THE ONE HUNDREDTH DAY
Carson City(Tuesday), May 15, 2001
Senate called to order at 11:41 a.m.
President Hunt presiding.
Roll called.
All present.
Prayer by the Chaplain, Pastor Stan Friend.
Almighty God our Heavenly Father, send down upon those who hold office in this State the spirit of wisdom, charity and justice, that with steadfast purpose they may faithfully serve in their offices to promote the well being of all people, in Your Name we pray.
Amen.
Pledge of allegiance to the Flag.
Senator Raggio moved that further reading of the Journal be dispensed with, and the President and Secretary be authorized to make the necessary corrections and additions.
Motion carried.
REPORTS OF COMMITTEES
Madam President:
Your Committee on Finance, to which were referred Senate Bills Nos. 247, 461, 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 Finance, to which was re-referred Senate Bill No. 135, 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 Government Affairs, to which were referred Assembly Bills Nos. 63, 93, 95, 117, 163, 179, 458, 537, 571, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also, your Committee on Government Affairs, to which was referred Assembly Bill No. 128, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Ann O'Connell, Chairman
Madam President:
Your Committee on Human Resources and Facilities, to which was referred Assembly Bill No. 173, 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 Natural Resources, to which was referred Assembly Bill No. 629, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Dean A. Rhoads, Chairman
Madam President:
Your Committee on Transportation, to which was referred Senate Joint Resolution No. 8, 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, May 14, 2001
To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day passed Senate Bills Nos. 20, 46, 75, 172, 225, 394, 517, 555.
Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bill No. 199.
Also, I have the honor to inform your honorable body that the Assembly amended, and on this day passed, as amended, Senate Bill No. 272, Amendment No. 696, and respectfully requests your honorable body to concur in said amendment.
Also, I have the honor to inform your honorable body that the Assembly on this day adopted Senate Concurrent Resolutions Nos. 42, 43.
Patricia R. Williams
Assistant Chief Clerk of the Assembly
MOTIONS, RESOLUTIONS AND NOTICES
By Senators Jacobsen, Amodei, Care, Carlton, Coffin, James, Mathews, McGinness, Neal, O'Connell, O'Donnell, Porter, Raggio, Rawson, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington, Wiener; Assemblymen Hettrick, Anderson, Angle, Arberry, Bache, Beers, Berman, Brower, Brown, Buckley, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Dini, Freeman, Gibbons, Giunchigliani, Goldwater, Gustavson, Humke, Koivisto, Lee, Leslie, Manendo, Marvel, McClain, Mortenson, Neighbors, Nolan, Oceguera, Ohrenschall, Parks, Parnell, Perkins, Price, Smith, Tiffany, Von Tobel and Williams:
Senate Concurrent Resolution No. 44—Memorializing prominent Nevada rancher Brooks Park.
Whereas, On January 27, 2000, the residents of Nevada were saddened by the loss of Brooks Park, a third-generation Nevadan and patriarch of a prominent Carson Valley ranching family; and
Whereas, Brooks Park was born in Reno on August 31, 1912, attended Douglas County schools and graduated from the University of Nevada; and
Whereas, Unity and David Brooks Park journeyed from Canada to Nevada, arriving in Mottsville in 1863, before Nevada became a state, and began ranching in the valley, while running a large dairy operation at Lake Tahoe in the summers; and
Whereas, Brooks Park, their grandson, carried on the legacy of his pioneering family by prospering and living off the land, passing that legacy on to his children, grandchildren and great-grandchildren; and
Whereas, In 1896, the Park family purchased Friday’s Station, which had served as a stage line for Wells Fargo Express and the Pony Express, and which was known for the finest hunting and fishing in the Lake Tahoe area; and
Whereas, In 1965, at the site of Friday’s Station, Brooks Park had the vision to create Edgewood Tahoe Golf Course, which is now known as a world-class golf course with spectacular views of Lake Tahoe and the surrounding mountains, and which was rated by Golf Digest as one of “America’s Top 100 Golf Courses”; and
Whereas, In 1935, Brooks Park formed the Park Cattle Company and continued to expand on his land holdings, becoming the largest property owner in Douglas County; and
Whereas, In 1937, Brooks Park married Jeanne Cardinal, whom he had known since grade school and who was a descendant of another prominent Nevada family, the Dangbergs; and
Whereas, In the early 1960s, the Park family leased some of their land at Lake Tahoe, which had been used for grazing cattle and sheep, to several large casinos which remain on that land today; and
Whereas, The Carson Valley rancher is fondly remembered by his family and friends as a hardworking visionary and environmentalist, with a passionate love for ranching and for the land, who once told one of his grandchildren that the Carson Valley was the “most beautiful place in the world”; and
Whereas, Bruce Park believes that his father’s most endearing qualities were his perseverance, integrity and sense of humor; and
Whereas, Brooks Park was a devout Catholic and an active member of St. Gall Catholic Church; and
Whereas, Brooks Park was a very proud family man and will be greatly missed by his wife, 3 children, 14 grandchildren and 12 great-grandchildren; 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 and the residents of Nevada offer their heartfelt sympathy and condolences to the family and friends of Brooks Park; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Jeanne, Brooks’ wife of 63 years, and to his children, Bruce Park of Minden, Kay Seeliger of Reno and Jeanne Blach of Elko.
Senator Jacobsen moved the adoption of the resolution.
Remarks by Senator Jacobsen.
