THE SEVENTY-EIGHTH DAY

THE SEVENTY-EIGHTH DAY

Carson City(Monday), April 23, 2001

Senate called to order at 11:34 a.m.

President Hunt presiding.

Roll called.

All present.

Prayer by the Chaplain, Reverend Jeffrey Paul.

O fountain of all wisdom, whose will is good and gracious, and whose law abides in all creation: We beseech You so to guide and bless the Senators of our State, that they may enact such laws as shall sustain the earth, to the glory of Your Name and the welfare of Your people; in Your Name we pray.

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 Commerce and Labor, to which were referred Senate Bills Nos. 307, 337, 418, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Randolph J. Townsend, Chairman

Madam President:

Your Committee on Government Affairs, to which were referred Senate Bills Nos. 297, 530, 568, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Ann O'Connell, Chairman

Madam President:

Your Committee on Human Resources and Facilities, to which were referred Senate Bills Nos. 167, 311, 399, 482, 483, 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 Taxation, to which was referred Senate Bill No. 528, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Mike McGinness, Chairman

Madam President:

Your Committee on Transportation, to which were referred Senate Bills Nos. 26, 288, 396, 521, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

William R. O'Donnell, Chairman

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, April 20, 2001

To the Honorable the Senate:

I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bills Nos. 59, 77, 435, 656.

Also, I have the honor to inform your honorable body that the Assembly on this day adopted Assembly Concurrent Resolution No. 7.

Patricia R. Williams

Assistant Chief Clerk of the Assembly

MOTIONS, RESOLUTIONS AND NOTICES

Assembly Concurrent Resolution No. 7.

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

Motion carried.

Senator Raggio moved that the following persons be accepted as accredited press representatives, and that they be assigned space at the press table and allowed the use of appropriate media facilities: Virginia City Register:Douglas Truhil, Thomas Hunter and Bill Meakin.

Motion carried.

INTRODUCTION, FIRST READING AND REFERENCE

Assembly Bill No. 59.

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

Motion carried.

Assembly Bill No. 77.

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

Motion carried.

Assembly Bill No. 435.

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

Motion carried.

Assembly Bill No. 656.

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

Motion carried.

MOTIONS, RESOLUTIONS AND NOTICES

Senator Raggio moved that for this legislative day the Secretary of the Senate dispense with reading the histories and titles of all bills and resolutions.

Remarks by Senator Raggio.

Motion carried.

SECOND READING AND AMENDMENT

Senate Bill No. 48.

Bill read second time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 447.

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

Amend sec. 2, page 1, line 11, by deleting “listserv;” and inserting “list server;”.

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

Amend the bill as a whole by deleting sec. 4 and renumbering sections 5 through 11 as sections 4 through 10.

Amend sec. 5, page 3, line 16, by deleting: “2, 3 and 4” and inserting: “2 and 3”.

Amend sec. 9, page 7, lines 19, 27 and 33, by deleting: “2, 3 and 4” and inserting: “2 and 3”.

Amend sec. 10, page 7, line 38, by deleting: “2, 3 and 4” and inserting: “2 and 3”.

Amend sec. 11, page 7, line 47, by deleting: “4, 6, 7 and 8” and inserting: “5, 6 and 7”.

Amend the title of the bill to read as follows:

“AN ACT relating to technology; prohibiting various acts related to the Internet, networks, computers and electronic mail; prohibiting a person from committing certain acts that prevent, impede, delay or disrupt the normal operation or use of any Internet or network site, electronic mail address, computer, system or network; allowing victims of certain technological crimes to recover response costs in a civil action; providing penalties; and providing other matters properly relating thereto.”.

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. 119.

Bill read second time.

The following amendment was proposed by the Committee on Transportation:

Amendment No. 410.

Amend section 1, pages 1 and 2, by deleting lines 6 through 21 on page 1 and lines 1 through 3 on page 2, and inserting:

“2. The program must require the administrator to establish, maintain and make known a telephone number for elderly persons and permanently handicapped persons to register complaints regarding transportation by taxicab.

3. The program must require a certificate holder to inform a person who requests transportation by taxicab within the area allocated to the certificate holder and who identifies himself as an elderly person or a permanently handicapped person of the:

(a) Estimated time of arrival of the requested taxicab; and

(b) Telephone number maintained by the administrator pursuant to subsection 2.”.

Senator Raggio moved the adoption of the amendment.

Remarks by Senator O'Donnell.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 127.

Bill read second time.

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

Amendment No. 259.

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

“Section 1. 1. Except as otherwise authorized by section 2 of this act and notwithstanding the provisions of NRS 388.700, 388.710 and 388.720 to the contrary:

(a) A school district that receives money for the 2001-2003 biennium to comply with the pupil-teacher ratios set forth in NRS 388.700, may submit a written proposal to the State Board of Education before the commencement of the 2001-2002 school year to carry out a demonstration project in which pupil-teacher ratios of 22 to 1 are established in kindergarten and grades 1 to 5, inclusive, in school years 2001-2002 and 2002-2003 to eliminate team teaching.

(b) A school district that receives money for the 2002-2003 school year to comply with the pupil-teacher ratios set forth in NRS 388.700, may submit a written proposal to the State Board of Education before the commencement of the 2002-2003 school year to carry out a demonstration project in which pupil-teacher ratios of 22 to 1 are established in kindergarten and grades 1 to 5, inclusive, in the 2002-2003 school year to eliminate team teaching.

The written proposal must include, without limitation, the plan, if any, of the school district to provide additional facilities as are necessary to carry out the demonstration project.

2. The State Board of Education shall:

(a) Not later than 10 days after it receives a proposal pursuant to subsection 1, transmit a copy of the proposal to the Legislative Bureau of Educational Accountability and Program Evaluation.

(b) Review each proposal that it receives and determine whether to approve the proposal, including, without limitation, the proposal of the school district to use the money that it receives for class-size reduction to carry out the demonstration project regardless of the provisions of NRS 388.700.

3. The State Board of Examiners shall review each proposal transmitted pursuant to subsection 2 and determine whether to approve the proposal, including, without limitation, the proposal of the school district to use the money that it receives for class-size reduction to carry out the demonstration project regardless of the provisions of NRS 388.700. If the State Board of Examiners approves such a proposal, it shall transmit the proposal to the Interim Finance Committee.

4. The Interim Finance Committee shall review each proposal transmitted pursuant to subsection 3 to determine whether to approve the proposal, including, without limitation, the proposal of the school district to use the money that it receives for class-size reduction to carry out a demonstration project regardless of the provisions of NRS 388.700. The Interim Finance Committee is not bound by the findings or recommendations of the State Board of Education or the State Board of Examiners. If the Interim Finance Committee approves a proposal before the commencement of the applicable school year, the school district may carry out a demonstration project.

5. If a school district carries out a demonstration project that has been approved pursuant to this section, the school district shall:

(a) Be deemed in compliance with the pupil-teacher ratios set forth in NRS 388.700 for the 2001-2003 biennium or the 2002-2003 school year, or both, as applicable;

(b) Evaluate the effectiveness of the demonstration project in improving pupil achievement; and

(1) Paragraph (a) of subsection 1, report its findings in an interim report to the Legislative Committee on Education on or before February 15, 2002, and a final report to the Director of the Legislative Counsel Bureau for transmittal to the Nevada Legislature on or before February 15, 2003; or

(2) Paragraph (b) of subsection 1, report its findings in a final report to the Director of the Legislative Counsel Bureau for transmittal to the Nevada Legislature on or before February 15, 2003.

Sec. 2. 1. The Elko County School District is hereby authorized to use the money that it receives for the 2001-2003 biennium to comply with the pupil-teacher ratios set forth in NRS 388.700 to continue in school years 2001-2002 and 2002-2003, the demonstration project carried out by the school district pursuant to section 9 of chapter 543, Statutes of Nevada 1999, at page 2841. The Elko County School District may expand the demonstration project to include grade 6.

2. If the Elko County School District continues the demonstration project, the school district shall:

(a) Be deemed in compliance with the pupil-teacher ratios set forth in NRS 388.700 for the 2001-2003 biennium;

(b) Evaluate the effectiveness of the demonstration project in improving pupil achievement; and

(c) Report its findings in an interim report to the Legislative Committee on Education on or before February 15, 2002, and a final report to the Director of the Legislative Counsel Bureau for transmittal to the Nevada Legislature on or before February 15, 2003.

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

Amend the title of the bill to read as follows:

“AN ACT relating to education; authorizing school districts to submit written proposals for approval to carry out demonstration projects in lieu of complying with the class-size reduction program; authorizing a certain school district to continue its demonstration project; and providing other matters properly relating thereto.”.

Senator Rawson moved the adoption of the amendment.

Remarks by Senators Rawson and Neal.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 163.

Bill read second time.

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

Amendment No. 271.

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

“Sec. 3. 1. Except as otherwise provided in subsection 2, in a county whose population is 100,000 or more, or in any city located within such a county, if the city or county provides for the inspection of structures and the enforcement of zoning regulations and building codes by means of the withholding of building permits pursuant to NRS 278.570, the city or county shall:

(a) Prepare a list of national and international organizations which certify persons who inspect a structure or a portion of a structure and which are approved by the city or county, as appropriate, for certifying persons pursuant to this subsection;

(b) Require a person who fills the position of building official, reviews plans or inspects a structure or building or a portion of a structure or building pursuant to NRS 278.570 or 278.575 to be certified by an organization included on the list prepared pursuant to paragraph (a);

(c) Establish requirements for continuing education for a person who is required to be certified pursuant to this subsection; and

(d) Prohibit a person who is not certified or does not fulfill the requirements for continuing education pursuant to this subsection from filling the position of building official, reviewing plans or inspecting a structure or building or a portion of a structure or building pursuant to NRS 278.570 or 278.575.

2. A city or county specified in subsection 1 may authorize an employee of the city or county to perform duties for which certification is required pursuant to that subsection if those duties are performed under the supervision of a person who is certified by an organization that is included on the list prepared by the city or county pursuant to paragraph (a) of that subsection. The city or county may authorize an employee to perform duties pursuant to this subsection for not more than 1 year.

3. The requirements for continuing education established pursuant to paragraph (c) of subsection 1 must:

(a) Include the completion of at least 45 hours of continuing education every 3 years; and

(b) Specify the manner in which a person may complete those hours.

4. In a county whose population is less than 100,000, or in any city located within such a county, if the city or county provides for the inspection of structures and the enforcement of zoning regulations and building codes by means of the withholding of building permits pursuant to NRS 278.570, the city or county shall, by resolution, establish the requirements for certifying and for continuing education for a person who, on a full-time basis, fills the position of building official, reviews plans or inspects a structure or building or a portion of a structure or building pursuant to NRS 278.570 or 278.575.”.

Amend sec. 9, page 4, line 25, by deleting “enacted” and inserting “established”.

Amend sec. 9, page 4, line 31, by deleting “Any” and inserting: “Except as otherwise provided in section 3 of this act, any”.

Amend sec. 9, page 4, by deleting lines 34 and 35 and inserting: “certification and continuing education established pursuant to that section.”.

Amend sec. 11, page 5, line 31, by deleting “enacted” and inserting “established”.

