THE SEVENTY-NINTH DAY
Carson City(Tuesday), April 24, 2001
Senate called to order at 11:05 a.m.
President Hunt presiding.
Roll called.
All present.
Prayer by the Chaplain, Reverend Jeffrey Paul.
Almighty God, give to the members of our Senate, courage, wisdom and foresight to provide for the needs of the land and of all our people; to promote their well-being and dignity; and to fulfill our obligations in all the communities of Nevada, that justice may reign throughout our fair State; 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. 210, 380, 405, 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 Human Resources and Facilities, to which were referred Assembly Bills Nos. 293, 441; Assembly Joint Resolution No. 1, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also, your Committee on Human Resources and Facilities, to which was referred Senate Bill No. 377, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Also, your Committee on Human Resources and Facilities, to which was referred Senate Bill No. 168, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and re-refer to the Committee on Finance.
Raymond D. Rawson, Chairman
Madam President:
Your Committee on Natural Resources, to which were referred Assembly Bill No. 176; Assembly Joint Resolution No. 4, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also, your Committee on Natural Resources, to which was referred Senate Bill No. 327, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Dean A. Rhoads, Chairman
Madam President:
Your Committee on Transportation, to which was referred Senate Bill No. 478, 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 23, 2001
To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day passed Assembly Bill No. 586; Assembly Joint Resolution No. 10.
Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bills Nos. 27, 60, 94, 95, 125, 163, 246, 279, 289, 308, 327, 338, 345, 370, 497, 501, 568, 604, 620, 629, 634, 637, 639.
Patricia R. Williams
Assistant Chief Clerk of the Assembly
COMMUNICATIONS
April 17, 2001
Lady Serpent Basketball, Mineral County High School, Box 938, Hawthorne, NV 89415
Senator Mike McGinness; Legislative Building, 401 South Carson Street,
Carson City, NV 89701-4747
Dear Senator McGinness,
The Mineral County Lady Serpent Basketball team would like to thank you for sponsoring Concurrent Resolution No. 30 (Senate Concurrent Resolution No. 30), honoring the Lady Serpent team for their accomplishments. The team was very impressed with their visit to the Legislature and grateful for the opportunity to meet you and other members of the Senate.
This will be a memory that the team members will carry with them for a long time. Thank you for caring about Mineral County and the efforts of the young ladies.
Sincerely,
Sandhya Bhakta, Ciera Cammarata, Crystal Gilbert, Tana Gurule, Amanda Holland, Delicia Jernigan, Denise Koscinski, Sidney Orndorff and David Gelmstedt, Head Coach
WAIVERS AND EXEMPTIONS
Notice of Waiver
A Waiver requested by: Select Committee on Energy.
For: Assembly Bill No. 661.
To Waive:
Subsection 1 of Joint Standing Rule No. 14.3 (out of final committee of house of origin by 71st day).
Subsection 2 of Joint Standing Rule No. 14.3 (out of house of origin by 82nd day)
With the following Conditions:
May only be passed out of final committee of house of origin on or before April 20, 2001.
May only be passed out of house of origin on or before May 7, 2001.
Has been granted effective: April 20, 2001.
William J. Raggio Richard D. Perkins
Senate Majority Leader Speaker of the Assembly
MOTIONS, RESOLUTIONS AND NOTICES
Assembly Joint Resolution No. 10.
Senator Rawson moved that the resolution be referred to the Committee on Government Affairs.
Motion carried.
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.
Senator Raggio moved that for this legislative day all Senate bills reported out of committee with amendments be immediately placed on the Second Reading File on the second agenda, time permitting.
Remarks by Senator Raggio.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
Assembly Bill No. 27.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 60.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 94.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 95.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 125.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 163.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 246.
Senator Rawson moved that the bill be referred to the Committee on Transportation.
Motion carried.
Assembly Bill No. 279.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Assembly Bill No. 289.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Assembly Bill No. 308.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 327.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 338.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Assembly Bill No. 345.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Assembly Bill No. 370.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 497.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
Assembly Bill No. 501.
Senator Rawson moved that the bill be referred to the Committee on Taxation.
Motion carried.
Assembly Bill No. 568.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 586.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 604.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 620.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Assembly Bill No. 629.
Senator Rawson moved that the bill be referred to the Committee on Natural Resources.
Motion carried.
Assembly Bill No. 634.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
Assembly Bill No. 637.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 639.
Senator Rawson moved that the bill be referred to the Committee on Taxation.
Motion carried.
SECOND READING AND AMENDMENT
Senate Bill No. 26.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 423.
Amend section 1, page 1, lines 4 and 8, by deleting “assistant”.
Amend section 1, page 1, by deleting line 18 and inserting:
“3. Except as otherwise provided in this section, the director may:”.
Amend section 1, page 2, line 2, after “for” by inserting: “obtaining matching money for federal programs and any other programs relating to airports or for”.
Amend section 1, page 2, line 3, by deleting “improvement, operation” and inserting “improvement”.
Amend section 1, page 2, line 7, after “4.” by inserting: “The director shall:
(a) In adopting regulations pursuant to subsection 3, determine the order of priority for the expenditures from the fund by considering, without limitation, the following factors:
(1) The purpose of the project;
(2) The costs and benefits of the project; and
(3) The effect of the project on the environment, safety, security, infrastructure and capacity of the airport; and
(b) Before awarding a grant or adopting a regulation pursuant to subsection 3, consult with the Nevada Aviation Technical Advisory Committee and any person who represents an airport in this state used by the general public.
5.”.
Amend section 1, page 2, by deleting lines 12 and 13 and inserting:
“6. The provisions of this section do not apply to an airport, landing area or air navigation facility that is owned or controlled by the Airport Authority of Washoe County or a county whose population is 400,000 or more.
7. As used in this section, “director” means the director of the department of transportation.”.
Amend the title of the bill by deleting the third and fourth lines and inserting: “landing areas and air navigation facilities that are owned or controlled by certain counties, cities or other local governments; and providing other matters properly”.
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. 167.
Bill read second time.
The following amendment was proposed by the Committee on Human Resources and Facilities:
Amendment No. 546.
Amend the bill as a whole by deleting sections 1 through 12 and adding new sections designated sections 1 and 2, following the enacting clause, to read as follows:
“Section 1. 1. The Department of Human Resources shall review the advisability of expanding the program established pursuant to NRS 439.665 for providing subsidies to senior citizens who purchase insurance coverage for prescription drugs and pharmaceutical services to include persons with disabilities.
2. The Department shall obtain actuarial projections of:
(a) The costs of the program if limited to senior citizens;
(b) The costs of the program if expanded to include persons with disabilities;
(c) The cost per participant in each group;
(d) The number of persons who would receive benefits under the current program if it is not modified; and
(e) The number of persons who would receive benefits under the program if it is expanded to include persons with disabilities, through December 2005. The review must include projections of the fiscal impact on the fund for a healthy Nevada of expanding the program to include persons with disabilities and a determination of the number of senior citizens being served by the current program.
3. For the purposes of the review conducted pursuant to this section, the Department shall assume:
(a) “Person with a disability” means a person who is domiciled in this state and who has a physical or mental impairment that substantially limits one or more of the major life activities of the person.
(b) The income levels specified in NRS 439.665 would apply to both senior citizens and persons with disabilities. For the purposes of that section, “household income” means, with respect to a person with a disability who is not also a senior citizen:
(1) If the person with a disability is a child, the income received by the parents of the person with a disability.
(2) If the person with a disability is not a child, the income received by the person with a disability plus the income received by that person’s spouse, if any.
(c) A senior citizen who is also a person with a disability may, if otherwise qualified for the subsidy, receive one subsidy as either a senior citizen or as a person with a disability, but is not eligible to receive a subsidy based upon both characteristics.
4. The Department shall submit:
(a) A report of the progress of the review conducted pursuant to this section to the Legislative Committee on Health Care before July 1, 2002; and
(b) Its final report, including any recommendations, to the Budget Division of the Department of Administration before September 1, 2002, and to the Director of the Legislative Counsel Bureau before January 1, 2003.
Sec. 2. This act becomes effective on July 1, 2001.”.
Amend the title of the bill to read as follows:
“AN ACT relating to the administration of public health; requiring the Department of Human Resources to review the advisability of expanding the program for providing subsidies to senior citizens who purchase insurance coverage for prescription drugs and pharmaceutical services to include certain persons with disabilities; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
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. 288.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 412.
Amend the bill as a whole by deleting sections 1 and 2 and renumbering sections 3 through 5 as sections 1 through 3.
Amend the title of the bill by deleting the first, second and third lines and inserting:
“AN ACT relating to traffic laws; revising provisions concerning reckless driving to make”.
Amend the summary of the bill to read as follows:
“SUMMARY—Makes various changes to provisions concerning reckless driving so that those provisions apply to person who drives on premises to which public has access. (BDR 43‑468)”.
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. 297.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 330.
Amend sec. 2, page 2, line 6, after “The” by inserting “remaining”.
Amend sec. 2, page 2, by deleting lines 12 through 20 and inserting:
“(a) A vote must be counted if the designated space is darkened or there is a writing in the designated space, including, without limitation, a cross or check; and
(b) Except as otherwise provided in paragraph (a), a writing or other mark on the ballot, including, without limitation, a cross, check, tear or scratch may not be counted as a vote.”.
Amend sec. 3, page 2, by deleting lines 30 through 40.
Amend sec. 3, page 2, line 41, by deleting “3.” and inserting “Sec. 3.”.
Amend sec. 4, page 3, lines 4 and 5, by deleting “25” and inserting “23”.
Amend the bill as a whole by deleting sections 5 and 6 and renumbering sections 7 through 26 as sections 5 through 24.
Amend sec. 7, page 4, line 5, by deleting “mails” and inserting “[mails] distributes”.
Amend sec. 7, page 4, line 7, by deleting “Mail” and inserting “[Mail] Distribute”.
Amend sec. 7, page 4, by deleting line 9 and inserting:
“(1) Identify the person who is [mailing] distributing the form; and”.
Amend sec. 7, page 4, by deleting lines 11 through 19 and inserting: “[and
(3) State that by returning the form, the form will be submitted to the county clerk;]
(b) Not later than 14 days before [mailing] distributing such a form, [notify] provide to the county clerk of each county to which a form will be [mailed] distributed written notification of the approximate number of formsto be [mailed] distributed to voters in the county and of the first date [of the mailing of] on which the forms [; and] will be distributed;”.
Amend sec. 8, page 4, line 27, by deleting “working” and inserting “calendar”.
Amend sec. 9, page 4, line 40, by deleting “telegram,” and inserting: “[telegram,] facsimile machine,”.
Amend sec. 9, page 4, line 45, by deleting: “base, postage prepaid:” and inserting: “base : [, postage prepaid:]”.
Amend sec. 9, page 5, line 14, by deleting: “is unable or otherwise”.
Amend sec. 9, page 5, line 15, by deleting: “in a timely manner”.
Amend sec. 10, page 5, line 41, after “stack” by inserting “, unopened,”.
Amend sec. 10, page 5, lines 42 and 43, by deleting: “container, seal the container with a numbered seal” and inserting “container”.
Amend sec. 10, page 6, by deleting lines 1 through 4 and inserting: “ballot, he shall deposit the ballot in the proper ballot box. [On] At the end of each day before election day, the county clerk may remove the ballots from each ballot box and neatly stack the ballots in a container. Except as otherwise provided in subsection 3, on election day the county clerk shall”.
Amend sec. 10, page 6, line 5, by deleting “and” and inserting” “and, if applicable,”.
Amend sec. 10, page 6, by deleting lines 12 through 15 and inserting: “the proper ballot box [. On] or place the ballot, unopened, in a container that must be securely locked or under the control of the county clerk at all times. At the end of each day before election day, the county clerk may remove the ballots from each ballot box, neatly stack the ballots in a container and seal the container with a numbered seal. Except as otherwise provided in this subsection, on election day the county clerk shall deliver the ballot box and each”.
Amend sec. 10, page 6, by deleting line 16 and inserting: “container, if applicable, to the central counting place. If the county uses a mechanical voting system and the county clerk has appointed an absent ballot central counting board, the county clerk may, not earlier than 4 working days before the election, deliver the ballots to the absent ballot central counting board to be processed and prepared for tabulation pursuant to the procedures established by the secretary of state.”.
Amend sec. 17, page 9, line 31, by deleting “sealed” and inserting: “ballot box or”.
Amend sec. 17, page 9, line 33, by deleting “[box]” and inserting “box or”.
Amend sec. 18, page 9, line 44, by deleting “sealed” and inserting: “ballot boxes or”.
Amend sec. 18, page 9, line 46, by deleting “[box]” and inserting “box or”.
Amend sec. 18, page 10, line 3, by deleting “boxes.” and inserting: “boxes [.] or containers.”.
Amend sec. 20, page 11, line 18, after “case” by inserting: “the registrar of voters of the county, if a registrar of voters has been appointed for the county, shall act as chairman of the recount board. If a registrar of voters has not been appointed for the county,”.
Amend sec. 20, page 11, line 20, after “clerk” by inserting: “, a registrar of voters has not been appointed for the county”.
Amend sec. 20, page 12, line 1, by deleting “consultation with” and inserting: “[consultation with] notification to”.
Amend sec. 20, page 12, by deleting line 9 and inserting: “greater, for [any candidate for the office,] the candidate demanding the recount or the candidate who won the election according to the original canvass of the returns, or in favor of or against a ballot”.
Amend sec. 20, page 12, line 10, by deleting “from” and inserting: “[from] according to”.
Amend sec. 20, page 12, line 13, after “ballots” by inserting: “for all candidates”.
Amend sec. 20, page 12, line 14, after “or” by inserting: “all the ballots for the”.
Amend sec. 20, page 12, by deleting lines 20 through 24.
Amend sec. 24, page 13, line 35, by deleting: “25 and 26” and inserting: “23 and 24”.
Amend sec. 25, page 14, line 4, after “The” by inserting “remaining”.
Amend sec. 25, page 14, by deleting lines 10 through 18 and inserting:
“(a) A vote must be counted if the designated space is darkened or there is a writing in the designated space, including, without limitation, a cross or check; and
(b) Except as otherwise provided in paragraph (a), a writing or other mark on the ballot, including, without limitation, a cross, check, tear or scratch may not be counted as a vote.”.
Amend sec. 26, page 14, by deleting lines 28 through 38.
Amend sec. 26, page 14, line 39, by deleting “3.” and inserting “Sec. 24.”.
Amend the bill as a whole by deleting sec. 27 and renumbering sections 28 through 42 as sections 25 through 39.
Amend sec. 28, page 15, line 28, by deleting “mails” and inserting “[mails] distributes”.
Amend sec. 28, page 15, line 30, by deleting “Mail” and inserting “[Mail] Distribute”.
Amend sec. 28, page 15, by deleting line 32 and inserting:
“(1) Identify the person who is [mailing] distributing the form; and”.
Amend sec. 28, page 15, by deleting lines 34 through 42 and inserting: “[and
(3) State that by returning the form, the form will be submitted to the city clerk;]
(b) Not later than 14 days before [mailing] distributing such a form, [notify] provide to the city clerk of each city to which a form will be [mailed] distributed written notification of the approximate number of formsto be [mailed] distributed to voters in the city and of the first date [of the mailing of] on which the forms [; and] will be distributed;”.
Amend sec. 29, page 16, line 3, by deleting “working” and inserting “calendar”.
