THE NINETY-NINTH DAY

THE NINETY-NINTH DAY

Carson City(Monday), May 14, 2001

Senate called to order at 11:36 a.m.

President Hunt presiding.

Roll called.

All present.

Prayer by the Chaplain, Pastor Stan Friend.

Father, let Your mercy be upon us, and let Your love be in our hearts. Guide us to know the truth in this life, and help us in the time of decision-making.

Lord, these leaders are assembled to express their good faith and willingness to serve the State of Nevada and the people they represent. Help them to achieve their task successfully.

Guide them to know Your will at all times. Fill their minds with useful knowledge. We pray this in Your Name.

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 Human Resources and Facilities, to which was referred Assembly Bill No. 364, 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 Assembly Bill No. 214, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Raymond D. Rawson, Chairman

Madam President:

Your Committee on Judiciary, to which were referred Assembly Bills Nos. 108, 110, 125, 375, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Also, your Committee on Judiciary, to which were referred Assembly Bills Nos. 54, 105, 239, 336, 377, 489, 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

Madam President:

Your Committee on Taxation, to which was referred Assembly Bill No. 433, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Mike McGinness, Chairman

Madam President:

Your Committee on Transportation, to which were referred Assembly Bills Nos. 6, 83, 210, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

William R. O'Donnell, Chairman

WAIVERS AND EXEMPTIONS

Waiver Of Joint Standing Rule(s)

A Waiver requested by Assembly 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).

Subsection 3 of Joint Standing Rule No. 14.3 (out of final committee of 2nd house by 106th day).

Subsection 4 of Joint Standing Rule No. 14.3 (out of 2nd house by 113th day).

With the following conditions:

May only be passed out of house of origin on or before May 18, 2001.

May only be passed out of final committee of second house on or before May 26, 2001.

May only be passed out of second house on or before May 31, 2001.

Has been granted effective: May 11, 2001.

William J. Raggio Richard D. Perkins

Senate Majority Leader Speaker of the Assembly

MOTIONS, RESOLUTIONS AND NOTICES

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

Senate Concurrent Resolution No. 42—Proclaiming September 15 - 21, 2001 as “Nevada Mediation Week.”

Whereas, The resolution of disputes can be divisive, costly, time-consuming and complex when achieved through litigation and formal court proceedings in which parties are adversaries and subject to formalized procedures; and

Whereas, Many persons desire alternatives to contentious litigation conducted in the traditional setting of a courtroom; and

Whereas, Mediation is a form of alternative dispute resolution that allows each party an opportunity to present his or her side of a dispute and, with the help of a trained, impartial mediator, reach mutually satisfying solutions; and

Whereas, Mediation offers an option for businesses, consumers, families, landlords and tenants, neighborhoods and others to resolve conflicts in an expeditious and cost-effective manner, as well as in a manner that may preserve the relationship of the parties; and

Whereas, The Mediators of Southern Nevada, Inc., and the Nevada Dispute Resolution Coalition recognize members of their communities for their peace making efforts; now, therefore, be it

Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 71st session of the Nevada Legislature do hereby proclaim the week of September 15 through September 21, 2001, as Nevada Mediation Week; and be it further

Resolved, That this special week be recognized throughout Nevada with celebrations of peace making efforts to remind our residents of the productive and satisfying options that mediation services provide, and to encourage participation in this problem-solving alternative; and be it further

Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Mediators of Southern Nevada, Inc.

Senator Titus moved the adoption of the resolution.

Remarks by Senator Titus.

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

Thank you, Madam President. I am pleased to sponsor this resolution proclaiming September 15 through the 21, as Nevada Mediation Week and acknowledging the Mediation of southern Nevada and the Nevada Dispute Resolution Coalition for their commitment to resolving disputes through mediation.

Ten years ago, the Legislature conducted an interim study on alternatives to conflict resolution. Active in that movement were former Legislators, Sue Wagner and Myrna Williams. Mediation is one of the alternatives which was studied and has since been encouraged and developed throughout the State.

There is a brochure on your desk which describes mediation better than I could. It is “a quick inexpensive, fair and effective way to resolve conflict, without costly legal proceedings! The parties become self-empowered as they work out their own solution to the dispute.”

As we continue to legislate during the next 3weeks, we should keep in mind the goals and principles of mediation so we can avoid as much conflict as possible. Next September, let us remember to thank the mediators of Nevada who unselfishly help others reach solutions to their disputes. We can thank some of them who are here including Jean Peytan, who was also instrumental in the passage of Senate Bill No. 324, by passing this resolution.

Resolution adopted.

Senator Titus moved that all rules be suspended and that Senate Concurrent Resolution No. 42 be immediately transmitted to the Assembly.

Motion carried unanimously.

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

Senate Concurrent Resolution No. 43—Supporting the construction and operation of a performing arts center in Southern Nevada.

