report required to be made by the public utility; or

(2) The report [of any such] made by the commission pursuant to its investigation.”.

Amend sec. 8, page 6, by deleting lines 18 through 22 and inserting:

“1. “Alternative seller” has the meaning ascribed to it in NRS 704.994.”.

Amend sec. 13, page 10, by deleting lines 16 through 20 and inserting:

“4. As used in this section, “alternative seller” has the meaning ascribed to it in NRS 704.994.”.

Assemblyman Bache moved the adoption of the amendment.

Remarks by Assemblyman Bache.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Goldwater moved that Senate Bill No. 39 be taken from the Chief Clerk’s desk and placed on the General File.

Remarks by Assemblyman Goldwater.

Motion carried.

Assemblyman Goldwater moved that Senate Bill No. 70 be taken from the Chief Clerk’s desk and placed on the General File.

Remarks by Assemblyman Goldwater.

Motion carried.

Assemblyman Goldwater moved that Senate Bill No. 122 be taken from the Chief Clerk’s desk and placed on the General File.

Remarks by Assemblyman Goldwater.

Motion carried.

Assemblyman Bache moved that Senate Bill No. 531 be taken from the Chief Clerk’s desk and placed at the top of the General File.

Remarks by Assemblyman Bache.

Motion carried.

general file and third reading

Senate Bill No. 531.

Bill read third time.

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

Amendment No. 991.

Amend the bill as a whole by adding a new section designated sec. 19.5, following sec. 19, to read as follows:

“Sec. 19.5. Sections 2 and 3 of Senate Bill No. 561 of this session are hereby amended to read as follows:

Sec. 2. NRS 353A.020 is hereby amended to read as follows:

353A.020 1. The director, in consultation with the committee and legislative auditor, shall adopt a uniform system of internal accounting and administrative control for agencies. The elements of the system must include, without limitation:

(a) A plan of organization which provides for a segregation of duties appropriate to safeguard the assets of the agency;

(b) A plan which limits access to assets of the agency to persons who need the assets to perform their assigned duties;

(c) Procedures for authorizations and recordkeeping which effectively control accounting of assets, liabilities, revenues and expenses;

(d) A system of practices to be followed in the performance of the duties and functions of each agency; and

(e) An effective system of internal review.

2. The director, in consultation with the committee and legislative auditor, may modify the system whenever he considers it necessary.

3. Each agency shall develop written procedures to carry out the system of internal accounting and administrative control adopted pursuant to this section.

4. For the purposes of this section, “agency” does not include:

(a) A board [or commission] created by the provisions of chapters 623 to [625,] 625A, inclusive, 628 , 630 to 640A, inclusive, 641 to 644, inclusive, 654 and 656 of NRS.

(b) The University and Community College System of Nevada.

(d) The housing division of the department of business and industry.

(e) The Colorado River commission of Nevada.

Sec. 3. NRS 353A.025 is hereby amended to read as follows:

353A.025 1. The head of each agency shall periodically review the agency’s system of internal accounting and administrative control to determine whether it is in compliance with the uniform system of internal accounting and administrative control for agencies adopted pursuant to subsection 1 of NRS 353A.020.

2. On or before July 1 of each even-numbered year, the head of each agency shall report to the director whether the agency’s system of internal accounting and administrative control is in compliance with the uniform system adopted pursuant to subsection 1 of NRS 353A.020. The reports must be made available for inspection by the members of the legislature.

3. For the purposes of this section, “agency” does not include:

(a) A board [or commission] created by the provisions of chapters 623 to [625,] 625A, inclusive, 628 , 630 to 640A, inclusive, 641 to 644, inclusive, 654 and 656 of NRS.

(b) The University and Community College System of Nevada.

(d) The housing division of the department of business and industry.

(e) The Colorado River commission of Nevada.

4. The director shall, on or before the first Monday in February of each odd-numbered year, submit a report on the status of internal accounting and administrative controls in agencies to the:

(a) Director of the legislative counsel bureau for transmittal to the:

(1) Senate standing committee on finance; and

(2) Assembly standing committee on ways and means;

(b) Governor; and

5. The report submitted by the director pursuant to subsection 4 must include, without limitation:

(a) The identification of each agency that has not complied with the requirements of subsections 1 and 2;

(b) The identification of each agency that does not have an effective method for reviewing its system of internal accounting and administrative control; and

(c) The identification of each agency that has weaknesses in its system of internal accounting and administrative control, and the extent and types of such weaknesses.”.

Assemblyman Bache moved the adoption of the amendment.

Remarks by Assemblyman Bache.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

Assemblyman Bache moved that upon return from the printer Senate Bill No. 531 be placed on the Chief Clerk’s desk.

Remarks by Assemblyman Bache.

Motion carried.

Senate Bill No. 175.

Bill read third time.

Remarks by Assemblyman Lee.

Roll call on Senate Bill No. 175:

Yeas—42.

Nays—None.

Senate Bill No. 175 having received a constitutional majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

Senate Bill No. 202.

Bill read third time.

Roll call on Senate Bill No. 202:

Yeas—42.

Nays—None.

Senate Bill No. 202 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Senate Bill No. 211.

Bill read third time.

Remarks by Assemblyman Bache.

Roll call on Senate Bill No. 211:

Yeas—42.

Nays—None.

Senate Bill No. 211 having received a constitutional majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

Senate Bill No. 219

Bill read third time.

Remarks by Assemblywomen Chowning and Giunchigliani.

Assemblywoman Buckley moved that Senate Bill No. 219 be taken from the General File and placed on the Chief Clerk’s desk.

Remarks by Assemblywoman Buckley.

Motion carried.

Senate Bill No. 222.

Bill read third time.

Remarks by Assemblyman Goldwater.

Roll call on Senate Bill No. 222:

Yeas—42.

Nays—None.

Senate Bill No. 222 having received a constitutional majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Goldwater moved that Senate Bill No. 376 be taken from the Chief Clerk’s desk and placed on the General File.

Remarks by Assemblyman Goldwater.

Motion carried.

general file and third reading

Senate Bill No. 227.

Bill read third time.

Remarks by Assemblyman Goldwater.

