THE FIFTY-NINTH DAY

THE FIFTY-NINTH DAY

Carson City(Wednesday), April 4, 2001

Senate called to order at 11:08 a.m.

President Hunt presiding.

Roll called by the former Secretary of the Senate, Jan Thomas.

All present.

Prayer by the Chaplain, Pastor Sami Perez.

Lord God Almighty.

We call upon the peace, which surpasseth all understanding for each one as they debate the rulings set before them. They have been appointed to represent us in important decisions of state. Guide them, direct them, and strengthen them—during the seasons they must vote in direct opposition to private convictions for the good of the majority. It is difficult, Father, but we can do all things through the Lord who strengthens us.

Amen.

Pledge of allegiance to the Flag.

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

Motion carried.

REPORTS OF COMMITTEES

Madam President:

Your Committee on Finance, to which was referred Senate Bill No. 517, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass, and place on Consent Calendar.

William J. Raggio, Chairman

Madam President:

Your Committee on Government Affairs, to which was referred Senate Bill No. 347, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Ann O'Connell, Chairman

Madam President:

Your Committee on Human Resources and Facilities, 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: Amend, and do pass as amended.

Raymond D. Rawson, Chairman

Madam President:

Your Committee on Legislative Affairs and Operations, to which was referred Senate Bill No. 65, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Also, your Committee on Legislative Affairs and Operations, to which was referred Senate Bill No. 169, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass, and re-refer to the Committee on Finance.

Jon C. Porter, Chairman

Madam President:

Your Committee on Natural Resources, to which was referred Senate Joint Resolution No. 1, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Dean A. Rhoads, Chairman

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, April 3, 2001

To the Honorable the Senate:

I have the honor to inform your honorable body that the Assembly on this day passed Assembly Bill No. 440; Senate Bill No. 59.

Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bills Nos. 30, 47, 74, 154.

Also, I have the honor to inform your honorable body that the Assembly on this day adopted Senate Concurrent Resolutions Nos. 27, 28.

Patricia R. Williams

Assistant Chief Clerk of the Assembly

WAIVERS AND EXEMPTIONS

Notice of Exemption

April 3, 2001

The Fiscal Analysis Division, pursuant to Joint Standing Rule No. 14.6, has determined the exemption of Senate Bills Nos.: 320, 324, 356, 365, 372, 414.

Gary Ghiggeri

Fiscal Analysis Division

MOTIONS, RESOLUTIONS AND NOTICES

By Senators Raggio, Titus, Amodei, Care, Carlton, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O'Connell, O'Donnell, Porter, Rawson, Rhoads, Schneider, Shaffer, Townsend, Washington and Wiener:

Senate Resolution No. 9—Inducting Janice L. Thomas as an honorary member of the Senate Hall of Fame.

Whereas, Janice L. Thomas, was born in McGill in White Pine County, Nevada, and soon moved with her parents to California where she received much of her formal education and training; and

Whereas, In 1963, Jan Thomas returned to Nevada with her husband, Bob, and made Carson City their home; and

Whereas, Jan Thomas is recognized among her many friends and colleagues for her sincerity, her competence, her gracious and compassionate demeanor, and her heartwarming smile; and

Whereas, Throughout her 34 years of service to the State of Nevada, Jan Thomas worked in several noteworthy positions and consistently demonstrated the highest standards of professionalism; and

Whereas, Jan Thomas served as Secretary to the Chairman of the State Gaming Control Board from 1967 to 1980 and as Secretary to the Director of the State Industrial Insurance System from 1980 to 1981; and

Whereas, Her 20 years of service in the Nevada State Senate began in 1981 when Jan was appointed Assistant Secretary of the Senate, and just 2 years later, in 1983, the members of the Nevada Senate elected her Secretary of the Senate, a post she would hold until her retirement in 2000; and

Whereas, Jan Thomas demonstrated her excellent technical skills, leadership, loyalty, teamwork, integrity and innovation on a daily basis as Secretary of the Senate, and worked effectively with legislators from both political parties; and

Whereas, Jan Thomas was noted by her Senate staff for her unique ability to see their potential, listen with empathy to their concerns, celebrate their successes and be a mentor and friend to them all; and

Whereas, The Senate of the Legislature of the State of Nevada wishes to recognize Janice L. Thomas for her friendship and dedicated service as Secretary of the Senate; now, therefore, be it

Resolved by the Senate of the State of Nevada, That Janice L. Thomas, who exemplified the highest and best standards of public service as Secretary of the Nevada Senate, is hereby inducted as an honorary member of the Senate Hall of Fame of the Legislature of the State of Nevada; and be it further

Resolved, That Jan Thomas has earned the right to spend copious amounts of leisure time enjoying the wonderful company of her husband, Bob, their daughters, Julie Thomas and Patricia Heilman, their son-in-law, Kevin Heilman, and their grandchildren, Alyssa and Michael Heilman; and be it further

Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Janice L. Thomas.

Senator Raggio moved the adoption of the resolution.

Remarks by Senators Raggio, Coffin, Titus, Neal, McGinness, Mathews, Wiener, O'Connell, Rawson, Amodei, Washington, Porter, Schneider, Shaffer, James, Carlton, Jacobsen, Care, Townsend, O'Donnell and President Hunt.

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

Senator Raggio:

This resolution is sponsored by all members of the Senate. We are proposing to induct former Secretary of the Senate Janice L. Thomas as an honorary member of the Senate Hall of Fame. That honor has been accorded to only one previous secretary, Leola Armstrong, who is also with us today. This is very special. We do not do this lightly. We looked at her record extensively. There were several marks up on the wall, but not withstanding, this is one resolution everyone in this Senate agrees to.

Janice Thomas was an honored member of this body. We could not have functioned during all those years without her guidance and without her dedication. She was even handed and performed her duties beyond what was expected. We feel as if we lost a great friend when she left. She made a promise to me that she would not leave until I did, but she broke that promise. I am willing to overlook that, and I know Senator Titus, who leads the minority members of this Senate, agrees that Jan is sorely missed. We are lucky to have a replacement that she trained.

Everyone of us looked to Jan Thomas not only as the Secretary of the Senate but as someone we could turn to whenever we had a problem, whether it was personal, emotional or logistical. There must be a tradition that these secretaries must hand down from one to the other some of these capabilities. We have been well served in the past.

Jan was always there to listen. She was a mother to all of us in the Senate and to her staff. I do not know how she found the time to listen to everyone. She heard confessions; she doled out penance, often gave assignments and was there until the bitter hours of the morning. All of our needs were well served. She has left a great heritage, which will always be appreciated.

I know the members of the Senate are grateful to Jan for continuing the decorum and the dignity of this body. She performed her duties with dedication and with experience. We want you to know how much your efforts were appreciated.

Senator Coffin:

I have many reasons to thank Jan Thomas for her service to me and to all of us. I am sure her memoirs and journals will bear witness to the drama, the light hearted moments that she has witnessed and managed to keep her composure. She has seen great debates and endured the famous Call of the House. These moments will linger long in her memories.

I will tell you what I remember most of all about Jan. Let me show you one of the three stools Jan gave me. They are testament of her acts of kindness. I have a bad back from a spinal fracture from a car accident, and after I transferred from the Assembly to this body, Jan noticed my pain during my first session in 1987 and asked the staff to make three of these stools for me to help relieve my back pain. They are moved around from committee room to committee room, and during the last 14 years, they have saved my life. My spine has turned to jelly many times on this floor, but it has, at least, stayed in one piece. I wish to thank Jan, personally, for these small but important symbols of her compassion, and I thank her.

Senator Titus:

I’d like to add my congratulations and thanks to the many voices being heard this morning expressing appreciation for Jan Thomas. From the day I first arrived in the Senate, you helped our caucus and me with so many things, becoming a dear friend over the years. I have fond memories of our times together, but I especially recall the night the Democrats took over the Senate. You stayed until the wee hours of the morning helping us through what could have been a difficult time. I thank you for that and for the many kindnesses you showed us during your tenure as our secretary.

Senator Neal:

It was a privilege for me, over the years, to watch Jan take over after Leola. Like many of the Senators here, I will always cherish that moment at midnight when we were called into this house to sell the SIIS program. I would not let the young Senator move for adjournment, and we all saw the moment develop as the Lt. Governor walked out along with the rest of the Republicans. After 20 minutes, I evoked a Call of the House. Jan dashed back to the Legal Department to find out about that particular question. I will always remember how Jan handled that situation. I did not know that session would be her last with us. I probably would not have made that session as hard on her that night had I known she was going to retire. Jan handled that situation with grace, and I will always cherish that particular moment as well as many other moments here in this Chamber.

I am pleased we are inducting Jan into the Hall of Fame. She deserves it. Like many of us, we are always learning. I did not know Jan had served the State for 37 years. I am pleased to share in this moment with her, and I hope Jan will come back to see us now.

Senator McGinness:

When I came to the Senate from the Assembly, it was Jan who helped me make the transition. You guided me with motherly, loving care, where as the current Secretary uses fear. Just joking. But I do miss you, Jan.

Senator Mathews:

My first call after being elected was from Jan. In her sweet voice, she left a message on my message machine asking me to call her for there were things she needed to discuss with me. It was the sweetest message I had gotten from anyone. She congratulated me as if she had known me all of her life. As it turned out, our friendship developed, and it does seem like we have known each other all of our lives. There were many days when I was scared on this floor. I would look at Jan, and she would smile. I knew she was saying to me, “it’s okay.” I thank her so very much. Some days, after having had a bad day, I would go to her office, and we would pray because I needed a prayer to get me through to the next committee meeting. She did so much more than just the parliamentarian chores. We were like her children, and she guided me through the process writing long statements so that I would not make too many mistakes. I thank you, Jan. We miss you.