Whereas, For more than 5 years, several groups in the Las Vegas Valley have sought support for the construction and operation of an upscale performing arts center to be built in or near the City of Las Vegas; and

Whereas, Supporters of this initiative propose that such a state-of-the-art facility would bring top-notch theater, opera and concert performances to the Las Vegas area, thereby encouraging further economic and cultural development in Southern Nevada and fostering an appreciation of and support for the performing arts in the community; and

Whereas, Local government officials and community leaders believe that the construction and operation of a performing arts center should be both a public and private partnership, with the private sector and local government providing substantial monetary support for the development, operation and maintenance of the facility, and public sources providing money for the construction of the facility; and

Whereas, The groups proposing the performing arts center have set forth the following goals and objectives, the accomplishment of which they believe will serve as evidence of substantial support for the center:

1. Commitment, at no cost to the State of Nevada, of a suitable and prominent site for the construction of the performing arts center; and

2. Commitment from private and local sources, at no cost to the State of Nevada, of sufficient funds and services to ensure that the performing arts center will be operated and maintained without any need for subsidies or appropriations from the state; now, therefore, be it

Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 71st session of the Nevada Legislature do hereby support the construction and operation of a performing arts center in Southern Nevada which will encourage further economic and cultural development in the Las Vegas Valley; and be it further

Resolved, That the members of the Legislature commend the local government officials and community leaders for their efforts thus far in bringing a performing arts center to the residents of and visitors to Southern Nevada; and be it further

Resolved, That the accomplishment of the goals and objectives set forth by the groups proposing the performing arts center will demonstrate that the supporters of this initiative are ready to move forward and seek a public means for funding the construction of the center, including, for example, the sale of revenue bonds; and be it further

Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Don Snyder, a member of the Las Vegas Performing Arts Center Foundation Board and an ardent supporter of this initiative.

Senator Rawson moved the adoption of the resolution.

Remarks by Senators Rawson, Titus, James, Porter and President Hunt.

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

Senator Rawson:

Thank you, Madam President. I would like to say a few things about this center. People should know that it will be a state-of-the-art facility. It is something that we have been looking forward to for a long time.

There has actually been an active group working for about 5 years to develop and plan this center. It will be built as a facility in Las Vegas to encourage the arts for everyone—the young, old and vistors alike. It will include a musical theater for ballet, the symphony and opera. It has a 2,400-seat lyric theater, an 800-seat drama theater and a 200-seat discovery theater. We expect this to be a true focal point for southern Nevada in bringing all the arts together.

I have been proud for a number of years of the efforts Reno has exhibited in developing the arts. There is a certain sophistication here that we have all appreciated. This brings into a coalescence all of the effort and planning and interest in southern Nevada, and this will truly be a focus for all of us.

It will be a privately endowed and supported major project. They are talking about $120 million to construct this, and another $60 million to endow it. The city has already committed land for this project in an interest to try and get it moving and developing. The 61 acres near the government center in downtown Las Vegas will be a perfect spot for this to be constructed. Without going into more detail, I would highly recommend this to everyone and hope we have the full support of the Senate.

Senator Titus:

Thank you, Madam President. I am pleased to rise in support of this resolution. Southern Nevada needs and wants a performing arts center that will enhance our quality of life, encourage pursuit of the arts by young and old alike, boost cultural development generally and encourage economic investment. It will be fun, entertaining and educational. I commend the Board and the City of Las Vegas for helping make this dream a reality.

Senator James:

Thank you, Madam President. I also would like to rise in strong support of this resolution. We are witnessing the transformation of Las Vegas and of Nevada from its reputation as only being a gaming resort community into a place where people want to come, live and participate in other professions and businesses. Encouragement of the arts in this fashion is something that is integral to that transformation. What we have here is not only cultural development but economic development and downtown redevelopment all rolled into one. This is a tremendous proposal. It deserves our strong support in terms of supporting this resolution, today, and then going beyond that to make the right commitment from the State of Nevada to see this performing arts center come to fruition with all the benefits that it will have for us, our families, children and posterity.

Senator Porter:

Thank you, Madam President. I, too, rise in support of this resolution. I appreciate what my colleagues have mentioned, but I would like to take it a step further. So many have worked so hard, and there are many of those individuals who are here today. It has taken a real community effort. They have been working for this for a number of years. I, too, applaud the efforts and support the resolution.

President Hunt:

Even though I cannot vote on this item, I certainly concur to support it. I served as the original founding member of the group about 5 years ago. We put together the first business plan to see the feasibility of whether or not a performing arts center would be successful in Las Vegas. We found through the study that we had grown to be such a metropolitan area with our own citizens, now 1.34 million people and 32 million visitors annually who come to Las Vegas, that we could support the effort. You have my full support. I am still there, in spirit, though not fully participating on a daily basis but certainly looking forward to the day we break ground and have the ribbon cutting ceremony for the magnificent performing arts cultural center in the southern Nevada community.

Resolution adopted.

Senator Rawson moved that all rules be suspended and that Senate Concurrent Resolution No. 43 be immediately transmitted to the Assembly.