Roll call on Senate Bill No. 227:

Yeas—41.

Nays—Collins.

Senate Bill No. 227 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Senate Bill No. 238.

Bill read third time.

Remarks by Assemblyman Goldwater.

Roll call on Senate Bill No. 238:

Yeas—42.

Nays—None.

Senate Bill No. 238 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Senate Bill No. 249.

Bill read third time.

Roll call on Senate Bill No. 249:

Yeas—42.

Nays—None.

Senate Bill No. 249 having received a constitutional majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

Senate Bill No. 250.

Bill read third time.

Roll call on Senate Bill No. 250:

Yeas—41.

Nays—Humke.

Senate Bill No. 250 having received a constitutional majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

Senate Bill No. 252.

Bill read third time.

Roll call on Senate Bill No. 252:

Yeas—42.

Nays—None.

Senate Bill No. 252 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Senate Bill No. 255.

Bill read third time.

Remarks by Assemblywoman Smith.

Roll call on Senate Bill No. 255:

Yeas—42.

Nays—None.

Senate Bill No. 255 having received a constitutional majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

Senate Bill No. 260.

Bill read third time.

Remarks by Assemblyman Carpenter.

Roll call on Senate Bill No. 260:

Yeas—42.

Nays—None.

Senate Bill No. 260 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Senate Bill No. 273.

Bill read third time.

Roll call on Senate Bill No. 273:

Yeas—38.

Nays—Angle, Collins, Gustavson, Hettrick—4.

Senate Bill No. 273 having received a constitutional majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

Senate Bill No. 274.

Bill read third time.

Remarks by Assemblymen Dini, Collins, Lee and Brown.

Potential conflict of interest declared by Assemblymen Collins and Lee.

Conflict of interest declared by Assemblyman Brown.

Roll call on Senate Bill No. 274:

Yeas—41.

Nays—None.

Not Voting—Brown.

Senate Bill No. 274 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Senate Bill No. 297.

Bill read third time.

Roll call on Senate Bill No. 297:

Yeas—42.

Nays—None.

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

Bill ordered transmitted to the Senate.

Senate Bill No. 298.

Bill read third time.

Remarks by Assemblywoman Parnell.

Roll call on Senate Bill No. 298:

Yeas—42.

Nays—None.

Senate Bill No. 298 having received a constitutional majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

Senate Bill No. 299

Bill read third time.

Assemblyman Parks moved that Senate Bill No. 299 be taken from the General File and placed on the Chief Clerk’s desk.

Motion carried.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Parks moved that Senate Bill No. 330 be taken from the General File and placed on the Chief Clerk’s desk.

Remarks by Assemblyman Parks.

Motion carried.

general file and third reading

Senate Bill No. 301.

Bill read third time.

Remarks by Assemblyman Carpenter.

Roll call on Senate Bill No. 301:

Yeas—42.

Nays—None.

Senate Bill No. 301 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Senate Bill No. 317.

Bill read third time.

Roll call on Senate Bill No. 317:

Yeas—42.

Nays—None.

Senate Bill No. 317 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Senate Bill No. 336.

Bill read third time.

Roll call on Senate Bill No. 336:

Yeas—42.

Nays—None.

Senate Bill No. 336 having received a constitutional majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

Senate Bill No. 349.

Bill read third time.

Remarks by Assemblymen Bache, Hettrick, Gustavson, Anderson, Arberry, Beers, Carpenter, Giunchigliani, Koivisto, McClain, Neighbors, Oceguera, Parks, Parnell and Williams.

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

Potential conflict of interest declared by Assemblymen Anderson, Arberry, Bache, Beers, Carpenter, Giunchigliani, Gustavson, Hettrick, Koivisto, McClain, Neighbors, Oceguera, Parks, Parnell, Perkins and Williams.

Roll call on Senate Bill No. 349:

Yeas—41.

Nays—None.

Not Voting—Hettrick.

Senate Bill No. 349 having received a constitutional majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

Senate Bill No. 372.

Bill read third time.

The following amendment was proposed by Assemblyman Humke:

Amendment No. 953.

Amend sec. 8, page 2, line 48, after “electricity;” by inserting “and”.

Amend sec. 8, page 3, by deleting lines 1 and 2.

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

Amend sec. 8, page 3, by deleting lines 14 and 15 and inserting “electricity.”.

Amend sec. 9, page 3, line 16, by deleting “a” and inserting “an end-use”.

Amend sec. 9, page 3, line 21, before “purchases” by inserting:

“is an end-use customer that”.

Amend sec. 10, page 4, by deleting line 6 and inserting:

“pursuant to a renewable energy contract with another party, the term of the renewable energy contract must”.

Amend sec. 10, page 4, line 7, before “contract” by inserting “renewable energy”.

Amend sec. 10, page 4, line 9, before “contract” by inserting “renewable energy”.

Amend sec. 10, page 4, line 10, before “contract” by inserting “renewable energy”.

Amend sec. 10, page 4, line 11, before “contract.” by inserting “renewable energy”.

Amend sec. 10, page 4, by deleting lines 31 through 33 and inserting:

“If the commission determines that:

(a) There is not or will not be a sufficient supply of electricity from such renewable energy systems made available to the provider during a calendar year; or

(b) The contract price that the provider will be required to pay for renewable energy contracts to comply with its portfolio standard during a calendar year will be more than 5 percent above the contract price for nonrenewable energy contracts of similar availability and terms,

the commission shall exempt the”.

Amend sec. 10, page 4, between lines 36 and 37 by inserting:

“7. As used in this section:

(a) “Nonrenewable energy contract” means a contract to acquire electricity from a facility or energy system other than a renewable energy system.

(b) “Renewable energy contract” means a contract to acquire electricity from a renewable energy system.”.

Assemblyman Humke moved the adoption of the amendment.

Remarks by Assemblymen Humke, Bache, Von Tobel, de Braga, Hettrick, Collins, Goldwater, Freeman and Buckley.