Senator Wiener:

When I first joined the Senate in 1997, I had seven bills in the first session and they were all signed into law. I thought seven was a lucky number. I asked Jan at the beginning of my second session if I could have my bills end in seven. She smiled and said, “Gosh, I don’t think there is a rule against that.” She would make certain that my office was called each time the number seven was coming up. Then I knew I would have to get to the office fast and recruit as many other sponsors as I could. With the help of the Front Desk, I am carrying forward the tradition as Senator Seven.

I want to thank Jan for helping me enjoy the privilege of being a Senator. When I first came here, we had lunch. Sitting down, we were eye to eye. Jan didn’t sound as tall as she is. She made this a home for me.

Last session, prior to my coming here, I did not have a secretary. I was feeling desperate because the person I was expecting was not able to come. I told her I would like to have someone from the north who would not back out each session so I would not have to start over with someone new. I told her I needed someone with whom I could work as a partner. She told me she had just the person for me, and she did. Jeanne Baret has been a dream come true. She has been my partner. Jan picked well. She helps me do my daily tasks with the greatest success that I can achieve because she has been my right arm and my left arm. She is a tall person, too. She looks out after me the way tall people can. I want to thank Jan for helping me start my experience as a Senator, for continuing the memories, the good service and the standards she set for us all.

Senator O'Connell:

I want to join in saying how much I care about Jan. She has a knack for picking the right person to work with us all. That is a special gift. We have benefited from her talent. I want to tell her how much I cherish our friendship. We have been great friends during the past 17 years. I certainly look forward to 17 more. We love her dearly. Thank you, Jan.

Senator Rawson:

I remember how peaceful and quiet it used to be in the Senate before the Senator from Washoe District No. 1 gained her confidence. Jan gave her confidence and look what has happened. I need to say, “Hi, mom.” It is a tremendous testament to Jan’s character and to her abilities that everyone here has their own story to tell about Jan. Each one of us has felt like we have had a personal, one-on-one relationship with Jan that no one else has had. She is like a real mom watching over her chicks every day herding them into the right house. It seems like every December just before session would start, I would face a major medical ordeal. Jan would always make certain that on the first day I returned, I could negotiate the stairs. We all love Jan, and we appreciate her. She has helped us see how much better the world can be if there isn’t partisan rancor.

Senator Amodei:

I was never friends with Jan Thomas. She never called me. I was never invited into her office to pray. As a matter of fact, instead of getting me special numbers, as a newly arriving member from the south end of the building, when I had my first bill to introduce, having had some experience in the service and knowing that Senators Raggio and Titus had the titles, it was the people at the front desk who really made or broke you. I approached, meekly, the Secretary of the Senate and asked, “Can I introduce this legislation?” She responded, “Well, let me look at it, and I’ll get back to you.”

The other Senators have talked about the Call of the House. They had the easy part to do. Being a new Republican and not having a merit badge on “how to leave the Chamber and not be found,” I went home, and it is there where I was promptly found. I was told to put my clothes back on and to come back to work in the Senate. Which I did, again, not knowing I wasn’t supposed to do that. As the last person from the Assembly, who you had to break in, Jan, it is a pleasure to have been broken in by you. Thank you, for coming back today. It is nice to see you.

Senator Washington:

When we had the teachers here a few days ago, many spoke of how they had had a crush on their teacher. Jan was my teacher, and I have a crush on her. I just want to say, “I love you.”

Senator Porter:

I, too, received that first call from Jan upon becoming a Senator. I appreciated the call, as did my family. I asked Jan during that first call to tell me about Senator Raggio. She said, “Jon, tell him what he wants to hear, and do what you want to do and everything is going to be fine.” I have tried hard to live by that advice. Thank you for the hospitality from my family and my wife and kids for they, too, share in this day for you. We appreciate you and welcome you back to our Chamber anytime.

Senator Schneider:

When I received the first call, like Senator Amodei, moving up from the south end of the building, Jan said that she was in charge of getting me a secretary. She must have heard that I do not walk to a regular drummer. I am certain she thought she would get me under control. She told me she had a good secretary to assign me. She is an artist. I thought that sounded good. Jan knew that Paula would put the breaks on me real quick because we wouldn’t do any paper work in my office—we would look at art all day. But I fooled Jan a little bit. I have had a few bills that have given her heartburn. I would like to thank her, for when I first arrived here I had pneumonia. She put air purifiers in my office to help me. She always took care of her flock. Thank you, Jan.

Senator Shaffer:

In 1984, Jan called me. It was a surprise for me, coming here for the first time to receive such a call. Once the vote count is over in November, you are a Senator, which is quite a transition over night. I called to find out some information about my new job, and Jan was very helpful and sympathetic. The thing I remember most was that when the transition took place from Democratic control to Republican control there were many rumors as to what it would be like once Senator Raggio took control. It was assumed we would have an awful time because the north was in power, but when I arrived here, I realized there would never be a missed step. No matter how controversial a situation might become, Jan always handled it like a professional.

Senator James:

Jan had to listen to me give a lot of long speeches on this floor. The best gift I can give her is to not make a long speech. I thank her. She was wonderful. She was always here for me. She made me feel welcome my first session. Thank you, and we miss you very much.

Senator Carlton:

As a freshman, I walked into this Chamber and was awestruck. Jan turned that sense of awe into “if you got yourself here, you can do the job.” She made my husband comfortable during the first meeting. We came here knowing we can do what we have to do, but we must leave our families behind. Jan always made certain that my husband was fine, and she always asked about the kids. She let me know she really cared about what was going on. Thank you for being part of my freshman session.

Senator Jacobsen:

I do not think there is anyone here who appreciates Jan more than I do. When I first came here from the other house, she made me feel welcome. I found a friend in Jan. The first time I stood here, I was shy, and she told me to keep the faith. She said, “You are all right.” She was like a message from the Lord. When Bob Miller became Governor, I had the opportunity to be President pro Tempore every day. What a joy it was. It was nice just to walk up to the podium. There would be a note of assurance from Jan saying I was okay and to hang tough. I learned to do that. Over the years she has been a joy to me. Each night, I would thank the good Lord for Jan Thomas. She can laugh; she can smile, and she can cry. It’s hard for me to see a woman cry. No one comes better than Jan.

Senator Care:

I remember the courteous call from Jan a few days after my election. Jan called me about a secretary, and I thought she sounded fine, so I called her, but Jan had already done that. When the Call of the House episode happened last session, I thought, “What’s the big deal?” I thought it happened every month. I have since learned that is not the case. Thank you, Jan, for everything you did.

Senator Townsend:

Thank you, Madam President, I am a little embarrassed, Jan, because I did not know that today was going to be your day. Had I known I would have dressed a little better. I apologize, Jan.

First, of all of my colleagues, I really respect and envy all of your remarks but she did not die, she is right here. This is supposed to be a day of enjoyment and sharing. I would hate to see what you say about some of the guys that come through here. I did not notice that in the book of Hall of Fame introductions so far, and I have only been here 20 years, this is the only picture that has not been touched up. Some of the other people have had an opportunity to talk to the photographer before they get here.

Thank you, Jan, for all you have done for all of us because the experience we share in the Senate has been enhanced by what you have done for us. It would not have been anywhere near what it has been for all of us. You put all of us through an experience we are not going to get anywhere in our lives. You have been a remarkable friend. Every once in a while, someone comes through your life that changes it for the better. You are one of those people. God bless you and your family. We are thrilled that you are here today, and we all get a chance to see you again.

Senator O'Donnell:

Thank you, Madam President. When I first got to this Chamber, I was about 33 years old, and I grew up with Jan Thomas. I matured and I learned specifically what speed-reading was all about. Unfortunately, it took me about three months to figure out what she was saying because she would say it so fast that after that period of time, I learned the art of speed listening. This is a knack and a talent that everyone has to learn as we sit in this Chamber. I wanted to mention the fact that I found Jan to be “other-centered.” There was never a selfish motive or a time in her life, at least with me, that she showed any selfishness, and she was always thinking of somebody else. She was always thinking of how to make your life a little bit better, how to make your job a little bit easier. She never thought of herself, and she used to come here in the Chamber, and she would be a little under the weather. When we did not have the limitations on the number of days in session, we would go for days and days, and poor Jan would stand up there for hours and hours and hours, and we would never give her a break. We would require her to stand there. She would get done about one or two o’clock in the morning. She would go home and sleep for about four hours and come back at eight in the morning to start in again. It was grueling. I do not know how she did it, but I know why she retired.

From the bottom of my heart, Jan, thank you very much for being the personal, close friend that you have been over the years to help me through those difficult times. I thank you for your selflessness.

President Hunt:

I, too, had a wonderful first session. When I was elected Lt. Governor, I was given two keys. One key was to my office in the Capitol. The other key was to my office in the Legislative Building. I walked into the office at the Capitol, turned my key and opened the door and there was nothing there—no furniture, nothing. I went to someone and asked if the Lt. Governor had any furniture and was told it was not in my budget. When I came to the Legislative Building, Jan greeted me. She was nurturing, motherly and caring. I went home and told my husband I had just met the most extraordinary and dedicated woman who made me feel so good that I could go into the job and feel confident about doing what I had to do. Through the entire session, Jan was there like a guardian angel. I had always felt I had a guardian angel, but it never had a face. Now it does, and the face of my guardian angel is Jan Thomas.

Senator Raggio requested that the remarks of Jan Thomas be entered in the Journal.

Former Secretary of the Senate Janice L. Thomas:

Madam President, Senator Jacobsen, Senator Raggio, Senator Titus, members of the Senate, Senate attachés, my wonderful family and invited guests. I am thrilled beyond words. I got up early this morning and wasn’t really certain what I was going to say to you. During my morning devotional, I told God, “Sometimes I get really tongue tied and what I want to say doesn’t come out the way it should. I need all the help I can get. I also need help not to blubber.”