Amend sec. 24, page 10, line 28, after “registration.” by inserting: “For the purposes of this subsection, a person licensed, certified or registered pursuant to chapter 645C of NRS shall be deemed to be acting within the scope of his license, certification or registration while he is performing an appraisal prescribed by federal law that requires a statement of visual condition and while he is preparing or communicating a report of such an appraisal.”.

Amend sec. 24, page 10, line 37, by deleting “and” and inserting “or”.

Amend sec. 25, page 10, line 38, after “the” by inserting “amendatory”.

Amend sec. 25, page 10, line 39, after “person” by inserting: “who is employed by the city or county before October 1, 2001,”.

Amend the title of the bill to read as follows:

“AN ACT relating to local governments; requiring a city or county to establish requirements for certifying and for continuing education for building officials and certain persons who conduct inspections of or review plans prepared for structures or buildings under certain circumstances; and providing other matters properly relating thereto.”.

Senator O'Connell moved the adoption of the amendment.

Remarks by Senator O'Connell.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 165.

Bill read second time.

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

Amendment No. 230.

Amend the bill as a whole by renumbering sections 1 and 2 as sections 4 and 5 and adding new sections designated sections 1 through 3, following the enacting clause, to read as follows:

“Section 1. NRS 385.347 is hereby amended to read as follows:

385.347 1. The board of trustees of each school district in this state, in cooperation with associations recognized by the state board as representing licensed personnel in education in the district, shall adopt a program providing for the accountability of the school district to the residents of the district and to the state board for the quality of the schools and the educational achievement of the pupils in the district, including, without limitation, pupils enrolled in charter schools in the school district.

2. The board of trustees of each school district shall, on or before March 31 of each year, report to the residents of the district concerning:

(a) The educational goals and objectives of the school district.

(b) Pupil achievement for grades 4, 8, 10 and 11 for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

Unless otherwise directed by the department, the board of trustees of the district shall base its report on the results of the examinations administered pursuant to NRS 389.015 and shall compare the results of those examinations for the current school year with those of previous school years. The report must include, for each school in the district, including, without limitation, each charter school in the district, and each grade in which the examinations were administered:

(1) The number of pupils who took the examinations;

(2) An explanation of instances in which a school was exempt from administering or a pupil was exempt from taking an examination; and

(3) A record of attendance for the period in which the examinations were administered, including an explanation of any difference in the number of pupils who took the examinations and the number of pupils who are enrolled in the school.

In addition, the board shall also report the results of other examinations of pupil achievement administered to pupils in the school district in grades other than 4, 8, 10 and 11. The results of these examinations for the current school year must be compared with those of previous school years.

(c) The ratio of pupils to teachers in kindergarten and at each grade level for each elementary school in the district and the district as a whole, including, without limitation, each charter school in the district, the average class size for each required course of study for each secondary school in the district and the district as a whole, including, without limitation, each charter school in the district, and other data concerning licensed and unlicensed employees of the school district.

(d) The percentage of classes taught by teachers who have been assigned to teach English, mathematics, science or social studies but do not possess a license with an endorsement to teach in that subject area, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

(e) The total expenditure per pupil for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

(f) The curriculum used by the school district, including:

(1) Any special programs for pupils at an individual school; and

(2) The curriculum used by each charter school in the district.

(g) Records of the attendance and truancy of pupils in all grades, including, without limitation, the average daily attendance of pupils, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

(h) The annual rate of pupils who drop out of school in grades 9 to 12, inclusive, for each such grade, for each school in the district and for the district as a whole, excluding pupils who:

(1) Provide proof to the school district of successful completion of the examinations of general educational development.

(2) Are enrolled in courses that are approved by the department as meeting the requirements for an adult standard diploma.

(3) Withdraw from school to attend another school.

(i) Records of attendance of teachers who provide instruction, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

(j) Efforts made by the school district and by each school in the district, including, without limitation, each charter school in the district, to increase:

(1) Communication with the parents of pupils in the district; and

(2) The participation of parents in the educational process and activities relating to the school district and each school, including, without limitation, the existence of parent organizations and school advisory committees.

(k) Records of incidents involving weapons or violence for each school in the district, including, without limitation, each charter school in the district.

(l) Records of incidents involving the use or possession of alcoholic beverages or controlled substances for each school in the district, including, without limitation, each charter school in the district.

(m) Records of the suspension and expulsion of pupils required or authorized pursuant to NRS 392.466 and 392.467.

(n) The number of pupils who are deemed habitual disciplinary problems pursuant to NRS 392.4655, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

(o) The number of pupils in each grade who are retained in the same grade pursuant to NRS 392.125, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

(p) The transiency rate of pupils for each school in the district and the district as a whole, including, without limitation, each charter school in the district. For the purposes of this paragraph, a pupil is not transient if he is transferred to a different school within the school district as a result of a change in the zone of attendance by the board of trustees of the school district pursuant to NRS 388.040.

(q) Each source of funding for the school district.

(r) The amount and sources of money received for remedial education for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

(s) For each high school in the district, including, without limitation, each charter school in the district, the percentage of pupils who graduated from that high school or charter school in the immediately preceding year and enrolled in remedial courses in reading, writing or mathematics at a university or community college within the University and Community College System of Nevada.

(t) The technological facilities and equipment available at each school, including, without limitation, each charter school, and the district’s plan to incorporate educational technology at each school.

(u) For each school in the district and the district as a whole, including, without limitation, each charter school in the district, the number and percentage of pupils who graduate with:

(1) A standard high school diploma.

(2) An adjusted diploma.

(3) A certificate of attendance.

(v) For each school in the district and the district as a whole, including, without limitation, each charter school in the district, the number and percentage of pupils who did not receive a high school diploma because the pupils failed to pass the high school proficiency examination.

(w) The number of habitual truants who are reported to a school police officer or law enforcement agency pursuant to paragraph (a) of subsection 2 of NRS 392.144 and the number of habitual truants who are referred to an advisory board to review school attendance pursuant to paragraph (b) of subsection 2 of NRS 392.144, for each school in the district and for the district as a whole.

(x) The amount and sources of money received for the training and professional development of teachers and other educational personnel for each school in the district and for the district as a whole, including, without limitation, each charter school in the district.

(y) Such other information as is directed by the superintendent of public instruction.

3. The records of attendance maintained by a school for purposes of paragraph (i) of subsection 2 must include the number of teachers who are in attendance at school and the number of teachers who are absent from school. A teacher shall be deemed in attendance if the teacher is excused from being present in the classroom by the school in which he is employed for one of the following reasons:

(a) Acquisition of knowledge or skills relating to the professional development of the teacher; or

(b) Assignment of the teacher to perform duties for cocurricular or extracurricular activities of pupils.

4. The superintendent of public instruction shall:

(a) Prescribe forms for the reports required pursuant to subsection 2 and provide the forms to the respective school districts.

(b) Provide statistical information and technical assistance to the school districts to ensure that the reports provide comparable information with respect to each school in each district and among the districts.

(1) Nevada State Education Association;

(2) Nevada Association of School Boards;

(3) Nevada Association of School Administrators;

(4) Nevada Parent Teachers Association;

(5) Budget division of the department of administration; and

(6) Legislative counsel bureau,

concerning the program and consider any advice or recommendations submitted by the representatives with respect to the program.

5. The superintendent of public instruction may consult with representatives of parent groups other than the Nevada Parent Teachers Association concerning the program and consider any advice or recommendations submitted by the representatives with respect to the program.

6. On or before April 15 of each year, the board of trustees of each school district shall submit to each advisory board to review school attendance created in the county pursuant to NRS 392.126 the information required in paragraph (g) of subsection 2.

Sec. 2. NRS 385.351 is hereby amended to read as follows:

385.351 1. On or before April 15 of each year, the board of trustees of each school district shall submit the report required pursuant to subsection 2 of NRS 385.347 to the:

(a) Governor;

(b) State board;

(d) Committee; and

(e) Bureau.

2. On or before April 15 of each year, the board of trustees of each school district shall submit the information prepared by the board of trustees pursuant to paragraph (t) of subsection 2 of NRS 385.347 to the commission on educational technology created pursuant to NRS 388.790.

3. On or before June 15 of each year, the board of trustees of each school district shall [:

(a) Prepare:

(1) A separate] prepare a:

(a) Separate written report summarizing the effectiveness of the district’s program of accountability. The report must include:

[(I)] (1) A review and analysis of the data upon which the report required pursuant to subsection 2 of NRS 385.347 is based and a review and analysis of any data that is more recent than the data upon which the report is based;

[(II)] (2) The identification of any problems or factors at individual schools that are revealed by the review and analysis;

[(III)] (3) A summary of the efforts that the school district has made or intends to make in response to the deficiencies or in response to the recommendations identified in the report submitted to the district pursuant to paragraph (b) of subsection 1 of NRS 385.359; [and

(IV)] (4) A description of the progress that the school district has achieved, if any, as a result of the recommendations submitted pursuant to paragraph (b) of subsection 1 of NRS 385.359 in preceding years and any other analyses made in preceding years [.

(2) A written] ; and

(5) A summary of the efforts that the school district has made or intends to make to ensure that the teachers and other educational personnel employed by the school district receive training and other professional development in:

(I) The standards of content and performance established by the council to establish academic standards for public schools pursuant to NRS 389.520;

(II) The assessment and measurement of pupil achievement and the effective methods to analyze the tests results and scores of pupils to improve the achievement and proficiency of pupils; and

(III) Specific content areas to enable the teachers and other educational personnel to provide a higher level of instruction in their respective fields of teaching.

(b) Written procedure to improve the achievement of pupils who are enrolled in schools within the district, including, but not limited to, a description of the efforts the district has made to correct any deficiencies identified in the written report required pursuant to [subparagraph (1).] paragraph (a). The written procedure must describe sources of data that will be used by the board of trustees to evaluate the effectiveness of the written procedure.

[(b) Submit]

4. On or before June 15 of each year, the board of trustees of each school district shall submit copies of the written report and written procedure required pursuant to [paragraph (a)] subsection 3 to the:

[(1) Governor;

(2)] (a) Governor;

(b) State board;

[(3) Department;

(4)] (c) Department;

(d) Committee; and

[(5)] (e) Bureau.

[4.] 5. The department shall maintain a record of the information that it receives from each school district pursuant to this section in such a manner as will allow the department to create for each school a yearly profile of information.

[5.] 6. The board of trustees of each school district shall ensure that a copy of the written report and written procedure required pursuant to [paragraph (a) of] subsection 3 is included with the final budget of the school district adopted pursuant to NRS 354.598.

Sec. 3. NRS 385.367 is hereby amended to read as follows:

385.367 The department shall designate a public school as demonstrating need for improvement if:

1. Less than 60 percent of the pupils enrolled in that school who took the examinations administered pursuant to NRS 389.015 received an average score on those examinations that is at least equal to the 26th percentile of the national reference group of pupils to which the examinations were compared; or

2. The average daily attendance of pupils who are enrolled in the school is less than 90 percent for 3 or more consecutive years based upon the yearly profile of information for the school maintained by the department pursuant to subsection [4] 5 of NRS 385.351 [.] or subsection 5 of NRS 386.605.

3. A school that is designated as demonstrating need for improvement based solely upon the provisions of subsection 2 is not eligible to receive money for remedial programs made available by legislative appropriation for the purposes of NRS 385.389.”.