Senator Jacobsen requested that his remarks be entered in the Journal.
Thank you, Madam President, fellow colleagues and all those present, I would indicate to you that Brooks Park was one of my favorite people.
There are a lot of stories I could tell you about Brooks, some of them might not be too proper here but would be all right with the family. I do want to tell a little story first about his wife. We all rode the same bus in Douglas County on Highway 395, about twelve families. The bus was a 1920 Dodge painted black instead of yellow. I had said this many times that Brooks’ wife had the best-looking legs on the bus. She knows that, and I have always said that and still believe it.
Let me say that her husband was just a joy to be around. We had a little breakfast group at Sharkey’s that met every Sunday morning before church. We solved all the problems of Douglas County and of the world, I might say. Fred Dressler, an old saint out of Douglas County, Fred’s son Frederick, Louis Bergevin, who spent many years as an Assemblyman, was also with us and some other old-timers out in the valley. The only problem was every Sunday the tab switched around depending on the crowd. You tried to pick a time when there were not too many there because you had to pick up the tab. We heard some of the greatest stories I have ever heard in my life from Fred Dressler, and Indian stories from Brooks that had been passed on from his father. Sometimes I would go home from breakfast and my stomach would actually hurt from laughing.
Brooks was one of those solid individuals whose word was gospel and you never had a doubt. He loved Douglas County, the valley area, the lake area and Mono County. He truly loved his family and was very proud of them. It is interesting to note, today, that each one of us has a heritage, and a lot of times, we do not think much about it. We take it all for granted, especially, those who helped us along the way. Douglas County is certainly no exception.
Many years ago, everybody knew everybody. We had a phone system that was the type that hung on the wall and you had to “ring it.” There were 19 families on our line, the Park family, the Cardinal family. There were no secrets. Everybody knew each family’s problems. It had a lot of advantages. If someone was sick or had some emergency, you did not have to holler for help. Someone always showed up, and Brooks was one of those.
I do not think I would have ever become an Assemblyman or Senator without his support. If there was any worthy cause in Douglas County, he was always the first one there and the first one to give his support. I would ask each and every one of you to support this resolution because it is like the frosting on the cake. I am just sorry he is not here with his dry sense of humor and the wit that went along with it. He was a true Nevadan and a great American.
Resolution adopted.
Senator Jacobsen moved that all rules be suspended and that Senate Concurrent Resolution No. 44 be immediately transmitted to the Assembly.
Motion carried unanimously.
Senator Jacobsen moved that the Senate recess subject to the call of the Chair.
Motion carried.
Senate in recess at 11:55 a.m.
SENATE IN SESSION
At 11:57 a.m.
President Hunt presiding.
Quorum present.
By Senators Raggio, Amodei, Care, Carlton, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O'Connell, O'Donnell, Porter, Rawson, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington, Wiener; Assemblymen Dini, Anderson, Angle, Arberry, Bache, Beers, Berman, Brower, Brown, Buckley, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Freeman, Gibbons, Giunchigliani, Goldwater, Gustavson, Hettrick, Humke, Koivisto, Lee, Leslie, Manendo, Marvel, McClain, Mortenson, Neighbors, Nolan, Oceguera, Ohrenschall, Parks, Parnell, Perkins, Price, Smith, Tiffany, Von Tobel and Williams:
Senate Concurrent Resolution No. 45—Memorializing award-winning author Robert Laxalt.
Whereas, On March 23, 2001, Nevada residents, the Basque community and the world of literature lost a friend, counselor and literary genius with the death of Robert Laxalt, renowned Nevada author whose books have won critical acclaim and awards throughout the United States, the United Kingdom, Continental Europe and South America; and
Whereas, The son of Basque immigrants, Robert Laxalt was born September 24, 1923, in Alturas, California, and grew up in Carson City, where his mother, Therese, operated a boarding house, and in the surrounding hills where he spent his childhood summers with his sheepherder father, Dominique; and
Whereas, Robert was called “Frenchy” by his family and friends and was a natural welterweight boxer who loved boxing and whose fighting spirit in the boxing ring was always faintly present in his writings; and
Whereas, Robert’s studies at Santa Clara University were interrupted by World War II, but he graduated in 1947 from the University of Nevada, Reno, with a degree in English, and it was during the years as a student in Reno that he became a correspondent for the Nevada State Journal and also contributed a regular Nevada history feature called “Tales Old-Timers Tell,” which became the basis for his first book published in 1950; and
Whereas, As with many of Robert Laxalt’s life experiences, his service during World War II in the American Foreign Service became the subject of his novel, A Private War: An American Code Officer in the Belgian Congo; and
Whereas, Although Robert enjoyed being a news reporter, he left his job as a United Press correspondent when the company wanted him to move to Mexico City or Los Angeles, and in 1954, he joined the University of Nevada as the Director of News and Publications; and
Whereas, Understanding the difficulties encountered by Nevada writers in getting works published and seeing a need to tell the stories of these writers, Robert Laxalt founded the University of Nevada Press in 1961 and served as its Director until his retirement in 1983 when he was designated Director Emeritus; and
Whereas, A professor at the Reynolds School of Journalism for over a decade, Robert Laxalt was also a mentor to his students and his advice to them, which describes his own life, was to “Take your writing seriously, but don’t take yourselves too seriously”; and
Whereas, Sweet Promised Land, Robert Laxalt’s moving memoir of his father’s immigration to the American West, is considered an American classic because of its universal themes of ethnic pride and struggle, and the opening line, “My father was a sheepherder, and his home was the hills,” is credited with putting Nevada’s Basque community on the map and helping to launch the Basque Studies Program at the University of Nevada, Reno; and