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

Assemblyman Humke:

Thank you, Mr. Speaker. The first part of the amendment adds Section 8. It deals with the effective date; January 1, 1997 and does eliminate that, eliminating the existing geothermal companies from being part of the portfolio. It would change a section of the bill so that existing geothermal contracts would be counted under the percentage requirement for the renewal energy. The second part of the amendment changes Section 9 providing for a clarification to include the words “in use customer.” This would make everyone subject to the portfolio standard and not just the incumbent utility. There are certain other public utilities out there that this amendment would bring under the bill. The third change, in Section 10, provides for consumer protection and the effect of this amendment language is that it provides for a 5 percent differential above the price of renewable contracts that all the utilities could pay for the certain renewable energy as defined in the bill.

At a time of uncertainty in the energy market, additional generation sources in the state should be examined. Environmentally friendly renewables are extremely important in the solution to our energy woes; however, with energy prices increasing now is not the time to increase rates even more by subsidizing renewable energy. We need some kind of consumer protection so Nevadans are not paying a premium for these types of resources. Thank you, Mr. Speaker.

Assemblyman Bache:

Thank you, Mr. Speaker. I rise in opposition to this amendment to SB 372. I believe that the effect of it would be to eliminate some of the possible renewable resources. The solar industry in particular would see this as a signal that Nevada was not interested in renewable resources. We would not be able to bring in new businesses to develop here. Other renewable energy businesses such as geothermal and wind would look at this and say, “We may as well leave Nevada. It won’t help.” We also need to broaden our portfolio standard. Part of our problem that we have now is that we have been so dependent on fossil fuels that we haven’t had the development of these renewables. We need to encourage that market and Nevada could be a renewable resource producer for the nation. Thank you.

Assemblywoman Von Tobel:

Thank you, Mr. Speaker. I rise in support of the amendment to SB 372. We have to recognize these companies that are planning to come to our state to start up solar, are very large companies. Why are we subsidizing them when BP is one large company? It has a market cap of $207 billion. I don’t think they need this many subsidies to get started. If this is a feasible business plan, it will be successful. To protect the consumers by requiring this source of power be within 5 percent of all the other power out there, is consumer protection. This is a time when we need to save our ratepayers from high energy bills. If anyone has looked at their power bill lately; we haven’t even been home and my power bill from using air conditioning for two days was over $80, based on a house that hasn’t even been used. That is just the beginning. These rates are going to continue to go up and it’s not the time to allow a major to go forward that will increase bills even more. Thank you, Mr. Speaker.

Assemblywoman de Braga:

Thank you, Mr. Speaker. I just wish to disclose that I’m a recipient of geothermal royalties, however this bill doesn’t affect me in any manner. Should the amendment pass, I hold an interest in a business that would be qualified to be a potential source of renewables for electric utilities to meet their portfolio standards but it would not affect me any differently than anyone else.

Assemblyman Hettrick:

Thank you, Mr. Speaker. I rise in support of the amendment. I would point out that by offering a 5 percent bonus over the cost of non-renewable energy contract, you are actually paying a bonus and recognizing the need to include renewables. The issue here is whether we need to include renewables at any price and in any amount. We are also in other bills, including this bill, saying that we have to do 5 percent and up to 15 percent. We are simply concerned the ratepayers are going to end up paying significantly more. We are trying to say that if it is 5 percent more, it’s worth it. If it goes beyond that, we’re not certain it is and it would have a negative impact on the ratepayer. Thank you.

Assemblyman Collins:

Thank you, Mr. Speaker. Just in the last few minutes, SB 273 and SB 227 have been passed, making breaks for these types of renewable businesses. A tax break, which means those communities will have to find that revenue somewhere else. Further, it seems to be that 15 years ago the PUC put in a “Green Power” and I don’t know if anyone knows how much alternate energy or renewable energy that has brought to our state. I’m puzzled either way, whether this amendment does any good or not, or whether the bill would do any good or not. Maybe someone in Taxation or the Select Energy Committee could say. We give them a break on property taxes up to ten years. We’ve given them a break on sales tax, in another bill, for their equipment. Where does that get replaced, unless it’s from other people’s rates? If someone could answer that I think it would affect some votes on additional bills.

Assemblyman Goldwater:

Thank you, Mr. Speaker. If it’s the Speaker’s determination that this is germane issue to this particular amendment I would mention to the Assemblyman from District 1 that all the renewable tax exemptions that have passed have less than a ten year sunset. In fact, I think five years is the largest one. The testimony in the committee was that these are economic development type exemptions. That once they build these facilities, once they get them operated and those exemptions go away, that there is such a positive impact on these fledgling rural communities that the tax exemptions benefit more than they cost. That was the testimony in the committee. Additionally, there was a society benefit determined. Renewable energy might be worth offering these incentives as well.

Assemblyman Humke:

Thank you, Mr. Speaker. I have no quarrel with the other two bills mentioned by the Assemblyman from District 1 with the tax exemptions offered. I voted for those on the basis of the economic development theory. The problem with this bill with the 15 percent requirement is that ultimately in a few years ratepayers will subsidize these “green” or renewable sources of energy. That is just wrong. There should be a cap of some sort. If you don’t like a 5 percent cap above the standard electricity generated cost, then name a cap price. That is all the amendment is suggesting. In reference to the other part of the amendment and the other question raised by the Assemblyman there was testimony in the committee that Sierra Pacific Power currently uses approximately 9 percent of its energy from geothermal sources. That is the only figure I can give you. Thank you, Mr. Speaker.

Assemblywoman Freeman:

Thank you, Mr. Speaker. I rise in support of the amendment to SB 372. Anyone who knows me, knows that I support renewable energy. I see this as a consumer protection issue. I do support the amendment. I think it is a good move.