Amend the bill as a whole by renumbering sec. 3 as sec. 7 and adding a new section designated sec. 6, following sec. 2, to read as follows:

“Sec. 6. NRS 385.378 is hereby amended to read as follows:

385.378 1. Except as otherwise provided in subsections 3 and 4, in addition to the requirements set forth in NRS 385.373 and 385.375, if a school receives two or more consecutive designations as demonstrating need for improvement pursuant to NRS 385.367 or NRS 385.368, the department shall, on or before August 1, establish a panel to supervise the academic probation of the school. A panel established pursuant to this section consists of nine members appointed by the superintendent of public instruction as follows:

(a) Two instructors or professors who provide instruction within the University and Community College System of Nevada;

(b) One representative of the private sector;

(d) One person who is a member of the board of trustees of a school district; and

(e) Three persons who are licensed educational personnel at public schools within this state. One person appointed pursuant to this paragraph must be a classroom teacher who provides instruction at a school that is not located within the same school district as the school which is the subject of the evaluation. One person appointed pursuant to this paragraph must be an administrator at a school that is not located within the same school district as the school which is the subject of the evaluation.

2. For each day or portion of a day during which a member of the panel attends a meeting of the panel or is otherwise engaged in the work of the panel, he is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally. The school district in which the school on academic probation is located shall pay the allowances and expenses authorized pursuant to this subsection.

3. If a school receives two or more consecutive designations as demonstrating need for improvement pursuant to NRS 385.367, the school may submit to the department a request for a waiver of the requirement for the establishment of a panel to supervise the academic probation of the school. The department may grant such a waiver if the yearly profile of information for the school maintained by the department pursuant to subsection [4] 5 of NRS 385.351 or subsection 5 of NRS 386.605 demonstrates to the satisfaction of the department that the school has significantly improved in each of the immediately preceding 3 years covered by the profile.

4. If a school receives two or more consecutive designations as demonstrating need for improvement pursuant to NRS 385.368, the school may submit to the department a request for a waiver of the requirement for the establishment of a panel to supervise the academic probation of the school. The department may grant such a waiver if the yearly profile of information for the school maintained by the department pursuant to subsection [4] 5 of NRS 385.351 or subsection 5 of NRS 386.605 demonstrates to the satisfaction of the department that the number of pupils enrolled in the school who take the examinations required pursuant to NRS 389.015 has significantly increased in each of the immediately preceding 2 years covered by the profile.

5. If the department grants a waiver pursuant to subsection 3 or 4, it shall, on or before June 1 of each year, prepare a list that contains the name of each school for which the department has granted a waiver and the justification of the department for granting the waiver. The department shall submit the list to the:

(a) Governor;

(b) State board;

(d) Bureau.”.

Amend the bill as a whole by renumbering sec. 4 as sec. 9 and adding a new section designated sec. 8, following sec. 3, to read as follows:

“Sec. 8. NRS 385.389 is hereby amended to read as follows:

385.389 1. The department shall adopt programs of remedial study for each subject tested on the examinations administered pursuant to NRS 389.015. In adopting these programs of remedial study, the department shall consider the recommendations submitted by the committee pursuant to NRS 218.5354 and programs of remedial study that have proven to be successful in improving the academic achievement of pupils.

2. A school that receives a designation as demonstrating need for improvement pursuant to subsection 1 of NRS 385.367 shall adopt a program of remedial study that has been adopted by the department pursuant to subsection 1.

3. A school district that includes a school which receives a designation of demonstrating need for improvement pursuant to subsection 1 of NRS 385.367 shall ensure that each of the pupils enrolled in the school who failed to demonstrate at least adequate achievement on the examinations administered pursuant to NRS 389.015 completes, in accordance with the requirements set forth in subsection 5 of NRS 389.015, remedial study that is determined to be appropriate for the pupil.”.

Amend the bill as a whole by renumbering sections 5 through 7 as sections 11 through 13 and adding a new section designated sec. 10, following sec. 4, to read as follows:

“Sec. 10. NRS 386.605 is hereby amended to read as follows:

386.605 1. On or before April 15 of each year, the governing body of each charter school shall submit the information concerning the charter school that is contained in the report required pursuant to subsection 2 of NRS 385.347 to the:

(a) Governor;

(b) State board;

(d) Legislative committee on education created pursuant to NRS 218.5352; and

(e) Legislative bureau of educational accountability and program evaluation created pursuant to NRS 218.5356.

2. On or before April 15 of each year, the governing body of each charter school shall submit the information prepared by the governing body that is contained in the report pursuant to paragraph (t) of subsection 2 of NRS 385.347 to the commission on educational technology created pursuant to NRS 388.790.

3. On or before June 15 of each year, the governing body of each charter school shall [:

(a) Prepare:

(1) A separate] prepare a:

(a) Separate written report summarizing the effectiveness of the charter school’s program of accountability. The report must include:

(II)] (2) The identification of any problems or factors at the charter school that are revealed by the review and analysis [.

(2) A written] ; and

(3) A summary of the efforts that the governing body has made or intends to make to ensure that the teachers and other educational personnel employed by the governing body receive training and other professional development in:

(I) The standards of content and performance established by the council to establish academic standards for public schools pursuant to NRS 389.520;

(II) The assessment and measurement of pupil achievement and the effective methods to analyze the tests results and scores of pupils to improve the achievement and proficiency of pupils; and

(III) Specific content areas to enable the teachers and other educational personnel to provide a higher level of instruction in their respective fields of teaching.

(b) Written procedure to improve the achievement of pupils who are enrolled in the charter school, including, but not limited to, a description of the efforts the governing body has made to correct any deficiencies identified in the written report required pursuant to [subparagraph (1).] paragraph (a). The written procedure must describe sources of data that will be used by the governing body to evaluate the effectiveness of the written procedure.

[(b) Submit]

4. On or before June 15 of each year, the governing body of each charter school shall submit copies of the written report and written procedure required pursuant to [paragraph (a)] subsection 3 to the:

[(1) Governor;

(2)] (a) Governor;

(b) State board;

[(3) Department;

(4)] (c) Department;

(d) Legislative committee on education created pursuant to NRS 218.5352; and

[(5)] (e) Legislative bureau of educational accountability and program evaluation created pursuant to NRS 218.5356.

[4.] 5. The department shall maintain a record of the information that it receives from each charter school pursuant to this section in such a manner as will allow the department to create for each charter school a yearly profile of information.

[5.] 6. The governing body of each charter school shall ensure that a copy of the written report and written procedure required pursuant to [paragraph (a) of] subsection 3 is included with the final budget of the charter school adopted by the governing body of the charter school pursuant to the regulations of the department.

[6.] 7. The legislative bureau of educational accountability and program evaluation created pursuant to NRS 218.5356 may authorize a person or entity with whom it contracts pursuant to NRS 385.359 to review and analyze information submitted by charter schools pursuant to this section, consult with the governing bodies of charter schools and submit written reports concerning charter schools pursuant to NRS 385.359.”.

Amend the bill as a whole by renumbering sections 8 through 10 as sections 15 through 17 and adding a new section designated sec. 14, following sec. 7, to read as follows:

“Sec. 14. NRS 389.015 is hereby amended to read as follows:

389.015 1. The board of trustees of each school district shall administer examinations in all public schools of the school district. The governing body of a charter school shall administer the same examinations in the charter school. The examinations administered by the board of trustees and governing body must determine the achievement and proficiency of pupils in:

(a) Reading;

(b) Writing;

(d) Science.

2. The examinations required by subsection 1 must be:

(a) Administered before the completion of grades 4, 8, 10 and 11.

(b) Administered in each school district and each charter school at the same time. The time for the administration of the examinations must be prescribed by the state board.

(c) Administered in each school in accordance with uniform procedures adopted by the state board. The department shall monitor the compliance of school districts and individual schools with the uniform procedures.

(d) Scored by the department or a single private entity that has contracted with the state board to score the examinations. If a private entity scores the examinations, it shall report the results of the examinations in the form and by the date required by the department.

3. Not more than 14 working days after the results of the examinations are reported to the department by a private entity that scored the examinations or the department completes the scoring of the examinations, the superintendent of public instruction shall certify that the results of the examinations have been transmitted to each school district and each charter school. Not more than 10 working days after a school district receives the results of the examinations, the superintendent of schools of each school district shall certify that the results of the examinations have been transmitted to each school within the school district. Except as otherwise provided in this subsection, not more than 15 working days after each school receives the results of the examinations, the principal of each school and the governing body of each charter school shall certify that the results for each pupil have been provided to the parent or legal guardian of the pupil:

(a) During a conference between the teacher of the pupil or administrator of the school and the parent or legal guardian of the pupil; or

(b) By mailing the results of the examinations to the last known address of the parent or legal guardian of the pupil.

If a pupil fails the high school proficiency examination, the school shall notify the pupil and the parents or legal guardian of the pupil as soon as practicable but not later than 15 working days after the school receives the results of the examination.

4. Different standards of proficiency may be adopted for pupils with diagnosed learning disabilities. If a pupil with a disability is unable to take an examination created by a private entity under regular testing conditions or with modifications and accommodations that are approved by the private entity, the pupil may take the examination with modifications and accommodations that are approved by the state board pursuant to subsection 8. If a pupil with a disability is unable to take an examination created by the department under regular testing conditions or with modifications and accommodations that are approved by the department, the pupil may take the examination with modifications and accommodations that are approved by the state board pursuant to subsection 8. The results of an examination that is taken under conditions that are not approved by a private entity or the department, as applicable, must not be reported pursuant to subsection 2 of NRS 389.017. If different standards of proficiency are adopted or other modifications or accommodations are made in the administration of the examinations for a pupil who is enrolled in a program of special education pursuant to NRS 388.440 to 388.520, inclusive, other than a gifted and talented pupil, the different standards adopted or other modifications or accommodations must be set forth in the pupil’s program of special education developed in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and the standards prescribed by the state board. During the administration of the high school proficiency examination, a pupil with a disability may be given additional time to complete the examination if the additional time is a modification or accommodation that is approved in the pupil’s program of special education developed in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq.

5. If a pupil fails to demonstrate at least adequate achievement on the examination administered before the completion of grade 4, 8 or 10, he may be promoted to the next higher grade, but the results of his examination must be evaluated to determine what remedial study is appropriate. If such a pupil is enrolled at a school that has been designated as demonstrating need for improvement pursuant to subsection 1 of NRS 385.367 , the pupil must, in accordance with the requirements set forth in this subsection, complete remedial study that is determined to be appropriate for the pupil.

6. If a pupil fails to pass the proficiency examination administered before the completion of grade 11, he must not be graduated until he is able, through remedial study, to pass the proficiency examination, but he may be given a certificate of attendance, in place of a diploma, if he has reached the age of 17 years.

7. The state board shall prescribe standard examinations of achievement and proficiency to be administered pursuant to subsection 1. The examinations on reading, mathematics and science prescribed for grades 4, 8 and 10 must be selected from examinations created by private entities and administered to a national reference group, and must allow for a comparison of the achievement and proficiency of pupils in grades 4, 8 and 10 in this state to that of a national reference group of pupils in grades 4, 8 and 10. The questions contained in the examinations and the approved answers used for grading them are confidential, and disclosure is unlawful except:

(a) To the extent necessary for administering and evaluating the examinations.