Motion carried unanimously.

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

Motion carried.

Senate in recess at 12:06 p.m.

SENATE IN SESSION

At 12:08 p.m.

President Hunt presiding.

Quorum present.

Assembly Concurrent Resolution No. 6.

Senator Amodei moved the adoption of the resolution, as amended.

Remarks by Senator Amodei.

Resolution adopted.

Resolution ordered transmitted to the Assembly.

Assembly Concurrent Resolution No. 10.

Senator Rawson moved the adoption of the resolution.

Remarks by Senator Rawson.

Resolution adopted.

Resolution ordered transmitted to the Assembly.

SECOND READING AND AMENDMENT

Senate Joint Resolution No. 13.

Resolution read second time and ordered to third reading.

Assembly Bill No. 86.

Bill read second time and ordered to third reading.

Assembly Bill No. 243.

Bill read second time.

The following amendment was proposed by the Committee on Taxation:

Amendment No. 701.

Amend sec. 3, page 2, by deleting lines 21 and 22 and inserting: “and equipment. The term does not include:”.

Amend sec. 10, page 3, by deleting lines 47 and 48 and inserting: “used in the repair or maintenance of farm machinery and equipment. The term does not”.

Senator McGinness moved the adoption of the amendment.

Remarks by Senator McGinness.

Amendment adopted.

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

Assembly Bill No. 264.

Bill read second time and ordered to third reading.

Assembly Bill No. 271.

Bill read second time.

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

Amendment No. 694.

Amend section 1, page 2, line 26, by deleting: “sophomores, juniors or seniors in high school.” and inserting: “[sophomores, juniors or seniors in high school.] at least 15 years of age.”.

Amend the bill as a whole by renumbering sections 2 through 5 as sections 5 through 8 and adding new sections designated sections 2 through 4, following section 1, to read as follows:

“Sec. 2. Chapter 483 of NRS is hereby amended by adding thereto a new section to read as follows:

A person to whom the department issues a license pursuant to NRS 483.250 shall not, during the 3 months immediately succeeding the date on which the department issues a license to him pursuant to that section, transport as a passenger in a motor vehicle that he is driving any person under the age of 18 years unless that passenger is a member of his immediate family.

Sec. 3. NRS 483.250 is hereby amended to read as follows:

483.250 The department shall not issue any license[under]pursuant to the provisions of NRS 483.010 to 483.630, inclusive:

1. To any person who is under the age of 18 years, except that the department may issue:

(a) A restricted license to a person between the ages of 14 and 18 years pursuant to the provisions of NRS 483.267 and 483.270.

(b) An instruction permit to a person who is at least 15 1/2 years of age pursuant to the provisions of subsection 1 of NRS 483.280.

(c) A restricted instruction permit to a person under the age of 18 years pursuant to the provisions of subsection 3 of NRS 483.280.

(d) Except as otherwise provided in paragraph (e), a license to a person between the ages of[16]15 3/4 and 18 years[who] if:

(1) He has completed a course:

[(1)] (I) In automobile driver education pursuant to NRS 389.090; or

[(2)] (II) Provided by a school for training drivers licensed pursuant to NRS 483.700 to 483.780, inclusive, if the course complies with the applicable regulations governing the establishment, conduct and scope of automobile driver education adopted by the state board of education pursuant to NRS 389.090[,

and who] ;

(2) He has at least 50 hours of experience in driving a motor vehicle with a restricted license, instruction permit or restricted instruction permit issued pursuant to NRS 483.267, 483.270 or 483.280 [. The];

(3) His parent or legal guardian [of a person who desires to obtain a license pursuant to this paragraph must sign and submit]signs and submits to the department a form provided by the department which attests that the person who desires a license has completed the training and experience required by [this paragraph.]subparagraph (2); and

(4) He has held an instruction permit for at least 3 months before he applies for the license.

(e) A license to a person who is between the ages of [16]15 3/4 and 18 years if:

(1) The public school in which he is enrolled is located in a county whose population is less than 35,000 or in a city or town whose population is less than 25,000;

(2) The public school does not offer automobile driver education;

(3) He has at least 50 hours of experience in driving a motor vehicle with a restricted license, instruction permit or restricted instruction permit issued pursuant to NRS 483.267, 483.270 or 483.280; [and]

(4) His parent or legal guardian signs and submits to the department a form provided by the department which attests that the person who desires a license has completed the experience required by subparagraph (3) [.]; and

(5) He has held an instruction permit for at least 3 months before he applies for the license.

2. To any person whose license has been revoked until the expiration of the period during which he is not eligible for a license.

3. To any person whose license has been suspended, but [,] upon good cause shown to the administrator, the department may issue a restricted license to him or shorten any period of suspension.

4. To any person who has previously been adjudged to be afflicted with or suffering from any mental disability or disease and who has not at the time of application been restored to legal capacity.

5. To any person who is required by NRS 483.010 to 483.630, inclusive, to take an examination, unless he has successfully passed the examination.