Assemblywoman Buckley:

Thank you, Mr. Speaker. I rise in opposition to the amendment. I think I share the concerns of everyone in this body that we must do all we can from a public policy point of view to keep electricity as low as they can be. There is nothing we can do to stop prices from rising since much of the increase is due to the market. In every bill we consider and in every policy we discuss, however, we can do all we can to make sure prices stay as low as possible and that we don’t end up in the mess we are in right now. I think we can do that by enacting SB 372 without the amendment. In committee, it was very clear that if we don’t send a strong signal to renewable energy providers, that they won’t come to our state. It is, also, I believe, undisputed that we don’t’ have a diverse portfolio. When you rely on one type of energy and then the price goes through the roof, you haven’t hedged your bets. You have not assured you are assuming too much risk. Prices go through the roof. That is what we have right now. In terms of consumer protection, there are a couple of consumer protections contained in the bill that were not mentioned. First, the standard initially set is 5 percent. It does not begin until the years 2003 and 2004. As the sponsor of the amendment indicated, the power company is at a 9 percent standard, which would not be required to be met until 2007 and 2008. So how this policy doesn’t make sense, I believe is already apparent by the fact they are already meeting a certain standard. Additionally, all utility rates must be just and reasonable. If the Public Utilities Commission finds that renewables are not comparable, they do not have to approve them. Additionally, the Nevada Legislature will be in session in 2003. If we feel that our public policy purposes are not being met, we can revisit it. I believe the bill, without the amendment, will attract energy providers that we need to keep prices low for our constituents.

Potential conflict of interest declared by Assemblyman de Braga.

Amendment lost on a division of the House.

Remarks by Assemblyman Bache.

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

Assemblyman Bache:

Thank you, Mr. Speaker. SB 372 requires all counties and incorporated cities whose population is 100,000 or more to adopt model construction and energy codes that regulate the design of energy efficient buildings and the installation of energy efficient mechanical lighting and power systems for all new construction. The bill increases the renewable portfolio standard to no less than 5 percent per year of the total amount of electricity annually consumed by customers of a electric utility or alternative seller for the year ending December 31, 2003 and December 31, 2004. Not less than 10 percent of this requirement must be met from solar renewable energy systems. Therefore, the portfolio standard increases 2 percent at the end of each succeeding biennium until it reaches 15 percent of the total amount of electricity consumed as of December 31, 2013 and December 31, 2014.

Additionally, if the portfolio standard is procured from a renewable energy system pursuant to a contract with a third party, the term of the contract must not be less than 10 years unless the third party so chooses. Any such contract approved by the Public Utilities Commission (PUC) shall be deemed to be a prudent investment and the electric utility may recover all just and reasonable costs associated with the contract.

Moreover, the bill requires the PUC to establish a mechanism for enforcement of the portfolio standard. The mechanism may include but is not limited to assessing a per kilowatt hour fee for each kilowatt hour from a renewable energy system not sold by the electric utility or alternative seller as required by the portfolio standard in particular year. If the PUC determines that sufficient energy from renewable energy system is not available to a utility or alternative seller in a particular year, than no penalty shall be accessed for that deficiency in that year.

Finally, the bill defines renewable energy system to mean an energy system in this state that utilizes renewable energy to produce electricity that was installed and commenced operation after January 1, 1997 and that transmits energy via dedicated or shared transmission or distribution lines. The term also includes a solar, thermal energy system that reduces the consumption of electricity and was installed after January 1, 1997. Thank you, Mr. Speaker.

Roll call on Senate Bill No. 372:

Yeas—28.

Nays—Angle, Beers, Berman, Brower, Brown, Cegavske, Collins, Gustavson, Hettrick, Marvel, Nolan, Tiffany, Von Tobel—13.

Not Voting—Carpenter.

Senate Bill No. 372 having received a constitutional majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

Senate Bill No. 380.

Bill read third time.

Roll call on Senate Bill No. 380:

Yeas—42.

Nays—None.

Senate Bill No. 380 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Senate Bill No. 381.

Bill read third time.

Remarks by Assemblyman Goldwater.

Roll call on Senate Bill No. 381:

Yeas—42.

Nays—None.

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

Bill ordered transmitted to the Senate.

Senate Bill No. 389.

Bill read third time.

Remarks by Assemblyman Goldwater.

Roll call on Senate Bill No. 389:

Yeas—42.

Nays—None.

Senate Bill No. 389 having received a constitutional majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblywoman Giunchigliani moved that Senate Bill No. 466 be taken from the General File and placed on the Chief Clerk's desk.

Remarks by Assemblywoman Giunchigliani.

Motion carried.

general file and third reading

Senate Bill No. 397.

Bill read third time.

Roll call on Senate Bill No. 397:

Yeas—42.

Nays—None.

Senate Bill No. 397 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Senate Bill No. 406.

Bill read third time.

Roll call on Senate Bill No. 406:

Yeas—40.

Nays—Buckley, Leslie—2.

Senate Bill No. 406 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Senate Bill No. 412.

Bill read third time.

Roll call on Senate Bill No. 412:

Yeas—42.

Nays—None.

Senate Bill No. 412 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Senate Bill No. 415.

Bill read third time.

Remarks by Assemblymen Freeman and Giunchigliani.

Roll call on Senate Bill No. 415:

Yeas—41.

Nays—Anderson.

Senate Bill No. 415 having received a constitutional majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

Senate Bill No. 418.

Bill read third time.

Remarks by Assemblymen Chowning, Parks, Lee, Carpenter and Price.

Potential conflict of interest declared by Assemblymen Chowning, Parks, Lee, Carpenter and Price.

Roll call on Senate Bill No. 418:

Yeas—42.

Nays—None.

Senate Bill No. 418 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Senate Bill No. 480.

Bill read third time.

Roll call on Senate Bill No. 480:

Yeas—42.

Nays—None.

Senate Bill No. 480 having received a constitutional majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

Senate Bill No. 483.

Bill read third time.

Roll call on Senate Bill No. 483:

Yeas—42.

Nays—None.

Senate Bill No. 483 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Senate Bill No. 484.

Bill read third time.

Roll call on Senate Bill No. 484:

Yeas—42.

Nays—None.

Senate Bill No. 484 having received a constitutional majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

Senate Bill No. 499.

Bill read third time.

Roll call on Senate Bill No. 499:

Yeas—42.

Nays—None.

Senate Bill No. 499 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Senate Bill No. 519.

Bill read third time.

Roll call on Senate Bill No. 519:

Yeas—42.

Nays—None.

Senate Bill No. 519 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Senate Bill No. 528.

Bill read third time.

Remarks by Assemblyman Goldwater.

Roll call on Senate Bill No. 528:

Yeas—42.

Nays—None.

Senate Bill No. 528 having received a constitutional majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

Senate Bill No. 530.

Bill read third time.