(b) That a disclosure may be made to a:

(1) State officer who is a member of the executive or legislative branch to the extent that it is necessary for the performance of his duties;

(2) Superintendent of schools of a school district to the extent that it is necessary for the performance of his duties;

(3) Director of curriculum of a school district to the extent that it is necessary for the performance of his duties; and

(4) Director of testing of a school district to the extent that it is necessary for the performance of his duties.

(c) That specific questions and answers may be disclosed if the superintendent of public instruction determines that the content of the questions and answers is not being used in a current examination and making the content available to the public poses no threat to the security of the current examination process.

8. The state board shall prescribe, in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., the modifications and accommodations that may be used in the administration of an examination to a pupil with a disability who is unable to take the examination under regular testing conditions or with modifications and accommodations that are approved by the private entity that created the examination or, if the department created the examination, by the department. These regulations may include, without limitation, authorizing a pupil to complete an examination with additional time.”.

Amend sec. 9, page 12, by deleting lines 15 through 22 and inserting: “government, including [but not limited to the essentials] , without limitation, the:

(a) Essentials of the :

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

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

(3) Declaration of Independence;

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

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

Amend sec. 10, page 12, by deleting lines 24 through 28 and inserting:

“389.030 American history, including , without limitation, the history of the :

1. Constitution of the United States, including, without limitation, the Bill of Rights;

2. State of Nevada , including, without limitation, the Constitution of the State of Nevada; and

3. Declaration of Independence,

must be taught in all of the public schools in the State of Nevada for a period of at least 1 year.”.

Amend the bill as a whole by deleting sec. 11 and renumbering sections 12 and 13 as sections 18 and 19.

Amend the bill as a whole by deleting sections 14 and 15 and renumbering sec. 16 as sec. 20.

Senator Rawson moved the adoption of the amendment.

Remarks by Senators Rawson and Neal.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 208.

Bill read second time.

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

Amendment No. 77.

Amend sec. 2, page 1, lines 3, 14 and 16, by deleting: “state board of health” and inserting “health division”.

Amend sec. 3, page 2, line 11, by deleting: “state board of health” and inserting “health division”.

Amend sec. 3, page 2, line 17, by deleting “4” and inserting “7”. Amend sec. 3, page 2, line 25, by deleting: “state dental health officer” and inserting “health division”.

Amend sec. 3, page 2, line 27, by deleting “4” and inserting “7”.

Amend the bill as a whole by deleting sec. 4, renumbering sections 5 through 10 as sections 13 through 18 and adding new sections designated sections 4 through 12, following sec. 3, to read as follows:

“Sec. 4. Chapter 631 of NRS is hereby amended by adding thereto the provisions set forth as sections 5, 6 and 7 of this act.

Sec. 5. “Conscious sedation” means a minimally depressed level of consciousness, produced by a pharmacologic or nonpharmacologic method or a combination thereof, in which the patient retains the ability independently and continuously to maintain an airway and to respond appropriately to physical stimulation and verbal commands.

Sec. 6. “Deep sedation” means a controlled state of depressed consciousness, produced by a pharmacologic or nonpharmacologic method or a combination thereof, and accompanied by a partial loss of protective reflexes and the inability to respond purposefully to verbal commands.

Sec. 7. 1. The board shall, upon application by a dental hygienist who is licensed pursuant to this chapter and has such qualifications as the board specifies by regulation, issue a special endorsement of his license allowing him to practice public health dental hygiene pursuant to subsection 2.

2. The state dental health officer may authorize a person who holds a special endorsement issued pursuant to subsection 1 to provide or cause to be provided such services for the promotion of public health dental hygiene as the state dental health officer deems appropriate. Such services:

(a) May be provided at schools, community centers, hospitals, nursing homes and such other locations as the state dental health officer deems appropriate.

(b) May not be provided at a dental office that is not operated by a public or nonprofit entity.

Sec. 8. NRS 631.005 is hereby amended to read as follows:

631.005 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 631.015 to 631.105, inclusive, and sections 5 and 6 of this act have the meanings ascribed to them in those sections.

Sec. 9. NRS 631.265 is hereby amended to read as follows:

631.265 1. No licensed dentist or person who holds a restricted license issued pursuant to NRS 631.275 may administer or supervise directly the administration of general anesthesia, conscious sedation or deep sedation to dental patients unless he has been issued a permit authorizing him to do so by the board.

2. The board may issue a permit authorizing a licensed dentist or person who holds a restricted license issued pursuant to NRS 631.275 to administer or supervise directly the administration of general anesthesia, conscious sedation or deep sedation to dental patients under such standards, conditions and other requirements as the board shall by regulation prescribe.

[3. As used in this section:

(a) “Conscious sedation” means a minimally depressed level of consciousness, produced by a pharmacologic or nonpharmacologic method or a combination thereof, in which the patient retains the ability independently and continuously to maintain an airway and to respond appropriately to physical stimulation and verbal commands.

(b) “Deep sedation” means a controlled state of depressed consciousness, produced by a pharmacologic or nonpharmacologic method or a combination thereof, and accompanied by a partial loss of protective reflexes and the inability to respond purposefully to verbal commands.]

Sec. 10. NRS 631.275 is hereby amended to read as follows:

631.275 1. Except as otherwise provided in subsection 2, the board shall, without examination, issue a restricted license to practice dentistry to a person who:

(a) Has a valid license to practice dentistry issued pursuant to the laws of another state or the District of Columbia;

(b) Has received a degree from a dental school or college accredited by the [American Dental Association] Commission on Dental Accreditation [,] of the American Dental Association or its successor organization; and

(c) Has entered into a contract with a facility approved by the health division of the department of human resources to provide publicly funded dental services exclusively to persons of low income for the duration of the restricted license.

2. The board shall not issue a restricted license to a person:

(a) Who has failed to pass the examination of the board;

(b) Who has been refused a license in this state, another state or territory of the United States or the District of Columbia; or

(c) Whose license to practice dentistry has been revoked in this state, another state or territory of the United States or the District of Columbia.

3. A person to whom a restricted license is issued pursuant to subsection 1:

(a) May perform dental services only:

(1) Under the general supervision of the state dental health officer or the supervision of a dentist who is licensed to practice dentistry in this state and appointed by the health division of the department of human resources to supervise dental care that is provided in a facility which has entered into a contract with the person to whom a restricted license is issued and which is approved by the health division ; [of the department;] and

(2) In accordance with the contract required pursuant to paragraph (c) of that subsection.

(b) Shall not, for the duration of the restricted license, engage in the private practice of dentistry, which includes, without limitation, providing dental services to a person who pays for the services.

4. A person who receives a restricted license must pass the examination of the board within 3 years after receiving his restricted license. If the person fails to pass that examination, the board shall revoke the restricted license.

5. The board may revoke a restricted license at any time.

Sec. 11. NRS 631.290 is hereby amended to read as follows:

631.290 1. Any person is eligible to take an examination for a license to practice dental hygiene in this state who:

(a) Is of good moral character;

(b) Is over 18 years of age;

(d) Is a graduate of [an accredited] a program or school of dental hygiene [.] that is accredited. The program of dental hygiene must:

(1) Be accredited by a regional educational accrediting organization;

(2) Be approved by the United States Department of Education;

(3) Include a curriculum of not less than 2 years of academic instruction in dental hygiene; and

(4) Award at least an associate degree in dental hygiene upon completion of the program.

2. To determine whether a person has good moral character the board may consider whether his license to practice dental hygiene in another state has been suspended or revoked or whether he is currently involved in any disciplinary action concerning his license in that state.

Sec. 12. NRS 631.300 is hereby amended to read as follows:

631.300 1. Any person desiring to obtain a license to practice dental hygiene, after having complied with the regulations of the board to determine eligibility, must [be] :

(a) Hold a certificate issued by the National Board of Dental Examiners that contains a notation that the applicant has passed the examination of the board with a score of at least 75; and

(b) Be examined by the board upon such subjects as the board deems necessary, and, except as otherwise provided in NRS 631.271, be given a practical examination in dental hygiene, including, but not limited to, the removal of deposits from, and the polishing of, the exposed surface of the teeth.

2. The examination must be:

(a) Written, oral or a combination of both; and

(b) Practical, as in the opinion of the board is necessary to test the qualifications of the applicant.

3. The board shall examine each applicant in writing on the contents and interpretation of chapter 631 of NRS and the regulations of the board.

[4. In lieu of the written examination which may be required by subsection 2, the board shall recognize a certificate from the National Board of Dental Examiners which contains a notation that the applicant has passed the examination of the board with a score of at least 75.]”.

Amend sec. 5, page 2, line 47, by deleting “4” and inserting “7”.

Amend sec. 5, page 3, line 14, by deleting “4” and inserting “7”.

Amend sec. 6, page 3, line 31, by deleting “4” and inserting “7”.

Amend sec. 6, page 3, by deleting lines 39 and 40 and inserting:

“(c) The administration of general [anesthetics other than by an anesthetist or anesthesiologist licensed in this state.] anesthesia, conscious sedation or deep sedation except as otherwise authorized by regulations adopted by the board.”.

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

Amend sec. 8, page 4, line 23, by deleting “$350,000” and inserting “$568,244”.

Amend sec. 10, page 4, line 39, by deleting: “8 and 9” and inserting:

“16 and 17”.

Amend sec. 10, page 4, line 41, by deleting “7,” and inserting “15,”.

Senator Rawson moved the adoption of the amendment.

Remarks by Senators Rawson and Neal.

Amendment adopted.

Senator Rawson moved that Senate Bill No. 208 be re-referred to the Committee on Finance upon return from reprint.

Remarks by Senator Rawson.

Motion carried.

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

Senate Bill No. 242.

Bill read second time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 448.

Amend section 1, page 1, line 5, after “propagate” by inserting: “1 pound or more of”.

Amend section 1, page 1, line 6, after “propagate” by inserting: “1 pound or more of”.

Amend section 1, pages 1 and 2, by deleting lines 7 through 21 on page 1 and lines 1 through 11 on page 2, and inserting:

“2. A person who violates the provisions of subsection 1 shall be punished, if the quantity involved:

(a) Is 1 pound or more, but less than 50 pounds, for a category E felony as provided in NRS 193.130.

(b) Is 50 pounds or more, but less than 100 pounds, for a category D felony as provided in NRS 193.130.

(c) Is 100 pounds or more, but less than 2,000 pounds, for a category C felony as provided in NRS 193.130 and by a fine of not more than $25,000.

(d) Is 2,000 pounds or more, but less than 10,000 pounds, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years and by a fine of not more than $50,000.

(e) Is 10,000 pounds or more, for a category A felony by imprisonment in the state prison:

(1) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 5 years has been served; or

(2) For a definite term of 15 years, with eligibility for parole beginning when a minimum of 5 years has been served, and by a fine of not more than $200,00.

3. For the purposes of this section:

(a) “Marijuana” means all parts of any plant of the genus Cannabis, whether or not growing.

(b) The weight of marijuana is its weight when seized or as soon as practicable thereafter.”.

Amend the bill as a whole by deleting sections 3 and 4 and renumbering sections 5 and 6 as sections 3 and 4.

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

“Sec. 5. The amendatory provisions of this act do apply to offenses committed before October 1, 2001.”.

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. 264.

Bill read second time.

The following amendment was proposed by the Committee on Transportation:

Amendment No. 418.