6. To any person when the administrator has good cause to believe that by reason of physical or mental disability that person would not be able to operate a motor vehicle safely.

7. To any person who is not a resident of this state.

8. To any child who is the subject of a court order issued pursuant to paragraph (h) of subsection 1 of NRS 62.211, NRS 62.2255, 62.226 or 62.228 which delays his privilege to drive.

9. To any person who is the subject of a court order issued pursuant to NRS 206.330 which suspends or delays his privilege to drive until the expiration of the period of suspension or delay.

Sec. 4. NRS 483.280 is hereby amended to read as follows:

483.280 1. Any person who is at least 15 1/2 years of age may apply to the department for an instruction permit. The department may, in its discretion, after the applicant has successfully passed all parts of the examination other than the driving test, issue to the applicant an instruction permit entitling the applicant, while having the permit in his immediate possession, to drive a motor vehicle upon the highways for a period of [8 months]1 year when accompanied by a licensed driver who is at least 21 years of age, who has had at least 1 year of licensed driving experience in the type of vehicle for which the permit was issued and who is actually occupying a seat beside the driver, except when the permittee is occupying a motorcycle. The term “licensed driving experience” as used in this subsection does not include driving experience gained under an instruction permit issued pursuant to the provisions of this section.

2. The department may, in its discretion, issue a temporary driver’s permit to an applicant for a driver’s license permitting him to drive a motor vehicle while the department is completing its investigation and determination of all facts relative to the applicant’s right to receive a driver’s license. The permit must be in his immediate possession while driving a motor vehicle, and is invalid when the applicant’s license has been issued or for good cause has been refused.

3. The department, upon receiving proper application, may, in its discretion, issue a restricted instruction permit effective for a school year, or for a more restricted period, to an applicant who is enrolled in a driver education program which includes practice driving and which is approved by the department even though the applicant has not reached the legal age to be eligible for a driver’s license. The instruction permit entitles the permittee, when he has the permit in his immediate possession, to drive a motor vehicle only on a designated highway or within a designated area, but only when an approved instructor is occupying a seat beside the permittee.”.

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

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

2. Sections 5, 6 and 7 of this act become effective on October 1, 2001.”.

Amend the title of the bill, second line, after “schools;” by inserting: “prohibiting certain younger drivers from transporting certain persons as passengers for a certain period after obtaining a driver’s license; requiring certain younger drivers to hold an instruction permit for a certain period before applying for a driver’s license; extending the period for which a person is authorized to hold an instruction permit;”.

Amend the summary of the bill to read as follows:

“SUMMARY—Revises provisions concerning education and training of drivers. (BDR 34-1011)”.

Senator Rawson moved the adoption of the amendment.

Remarks by Senators Rawson and Jacobsen.

Amendment adopted.

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

Assembly Bill No. 380.

Bill read second time.

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

Amendment No. 689.

Amend section 1, page 2, line 13, by deleting “5:” and inserting “[5:] 6:”.

Amend section 1, page 2, by deleting lines 21 and 22 and inserting: “in a classification that is commensurate with the level of education acquired by the teacher, as set forth in the applicable negotiated agreement with the present employer.”.

Amend section 1, page 2, by deleting lines 31 through 43 and inserting:

“5. In determining the salary of a licensed administrator, other than the superintendent of schools, who is employed by a school district after the administrator has been employed by another school district in this state, the present employer shall, except as otherwise provided in subsection 6:

(a) Give the administrator the same credit for previous administrative service as he was receiving from his former employer, at the end of his former employment;

(b) Give the administrator credit for his final year of service with his former employer, if credit for that service is not otherwise included in the credit given pursuant to paragraph (a); and

(c) Place the administrator on the schedule of salaries of the school district in a classification that is comparable to the classification the administrator had attained on the schedule of salaries of his former employer.

6. This section does not:

(a) Require a school district to allow a teacher or administrator more credit for previous teaching or administrative service than the maximum credit for teaching or administrative experience provided for in the schedule of salaries established by it for its licensed personnel.

(b) Permit a school district to deny a teacher or administrator credit for his previous teaching or administrative service on the ground that the service differs in kind from the teaching or administrative experience for which credit is otherwise given by the school district.

[6.] 7. As used in this section [, “previous] :

(a) “Previous administrative service” means the total of:

(1) Any period of administrative service for which an administrator received credit from his former employer at the beginning of his former employment; and

(2) His period of administrative service in his former employment.

(b) “Previous teaching service” means the total of:

[(a)] (1) Any period of teaching service for which a teacher received credit from his former employer at the beginning of his former employment; and

[(b)] (2) His period of teaching service in his former employment.”.

Amend the title of the bill by deleting the third and fourth lines and inserting: “the salary schedule in a classification that is commensurate with the level of education acquired by the teacher; requiring boards of trustees of school districts to give an administrator who has been employed by another school district in this state credit for his previous administrative service and place him on the salary schedule in a classification that is comparable to his former classification; revising provisions governing the employment status of certain”.