Remarks by Assemblyman Bache.

Roll call on Senate Bill No. 530:

Yeas—42.

Nays—None.

Senate Bill No. 530 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Senate Bill No. 533.

Bill read third time.

Roll call on Senate Bill No. 533:

Yeas—42.

Nays—None.

Senate Bill No. 533 having received a constitutional majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

Senate Bill No. 546.

Bill read third time.

Roll call on Senate Bill No. 546:

Yeas—42.

Nays—None.

Senate Bill No. 546 having received a constitutional majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

Senate Bill No. 548.

Bill read third time.

Roll call on Senate Bill No. 548:

Yeas—42.

Nays—None.

Senate Bill No. 548 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Senate Bill No. 552.

Bill read third time.

Roll call on Senate Bill No. 552:

Yeas—41.

Nays—Gustavson.

Senate Bill No. 552 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Senate Bill No. 556.

Bill read third time.

Remarks by Assemblyman Bache.

Roll call on Senate Bill No. 556:

Yeas—42.

Nays—None.

Senate Bill No. 556 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Senate Bill No. 557.

Bill read third time.

Roll call on Senate Bill No. 557:

Yeas—42.

Nays—None.

Senate Bill No. 557 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Senate Bill No. 560.

Bill read third time.

Roll call on Senate Bill No. 560:

Yeas—38.

Nays—Angle, Cegavske, Gustavson, Hettrick—4.

Senate Bill No. 560 having received a constitutional majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

Senate Bill No. 566.

Bill read third time.

Roll call on Senate Bill No. 566:

Yeas—42.

Nays—None.

Senate Bill No. 566 having received a constitutional majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

Senate Bill No. 568.

Bill read third time.

Roll call on Senate Bill No. 568:

Yeas—42.

Nays—None.

Senate Bill No. 568 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Senate Bill No. 569.

Bill read third time.

Roll call on Senate Bill No. 569:

Yeas—39.

Nays—Angle, Gustavson—2.

Not Voting—Goldwater.

Senate Bill No. 569 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Senate Joint Resolution No. 11 of the 70th Session.

Resolution read third time.

Remarks by Assemblyman Goldwater.

Roll call on Senate Joint Resolution No. 11 of the 70th Session:

Yeas—42.

Nays—None.

Senate Joint Resolution No. 11 of the 70th Session having received a constitutional majority, Mr. Speaker declared it passed.

Resolution ordered transmitted to the Senate.

Assembly Bill No. 69.

Bill read third time.

Remarks by Assemblymen Buckley, Collins and Anderson.

Assemblyman Anderson moved that Assembly Bill No. 69 be taken from the General File and placed on the Chief Clerk’s desk.

Remarks by Assemblyman Anderson.

Motion carried.

Senate Bill No. 303.

Bill read third time.

Remarks by Assemblymen Chowning, Gustavson, and Mortenson.

Roll call on Senate Bill No. 303:

Yeas—30.

Nays—Angle, Beers, Brown, Carpenter, Dini, Freeman, Gustavson, Hettrick, Marvel, Parnell, Perkins, Von Tobel—12.

Senate Bill No. 303 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Senate Bill No. 39.

Bill read third time.

Remarks by Assemblyman Goldwater.

Roll call on Senate Bill No. 39:

Yeas—37.

Nays—Angle, Buckley, Carpenter, Collins, Gustavson—5.

Senate Bill No. 39 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Senate Bill No. 70.

Bill read third time.

Roll call on Senate Bill No. 70:

Yeas—42.

Nays—None.

Senate Bill No. 70 having received a constitutional majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

Senate Bill No. 122.

Bill read third time.

The following amendment was proposed by the Assemblywoman Freeman:

Amendment No. 963.

Amend sec. 2, page 1, line 4, after “chapter,” by inserting:

“unless the context otherwise requires,”.

Amend sec. 5, page 2, by deleting line 7 and inserting:

“this state. The term includes a county fair and recreation board of a county when it is acting on behalf of the county pursuant to section 10 of this act.”.

Amend sec. 13, page 4, line 30, after “levied” by inserting:

“on a specific operator”.

Amend sec. 14, page 4, lines 41 and 42, by deleting:

“provides otherwise by ordinance or resolution,” and inserting:

“otherwise provides by ordinance, resolution or regulation,”.

Amend sec. 15, page 5, by deleting lines 4 and 5 and inserting:

“(a) The rate of tax on transient lodging;”.

Amend sec. 53, page 22, by deleting lines 23 and 24 and inserting:

“general or special obligations issued by the city for a purpose authorized by the laws of this state.”.

Amend sec. 53, page 22, by deleting lines 28 and 29 and inserting:

“general or special obligations issued by the city pursuant to the laws of this state;”.

Assemblywoman Freeman moved the adoption of the amendment.

Remarks by Assemblywoman Freeman.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

Senate Bill No. 376.

Bill read third time.

Remarks by Assemblymen Goldwater and Collins.

Roll call on Senate Bill No. 376:

Yeas—42.

Nays—None.

Senate Bill No. 376 having received a constitutional majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

UNFINISHED BUSINESS

Consideration of Senate Amendments

Assembly Bill No. 54.

The following Senate amendment was read:

Amendment No. 663.

Amend section 1, page 1, lines 4 and 5, by deleting:

“kidnapping, attempted murder or felony aggravated stalking,” and inserting:

“kidnapping or attempted murder,”.

Amend section 1, page 1, line 8, by deleting “12” and inserting “5”.

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

Amend section 1, page 1, by deleting lines 14 and 15.

Amend section 1, page 1, line 16, by deleting “(b) “Law” and inserting ““law”.

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

“Sec. 4. Chapter 176 of NRS is hereby amended by adding thereto a new section to read as follows:

1. If the division is supervising a probationer or parolee pursuant to an interstate compact and the probationer or parolee is or has been convicted in another jurisdiction of violating a law that prohibits the same or similar conduct as an offense listed in subsection 4 of NRS 176.0913, the division shall arrange for a biological specimen to be obtained from the probationer or parolee.