Amend section 1, page 2, line 6, by deleting: “motor vehicle privilege” and inserting “governmental services”.

Amend section 1, page 2, line 9, by deleting: “motor vehicle privilege” and inserting “governmental services”.

Amend sec. 2, page 3, line 10, by deleting “vehicle privilege” and inserting “governmental services”.

Senator O'Donnell moved the adoption of the amendment.

Remarks by Senator O'Donnell.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 265.

Bill read second time.

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

Amendment No. 270.

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

“Section 1. Chapter 278 of NRS is hereby amended by adding thereto a new section to read as follows:

1. If a city or county, through the adoption, operation or enforcement of any ordinance or code, requires the removal of a nonconforming outdoor advertising structure, the city or county shall:

(a) Pay just compensation for the loss of the nonconforming outdoor advertising structure to the owner of the nonconforming outdoor advertising structure and to the owner of the real property upon which the nonconforming outdoor advertising structure is located; or

(b) Authorize the owner of the nonconforming outdoor advertising structure to relocate that structure to a site which is determined to be a comparable site by the city or county and the owner of the nonconforming outdoor advertising structure.

2. If a city or county prohibits the owner of a nonconforming outdoor advertising structure from routinely maintaining the nonconforming outdoor advertising structure, the city or county shall provide just compensation or authorize a comparable alternative location for the nonconforming outdoor advertising structure in the same manner as if the city or county had required the removal of the nonconforming outdoor advertising structure pursuant to subsection 1.

3. A city or county shall not allow or require the removal of a nonconforming outdoor advertising structure to occur pursuant to an amortization schedule, regardless of the length of the period set forth in the amortization schedule.

4. The requirements of subsection 1 do not apply if a nonconforming outdoor advertising structure is required to be removed as a result of the owner of the real property upon which the nonconforming outdoor advertising structure is located terminating the lease that governs the placement of the nonconforming outdoor advertising structure on that property pursuant to the terms of that lease.

5. A city or county shall not require the removal of a nonconforming outdoor advertising structure as a condition to the development of the property upon which the nonconforming outdoor advertising structure is located without first holding a public hearing at which the owner of the nonconforming outdoor advertising structure has an opportunity to be heard.

6. If the owner of a nonconforming outdoor advertising structure or the owner of the real property upon which the nonconforming outdoor advertising structure is located disagrees with the amount of just compensation the city or county determines should be paid to him, the owner may appeal the determination to a court of competent jurisdiction. In determining the amount of just compensation that should be paid to an owner pursuant to subsection 1, the court shall consider:

(a) The uniqueness of the location of the property upon which the nonconforming outdoor advertising structure is erected;

(b) Whether the nonconforming outdoor advertising structure can be relocated to a comparable site;

(d) The length of time remaining on any applicable term of a lease governing the nonconforming outdoor advertising structure.

7. As used in this section:

(a) “Amortization schedule” means an extended period over which a person is allowed or required to remove a nonconforming outdoor advertising structure.

(b) “Just compensation” means the most probable price that a nonconforming outdoor advertising structure would bring in a competitive and open market under the conditions of a fair sale, without the price being affected by undue stimulus.

(c) “Nonconforming outdoor advertising structure” means an outdoor advertising structure which is constructed or erected in conformance with all applicable local ordinances and codes in effect on the date a building permit is issued for the outdoor advertising structure and which does not conform subsequently because of a change to the local ordinances or codes. The term does not include an outdoor advertising structure that is authorized by a special use permit, conditional use permit, variance or waiver if, when the special use permit, conditional use permit, variance or waiver was first approved, the special use permit, conditional use permit, variance or waiver was limited by a specific date after which it would be reviewed by the governing body of the city or county.

(d) “Outdoor advertising structure” means any sign, display, billboard or other device that is designed, intended or used to advertise or inform readers about services rendered or goods produced or sold on property other than the property upon which the sign, display, billboard or other device is erected.”.

Amend the title of the bill, second line, by deleting: “or uses of property”.

Amend the summary of the bill to read as follows:

“SUMMARY—Requires city or county to pay just compensation or authorize alternative location for certain structures under certain circumstances. (BDR 22‑156)”.

Senator O'Connell moved the adoption of the amendment.

Remarks by Senator O'Connell.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 301.

Bill read second time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 450.

Amend sec. 2, page 2, lines 22 and 23, by deleting: “in accordance with the provisions of NRS 623.349,”.

Amend sec. 3, page 3, line 2, by deleting: “subsections 2 and 3 [:] ,” and inserting “[subsections 2 and 3:] this section”.

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

“Sec. 8. NRS 625.407 is hereby amended to read as follows:

625.407 1. Except as otherwise provided in this section:

(a) A firm, partnership, corporation or other person engaged in or offering to engage in the practice of engineering or land surveying in this state shall employ full time at least one professional engineer or professional land surveyor, respectively, at each place of business where the work is or will be performed; and

(b) All engineering or land-surveying work done at a place of business must be performed under a professional engineer or professional land surveyor, respectively, who has been placed in responsible charge of the work and who is employed full time at that particular place of business.

2. If the only professional engineer or professional land surveyor employed full time at a place of business where engineering or land-surveying work is performed ceases to be employed at that place of business, during the 30 days next following his departure:

(a) The place of business is not required to employ full time a professional engineer or professional land surveyor; and

(b) The professional engineer or professional land surveyor placed in responsible charge of engineering or land-surveying work performed at the place of business is not required to be employed full time at that place of business.

3. Except as otherwise provided in subsection 5:

(a) A firm, partnership, corporation or other person who performs or offers to perform engineering services in a certain discipline at a particular place of business in this state shall employ full time at that place of business a professional engineer licensed in that discipline.

(b) Each person who holds himself out as practicing a certain discipline of engineering must be licensed in that discipline or employ full time a professional engineer licensed in that discipline.

4. [Architects, registered interior designers, residential designers, professional] Professional engineers and [landscape architects may, in accordance with the provisions of NRS 623.349,] professional land surveyors may join or form a partnership, corporation, limited-liability company or other business organization or association with registrants and licensees outside of their field of practice, or with persons who are not registered or licensed.

5. The provisions of this section do not apply to a firm, partnership, corporation or other person who:

(a) Practices professional engineering for his benefit and does not engage in the practice of professional engineering or offer professional engineering services to other persons; or

(b) Is engaged in the practice of professional engineering or land surveying in offices established for limited or temporary purposes, including offices established for the convenience of field survey crews or offices established for inspecting construction.”.

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. 320.

Bill read second time.

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

Amendment No. 303.

Amend sec. 3, page 1, lines 7 and 8, by deleting: “the medical necessity and appropriateness of” and inserting: “whether or not”.

Amend sec. 3, page 1, line 9, by deleting “insured.” and inserting: “insured is medically necessary and appropriate, or is experimental or investigational.”.

Amend sec. 20, page 6, line 6, by deleting “appropriate.” and inserting: “appropriate, or is experimental or investigational.”.

Amend sec. 24, page 6, line 35, by deleting “injury;” and inserting: “injury according to generally accepted standards of medical practice;”.

Amend sec. 24, page 6, line 38, after “(c)” by inserting: “Clinically appropriate with regard to the type, frequency, extent, location and duration of care;

(d)”.

Amend sec. 24, page 6, by deleting line 41 and inserting:

“(e) The most clinically appropriate level of health care that can be safely”.

Amend the bill as a whole by adding a new section designated sec. 24.5, following sec. 24, to read as follows:

“Sec. 24.5. 1. A managed care organization shall develop standards for selecting independent review organizations for the performance of external reviews.

2. Except as otherwise provided in subsection 3, a managed care organization shall, before it enters into a contract with an independent review organization for the performance of external reviews, obtain the approval of the commissioner of the standards used by the managed care organization to select independent review organizations. The standards must include, without limitation:

(a) Standards to ensure the independence of the independent review organizations; and

(b) Standards to ensure the independence of each employee, agent or contractor of the independent review organizations who performs external review.

3. The commissioner shall approve or object to the standards within 30 days after receiving a copy of the standards from the managed care organization. If the commissioner fails to approve or object to the standards within 30 days, the standards shall be deemed to be approved.”.

Amend sec. 25, page 6, line 49, by deleting “two” and inserting “four”.

Amend sec. 25, page 7, by deleting lines 1 and 2 and inserting:

“2. File with the commissioner a copy of each contract the managed care organization enters into with an independent review organization for the performance of external”.

Amend sec. 26, page 7, line 12, after the italicized semicolon by inserting “and”.

Amend sec. 26, page 7, line 14, by deleting “$1,000; and” and inserting “$500.”.

Amend sec. 26, page 7, by deleting lines 15 through 26 and inserting:

“2. A managed care organization may request an external review.”.

Amend sec. 27, page 7, lines 31, 33 and 38, by deleting “business” and inserting “working”.

Amend sec. 27, page 7, line 40, by deleting “30” and inserting “15”.

Amend sec. 27, page 7, line 41, by deleting “the assignment” and inserting:

“all documents and other evidence provided or demanded pursuant to this section”.

Amend sec. 27, page 7, lines 44 and 47, by deleting “business” and inserting “working”.

Amend sec. 28, page 8, lines 16, 21, 27 and 29, by deleting “business” and inserting “working”.

Amend sec. 30, page 9, line 1, by deleting “The” and inserting “If the”.

Amend sec. 30, page 9, line 2, after “is” by inserting: “in favor of the insured, the decision is”.

Amend sec. 32, page 9, line 36, by deleting “business” and inserting “[business] working”.

Amend sec. 35, page 11, line 9, by deleting “[working] business” and inserting “working”.

Amend sec. 39, page 12, line 40, by deleting “January” and inserting “July”.

Amend sec. 40, page 12, line 42, by deleting “January” and inserting “July”.

Amend sec. 41, page 12, line 43, by deleting “January” and inserting “July”.

Amend the title of the bill, fifth line, by deleting “appropriate;” and inserting: “appropriate, or are experimental or investigational;”.

Amend the summary of the bill to read as follows:

“SUMMARY—Requires managed care organizations to establish system for independent review of final adverse determinations concerning allocations of health care resources and services. (BDR 57‑676)”.

Senator Schneider moved the adoption of the amendment.

Remarks by Senator Schneider.

Amendment adopted.

Senator Raggio moved that Senate Bill No. 320 be re-referred to the Committee on Finance upon return from reprint.

Remarks by Senator Raggio.

Motion carried.

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

Senate Bill No. 397.

Bill read second time.

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

Amendment No. 226.

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

“Sec. 4. 1. “Illegal Internet pharmacy” means a person located within or outside this state who is not licensed and certified by the board pursuant to chapter 639 of NRS to engage in the practice of pharmacy via the Internet and who knowingly:

(a) Uses or attempts to use the Internet, in whole or in part, to communicate with or obtain information from another person; and

(b) Uses or attempts to use such communication or information, in whole or in part, to:

(1) Fill or refill a prescription for a prescription drug for the other person; or

(2) Deliver or cause, allow or aid in the delivery of a controlled substance, imitation controlled substance, counterfeit substance or prescription drug to the other person.

2. The term does not include a person who is authorized by the provisions of NRS 453.011 to 453.552, inclusive, and sections 2 to 12, inclusive, of this act to dispense or distribute, unless the person is acting outside of that authorization.”.