Whereas, Drawing on his Basque heritage as the inspiration for many of his 17 books, Robert Laxalt emerged as the principal voice of Basques in America and was one of the forces that led the University of Nevada, Reno, to become the major center for Basque studies in America; and
Whereas, The love Robert Laxalt had for Nevada is evident in many of the stories he wrote that are deeply rooted in Nevada soil and filled with Nevada characters which he brought to life through his own unique, compassionate and caring view of the world; and
Whereas, Described as soft-spoken, polite and self-effacing by those who knew him, Robert Laxalt’s priority was his family and he is survived by his wife, Joyce, whose photographs illustrate his book, The Land of My Fathers: A Son’s Return to the Basque Country, by his son, Bruce, and daughters, Monique Laxalt Urza and Kristin Laxalt Nomura, who remember the rhythmic tapping of their father’s trusty Royal typewriter as the background music of their childhood home, by his grandchildren, Gabriel, Alexandra, Amy and Kevin, and by his brothers, Paul, John and Peter, and his sisters, Suzanne Laxalt and Marie Laxalt Bini, and several nieces and nephews; 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 hereby express their deepest sympathy to the family and countless friends of Robert Laxalt; and be it further
Resolved, That the sensitivity and insight that were an integral part of Robert Laxalt will live forever in his books and will continue to inspire readers to develop a profound appreciation of their own unique heritage; and be it further
Resolved, That, on seeing the state flower, Nevadans may remember with pride the comparison Robert Laxalt made when he wrote “How very much like the sagebrush the people are, at least in the hinterland that makes up most of Nevada, setting down roots and thriving in unlikely places, hardy and resilient, stubborn and independent, restrained by environment and yet able to grow free”; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Robert Laxalt’s loving wife, Joyce.
Senator Raggio moved the adoption of the resolution.
Remarks by Senators Raggio, Titus and Coffin.
Senator Raggio requested that the following remarks be entered in the Journal.
Senator Raggio:
Thank you, Madam President. I know many in this Senate Chamber were personal friends of Robert Laxalt. We were all stunned this March when we learned he had passed away. As you recall, we had a moment of silence, and we adjourned in his memory.
The resolution, as long as it is, really does not do Bob Laxalt justice. He was a unique individual, from a unique family. The Laxalt family immigrated to this country and settled here in the hills of Nevada. They left a great heritage. To a person, each of the children succeeded in life in different ways and at different levels. Bob’s brother Paul is a former Governor and United States Senator. Another brother is an outstanding lawyer. His sisters had their own accomplishments. The quietest and most subdued of the children of Dominique and Therese was Robert. He belied the attitude of the family. He was the least outgoing, even though as a child he spent his summers with his father in the hills and then went on to become a boxer. You would not have known that had you known him later in life. He was not an aggressive person, but this indicates he was someone who accepted a challenge.
His greatest challenge in life was making certain the heritage he inherited would be remembered in a proper way. He became one of Nevada’s best-known authors. His works were known, not only locally but also throughout this country and throughout the world. His books about the Basque country and about his life and his family’s life in Nevada have been acclaimed as some of the best. He won many awards for his efforts. His greatest gift to this State was the creation of the University Press at the University of Nevada, Reno. The University Press has been the reason for recognition of a great many authors in this State. The publications list from the Nevada Press is a long list. They represent a wide variety of life in this State, particularly in the West. It was through his farsighted vision that the University Press, one of the best in this country, was created and now exists. He became the Director Emeritus of the Nevada Press.
The resolution speaks for itself, but it doesn’t quite tell the whole story about what an amazing individual he was and the fact that, even though he accomplished so much, he was pretty shy and self-effacing. He never asked for a lot of credit or recognition. Those of us who had the pleasure of knowing him personally enjoyed his wit, his demeanor and were the beneficiaries of many of his contributions. When I was a candidate for United States Senate in 1970, even though I wasn’t successful, it wasn’t because of Bob Laxalt. He helped me write speeches. He knew a lot more than I did, and I can say that on many occasions he made me look good.
I have a personal reason to remember him, not only on that occasion but also throughout our lives, our paths crossed many times. He was a person I admired a great deal. I think the residents of this State certainly appreciate all of his efforts in recognizing the virtues and the values of living in this State. The books mentioned in the resolution are books that will live a long time. There are not many of us who have that recognition for what we have done. They will survive for decades after we are gone. It is most fitting that we recognize Robert Laxalt, this award winning author, this great Nevadan and this very fine gentleman today. Thank you.
Senator Titus:
I rise in support of this resolution memorializing a truly great Nevadan, Robert Laxalt. In a straightforward, yet eloquent style, reminiscent of Ernest Hemmingway, he recounted tales of his Basque heritage and about the State he loved. Through all of these, Robert Laxalt, to borrow a phrase from a review of his book, Sweet Promised Land, “showed his deeply felt concern with the modern individual’s need for meaning, for a sense of place and identity.”
We are indebted to him for delighting us with his words, for encouraging scholarship, through his establishment of the University of Nevada Press, and for inspiring us through his own life and accomplishments. We will miss him, but Nevada and the world will always have his stories.