I have been very, very blessed. Working for the Nevada Senate has been the highlight of my life. I did feel like your mother because I was proud to do that. Every one of you was very important to me and you gave me so much in return. I am delighted to receive this wonderful honor; however I have to tell you, this honor is to be shared. It is to be shared with all of these wonderful Senate attachés who have been with me, many of them, since the beginning of my tenure. Because of their dedication and their intelligence and their wonderful abilities to do things, we worked together very well. They always made me look great. I can’t thank them enough—they are wonderful. I can’t explain how much I feel about them, but I think they all know who they are.

This is the most wonderful day in the world, and I am the happiest person in this world today to have this wonderful tribute given to me and to have the beautiful reception this evening. I am just overwhelmed. Thank you so much for your love, your support for I am so blessed and lucky. Thank you to my wonderful family who supported me through a lot of illness, a lot of long hours of work. They gave me so much support and love. That is what kept me going. Thank you all, very much. I love you, and God bless you.

Resolution adopted.

Senator Raggio moved that the Senate recess subject to the call of the Chair.

Motion carried.

Senate in recess at 12:04 p.m.

SENATE IN SESSION

At 12:10 p.m.

President Hunt presiding.

Quorum present.

Senate Concurrent Resolution No. 17.

Senator Wiener moved the adoption of the resolution.

Remarks by Senator Wiener.

Senator Wiener requested that her remarks be entered in the Journal.

Eating disorders thrive as a silent epidemic throughout the country. We know that 1percent of our adolescents have eating disorders. Many of them start as early as age six. At least 4 percent of our college students suffer from some kind of eating disorder. Through this resolution, we hope to create public awareness, education and support for any mental health resources that may help turn the tide and change these behaviors into healthy behaviors.

Resolution adopted.

Resolution ordered transmitted to the Assembly.

Senator Porter moved that Senate Bill No. 169 be re-referred to the Committee on Finance.

Remarks by Senator Porter.

Motion carried.

INTRODUCTION, FIRST READING AND REFERENCE

Assembly Bill No. 30.

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

Motion carried.

Assembly Bill No. 47.

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

Motion carried.

Assembly Bill No. 74.

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

Motion carried.

Assembly Bill No. 154.

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

Motion carried.

Assembly Bill No. 440.

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

Motion carried.

SECOND READING AND AMENDMENT

Senate Bill No. 34.

Bill read second time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 54.

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

“Section 1. Chapter 159 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

Sec. 2. 1. A petitioner may request the court to appoint a temporary guardian for a ward who is an adult and who is unable to respond to a substantial and immediate risk of physical harm or to a need for immediate medical attention. To support the request, the petitioner must set forth in a petition and present to the court under oath:

(a) Facts which show that the proposed ward:

(1) Faces a substantial and immediate risk of physical harm or needs immediate medical attention; and

(2) Lacks capacity to respond to the risk of harm or to obtain the necessary medical attention; and

(b) Facts which show that:

(1) The petitioner has tried in good faith to notify the persons entitled to notice pursuant to NRS 159.047;

(2) The proposed ward would be exposed to an immediate risk of physical harm if the petitioner were to provide notice to the persons entitled to notice pursuant to NRS 159.047 before the court determines whether to appoint a temporary guardian; or

(3) Giving notice to the persons entitled to notice pursuant to NRS 159.047 is not feasible under the circumstances.

2. The court may appoint a temporary guardian to serve for 10 days if the court:

(a) Finds reasonable cause to believe that the proposed ward is unable to respond to a substantial and immediate risk of physical harm or to a need for immediate medical attention;

(b) Is satisfied that the petitioner has tried in good faith to notify the persons entitled to notice pursuant to NRS 159.047 or that giving notice to those persons is not feasible under the circumstances, or determines that such notice is not required pursuant to subparagraph (2) of paragraph (b) of subsection 1; and

(1) A certificate signed by a physician or psychologist who is licensed to practice in this state which states that the proposed ward is unable to respond to a substantial and immediate risk of physical harm or to a need for immediate medical attention; or

(2) The affidavit of the petitioner which explains the reasons why the certificate described in subparagraph (1) is not immediately obtainable.

3. Except as otherwise provided in subsection 4, after the appointment of a temporary guardian, the petitioner shall attempt in good faith to notify the persons entitled to notice pursuant to NRS 159.047. If the petitioner fails to make such an effort, the court may terminate the temporary guardianship.

4. If, before the appointment of a temporary guardian, the court determined that advance notice was not required pursuant to subparagraph (2) of paragraph (b) of subsection 1, the petitioner shall notify the persons entitled to notice pursuant to NRS 159.047 without undue delay, but not later than 48 hours after the appointment of the temporary guardian or not later than 48 hours after he discovers the existence, identity and location of the persons entitled to notice pursuant to that section. If the petitioner fails to provide such notice, the court may terminate the temporary guardianship.

5. Within 10 days after the appointment of a temporary guardian pursuant to subsection 2, the court shall hold a hearing to determine the need to extend the temporary guardianship. Except as otherwise provided in subsection 7, the court may extend the temporary guardianship until a general or special guardian is appointed, but not for more than 30 days, if:

(a) The certificate required by subsection 2 has been filed and the court finds by clear and convincing evidence that the proposed ward is unable to respond to a substantial and immediate risk of physical harm or to a need for immediate medical attention; or

(b) The certificate required by subsection 2 has not been filed and the court finds by clear and convincing evidence that:

(1) The proposed ward is unable to respond to a substantial and immediate risk of physical harm or to a need for immediate medical attention;

(2) Circumstances have prevented the petitioner or temporary guardian from obtaining the certificate required pursuant to subsection 2; and

(3) The extension of the temporary guardianship is necessary and in the best interests of the proposed ward.

6. If the court appoints a temporary guardian or extends the temporary guardianship pursuant to this section, the court shall limit the powers of the temporary guardian to those necessary to respond to the substantial and immediate risk of physical harm or to a need for immediate medical attention.

7. The court may not extend a temporary guardianship pursuant to subsection 5 beyond the initial period of 10 days unless the petitioner demonstrates that:

(a) The provisions of NRS 159.0475 have been satisfied; or

(b) Notice by publication pursuant to N.R.C.P. 4(e) is currently being undertaken.

Sec. 3. 1. A petitioner may request the court to appoint a temporary guardian for a ward who is unable to respond to a substantial and immediate risk of financial loss. To support the request, the petitioner must set forth in a petition and present to the court under oath:

(a) Facts which show that the proposed ward:

(1) Faces a substantial and immediate risk of financial loss; and

(2) Lacks capacity to respond to the risk of loss; and

(b) Facts which show that:

(1) The petitioner has tried in good faith to notify the persons entitled to notice pursuant to NRS 159.047;

(2) The proposed ward would be exposed to an immediate risk of financial loss if the petitioner were to provide notice to the persons entitled to notice pursuant to NRS 159.047 before the court determines whether to appoint a temporary guardian; or

(3) Giving notice to the persons entitled to notice pursuant to NRS 159.047 is not feasible under the circumstances.

2. The court may appoint a temporary guardian to serve for 10 days if the court:

(a) Finds reasonable cause to believe that the proposed ward is unable to respond to a substantial and immediate risk of financial loss; and

5. Within 10 days after the appointment of a temporary guardian pursuant to subsection 2, the court shall hold a hearing to determine the need to extend the temporary guardianship. Except as otherwise provided in subsection 7, if the court finds by clear and convincing evidence that the proposed ward is unable to respond to a substantial and immediate risk of financial loss, the court may extend the temporary guardianship until a general or special guardian is appointed, but not for more than 30 days.

7. The court may not extend a temporary guardianship pursuant to subsection 5 beyond the initial period of 10 days unless the petitioner demonstrates that:

(a) The provisions of NRS 159.0475 have been satisfied; or

(b) Notice by publication pursuant to N.R.C.P. 4(e) is currently being undertaken.

Sec. 4. NRS 159.047 is hereby amended to read as follows:

159.047 1. Except as otherwise provided in NRS 159.0475, 159.049 and 159.052, and sections 2 and 3 of this act, the court, upon the filing of a petition under NRS 159.044, shall direct the clerk to issue a citation setting forth a time and place for the hearing and directing the persons or institutions referred to in subsection 2 to appear and show cause why a guardian should not be appointed for the proposed ward.

2. A citation issued under subsection 1 must be served:

(a) If the proposed ward is an incompetent or a person of limited capacity:

(1) Upon the spouse and adult children of the incompetent or person of limited capacity who are known to exist, or, if there are none, upon any parent, brother or sister of the incompetent or person of limited capacity;

(2) Upon any person or officer of an institution having the care, custody or control of the incompetent or person of limited capacity; and

(3) Upon the incompetent or person of limited capacity.

(b) If the proposed ward is a minor:

(1) Upon the parents of the minor;

(2) Upon any person or officer of an institution having care, custody or control of the minor; and

(3) If the minor is 14 years of age or older, upon the minor.

Sec. 5. NRS 159.052 is hereby amended to read as follows:

159.052 1. A petitioner may request the court to appoint a temporary guardian [.] for a ward who is a minor and who is unable to respond to a substantial and immediate risk of physical harm or to a need for immediate medical attention. To support the request, the petitioner must set forth in a petition and present to the court under oath:

(a) Facts which show that the proposed ward:

(1) Faces a substantial and immediate risk of [financial loss or] physical harm or needs immediate medical attention; and

(2) Lacks capacity to respond to the risk of [loss or] harm or to obtain the necessary medical attention; and

(b) Facts which show that:

(1) The petitioner has tried in good faith to notify the persons entitled to notice pursuant to NRS 159.047;

(2) The proposed ward would be exposed to an immediate risk of [financial loss or] physical harm if the petitioner were to provide notice to the persons entitled to notice pursuant to NRS 159.047 before the court determines whether to appoint a temporary guardian; or

(3) Giving notice to the persons entitled to notice pursuant to NRS 159.047 is not feasible under the circumstances.