Senator Rawson moved the adoption of the amendment.

Remarks by Senator Rawson.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 476.

Bill read second time and ordered to third reading.

Assembly Bill No. 632.

Bill read second time.

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

Amendment No. 695.

Amend section 1, page 2, line 9, by deleting “16” and inserting “12”.

Amend section 1, page 2, line 13, by deleting “board a” and inserting: “board:

(a) A”.

Amend section 1, page 2, line 15, by deleting “hire.” and inserting: “hire; of

(b) Any other vessel who are below the deck or inside a cabin of the vessel.”.

Amend sec. 2, page 2, line 21, after “operator” by inserting: “and each passenger”.

Amend sec. 2, page 2, by deleting lines 24 through 28 and inserting:

“(c) Unless the operator is at least 12 years of age.”.

Amend the preamble of the bill, page 1, by deleting lines 4 through 6.

Amend the preamble of the bill, page 1, line 9, by deleting “16” and inserting “12”.

Amend the preamble of the bill, page 1, by deleting lines 10 through 12 and inserting:

“Whereas, It is estimated that requiring persons less than 12 years of age to wear properly fitted personal flotation devices may decrease by up to 85 percent the rate of fatalities by drowning of such persons; and”.

Amend the preamble of the bill, page 1, line 15, by deleting “16” and inserting “12”.

Amend the title of the bill, second line, by deleting “16” and inserting “12”.

Amend the summary of the bill to read as follows:

“SUMMARY—Prohibits operation of certain vessels unless persons less than 12 years of age are wearing personal flotation devices while vessel is under way. (BDR 43‑1487)”.

Senator Rhoads moved the adoption of the amendment.

Remarks by Senator Rhoads.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 639.

Bill read second time.

The following amendment was proposed by the Committee on Taxation:

Amendment No. 710.

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 366.110 is hereby amended to read as follows:

366.110 The department:

1. Shall enforce the provisions of this chapter.

2. May adopt and enforce regulations relating to the administration and enforcement of this chapter.

3. Shall, by regulation, define “incidentally operated or moved upon a highway” for the purpose of NRS 366.085.

4. May determine whether any particular vehicle not specified in NRS 366.085 is special mobile equipment.

[4. Shall, on or before March 1, 2001, prepare and submit a written report concerning the administration and enforcement, during the immediately preceding biennium, of the provisions of this chapter as those provisions relate to the use of special fuel, to the director of the legislature counsel bureau for transmittal to the 71st session of the legislature.]

Sec. 2. NRS 366.200 is hereby amended to read as follows:

366.200 1. The sale or use of special fuel for any purpose other than to propel a motor vehicle upon the public highways of Nevada is exempt from the application of the tax imposed by NRS 366.190. The exemption provided in this subsection applies only in those cases where the purchasers or the users of special fuel establish to the satisfaction of the department that the special fuel purchased or used was used for purposes other than to propel a motor vehicle upon the public highways of Nevada.

2. Sales made to the United States Government or any instrumentality thereof are exempt from the tax imposed by this chapter.

3. Sales made to any state, county, municipality, district or other political subdivision thereof are exempt from the tax imposed by this chapter.

4. Sales made to any person to be used to propel a motor vehicle which is dedicated for exclusive use as part of a system which:

(a) Operates motor vehicles for public transportation in an urban area;

(b) Transports persons who pay the established fare; and

(c) Uses public money to operate the system or acquire new equipment, are [exempted] exempt from the tax imposed by this chapter.

5. Sales made to any person for use in operating special mobile equipment are exempt from the tax imposed by this chapter.”.

Amend section 1, page 1, line 3, before “NRS” by inserting: “subsection 3 or 4 of”.

Amend section 1, page 1, by deleting line 17 and inserting: “special mobile equipment or farm equipment that contains in the fuel tank of the special mobile equipment or farm equipment”.

Amend section 1, page 2, by deleting lines 7 through 10 and inserting:

“(1) Owned or leased by the operator of the farm equipment; and

(2) Used to store or process the crops or agricultural products.”.

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

“AN ACT relating to taxes; exempting from the tax on special fuel sales of special fuel for use in operating special mobile equipment; limiting the circumstances under which special fuel must be dyed before it is removed for distribution from a rack; authorizing a person to operate or maintain on certain highways special mobile equipment or”.

Amend the summary of the bill to read as follows:

“SUMMARY—Revises provisions governing taxation, distribution and use of special fuel. (BDR 32‑1331)”.

Senator McGinness moved the adoption of the amendment.

Remarks by Senator McGinness.

Amendment adopted.

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

Assembly Bill No. 646.

Bill read second time and ordered to third reading.

Assembly Bill No. 660.

Bill read second time.

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

Amendment No. 688.

Amend section 1, page 1, line 18, by deleting “The” and inserting: “Except as otherwise provided in subsection 5, the”.