Senator Coffin:
I met Robert Laxalt late in his life and early in my career as an antique bookseller. I travel around the world accumulating inventory. I buy everything about Nevada. One day, I saw a paperback book sitting on a dusty shelf in a little store in Ohio. I picked it up and saw that it was one of Robert Laxalt’s books so I bought it. It was only a couple of dollars. It was one I had never heard of. I thought his first book was Sweet Promised Land. The book is never mentioned in his following works as frequently an author’s work is mentioned in the beginning of the book. Sweet Promised Land is always mentioned as the author’s first work. In fact, in 1950, he did publish a book called The Violent Land. That is referenced in our resolution as his first book published in 1950. I can understand that the Research Division might not have been able to find the title because the book is probably one of the rarest books on Nevada history, which could be attained today. If anyone has a paperback book called the Violent Land with Robert Laxalt’s name on it, I can say there is a market for it. On the other hand, you should keep it because it is one of the true classics and Nevada’s most published author’s first work. It is terribly undervalued, and you will not find one for sale in the world today. I have searched the Internet, and there isn’t one available anywhere.
Resolution adopted.
Senator Raggio moved that all rules be suspended and that Senate Concurrent Resolution No. 45 be immediately transmitted to the Assembly.
Motion carried unanimously.
Senator Raggio moved that the Senate recess subject to the call of the Chair.
Motion carried.
Senate in recess at 12:13 p.m.
SENATE IN SESSION
At 12:20 p.m.
President Hunt presiding.
Quorum present.
INTRODUCTION, FIRST READING AND REFERENCE
Assembly Bill No. 199.
Senator Rawson moved that the bill be referred to the Committee on Natural Resources.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 6.
Bill read second time and ordered to third reading.
Assembly Bill No. 54.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 663.
Amend section 1, page 1, lines 4 and 5, by deleting: “kidnapping, attempted murder or felony aggravated stalking,” and inserting: “kidnapping or attempted murder,”.
Amend section 1, page 1, line 8, by deleting “12” and inserting “5”.
Amend section 1, page 1, line 13, by deleting “section:” and inserting “section,”.
Amend section 1, page 1, by deleting lines 14 and 15.
Amend section 1, page 1, line 16, by deleting “(b) “Law” and inserting ““law”.
Amend the bill as a whole by renumbering sections 4 and 5 as sections 6 and 7 and adding new sections designated sections 4 and 5, following sec. 3, to read as follows:
“Sec. 4. Chapter 176 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If the division is supervising a probationer or parolee pursuant to an interstate compact and the probationer or parolee is or has been convicted in another jurisdiction of violating a law that prohibits the same or similar conduct as an offense listed in subsection 4 of NRS 176.0913, the division shall arrange for a biological specimen to be obtained from the probationer or parolee.
2. After a biological specimen is obtained from a probationer or parolee pursuant to this section, the division shall:
(a) Provide the biological specimen to the forensic laboratory that has been designated by the county in which the probationer or parolee is residing to conduct or oversee genetic marker testing for the county pursuant to NRS 176.0917; and
(b) Submit the name, social security number, date of birth and any other information identifying the probationer or parolee to the central repository for Nevada records of criminal history.
3. A probationer or parolee, to the extent of his financial ability, shall pay the sum of $150 to the division as a fee for obtaining the biological specimen and for conducting the analysis to determine the genetic markers of the biological specimen. Except as otherwise provided in subsection 4, the fee required pursuant to this subsection must be collected from a probationer or parolee at the time the biological specimen is obtained from the probationer or parolee.
4. A probationer or parolee may arrange to make monthly payments of the fee required pursuant to subsection 3. If such arrangements are made, the division shall provide a probationer or parolee with a monthly statement that specifies the date on which the next payment is due.
5. Any unpaid balance for a fee required pursuant to subsection 3 is a charge against the division.
6. The division shall deposit money that is collected pursuant to this section in the fund for genetic marker testing, which is hereby created in the state general fund. The money deposited in the fund for genetic marker testing must be used to pay for the actual amount charged to the division for obtaining biological specimens from probationers and parolees, and for conducting an analysis to determine the genetic markers of the specimens.
Sec. 5. NRS 176.0911 is hereby amended to read as follows:
176.0911 As used in NRS 176.0911 to 176.0917, inclusive, and section 4 of this act, unless the context otherwise requires, “CODIS” means the Combined DNA Indexing System operated by the Federal Bureau of Investigation.”.
Amend sec. 4, page 2, line 34, by deleting “[4,] 6,” and inserting “4,”.
Amend sec. 4, page 3, by deleting lines 7 through 22 and inserting: “176.0917. Any cost that is incurred to obtain [the samples of blood from the] a biological specimen from a defendant pursuant to this subsection is a charge against the county in which the defendant was convicted”.
Amend sec. 4, page 3, line 24, by deleting “[4.] 6.” and inserting “4.”.
Amend the bill as a whole by renumbering sections 6 and 7 as sections 9 and 10 and adding a new section designated sec. 8, following sec. 5, to read as follows:
“Sec. 8. NRS 176.0917 is hereby amended to read as follows:
176.0917 1. The board of county commissioners of each county shall designate a forensic laboratory to conduct or oversee for the county any genetic marker testing that is ordered or arranged pursuant to NRS 176.0913[.] or section 4 of this act.