Amend sec. 30, page 16, line 16, by deleting “telegram,” and inserting: “[telegram,] facsimile machine,”.
Amend sec. 30, page 16, line 21, by deleting: “base, postage prepaid:” and inserting: “base : [, postage prepaid:]”.
Amend sec. 30, page 16, line 39, by deleting: “is unable or otherwise”.
Amend sec. 30, page 16, line 40, by deleting: “in a timely manner”.
Amend sec. 31, page 17, line 17, after “stack” by inserting “, unopened,”.
Amend sec. 31, page 17, lines 18 and 19, by deleting: “container, seal the container with a numbered seal” and inserting “container”.
Amend sec. 31, page 17, by deleting lines 26 through 29 and inserting: “he shall deposit the ballot in the proper ballot box. [On] At the end of each day before election day, the city clerk may remove the ballots from each ballot box and neatly stack the ballots in a container. Except as otherwise provided in subsection 3, on election day the city clerk shall deliver the ballot”.
Amend sec. 31, page 17, line 30, by deleting “and” and inserting: “and, if applicable,”.
Amend sec. 31, page 17, by deleting lines 36 through 38 and inserting: “box [. On] or place the ballot, unopened, in a container that must be securely locked or under the control of the city clerk at all times. At the end of each day before election day, the city clerk may remove the ballots from each ballot box, neatly stack the ballots in a container and seal the container with a numbered seal. Except as otherwise provided in this subsection, on election day”.
Amend sec. 31, page 17, line 39, by deleting “container” and inserting: “container, if applicable,”.
Amend sec. 31, page 17, line 40, after “place.” by inserting: “If the city uses a mechanical voting system and the city clerk has appointed an absent ballot central counting board, the city clerk may, not earlier than 4 working days before the election, deliver the ballots to the absent ballot central counting board to be processed and prepared for tabulation pursuant to the procedures established by the secretary of state.”.
Amend sec. 38, page 21, line 5, by deleting “sealed” and inserting: “ballot box or”.
Amend sec. 38, page 21, line 7, by deleting “[box]” and inserting “box or”.
Amend sec. 39, page 21, line 18, by deleting “sealed” and inserting: “ballot boxes or”.
Amend sec. 39, page 21, line 20, by deleting “[box]” and inserting “box or”.
Amend sec. 39, page 21, line 26, by deleting “boxes.” and inserting: “boxes [.] or containers.”.
Amend the bill as a whole by deleting sections 43 through 45 and renumbering sec. 46 as sec. 40.
Amend the title of
the bill by deleting the fifth through thirteenth lines and inserting: “
F
absent ballots; establishing
procedures concerning the custody of certain ballots; limiting, under certain
circumstances, a recount requested by a candidate to a recount of the votes
received for that candidate and the votes received for the candidate who won
the election; prohibiting members of a board of county commissioners or a city
council from serving on a recount board under certain circumstances; and
providing other matters”.
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. 307.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 311.
Amend the bill as a whole by deleting sec. 2, renumbering sec. 3 as sec. 5 and adding new sections designated sections 2 through 4, following section 1, to read as follows:
“Sec. 2. NRS 645C.240 is hereby amended to read as follows:
645C.240 1. Except as otherwise provided in [subsections 2 and 3,] this section, all fees, penalties and other charges received by the division pursuant to this chapter must be deposited with the state treasurer for credit to the state general fund.
2. Fees received by the division:
(a) From the sale of publications, must be retained by the division to pay the costs of printing and distributing publications.
(b) For examinations, must be retained by the division to pay the costs of the administration of examinations.
Any surplus of the fees retained by the division must be deposited with the state treasurer for credit to the state general fund.
3. The portion of the fees collected by the division pursuant to NRS 645C.450 for the issuance or renewal of a certificate or license as a residential appraiser or the issuance or renewal of a certificate as a general appraiser which is used for payment of the registry fee to the Financial Institutions Examination Council pursuant to 12 U.S.C. § 3338, must be retained by the division for payment to the Financial Institutions Examination Council.
4. All money the division receives as a result of an increase in fees pursuant to paragraph (a) of subsection 2 of NRS 645C.450 must be accounted for separately and deposited in the state treasury for credit to the real estate appraisers administrative fund, which is hereby created as a special revenue fund. The interest and income earned on the money in the fund, after deducting any applicable charges, must be credited to the fund. The money in the fund does not revert to the state general fund at the end of any fiscal year. Any claims against the fund must be paid as other claims against the state are paid. The money in the fund is hereby appropriated to the division to be expended only:
(a) To defray any expenses necessary to carry out the provisions of section 1 of this act; and
(b) After the deduction of any expenditures required pursuant to paragraph (a), for any other purposes the commission deems appropriate to carry out the provisions of this chapter.
5. Money for the support of the division in carrying out the provisions of this chapter must be provided by direct legislative appropriation and be paid out on claims as other claims against the state are paid.
Sec. 3. NRS 645C.340 is hereby amended to read as follows:
645C.340 1. Each application for an examination for a certificate or license must be accompanied by the fees established by the division pursuant to paragraph (b) of subsection 2 of NRS 645C.450.
2. The examination must test the applicant on his knowledge and understanding of:
(a) Subjects applicable to the type of certificate or license for which he is applying; and
(b) Laws regarding the practice of preparing and communicating appraisals, including the provisions of this chapter and any regulations adopted pursuant thereto.
3. The division may hire a professional testing organization to create, administer or score the examination.
Sec. 4. NRS 645C.450 is hereby amended to read as follows:
645C.450 1. [The] Except as otherwise provided in a regulation adopted pursuant to paragraph (a) of subsection 2, the following fees may be charged and collected by the division:
Application for a certificate, license or registration card........................ $100
Issuance or renewal of a certificate or license as a residential
appraiser....................................................................................................... 250
Issuance or renewal of a certificate as a general appraiser...................... 350
Issuance of a permit....................................................................................... 75
Issuance or renewal of a registration card.................................................. 150
Issuance of a duplicate certificate or license for an additional
office............................................................................................................. 50
Change in the name or location of a business........................................... 10
Reinstatement of an inactive certificate or license.................................... 10
Annual approval of a course of instruction offered in preparation
for an initial certificate or license.............................................................. 100
Annual approval of a course of instruction offered for continuing
education..................................................................................................... 50
2. The division shall adopt regulations which [establish] :
(a) Provide for an increase of not more than $125 in the amount of any fee charged and collected by the division pursuant to subsection 1.
(b) Establish the fees to be charged and collected by the division for:
[(a)] (1) The examination for a certificate or license; and
[(b)] (2) Any additional expenses which are necessary for the administration of the examination.”.
Amend the title of the bill, second and third lines, by deleting: “making an appropriation;” and inserting: “providing for an increase in certain fees of the real estate division of the department of business and industry;”.
Amend the summary of the bill to read as follows:
“SUMMARY—Provides for employment of special investigator to assist commission of appraisers of real estate and for increase in certain fees of real estate division of department of business and industry. (BDR 54-1062)”.
Senator Carlton moved the adoption of the amendment.
Remarks by Senator Carlton.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 311.
Bill read second time.
The following amendment was proposed by the Committee on Human Resources and Facilities:
Amendment No. 541.
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. 1. The Board of Trustees of the Clark County School District shall establish a special planning committee to plan for the construction of smaller schools within the district.
2. The committee established pursuant to subsection 1 shall:
(a) Review research concerning the ideal size of different types of schools and the benefits of smaller schools; and
(b) Make recommendations to the board concerning the construction of smaller schools, including the construction of elementary schools, middle schools, junior high schools and high schools.
3. The Board of Trustees of the Clark County School District shall report to the Legislative Committee on Education on or before November 1, 2002, and November 1, 2004, and at such other times as the board deems appropriate, concerning the activities of the committee established pursuant to subsection 1.
Sec. 2. This act expires by limitation on October 1, 2005.”.
Amend the title of the bill to read as follows:
“AN ACT relating to public schools; requiring the Board of Trustees of the Clark County School District to establish a special planning committee to plan for the construction of smaller schools; requiring the board to report to the Legislative Committee on Education concerning the activities of the special planning committee; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Requires Clark County School District to establish special planning committee to plan for construction of smaller schools. (BDR S‑969)”.
Senator Rawson moved the adoption of the amendment.
Remarks by Senators Rawson and Raggio.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 337.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 421.
Amend sec. 4, pages 1 and 2, by deleting lines 14 through 16 on page 1 and lines 1 through 10 on page 2, and inserting: “pressure vessels.”.
Amend sec. 7, page 2, line 16, by deleting “stage lift,”.
Amend sec. 8, page 2, line 18, by deleting “constructs,”.
Amend sec. 10, page 2, line 25, by deleting “operated.” and inserting: “operated unless the division has provided an exemption for the boiler, elevator or pressure vessel pursuant to section 11 of this act.”.
Amend sec. 11, page 2, line 27, by deleting “construction,”.
Amend sec. 11, page 2, by deleting lines 31 and 32 and inserting:
“(a) Providing an exemption from those standards and procedures:
(1) In the case of an emergency; or
(2) If the division determines that it is in the best interests of the general public; and”.
Amend sec. 12, page 3, by deleting lines 6 through 23 and inserting:
“Sec. 12. 1. The division shall, by regulation, prescribe any fee that is necessary to carry out the provisions of this chapter, including, without limitation, fees for:
(a) An application for a certificate;
(b) The issuance of a certificate;
(c) The renewal of a certificate;
(d) Any examination the division may require for obtaining a certificate; and
(e) Inspections of boilers, elevators or pressure vessels.
2. Any fee prescribed by the division pursuant to subsection 1 must be based on the actual cost necessary to carry out the provisions of this chapter.
3. The fees collected pursuant to this section must be used to reduce the assessments established pursuant to NRS 232.680.”.
Amend sec. 16, page 4, by deleting lines 22 through 28 and inserting:
“Sec. 16. 1. Except as otherwise provided in subsection 3, it is unlawful for any person to install, maintain, relocate, improve, alter or repair an elevator within this state unless he is certified as an elevator mechanic pursuant to section 11 of this act.
2. A person who violates subsection 1 is guilty of a misdemeanor.
3. The division may exempt a person who performs certain categories of acts relating to elevators from the requirement of obtaining a certificate if the division determines it would be in the best interests of the general public.”.
Amend sec. 17, page 4, by deleting lines 32 through 35 and inserting: “of an elevator mechanic is not required to be certified as an elevator”.
Amend the title of the bill to read as follows:
“AN ACT relating to public safety; requiring certain owners of boilers, elevators or pressure vessels to obtain a permit from the division of industrial relations of the department of business and industry before the boiler, elevator or pressure vessel may be operated; requiring elevator mechanics to be certified by the division; requiring the division to adopt regulations governing the maintenance and operation of certain boilers, elevators and pressure vessels and the certification of boiler inspectors and elevator mechanics; authorizing the division to impose certain fees; providing a penalty; and providing other matters properly relating thereto.”.
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. 396.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 424.
Amend sec. 2, page 1, line 10, by deleting “exists.” and inserting: “exists and the driver may safely turn off the highway into that turnout.”.
Amend sec. 2, page 1, by deleting lines 13 and 14 and inserting: “that is traveling at a rate of speed which is less than the posted speed limit for the highway or portion of the highway upon which the vehicle is traveling.”.
Amend the bill as a whole by renumbering sections 6 and 7 as sections 7 and 8 and adding a new section designated sec. 6, following sec. 5, to read as follows:
“Sec. 6. NRS 484.737 is hereby amended to read as follows:
484.737 1. [A] Except as otherwise provided in this section, a person shall not drive, move, stop or park any vehicle or combination of vehicles, and an owner shall not cause or knowingly permit any vehicle or combination of vehicles to be driven, moved, stopped or parked, on any highway if [such] the vehicle or combination of vehicles exceeds in size or weight or gross loaded weight the maximum limitation specified by law [as to such] for that size, weight and gross loaded weight unless [such] the person or owner is authorized to drive, move, stop or park [such] the vehicle or combination of vehicles by a special permit issued by the proper public authority.
2. If the department of transportation or a local law enforcement agency determines that an emergency exists, the department or the local law enforcement agency may authorize a person to drive, move, stop or park a vehicle or combination of vehicles without obtaining a special permit pursuant to subsection 1. Such an authorization may be given orally and may, if requested by a local law enforcement agency or a public safety agency, include driving or moving the vehicle or combination of vehicles to and from the site of the emergency. If a person receives such an authorization, he shall, on the next business day after receiving the authorization, obtain a special permit pursuant to subsection 1 before driving or moving the vehicle or combination of vehicles to or from the site of the emergency.
3. This section does not apply to fire apparatus, highway machinery [,] or snowplows or to a farm tractor or other implement of husbandry temporarily moved upon a highway.”.
Amend the title of the bill by deleting the fifth line and inserting: “circumstances; authorizing the department of transportation or a local law enforcement agency to allow a person to drive or move certain vehicles or combinations of vehicles to and from the site of an emergency without a special permit under certain circumstances; requiring the department to integrate the”.
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. 399.
Bill read second time.
The following amendment was proposed by the Committee on Human Resources and Facilities:
Amendment No. 539.
Amend the bill as a whole by deleting sections 2 through 6 and inserting:
“Secs. 2-6. (Deleted by amendment.)”.
Amend the bill as a whole by deleting sec. 8 and inserting:
“Sec. 8. (Deleted by amendment.)”.
Amend the bill as a whole by deleting sections 10 through 29 and inserting:
“Secs. 10-29. (Deleted by amendment.)”.
Amend the bill as a whole by deleting sections 32 through 35 and inserting:
“Secs. 32-35. (Deleted by amendment.)”.
Amend the bill as a whole by deleting sections 37 through 39 and inserting:
“Secs. 37-39. (Deleted by amendment.)”.
Amend the bill as a whole by deleting sec. 41 and the text of the repealed section and inserting:
“Sec. 41. (Deleted by amendment.)”.
Amend sec. 42, page 34, by deleting lines 3 through 7 and inserting:
“Sec. 42. This act becomes effective on July 1, 2001.”.
Amend the title of the bill to read as follows:
“AN ACT relating to education; prohibiting boards of trustees of school districts and employees of school districts from soliciting or accepting gifts or money from a committee to form a charter school and the governing body, officers or employees of a charter school; revising provisions relating to the employment of teachers of a charter school; revising other provisions relating to charter schools; providing a penalty; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Revises provisions governing charter schools. (BDR 34‑859)”.
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. 418.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 516.
Amend section 1, page 2, by deleting lines 14 through 16 and inserting:
“(a) Independently verify the accuracy of a statement made by a source reasonably believed by the licensee to be reliable.”.
Amend sec. 2, page 2, line 32, by deleting “645.343.” and inserting: “645.343 and 645.345.”.
Amend sec 4, page 3, by deleting lines 11 through 13 and inserting:
“3. A real estate broker, broker-salesman or salesman shall renew his license with the division within 1 year”.
Amend the bill as a whole by adding a new section designated sec. 8, following sec. 7, to read as follows:
“Sec. 8. 1. This section and sections 1, 2, 3, 5, 6 and 7 of this act become effective on October 1, 2001.
2. Section 4 of this act becomes effective on July 1, 2002.”.
Senator Carlton moved the adoption of the amendment.
Remarks by Senator Carlton.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 482.
Bill read second time.
The following amendment was proposed by the Committee on Human Resources and Facilities:
Amendment No. 367.