Amend section 1, page 2, line 12, after “5.” by inserting: “The board of trustees of a school district may require a licensed teacher or other person licensed by the superintendent of public instruction pursuant to NRS 391.033 who has taken a leave of absence from employment authorized by the school district to submit a set of his fingerprints as a condition of return to or continued employment with the school district if the board of trustees has credible information that the person has committed a felony or an offense involving moral turpitude during the period of his leave of absence.

6.”.

Amend section 1, page 2, line 20, by deleting: “[5 or] 6 or 7” and inserting: “[5 or 6] 7 or 8”.

Amend section 1, page 2, line 21, by deleting “6.” and inserting “7.”.

Amend section 1, page 2, line 36, by deleting “7.” and inserting “8.”.

Amend sec. 2, page 2, line 43, by deleting “5” and inserting “6”.

Amend the title of the bill, first line, after “prohibiting” by inserting: “under certain circumstances”

Senator Rawson moved the adoption of the amendment.

Remarks by Senators Rawson and Neal.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Joint Resolution No. 13.

Resolution read second time and ordered to third reading.

GENERAL FILE AND THIRD READING

Senate Bill No. 261.

Bill read third time.

The following amendment was proposed by the Committee on Finance:

Amendment No. 712.

Amend the bill as a whole by deleting sec. 44.5.

Amend the bill as a whole by deleting sec. 45.5.

Amend sec. 50, page 20, line 29, by deleting “renewal;” and inserting: “renewal pursuant to NRS 119A.654 or for any other reason;”.

Amend the bill as a whole by deleting sec. 51 and adding a new section designated sec. 51, following sec. 50.5, to read as follows:

“Sec. 51. NRS 119A.370 is hereby amended to read as follows:

119A.370 1. A time share must not be advertised or offered for sale within this state until the advertisement or offering is [approved by] filed with the division.

2. Each [advertisement must contain the processing number assigned to it by the division.

3. Each application for the approval of advertising] such filing must:

(a) Include the form and content of advertising to be used;

(b) Include the nature of the offer of gifts or other free benefits to be extended;

(d) Be accompanied by a filing fee of not more than $200, to be established by the division.

[4. The division shall render a decision upon an application for the approval of advertising or an offer for sale within 30 days after the date the application is filed.]”.

Amend the bill as a whole by adding a new section designated sec. 57.5, following sec. 57, to read as follows:

“Sec. 57.5. NRS 119A.4773 is hereby amended to read as follows:

119A.4773 1. A time share must not be advertised or offered for resale within this state until the advertisement or offering is [approved by] filed with the division.

2. Each [advertisement must contain the processing number assigned to it by the division.

3. Each application for the approval of advertising] such filing must include:

(a) The form and content of advertising to be used;

(b) The nature of the offer of gifts or other free benefits to be extended; and

[4. The division shall render a decision upon an application for the approval of advertising or an offer for resale within 30 days after the date the application is filed.]”.

Amend the bill as a whole by deleting sec. 74.5.

Amend the bill as a whole by deleting sec. 78 and renumbering sections 79 through 82 as sections 78 through 81.

Amend sec. 79, page 35, by deleting lines 9 through 11 and inserting:

“Sec. 78. NRS 119A.165 is hereby repealed.”.

Amend sec. 82, page 35, by deleting lines 19 through 23 and inserting:

“Sec. 81. 1. This section, sections 1 to 76, inclusive, and 78, 79 and 80 of this act become effective on October 1, 2001.”.

Amend sec. 82, page 35, line 24, by deleting “3.” and inserting “2.”.

Amend the text of repealed sections by deleting the text of NRS 119A.240, 119A.250, 119A.370 and 119A.4773.

Amend the title of the bill by deleting the fourth and fifth lines and inserting: “the department of business and industry; revising the requirements”.

Senator Raggio moved the adoption of the amendment.

Remarks by Senator Raggio.

Amendment adopted.

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

Senate Bill No. 307.

Bill read third time.

Roll call on Senate Bill No. 307:

Yeas—21.

Nays—None.

Senate Bill No. 307 having received a two-thirds majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Senate Bill No. 320.

Bill read third time.

Remarks by Senators Neal and Schneider.

Conflict of interest declared by Senator Raggio.

Roll call on Senate Bill No. 320:

Yeas—20.

Nays—None.

Not Voting—Raggio.

Senate Bill No. 320 having received a two-thirds majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 28.

Bill read third time.

Remarks by Senators Neal, Rawson and McGinness.

Roll call on Assembly Bill No. 28:

Yeas—21.

Nays—None.

Assembly Bill No. 28 having received a constitutional majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 56.

Bill read third time.

Roll call on Assembly Bill No. 56:

Yeas—21.

Nays—None.

Assembly Bill No. 56 having received a constitutional majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 59.

Bill read third time.

Roll call on Assembly Bill No. 59:

Yeas—20.

Nays—Neal.

Assembly Bill No. 59 having received a constitutional majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 60.