2. The forensic laboratory designated by the board of county commissioners pursuant to subsection 1:
(a) Must be operated by this state or one of its political subdivisions; and
(b) Must satisfy or exceed the standards for quality assurance that are established by the Federal Bureau of Investigation for participation in CODIS.”.
Amend sec. 6, page 4, by deleting lines 48 and 49 and inserting: “a person who is convicted of [sexual assault or any other sexual] a criminal offense, to the division in the”.
Amend sec. 6, page 5, by deleting lines 20 and 21 and inserting: “assault or any other sexual] a criminal offense.”.
Amend the bill as a whole by deleting sec. 8 and renumbering sections 9 through 11 as sections 11 through 13.
Amend sec. 9, page 8, lines 2 and 3, by deleting: “kidnapping, attempted murder or felony aggravated stalking” and inserting: “kidnapping or attempted murder”.
Amend sec. 10, page 8, line 6, by deleting “7,” and inserting “10,”.
Amend the title of the bill by deleting the second and third lines and inserting: “which a prosecution for kidnapping or attempted murder must be commenced; revising certain provisions concerning”.
Senator Care moved the adoption of the amendment.
Remarks by Senator Care.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assembly Bill No. 83.
Bill read second time and ordered to third reading.
Assembly Bill No. 105.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 664.
Amend sec. 5, page 2, by deleting lines 35 and 36 and inserting:
“202.260 1. A person who unlawfully possesses, manufactures [,] or disposes of any”.
Senator Porter moved the adoption of the amendment.
Remarks by Senator Porter.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assembly Bill No. 108.
Bill read second time and ordered to third reading.
Assembly Bill No. 110.
Bill read second time and ordered to third reading.
Assembly Bill No. 125.
Bill read second time and ordered to third reading.
Assembly Bill No. 210.
Bill read second time and ordered to third reading.
Assembly Bill No. 214.
Bill read second time.
The following amendment was proposed by the Committee on Human Resources and Facilities:
Amendment No. 758.
Amend sec 5.1, pages 6 and 7, by deleting lines 12 through 49 on page 6 and lines 1 through 44 on page 7, and inserting:
“Sec. 5.1. 1. Except as otherwise provided in subsection 8, if the department determines:
(a) That at least one irregularity in testing administration occurred at a school, including, without limitation, a charter school, during 1 school year on the examinations administered pursuant to NRS 389.015, excluding the high school proficiency examination;
(b) That in the immediately succeeding school year, at least one additional irregularity in testing administration occurred at that school on the examinations administered pursuant to NRS 389.015, excluding the high school proficiency examination; and
(c) Based upon the criteria set forth in subsection 5, that the irregularities described in paragraphs (a) and (b) warrant an additional administration of the examinations, the department shall notify the school and the school district in which the school is located that the school is required to provide for an additional administration of the examinations to pupils who are enrolled in a grade that is required to take the examinations pursuant to NRS 389.015, excluding the high school proficiency examination, or to the pupils the department determines must take the additional administration pursuant to subsection 6. The additional administration must occur in the same school year in which the irregularity described in paragraph (b) occurred. The school district shall pay for all costs related to the administration of examinations pursuant to this subsection.
2. If the department determines that:
(a) At least one irregularity in testing administration occurred at a school, including, without limitation, a charter school, during 1 school year on the examinations administered pursuant to NRS 389.550;
(b) In the immediately succeeding school year, at least one additional irregularity in testing administration occurred at that school on the examinations administered pursuant to NRS 389.550; and
(c) Based upon the criteria set forth in subsection 5, that the irregularities described in paragraphs (a) and (b) warrant an additional administration of the examinations, the department shall notify the school and the school district in which the school is located that the school is required to provide for an additional administration of the examinations to pupils who are enrolled in a grade that is required to take the examinations pursuant to NRS 389.550 or to the pupils the department determines must take the additional administration pursuant to subsection 6. The additional administration must occur in the same school year in which the irregularity described in paragraph (b) occurred. The school district shall pay for all costs related to the administration of examinations pursuant to this subsection.
3. If the department determines that:
(a) At least one irregularity in testing administration occurred at a school, including, without limitation, a charter school, during 1 school year on the examinations administered pursuant to NRS 389.015, excluding the high school proficiency examination;
(b) In the immediately succeeding school year, at least one additional irregularity in testing administration occurred at that school on the examinations administered pursuant to NRS 389.550; and
(c) Based upon the criteria set forth in subsection 5, that the irregularities described in paragraphs (a) and (b) warrant an additional administration of the examinations, the department shall notify the school and the school district in which the school is located that the school is required to provide for an additional administration of the examinations to pupils who are enrolled in a grade that is required to take the examinations pursuant to NRS 389.550 or to the pupils the department determines must take the additional administration pursuant to subsection 6. The additional administration must occur in the same school year in which the irregularity described in paragraph (b) occurred. The school district shall pay for all costs related to the administration of examinations pursuant to this subsection.
4. Except as otherwise provided in subsection 8, if the department determines that:
(a) At least one irregularity in testing administration occurred at a school, including, without limitation, a charter school, during 1 school year on the examinations administered pursuant to NRS 389.550;
(b) In the immediately succeeding school year, at least one additional irregularity in testing administration occurred at that school on the examinations administered pursuant to NRS 389.015, excluding the high school proficiency examination; and
(c) Based upon the criteria set forth in subsection 5, that the irregularities described in paragraphs (a) and (b) warrant an additional administration of the examinations, the department shall notify the school and the school district in which the school is located that the school is required to provide for an additional administration of the examinations to pupils who are enrolled in a grade that is required to take the examinations pursuant to NRS 389.015, excluding the high school proficiency examination, or to the pupils the department determines must take the additional administration pursuant to subsection 6. The additional administration must occur in the same school year in which the irregularity described in paragraph (b) occurred. The school district shall pay for all costs related to the administration of examinations pursuant to this subsection.