Amend section 1, page 1, line 2, by deleting “10,” and inserting “12,”.
Amend sec. 2, page 1, line 3, by deleting “10,” and inserting “12,”.
Amend sec. 2, page 1, lines 4 and 5, by deleting: “3, 4 and 5” and inserting: “3 to 7, inclusive,”.
Amend the bill as a whole by renumbering sections 4 through 18 as sections 6 through 20 and adding new sections designated sections 4 and 5, following sec. 3, to read as follows:
“Sec. 4. “Scooter” means a tandem or in-line set of wheels mounted on a board or frame with a steering handle which is not propelled by a motor.
Sec. 5. “Skateboard” means a tandem or in-line set of wheels mounted on a board.”.
Amend sec. 4, page 1, by deleting line 11 and inserting: “are designated for use with a skateboard, roller skates, a bicycle or a scooter.”.
Amend sec. 6, page 2, line 8, by deleting “park;” and inserting: “park or on the surface of a skateboard park;”.
Amend sec. 7, page 2, by deleting lines 19 and 20 and inserting: “skaters, bicyclists and operators of scooters when entering any part of the skateboard park and when commencing to skateboard, roller skate, ride a bicycle or operate a scooter from a”.
Amend sec. 8, page 2, by deleting line 33 and inserting: “for use with a skateboard, roller skates, a bicycle or a scooter.”.
Amend sec. 9, page 2, by deleting line 37 and inserting: “skateboard, roller skate, ride a bicycle or operate a scooter while intoxicated or under the”.
Amend sec. 10, page 3, lines 5 and 8, by deleting “10,” and inserting “12,”.
Amend sec. 14, page 4, by deleting line 10 and inserting: “skateboarding, roller skating, bicycling or operating a scooter, if the facility was designed,”.
Amend sec. 15, page 4, line 16, by deleting “14” and inserting “16”.
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. 483.
Bill read second time.
The following amendment was proposed by the Committee on Human Resources and Facilities:
Amendment No. 365.
Amend section 1, page 1, by deleting line 6 and inserting:
“2. Operated by any of the medical facilities described in subsections 1 to 13, inclusive, of NRS 449.0151.”.
Amend sec. 5, page 3, line 30, after “inclusive.” by inserting: “For the purposes of this subsection, “building or premises” does not include a mobile unit that is operated by a medical facility which is accredited by the Joint Commission on Accreditation of Healthcare Organizations or the American Osteopathic Association.”.
Amend the bill as a whole by renumbering sec. 6 as sec. 7 and adding a new section designated sec. 6, following sec. 5, to read as follows:
“Sec. 6. NRS 449.235 is hereby amended to read as follows:
449.235 [Every]
1. Except as otherwise provided in subsection 2, every medical facility or facility for the dependent may be inspected at any time, with or without notice, as often as is necessary by:
[1.] (a) The health division to [assure that there is] ensure compliance with all applicable regulations and standards; and
[2.] (b) Any person designated by the aging services division of the department of human resources to investigate complaints made against the facility.
2. The provisions of subsection 1 do not authorize the health division to inspect a mobile unit that is operated by a medical facility which is accredited by the Joint Commission on Accreditation of Healthcare Organizations or the American Osteopathic Association, unless the health division has reasonable cause to believe that the mobile unit has violated any provision of NRS 449.001 to 449.240, inclusive, or any regulation or standard adopted pursuant thereto.”.
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. 521.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 570.
Amend sec. 2, page 2, after line 31, by inserting:
“6. A driver of an emergency vehicle who operates the vehicle’s warning lamps without sounding the siren shall be deemed to have adequately warned pedestrians and other drivers of his approach for the purpose of determining whether the driver met the duty to drive with due regard for the safety of all persons pursuant to NRS 484.261.”.
Amend the title of the bill, third line, after “siren;” by inserting: “providing that a driver of an emergency vehicle who operates the vehicle’s warning lamps without sounding the siren shall be deemed to have adequately warned pedestrians and other drivers of his approach;”.
Senator O'Donnell moved the adoption of the amendment.
Remarks by Senators O'Donnell and Neal.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 528.
Bill read second time.
The following amendment was proposed by the Committee on Taxation:
Amendment No. 290.
Amend section 1, page 1, by deleting lines 3 through 7 and inserting:
“1. In administering the provisions of NRS 372.325, the department shall apply the exemption to the sale of a medical device to a governmental entity that is exempt pursuant to that section without regard to whether the person using the medical device or the governmental entity that purchased the device is deemed to be the holder of title to the device if:
(a) The medical device was ordered or prescribed by a provider of health care, within his scope of practice, for use by the person to whom it is provided;
(b) The medical device is covered by Medicaid or Medicare; and
(c) The purchase of the medical device is made pursuant to a contract between the governmental entity that purchases the medical device and the person who sells the medical device to the governmental entity.
2. As used in this section:
(a) “Medicaid” means the program established pursuant to Title XIX of the Social Security Act, 42 U.S.C. §§ 1396 et seq., to provide assistance for part or all of the cost of medical care rendered on behalf of indigent persons.
(b) “Medicare” means the program of health insurance for aged and disabled persons established pursuant to Title XVIII of the Social Security Act, 42 U.S.C. §§ 1395 et seq.
(c) “Provider of health care” means a physician licensed pursuant to chapter 630, 630A or 633 of NRS, dentist, licensed nurse, dispensing optician, optometrist, practitioner of respiratory care, registered physical therapist, podiatric physician, licensed psychologist, licensed audiologist, licensed speech pathologist, licensed hearing aid specialist, licensed marriage and family therapist, chiropractor or doctor of Oriental medicine in any form.”.
Amend section 1, page 1, by deleting lines 10 through 14 and inserting:
“1. In administering the provisions of NRS 374.330, the department shall apply the exemption to the sale of a medical device to a governmental entity that is exempt pursuant to that section without regard to whether the person using the medical device or the governmental entity that purchased the device is deemed to be the holder of title to the device if:
(a) The medical device was ordered or prescribed by a provider of health care, within his scope of practice, for use by the person to whom it is provided;
(b) The medical device is covered by Medicaid or Medicare; and
(c) The purchase of the medical device is made pursuant to a contract between the governmental entity that purchases the medical device and the person who sells the medical device to the governmental entity.
2. As used in this section:
(a) “Medicaid” means the program established pursuant to Title XIX of the Social Security Act, 42 U.S.C. §§ 1396 et seq., to provide assistance for part or all of the cost of medical care rendered on behalf of indigent persons.
(b) “Medicare” means the program of health insurance for aged and disabled persons established pursuant to Title XVIII of the Social Security Act, 42 U.S.C. §§ 1395 et seq.
(c) “Provider of health care” means a physician licensed pursuant to chapter 630, 630A or 633 of NRS, dentist, licensed nurse, dispensing optician, optometrist, practitioner of respiratory care, registered physical therapist, podiatric physician, licensed psychologist, licensed audiologist, licensed speech pathologist, licensed hearing aid specialist, licensed marriage and family therapist, chiropractor or doctor of Oriental medicine in any form.”.
Senator McGinness moved the adoption of the amendment.
Remarks by Senator McGinness.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senator Neal moved that the Senate recess subject to the call of the Chair.
Motion carried.
Senate in recess at 11:50 a.m.
SENATE IN SESSION
At 11:53 a.m.
President Hunt presiding.
Quorum present.
REMARKS FROM THE FLOOR
Remarks by Senators Neal, O'Donnell and Rawson.
Senator Neal requested that the following remarks be entered in the Journal.
Senator Neal:
Madam President, yesterday I put an amendment on the desk that was supposed to be dealt with in this particular bill. Somehow, it has gotten misplaced. I think any Senator has a right to propose amendments to legislation. A Senator is supposed to come down here and give the amendment to the Front Desk, and the Desk is supposed to print those up. I do not think the Desk has the right to hold any amendment to any bill because someone happens to be in the majority or in the minority. Each individual Senator has the right to propose an amendment to any piece of legislation that comes on this floor, whether it is second reading or third reading. Now, yesterday, I gave a copy of the amendment that I wanted for this bill put on the desk to the Secretary of the Senate. The Secretary claimed she did not receive it. I want that put into the record. I know that I dropped the amendment off. I do not know what happened to it. We did propose an amendment to this bill.
Senator O'Donnell:
I would rise and concur with that. If there is an amendment that has been misplaced that is one thing, but the argument should be made that any Senator should be able to put forth an amendment on this floor and have it considered by this body as long as it has followed the rules and requests by the committee. I will defend the actions of my colleague from southern Nevada, however, on occasion we have disagreed when he is wrong, but in this case he is right.
Senator Rawson:
It seems that by our procedure on Second Reading that we always take the amendment offered by a committee first and then it is appropriate to refer any other amendments until after the reprinting unless there was a special motion made to forego the reprinting. That is why just as a matter of course we usually see the amendments the next day on Third Reading. I am not suggesting that they cannot be done on Second Reading, it just seems to me that the convention has been that we listen to the committee amendments first. That is always the way I have seen it.
Senator Neal:
No one is objecting to that procedure. I have been here for going on 30 years, and I know about the process. I go to Legal. I ask them for an amendment. They draw up an amendment according to what the amendments are on the bill. If there is a conflict, they note that. If it is not an amendment that is in conflict, you can put it on at the same time. This amendment, I think, did not conflict with the bill. We will leave it at that.
SECOND READING AND AMENDMENT
Senate Bill No. 530.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 479.
Amend sec. 2, page 2, line 27, before “Each” by inserting “1.”.
Amend sec. 2, page 2, between lines 31 and 32, by inserting:
“2. Each regional agency and state agency that is located in whole or in part within the region shall, to the extent practicable, ensure that all its master plans, facilities plans and other similar plans and decisions pertaining to the use of land are consistent with:
(a) The comprehensive regional policy plan developed and adopted by the regional planning coalition pursuant to NRS 278.02528; and
(b) The master plans, facilities plans and other similar plans of a city or county which have been certified by the regional planning coalition pursuant to subsection 4 of NRS 278.02577 as being in substantial conformance with the comprehensive regional policy plan.”.
Amend the title of the bill, third line, after “utility;” by inserting: “requiring certain regional and state agencies to ensure, to the extent practicable, that certain of their plans and land use decisions are consistent with certain other regional and local plans;”.
Senator Porter moved the adoption of the amendment.
Remarks by Senator Porter.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 568.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 472.
Amend section 1, page 1, by deleting lines 13 through 16 and inserting:
“3. Each county shall deposit in the fund an amount, as determined by the risk management division and the attorney general, for potential liability, costs of defense and administrative expenses for employees of a court or employees found by a court to be state employees, unless the county enters into a written agreement to:
(a) Hold the state harmless and assume liability and costs of defense for employees of a court or employees found by a court to be state employees; or
(b) Reimburse the state for any liability and costs of defense for employees of a court or employees found by a court to be state employees.”.
Amend section 1, page 2, by deleting lines 3 through 5.
Amend the title of the bill to read as follows:
“AN ACT relating to tort claims; allowing the risk management division of the department of administration and the attorney general to assess counties for certain tort claims under certain circumstances; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Allows risk management division of department of administration and attorney general to assess counties for certain tort claims under certain circumstances. (BDR 27-1447)”.
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. 48.
Bill read third time.
Roll call on Senate Bill No. 48:
Yeas—21.
Nays—None.
Senate Bill No. 48 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 119.
Bill read third time.
Roll call on Senate Bill No. 119:
Yeas—21.
Nays—None.
Senate Bill No. 119 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 127.
Bill read third time.
Remarks by Senators Titus, Rawson and Coffin.
Senator Coffin requested that the following remarks be entered in the Journal.
Senator Titus:
Thank you, Madam President. I oppose Senate Bill No. 127 because I see it as another backdoor attempt to undermine class–size reduction which is a long standing policy first established and promoted by this Legislature and now touted across the country and in our nation's capital as a way to increase student-teacher contact and improve quality of education. The Legislature has shown a willingness to accommodate “flexibility.” Last session, we allowed schools to be flexible with 3rd–grade class size, and we approved a flexible Elko pilot project. This bill, however, allows school districts to simply go to 22 to 1 without evaluation by the Legislature. Once again, as this body has done so often this session, we will be giving up oversight. It is our responsibility to evaluate such major policy changes; we should not shift that to the State School Board of Examiners or limiting it to only one Interim Finance Committee.
Senator Rawson:
Thank you, Madam President, I should make some remarks on this because of the concern that has been expressed. This measure does allow school districts to carry out demonstration projects to improve student performance and to eliminate team-teaching in place of complying with the requirements of the class–size reduction program.
In the demonstration projects, pupil-teacher ratios in kindergarten through grade five, would have to be maintained at 22:1 which is, incidentally, within a point of what the new federal guidelines are at this time. Districts, that wish to pursue such a proposal, must first submit a written plan to the State Board of Education. The plan must then be reviewed by the State Board of Examiners, the Governor and other constitutional officers and approved by the Interim Finance Committee. Any demonstration program approved under this measure must also submit an evaluation of the effectiveness of the program in improving pupil achievement and make reports to the Legislative Committee on Education and the Director of the Legislative Counsel Bureau prior to the 2003 session.
Finally, the bill does continue the Elko County School District Pilot Program for another two years. You can see, in this, that it is an attempt to try to get at some of the issues that class size, in itself, has not taken care of.
Through the evaluation reports, we may actually develop something that is better than what we have in place now. I have to say that as one of the original writers of the class–size reduction program and a strong advocate of protecting it over these years, that this is a prudent course for us to take and be able to keep control of this and watch it carefully.
Senator Coffin:
Thank you, Madam President. Like Senator Rawson, I have also always been a strong supporter of class–size reduction from the beginning. I did not see it in the amendment yesterday, and now, in reviewing the bill, I still do not see it. I had hoped that the Senator could reassure me that there is a limit of some type on the number of schools that could become part of these demonstration projects. Does it not seem open-ended? I will allay my fear on that; correct me if I’m wrong.
Senator Rawson:
This issue, basically, can be illustrated. If Clark County School District filed for and the federal government approved a demonstration project, 80 percent of the children in the State would be affected by it. In a way, you can say, if it is limited to one district, it still has a profound effect. It would be imprudent for us to approve anything that would change that class size to worse than 22:1 because at that point we would lose federal funding. The State Board of Education has essentially been given this direction, “They won’t be approving something in enough districts that will change the ratio beyond this 22:1 in the State.” If Clark County came in with a plan that was a radical departure from class–size reduction, it could not be allowed because it would destroy the 22:1 ratio. There are some safeguards in it. There is room for further investigation and further experimentation on a plan that, ultimately, may be the plan we really want to live with.
Senator Coffin:
Thank you, Madam President. My question to the distinguished Senator from District 6 is this, does there appear to be no limit of schools in a district? What would be a demonstration project for Clark County since that is the largest district we have? I do share some concerns along with Senator Titus about the ability of the Interim Finance Committee to monitor what the State Board of Education does because we rush though our meetings rather quickly. If you could give me some comfort on the number of schools that some people have in mind then it might be helpful to know. We already have a lot of experimental projects launched in Clark County as it is with the privatizing of six schools under the Edison Company.