Bill read third time.

Roll call on Assembly Bill No. 60:

Yeas—21.

Nays—None.

Assembly Bill No. 60 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 61.

Bill read third time.

Roll call on Assembly Bill No. 61:

Yeas—21.

Nays—None.

Assembly Bill No. 61 having received a constitutional majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 96.

Bill read third time.

Roll call on Assembly Bill No. 96:

Yeas—21.

Nays—None.

Assembly Bill No. 96 having received a constitutional majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 99.

Bill read third time.

Roll call on Assembly Bill No. 99:

Yeas—21.

Nays—None.

Assembly Bill No. 99 having received a constitutional majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 101.

Bill read third time.

Roll call on Assembly Bill No. 101:

Yeas—20.

Nays—Neal.

Assembly Bill No. 101 having received a constitutional majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 130.

Bill read third time.

Remarks by Senators Neal and Rawson.

Roll call on Assembly Bill No. 130:

Yeas—21.

Nays—None.

Assembly Bill No. 130 having received a constitutional majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

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

Motion carried.

Senate in recess at 12:50 p.m.

SENATE IN SESSION

At 12:53 p.m.

President Hunt presiding.

Quorum present.

Assembly Bill No. 135.

Bill read third time.

Senator Raggio moved that Assembly Bill No. 135 be taken from the General File and placed on the General File for the next legislative day.

Remarks by Senator Raggio.

Motion carried.

Assembly Bill No. 160.

Bill read third time.

Remarks by Senators Neal and Carlton.

Roll call on Assembly Bill No. 160:

Yeas—21.

Nays—None.

Assembly Bill No. 160 having received a constitutional majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

MOTIONS, RESOLUTIONS AND NOTICES

Senator Raggio moved that Assembly Bills Nos. 180, 183, 200, 259, 266, 299, 337, 361, 384, 400, 427, 455, 481, 487, 497, 535, 538, 542, 549, 582, 586, 631, 634, 657, 663; Assembly Joint Resolutions Nos. 7, 12; Assembly Joint Resolutions Nos. 13, 26 of the 70th Session, be taken from the General File and placed on the General File for the next legislative day.

Motion carried.

UNFINISHED BUSINESS

Signing of Bills and Resolutions

There being no objections, the President and Secretary signed Senate Bills Nos. 233, 414; Senate Concurrent Resolutions Nos. 39, 40, 41; Assembly Bill No. 155; Assembly Concurrent Resolutions Nos. 7, 32, 33.

REMARKS FROM THE FLOOR

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

Senator Rawson:

Madam President, this was a weekend of reflection for me. Sunday was Mother’s Day, always a special day. We did not make many comments about it before we left for the weekend partly because we are pressed for time—partly because we did not want to keep people from meeting their planes. My comments are not profound, not the final word and are not necessarily agreeable to everyone, but they are my opinions, and I would like to express my support for Mother’s Day.

There was an interesting development last week. Parents whose children attend a pricey Manhattan private school were informed by a note from the school that the school would no longer celebrate Mother’s Day or Father’s Day. John McEnroe sends his children to the school. Tuition runs around $20,000 a year. I would like to quote from some of the note that was tucked into their backpacks.

The note stated, “I am writing this letter to inform you that after much thought and discussion this past year, we will not be celebrating Mother’s Day and Father’s Day.” This note was written by Cindi Samson, director of the school’s lower elementary division. She continued, “At this time, these holidays are not needed to enhance our writing and arts programs. Second, families in our society are now diverse and varied. We are a school with many different family makeups, and we need to recognize the emotional well-being of all the children in our school. Holidays that serve no educational purpose and are not vital to the children’s education need to be evaluated in terms of their importance in a school setting, as the recognition of these holidays in a social setting may not be a positive experience for all children.”

In response to the letter, one mother wrote, “This is an inappropriate and politically correct response.” She declined to be identified, and I found that it is interesting that as outraged as she was, she still felt the pressure to not be identified because of the effect it might have on her child.

I would like to pay some tribute to mothers today. It has been recognized for thousands of years that our mothers are important. They have been acknowledged through poetry and through praise, but even with all of the positive things we say, it is often a bittersweet day for women. It can be hurtful for those who do not have children. Some women are not honored by their husbands or their children. Some may even have grudges against their own mothers.

Mothers, and indeed all noble women, should be honored on these occasions. I learned in my dental and medical training that women are, biologically, the highest form of life on the face of the earth. I believe that. All of us had a mother. No one else could have brought us into this life, and because it is so natural and so simple, it is overlooked sometimes. I lost my mother a few years ago, and now I realize that I owe her for all of my attitudes, perceptions, instincts; my compassion and understanding. I think overworked and sometimes under appreciated wives say that most men are looking for a mother when they marry. We have all heard that comment at some time, and there may be some truth to it. There are meals, socks, shirts and all of those things, but we tried to raise our boys to be able to take care of their own laundry and to be able to cook for themselves if they needed. Even so, it can be a difficult transition from one household to another.