5. In determining whether to require a school to provide for an additional administration of examinations pursuant to this section, the department shall consider:
(a) The effect of each irregularity in testing administration, including, without limitation, whether the irregularity required the scores of pupils to be invalidated; and
(b) Whether sufficient time remains in the school year to provide for an additional administration of examinations.
6. If the department determines pursuant to subsection 5 that a school must provide for an additional administration of examinations, the department may consider whether the most recent irregularity in testing administration affected the test scores of a limited number of pupils and require the school to provide an additional administration of examinations pursuant to this section only to those pupils whose test scores were affected by the most recent irregularity.
7. The department shall provide as many notices pursuant to this section during 1 school year as are applicable to the irregularities occurring at a school. A school shall provide for additional administrations of examinations pursuant to this section within 1 school year as applicable to the irregularities occurring at the school.
8. If a school is required to provide an additional administration of examinations pursuant to subsection 2 of NRS 385.368 for a school year, the school is not required to provide for an additional administration pursuant to subsection 1 or 4 in that school year. The department shall ensure that the information required pursuant to paragraph (b) of subsection 3 of section 5.9 of this act is included in its report for the additional administration provided by such a school pursuant to subsection 2 of NRS 385.368.”.
Amend sec. 5.5, page 8, by deleting lines 20 through 35 and inserting:“examinations that are administered pursuant to NRS 389.015, excluding the high school proficiency examination. The program must:
(a) Be designed to ensure the consistency and uniformity of all materials and other information used in the preparation for the examinations; and
(b) Be designed to ensure that the actual examinations administered pursuant to NRS 389.015 are not included within the materials and other information used for preparation.
2. If a school, including, without limitation, a charter school, or a school district provides preparation for the examinations that are administered pursuant to NRS 389.015, excluding the high school proficiency examination, the school or school district shall comply with the program established pursuant to subsection 1. A school district may use and provide additional materials and information if the materials and information comply with the program established by the department. A school, including, without limitation, a charter school, shall use only those materials and information that have been approved or provided by the department or the school district.”.
Amend sec. 5.7, page 8, line 38, after “389.550.” by inserting: “Upon approval of the department, the board of trustees of a school district or the governing body of a charter school may establish an expanded program of education and training that includes additional education and training if the expanded program complies with the program established by the department.”.
Amend sec. 5.7, page 8, by deleting line 46 and inserting: “basis, the program of education and training established by the department or the expanded program, if applicable; and”.
Amend sec. 5.9, page 9, by deleting lines 38 and 39.
Amend sec. 5.9, page 9, line 40, by deleting “(II)” and inserting “(I)”.
Amend sec. 5.9, page 9, line 42, by deleting “(III)” and inserting “(II)”.
Senator Rawson moved the adoption of the amendment.
Remarks by Senator Rawson.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assembly Bill No. 239.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 665.
Amend section 1, page 1, line 9, by deleting “children,” and inserting “children and”.
Amend section 1, page 1, line 10, by deleting: “and other needy persons”.
Amend sec. 2, page 2, line 28, by deleting “children,” and inserting “children and”.
Amend sec. 2, page 2, line 29, by deleting: “and other needy persons”.
Amend the title of the bill by deleting the fifth line and inserting: “neglected children and victims of domestic violence; and”.
Amend the summary of the bill to read as follows:
Senator Titus moved the adoption of the amendment.
Remarks by Senator Titus.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assembly Bill No. 336.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 673.
Amend the bill as a whole by deleting section 1 and renumbering sec. 2 as section 1.
Amend the bill as a whole by adding a new section designated sec. 2, following sec. 2, to read as follows:
“Sec. 2. NRS 127.152 is hereby amended to read as follows:
127.152 1. Except as otherwise provided in subsection [2,] 3, the division or a licensed child-placing agency shall provide the adopting parents of a child with a report which includes:
(a) A copy of any medical records of the child which are in the possession of the division or licensed child-placing agency . [; and]
(b) Any information obtained by the division or licensed child-placing agency during interviews of the natural parent regarding:
(1) The medical and sociological history of the child and the natural parents of the child; and
(2) Any behavioral, emotional or psychological problems that the child may have. Information regarding any behavioral, emotional or psychological problems that the child may have must be discussed in accordance with policies adopted by the division for the disclosure of such information.
(c) Written information regarding any subsidies, assistance and other services that may be available to the child if it is determined pursuant to NRS 127.186 that he has any special needs.
2. The division or child-placing agency shall obtain from the adopting parents written confirmation that the adopting parents have received the report required pursuant to subsection 1.
3. The report [created] required pursuant to subsection 1 must exclude any information that would lead to the identification of the natural parent.”.
Amend sec. 3, pages 2 and 3, by deleting lines 46 through 48 on page 2 and lines 1 through 11 on page 3, and inserting:
“(a) Schedule any evaluations necessary to identify any special needs the child may have.
(b) If it determines that the child has any special needs [and notify] :
(1) Notify the proposed adoptive parents [of a”.