Amend sec. 10, pages 2 and 3, by deleting lines 40 through 48 on page 2 and lines 1 through 11 on page 3, and inserting:

“Sec. 10. 1. A person who is located within this state and who owns, operates, controls, profits from or is employed or paid by an illegal Internet pharmacy shall not:

(a) Fill or refill a prescription for a prescription drug for another person located within or outside this state; or

(b) Deliver or cause, allow or aid in the delivery of a controlled substance, imitation controlled substance, counterfeit substance or prescription drug to another person located within or outside this state.

2. A person who is located outside this state, who owns, operates, controls, profits from or is employed or paid by an illegal Internet pharmacy and who knows or has reasonable cause to believe that another person is located within this state shall not:

(a) Fill or refill a prescription for a prescription drug for the other person; or

(b) Deliver or cause, allow or aid in the delivery of a controlled substance, imitation controlled substance, counterfeit substance or prescription drug to the other person.”.

Amend sec. 10, page 3, line 21, by deleting “delivered:” and inserting “involved:”.

Amend sec. 11, page 3, line 38, before “Internet” by inserting “illegal ”.

Amend sec. 11, page 3, line 48, before “Internet” by inserting “illegal ”.

Amend sec. 11, page 4, line 11, before “Internet” by inserting “illegal ”.

Amend sec. 11, page 4, line 24, by deleting “delivered:” and inserting “involved:”.

Amend sec. 23, page 9, line 14, before “Internet” by inserting “illegal ”.

Amend sec. 42, page 17, by deleting lines 10 and 11 and inserting:

“Sec. 42. 1. “Internet pharmacy” means a person located within or outside this state who knowingly:

(a) Uses or attempts to use the Internet, in whole or in part, to communicate with or obtain information from another person; and

(b) Uses or attempts to use such communication or information, in whole or in part, to fill or refill a prescription or otherwise engage in the practice of pharmacy.

2. As used in this section, “Internet” has the meaning ascribed to it in section 6 of this act.”.

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. 409.

Bill read second time.

The following amendment was proposed by the Committee on Transportation:

Amendment No. 417.

Amend section 1, page 2, lines 7 and 8, by deleting: “motor vehicle privilege” and inserting “governmental services”.

Amend section 1, page 2, line 11, by deleting: “motor vehicle privilege” and inserting “governmental services”.

Amend sec. 2, page 3, line 14, by deleting “vehicle privilege” and inserting “governmental services”.

Amend sec. 5, page 4, by deleting line 14 and inserting:

“Sec. 5. 1. This section and sections 1, 3 and 4 of this act become effective on July 1, 2001.

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

3. This act expires by”.

Senator O'Donnell moved the adoption of the amendment.

Remarks by Senator O'Donnell.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 414.

Bill read second time.

The following amendment was proposed by the Committee on Transportation:

Amendment No. 416.

Amend section 1, page 2, lines 7 and 8, by deleting: “motor vehicle privilege” and inserting “governmental services”.

Amend section 1, page 2, line 11, by deleting: “motor vehicle privilege” and inserting “governmental services”.

Amend sec. 2, page 3, line 24, by deleting “vehicle privilege” and inserting “governmental services”.

Senator O'Donnell moved the adoption of the amendment.

Remarks by Senators O'Donnell and Coffin.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 466.

Bill read second time.

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

Amendment No. 475.

Amend the bill as a whole by deleting sections 4 and 5 and renumbering sec. 6 as sec. 4.

Amend the bill as a whole by deleting sections 7 and 8 and renumbering sec. 9 as sec. 5.

Amend the bill as a whole by deleting sec. 10 and renumbering sec. 11 as sec. 6.

Amend the bill as a whole by deleting sections 12 and 13.

Amend the title of the bill to read as follows:

“AN ACT relating to ethics in government; revising certain provisions regarding prohibited pecuniary interests and commitments of public officers and employees; specifying a period for the retention of certain documents filed with the commission; providing a maximum civil penalty for failure to file financial disclosure statements in a timely manner; and providing other matters properly relating thereto.”.

Senator Neal moved the adoption of the amendment.

Remarks by Senator Neal.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 471.

Bill read second time.

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

Amendment No. 477.

Amend section 1, page 1, line 3, by deleting: “removed by the governor,”.

Amend section 1, page 1, by deleting lines 10 through 13 and inserting: “person must be an officer of the Nevada National Guard, federally recognized in the grade of lieutenant colonel or higher, and must have completed at least 6 years’ service in the Nevada National Guard as a federally recognized”.

Amend section 1, page 1, line 14, by deleting “officer, 3” and inserting: “officer . [, 3”.

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

Amend the title of the bill to read as follows:

“AN ACT relating to state military; changing the qualifications for appointment as adjutant general; and providing other matters properly relating thereto.”.

Senator Porter moved the adoption of the amendment.

Remarks by Senators Porter, Coffin and Titus.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 484.

Bill read second time.

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

Amendment No. 419.

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

“Section 1. The Legislative Committee on Health Care shall:

1. Conduct a study of the diversion of patients in need of emergency services and care from hospitals that lack sufficient resources to provide the emergency services and care needed by those patients. The study must include an examination of:

(a) The causes of those diversions; and

(b) The effect of those diversions on:

(1) The delivery of health care services to patients in this state; and

(2) The costs of health care incurred by patients and employers in this state.

2. Submit a report of its findings and any recommendations for legislation to the Director of the Legislative Counsel Bureau for transmission to the appropriate standing committees of the 72nd session of the Nevada Legislature.

Sec. 2. This act becomes effective on July 1, 2001, and expires by limitation on June 30, 2003.”.

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

“Whereas, As a result of the extremely rapid increase in the population of the State of Nevada, there currently exists an insufficient number of hospital beds adequately to serve the needs of its residents for the provision of emergency services and care; and

Whereas, When a hospital has exhausted its ability to provide the beds and staff necessary for the adequate provision of emergency services and care, emergency patients must be diverted to other hospitals; and

Whereas, The diversion of emergency patients is occurring with alarming frequency in this state, often resulting in lengthy delays before emergency personnel can provide those patients with the emergency services and care they urgently need; and

Whereas, The diversion of emergency patients appears to be having a significant adverse effect on the delivery and costs of health care services in this state; now, therefore,”.

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

“AN ACT relating to health care; requiring the Legislative Committee on Health Care to conduct a study of the diversion of patients in need of emergency services and care from hospitals that lack sufficient resources to provide the emergency services and care needed by those patients; and providing other matters”.

Amend the summary of the bill to read as follows:

“SUMMARY—Requires Legislative Committee on Health Care to study diversion of patients in need of emergency services and care from hospitals that lack sufficient resources to provide needed services and care. (BDR S‑1233)”.

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. 487.

Bill read second time.

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

Amendment No. 332.

Amend section 1, page 2, line 26, by deleting “(l),” and inserting “(k),”.

Amend section 1, page 2, line 30, by deleting “(l),” and inserting “(k),”.

Amend section 1, page 2, by deleting lines 33 and 34.

Amend section 1, page 2, line 35, by deleting “(k)” and inserting “(j)”.

Amend section 1, page 2, line 43, by deleting “(l)” and inserting “(k)”.

Amend section 1, page 2, line 44, by deleting “(k),” and inserting “(j),”.

Amend section 1, page 2, line 46, by deleting: “paragraphs (i) to (l), inclusive,” and inserting: “paragraph (i), (j) or (k)”.

Amend section 1, page 3, line 2, after “Nevada.” by inserting: “The state treasurer shall contract for the services of independent contractors to manage any investments of the state treasurer made pursuant to paragraph (i), (j) or (k) of subsection 2. The state treasurer shall establish such criteria for the qualifications of such an independent contractor as are appropriate to ensure that each independent contractor has expertise in the management of such investments.”.

Amend sec. 4, page 9, line 41, by deleting “treasurer:” and inserting: “treasurer[:] , except as otherwise provided in this section:”.

Amend sec. 4, page 9, by deleting line 43 and inserting:

“(b) Shall invest the”.

Amend sec. 4, page 10, line 18, by deleting “(d),” and inserting “(c),”.

Amend sec. 4, page 10, line 21, by deleting “(d),” and inserting “(c),”.

Amend sec. 4, page 10, by deleting lines 24 and 25.

Amend sec. 4, page 10, line 26, by deleting “(c)” and inserting “(b)”.

Amend sec. 4, page 10, line 34, by deleting “(d)” and inserting “(c)”.

Amend sec. 4, page 10, line 36, by deleting: “(a), (b) and (c)” and inserting: “(a) and (b)”.

Amend sec. 4, page 10, line 41, after “Nevada.” by inserting: “The state treasurer shall contract for the services of independent contractors to manage any investments of the state treasurer made pursuant to subsection 4. The state treasurer shall establish such criteria for the qualifications of such an independent contractor as are appropriate to ensure that each independent contractor has expertise in the management of such investments.”.

Amend sec. 5, page 11, line 12, by deleting “treasurer:” and inserting: “treasurer[:] , except as otherwise provided in this section:”.

Amend sec. 5, page 11, by deleting line 14 and inserting:

“(b) Shall invest the”.

Amend sec. 5, page 11, line 38, by deleting “(d),” and inserting “(c),”.

Amend sec. 5, page 11, line 41, by deleting “(d),” and inserting “(c),”.

Amend sec. 5, page 11, by deleting lines 44 and 45.

Amend sec. 5, page 11, line 46, by deleting “(c)” and inserting “(b)”.

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

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

Amend sec. 5, page 12, line 12, by deleting “Nevada.” and inserting: “Nevada. The state treasurer shall contract for the services of independent contractors to manage any investments of the state treasurer made pursuant to subsection 3. The state treasurer shall establish such criteria for the qualifications of such an independent contractor as are appropriate to ensure that each independent contractor has expertise in the management of such investments.”.

Amend sec. 7, page 13, line 12, by deleting “treasurer:” and inserting: “treasurer[:] , except as otherwise provided in this section:”.

Amend sec. 7, page 13, by deleting line 14 and inserting:

“(b) Shall invest the”.

Amend sec. 7, page 13, line 38, by deleting “(d),” and inserting “(c),”.

Amend sec. 7, page 13, line 41, by deleting “(d),” and inserting “(c),”.

Amend sec. 7, page 13, by deleting lines 44 and 45.

Amend sec. 7, page 13, line 46, by deleting “(c)” and inserting “(b)”.

Amend sec. 7, page 14, line 5, by deleting “(d)” and inserting “(c)”.

Amend sec. 7, page 14, line 7, by deleting: “(a), (b) and (c)” and inserting: “(a) and (b)”.

Amend sec. 7, page 14, line 12, after “Nevada.” by inserting: “The state treasurer shall contract for the services of independent contractors to manage any investments of the state treasurer made pursuant to subsection 3. The state treasurer shall establish such criteria for the qualifications of such an independent contractor as are appropriate to ensure that each independent contractor has expertise in the management of such investments.”.

Senator O'Donnell moved the adoption of the amendment.

Remarks by Senator O'Donnell.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 488.

Bill read second time.

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

Amendment No. 331.

Amend the bill as a whole by deleting sec. 13 and renumbering sections 14 through 17 as sections 13 through 16.

Senator O'Donnell moved the adoption of the amendment.

Remarks by Senator O'Donnell.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 519.

Bill read second time.