2. [If] The court may appoint a temporary guardian to serve for 10 days if the court:

(a) Finds reasonable cause to believe that the proposed ward is unable to respond to a substantial and immediate risk of [financial loss or] physical harm or to a need for immediate medical attention; and

the court may appoint a temporary guardian to serve for 10 days. The court shall limit the temporary guardian’s powers to those necessary to assist in the emergency.]

5. Within 10 days after the appointment of a temporary guardian pursuant to subsection 2, the court shall hold a hearing to determine the need to extend the temporary guardianship. Except as otherwise provided in subsection [6,] 7, if the court finds by clear and convincing evidence that the proposed ward is unable to respond to a substantial and immediate risk of [financial loss or] physical harm or to a need for immediate medical attention, the court may extend the temporary guardianship until a general or special guardian is appointed, but not for more than 30 days. [The]

6. If the court appoints a temporary guardian or extends the temporary guardianship pursuant to this section, the court shall limit the [temporary guardian’s] powers of the temporary guardian to those necessary to [assist in the emergency.

6.] respond to the substantial and immediate risk of physical harm or to a need for immediate medical attention.

7. The court may not extend a temporary guardianship pursuant to subsection 5 beyond the initial period of 10 days unless the petitioner demonstrates that:

(a) The provisions of NRS 159.0475 have been satisfied; or

(b) Notice by publication pursuant to N.R.C.P. 4(e) is currently being undertaken.”.

Amend the title of the bill to read as follows:

“AN ACT relating to guardianship; revising the provisions relating to the appointment of temporary guardians; and providing other matters properly relating thereto.”.

Senator Wiener moved the adoption of the amendment.

Remarks by Senator Wiener.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 36.

Bill read second time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 94

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

“Sec. 2. NRS 179.1187 is hereby amended to read as follows:

179.1187 1. The governing body controlling each law enforcement agency that receives proceeds from the sale of forfeited property shall establish with the state treasurer, county treasurer, city treasurer or town treasurer, as custodian, a special account, known as the “......... forfeiture account.” The account is a separate and continuing account and no money in it reverts to the state general fund or the general fund of the county, city or town at any time. For the purposes of this subsection, the governing body controlling a metropolitan police department is the metropolitan police committee on fiscal affairs.

2. The money in the account must be aggregated in the account on a quarterly basis and must not be disbursed or otherwise used until a quarterly accounting of the money is completed. Upon the completion of a quarterly accounting, the money in the account may be used for any lawful purpose deemed appropriate by the chief administrative officer of the law enforcement agency, except that:

(a) The money must not be used to pay the ordinary operating expenses of the agency.

(b) Money derived from the forfeiture of any property described in NRS 453.301 must be used to enforce the provisions of chapter 453 of NRS.

(c) Money derived from the forfeiture of any property described in NRS 501.3857 must be used to enforce the provisions of Title 45 of NRS.

(d) Seventy percent of the money aggregated in the account in excess of $100,000 per quarter, as determined based upon the quarterly accounting completed pursuant to this subsection, must be distributed to the school district in the judicial district. If the judicial district serves more than one county, the money must be distributed to the school district in the county from which the property was seized.

3. A school district that receives money pursuant to paragraph (d) of subsection 2 shall deposit such money into a separate account. The interest and income earned on the money in the account, after deducting any applicable charges, must be credited to the account. The money in the account must be used to purchase books and computer hardware and software for the use of the students in that school district.

4. The chief administrative officer of a law enforcement agency that distributes money to a school district pursuant to paragraph (d) of subsection 2 shall submit a report to the director of the legislative counsel bureau before January 1 of each odd-numbered year. The report must contain the amount of money distributed to each school district pursuant to paragraph (d) of subsection 2 in the preceding biennium.

Sec. 3. NRS 387.303 is hereby amended to read as follows:

387.303 1. Not later than November 10 of each year, the board of trustees of each school district shall submit to the superintendent of public instruction and the department of taxation a report which includes the following information:

(a) For each fund within the school district, including, without limitation, the school district’s general fund and any special revenue fund which receives state money, the total number and salaries of licensed and nonlicensed persons whose salaries are paid from the fund and who are employed by the school district in full-time positions or in part-time positions added together to represent full-time positions. Information must be provided for the current school year based upon the school district’s final budget, including any amendments and augmentations thereto, and for the preceding school year. An employee must be categorized as filling an instructional, administrative, instructional support or other position.

(b) The count of pupils computed pursuant to paragraph (a) of subsection 1 of NRS 387.1233.

(c) The average daily attendance for the preceding school year and the estimated average daily attendance for the current school year of part-time pupils enrolled in courses which are approved by the department as meeting the requirements for an adult to earn a high school diploma.

(d) The school district’s actual expenditures in the fiscal year immediately preceding the report.

(e) The school district’s proposed expenditures for the current fiscal year.

(f) The schedule of salaries for licensed employees in the current school year and a statement of whether the negotiations regarding salaries for the current school year have been completed. If the negotiations have not been completed at the time the schedule of salaries is submitted, the board of trustees shall submit a supplemental report to the superintendent of public instruction upon completion of negotiations or the determination of an arbitrator concerning the negotiations that includes the schedule of salaries agreed to or required by the arbitrator.

(g) The number of teachers who received an increase in salary pursuant to subsection 2 of NRS 391.160 for the current and preceding fiscal years.

(h) The number of employees eligible for health insurance within the school district for the current and preceding fiscal years and the amount paid for health insurance for each such employee during those years.

(i) The rates for fringe benefits, excluding health insurance, paid by the school district for its licensed employees in the preceding and current fiscal years.

(j) The amount paid for extra duties, supervision of extracurricular activities and supplemental pay and the number of employees receiving that pay in the preceding and current fiscal years.

(k) The expenditures from the account created pursuant to subsection 3 of NRS 179.1187. The report must indicate the total amount received by the district in the preceding fiscal year, and the specific amount spent on books and computer hardware and software for each grade level in the district.

2. On or before November 25 of each year, the superintendent of public instruction shall submit to the department of administration and the fiscal analysis division of the legislative counsel bureau, in a format approved by the director of the department of administration, a compilation of the reports made by each school district pursuant to subsection 1.

3. The superintendent of public instruction shall, in the compilation required by subsection 2, reconcile the revenues and expenditures of the school districts with the apportionment received by those districts from the state distributive school account for the preceding year.

Sec. 4. The amendatory provisions of this act do not apply to property seized before October 1, 2001.”.

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

“revising the provisions governing the distribution of proceeds of forfeited property;”.

Amend the summary to read as follows:

“SUMMARY—Revises provisions regarding proceeding for forfeiture of property. (BDR 14‑14)”.

Senator James moved the adoption of the amendment.

Remarks by Senator James.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 70.

Bill read second time.

The following amendment was proposed by the Committee on Taxation:

Amendment No. 18.

Amend section 1, pages 1 and 2, by deleting lines 2 through 21 on page 1 and lines 1 through 27 on page 2, and inserting:

“361.244 1. A mobile or manufactured home is eligible to become real property if [the running gear is removed and] it becomes[, on or after July 1, 1979,] permanently affixed to land which is owned by the owner of the mobile or manufactured home.

2. A mobile or manufactured home becomes real property when the assessor of the county in which the mobile or manufactured home is located has placed it on the tax roll as real property. [The] Except as otherwise provided in subsection 5, the assessor shall not place a mobile or manufactured home on the tax roll until:

(a) He has received verification from the manufactured housing division of the department of business and industry that [there is no security interest in the mobile home or the holders of security interests have agreed in writing to the conversion of] the mobile or manufactured home has been converted to real property;

(b) The unsecured personal property tax has been paid in full for the current fiscal year;

(c) An affidavit of conversion of the mobile or manufactured home from personal to real property has been recorded in the county recorder’s office of the county in which the mobile or manufactured home is located; and

(d) The dealer or owner has delivered to the division a copy of the recorded affidavit of conversion and all documents relating to the mobile or manufactured home in its former condition as personal property.

3. A mobile or manufactured home which is converted to real property pursuant to this section shall be deemed to be a fixture and an improvement to the real property to which it is affixed.

4. Factory-built housing, as defined in NRS 461.080, constitutes real property if it becomes, on or after July 1, 1979, permanently affixed to land which is owned by the owner of the factory-built housing.

5. [A manufactured home, as defined in NRS 489.113, constitutes real property if it becomes, on or after January 1, 2000, permanently affixed to land which is owned by the owner of the manufactured home.

6.] The assessor of the county in which a manufactured home is located shall, without regard to the conditions set forth in subsection 2, place the manufactured home on the tax roll as real property if, on or after July 1, 2001, the manufactured home is permanently affixed to a residential lot pursuant to an ordinance required by NRS 278.02095.

6. The provisions of subsection 5 do not apply to a manufactured home located in:

(a) An area designated by local ordinance for the placement of a manufactured home without conversion to real property;

(b) A mobile home park; or

7. For the purposes of this section, “land which is owned” includes land for which the owner has a possessory interest resulting from a life estate, lease or contract for sale.”.

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 278.02095 is hereby amended to read as follows:

278.02095 1. Except as otherwise provided in this section, in an ordinance relating to the zoning of land adopted or amended by a governing body, the definition of “single-family residence” must include a manufactured home.

2. Notwithstanding the provisions of subsection 1, a governing body shall adopt standards for the placement of a manufactured home that will not be affixed to a lot within a mobile home park which require that:

(a) The manufactured home:

(1) Be permanently affixed to a residential lot;

(2) Be manufactured within the 5 years immediately preceding the date on which it is affixed to the residential lot;

(3) Have exterior siding and roofing which is similar in color, material and appearance to the exterior siding and roofing primarily used on other single-family residential dwellings in the immediate vicinity of the manufactured home, as established by the governing body;

(4) Consist of more than one section; and

(5) Consist of at least 1,200 square feet of living area unless the governing body, by administrative variance or other expedited procedure established by the governing body, approves a lesser amount of square footage based on the size or configuration of the lot or the square footage of single-family residential dwellings in the immediate vicinity of the manufactured home; and

(b) If the manufactured home has an elevated foundation, the foundation is masked architecturally in a manner determined by the governing body.