Amend sec. 3, page 3, line 19, by deleting: “adoptive parents or”.
Amend sec. 3, page 3, by deleting lines 28 through 34 and inserting: “adoption and] grant of financial assistance.”.
Amend sec. 4, page 4, by deleting lines 2 and 3 and inserting:
“127.2817 1. The division shall[:
1. Adopt] adopt regulations setting forth the criteria to be used by the division”.
Amend sec. 4, page 4, by deleting lines 6 through 9 and inserting: “adoption . [; and
2. If a determination is made pursuant to an investigation required by]
2. Upon the completion of an investigation conducted by the division or a licensed child-placing agency pursuant to NRS 127.120 or 127.2805 , the division or child-placing agency shall inform the prospective adoptive parent or”.
Amend sec. 4, page 4, by deleting line 13 and inserting: “division or child-placing agency shall provide the prospective adoptive parent or parents with an”.
Amend the title of the bill by deleting the third through fifth lines and inserting: “persons involved in the process of adoption; requiring the division of child and family services of the department of human resources and a child-placing agency timely and diligently to schedule evaluations necessary to”.
Amend the summary of the bill to read as follows:
Senator Porter moved the adoption of the amendment.
Remarks by Senator Porter.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assembly Bill No. 364.
Bill read second time and ordered to third reading.
Assembly Bill No. 375.
Bill read second time and ordered to third reading.
Assembly Bill No. 377.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 674.
Amend sec. 2, page 3, line 27, after “if” by inserting: “the arresting officer determines that”.
Amend sec. 4, page 6, line 2, after “if” by inserting: “the peace officer or probation officer who has taken the child into custody determines that”.
Amend sec. 6, page 8, line 47, after “if” by inserting: “the arresting officer determines that”.
Amend sec. 7, page 10, line 9, after “if” by inserting: “the arresting officer determines that”.
Amend sec. 8, page 11, line 32, after “magistrate,” by inserting: “or without the amount of bail having been otherwise set by a magistrate or a court,”.
Amend sec. 8, page 12, line 7, by deleting “court.” and inserting: “court [.] , or when a magistrate or a court has otherwise been contacted to set the amount of bail.”.
Amend sec. 8, page 12, line 19, after “if” by inserting: “the arresting officer determines that”.
Amend sec. 8, page 12, line 22, after “magistrate,” by inserting: “or without the amount of bail having been otherwise set by a magistrate or a court,”.
Amend sec. 8, page 12, line 45, by deleting “court.” and inserting: “court, or when a magistrate or a court has otherwise been contacted to set the amount of bail.”.
Amend the title of the bill, fifth line, after “if” by inserting: “the arresting officer determines that”.
Senator Amodei moved the adoption of the amendment.
Remarks by Senator Amodei.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 433.
Bill read second time.
The following amendment was proposed by the Committee on Taxation:
Amendment No. 702.
Amend the bill as a whole by adding a new section designated sec. 1.5, following section 1, to read as follows:
“Sec. 1.5. NRS 361.082 is hereby amended to read as follows:
361.082 1. [Real] That portion of real property and tangible personal property which is used for housing and related facilities for persons with low incomes [are] is exempt from taxation if the portion of property qualifies as a low-income unit and is part of a qualified low-income housing project that is funded in part by federal money appropriated pursuant to 42 U.S.C. §§ 12701 et seq. for the year in which the exemption applies.
2. The portion of a qualified low-income housing project that is entitled to the property tax exemption pursuant to subsection 1 must be determined by dividing the total assessed value of the housing project and the land upon which it is situated into the assessed value of the low-income units and related facilities that are occupied or used exclusively by persons with low incomes.
3. The Nevada tax commission shall, by regulation, prescribe a form for an application for the exemption described in subsection 1.
4. As used in this section, the terms “low-income unit” and “qualified low-income housing project” have the meanings ascribed to them in 26 U.S.C. § 42 . [, as it existed on July 1, 1991.]”.
Amend the title of the bill, third line, after “use;” by inserting: “clarifying the exemption from taxation of certain property used for housing and related facilities by persons with low incomes;”.
Senator McGinness moved the adoption of the amendment.
Remarks by Senator McGinness.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 489.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 672.
Amend section 1, page 2, line 10, by deleting: “a category A, B or C felony or”.
Amend section 1, page 2, line 11, after “(a)” by inserting: “A category A felony;
(b) A category B felony;
(c) A category C felony involving the use or threatened use of force or violence against the victim;
(d)”.
Amend section 1, page 2, line 12, by deleting “(b)” and inserting “[(b)] (e)”.
Amend section 1, page 2, line 21, by deleting “(c)” and inserting “(f)”.
Amend section 1, page 2, line 22, by deleting “(d)” and inserting “(g)”.
Amend section 1, page 2, by deleting lines 26 and 27 and inserting:
“(l)](h) An attempt to commit an offense listed in this subsection.”.
Amend the bill as a whole by renumbering sec. 2 as sec. 5 and adding new sections designated sections 2 through 4, following section 1, to read as follows:
“Sec. 2. NRS 176.0915 is hereby amended to read as follows:
176.0915 1. If the court orders that [samples of blood] a biological specimen be obtained from a defendant pursuant to NRS 176.0913, the court, in addition to any other penalty, shall order the defendant, to the extent of his financial ability, to pay the sum of $250 as a fee for obtaining the [samples of blood] specimen and for conducting the analysis to determine the genetic markers of the [blood.] specimen. The fee:
(a) Must be stated separately in the judgment of the court or on the docket of the court;
(b) Must be collected from the defendant before or at the same time that any fine imposed by the court is collected from the defendant; and
(c) Must not be deducted from any fine imposed by the court.