The following amendment was proposed by the Committee on Finance:

Amendment No. 489.

Amend sec. 7, page 2, by deleting lines 28 through 33 and inserting:

“(c) The offender is within 2 years of his probable release from prison, as determined by the director.”.

Amend sec. 7, page 3, by deleting lines 5 through 8 and inserting:

“(c) Has, within the immediately preceding 5 years, been convicted of any crime involving the use or threatened use of force or violence against a victim that is punishable as a felony;

(d) Has ever been convicted of a sexual offense;”.

Amend sec. 7, page 3, line 9, by deleting “(d)” and inserting “(e)”.

Amend sec. 7, page 3, line 11, by deleting “(e)” and inserting “(f)”.

Amend sec. 19, page 8, by deleting lines 8 through 19.

Amend sec. 19, page 8, line 20, by deleting “5.” and inserting “4.”.

Amend sec. 19, page 8, line 24, by deleting “6.” and inserting “5.”.

Amend sec. 19, page 8, line 28, by deleting “7.” and inserting “6.”.

Senator Raggio moved the adoption of the amendment.

Remarks by Senator Raggio.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 522.

Bill read second time.

The following amendment was proposed by the Committee on Transportation:

Amendment No. 415.

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

“Sec. 4. Section 30 of Senate Bill No. 59 of this session is hereby amended to read as follows:

Sec. 30. NRS 482.180 is hereby amended to read as follows:

482.180 1. The motor vehicle fund is hereby created as an agency fund. Except as otherwise provided in subsection 4 or by a specific statute, all money received or collected by the department must be deposited in the state treasury for credit to the motor vehicle fund.

2. The interest and income on the money in the motor vehicle fund, after deducting any applicable charges, must be credited to the state highway fund.

3. Any check accepted by the department in payment of [vehicle privilege] the governmental services tax or any other fee required to be collected pursuant to this chapter must, if it is dishonored upon presentation for payment, be charged back against the motor vehicle fund or the county to which the payment was credited, in the proper proportion.

4. All money received or collected by the department for the basic [vehicle privilege] governmental services tax must be deposited in the local government tax distribution account, created by NRS 360.660, for credit to the county for which it was collected.

5. Money for the administration of the provisions of this chapter must be provided by direct legislative appropriation or authorization from the state highway fund, upon the presentation of budgets in the manner required by law. Out of the appropriation or authorization, the department shall pay every item of expense.

6. The [privilege] governmental services tax collected on vehicles subject to the provisions of chapter 706 of NRS and engaged in interstate or intercounty operation must be distributed among the counties in the following percentages:

Carson City................. 1.07 percent Lincoln...................... 3.12 percent

Churchill...................... 5.21 percent Lyon.......................... 2.90 percent

Clark........................... 22.54 percent Mineral...................... 2.40 percent

Douglas....................... 2.52 percent Nye............................ 4.09 percent

Elko............................ 13.31 percent Pershing.................... 7.00 percent

Esmeralda.................... 2.52 percent Storey........................ .19 percent

Eureka.......................... 3.10 percent Washoe................... 12.24 percent

Humboldt.................... 8.25 percent White Pine................ 5.66 percent

Lander......................... 3.88 percent

The distributions must be allocated among local governments within the respective counties pursuant to the provisions of NRS 482.181.

7. The department shall withhold 6 percent from the amount of [privilege] the governmental services tax collected by the department as a commission. From the amount of [privilege] the governmental services tax collected by a county assessor, the state controller shall credit 1 percent to the department as a commission and remit 5 percent to the county for credit to its general fund as commission for the services of the county assessor.

8. When the requirements of this section and NRS 482.181 have been met, and when directed by the department, the state controller shall transfer monthly to the state highway fund any balance in the motor vehicle fund.

9. If a statute requires that any money in the motor vehicle fund be transferred to another fund or account, the department shall direct the controller to transfer the money in accordance with the statute.”.

Senator O'Donnell moved the adoption of the amendment.

Remarks by Senator O'Donnell.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 524.

Bill read second time.

The following amendment was proposed by the Committee on Transportation:

Amendment No. 414.

Amend sec. 5, page 3, line 15, by deleting “privilege” and inserting “governmental services”.

Amend sec. 6, page 4, line 39, by deleting “privilege” and inserting: “the governmental services”.

Amend sec. 7, page 5, lines 14, 15, 21, 42, 43, 46 and 47, by deleting “privilege” and inserting “governmental services”.

Amend sec. 7, page 6, line 12, by deleting “privilege” and inserting “governmental services”.

Amend sec. 8, page 6, by deleting line 15 and inserting:

“Sec. 8. 1. This section and sections 1 to 4, inclusive, of this act become effective on July 1, 2001.

2. Sections 5, 6 and 7 of this act become effective at 12:01 a.m. on July 1, 2001.”.

Senator O'Donnell moved the adoption of the amendment.

Remarks by Senator O'Donnell.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 533.

Bill read second time.

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

Amendment No. 552.

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

“445B.460 1. If , in the judgment of the director, any person is engaged in or”.

Amend section 1, page 1, line 7, by deleting: “or the control officer”.

Amend section 1, page 1, line 13, after “2.” by inserting: “If, in the judgment of the control officer of a local air pollution control board, any person is engaged in or is about to engage in such an act or practice, the control officer may request that the district attorney of the county in which the act or practice is being engaged in or is about to be engaged in apply to the district court for such an order.

3.”.

Amend sec. 2, page 2, by deleting lines 12 and 13 and inserting:

“4. If, in the judgment of the director of the department or his designee,”.

Amend sec. 2, page 2, by deleting lines 16 through 21 and inserting: “director of the department or his designee may request that the attorney general or the district attorney of the county in which the criminal offense is alleged to have occurred [to] institute by indictment or information a criminal prosecution of the person.

5. If, in the judgment of the control officer of a local air pollution control board, any person is engaged in such an act or practice, the control officer may request that the district attorney of the county in which the criminal offense is alleged to have occurred institute by indictment or information a criminal prosecution of the person.”.

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. 536.

Bill read second time.

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

Amendment No. 558.

Amend sec. 3, page 2, line 30, by deleting “may,” and inserting “shall,”.

Amend sec. 3, page 2, line 39, after “out;” by inserting “and”.

Amend sec. 3, page 2, line 41, by deleting “resolutions; and” and inserting “resolutions.”.

Amend sec. 3, page 2, by deleting lines 42 and 43.

Amend sec. 4, page 2, line 44, by deleting: “If an entity” and inserting: “An entity that”.

Amend sec. 4, page 2, line 45, by deleting: “act, the entity:” and inserting “act:”.

Amend sec. 4, page 3, by deleting lines 24 through 27.

Amend sec. 4, page 3, line 28, by deleting “7.” and inserting “6.”.

Amend sec. 4, page 3, by deleting lines 31 through 38.

Amend sec. 4, page 3, line 39, by deleting “9.” and inserting “7.”.

Amend sec. 7, page 4, line 38, by deleting “more, if” and inserting: “more and in which”.

Amend the title of the bill, first line, by deleting “authorizing” and inserting “requiring”.

Amend the summary of the bill to read as follows:

“SUMMARY—Requires creation, by cooperative agreement, of separate entity to establish and administer program for control of air pollution in certain counties. (BDR 40‑1116)”.

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. 544.

Bill read second time.

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

Amendment No. 518.

Amend sec. 6, page 3, line 48, by deleting “immediately”.

Amend sec. 6, page 3, by deleting line 49 and inserting: “the board at such a time as is required by a regulation of the board.”.

Amend sec. 11, page 5, line 26, by deleting “639.2353 1.” and inserting:

“639.2353 Except as otherwise provided in a regulation adopted pursuant to NRS 453.385:

1.”.

Amend sec. 11, page 6, by deleting lines 13 and 14.

Amend sec. 12, page 6, by deleting lines 27 and 28 and inserting:

“(f) Imposition of a fine [not to exceed $1,000] for each count of the accusation[;] , in accordance with the schedule of fines established pursuant to subsection 3; or”.

Amend sec. 12, page 6, between lines 34 and 35, by inserting:

“3. The board shall by regulation establish a schedule of fines that may be imposed pursuant to paragraph (f) of subsection 1. Each fine must be commensurate with the severity of the applicable violation, but must not exceed $10,000 for each violation.”.

Amend sec. 13, page 6, by deleting line 37 and inserting:

“2. Sections 1 and 12 of this act become effective upon passage and approval”.

Amend sec. 13, page 6, line 40, by deleting “and 12”.

Senator Townsend moved the adoption of the amendment.

Remarks by Senator Townsend.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 546.

Bill read second time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 369.

Amend the bill as a whole by deleting section 1 and renumbering sections 2 through 6 as sections 1 through 5.

Amend sec. 2, pages 2 and 3, by deleting lines 42 through 49 on page 2 and lines 1 through 23 on page 3, and inserting:

“200.508 1. A person who[:

(a) Willfully] willfully causes a child who is less than 18 years of age to suffer unjustifiable physical pain or mental suffering as a result of abuse or neglect or to be placed in a situation where the child may suffer physical pain or mental suffering as the result of abuse or neglect[; or

(b) Is] :

(a) If substantial bodily or mental harm results to the child:

(1) If the child is less than 14 years of age and the harm is the result of sexual abuse or exploitation, is guilty of a category A felony and shall be punished by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 15 years has been served; or

(2) In all other such cases to which subparagraph (1) does not apply, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years; or

(b) If substantial bodily or mental harm does not result to the child:

(1) If the person has not previously been convicted of a violation of this section or of a violation of the law of any other jurisdiction that prohibits the same or similar conduct, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years; or

(2) If the person has previously been convicted of a violation of this section or of a violation of the law of any other jurisdiction that prohibits the same or similar conduct, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years,

unless a more severe penalty is prescribed by law for an act or omission that brings about the abuse or neglect.

2. A person who is responsible for the safety or welfare of a child and who permits or allows that child to suffer unjustifiable physical pain or mental suffering as a result of abuse or neglect or to be placed in a situation where the child may suffer physical pain or mental suffering as the result of abuse or neglect[,

is guilty of a gross misdemeanor unless a more severe penalty is prescribed by law for an act or omission which brings about the abuse, neglect or danger.

2. A person who violates any provision of subsection 1, if] :

(a) If substantial bodily or mental harm results to the child:

[(a)] (1) If the child is less than 14 years of age and the harm is the result of sexual abuse or exploitation, is guilty of a category A felony and shall be punished by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or

[(b)] (2) In all other such cases to which [paragraph (a)] subparagraph (1) does not apply, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years[.] ; or

(b) If substantial bodily or mental harm does not result to the child:

(2) If the person has previously been convicted of a violation of this section or of a violation of the law of any other jurisdiction that prohibits the same or similar conduct, is guilty of a category C felony and shall be punished as provided in NRS 193.130,

unless a more severe penalty is prescribed by law for an act or omission that brings about the abuse or neglect.”.

Amend sec. 2, page 3, line 24, by deleting “[3.] 4.” and inserting “3.”.

Amend sec. 3, page 4, by deleting line 17 and inserting:

“NRS 200.465, subsection 1, paragraph (a) of subsection 2 or subparagraph (2) of paragraph (b) of subsection 2 of NRS 200.508, NRS 200.710, 200.720,”.