The governing body of a local government in a county whose population is less than 25,000 may adopt standards that are less restrictive than the standards set forth in this subsection.

3. Standards adopted by a governing body pursuant to subsection 2 must be objective and documented clearly and must not be adopted to discourage or impede the construction or provision of affordable housing, including, without limitation, the use of manufactured homes for affordable housing.

4. Before a building department issues a permit to place a manufactured home on a lot pursuant to this section, other than a new manufactured home, the owner must surrender the certificate of ownership to the manufactured housing division of the department of business and industry. The division shall provide proof of such surrender to the owner who must submit that proof to the building department.

5. The provisions of this section do not abrogate a recorded restrictive covenant prohibiting manufactured homes nor do the provisions apply within the boundaries of a historic district established pursuant to NRS 384.005 or 384.100. An application to place a manufactured home on a residential lot pursuant to this section constitutes an attestation by the owner of the lot that the placement complies with all covenants, conditions and restrictions placed on the lot and that the lot is not located within a historic district.

[5.] 6. As used in this section [, “manufactured] :

(a) “Manufactured home” has the meaning ascribed to it in NRS 489.113.

(b) “New manufactured home” has the meaning ascribed to it in NRS 489.125.”.

Senator McGinness moved the adoption of the amendment.

Remarks by Senator McGinness.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 87.

Bill read second time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 129.

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

“Section 1. NRS 200.485 is hereby amended to read as follows:

200.485 1. Unless a greater penalty is provided pursuant to NRS 200.481, a person convicted of a battery [that] which constitutes domestic violence pursuant to NRS 33.018:

(a) For the first offense within 7 years, is guilty of a misdemeanor and shall be sentenced to:

(1) Imprisonment in the city or county jail or detention facility for not less than 2 days, but not more than 6 months; and

(2) Perform not less than 48 hours, but not more than 120 hours, of community service.

The person shall be further punished by a fine of not less than $200, but not more than $1,000. A term of imprisonment imposed pursuant to this paragraph may be served intermittently at the discretion of the judge or justice of the peace, except that each period of confinement must be not less than 4 consecutive hours and must occur either at a time when the person is not required to be at his place of employment or on a weekend.

(b) For the second offense within 7 years, is guilty of a misdemeanor and shall be sentenced to:

(1) Imprisonment in the city or county jail or detention facility for not less than 10 days, but not more than 6 months; and

(2) Perform not less than 100 hours, but not more than 200 hours, of community service.

The person shall be further punished by a fine of not less than $500, but not more than $1,000.

(c) For the third and any subsequent offense within 7 years, is guilty of a category C felony and shall be punished as provided in NRS 193.130.

2. In addition to any other penalty, if a person is convicted of a battery which constitutes domestic violence pursuant to NRS 33.018, the court shall:

(a) For the first offense within 7 years, require him to participate in weekly counseling sessions of not less than 1 1/2 hours per week for not less than 6 months, but not more than 12 months, at his own expense, in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 228.470.

(b) For the second offense within 7 years, require him to participate in weekly counseling sessions of not less than 1 1/2 hours per week for 12 months, at his own expense, in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 228.470.

3. An offense that occurred within 7 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of this section when evidenced by a conviction, without regard to the sequence of the offenses and convictions. The facts concerning a prior offense must be alleged in the complaint, indictment or information, must not be read to the jury or proved at trial but must be proved at the time of sentencing and, if the principal offense is alleged to be a felony, must also be shown at the preliminary examination or presented to the grand jury.

4. In addition to any other fine or penalty, the court shall order such a person to pay an administrative assessment of $35. Any money so collected must be paid by the clerk of the court to the state treasurer on or before the fifth day of each month for the preceding month for credit to the account for programs related to domestic violence established pursuant to NRS 228.460.

5. In addition to any other penalty, the court may require such a person to participate, at his own expense, in a program of treatment for the abuse of alcohol or drugs that has been certified by the bureau of alcohol and drug abuse in the department of human resources.

6. If it appears from information presented to the court that a child under the age of 18 years may need counseling as a result of the commission of a battery which constitutes domestic violence pursuant to NRS 33.018, the court may refer the child to an agency which provides protective services. If the court refers a child to an agency which provides protective services, the court shall require the person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018 to reimburse the agency for the costs of any services provided, to the extent of his ability to pay.

7. If a person is charged with committing a battery which constitutes domestic violence pursuant to NRS 33.018, a prosecuting attorney shall not dismiss such a charge in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless he knows, or it is obvious, that the charge is not supported by probable cause or cannot be proved at the time of trial. A court shall not grant probation to and, except as otherwise provided in NRS 4.373 and 5.055, a court shall not suspend the sentence of such a person.

[7.] 8. For the purposes of this section:

(a) “Agency which provides protective services” has the meaning ascribed to it in NRS 432B.030.

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

(b)] (c) “Offense” includes a battery which constitutes domestic violence pursuant to NRS 33.018 or a violation of the law of any other jurisdiction that prohibits the same or similar conduct.

Sec. 2. NRS 217.160 is hereby amended to read as follows:

217.160 The compensation officer may order the payment of compensation:

1. To or for the benefit of the victim . [;]

2. If the victim has suffered personal injury, to any person responsible for the maintenance of the victim who has suffered pecuniary loss or incurred expenses as a result of the injury . [;]

3. If the victim dies, to or for the benefit of any one or more of the dependents of the victim . [; or]

4. To a minor who needs an assessment, a psychological evaluation or psychological counseling for emotional trauma suffered by the minor as a result of a battery which constitutes domestic violence pursuant to NRS 33.018. As used in this subsection, “battery” has the meaning ascribed to it in paragraph (a) of subsection 1 of NRS 200.481.

5. To a member of the victim’s household or immediate family for psychological counseling for emotional trauma suffered by the member as a result of the crime of murder as defined in NRS 200.010. As used in this subsection:

(a) “Household” means an association of persons who live in the same home or dwelling and who:

(1) Have significant personal ties to the victim; or

(2) Are related by blood, adoption or marriage, within the first degree of consanguinity or affinity.

(b) “Immediate family” means persons who are related by blood, adoption or marriage, within the first degree of consanguinity or affinity.

Sec. 3. Chapter 432B of NRS is hereby amended by adding thereto a new section to read as follows:

1. Upon receiving a referral from a court pursuant to subsection 6 of NRS 200.485, an agency which provides protective services may, as appropriate, conduct an assessment to determine whether a psychological evaluation or counseling is needed by a child.

2. If an agency which provides protective services conducts an assessment pursuant to subsection 1 and determines that a psychological evaluation or counseling is needed by the child, the agency may:

(a) Conduct the evaluation or counseling; or

(b) Refer the child to a person that has entered into an agreement with the agency to provide those services.

Sec. 4. The amendatory provisions of sections 1 and 3 of this act do not apply to offenses committed before October 1, 2001.”.

Amend the title of the bill to read as follows:

“AN ACT relating to domestic violence; providing that the court may refer a child to an agency which provides protective services if the child may need counseling as a result of the commission of a battery which constitutes domestic violence; providing that an agency which provides protective services may conduct an assessment of the child to determine whether a psychological evaluation or counseling is needed by the child; providing that a minor who needs an assessment, a psychological evaluation or psychological counseling as a result of a battery which constitutes domestic violence is eligible for compensation from the fund for compensation of victims of crime; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Enacts provisions pertaining to child affected by battery which constitutes domestic violence. (BDR 15‑854)”.

Senator Wiener moved the adoption of the amendment.

Remarks by Senator Wiener.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 93.

Bill read second time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 53.

Amend section 1, page 2, by deleting lines 29 through 32 and inserting:

“(f) A statement identifying any portion of his demand that is to be used to pay for any sum owed:

(1) To any subcontractor; or

(2) For labor or materials.”.

Amend the title of the bill to read as follows:

“AN ACT relating to liens; providing that a notice of mechanic’s lien must include a statement identifying any portion of the demand that is to be used to pay for any sum owed to a subcontractor or for labor or materials; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Provides that notice of mechanic’s lien must include statement identifying portion of demand to be used to pay sum owed to subcontractor or for labor or materials. (BDR 9‑74)”.

Senator Porter moved the adoption of the amendment.

Remarks by Senator Porter.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 100.

Bill read second time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 51.

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

“Section 1. NRS 463.305 is hereby amended to read as follows:

463.305 1. Any person who operates or maintains in this state any gaming device of a specific model, any gaming device which includes a significant modification, or any inter-casino linked system which the board or commission has not approved for testing or for operation[,] is subject to disciplinary action by the board or commission.

2. The board shall maintain a list of approved gaming devices and inter-casino linked systems.

3. If the board suspends or revokes approval of a gaming device pursuant to the regulations adopted pursuant to subsection 4, the board may order the removal of the gaming device from an establishment.

4. The commission shall adopt regulations relating to gaming devices and their significant modification and inter-casino linked systems.”.

Amend the title of the bill to read as follows:

“AN ACT relating to gaming; authorizing the gaming control board to order the removal of a gaming device from an establishment under certain circumstances; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Authorizes gaming control board to order removal of gaming device from establishment under certain circumstances. (BDR 41 201)”.

Senator Titus moved the adoption of the amendment.

Remarks by Senator Titus.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 124.

Bill read second time.

The following amendment was proposed by the Committee on Taxation:

Amendment No. 124.

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

“Sec. 6. The amendatory provisions of this act must not be applied to modify, directly or indirectly, any taxes levied or revenues pledged in such a manner as to impair adversely any outstanding obligations of a county or city, including, without limitation, bonds, medium-term financing, letters of credit and any other financial obligation, until all such obligations have been discharged in full or provision for their payment and redemption has been fully made.”