2. After a biological specimen is obtained from a probationer or parolee pursuant to this section, the division shall:

(a) Provide the biological specimen to the forensic laboratory that has been designated by the county in which the probationer or parolee is residing to conduct or oversee genetic marker testing for the county pursuant to NRS 176.0917; and

(b) Submit the name, social security number, date of birth and any other information identifying the probationer or parolee to the central repository for Nevada records of criminal history.

3. A probationer or parolee, to the extent of his financial ability, shall pay the sum of $150 to the division as a fee for obtaining the biological specimen and for conducting the analysis to determine the genetic markers of the biological specimen. Except as otherwise provided in subsection 4, the fee required pursuant to this subsection must be collected from a probationer or parolee at the time the biological specimen is obtained from the probationer or parolee.

4. A probationer or parolee may arrange to make monthly payments of the fee required pursuant to subsection 3. If such arrangements are made, the division shall provide a probationer or parolee with a monthly statement that specifies the date on which the next payment is due.

5. Any unpaid balance for a fee required pursuant to subsection 3 is a charge against the division.

6. The division shall deposit money that is collected pursuant to this section in the fund for genetic marker testing, which is hereby created in the state general fund. The money deposited in the fund for genetic marker testing must be used to pay for the actual amount charged to the division for obtaining biological specimens from probationers and parolees, and for conducting an analysis to determine the genetic markers of the specimens.

Sec. 5. NRS 176.0911 is hereby amended to read as follows:

176.0911 As used in NRS 176.0911 to 176.0917, inclusive, and section 4 of this act, unless the context otherwise requires, “CODIS” means the Combined DNA Indexing System operated by the Federal Bureau of Investigation.”.

Amend sec. 4, page 2, line 34, by deleting “[4,] 6,” and inserting “4,”.

Amend sec. 4, page 3, by deleting lines 7 through 22 and inserting:

“176.0917. Any cost that is incurred to obtain [the samples of blood from the] a biological specimen from a defendant pursuant to this subsection is a charge against the county in which the defendant was convicted”.

Amend sec. 4, page 3, line 24, by deleting “[4.] 6.” and inserting “4.”.

Amend the bill as a whole by renumbering sections 6 and 7 as sections 9 and 10 and adding a new section designated sec. 8, following sec. 5, to read as follows:

“Sec. 8. NRS 176.0917 is hereby amended to read as follows:

176.0917 1. The board of county commissioners of each county shall designate a forensic laboratory to conduct or oversee for the county any genetic marker testing that is ordered or arranged pursuant to NRS 176.0913[.] or section 4 of this act.

2. The forensic laboratory designated by the board of county commissioners pursuant to subsection 1:

(a) Must be operated by this state or one of its political subdivisions; and

(b) Must satisfy or exceed the standards for quality assurance that are established by the Federal Bureau of Investigation for participation in CODIS.”.

Amend sec. 6, page 4, by deleting lines 48 and 49 and inserting:

“a person who is convicted of [sexual assault or any other sexual] a criminal offense, to the division in the”.

Amend sec. 6, page 5, by deleting lines 20 and 21 and inserting:

“assault or any other sexual] a criminal offense.”.

Amend the bill as a whole by deleting sec. 8 and renumbering sections 9 through 11 as sections 11 through 13.

Amend sec. 9, page 8, lines 2 and 3, by deleting:

“kidnapping, attempted murder or felony aggravated stalking” and inserting:

“kidnapping or attempted murder”.

Amend sec. 10, page 8, line 6, by deleting “7,” and inserting “10,”.

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

“which a prosecution for kidnapping or attempted murder must be commenced; revising certain provisions concerning”.

Assemblyman Anderson moved that the Assembly do not concur in the Senate amendment to Assembly Bill No. 54.

Remarks by Assemblyman Anderson.

Motion carried.

Bill ordered transmitted to the Senate.

Assembly Bill No. 377.

The following Senate amendment was read:

Amendment No. 674.

Amend sec. 2, page 3, line 27, after “if” by inserting:

“the arresting officer determines that”.

Amend sec. 4, page 6, line 2, after “if” by inserting:

“the peace officer or probation officer who has taken the child into custody determines that”.

Amend sec. 6, page 8, line 47, after “if” by inserting:

“the arresting officer determines that”.

Amend sec. 7, page 10, line 9, after “if” by inserting:

“the arresting officer determines that”.

Amend sec. 8, page 11, line 32, after “magistrate,” by inserting:

“or without the amount of bail having been otherwise set by a magistrate or a court,”.

Amend sec. 8, page 12, line 7, by deleting “court.” and inserting:

“court [.] , or when a magistrate or a court has otherwise been contacted to set the amount of bail.”.

Amend sec. 8, page 12, line 19, after “if” by inserting:

“the arresting officer determines that”.

Amend sec. 8, page 12, line 22, after “magistrate,” by inserting:

“or without the amount of bail having been otherwise set by a magistrate or a court,”.

Amend sec. 8, page 12, line 45, by deleting “court.” and inserting:

“court, or when a magistrate or a court has otherwise been contacted to set the amount of bail.”.

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

“the arresting officer determines that”.

Assemblyman Anderson moved that the Assembly concur in the Senate amendment to Assembly Bill No. 377.

Remarks by Assemblyman Anderson.

Motion carried by a constitutional majority.

Bill ordered to enrollment.

Assembly Bill No. 135.

The following Senate amendment was read:

Amendment No. 662.

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

“Sec. 6. (Deleted by amendment.)”.

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

“defining the duties of the fraud control unit; and providing other matters properly relating thereto.”.

Assemblyman Dini moved that the Assembly concur in the Senate amendment to Assembly Bill No. 135.

Remarks by Assemblyman Dini.

Motion carried by a constitutional majority.

Bill ordered to enrollment.

Assembly Bill No. 336.

The following Senate amendment was read:

Amendment No. 673.

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

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

“Sec. 2. NRS 127.152 is hereby amended to read as follows:

127.152 1. Except as otherwise provided in subsection [2,] 3, the division or a licensed child-placing agency shall provide the adopting parents of a child with a report which includes:

(a) A copy of any medical records of the child which are in the possession of the division or licensed child-placing agency . [; and]

(b) Any information obtained by the division or licensed child-placing agency during interviews of the natural parent regarding:

(1) The medical and sociological history of the child and the natural parents of the child; and

(2) Any behavioral, emotional or psychological problems that the child may have. Information regarding any behavioral, emotional or psychological problems that the child may have must be discussed in accordance with policies adopted by the division for the disclosure of such information.