Senator Rawson:
Thank you, Madam President. Unlike Elko County, that asked for a demonstration project on their whole district, Clark County testified that they do have some schools that are in need and that if they had flexibility within the district, they could actually put better resources to the children who are not performing well on the tests. It is my understanding that if Clark County were to make a proposal, it would be for a limited number of schools. I think there are less than a dozen schools that have been identified as schools needing improvement. There are twice that number of schools in Clark County that are listed as higher–risk schools, but it is my understanding that anything they would present would be of a limited nature, not for the full district.
Roll call on Senate Bill No. 127:
Yeas—17.
Nays—Care, Carlton, Neal, Titus—4.
Senate Bill No. 127 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 163.
Bill read third time.
Roll call on Senate Bill No. 163:
Yeas—21.
Nays—None.
Senate Bill No. 163 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 165.
Bill read third time.
Remarks by Senators Rawson and Neal.
Roll call on Senate Bill No. 165:
Yeas—21.
Nays—None.
Senate Bill No. 165 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 242.
Bill read third time.
Roll call on Senate Bill No. 242:
Yeas—21.
Nays—None.
Senate Bill No. 242 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 264.
Bill read third time.
Remarks by Senators O'Donnell and Titus.
Roll call on Senate Bill No. 264:
Yeas—21.
Nays—None.
Senate Bill No. 264 having received a two-thirds majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 265.
Bill read third time.
Roll call on Senate Bill No. 265:
Yeas—19.
Nays—Carlton, Rhoads—2.
Senate Bill No. 265 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 301.
Bill read third time.
Senator Townsend moved that the bill be moved to the bottom of the General File on the second agenda.
Remarks by Senator Townsend.
Motion carried.
Senate Bill No. 397.
Bill read third time.
Remarks by Senator Rawson.
Roll call on Senate Bill No. 397:
Yeas—21.
Nays—None.
Senate Bill No. 397 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 409.
Bill read third time.
Roll call on Senate Bill No. 409:
Yeas—21.
Nays—None.
Senate Bill No. 409 having received a two-thirds majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 414.
Bill read third time.
Roll call on Senate Bill No. 414:
Yeas—21.
Nays—None.
Senate Bill No. 414 having received a two-thirds majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 466.
Bill read third time.
Roll call on Senate Bill No. 466:
Yeas—21.
Nays—None.
Senate Bill No. 466 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 471.
Bill read third time.
Roll call on Senate Bill No. 471:
Yeas—12.
Nays—Carlton, Mathews, Neal, O'Connell, Raggio, Schneider, Titus, Townsend, Wiener—9.
Senate Bill No. 471 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 484.
Bill read third time.
Roll call on Senate Bill No. 484:
Yeas—21.
Nays—None.
Senate Bill No. 484 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 487.
Bill read third time.
Roll call on Senate Bill No. 487:
Yeas—17.
Nays—Care, Carlton, Neal, Wiener—4.
Senate Bill No. 487 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No 488.
Bill read third time.
Remarks by Senators James, O'Donnell, Townsend, O'Connell, Titus and Rawson.
Senator O'Connell moved that Senate Bill No. 488 be taken from the General File and placed on the General File for the next legislative day.
Remarks by Senator O'Connell.
Motion carried.
Senate Bill No. 519.
Bill read third time.
Roll call on Senate Bill No. 519:
Yeas—21.
Nays—None.
Senate Bill No. 519 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 522.
Bill read third time.
Roll call on Senate Bill No. 522:
Yeas—21.
Nays—None.
Senate Bill No. 522 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 524.
Bill read third time.
Roll call on Senate Bill No. 524:
Yeas—21.
Nays—None.
Senate Bill No. 524 having received a two-thirds majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 533.
Bill read third time.
Roll call on Senate Bill No. 533:
Yeas—21.
Nays—None.
Senate Bill No. 533 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 536.
Bill read third time.
Remarks by Senators Titus and James.
Roll call on Senate Bill No. 536:
Yeas—21.
Nays—None.
Senate Bill No. 536 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 544.
Bill read third time.
Roll call on Senate Bill No. 544:
Yeas—21.
Nays—None.
Senate Bill No. 544 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 546.
Bill read third time.
Roll call on Senate Bill No. 546:
Yeas—21.
Nays—None.
Senate Bill No. 546 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 548.
Bill read third time.
Roll call on Senate Bill No. 548:
Yeas—21.
Nays—None.
Senate Bill No. 548 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 556.
Bill read third time.
Roll call on Senate Bill No. 556:
Yeas—20.
Nays—Neal.
Senate Bill No. 556 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 561.
Bill read third time.
Roll call on Senate Bill No. 561:
Yeas—21.
Nays—None.
Senate Bill No. 561 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 566.
Bill read third time.
Roll call on Senate Bill No. 566:
Yeas—21.
Nays—None.
Senate Bill No. 566 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
REPORTS OF COMMITTEES
Madam President:
Your Committee on Finance, to which was referred Senate Bill No. 250, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
William J. Raggio, Chairman
Madam President:
Your Committee on Judiciary, to which were referred Senate Bills Nos. 101, 194, 261, 356, 419, 551; Assembly Bill No. 162, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Mark A. James, Chairman
Senator Raggio moved that the Senate recess subject to the call of the Chair.
Motion carried.
Senate in recess at 12:57 p.m.
SENATE IN SESSION
At 1:02 p.m.
President Hunt presiding.
Quorum present.
SECOND READING AND AMENDMENT
Senate Bill No. 101.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 342.
Amend the bill as a whole by deleting section 1, renumbering sec. 2 as sec. 6 and adding new sections designated sections 1 through 5, following the enacting clause, to read as follows:
“Section 1. Chapter 463 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. “Senior citizens’ facility” means:
1. A bona fide senior citizens’ center that is not operated for profit and provides social or recreational activities for senior citizens; or
2. A facility for hospice
care, a facility for intermediate care, a facility for skilled nursing, a
facility for the care of adults during the day or a residential facility for
groups, as defined and licensed pursuant to chapter 449 of NRS, that provides
social or recreational activities for the residents or patients of the
facility.
Sec. 3. A senior citizens’ facility may operate a bingo game without obtaining a license pursuant to NRS 463.160 if:
1. It complies with all the requirements applicable to qualified organizations that conduct charitable bingo games pursuant to the provisions of NRS 463.4094 to 463.4096, inclusive; and
2. No person makes money for operating the game, except as a player.
Sec. 4. NRS 463.4091 is hereby amended to read as follows:
463.4091 As used in NRS 463.4091 to 463.40965, inclusive, and sections 2 and 3 of this act, unless the context otherwise requires, the words and terms defined in NRS 463.40915 to 463.4093, inclusive, and section 2 of this act, have the meanings ascribed to them in those sections.
Sec. 5. NRS 463.4096 is hereby amended to read as follows:
463.4096 A qualified organization shall not:
1. Compensate any person for the provision of prizes and supplies used in the operation of charitable bingo in an amount that exceeds the fair market value of the prizes and supplies necessary for the operation of charitable bingo.
2. Provide:
(a) Any compensation to a person who is not a regular employee of the organization; [and] or
(b) Any additional compensation to a person who is a regular employee of the organization, for his services in organizing or operating charitable bingo or assisting in the organization or operation of charitable bingo. This subsection does not prohibit a qualified organization from compensating a person for the fair market value of services that are ancillary to the organization or operation of charitable bingo.
3. Allow a person less than 21 years of age to participate in a charitable bingo game conducted pursuant to NRS 463.4091 to 463.40965, inclusive, and sections 2 and 3 of this act.”.
Amend the title of the bill to read as follows:
“AN ACT relating to gaming; authorizing certain facilities for senior citizens to conduct bingo games under certain circumstances; prohibiting certain organizations that conduct bingo games from allowing persons less than 21 years of age to participate; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Authorizes certain facilities for senior citizens to conduct bingo games under certain circumstances. (BDR 41-330)”.
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. 168.
Bill read second time.
The following amendment was proposed by the Committee on Human Resources and Facilities:
Amendment No. 408.
Amend the bill as a whole by deleting sections 1 through 11 and adding new sections designated sections 1 through 18, following the enacting clause, to read as follows:
“Section 1. NRS 386.595 is hereby amended to read as follows:
386.595 1. Except as otherwise provided in this subsection and subsections 2 and 3, the provisions of the collective bargaining agreement entered into by the board of trustees of the school district in which the charter school is located apply to the terms and conditions of employment of employees of the charter school. If a written charter is renewed, the employees of the charter school may, at the time of renewal, apply for recognition as a bargaining unit pursuant to NRS 288.160.
2. A charter school is exempt from the specific provisions of the collective bargaining agreement that controls the:
(a) Periods of preparation time for teachers, provided that the charter school allows at least the same amount of time for preparation as the school district;
(b) Times of day that a teacher may work;
(c) Number of hours that a teacher may work in 1 day;
(d) Number of hours and days that a teacher may work in 1 week; and
(e) Number of hours and days that a teacher may work in 1 year.
If a teacher works more than the number of hours or days prescribed in the collective bargaining agreement, the teacher must be compensated for the additional hours or days in an amount calculated by prorating the salary for the teacher that is set forth in the collective bargaining agreement.
3. A teacher or a governing body of a charter school may request that the board of trustees of the school district and other persons who entered into the collective bargaining agreement grant a waiver from specific provisions of the collective bargaining agreement for the teacher or governing body.
4. All employees of a charter school shall be deemed public employees.
5. The governing body of a charter school may make all employment decisions with regard to its employees pursuant to NRS 391.311 to 391.3197, inclusive, unless the applicable collective bargaining agreement contains separate provisions relating to the discipline of licensed employees of a school.
6. If the written charter of a charter school is revoked, the employees of the charter school must be reassigned to employment within the school district in accordance with the collective bargaining agreement.
7. The board of trustees of a school district that is a sponsor of a charter school shall grant a leave of absence, not to exceed 6 years, to any employee who is employed by the board of trustees who requests such a leave of absence to accept employment with the charter school. After the first school year in which an employee is on a leave of absence, he may return to his former teaching position with the board of trustees. After the third school year, an employee who is on a leave of absence may submit a written request to the board of trustees to return to a comparable teaching position with the board of trustees. After the sixth school year, an employee shall either submit a written request to return to a comparable teaching position or resign from the position for which his leave was granted. The board of trustees shall grant a written request to return to a comparable position pursuant to this subsection even if the return of the employee requires the board of trustees to reduce the existing work force of the school district. The board of trustees may require that a request to return to a teaching position submitted pursuant to this subsection be submitted at least 90 days before the employee would otherwise be required to report to duty.
8. An employee who is on a leave of absence from a school district pursuant to this section shall contribute to and be eligible for all benefits for which he would otherwise be entitled, including, without limitation, participation in the public employees’ retirement system and accrual of time for the purposes of leave and retirement. The time during which such an employee is on leave of absence and employed in a charter school does not count toward the acquisition of permanent status with the school district.
9. Upon the return of a teacher to employment in the school district, [he] the teacher is entitled to the same [level] :
(a) Level of retirement, salary and any other benefits to which he would otherwise be entitled if he had not taken a leave of absence to teach in a charter school.
(b) Classification, as set forth in section 6 of this act, that he held at the time he took the leave of absence if his classification is valid on the date of his return to the school district.
10. An employee of a charter school who is not on a leave of absence from a school district is eligible for all benefits for which he would be eligible for employment in a public school, including, without limitation, participation in the public employees’ retirement system.
11. For all employees of a charter school:
(a) The compensation that a teacher or other school employee would have received if he were employed by the school district must be used to determine the appropriate levels of contribution required of the employee and employer for purposes of the public employees’ retirement system.
(b) The compensation that is paid to a teacher or other school employee that exceeds the compensation that he would have received if he were employed by the school district must not be included for the purposes of calculating future retirement benefits of the employee.
12. If the board of trustees of a school district in which a charter school is located manages a plan of group insurance for its employees, the governing body of the charter school may negotiate with the board of trustees to participate in the same plan of group insurance that the board of trustees offers to its employees. If the employees of the charter school participate in the plan of group insurance managed by the board of trustees, the governing body of the charter school shall:
(a) Ensure that the premiums for that insurance are paid to the board of trustees; and
(b) Provide, upon the request of the board of trustees, all information that is necessary for the board of trustees to provide the group insurance to the employees of the charter school.
Sec. 2. NRS 387.303 is hereby amended to read as follows:
387.303 1. Not later than November 10 of each year, the board of trustees of each school district shall submit to the superintendent of public instruction and the department of taxation a report which includes the following information:
(a) For each fund within the school district, including, without limitation, the school district’s general fund and any special revenue fund which receives state money, the total number and salaries of licensed and nonlicensed persons whose salaries are paid from the fund and who are employed by the school district in full-time positions or in part-time positions added together to represent full-time positions. Information must be provided for the current school year based upon the school district’s final budget, including any amendments and augmentations thereto, and for the preceding school year. An employee must be categorized as filling an instructional, administrative, instructional support or other position.
(b) The count of pupils computed pursuant to paragraph (a) of subsection 1 of NRS 387.1233.
(c) The average daily attendance for the preceding school year and the estimated average daily attendance for the current school year of part-time pupils enrolled in courses which are approved by the department as meeting the requirements for an adult to earn a high school diploma.
(d) The school district’s actual expenditures in the fiscal year immediately preceding the report.
(e) The school district’s proposed expenditures for the current fiscal year.
(f) The schedule of salaries for licensed employees in the current school year and a statement of whether the negotiations regarding salaries for the current school year have been completed. If the negotiations have not been completed at the time the schedule of salaries is submitted, the board of trustees shall submit a supplemental report to the superintendent of public instruction upon completion of negotiations or the determination of an arbitrator concerning the negotiations that includes the schedule of salaries agreed to or required by the arbitrator.
(g) The number of teachers who received an increase in salary pursuant to [subsection 2 of] NRS 391.160 for the current and preceding fiscal years.
(h) The number of employees eligible for health insurance within the school district for the current and preceding fiscal years and the amount paid for health insurance for each such employee during those years.
(i) The rates for fringe benefits, excluding health insurance, paid by the school district for its licensed employees in the preceding and current fiscal years.
(j) The amount paid for extra duties, supervision of extracurricular activities and supplemental pay and the number of employees receiving that pay in the preceding and current fiscal years.
2. On or before November 25 of each year, the superintendent of public instruction shall submit to the department of administration and the fiscal analysis division of the legislative counsel bureau, in a format approved by the director of the department of administration, a compilation of the reports made by each school district pursuant to subsection 1.
3. The superintendent of public instruction shall, in the compilation required by subsection 2, reconcile the revenues and expenditures of the school districts with the apportionment received by those districts from the state distributive school account for the preceding year.
Sec. 3. Chapter 391 of NRS is hereby amended by adding thereto the provisions set forth as sections 4 to 8, inclusive, of this act.
Sec. 4. 1. The commission shall adopt regulations prescribing the minimum objective criteria and qualifications pursuant to which a person who is employed by the board of trustees of a school district may be classified as a:
(a) Mentor teacher; or
(b) Master teacher.
2. The regulations adopted pursuant to subsection 1 must include, without limitation:
(a) The measurements to assess the knowledge and skills of a:
(1) Senior teacher to determine whether he is qualified to be a mentor teacher; and
(2) Mentor teacher to determine whether he is qualified to be a master teacher;
(b) The term for which each classification is valid; and
(c) The criteria and qualifications for the renewal of a classification, including, without limitation, any requirements for continuing education, demonstration of instructional skills and, if applicable, demonstration of leadership skills.