Senator McGinness moved the adoption of the amendment.

Remarks by Senator McGinness.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 135.

Bill read second time.

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

Amendment No. 115.

Amend section 1, page 1, line 3, by deleting “veterans’ homes” and inserting: “a veterans’ home”.

Amend sec. 2, page 2, by deleting lines 9 through 11 and inserting:

“4. The veterans’ home account must be administered by the executive director, with the advice of the [deputy executive director and the Nevada veterans’ services commission,] administrators, and the money”.

Amend sec. 2, page 2, line 27, by deleting: “[executive director] administrator”and inserting “executive director”.

Amend sec. 2, page 2, line 39, after “NRS” by inserting: “361.0905, 371.1035 and”.

Amend sec. 3, page 2, by deleting line 48 and inserting:

“(a) Appoint an administrator for each veterans’ home in this state. Each”.

Amend the bill as a whole by renumbering sections 4 and 5 as sections 10 and 11 and adding new sections designated sections 4 through 9, following sec. 3, to read as follows:

“Sec. 4. NRS 361.090 is hereby amended to read as follows:

361.090 1. The property, to the extent of $1,000 assessed valuation, of any actual bona fide resident of the State of Nevada who:

(a) Has served a minimum of 90 days on active duty, who was assigned to active duty at some time between April 21, 1898, and June 15, 1903, or between April 6, 1917, and November 11, 1918, or between December 7, 1941, and December 31, 1946, or between June 25, 1950, and January 31, 1955;

(b) Has served a minimum of 90 continuous days on active duty none of which was for training purposes, who was assigned to active duty at some time between January 1, 1961, and May 7, 1975; or

(c) Has served on active duty in connection with carrying out the authorization granted to the President of the United States in Public Law 102 1,

and who received, upon severance from service, an honorable discharge or certificate of satisfactory service from the Armed Forces of the United States, or who, having so served, is still serving in the Armed Forces of the United States, is exempt from taxation.

2. For the purpose of this section, the first $1,000 assessed valuation of property in which such a person has any interest shall be deemed the property of that person.

3. The exemption may be allowed only to a claimant who files an affidavit with his claim for exemption on real property pursuant to NRS 361.155. The affidavit may be filed at any time by a person claiming exemption from taxation on personal property.

4. The affidavit must be made before the county assessor or a notary public and filed with the county assessor. It must state that the affiant is an actual bona fide resident of the State of Nevada who meets all the other requirements of subsection 1 and that the exemption is claimed in no other county in this state. After the filing of the original affidavit, the county assessor shall mail a form for:

(a) The renewal of the exemption; and

(b) The designation of any amount to be credited to the [veterans’ home account,] gift account for veterans’ homes,

to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption.

5. Persons in actual military service are exempt during the period of such service from filing annual affidavits of exemption , and the county assessors shall continue to grant exemption to such persons on the basis of the original affidavits filed. In the case of any person who has entered the military service without having previously made and filed an affidavit of exemption, the affidavit may be filed in his behalf during the period of such service by any person having knowledge of the facts.

6. Before allowing any veteran’s exemption pursuant to the provisions of this chapter, the county assessor of each of the several counties of this state shall require proof of status of the veteran, and for that purpose shall require production of an honorable discharge or certificate of satisfactory service or a certified copy thereof, or such other proof of status as may be necessary.

7. If any person files a false affidavit or produces false proof to the county assessor, and as a result of the false affidavit or false proof a tax exemption is allowed to a person not entitled to the exemption, he is guilty of a gross misdemeanor.

Sec. 5. NRS 361.0905 is hereby amended to read as follows:

361.0905 1. Any person who qualifies for an exemption pursuant to NRS 361.090 may, in lieu of claiming his exemption:

(a) Pay to the county assessor all or any portion of the amount by which the tax would be reduced if he claimed his exemption; and

(b) Direct the county assessor to deposit that amount for credit to the [veterans’ home account established pursuant to NRS 417.145.] gift account for veterans’ homes.

2. Any person who wishes to waive his exemption pursuant to this section shall designate the amount to be credited to the account on a form provided by the Nevada tax commission.

3. The county assessor shall deposit any money received pursuant to this section with the state treasurer for credit to the [veterans’ home account established pursuant to NRS 417.145.] gift account for veterans’ homes. The state treasurer shall not accept more than a total of $1,000,000 for credit to the account pursuant to this section and NRS 371.1035 during any fiscal year.

Sec. 6. NRS 361.155 is hereby amended to read as follows:

361.155 1. All claims for personal tax exemptions on real property, the initial claim of an organization for a tax exemption on real property and the designation of any amount to be credited to the [veterans’ home account] gift account for veterans’ homes pursuant to NRS 361.0905 must be filed on or before June 15. All exemptions provided for pursuant to this chapter apply on a fiscal year basis and any exemption granted pursuant to this chapter must not be in an amount which gives the taxpayer a total exemption greater than that to which he is entitled during any fiscal year.

2. Each claim for an exemption provided for pursuant to this chapter must be filed with the county assessor of:

(a) The county in which the claimant resides for personal tax exemptions; or

(b) Each county in which property is located for the tax exemption of an organization.

3. After the initial claim for an exemption pursuant to NRS 361.088 or 361.098 to 361.150, inclusive, an organization is not required to file annual claims if the property remains exempt. If any portion of the property loses its exemption pursuant to NRS 361.157 or for any other reason becomes taxable, the organization must notify the county assessor.

4. If an exemption is granted or renewed in error because of an incorrect claim or failure of an organization to give the notice required by subsection 3, the assessor shall assess the taxable portion of the property retroactively pursuant to NRS 361.769 and a penalty of 10 percent of the tax due for the current year and any prior years must be added.

Sec. 7. NRS 371.103 is hereby amended to read as follows:

371.103 1. Vehicles, to the extent of $1,000 determined valuation, registered by any actual bona fide resident of the State of Nevada who:

(b) Has served a minimum of 90 continuous days on active duty none of which was for training purposes, who was assigned to active duty at some time between January 1, 1961, and May 7, 1975; or

(c) Has served on active duty in connection with carrying out the authorization granted to the President of the United States in Public Law 102 1, and who received, upon severance from service, an honorable discharge or certificate of satisfactory service from the Armed Forces of the United States, or who, having so served, is still serving in the Armed Forces of the United States, is exempt from taxation.

2. For the purpose of this section , the first $1,000 determined valuation of vehicles in which such a person has any interest shall be deemed to belong to that person.

3. A person claiming the exemption shall file annually with the department in the county where the exemption is claimed an affidavit declaring that he is an actual bona fide resident of the State of Nevada who meets all the other requirements of subsection 1, and that the exemption is claimed in no other county in this state. The affidavit must be made before the county assessor or a notary public. After the filing of the original affidavit, the county assessor shall mail a form for:

(a) The renewal of the exemption; and

(b) The designation of any amount to be credited to the [veterans’ home

account,] gift account for veterans’ homes,

to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption.

4. Persons in actual military service are exempt during the period of such service from filing annual affidavits of exemption , and the department shall grant exemptions to those persons on the basis of the original affidavits filed. In the case of any person who has entered the military service without having previously made and filed an affidavit of exemption, the affidavit may be filed in his behalf during the period of such service by any person having knowledge of the facts.

5. Before allowing any veteran’s exemption pursuant to the provisions of this chapter, the department shall require proof of status of the veteran, and for that purpose shall require production of an honorable discharge or certificate of satisfactory service or a certified copy thereof, or such other proof of status as may be necessary.

6. If any person files a false affidavit or produces false proof to the department, and as a result of the false affidavit or false proof a tax exemption is allowed to a person not entitled to the exemption, he is guilty of a gross misdemeanor.

Sec. 8. NRS 371.1035 is hereby amended to read as follows:

371.1035 1. Any person who qualifies for an exemption pursuant to NRS 371.103 may, in lieu of claiming his exemption:

(a) Pay to the department all or any portion of the amount by which the tax would be reduced if he claimed his exemption; and

(b) Direct the department to deposit that amount for credit to the [veterans’ home account established pursuant to NRS 417.145.] gift account for veterans’ homes.

2. Any person who wishes to waive his exemption pursuant to this section shall designate the amount to be credited to the account on a form provided by the department.

3. The department shall deposit any money received pursuant to this section with the state treasurer for credit to the [veterans’ home account established pursuant to NRS 417.145.] gift account for veterans’ homes. The state treasurer shall not accept more than a total $1,000,000 for credit to the account pursuant to this section and NRS 361.0905 during any fiscal year.

Sec. 9. NRS 371.105 is hereby amended to read as follows:

371.105 Claims pursuant to NRS 371.101, 371.102, 371.103 or 371.104 for tax exemption on the vehicle privilege tax and designations of any amount to be credited to the [veterans’ home account] gift account for veterans’ homes pursuant to NRS 371.1035 must be filed annually at any time on or before the date when payment of the tax is due. All exemptions provided for in this section must not be in an amount which gives the taxpayer a total exemption greater than that to which he is entitled during any fiscal year.”.

Amend the title of the bill, third line, by deleting: “of veterans’ homes” and inserting: “for each veterans’ home”.

Senator Rawson moved the adoption of the amendment.

Remarks by Senator Rawson.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 172.

Bill read second time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 95.

Amend section 1, page 1, line 8, by deleting “a” and inserting “[a] each”.

Amend section 1, page 1, line 15, by deleting “a firearm” and inserting: “[a] each firearm”.

Amend sec. 3, page 4, line 26, by deleting: “October 1, 2001” and inserting “July 1, 2002”.

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

“Sec. 4. This act becomes effective on July 1, 2002.”.

Senator McGinness moved the adoption of the amendment.

Remarks by Senator McGinness.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 179.

Bill read second time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 52.