(c) Written information regarding any subsidies, assistance and other services that may be available to the child if it is determined pursuant to NRS 127.186 that he has any special needs.

2. The division or child-placing agency shall obtain from the adopting parents written confirmation that the adopting parents have received the report required pursuant to subsection 1.

3. The report [created] required pursuant to subsection 1 must exclude any information that would lead to the identification of the natural parent.”.

Amend sec. 3, pages 2 and 3, by deleting lines 46 through 48 on page 2 and lines 1 through 11 on page 3, and inserting:

“(a) Schedule any evaluations necessary to identify any special needs the child may have.

(b) If it determines that the child has any special needs [and notify] :

(1) Notify the proposed adoptive parents [of a”.

Amend sec. 3, page 3, line 19, by deleting:

“adoptive parents or”.

Amend sec. 3, page 3, by deleting lines 28 through 34 and inserting:

“adoption and] grant of financial assistance.”.

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

“127.2817 1. The division shall[:

1. Adopt] adopt regulations setting forth the criteria to be used by the division”.

Amend sec. 4, page 4, by deleting lines 6 through 9 and inserting:

“adoption . [; and

2. If a determination is made pursuant to an investigation required by]

2. Upon the completion of an investigation conducted by the division or a licensed child-placing agency pursuant to NRS 127.120 or 127.2805 , the division or child-placing agency shall inform the prospective adoptive parent or”.

Amend sec. 4, page 4, by deleting line 13 and inserting:

“division or child-placing agency shall provide the prospective adoptive parent or parents with an”.

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

“persons involved in the process of adoption; requiring the division of child and family services of the department of human resources and a child-placing agency timely and diligently to schedule evaluations necessary to”.

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)”.

Assemblyman Koivisto moved that the Assembly concur in the Senate Amendment No. 673 to Assembly Bill No. 336.

Remarks by Assemblyman Koivisto.

Motion carried by a constitutional majority.

The following Senate amendment was read:

Amendment No. 831.

Amend sec. 3, page 3, lines 21 and 22, by deleting:

“and court costs”.

Amend sec. 3, page 3, between lines 41 and 42, by inserting:

“8. A court shall waive all court costs of the proposed adoptive parents in an adoption proceeding for a child with special needs if the division or child-placing agency consents to the adoption of such a child pursuant to this section.”.

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

“Sec. 5. Section 3 of this act becomes effective at 12:01 a.m. on October 1, 2001.”.

Assemblyman Koivisto moved that the Assembly concur in the Senate Amendment No. 831 to Assembly Bill No. 336.

Remarks by Assemblyman Koivisto.

Motion carried by a constitutional majority.

Bill ordered to enrollment.

Assembly Bill No. 214.

The following Senate amendment was read:

Amendment No. 758.

Amend sec 5.1, pages 6 and 7, by deleting lines 12 through 49 on page 6 and lines 1 through 44 on page 7, and inserting:

“Sec. 5.1. 1. Except as otherwise provided in subsection 8, if the department determines:

(a) That at least one irregularity in testing administration occurred at a school, including, without limitation, a charter school, during 1 school year on the examinations administered pursuant to NRS 389.015, excluding the high school proficiency examination;

(b) That in the immediately succeeding school year, at least one additional irregularity in testing administration occurred at that school on the examinations administered pursuant to NRS 389.015, excluding the high school proficiency examination; and

(c) Based upon the criteria set forth in subsection 5, that the irregularities described in paragraphs (a) and (b) warrant an additional administration of the examinations,

the department shall notify the school and the school district in which the school is located that the school is required to provide for an additional administration of the examinations to pupils who are enrolled in a grade that is required to take the examinations pursuant to NRS 389.015, excluding the high school proficiency examination, or to the pupils the department determines must take the additional administration pursuant to subsection 6. The additional administration must occur in the same school year in which the irregularity described in paragraph (b) occurred. The school district shall pay for all costs related to the administration of examinations pursuant to this subsection.

2. If the department determines that:

(a) At least one irregularity in testing administration occurred at a school, including, without limitation, a charter school, during 1 school year on the examinations administered pursuant to NRS 389.550;

(b) In the immediately succeeding school year, at least one additional irregularity in testing administration occurred at that school on the examinations administered pursuant to NRS 389.550; and

(c) Based upon the criteria set forth in subsection 5, that the irregularities described in paragraphs (a) and (b) warrant an additional administration of the examinations,

the department shall notify the school and the school district in which the school is located that the school is required to provide for an additional administration of the examinations to pupils who are enrolled in a grade that is required to take the examinations pursuant to NRS 389.550 or to the pupils the department determines must take the additional administration pursuant to subsection 6. The additional administration must occur in the same school year in which the irregularity described in paragraph (b) occurred. The school district shall pay for all costs related to the administration of examinations pursuant to this subsection.

3. If the department determines that:

(b) In the immediately succeeding school year, at least one additional irregularity in testing administration occurred at that school on the examinations administered pursuant to NRS 389.550; and

(c) Based upon the criteria set forth in subsection 5, that the irregularities described in paragraphs (a) and (b) warrant an additional administration of the examinations,

the department shall notify the school and the school district in which the school is located that the school is required to provide for an additional administration of the examinations to pupils who are enrolled in a grade that is required to take the examinations pursuant to NRS 389.550 or to the pupils the department determines must take the additional administration pursuant to subsection 6. The additional administration must occur in the same school year in which the irregularity described in paragraph (b) occurred. The school district shall pay for all costs related to the administration of examinations pursuant to this subsection.

4. Except as otherwise provided in subsection 8, if the department determines that:

(b) In the immediately succeeding school year, at least one additional irregularity in testing administration occurred at that school on the examinations administered pursuant to NRS 389.015, excluding the high school proficiency examination; and

(c) Based upon the criteria set forth in subsection 5, that the irregularities described in paragraphs (a) and (b) warrant an additional administration of the examinations,

5. In determining whether to require a school to provide for an additional administration of examinations pursuant to this section, the department shall consider:

(a) The effect of each irregularity in testing administration, including, without limitation, whether the irregularity required the scores of pupils to be invalidated; and

(b) Whether sufficient time remains in the school year to provide for an additional administration of examinations.