3. In addition to the regulations adopted pursuant to subsection 1, the commission shall adopt regulations prescribing the measurements that must be used to assess the knowledge and skills of a senior teacher to determine whether he qualifies to receive an increase in salary pursuant to subsection 2 of NRS 391.160.
Sec. 5. 1. The board of trustees of each school district shall establish a local committee on professional standards consisting of an equal number of members who represent administrators and teachers. The board of trustees shall appoint the members who represent the administrators, and the recognized employee organization for the teachers of the school district shall appoint the members who represent the teachers.
2. Except as otherwise provided in subsection 3, each local committee on professional standards shall prescribe objective criteria and qualifications that are in addition to the minimum criteria and qualifications prescribed by the commission pursuant to section 4 of this act for a person who is employed by the school district to be eligible to be classified as a:
(a) Mentor teacher; or
(b) Master teacher.
The criteria and qualifications prescribed by the local committee must be consistent with and in addition to the minimum criteria and qualifications prescribed by the commission pursuant to section 4 of this act.
3. A local committee may determine, subject to future revision, that the minimum criteria and qualifications prescribed by the commission are sufficient for use by the school district without prescribing additional criteria or qualifications. Upon making such a determination, the local committee shall notify the commission of the determination.
4. Except as otherwise provided in subsection 3, each local committee shall submit its proposed objective criteria and qualifications to the commission for review and approval. The commission shall disapprove the proposed criteria and qualifications if it determines that the criteria and qualifications do not satisfy the minimum criteria and qualifications prescribed by the commission pursuant to section 4 of this act. The criteria and qualifications submitted by a local committee shall be deemed approved if the commission does not disapprove the criteria and qualifications within 90 days after they are submitted to the commission. Any revisions or amendments to the criteria and qualifications prescribed by a local committee must be submitted for review by the commission pursuant to this subsection, including the date the revisions or amendments are proposed to become effective.
5. In addition to the criteria and qualifications prescribed by the local committee pursuant to subsection 2, each local committee shall prescribe additional duties that a:
(a) Mentor teacher must be assigned in order to be eligible to receive an increase in salary pursuant to paragraph (b) of subsection 3 of NRS 391.160.
(b) Master teacher must be assigned in order to be eligible to receive an increase in salary pursuant to paragraph (b) of subsection 4 of NRS 391.160.
6. Each local committee shall submit an annual written report to the commission that describes the additional duties prescribed by the local committee pursuant to subsection 5.
Sec. 6. 1. Each teacher who is a probationary employee of a school district or charter school shall be deemed to be classified as a teacher.
2. If a teacher successfully completes his probationary period of employment with the board of trustees of a school district or the governing body of a charter school, he shall be deemed to be classified as a senior teacher.
3. On or before November 1, a person who is classified as a:
(a) Senior teacher and who is employed by the board of trustees of a school district may submit an application to the local committee on professional standards created by the board of trustees pursuant to section 5 of this act to be reclassified as a mentor teacher. A senior teacher must have at least 5 years of teaching experience before he may submit an application pursuant to this paragraph.
(b) Mentor teacher and who is employed by the board of trustees of a school district may submit an application to the local committee on professional standards created by the board of trustees pursuant to section 5 of this act to be reclassified as a master teacher. A mentor teacher must have at least 6 years of teaching experience before he may submit an application pursuant to this paragraph.
4. On or before January 1 immediately following the date of application for reclassification, the local committee on professional standards shall review each application submitted pursuant to subsection 3 to determine whether it satisfies the criteria and qualifications established by the local committee pursuant to section 5 of this act. If the local committee determines that an application satisfies its criteria and qualifications, the committee shall transmit the application and a letter of approval to the commission. On or before January 15 immediately following the date of application, the local committee shall transmit all applications so approved.
5. On or before March 1 immediately following the date of application for reclassification, the commission shall review each application that it receives pursuant to subsection 4 to determine whether the application satisfies the minimum objective criteria and qualifications prescribed pursuant to section 4 of this act. If the commission approves an application, the committee shall provide written notice on or before April 1 to the board of trustees of the school district in which the applicant is employed and the local committee on professional standards to whom the application was initially submitted.
6. If an application is approved by the commission, the board of trustees of the school district in which the applicant is employed shall:
(a) Reclassify the person as a mentor teacher or master teacher, as applicable; and
(b) Pay the person an augmented salary pursuant to subsection 3 or 4 of NRS 391.160, as applicable, commencing with the school year immediately succeeding the school year in which the application for reclassification was approved.
7. A person who has been classified by the board of trustees of a school district pursuant to this section as a mentor teacher or a master teacher maintains that classification until the classification lapses for nonrenewal or the person does not otherwise satisfy the requirements for renewal. Each school district in this state shall recognize a classification as a mentor teacher or a master teacher that is made in accordance with this section regardless of which school district made the classification.
8. A classification as a mentor teacher or a master teacher is valid for the period prescribed by the commission pursuant to section 4 of this act. To renew such a classification, a person must submit an application for renewal directly to the commission in a format and within the time prescribed by the commission. The application must be accompanied by evidence that the applicant has satisfied each requirement for the renewal of the classification.
Sec. 7. 1. The board of trustees of a school district may accept gifts, grants and donations to carry out the requirements of sections 4 to 8, inclusive, of this act and to pay the augmented salaries required by subsections 2, 3 and 4 of NRS 391.160.
Sec. 8. 1. The commission shall submit to the legislative committee on education created pursuant to NRS 218.5352 a written report that describes the progress of the commission in carrying out its duties pursuant to sections 4 to 8, inclusive, of this act and an evaluation of the progress of each school district and each local committee on professional standards in carrying out the requirements of those sections. The written report must be submitted on a quarterly basis, or at such times as the chairman of the legislative committee on education requests.
2. The board of trustees of each school district, in consultation with the local committee on professional standards created by the board of trustees pursuant to section 5 of this act, shall submit to the legislative committee on education created pursuant to NRS 218.5352 a written report that describes the progress of the school district and the local committee in carrying out the requirements of sections 4 to 8, inclusive, of this act and NRS 391.160 as it relates to those sections. The written report must be submitted on a quarterly basis, or at such times as the chairman of the legislative committee on education requests.
Sec. 9. NRS 391.160 is hereby amended to read as follows:
391.160 1. The salaries of teachers and other employees must be determined by the character of the service required. A school district shall not discriminate between male and female employees in the matter of salary.
2. Each year when determining the salary of a person who is classified as a senior teacher and who has satisfied the measurements prescribed by the commission pursuant to subsection 3 of section 4 of this act, a school district shall increase the salary of the senior teacher by 1.05 times the salary he would otherwise receive in 1 year for his classification on the schedule of salaries for the school district if the senior teacher has submitted evidence that he satisfied the measurements. Once a senior teacher has submitted such evidence to the school district, the school district shall retain the evidence in its records, as applicable, for future school years. An increase in salary given in accordance with this subsection is in addition to the senior teacher’s classification on the schedule of salaries of the school district and any other increase to which the senior teacher may otherwise be entitled, including, without limitation, the increase required by subsection 5.
3. Each year when determining the salary of a person who is classified as a mentor teacher, a school district shall:
(a) Increase the salary of the mentor teacher by 1.15 times the salary that the mentor teacher would otherwise receive in 1 year if he were classified as a senior teacher; and
(b) If the mentor teacher is assigned to perform additional duties prescribed by the local committee on professional standards pursuant to section 5 of this act, increase the augmented salary of the teacher prescribed in paragraph (a) by $5,000 for each year that he is assigned to perform the additional duties.
An increase in salary given in accordance with this subsection is in addition to the mentor teacher’s classification on the schedule of salaries of the school district and any other increase to which the mentor teacher may otherwise be entitled, including, without limitation, the increase required by subsection 5.
4. Each year when determining the salary of a person who is classified as a master teacher, a school district shall:
(a) Increase the salary of the master teacher by 1.25 times the salary that the master teacher would otherwise receive in 1 year if he were classified as a senior teacher; and
(b) If the master teacher is assigned to perform additional duties prescribed by the local committee on professional standards pursuant to section 5 of this act, increase the augmented salary of the master teacher prescribed in paragraph (a) by $10,000 for each year that he is assigned to perform the additional duties.
An increase in salary given in accordance with this subsection is in addition to the master teacher’s classification on the schedule of salaries of the school district and any other increase to which the master teacher may otherwise be entitled, including, without limitation, the increase required by subsection 5.
5. Each year when determining the salary of a teacher who holds certification issued by the National Board for Professional Teaching Standards, a school district shall add 5 percent to the salary that the teacher would otherwise receive in 1 year for his classification on the schedule of salaries for the school district if:
(a) On or before September 15 of the school year, the teacher has submitted evidence satisfactory to the school district of his current certification; and
(b) The teacher is assigned by the school district to provide classroom instruction during that school year.
No increase in salary may be given during a particular school year to a teacher who submits evidence of certification after September 15 of that school year. Once a teacher has submitted evidence of such certification to the school district, the school district shall retain the evidence in its records, as applicable, for future school years. An increase in salary given in accordance with this subsection is in addition to any other increase to which the teacher may otherwise be entitled.
[3.] 6. In determining the salary of a licensed teacher who is employed by a school district after the teacher has been employed by another school district in this state, the present employer shall, except as otherwise provided in subsection [5:] 8:
(a) Give the teacher the same credit for previous teaching service as he was receiving from his former employer at the end of his former employment; [and]
(b) Give the teacher credit for his final year of service with his former employer, if credit for that service is not included in credit given pursuant to paragraph (a) [.] ; and
(c) Pay the teacher an increase in salary pursuant to subsection 3 or 4, as applicable, if the teacher received an augmented salary as a mentor teacher or master teacher with his former employer. The present employer shall pay the augmented salary for each year that the teacher maintains valid classification as a mentor teacher or a master teacher. This paragraph does not require a school district to pay a teacher an increase in salary pursuant to paragraph (b) of subsection 3 or paragraph (b) of subsection 4 if the teacher is not assigned additional duties as a mentor teacher or a master teacher with his present employer.
[4.] 7. A school district may give the credit required by subsection [3] 6 for previous teaching service earned in another state if the commission has approved the standards for licensing teachers of that state. The commission shall adopt regulations that establish the criteria by which the commission will consider the standards for licensing teachers of other states for the purposes of this subsection. The criteria may include, without limitation, whether the commission has authorized reciprocal licensure of educational personnel from the state under consideration.
[5.] 8. This section does not:
(a) Require a school district to allow a teacher more credit for previous teaching service than the maximum credit for teaching experience provided for in the schedule of salaries established by it for its licensed personnel.
(b) Permit a school district to deny a teacher credit for his previous teaching service on the ground that the service differs in kind from the teaching experience for which credit is otherwise given by the school district.
[6.] 9. As used in this section, “previous teaching service” means the total of:
(a) Any period of teaching service for which a teacher received credit from his former employer at the beginning of his former employment; and
(b) His period of teaching service in his former employment.
Sec. 10. NRS 391.3125 is hereby amended to read as follows:
391.3125 1. It is the intent of the legislature that a uniform system be developed for objective evaluation of teachers and other licensed personnel in each school district.
2. Each board, following consultation with and involvement of elected representatives of the teachers or their designees, shall develop a policy for objective evaluations in narrative form [.] , including, without limitation, objective evaluations for mentor teachers who perform the additional duties prescribed in subsection 5 of section 5 of this act and for master teachers who perform the additional duties prescribed in subsection 5 of section 5 of this act. The policy must set forth a means according to which an employee’s overall performance may be determined to be satisfactory or unsatisfactory. The policy may include an evaluation by the teacher, pupils, administrators or other teachers , or any combination thereof. In a similar manner, counselors, librarians and other licensed personnel must be evaluated on forms developed specifically for their respective specialties. A copy of the policy adopted by the board must be filed with the department. The primary purpose of an evaluation is to provide a format for constructive assistance. Evaluations, while not the sole criterion, must be used in the dismissal process.
3. A conference and a written evaluation for a probationary employee must be concluded no later than:
(a) December 1;
(b) February 1; and
(c) April 1, of each school year of the probationary period, except that a probationary employee assigned to a school that operates all year must be evaluated at least three times during each 12 months of employment on a schedule determined by the board.
4. Whenever an administrator charged with the evaluation of a probationary employee believes the employee will not be reemployed for the second year of the probationary period or the school year following the probationary period, he shall bring the matter to the employee’s attention in a written document which is separate from the evaluation no later than February 15 of the current school year. The notice must include the reasons for the potential decision not to reemploy or refer to the evaluation in which the reasons are stated. Such a notice is not required if the probationary employee has received a letter of admonition during the current school year.
5. Each postprobationary teacher must be evaluated at least once each year.
6. The evaluation of a probationary teacher or a postprobationary teacher must, if necessary, include recommendations for improvements in his performance. A reasonable effort must be made to assist the teacher to correct any deficiencies noted in the evaluation. The teacher must receive a copy of each evaluation not later than 15 days after the evaluation. A copy of the evaluation and the teacher’s response must be permanently attached to the teacher’s personnel file.
Sec. 11. 1. There is hereby appropriated from the state general fund to the legislative committee on education the sum of $100,000 to oversee, monitor and evaluate the progress of the commission on professional standards in education and the local committees on professional standards created pursuant to section 5 of this act in prescribing criteria and qualifications and otherwise carrying out the provisions of this act.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 12. 1. There is hereby appropriated from the state general fund to the interim finance committee the sum of $250,000 for distribution to school districts, upon the recommendation of the legislative committee on education, to carry out the provisions of this act.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 13. 1. In adopting regulations pursuant to section 4 of this act, the commission on professional standards in education shall consider the adoption of measurements for assessing the knowledge and skills of teachers which use a framework consisting of domains that include, without limitation, an assessment of:
(a) The teacher’s planning and preparation for classroom instruction;
(b) The classroom environment created by the teacher;
(c) The actual instruction provided by the teacher; and
(d) How the teacher carries out his professional responsibilities.
2. The commission on professional standards in education shall adopt regulations pursuant to section 4 of this act on or before January 1, 2002. As soon as is practicable after adopting the regulations, the commission on professional standards in education shall provide a copy of the regulations to the superintendent of public instruction.
3. The superintendent of public instruction shall, on or before February 1, 2002, provide to the board of trustees of each school district a memorandum that describes the regulations adopted by the commission on professional standards.
Sec. 14. 1. On or before November 1, 2001, the board of trustees of each school district shall establish a local committee on professional standards pursuant to section 5 of this act.
2. On or before April 1, 2002, each local committee on professional standards shall:
(a) Prescribe additional objective criteria and qualifications, in accordance with section 5 of this act, for a person who is employed by the school district to be classified as a mentor teacher or a master teacher; and
(b) Submit the proposed additional criteria and qualifications, if any, to the commission on professional standards in education in accordance with section 5 of this act.
3. The commission on professional standards in education shall review the proposed additional criteria and qualifications submitted pursuant to subsection 2 to determine whether the proposed criteria and qualifications are consistent with the minimum criteria and qualifications prescribed by the commission. The commission shall conduct the reviews in a timely manner to ensure that each school district will have its criteria and qualifications approved on or before September 1, 2002.
4. On or before June 1, 2002, each local committee on professional standards shall:
(a) Prescribe the additional duties pursuant to subsection 5 of section 5 of this act which may be assigned to a mentor teacher and a master teacher; and
(b) Submit a written summary of the additional duties to the commission on professional standards in education.