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

“2. In determining the trustworthiness of a statement, the court shall consider, without limitation, whether:

(a) The statement was spontaneous;

(b) The child was subjected to repetitive questioning;

(d) The child used terminology unexpected of a child of similar age; and

(e) The child was in a stable mental state.

3. If the child is unavailable or unable to testify, written notice must be”.

Amend the title of the bill, second line, after “circumstances;” by inserting: “identifying certain factors to be considered by the court in determining the trustworthiness of certain statements made by a child;”.

Amend the summary of the bill to read as follows:

“SUMMARY—Revises provisions governing admissibility in criminal proceeding of certain statements made by child. (BDR 4-472)”.

Senator Care moved the adoption of the amendment.

Remarks by Senator Care.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 193.

Bill read second time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 93.

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

“Section 2, Chapter 209 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.3 and 1.7 of this act.

Sec. 1.3. The director shall establish, with the approval of the board, a system”.

Amend the bill as a whole by adding a new section designated sec. 1.7, following section 1, to read as follows:

“Sec. 1.7. The director shall develop and implement, in each institution and facility of the department, a program of facility training for the correctional staff.”.

Amend the bill as a whole by adding a new section designated sec. 114, following sec. 113, to read as follows:

“Sec. 114. 1. This section and sections 1 to 84, inclusive, and 86 to 113, inclusive, of this act become effective on July 1, 2001.

2. Section 85 of this act becomes effective on July 2, 2009.

3. Section 84 of this act expires by limitation on July 1, 2009.”.

Amend the title of the bill, second line, after “department;” by inserting: “requiring the director to develop and implement a program of facility training for correctional staff in each institution and facility of the department;”.

Senator Washington moved the adoption of the amendment.

Remarks by Senator Washington.

Amendment adopted.

Senator Washington moved that Senate Bill No. 193 be re-referred to the Committee on Finance upon return from reprint.

Motion carried.

Bill ordered reprinted, engrossed and to the Committee on Finance.

Senate Bill No. 241.

Bill read second time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 92.

Amend section 1, page 1, by deleting lines 5 and 6 and inserting: “while confined in an institution of the department of prisons and does not represent a high risk to reoffend based upon a currently accepted standard of assessment.”.

Amend section 1, page 1, line 9, by deleting “may” and inserting “shall”.

Amend section 1, page 1, by deleting line 10 and inserting: “this section. The regulations must include, without limitation, policies and procedures for:

(a) Documenting that a prisoner was under observation while confined in an institution of the department of prisons;

(b) Selecting a chairman for each certification panel;

(d) Ensuring compliance with the provisions of chapter 241 of NRS; and

(e) Ensuring that the process for the evaluation of prisoners is consistent.”.

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 176A.110 is hereby amended to read as follows:

176A.110 1. The court shall not grant probation to or suspend the sentence of a person convicted of an offense listed in subsection 3 unless a psychologist licensed to practice in this state or a psychiatrist licensed to practice medicine in this state certifies that the person [is not a menace to the health, safety or morals of others.] does not represent a high risk to reoffend based upon a currently accepted standard of assessment.

2. This section does not create a right in any person to be certified or to continue to be certified , and no person may bring a cause of action against the state, its political subdivisions, or the agencies, boards, commissions, departments, officers or employees of the state or its political subdivisions for not certifying a person pursuant to this section or for refusing to consider a person for certification pursuant to this section.

3. The provisions of this section apply to a person convicted of any of the following offenses:

(a) Attempted sexual assault of a person who is 16 years of age or older pursuant to NRS 200.366.

(b) Statutory sexual seduction pursuant to NRS 200.368.

(d) Abuse or neglect of a child pursuant to NRS 200.508.

(e) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive.

(f) Incest pursuant to NRS 201.180.

(g) Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195.

(h) Open or gross lewdness pursuant to NRS 201.210.

(i) Indecent or obscene exposure pursuant to NRS 201.220.

(j) Lewdness with a child pursuant to NRS 201.230.

(k) Sexual penetration of a dead human body pursuant to NRS 201.450.

(l) A violation of NRS 207.180.

(m) An attempt to commit an offense listed in paragraphs (b) to (l), inclusive.

(n) Coercion or attempted coercion that is determined to be sexually motivated pursuant to NRS 207.193.”.

Amend the title of the bill to read as follows:

“AN ACT relating to offenders; revising the provisions relating to certification panels that must determine whether certain prisoners who are eligible for parole constitute a menace to the health, safety or morals of others; requiring the department of prisons to administer such panels and the process of certification; revising the qualifications for certain members of such panels; revising the provisions relating to the determination of whether certain offenders who are eligible for probation constitute a menace to the health, safety or morals of others; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Revises provisions relating to determination of whether certain offenders constitute menace to health, safety or morals of others. (BDR 16-435)”.

Senator Porter moved the adoption of the amendment.

Remarks by Senators Porter and Raggio.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 281.

Bill read second time.

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

Amendment No. 86.

Amend section 1, page 2, line 4, after “to” by inserting: “funeral directing and”.

Senator Carlton moved the adoption of the amendment.

Remarks by Senator Carlton.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 286.

Bill read second time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 91.

Amend sec. 18, page 10, by deleting lines 11 through 13 and inserting: “two other members from the senate.

(b) The minority leader of the senate shall appoint one member from the senate.”.

Amend sec. 18, page 10, line 14, by deleting “(b)” and inserting “(c)”.

Amend sec. 18, page 10, by deleting lines 17 through 19 and inserting: “two other members from the assembly.

(d) The minority leader of the assembly shall appoint one member from the assembly.”.

Amend sec. 18, page 10, line 21, by deleting “nine” and inserting “13”.

Amend sec. 18, page 10, by deleting lines 23 through 44 and inserting:

“(a) Two members who are district judges, appointed by the governing body of the Nevada District Judges’ Association. One of the district judges appointed pursuant to this paragraph must be a judge of the juvenile court.

(b) One member who is a district attorney, appointed by the governing body of the Nevada District Attorneys’ Association.

(d) One member who is an attorney in private practice, experienced in defending criminal actions, appointed by the governing body of the State Bar of Nevada.

(e) One member who is a representative of a law enforcement agency, appointed by the governor.

(f) One member who is a representative of the division of parole and probation of the department of motor vehicles and public safety, appointed by the chief parole and probation officer.

(g) One member who has been a victim of a crime or is a representative of an organization supporting the rights of victims of crime, appointed by the governor.

(h) One member who is a county commissioner, appointed by the governing body of the Nevada Association of Counties.

(i) One member who is a representative of the department of prisons, appointed by the director of the department.

(j) One member who is a representative of the central repository for Nevada records of criminal history, appointed by the director of the department of motor vehicles and public safety.

(k) One member who is a representative of the youth parole bureau of the division of child and family services in the department of human resources, appointed by the administrator of the division.

(l) One member who is a member of the general public, appointed by the governor.”.

Amend sec. 19, page 11, line 11, by deleting “each” and inserting “the”.

Amend sec. 19, page 11, line 18, by deleting “quorum.” and inserting: “quorum, and a quorum may exercise all the power and authority conferred on the committee.”.

Amend sec. 19, page 11, line 24, after “employed” by inserting: “by the State of Nevada or”.

Amend sec. 20, page 11, line 40, after “state.” by inserting: “Those issues may include, without limitation, any policies, practices or procedures concerning adult or juvenile offenders.”.

Amend sec. 23, page 12, line 45, after “179D.700,” by inserting: “205A.010, 205A.020, 205A.030, 205A.040, 205A.050, 205A.060, 205A.070, 205A.080, 205A.090, 205A.100,”.

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

“Sec. 25. Any money remaining in the account for the advisory board for the Nevada task force for technological crime created pursuant to NRS 205A.090 on July 1, 2001, reverts to the state general fund on July 1, 2001.”

Amend the leadlines of repealed sections by adding the leadlines of NRS 205A.010, 205A.020, 205A.030, 205A.040, 205A.050, 205A.060, 205A.070, 205A.080, 205A.090 and 205A.100.

Amend the title of the bill, second line, after “sentencing,” by inserting: “the advisory board for the Nevada task force for technological crime,”.

Senator James moved the adoption of the amendment.

Remarks by Senator James.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 318.

Bill read second time and ordered to third reading.

Senate Bill No. 336.

Bill read second time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 151.

Amend sec. 28, page 9, by deleting lines 1 through 6 and inserting:

“Sec. 28. 1. An arbitrator may award reasonable attorney’s fees and other”.

Amend sec. 28, page 9, by deleting lines 10 and 11 and inserting:

“2. As to all remedies other than those authorized by subsection 1, an arbitrator may order such remedies as he considers just and”.

Amend sec. 28, page 9, line 16, by deleting “4” and inserting “3”.

Amend sec. 28, page 9, by deleting lines 18 through 21.

Senator Care moved the adoption of the amendment.

Remarks by Senator Care.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 367.

Bill read second time and ordered to third reading.

Senate Bill No. 406.

Bill read second time and ordered to third reading.

Assembly Bill No. 150.

Bill read second time and ordered to third reading.

Assembly Bill No. 151.

Bill read second time and ordered to third reading.

Senator Raggio moved that the Senate recess subject to the call of the Chair.

Motion carried.

Senate in recess at 12:54 p.m.

SENATE IN SESSION

At 1:02 p.m.

President Hunt presiding.

Quorum present.

MOTIONS, RESOLUTIONS AND NOTICES

Senator Rawson moved that Senate Bill No. 367 be re-referred to the Committee on Finance.

Motion carried.

GENERAL FILE AND THIRD READING

Senate Bill No. 144.

Bill read third time.

Remarks by Senator Raggio.

Roll call on Senate Bill No. 144:

Yeas—21.

Nays—None.

Senate Bill No. 144 having received a constitutional majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

Senate Bill No. 228.

Bill read third time.

Roll call on Senate Bill No. 228:

Yeas—21.

Nays—None.

Senate Bill No. 228 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Senate Bill No. 299.