With our wives, we establish the only immortality we may hope to have. There isn’t anything we will do here that will live on for any significant time. There is no project, no bill, no law—nothing that we will be involved in that will guarantee that any of us will be remembered the day after we leave this floor. I can look at my children and my 18 grandchildren and say, “There is something that will live on.” We need to create the best situation we possibly can for our wives, our daughters and for the women with whom we work. We dishonor our mothers, our wives, our children and ourselves if we fail to create the best situation. I think, at least, we are ungrateful, and probably worse, we do not do all that we can to lighten the load of all women. I understand, these comments might be offensive to some who feel that honoring women is just a tool to keep our thumb on them or to keep them downtrodden, but I would like to express my love and appreciation for my wife. I admire her ability to put up with all that she does. I appreciate the load she takes on herself for me. Marriage is more than just the running of a house and keeping up with the birthdays and all of the grandchildren. She is my best friend and confidant. She is also my conscience, my judge and my jury. I saw in her, again, this weekend, perhaps because it was a special weekend, why I married her. She is noble; she is fun; she is talented, and to me, the definition of all that is lovely and of good report.

I do not have the words to say all the words I would like to say, today, but I would like to pay tribute to all mothers and all women. My mother was born during WWI. My grandfather lost his legs. She grew up poor. She married and lived through the Depression. Things have changed, and we often feel it has gotten a lot easier today, but I am not certain that it is. Attitudes have changed, but I do not think, as men, we will ever understand all of the cares, the concerns and the loads that women take.

I spent a few minutes reading through the United Nation’s Report on the Status of Women including their health care. It was 27 pages long, and in all of that report, there was no reference to the role of men and boys in improving the status of women. The time has come for us as men and for our boys to assume responsibility for treating women better. It is unacceptable for us to tolerate abusive or exploitive behavior. The time has come when it isn’t appropriate for us to listen to the jokes or to tell the jokes that are degrading to women. The time has come both in the locker room and in the sport centers to tell the guy who is abusive of his wife or who downgrades his wife or daughter or other women, that we do not want anything to do with him. We should tell him we will not associate with him. We should not respect nor tolerate that behavior.

Womanhood is important to us. In their seeking of equality, I think many women have felt that they need to be equal in every way to men. I challenge women not to lower themselves to the power and the backroom and some of the tactics used by men in the past. Women should demand that we rise to their standards. I think, then, the world will be a better place.

Senator Jacobsen:

Madam President, yesterday, Betty and I celebrated our fiftieth wedding anniversary. It seemed like a long time, then again, it seemed like yesterday. I would like to indicate to you that in listening to Ray’s words, my wife and I, in 50 years, never had a family argument. We have never raised our voices to each other. As we said our prayers last night, we thanked the Good Lord for our family, our friends and especially our children. I want to say, today, to each and every one of you that you have been part of my life. I take a lot of pride in that.

GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR

On request of Senator Amodei, the privilege of the floor of the Senate Chamber for this day was extended to the following students from the Fritsch Elementary School: Kevin Liston, McKenzie Groth, Lucas Hahne, Maria Peregrina, Yessenia Montes, Lucero Castillo, Michelle Kop, Kellie Hickenbottom, Lydia Peri, Alissa Natson, Savina Brown, Tessa Richards, Erica McCraw, Afredo Hernandez, Mike Atkinson, Daine Eichenberger, Mike Arnold, Drew Heller, Zach Werner, Tyler Walker, Richone Cancimilla, Chandni Karia, Kim O'Connell, Ian Anrig, Todd Banko, Katie Baxter, Mike Katelnikoff, Betty Scroggin and teacher: Corinne Callahan.

On request of Senator James, the privilege of the floor of the Senate Chamber for this day was extended to Robert Forbuss.

On request of Senator Raggio, the privilege of the floor of the Senate Chamber for this day was extended to Estelle Cartledge, Barbara Wagner, Linda Buckley, Gail Allen, Martha Wells, Fran Arguello, Kitty Tyler and Susan Robinson.

On request of Senator Rawson, the privilege of the floor of the Senate Chamber for this day was extended to Donald D. Snyder and Scott MacTaggart.

On request of Senator Rhoads, the privilege of the floor of the Senate Chamber for this day was extended to John Ellison and Margaret McClendon.

On request of Senator Titus, the privilege of the floor of the Senate Chamber for this day was extended to Jean Peyton, Sue Wedde, Debra Roberts, Charlotte Kiffer, Trip Barthel and Phil Bouchard.

On request of Senator Townsend, the privilege of the floor of the Senate Chamber for this day was extended to Jim Hassler and Joan Hassler.

Senator Raggio moved that the Senate adjourn until Tuesday, May 15, 2001 at 11 a.m.

Motion carried.

Senate adjourned at 1:11 p.m.

Approved:Lorraine T. Hunt

President of the Senate

Attest: Claire J. Clift

Secretary of the Senate