5. Each school district shall provide a copy of:
(a) The approved criteria and qualifications prescribed by the commission and the local committee on professional standards pursuant to subsections 2 and 3; and
(b) The list of additional duties prescribed by the local committee pursuant to subsection 4, to each public school in the district for posting on or before September 1, 2002.
Sec. 15. 1. The commission on professional standards in education shall submit its first quarterly report to the legislative committee on education pursuant to section 8 of this act on or before November 1, 2001.
2. The board of trustees of each school district shall submit its first quarterly report to the legislative committee on education pursuant to section 8 of this act on or before April 1, 2002.
Sec. 16. 1. A person may first apply for classification as a mentor teacher or a master teacher pursuant to section 6 of this act on November 1, 2002.
2. The board of trustees of each school district shall pay the augmented salaries required by the amendatory provisions of section 9 of this act commencing with the 2003-2004 school year.
Sec. 17. The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 18. 1. This section and sections 3, 4, 5, 7, 8, 11 to 15, inclusive, and 17 of this act become effective on July 1, 2001.
2. Sections 1, 2, 6, 9, 10 and 16 of this act become effective on July 1, 2002.”.
Amend the title of the bill to read as follows:
“AN ACT relating to educational personnel; requiring the commission on professional standards in education to prescribe objective criteria and qualifications for classifying certain teachers; requiring the board of trustees of each school district to establish a local committee on professional standards; authorizing certain teachers to apply to the local committee and the commission for classification as a mentor teacher or a master teacher; requiring the boards of trustees of school districts to pay augmented salaries to teachers with certain classifications; making appropriations; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Establishes system for classifying teachers. (BDR 34‑737)”.
Senator Rawson moved the adoption of the amendment.
Remarks by Senator Rawson.
Amendment adopted.
Senator Rawson moved that Senate Bill No. 168 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. 194.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 371.
Amend section 1, page 3, line 2, by deleting “III” and inserting “IV”.
Amend section 1, page 3, line 17, by deleting “VII” and inserting “VIII”.
Amend section 1, page 3, line 24, by deleting “III” and inserting “IV”.
Amend section 1, pages 3 and 4, by deleting lines 38 through 48 on page 3 and lines 1 through 7 on page 4 and inserting: “Adult Offender Supervision for each state. In addition to the commissioners who are the voting”.
Amend section 1, page 4, line 16, by deleting “(4)” and inserting “(3)”.
Amend section 1, page 4, line 20, by deleting “(5)” and inserting “(4)”.
Amend section 1, page 4, line 25, by deleting “(6)” and inserting “(5)”.
Amend section 1, page 4, between lines 36 and 37, by inserting:
“ARTICLE IV. THE STATE COUNCIL
(1) The Nevada State Council for Interstate Adult Offender Supervision is hereby created. The Nevada State Council for Interstate Adult Offender Supervision consists of the following seven members:
(a) The compact administrator, appointed by the governor, who shall serve as chairman and as commissioner to the Interstate Commission for this state;
(b) Three members appointed by the governor, one of whom must be a representative of an organization supporting the rights of victims of crime;
(c) One member of the senate, appointed by the majority leader of the senate;
(d) One member of the assembly, appointed by the speaker of the assembly; and
(e) One member who is a district judge, appointed by the chief justice of the supreme court of Nevada.
(2) The members of the Nevada State Council for Interstate Adult Offender Supervision serve at the pleasure of the persons who appointed them.
(3) The legislators who are members of the Nevada State Council for Interstate Adult Offender Supervision are entitled to receive the salary provided for a majority of the members of the legislature during the first 60 days of the preceding session for each day’s attendance at a meeting of the Nevada State Council for Interstate Adult Offender Supervision.
(4) While engaged in the business of the commission, each member of the Nevada State Council for Interstate Adult Offender Supervision is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
(5) The Nevada State Council for Interstate Adult Offender Supervision shall develop policies concerning the operation of the compact within this state and shall exercise oversight and advocacy concerning its participation in activities of the Interstate Commission.”.
Amend section 1, page 4, line 37, by deleting “IV.” and inserting “V.”.
Amend section 1, page 5, line 28, by deleting “IX” and inserting “X”.
Amend section 1, page 6, line 1, by deleting “V.” and inserting “VI.”.
Amend section 1, page 7, line 45, by deleting “VI.” and inserting “VII.”.
Amend section 1, page 9, line 30, by deleting “VII.” and inserting “VIII.”.
Amend section 1, page 10, line 40, by deleting “VIII.” and inserting “IX.”.
Amend section 1, page 11, line 27, by deleting “XI,” and inserting “XII,”.
Amend section 1, page 11, line 29, by deleting “IX.” and inserting “X.”.
Amend section 1, page 12, line 8, by deleting “X.” and inserting “XI.”.
Amend section 1, page 12, line 28, by deleting “XI.” and inserting “XII.”.
Amend section 1, page 14, line 26, by deleting “XII.” and inserting “XIII.”.
Amend section 1, page 14, line 35, by deleting “XIII.” and inserting “XIV.”.
Amend section 1, page 14, by deleting line 42 and inserting:
“(2) The laws of this state, other than the constitution of the State of Nevada, that conflict with this compact are”.
Amend section 1, page 15, between lines 14 and 15, by inserting:
“(7) This state is bound by the bylaws and rules promulgated under this compact only to the extent that the operation of the bylaws and rules does not impose an obligation exceeding any limitation on state power or authority contained in the constitution of the State of Nevada as interpreted by the courts of this state.”.
Senator Washington moved the adoption of the amendment.
Remarks by Senator Washington.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 210.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 426.
Amend the bill as a whole by renumbering sections 1 and 2 as sections 3 and 4 and adding new sections designated sections 1 and 2, following the enacting clause, to read as follows:
“Section 1. NRS 704.033 is hereby amended to read as follows:
704.033 1. [The] Except as otherwise provided in subsection 6, the commission shall levy and collect an annual assessment from all public utilities , providers of discretionary natural gas service and alternative sellers subject to the jurisdiction of the commission.
2. Except as otherwise provided in [subsection 3,] subsections 3 and 4, the annual assessment must be:
(a) For the use of the commission, not more than 3.50 mills; and
(b) For the use of the consumer’s advocate of the bureau of consumer protection in the office of the attorney general, not more than 0.75 mills,
on each dollar of gross operating revenue derived from the intrastate operations of such utilities , providers of discretionary natural gas service and alternative sellers in the State of Nevada . [, except that the minimum assessment in any 1 year must be $10.] The total annual assessment must be not more than 4.25 mills.
3. [For railroads the total annual assessment must be the amount levied for the use of the commission pursuant to paragraph (a) of subsection 2.] The levy for the use of the consumer’s advocate must not be assessed against railroads.
4. The minimum assessment in any 1 year must be $100.
5. The gross operating revenue of the utilities must be determined for the preceding calendar year. In the case of:
(a) Telephone utilities, except as otherwise provided in paragraph (c), the revenue shall be deemed to be all intrastate revenues . [that are considered by the commission for the purpose of establishing rates.]
(b) Railroads, the revenue shall be deemed to be the revenue received only from freight and passenger intrastate movements.
(c) All public utilities, providers of discretionary natural gas service and alternative sellers, the revenue does not include the proceeds of any commodity, energy or service furnished to another public utility , provider of discretionary natural gas service or alternative seller for resale.
6. Providers of commercial mobile radio service are not subject to the annual assessment and, in lieu thereof, shall pay to the commission an annual licensing fee of $200.
Sec. 2. NRS 704.035 is hereby amended to read as follows:
704.035 1. On or before June 1 of each year, the commission shall mail revenue report forms to all public utilities , providers of discretionary natural gas service and alternative sellers under its jurisdiction, to the address of those utilities , providers of discretionary natural gas service and alternative sellers on file with the commission. The revenue report form serves as notice of the commission’s intent to assess [the utilities,] such entities, but failure to notify any [utility] such entity does not invalidate the assessment with respect thereto.
2. Each public utility , provider of discretionary natural gas service and alternative seller subject to the provisions of NRS 704.033 shall complete the revenue report referred to in subsection 1, compute the assessment and return the completed revenue report to the commission accompanied by payment of the assessment and any penalty due, pursuant to the provisions of subsection 5.
3. The assessment is due on July 1 of each year, but may, at the option of the public utility, provider of discretionary natural gas service or alternative seller be paid quarterly on July 1, October 1, January 1 and April 1.
4. The assessment computed by the utility , provider of discretionary natural gas service or alternative seller is subject to review and audit by the commission, and the amount of the assessment may be adjusted by the commission as a result of the audit and review.
5. Any public utility , provider of discretionary natural gas service or alternative seller failing to pay the assessment provided for in NRS 704.033 on or before August 1, or if paying quarterly, on or before August 1, October 1, January 1 or April 1, shall pay, in addition to such assessment, a penalty of 1 percent of the total unpaid balance for each month or portion thereof that the assessment is delinquent, or $10, whichever is greater, but no penalty may exceed $1,000 for each delinquent payment.
6. When a public utility , provider of discretionary natural gas service or alternative seller sells, transfers or conveys substantially all of its assets or , if applicable, its certificate of public convenience and necessity, the commission shall determine, levy and collect the accrued assessment for the current year not later than 30 days after the sale, transfer or conveyance, unless the transferee has assumed liability for the assessment. For purposes of this subsection , the jurisdiction of the commission over the selling, transferring or conveying public utility , provider of discretionary natural gas service or alternative seller continues until it has paid the assessment.
7. The commission may bring an appropriate action in its own name for the collection of any assessment and penalty which is not paid as provided in this section.
8. The commission shall, on a quarterly basis, transfer to the account for the consumer’s advocate of the bureau of consumer protection in the office of the attorney general that portion of the assessments collected which belongs to the consumer’s advocate.”.
Amend sec. 2, page 2, by deleting lines 27 through 46 and inserting: “the office of the commission and there preserved. [Notwithstanding any other provisions of law, neither any] Any accident report made as required by this chapter[, nor] and any report of the commission made pursuant to [any accident investigation made by it, may] its investigation of a fatal accident must be open to public inspection . [or disclosed to any person, except upon order of the commission, nor may either or any of the reports, or any portion thereof, be admitted as evidence or used for any purpose in any suit or action for damages growing out of any matter mentioned in the accident report or report of any such investigation.]”.
Amend the bill as a whole by deleting sec. 3 and renumbering sections 4 through 13 as sections 5 through 14.
Amend sec. 13, page 9, line 41, by deleting “4” and inserting “5”.
Amend sec. 13, page 9, by deleting line 43 and inserting:
“2. Sections 1 to 4, inclusive, and 6 to 13, inclusive, of this act become effective”.
Amend the title of the bill by deleting the first through fourth lines and inserting:
“AN ACT relating to utilities; revising provisions governing annual assessments imposed by the public utilities commission of Nevada; revising provisions governing the establishment of the rates of certain utilities; providing that certain accident reports concerning utilities must be open to public inspection; changing the dates for the calculation and payment of assessments by”.
Senator Townsend moved the adoption of the amendment.
Remarks by Senator Townsend.
Conflict of interest declared by Senator Raggio.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 250.
Bill read second time.
The following amendment was proposed by the Committee on Finance:
Amendment No. 488.
Amend section 1, page 1, line 3, by deleting “$28,489” and inserting “$40,181”.
Amend section 1, page 1, by deleting lines 8 and 9 and inserting: “U.S.G.S. river and stream gauging, ground water measurement and the South Fork Dam monitoring programs ................................................ $18,492”.
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. 261.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 370.
Amend the bill as a whole by adding a new section designated sec. 42.5, following sec. 42, to read as follows:
“Sec. 42.5. NRS 119A.250 is hereby amended to read as follows:
119A.250 1. [All registrations] The registration of a representative issued pursuant to this chapter [expire] expires 1 year after [their] its issuance.
2. Each representative who submits the statement required pursuant to NRS 119A.263 and meets the requirements for renewal adopted by the division may renew his registration upon the payment of the annual renewal fee before the expiration of his registration.
3. If a representative fails to pay the annual renewal fee before the expiration of his registration, the registration may be reinstated upon the submission of the statement and payment of the reinstatement fee in addition to the annual renewal fee. A registration may be reinstated under this subsection only if the statement is submitted and the fees are paid within 1 year after the registration expires.
4. A representative issued a registration shall not change his association to another developer or change his location with the same developer unless he has obtained from the division a transfer of his registration for its unexpired term. An application to the division for the transfer of his registration for the unexpired term must be accompanied by the fee specified in NRS 119A.360 for the transfer of registration.”.
Amend sec. 44, page 15, line 43, by deleting “[representative]” and inserting “representative or”.
Amend sec. 44, page 16, line 4, by deleting “[representative]” and inserting “representative or”.
Amend the bill as a whole by adding a new section designated sec. 44.5, following sec. 44, to read as follows:
“Sec. 44.5. NRS 119A.263 is hereby amended to read as follows:
119A.263 1. An applicant for the issuance or renewal of a sales agent’s license or registration as a [representative or] manager shall submit to the administrator the statement prescribed by the welfare division of the department of human resources pursuant to NRS 425.520. The statement must be completed and signed by the applicant.
2. The administrator shall include the statement required pursuant to subsection 1 in:
(a) The application or any other forms that must be submitted for the issuance or renewal of the license or registration; or
(b) A separate form prescribed by the administrator.
3. A sales agent’s license or registration as a [representative or] manager may not be issued or renewed by the administrator if the applicant:
(a) Fails to complete or submit the statement required pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the administrator shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.”.
Amend sec. 45, page 16, line 26, by deleting “[representative,]” and inserting: “representative [,] or”.
Amend sec. 45, page 16, line 35, by deleting “[representative]” and inserting “representative or”.
Amend the bill as a whole by adding a new section designated sec. 45.5, following sec. 45, to read as follows:
“Sec. 45.5. NRS 119A.266 is hereby amended to read as follows:
119A.266 1. If the administrator receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who has been issued a sales agent’s license or has been registered as a [representative or] manager, the administrator shall deem the license or registration to be suspended at the end of the 30th day after the date on which the court order was issued unless the administrator receives a letter issued to the holder of the license or registration by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license or registration has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
2. The administrator shall reinstate a sales agent’s license or the registration of a [representative or] manager that has been suspended by a district court pursuant to NRS 425.540 if the administrator receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license or registration was suspended stating that the person whose license or registration was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.”.
Amend the bill as a whole by adding a new section designated sec. 50.5, following sec. 50, to read as follows:
“Sec. 50.5. NRS 119A.360 is hereby amended to read as follows:
119A.360 1. The division shall collect the following fees at such times and upon such conditions as it may provide by regulation:
Application fee for preliminary permit to sell time shares...................... $250
Application fee for registration of representative....................................... 65
For renewal of registration of representative............................................... 65
Application fee for transfer of registration of representative to
different developer or location................................................................... 20
For reinstatement of registration of representative..................................... 25
For each permit to sell time shares, per subdivision................................. 500
For each amendment to a public offering statement after the
issuance of the report................................................................................ 100
For renewal of a permit................................................................................... 500
2. Each developer shall pay an additional fee for each time share he sells in a time-share [project] plan over 50 pursuant to the following schedule: Amount to be
Number of time shares paid per time share
51-250.................................................................................. $5.00
251-500.................................................................................... 4.00
501-750.................................................................................... 3.00
751-1500.................................................................................... 2.50
over 1500.................................................................................... 1.00
3. Except for the fees relating to the registration of a representative, the administrator may reduce the fees established by this section if the reduction is equitable in relation to the costs of carrying out the provisions of this chapter.”.