6. If the department determines pursuant to subsection 5 that a school must provide for an additional administration of examinations, the department may consider whether the most recent irregularity in testing administration affected the test scores of a limited number of pupils and require the school to provide an additional administration of examinations pursuant to this section only to those pupils whose test scores were affected by the most recent irregularity.

7. The department shall provide as many notices pursuant to this section during 1 school year as are applicable to the irregularities occurring at a school. A school shall provide for additional administrations of examinations pursuant to this section within 1 school year as applicable to the irregularities occurring at the school.

8. If a school is required to provide an additional administration of examinations pursuant to subsection 2 of NRS 385.368 for a school year, the school is not required to provide for an additional administration pursuant to subsection 1 or 4 in that school year. The department shall ensure that the information required pursuant to paragraph (b) of subsection 3 of section 5.9 of this act is included in its report for the additional administration provided by such a school pursuant to subsection 2 of NRS 385.368.”.

Amend sec. 5.5, page 8, by deleting lines 20 through 35 and inserting:

“examinations that are administered pursuant to NRS 389.015, excluding the high school proficiency examination. The program must:

(a) Be designed to ensure the consistency and uniformity of all materials and other information used in the preparation for the examinations; and

(b) Be designed to ensure that the actual examinations administered pursuant to NRS 389.015 are not included within the materials and other information used for preparation.

2. If a school, including, without limitation, a charter school, or a school district provides preparation for the examinations that are administered pursuant to NRS 389.015, excluding the high school proficiency examination, the school or school district shall comply with the program established pursuant to subsection 1. A school district may use and provide additional materials and information if the materials and information comply with the program established by the department. A school, including, without limitation, a charter school, shall use only those materials and information that have been approved or provided by the department or the school district.”.

Amend sec. 5.7, page 8, line 38, after “389.550.” by inserting:

“Upon approval of the department, the board of trustees of a school district or the governing body of a charter school may establish an expanded program of education and training that includes additional education and training if the expanded program complies with the program established by the department.”.

Amend sec. 5.7, page 8, by deleting line 46 and inserting:

“basis, the program of education and training established by the department or the expanded program, if applicable; and”.

Amend sec. 5.9, page 9, by deleting lines 38 and 39.

Amend sec. 5.9, page 9, line 40, by deleting “(II)” and inserting “(I)”.

Amend sec. 5.9, page 9, line 42, by deleting “(III)” and inserting “(II)”.

Assemblyman Williams moved that the Assembly concur in the Senate amendment to Assembly Bill No. 214.

Remarks by Assemblyman Williams.

Motion carried by a constitutional majority.

Bill ordered to enrollment.

REPORTS OF COMMITTEES

Mr. Speaker:

Your Concurrent Committee on Education, to which was referred Assembly Bill No. 188, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Wendell P. Williams, Chairman

MOTIONS, RESOLUTIONS AND NOTICES

Mr. Speaker announced the appointment of Assemblyman Anderson to the Select Committee on Health and Legal Issues.

Signing of Bills and Resolutions

There being no objections, the Speaker and Chief Clerk signed Assembly Bills Nos. 47, 105, 128, 154, 173, 210, 243, 277, 279, 345, 363, 364, 375, 415, 433, 458, 537, 571, 629, 639; Assembly Concurrent Resolution No. 2; Assembly Joint Resolutions Nos. 7, 12, 13, 26; Assembly Joint Resolution No. 13 of the 70th Session; Senate Bills Nos. 2, 34, 36, 123, 200, 204, 231, 234, 267, 272, 283, 327, 358, 378, 420, 471, 492, 523, 541, 558, 561.

GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR

On request of Assemblyman Brown, the privilege of the floor of the Assembly Chamber for this day was extended to Judge Stephen George.

On request of Assemblywoman Buckley, the privilege of the floor of the Assembly Chamber for this day was extended to Sydney Bogatz and Ann Bogatz.

On request of Assemblyman Hettrick, the privilege of the floor of the Assembly Chamber for this day was extended to Gemma Thomson, Dana Rosingus, Kim Folcka, Lynne Bonner, Diane Graham, Sue McLaughlin, Candy Burga, Sharla Hales, Dorothy Gadsby, Adam Campbell, Alisa Merino, Alyssa Cofano, Ana Paramo, Ashlee Negrete, Austin Ovard, Blake Beavers, Bridget Maestretti, Eric Erardy, Gemma Thompson, Heather Carpenter, Jamie Greer, Jimmy Gallette, Kamryn Noble, Katelyn Gadsby, Matthew Bonner, Megan McLaughlin, Nick Hales, "Nico" Dominic Barker, Stephanie Burga, Steven Matthews, Tommy Kelly, Trenton Rauber, Wyatt Ziebell, Bryan Vazquez, Wyatt Graham, Chris Folcka and Sarah Morlan.

On request of Assemblyman Humke, the privilege of the floor of the Assembly Chamber for this day was extended to Jensen Young.

On request of Assemblyman Marvel, the privilege of the floor of the Assembly Chamber for this day was extended to Michael Rebaleati.

On request of Assemblyman Price, the privilege of the floor of the Assembly Chamber for this day was extended to Teresa M. Price, Ashley Baldi, Alexandra Steiner and Cherie Price-Steiner.

Assemblywoman Buckley moved that the Assembly adjourn until Thursday, May 24, 2001 at 10:45 a.m.

Motion carried.

Assembly adjourned at 5:39 p.m.

Approved: Richard D. Perkins

Speaker of the Assembly

Attest: Jacqueline Sneddon

Mr. Speaker:

Your Committee on Ways and Means, to which was re-referred Assembly Bill No. 460, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Morse Arberry Jr., Chairman

Mr. Speaker:

Your Concurrent Committee on Ways and Means, to which were referred Assembly Bills Nos. 319, 448, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Morse Arberry Jr., Chairman

Speaker of the Assembly

Chief Clerk of the Assembly