Amend sec. 4, page 5, by deleting line 17 and inserting: “200.366 or a violation of subsection 1, paragraph (a) of subsection 2 or subparagraph (2) of paragraph (b) of subsection 2 of NRS 200.508, the warden of”.

Amend sec. 5, page 6, by deleting lines 20 and 21 and inserting:

“(b) Abuse or neglect of a child pursuant to subparagraph (1) of paragraph (a) of subsection 1 or subparagraph (1) of paragraph (a) of subsection 2 of NRS 200.508;”

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

Sec. 5. 1. Except as otherwise provided in subsection 2, the amendatory provisions of this act do not apply to offenses committed before October 1, 2001.

2. The amendatory provisions of this act apply to offenses committed before October 1, 2001, for the purposes of determining whether a person is subject to the provisions of subparagraph (2) of paragraph (b) of subsection 1 or subparagraph (2) of paragraph (b) of subsection 2 of NRS 200.508, as amended by this act.

Amend the title of the bill to read as follows:

“AN ACT relating to crimes; revising the penalties for abuse or neglect of a child; providing penalties; and providing other matters properly relating thereto.”

Amend the summary of the bill to read as follows:

“SUMMARY―Revises penalties for abuse or neglect of child. (BDR 15‑471)”.

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. 548.

Bill read second time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 345.

Amend the bill as a whole by deleting sections 1 through 5 and sections 11 through 14 and renumbering sections 6 through 10 as sections 1 through 5.

Amend sec. 8, page 6, by deleting lines 8 through 18 and inserting: “[a psychologist licensed to practice in this state or a psychiatrist licensed to practice medicine in this state] :

(a) If a psychosexual evaluation of the person is required pursuant to NRS 176.139, the person who conducts the psychosexual evaluation certifies in the report prepared pursuant to NRS 176.139 that the person convicted of the offense does not represent a high risk to reoffend based upon a currently accepted standard of assessment; or

(b) If a psychosexual evaluation of the person is not required pursuant to NRS 176.139, a person professionally qualified to conduct psychosexual evaluations certifies in a written report to the court that the person [is not a menace to the health, safety or morals of others.] convicted of the offense does not represent a high risk to reoffend based upon a currently accepted standard of assessment.”.

Amend sec. 8, page 6, between lines 47 and 48, by inserting:

“4. As used in this section, “person professionally qualified to conduct psychosexual evaluations” has the meaning ascribed to it in NRS 176.133.”.

Amend the bill as a whole by adding new sections designated sections 6 and 7, following sec. 10, to read as follows:

“Sec. 6. NRS 213.1214 is hereby amended to read as follows:

213.1214 1. The board shall not release on parole a prisoner convicted of an offense listed in subsection 5 unless a panel consisting of:

(a) The administrator of the division of mental health and developmental services of the department of human resources or his designee;

(b) The director of the department of prisons or his designee; and

(c) A psychologist licensed to practice in this state or a psychiatrist licensed to practice medicine in this state, certifies that the prisoner was under observation while confined in an institution of the department of prisons and [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. A prisoner who has been certified pursuant to subsection 1 and who returns for any reason to the custody of the department of prisons may not be paroled unless a panel recertifies him in the manner set forth in subsection 1.

3. The panel may revoke the certification of a prisoner certified pursuant to subsection 1 at any time.

4. This section does not create a right in any prisoner to be certified or to continue to be certified. No prisoner 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 prisoner pursuant to this section or for refusing to place a prisoner before a panel for certification pursuant to this section.

5. The provisions of this section apply to a prisoner convicted of any of the following offenses:

(a) Sexual assault 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) An attempt to commit an offense listed in paragraphs (a) to [(l),] (k), inclusive.

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

Sec. 7. 1. The amendatory provisions of sections 1, 2 and 3 of this act apply to any person who is given a psychosexual evaluation pursuant to NRS 176.139 or who is subject to the provisions of NRS 176A.110 on or after October 1, 2001, whether or not the person was convicted before, on or after October 1, 2001.

2. The amendatory provisions of sections 4 and 5 of this act apply to any person who applies to the division of parole and probation of the department of motor vehicles and public safety to request a restoration of his civil rights pursuant to NRS 176A.860 on or after October 1, 2001, whether or not the person was convicted before, on or after October 1, 2001.

3. The amendatory provisions of section 6 of this act apply to any person who is subject to the provisions of NRS 213.1214 on or after October 1, 2001, whether or not the person was convicted before, on or after October 1, 2001.”.

Amend the title of the bill to read as follows:

“AN ACT relating to offenders; revising the provisions relating to psychosexual evaluations and the process of certifying whether certain offenders may be granted probation; revising provisions relating to the restoration of civil rights of certain offenders who are honorably discharged from probation; revising the provisions relating to the process of certifying whether certain offenders may be released on parole; and providing other matters properly relating thereto.”.

Senator Wiener moved the adoption of the amendment.

Remarks by Senators Wiener and Neal.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 556.

Bill read second time.

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

Amendment No. 274.

Amend sec. 3, page 2, by deleting line 3 and inserting: “allow a local governmental officer or employee to file an appeal not later than”.

Amend sec. 3, page 2, line 4, by deleting “disclosed.” and inserting: “disclosed and require the local government officer or employee who desires to file an appeal to file the appeal within 60 days after the alleged reprisal or retaliatory action was taken against him.”.

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. 560.

Bill read second time.

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

Amendment No. 273.

Amend sec. 3, page 5, line 31, after “2.” by inserting: “The labor commissioner may, by regulation, establish a sliding scale based on the severity of the violation to determine the amount of the fine to be assessed pursuant to subsection 1.

3.”.

Amend sec. 4, page 5, by deleting lines 36 through 39 and inserting: “any, of that person, may not be awarded a contract for a public work:

1. For the first offense, for a period of [2] 3 years after the date of the imposition of the administrative penalty; and

2. For the second or subsequent offense, for a period of [3] 5 years”.

Amend sec. 5, page 5, line 47, by deleting the brackets and strike-through.

Amend sec. 6, page 6, line 37, by deleting: “Performing work for” and inserting: “Employed at the site of ”.

Amend sec. 6, page 6, line 43, by deleting: “Performing work for” and inserting: “Employed at the site of ”.

Amend sec. 7, page 6, by deleting line 48 and inserting: “contractor or subcontractor on] who performs work for a public work covered”.

Amend sec. 9, page 8, lines 4 and 5, by deleting “1 year” and inserting: “[1 year] 2 years”.

Amend sec. 9, page 8, line 7, by deleting “on” and inserting “for”.

Amend the title of the bill, eighth line, by deleting “requiring” and inserting: “clarifying the duties of ”.

Senator Care moved the adoption of the amendment.

Remarks by Senator Care.

Amendment adopted.

Senator Care moved that Senate Bill No. 560 be re-referred to the Committee on Finance upon return from reprint.

Remarks by Senator Care.

Motion carried.

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

Senate Bill No. 561.

Bill read second time.

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

Amendment No. 483.

Amend sec. 5, pages 3 and 4, by deleting lines 22 through 48 on page 3 and lines 1 through 22 on page 4, and inserting:

“353A.045 The chief [of the division] shall:

1. Report to the director.

2. Develop long-term and annual work plans to be based on the results of periodic documented risk assessments. The annual work plan must[:

(a) List] list the agencies to which the division will provide training and assistance[; and

(b) Be] and be submitted to the director for approval. Such agencies must not include:

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

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

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

(e) The Colorado River Commission.

3. Provide a copy of the approved annual work plan to the legislative auditor.

4. In consultation with the director, prepare a plan for auditing executive branch agencies for each fiscal year and present the plan to the committee for its review and approval. Each plan for auditing must:

(a) State the agencies which will be audited, the proposed scope and assignment of those audits and the related resources which will be used for those audits; and

(b) Ensure that the internal accounting, administrative controls and financial management of each agency are reviewed periodically.

5. Perform the audits of the programs and activities of the agencies in accordance with the plan approved pursuant to subsection 5 of NRS 353A.038 and prepare audit reports of his findings.

6. Review each agency that is audited pursuant to subsection 5 and advise those agencies concerning internal accounting, administrative controls and financial management.

7. Submit to each agency that is audited pursuant to subsection 5 analyses, appraisals and recommendations concerning:

(a) The adequacy of the internal accounting and administrative controls of the agency; and

(b) The efficiency and effectiveness of the management of the agency.

8. Report any possible abuses, illegal actions, errors, omissions and conflicts of interest of which the division becomes aware during the performance of an audit.

9. Adopt the standards of the Institute of Internal Auditors for conducting and reporting on audits.

10. Consult with the legislative auditor concerning the plan for auditing and the scope of audits to avoid duplication of effort and undue disruption of the functions of agencies that are audited pursuant to subsection 5.

11. Appoint a manager of internal controls.”.

Amend the title of the bill, fifth line, by deleting “audits, reviews,”.

Senator Neal moved the adoption of the amendment.

Remarks by Senator Neal.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 566.

Bill read second time.

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

Amendment No. 333.

Amend section 1, page 1, by deleting lines 10 through 17 and inserting: “system shall:

(a) Use due diligence to identify liens created pursuant to NRS 616B.251 and 616B.266 before January 1, 1997; and

(b) Release those liens by filing a notice of release or satisfaction of the lien with the county recorder of the county in which the notice of claim of lien or the judgment against the delinquent employer was filed.”.

Senator Care moved the adoption of the amendment.

Remarks by Senator Care.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

GENERAL FILE AND THIRD READING

Senate Bill No. 2.

Bill read third time.

Remarks by Senator Amodei.

Conflict of interest declared by Senator Raggio.

Roll call on Senate Bill No. 2:

Yeas—20.

Nays—None.

Not Voting—Raggio.

Senate Bill No. 2 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Senate Bill No. 28.

Bill read third time.

Remarks by Senator Amodei.

Roll call on Senate Bill No. 28:

Yeas—21.

Nays—None.

Senate Bill No. 28 having received a two-thirds majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 41.

Bill read third time.

Roll call on Assembly Bill No. 41:

Yeas—21.

Nays—None.

Assembly Bill No. 41 having received a constitutional majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 223.

Bill read third time.

Roll call on Assembly Bill No. 223:

Remarks by Senators Neal and Rawson.

Yeas—21.

Nays—None.

Assembly Bill No. 223 having received a constitutional majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

UNFINISHED BUSINESS

Signing of Bills and Resolutions

There being no objections, the President and Secretary signed Assembly Concurrent Resolutions Nos. 25, 26.

GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR

On request of Senator McGinness, the privilege of the floor of the Senate Chamber for this day was extended to the following students from Schurz Middle School: Vinnie Lowry, Whitney Willie, Dylan Johnson, Kyle Johnson, Daniel Savage, Bobby Sanchez, Eric Dixon, Jonnah McKinney, Angela Hernandez, Marie Reedy, Emma Powell and teacher: Ms. Williams.

On request of Senator Raggio, the privilege of the floor of the Senate Chamber for this day was extended to Kate Connolly, John Brown, Shannon Souza Leone and Al Souza.

Senator Raggio moved that the Senate adjourn until Tuesday, April 24, 2001 at 11 a.m.

Motion carried.

Senate adjourned at 1:02 p.m.

Approved: Lorraine T. Hunt

President of the Senate

Attest: Claire J. Clift

Secretary of the Senate