Amend sec. 51, page 19, line 15, by deleting “[project] plan” and inserting “plan”.
Amend sec. 53, page 20, line 39, after “administrator,” by inserting: “that:
(a) Are”.
Amend sec. 53, page 20, line 44, by deleting “sale; or” and inserting: “sale; and
(b) Provide that any person whose interest in the project could defeat the rights or interests of any purchaser under the time-share instrument or contract of sale takes title to the project subject to the rights of the purchasers; or”.
Amend sec. 63, page 23, line 49, after “developer.” by inserting: “Upon the request of the association, the manager shall disclose to the association annual revenue received by the manager from the manager’s affiliation with the time-share plan or the project, or both.”.
Amend sec. 64, page 24, by deleting lines 25 and 26 and inserting: “119A.540 1. The association or , if there is no association, the developer shall adopt an annual budget for revenues, expenditures and”.
Amend sec. 64, page 24, by deleting lines 31 and 32 and inserting:
“2. The administrator may require that the association [,] or , if there is no association, the developer provide, at the association’s or the developer’s”.
Amend sec. 64, page 24, line 37, after “received” by inserting: “by or on behalf of the association”.
Amend sec. 74, page 30, line 25, by deleting “[Representative] Manager” and inserting “Representative , manager”.
Amend the bill as a whole by adding a new section designated sec. 74.5, following sec. 74, to read as follows:
“Sec. 74.5. NRS 119A.680 is hereby amended to read as follows:
119A.680 1. It is unlawful for any person to engage in the business of, act in the capacity of, advertise or assume to act as a:
(a) Project broker or sales agent within the State of Nevada without first obtaining a license from the division pursuant to chapter 645 of NRS or NRS 119A.210.
(b) [Representative, manager] Manager or time-share resale broker within the State of Nevada without first registering with the division.
2. Any person who violates subsection 1 is guilty of a gross misdemeanor.”.
Amend sec. 79, page 32, by deleting line 15 and inserting:
“Sec. 79. 1. NRS 119A.165, 119A.370 and 119A.4773 are hereby repealed.
2. NRS 119A.240 and 119A.250”.
Amend sec. 82, page 32, by deleting lines 24 and 25 and inserting:
“Sec. 82. 1. This section and sections 1 to 44, inclusive, 45, 46 to 50.5, inclusive, 52 to 74, inclusive, 75, 76, subsection 1 of section 79, 80 and 81 of this act become effective on October 1, 2001.
2. Sections 44.5, 45.5, 51, 74.5, 78 and subsection 2 of section 79 of this act become effective on July 1, 2002.”.
Amend sec. 82, page 32, line 26, by deleting “2.” and inserting “3.”.
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. 327.
Bill read second time.
The following amendment was proposed by the Committee on Natural Resources:
Amendment No. 554.
Amend the bill as a whole by deleting sections 1 and 2 and renumbering sections 3 through 15 as sections 1 through 13.
Amend sec. 3, page 2, line 18, by deleting: “handling[, transportation]” and inserting “handling, transportation”.
Amend sec. 3, page 2, by deleting line 19 and inserting: “disposal of hazardous waste ; [, including the safety of vehicles and drivers;]”.
Amend sec. 3, page 2, by deleting line 35 and inserting: “generators, including shippers[, brokers and carriers, both intrastate and”.
Amend sec. 3, page 2, line 36, after “interstate,]” by inserting “and brokers,”.
Amend sec. 3, page 3, line 7, by deleting “[transport and]” and inserting “transport and”.
Senator Rhoads moved the adoption of the amendment.
Remarks by Senator Rhoads.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 356.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 264.
Amend the bill as a whole by deleting sections 1 through 9 and adding new sections designated sections 1 and 2, following the enacting clause, to read as follows:
“Section 1. Chapter 225 of NRS is hereby amended by adding thereto a new section to read as follows:
The secretary of state shall prominently post the following notice at each office and each location on his Internet website at which documents are accepted for filing:
The Secretary of State is not responsible for the content, completeness or accuracy of any document filed in this office. Customers should periodically review the documents on file in this office to ensure that the documents pertaining to them are complete and accurate.
Pursuant to NRS 239.330, any person who knowingly offers any false or forged instrument for filing in this office is guilty of a category C 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 5 years and may be further punished by a fine of not more than $10,000. Additionally, any person who knowingly offers any false or forged instrument for filing in this office may also be subject to civil liability.
Sec. 2. This act becomes effective upon passage and approval.”.
Amend the title of the bill to read as follows:
“AN ACT relating to the secretary of state; requiring the secretary of state to post a notice advising customers to review the documents on file at the office of the secretary of state for content, completeness and accuracy and indicating the penalty for knowingly offering any false or forged instrument for filing; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Requires secretary of state to post notice containing certain information regarding filing of documents. (BDR 18‑1206)”.
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. 377.
Bill read second time.
The following amendment was proposed by the Committee on Human Resources and Facilities:
Amendment No. 229.
Amend section 1, page 1, by deleting lines 10 through 12 and inserting:
“(1) Paragraph (b) of subsection 2 of NRS 422.387 is located, the county shall transfer [an] :
(I) Except as otherwise provided in sub-subparagraph (II), an amount equal to 75 percent of the total amount distributed to that hospital pursuant to paragraph (b) of subsection 2 of NRS 422.387 for a fiscal year, less $75,000; or
(II) An amount established by the legislature for a fiscal year,
to the division of health care financing and policy.”.
Amend section 1, page 1, line 13, by deleting “Subsection 4” and inserting: “Paragraph (c) of subsection 2”.
Amend section 1, page 1, line 15, by deleting “subsection” and inserting “paragraph”.
Amend section 1, page 2, by deleting line 4 and inserting: “paragraph (b) of subsection 2 of NRS 422.387.”.
Amend the bill as a whole by renumbering sec. 2 as sec. 3 and adding a new section designated sec. 2, following section 1, to read as follows:
“Sec. 2. NRS 422.385 is hereby amended to read as follows:
422.385 1. The allocations and payments required pursuant to subsections 1 and 2 of NRS 422.387 must be made, to the extent allowed by the state plan for Medicaid, from the Medicaid budget account.
2. Except as otherwise provided in subsection 3[,] and subsection 3 of NRS 422.387, the money in the intergovernmental transfer account must be transferred from that account to the Medicaid budget account to the extent that money is available from the Federal Government for proposed expenditures, including expenditures for administrative costs. If the amount in the account exceeds the amount authorized for expenditure by the division of health care financing and policy for the purposes specified in NRS 422.387, the division of health care financing and policy is authorized to expend the additional revenue in accordance with the provisions of the state plan for Medicaid.
3. If enough money is available to support Medicaid[,] and to make the payments required by subsection 3 of NRS 422.387, money in the intergovernmental transfer account may be transferred [to] :
(a) To an account established for the provision of health care services to uninsured children pursuant to a federal program in which at least 50 percent of the cost of such services is paid for by the Federal Government, including, without limitation, the children’s health insurance program[, if enough money is available to continue to satisfy existing obligations of the Medicaid program or to] ; or
(b) To carry out the provisions of NRS 439B.350 [to] and 439B.360.”.
Amend sec. 2, pages 2 and 3, by deleting lines 21 through 49 on page 2 and lines 1 through 31 on page 3, and inserting:
“2. The state plan for Medicaid must provide:
(a) For the payment of the maximum amount allowable under federal law and regulations after making [a payment, if any,] any payments pursuant to [paragraph (b),] paragraphs (b) and (c), to public hospitals for treating a disproportionate share of Medicaid patients, indigent patients or other low-income patients, unless such payments are subsequently limited by federal law or regulation.
(b) For a payment in an amount approved by the legislature to the private hospital that provides the largest volume of medical care to Medicaid patients, indigent patients or other low-income patients in a county that does not have a public hospital.
(c) For a payment to each private hospital whose Medicaid utilization percentage is greater than the average for all the hospitals in this state and which is located in a county that has a public hospital, in an amount of not less than $150 but not more than $200 for each uncompensated day incurred by the hospital.
The plan must be consistent with the provisions”.
Amend sec. 2, page 3, by deleting lines 35 through 40 and inserting:
“3. [The division of health care financing and policy may, with the approval of the director, amend the state plan for Medicaid to modify the methodology for establishing the rates of payment to public hospitals for inpatient services, except that such amendments must not reduce the total reimbursements to public hospitals for such services.] To the extent that money is available in the intergovernmental transfer account, the division of health care financing and policy shall distribute $50,000 from that account each fiscal year to each public hospital which:
(a) Is located in a county that does not have any other hospitals; and
(b) Is not eligible for a payment pursuant to subsection 2.”.
Amend sec. 2, page 3, line 41, by deleting “7.” and inserting “4.”.
Amend sec. 2, page 3, by deleting lines 43 and 44 and inserting: “of treatment of Medicaid patients, including patients who receive their”.
Amend sec. 2, pages 3 and 4, by deleting line 47 on page 3 and lines 1 through 3 on page 4.
Amend sec. 2, page 4, line 4, by deleting “(d)” and inserting “(b)”.
Amend sec. 2, page 4, by deleting lines 9 and 10 and inserting: “other person or any governmental program.”.
Amend the bill as a whole by renumbering sections 3 and 4 as sections 6 and 7 and adding new sections designated sections 4 and 5, following sec. 2, to read as follows:
“Sec. 4. 1. Except as otherwise provided in subsection 2:
(a) The state plan for Medicaid must allocate to:
(1) Any private hospital in a county whose population is 100,000 or more that is qualified to receive a payment pursuant to paragraph (b) of subsection 2 of NRS 422.387, $4,800,000 or the amount of the uncompensated costs of the hospital as defined in the state plan for Medicaid, whichever is less, for the fiscal year 2001-2002 and for the fiscal year 2002‑2003.
(2) Any private hospital in a county whose population is 40,000 or more but less than 100,000 that is qualified to receive a payment pursuant to paragraph (b) of subsection 2 of NRS 422.387, $2,000,000 or the amount of the uncompensated costs of the hospital as defined in the state plan for Medicaid, whichever is less, for the fiscal year 2001-2002 and for the fiscal year 2002-2003.
(3) Any private hospital in a county whose population is less than 40,000 that is qualified to receive a payment pursuant to paragraph (b) of subsection 2 of NRS 422.387, $1,000,000 or the amount of the uncompensated costs of the hospital as defined in the state plan for Medicaid, whichever is less, for the fiscal year 2001-2002 and for the fiscal year 2002‑2003.
(b) If a private hospital receives a payment pursuant to paragraph (a), the county within which the hospital is located shall transfer to the division of health care financing and policy of the department of human resources:
(1) If the payment was received pursuant to subparagraph (1) of that paragraph, $1,500,000 for the fiscal year 2001-2002 and for the fiscal year 2002-2003.
(2) If the payment was received pursuant to subparagraph (2) of that paragraph, $1,500,000 or 75 percent of the amount received by the hospital, whichever is less, for the fiscal year 2001-2002 and for the fiscal year 2002‑2003.
(3) If the payment was received pursuant to subparagraph (3) of that paragraph, $750,000 or 75 percent of the amount received by the hospital, whichever is less, for the fiscal year 2001-2002 and for the fiscal year 2002‑2003.
2. If federal law changes the amount payable pursuant to paragraph (a) of subsection 2 of NRS 422.387:
(a) The respective amounts required to be allocated and transferred pursuant to subsection 1 must be reduced proportionally in accordance with the limits of federal law.
(b) The administrator of the division of health care financing and policy of the department of human resources shall adopt a regulation specifying the amount of the reductions required by paragraph (a).
Sec. 5. 1. The department of human resources shall conduct a study of:
(a) The programs conducted in this state for the provision of medical care to Medicaid patients, indigent patients and other low-income patients; and
(b) The methodology used in determining the amount and distribution of payments made to public and private hospitals pursuant to NRS 422.387.
2. The study must review:
(a) The sources of funding used for the provision of medical care to Medicaid patients, indigent patients and other low-income patients, including any applicable federal, state and local governmental programs;
(b) The costs to provide medical care to Medicaid patients, indigent patients and other low-income patients, and the extent to which the sources of funding identified pursuant to paragraph (a) are sufficient to pay those costs;
(c) Whether the payments received by hospitals based on the volume of medical care provided to Medicaid patients, indigent patients and other low‑income patients are equitable;
(d) The statewide effect of the provisions of NRS 439B.300 to 439B.340, inclusive, on the provision of medical care to Medicaid patients, indigent patients and other low-income patients;
(e) The policies employed by counties to administer the provisions of NRS 439B.300 to 439B.340, inclusive;
(f) Whether the amendment of the provisions of NRS 439B.300 to 439B.340, inclusive, to provide for a direct tax would enable the state to increase any revenue from other sources for the provision of medical care to Medicaid patients, indigent patients and other low-income patients;
(g) Whether it is feasible for the state to provide for the reimbursement of public hospitals for the provision of medical care to Medicaid patients on a cost basis as a means to increase any revenue from other sources for the provision of that care;
(h) Whether it is feasible to redistribute payments to increase payments to hospitals located in rural counties, including hospitals that are not currently eligible for payments pursuant to NRS 422.387; and
(i) Alternative methodologies for providing funding for the provision of medical care to Medicaid patients, indigent patients and other low-income patients in Washoe County.
3. The department of human resources shall request such relevant information from public and private hospitals, counties and other entities as is necessary to conduct the study. A hospital, county or other entity that receives such a request from the department shall provide the appropriate information. Any such information obtained by the department may be used only for the purpose of conducting the study.
4. The department of human resources shall, on or before July 1, 2002, complete the study and submit a report of the activities, findings and recommendations of the study to the governor, the interim finance committee and the legislative committee on health care.”.
Amend the title of the bill, third line, after “patients;” by inserting: “providing for the allocation and transfer of certain funding for the treatment of those patients; requiring the department of human resources to conduct a study regarding programs and funding for the treatment of those patients;”.
Senator Rawson moved the adoption of the amendment.
Remarks by Senators Rawson, Neal and Titus.
Senator Titus disclosed that she is an unpaid volunteer on the Sunrise Board.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 380.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 485.
Amend the bill as a whole by deleting sec. 2 and adding a new section designated sec. 2, following section 1, to read as follows:
“Sec. 2. NRS 624.640 is hereby amended to read as follows:
624.640 The [employment security division of the department of employment, training and rehabilitation and the] administrator of the division of industrial relations of the department of business and industry shall make available, upon request, to any licensed contractor the names and addresses of subcontractors who are delinquent in paying the amounts owed by the subcontractor to [:
1. The division for benefits for unemployment pursuant to chapter 612 of NRS; and
2. A] a private carrier that provides industrial insurance in this state for premiums for industrial insurance.”.
Amend sec. 3, page 2, by deleting line 8 and inserting:
“Sec. 3. NRS 612.687 is hereby repealed.”.
Amend the text of repealed sections by deleting the text of NRS 624.640.
Amend the title of the bill to read as follows:
“AN ACT relating to contractors; eliminating the duty of a contractor to require proof of payment of the business tax from a subcontractor with whom he has a contract; eliminating the liability of a contractor for contributions for benefits for unemployment owed by such a subcontractor; and providing other matters properly relating thereto.”.
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. 405.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 534.