Bill read third time.

Remarks by Senators Mathews and Raggio.

Conflict of interest declared by Senator Mathews.

Senator Raggio disclosed that members of my law firm have represented and do represent the Airport Authority of Washoe County Board. The board has taken no position on this.

Senator Raggio requested that his remarks and a newspaper article from the Reno Gazette-Journal be entered in the Journal.

This bill was requested by both Senator Townsend and me, and is in response to a number of situations that have arisen. By way of background, this board was created in 1977. That followed a study by this Legislature, in the preceding interim, to determine the best manner of operation of an airport of a regional area encompassing Reno and the environs. As a result of that study, the Airport Authority of Washoe County was created, and the law created a board appointed by local elected officials of Sparks, Reno and Washoe County. At the time it was created, it had an odd number of members. Since that time, there was added another member, and that resulted in an even number of members on the board. In recent times, there have been several instances where a tie resulted, and the board was unable to make some important decisions.

This bill would increase the number from eight to nine trustees on the board. The measure would require that one of the trustees be appointed by the County Fair and Recreation Board of Washoe County which would also be for a term of four years, which is the normal term for trustees. In that particular situation, the purpose was to appoint someone nominated by the County Fair and Recreation Board, which also has elected members on it as well as others. That person would represent consumers of airport services.

To clarify the original intent and to emphasize the concern that the airport needed to be run on a businesslike basis, this bill specifies that the persons that serve would have a certain kind of background and expertise. The bill before us does attempt to provide some guidance. It provides that persons who are appointed by the appointing authorities in this case, each of the cities and the county, would have experience in aviation business or the tourism industry or would have experience in finance or accounting. Those are not limiting because the bill before us does allow that the persons could have such other qualifications that the appointing authorities deem necessary or appropriate. It gives them great flexibility and does not preclude persons who they deem to be otherwise appropriate to serve on the board.

There is an additional provision that would provide that members of the board would not serve for more than two terms, which is the present policy, and would put it into the law. There is also a provision to ensure that these persons would be able to exercise their independent business judgment in order to ensure that the business of the airport be operated in an appropriate manner. There have been instances where there have been undue pressures put upon these individuals and that, certainly, was not the purpose nor the reason for the establishment of the Airport Authority, which was created to make sure that the airport would be run in a businesslike fashion.

It is extremely important, today, because Reno and the region which is served by this airport goes beyond Reno, Sparks and Washoe County. This is now a regional airport. It serves neighboring areas in northern Nevada and into California. However, it was not our desire to expand the representation on the board beyond those who are appointed by Washoe County entities.

Some of you have received a number of e-mails, that I have received also, contending that this is not necessary. I would suggest to you they represent a small but vocal minority. On your desk is a copy of an editorial that appeared in the Reno Gazette-Journal dated March 29, 2001, which gives a thorough analysis of the history and the reasons for this legislation. It indicates that it would reinforce the independence of the Airport Authority. Threats to remove someone, if they did not vote in a certain way, would be ineffective. This would be consistent with the initial intent of the original legislation. The editorial indicates that the tie situation is one that should be addressed and that this is a good bill for the airport and for Washoe County. I would urge your support for the passage of this bill.

Reno Gazette-Journal—March 29th, 2001

It is imperative that the governing board of the Airport Authority be independent from political pressures. And that makes it imperative that the state Legislature approves Senate Bill No. 299, which would do just that. The Airport Authority clearly has not been free of late from political hassling by local governments, which can bring pressure to bear because they can appoint trustees (and fire them, as the Sparks City Council did some four years ago). Recently, the Reno City Council and the Washoe County Commission both passed resolutions urging the trustees to conduct a full-blown environmental impact study of a much-needed relocation of the air cargo facility—before an environmental assessment had even been completed. There has even been talk by some elected officials of making the board elective rather than appointive. None of this will benefit the board or the community in the long run because the Airport Authority of Washoe County should be run like a business. And it can’t be run that way if it is continually looking over its shoulder at the fluctuating policies of local governments. This doesn’t mean that the trustees should be indifferent to the community’s needs and concerns. The board should be open to the public; it should work with the citizens and not over their heads. And under the leadership of executive director Krys Bart, it has been doing that, even in the midst of controversies such as the proposed cargo hub for the U.S. Postal Service.

Back in 1977, it was political meddling and poor management by the city of Reno that led Sen. Bill Raggio to propose taking the airport away from the city and creating a regional airport authority. This decision was based on a study of how airports were managed across the nation, showing that the best management occurred under independent boards. That best-management practice is what Raggio is trying to reaffirm today through SB 299 (Senate Bill No. 299). This bill would re-enforce the independence of the Airport Authority by forbidding local governments to remove board members unless they willfully neglect or refuse to perform their official duties. In other words, trustees could not be removed for exercising their independent judgment on how to operate the airport.

That independent judgment is vital because the airport is heading into tough times. Airlines are merging, and this is reducing the flights that Reno needs to underpin its tourist economy. The community is looking to the airport authority to take the lead role in encouraging new airlines to add Reno to their schedules and existing airlines to begin service here. At the same time, the airport’s terminal is aging and cargo facilities will need to be expanded soon. That means the board will have to be able to make tough decisions quickly and decisively—doing what is best for the community as a whole. Senate Bill No. 299 would help assure sound management in yet another way—by emphasizing the importance of appointing trustees with aviation, business or tourism experience. The bill does leave it open to the local governments to consider other qualifications, but the stress clearly is where it should be—on appointing people with business/air backgrounds.

Finally, Senate Bill No. 299 is needed because it would add a badly needed ninth member to the board. When the board was created, it had seven members, but former state Senator Don Mello made the number an unwieldy eight by adding another member for Sparks. The even-numbered membership makes it impossible to break a tie vote if everyone remains committed to one or the other view, which led to the recent embarrassing disagreement over naming a new chairman—a disagreement that ended with the two candidates splitting the chairmanship over the coming year and disgusting at least one airline official. It is certainly possible that other important decisions could be handled as badly. So the board needs that ninth member. Raggio would give this ninth appointment to the Reno-Sparks Convention & Visitors Authority, which has a deep interest in the airport as the conduit for badly needed convention delegates; and this ninth member would represent consumers, which is a good voice to add to the mix. On all these counts, Senate Bill No. 299 is a good bill for the airport and a good bill for Washoe County.

Roll call on Senate Bill No. 299:

Yeas—20.

Nays—None.

Not Voting—Mathews.

Senate Bill No. 299 having received a constitutional majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

Senate Bill No. 312.

Bill read third time.

Roll call on Senate Bill No. 312:

Yeas—21.

Nays—None.

Senate Bill No. 312 having received a constitutional majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

Senate Bill No. 334.

Bill read third time.

Roll call on Senate Bill No. 334:

Yeas—21.

Nays—None.

Senate Bill No. 334 having received a constitutional majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

Senate Bill No. 401.

Bill read third time.

Roll call on Senate Bill No. 401:

Yeas—21.

Nays—None.

Senate Bill No. 401 having received a constitutional majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

Senate Joint Resolution No. 7.

Resolution read third time.

Remarks by Senator Porter.

Roll call on Senate Joint Resolution No. 7:

Yeas—21.

Nays—None.

Senate Joint Resolution No. 7 having received a constitutional majority, Madam President declared it passed.

Resolution ordered transmitted to the Assembly.

UNFINISHED BUSINESS

Signing of Bills and Resolutions

There being no objections, the President and Secretary signed Senate Bills Nos. 53, 199; Senate Concurrent Resolution 26; Senate Resolutions Nos. 7, 8.

GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR

On request of Senator Jacobsen, the privilege of the floor of the Senate Chamber for this day was extended to former Chief Clerk of the Assembly, Mouryne Dini and the following members of the Republican Women’s Club: Shaaron Sneak, Ann Hersey, Fred Hersey, Mary Christ, Vic Christ, Millie Griffin, Mary Jane Harding, Lorene Palmer, Bill Palmer, Lois Carty, Rick Carty, Jean Tomlinson, Cheri Owen, Connie Elvik, Stella Murray, Judy Conrad, Helen Dutton, Bob Dutton, Rosemary Gatewood, Tom Gatewood, Corky Greer, Mr. Greer, Bette Holth, John Holth, Nancy Kjeldergaard, Gwen Marsh, Dan Marsh, Carolyn Messer, Jenny Sterling, Beverly Willard, Grady Goodwin, Mary Jane Harding, Peter Harding, Judith Verzello, Robert Verzello, Joyce Comach, Richard Holstein, Norma Goodwin, Janet Asman, Mr. Asman, Winnie McCarty, Mr. McCarty, Bette Wailes, Russ Wailes, Barbara Smallwood, Mary Cioffi, Carl Kennedy, Susan Kennedy, Sherry Martinelli, Jean Browne, Mike Oetting, Fran Coursey, Judy Hartwick and Debra Bratson.

On request of Senator Neal, the privilege of the floor of the Senate Chamber for this day was extended to former Secretary of the Senate, Leola Armstrong.

On request of Senator Porter, the privilege of the floor of the Senate Chamber for this day was extended to Kae Pohe and Liz Pohe.

On request of Senator Raggio, the privilege of the floor of the Senate Chamber for this day was extended to Robert Thomas, Julie Thomas, Patricia Heilman, Alyssa Heilman, Michael Heilman, George Haymond and Eileen Espinosa.

On request of Senator Shaffer, the privilege of the floor of the Senate Chamber for this day was extended to Sharon Shaffer.

On request of Senator Washington, the privilege of the floor of the Senate Chamber for this day was extended to Rhonda Hylton.

Senator Raggio moved that the Senate adjourn until Thursday, April 5, 2001 at 11 a.m.

Motion carried.

Senate adjourned at 1:24 p.m.

Approved:Lorraine T. Hunt

President of the Senate

Attest: Claire J. Clift

Secretary of the Senate