Amend section 1, page 1, by deleting line 17 and inserting:
“(j) Amputate a toe if he:
(1) Is certified by the board to perform the amputation;
(2) Performs the amputation in a hospital as defined in NRS 449.012 or a surgical center for ambulatory patients as defined in NRS 449.019; and
(3) Performs the amputation in accordance with the standard of care required for a physician licensed pursuant to chapter 630, 630A or 633 of NRS.”.
Amend the bill as a whole by renumbering sections 2 and 3 as sections 3 and 4 and adding a new section designated sec. 2, following section 1, to read as follows:
“Sec. 2. NRS 450.006 is hereby amended to read as follows:
450.006 “Allied health profession” means:
1. Psychology as defined in chapter 641 of NRS; or
2. [Podiatry as defined in chapter 635 of NRS; or
3.] Oriental medicine or acupuncture as defined in chapter 634A of NRS.”.
Senator Carlton moved the adoption of the amendment.
Remarks by Senator Carlton.
Senator Rawson disclosed that his son is a podiatrist.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 419.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 449.
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. 1. The Gaming Policy Committee shall conduct a study to review:
(a) Whether the definition of “resort hotel” in NRS 463.01865 should be extended to time-share projects to allow a qualifying time-share project to obtain a nonrestricted license.
(b) Other major issues associated with gaming in this state, including the expansion of gaming over the Internet, increased competition with Indian tribes that operate gaming establishments and problem gambling.
2. The Gaming Policy Committee shall report the results of the study conducted pursuant to subsection 1 and any recommendations for legislation to the Director of the Legislative Counsel Bureau on or before February 1, 2003, for transmittal to the 72nd session of the Nevada Legislature.”.
Amend the title of the bill to read as follows:
“AN ACT relating to gaming; requiring the Gaming Policy Committee to study whether the definition of “resort hotel” should be extended to include certain time-share projects; requiring the Committee to study certain other issues; requiring the Committee to report the results of its studies to the Legislature; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Requires Gaming Policy Committee to study certain issues. (BDR S-1184)”.
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. 478.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 531.
Amend the bill as a whole by deleting sections 1 through 34 and adding new sections designated sections 1 through 6, following the enacting clause, to read as follows:
“Section 1. NRS 365.060 is hereby amended to read as follows:
365.060 “Motor vehicle fuel” means gasoline, natural gasoline, casing‑head gasoline or any other inflammable or combustible liquid, regardless of the name by which the liquid is known or sold, the chief use of which in this state is for the propulsion of motor vehicles, motorboats or aircraft other than jet or turbine-powered aircraft. The term does not include kerosene, gas oil, fuel oil, fuel for jet or turbine-powered aircraft, diesel fuel, liquefied petroleum gas , [and] an emulsion of water-phased hydrocarbon fuel, as that term is defined in NRS 366.026 [.] or clean-burning fuel, as that term is defined in section 3 of this act.
Sec. 2. Chapter 366 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 and 4 of this act.
Sec. 3. 1. “Clean-burning fuel” means any fuel that:
(a) Is designed to be used in a motor vehicle;
(b) Is not substantially gasoline or diesel fuel; and
(c) Is likely to yield substantial environmental benefits.
2. The term includes, without limitation:
(a) Methanol, denatured ethanol and other alcohols;
(b) Mixtures containing not less than 85 percent by volume of methanol, denatured ethanol or other alcohols with gasoline or other fuels;
(c) Natural gas;
(d) Liquefied petroleum gas;
(e) Hydrogen;
(f) Coal-derived liquid fuels;
(g) Fuels, other than alcohol, that are derived from biological materials; and
(h) Electricity, including, without limitation, electricity derived from solar energy.
Sec. 4. The tax imposed by NRS 366.190 does not apply to the sale or use of clean-burning fuel for motor vehicles that use such fuel.
Sec. 5. NRS 366.020 is hereby amended to read as follows:
366.020 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 366.025 to 366.100, inclusive, and section 3 of this act have the meanings ascribed to them in those sections.
Sec. 6. NRS 366.060 is hereby amended to read as follows:
366.060 1. “Special fuel” means [any] :
(a) Any combustible gas or liquid used for the generation of power for the propulsion of motor vehicles, including an emulsion of water-phased hydrocarbon fuel [.] ; or
(b) Clean-burning fuel.
2. The term does not include motor vehicle fuel as defined in chapter 365 of NRS.”.
Amend the title of the bill to read as follows:
“AN ACT relating to motor vehicles; exempting clean-burning fuel from the tax on special fuels; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Exempts clean-burning fuel from tax on special fuels. (BDR 32‑137)”.
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. 551.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 452.
Amend section 1, page 1, by deleting lines 3 through 10 and inserting:
“1. Each provider of Internet service shall create and maintain:
(a) For at least 180 days after it is created:
(1) A record of each person who enters or leaves its system, including, without limitation, the IP address of the person or any other information that identifies the person; and
(2) A record of each customer of the service who logs on to the service, including, without limitation, information that identifies the customer; and
(b) For at least 1 year after it is created, a record of each customer of the service that includes, without limitation, his name, address, telephone number, the method he uses to pay for the service, the dates and times that he has logged on to the service and the number of minutes that he was logged on to the service.
2. A provider of Internet service who violates the provisions of subsection 1 is guilty of a misdemeanor and shall be punished by a fine of not less than $50 or more than $500 for each violation.”.
Amend section 1, page 2, by deleting lines 4 through 13 and inserting: “sheriff or chief of police of a municipality may, if there is reasonable cause to believe that a crime has been committed through the use of the services of the provider of Internet service, apply to the court for an order compelling the provider of Internet service to provide any information relevant to the alleged crime that the provider is required to create and maintain pursuant to subsection 1.”.
Amend section 1, page 2, line 14, by deleting “5.” and inserting “4.”.
Amend section 1, page 2, by deleting line 16.
Amend section 1, page 2, line 17, by deleting “(c)” and inserting “(b)”.
Amend section 1, page 2, by deleting line 19.
Amend sec. 3, page 3, line 14, after “communication” by inserting: “to publish, display or distribute information in a manner that substantially increases the risk of harm or violence to the victim”.
Amend sec. 4, page 4, line 24, by deleting “18” and inserting “16”.
Amend sec. 4, page 4, line 36, after “violates” by inserting: “or attempts to violate”.
Amend sec. 5, page 5, by deleting lines 10 through 17 and inserting:
“1. It is unlawful for a person to knowingly sell or distribute cigarettes, cigarette paper, tobacco of any description or products made from tobacco to a child under the age of 18 years through the use of the Internet.
2. A person who violates the provisions of subsection 1 shall be punished by a fine of not more than $500 and a civil penalty of not more than $500. Any money recovered”.
Amend sec. 5, page 5, by deleting lines 25 and 26 and inserting: “use of the Internet. The policy must include, without limitation, a method for ensuring that the person who delivers such items obtains the signature of a person who is over the age of 21 years when delivering the items, that the packaging or wrapping of the items when they are shipped is clearly marked with the word “cigarettes” or the words “tobacco products,” and that the person complies with the provisions of 15 U.S.C. § 376. A person who fails to adopt a policy pursuant to this subsection is guilty of a misdemeanor and shall be punished by a fine of not more than $500.”.
Amend sec. 6, page 5, by deleting lines 28 and 29 and inserting:
“202.055 1. Every person who knowingly:”.
Amend sec. 6, page 5, by deleting lines 41 through 45.
Amend sec. 6, page 5, line 46, by deleting “4.” and inserting “3.”.
Amend sec. 6, page 6, by deleting lines 1 and 2 and inserting: “from the person through the use of the Internet. The policy must include, without limitation, a method for ensuring that the person who delivers the alcoholic beverages obtains the signature of a person who is over the age of 21 years when delivering the beverages and that the packaging or wrapping of the alcoholic beverages when they are shipped is clearly marked with words that describe the alcoholic beverages. A person who fails to adopt a policy pursuant to this subsection is guilty of a misdemeanor and shall be punished by a fine of not more than $500.”.
Amend the bill as a whole by deleting sec. 9, renumbering sections 10 through 13 as sections 11 through 14 and adding new sections designated sections 9 and 10, following sec. 8, to read as follows:
“Sec. 9. NRS 205.486 is hereby amended to read as follows:
205.486 1. A person shall not willfully use or attempt to use encryption, directly or indirectly, to:
(a) Commit, facilitate, further or promote any criminal offense;
(b) Aid, assist or encourage another person to commit any criminal offense;
(c) Conceal the commission of any criminal offense;
(d) Conceal or protect the identity of a person who has committed any criminal offense; or
(e) Delay, hinder or obstruct the administration of the law.
2. A person who violates any provision of this section:
(a) Is guilty of a gross misdemeanor [; and] , unless the encryption was used or attempted to be used to commit a crime for which a greater penalty is provided by specific statute. If the encryption was used or attempted to be used to commit a crime for which a greater penalty is provided by specific statute, the person shall be punished as prescribed by statute for that crime.
(b) Commits a criminal offense that is separate and distinct from any other criminal offense and may be prosecuted and convicted pursuant to this section whether or not the person or any other person is or has been prosecuted or convicted for any other criminal offense arising out of the same facts as the violation of this section.
Sec. 10. NRS 207.260 is hereby amended to read as follows:
207.260 [A]
1. Unless a greater penalty is provided by specific statute, a person who annoys or molests or attempts to annoy or molest a minor , including, without limitation, soliciting a minor to engage in unlawful sexual conduct, is guilty of :
(a) For the first offense, a misdemeanor.
(b) For the second and each subsequent offense , [he 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, and may be further punished by a fine of not more than $5,000.
2. For the purposes of this section, “soliciting” includes, without limitation, contacting a person directly, through the use of a telephone, in writing, through the use of a computer or through an advertisement.
3. As used in this section:
(a) “Computer” has the meaning ascribed to it in NRS 205.4735.
(b) “Sexual conduct” has the meaning ascribed to it in NRS 200.700 ”.
Amend sec. 12, page 9, by deleting lines 8 and 9 and inserting: “convicted of stalking with the use of an Internet or network site or electronic mail or any other similar means of communication pursuant to subsection 3 of NRS 200.575, an offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive, or luring a child using a computer, system or network pursuant to paragraph (a) or (b) of subsection 3 of section 4 of this act and the court grants probation or suspends the sentence, the”.
Amend sec. 12, page 9, by deleting lines 15 through 17 and inserting: “suspension of sentence set forth in subsection 1 if the court finds that:
(a) The use of a computer by the defendant will assist a law enforcement agency or officer in a criminal investigation;
(b) The defendant will use the computer to provide technological training concerning technology of which the defendant has a unique knowledge; or
(c) The use of the computer by the defendant will assist companies that require the use of the specific technological knowledge of the defendant that is unique and is otherwise unavailable to the company.
3. Except as otherwise provided in subsection 1, if a defendant is convicted of an offense that involved the use of a computer, system or network and the court grants probation or suspends the sentence, the court may, in addition to any other condition ordered pursuant to NRS 176A.400, order as a condition of probation or suspension that the defendant not own or use a computer, including, without limitation, use electronic mail, a chat room or the Internet.”.
Amend sec. 12, page 9, line 18, by deleting “3.” and inserting “4.”.
Amend the bill as a whole by deleting sec. 14.
Amend sec. 24, page 16, by deleting lines 41 through 43 and inserting: “on parole a prisoner convicted of stalking with the use of an Internet or network site or electronic mail or any other similar means of communication pursuant to subsection 3 of NRS 200.575, an offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive, or luring a child using a computer, system or network pursuant to paragraph (a) or (b) of subsection 3 of section 4 of this act, the board shall, in addition to any other condition of parole, require as a condition of parole that the parolee”.
Amend sec. 24, page 16, by deleting lines 47 through 49 and inserting: “in subsection 1 if the board finds that:
(a) The use of a computer by the parolee will assist a law enforcement agency or officer in a criminal investigation;
(b) The parolee will use the computer to provide technological training concerning technology of which the defendant has a unique knowledge; or
(c) The use of the computer by the parolee will assist companies that require the use of the specific technological knowledge of the parolee that is unique and is otherwise unavailable to the company.
3. Except as otherwise provided in subsection 1, if the board releases on parole a prisoner convicted of an offense that involved the use of a computer, system or network, the board may, in addition to any other condition of parole, require as a condition of parole that the parolee not own or use a computer, including, without limitation, use electronic mail, a chat room or the Internet.”.
Amend sec. 24, page 17, line 1, by deleting “3.” and inserting “4.”.
Amend the bill as a whole by deleting sections 28 through 30 and renumbering sections 31 and 32 as sections 28 and 29.
Amend the title of the bill to read as follows:
“AN ACT relating to crimes; requiring Internet service providers to maintain certain information; authorizing certain persons to apply to the court for an order to obtain such information; establishing a penalty for committing the crime of stalking with the use of the Internet or electronic mail; prohibiting the use or attempted use of a computer, network or system to lure children and providing that such an offense constitutes a sexual offense for the purpose of certain statutes pertaining to sex offenders; making various changes concerning the sale of tobacco products or alcoholic beverages to minors through the use of the Internet; increasing the penalty for certain unlawful uses of encryption; making various changes concerning the crime of annoying or molesting a minor; requiring that certain conditions of probation and parole be imposed upon certain offenders; providing penalties; and providing other matters properly relating thereto.”
Amend the summary of the bill to read as follows:
“SUMMARY—Makes various changes concerning computers, technology, Internet and crimes against children. (BDR 15‑442)”.
Senator James moved the adoption of the amendment.
Remarks by Senators James, Coffin and Neal.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
REPORTS OF COMMITTEES
Madam President:
Your Committee on Finance, to which was referred Senate Bill No. 141, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and re-refer to the Committee on Legislative Affairs and Operations.
William J. Raggio, Chairman
MOTIONS, RESOLUTIONS AND NOTICES
Senator Townsend moved that Senate Bill No. 301 be taken from the General File and placed on the General File for the next legislative day.
Remarks by Senator Townsend.
Motion carried.
UNFINISHED BUSINESS
Signing of Bills and Resolutions
There being no objections, the President and Secretary signed Assembly Bill No. 587.
GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR
On request of Senator Raggio, the privilege of the floor of the Senate Chamber for this day was extended to the following students from the Mountain View Montessori School: Carly Bittman, Lindsey Bittman, Leila Cryer, Ian Gahner, Jake Hendricks, Brett Hinckley, Katy Hurley, Steven Jensen, Christi Jimenez, Kassi Mast, Sean McNally, Annie Szatkowski, Remington Walker and teacher: Carola Andrew.
On request of Senator Shaffer, the privilege of the floor of the Senate Chamber for this day was extended to Larry Shaffer.
On request of Senator Washington, the privilege of the floor of the Senate Chamber for this day was extended to the following students from Reed High School: Josh Gill, Anthony Hanson, Stephen Jaramillo, Zachary Martens, Dominick McKinney, Edwin Mendez, Chris Moore, Lisa Porter, Deanna Reed, Jennifer Reed, Beatrice Romero, Derek Schweisthal, Lara Ivashin; teachers: Debbie Schwoyer and Virginia Vernon.
Senator Raggio moved that the Senate adjourn until Wednesday, April 25, 2001 at 10:30 a.m.
Motion carried.
Senate adjourned at 1:40 p.m.
Approved: Lorraine T. Hunt
President of the Senate
Attest: Claire J. Clift
Secretary of the Senate