2. All money that is collected pursuant to subsection 1 must be paid by the clerk of the court to the county treasurer on or before the fifth day of each month for the preceding month.
3. The board of county commissioners of each county shall by ordinance create in the county treasury a fund to be designated as the fund for genetic marker testing. The county treasurer shall deposit money that is collected pursuant to subsection 2 in the fund for genetic marker testing. The money must be accounted for separately within the fund.
4. Each month, the county treasurer shall use the money deposited in the fund for genetic marker testing to pay for the actual amount charged to the county for obtaining [samples of blood from defendants] a biological specimen from a defendant pursuant to NRS 176.0913.
5. If money remains in the fund after the county treasurer makes the payments required by subsection 4, the county treasurer shall pay the remaining money each month to the forensic laboratory that is designated by the county pursuant to NRS 176.0917 to conduct or oversee genetic marker testing for the county. A forensic laboratory that receives money pursuant to this subsection shall use the money to:
(a) Maintain and purchase equipment and supplies relating to genetic marker testing, including, but not limited to, equipment and supplies required by the Federal Bureau of Investigation for participation in CODIS; and
(b) Pay for the training and continuing education, including, but not limited to, the reasonable travel expenses, of employees of the forensic laboratory who conduct or oversee genetic marker testing.
Sec. 3. NRS 179A.075 is hereby amended to read as follows:
179A.075 1. The central repository for Nevada records of criminal history is hereby created within the Nevada highway patrol division of the department.
2. Each agency of criminal justice and any other agency dealing with crime or delinquency of children shall:
(a) Collect and maintain records, reports and compilations of statistical data required by the department; and
(b) Submit the information collected to the central repository in the manner recommended by the advisory committee and approved by the director of the department.
3. Each agency of criminal justice shall submit the information relating to sexual offenses and other records of criminal history that it creates or issues, and any information in its possession relating to the genetic markers of [the blood and the secretor status of the saliva] a biological specimen of a person who is convicted of [sexual assault or any other sexual offense,] an offense listed in subsection 4 of NRS 176.0913, to the division in the manner prescribed by the director of the department. The information must be submitted to the division:
(a) Through an electronic network;
(b) On a medium of magnetic storage; or
(c) In the manner prescribed by the director of the department, within the period prescribed by the director of the department. If an agency has submitted a record regarding the arrest of a person who is later determined by the agency not to be the person who committed the particular crime, the agency shall, immediately upon making that determination, so notify the division. The division shall delete all references in the central repository relating to that particular arrest.
4. The division shall, in the manner prescribed by the director of the department:
(a) Collect, maintain and arrange all information submitted to it relating to:
(1) Sexual offenses and other records of criminal history; and
(2) The genetic markers of [the blood and the secretor status of the saliva] a biological specimen of a person who is convicted of [sexual assault or any other sexual offense.] an offense listed in subsection 4 of NRS 176.0913.
(b) When practicable, use a record of the personal identifying information of a subject as the basis for any records maintained regarding him.
(c) Upon request, provide the information that is contained in the central repository to the state disaster identification team of the division of emergency management of the department . [of motor vehicles and public safety.]
5. The division may:
(a) Disseminate any information which is contained in the central repository to any other agency of criminal justice;
(b) Enter into cooperative agreements with federal and state repositories to facilitate exchanges of information that may be disseminated pursuant to paragraph (a); and
(c) Request of and receive from the Federal Bureau of Investigation information on the background and personal history of any person whose record of fingerprints the central repository submits to the Federal Bureau of Investigation and:
(1) Who has applied to any agency of the State of Nevada or any political subdivision thereof for a license which it has the power to grant or deny;
(2) With whom any agency of the State of Nevada or any political subdivision thereof intends to enter into a relationship of employment or a contract for personal services;
(3) About whom any agency of the State of Nevada or any political subdivision thereof has a legitimate need to have accurate personal information for the protection of the agency or the persons within its jurisdiction; or
(4) For whom such information is required to be obtained pursuant to NRS 449.179.
6. The central repository shall:
(a) Collect and maintain records, reports and compilations of statistical data submitted by any agency pursuant to subsection 2.
(b) Tabulate and analyze all records, reports and compilations of statistical data received pursuant to this section.
(c) Disseminate to federal agencies engaged in the collection of statistical data relating to crime information which is contained in the central repository.
(d) Investigate the criminal history of any person who:
(1) Has applied to the superintendent of public instruction for a license;
(2) Has applied to a county school district for employment; or
(3) Is employed by a county school district, and notify the superintendent of each county school district and the superintendent of public instruction if the investigation of the central repository indicates that the person has been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude.
(e) Upon discovery, notify the superintendent of each county school district by providing him with a list of all persons:
(1) Investigated pursuant to paragraph (d); or
(2) Employed by a county school district whose fingerprints were sent previously to the central repository for investigation, who the central repository’s records indicate have been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude since the central repository’s initial investigation. The superintendent of each county school district shall determine whether further investigation or action by the district is appropriate.
(f) Investigate the criminal history of each person who submits fingerprints or has his fingerprints submitted pursuant to NRS 449.176 or 449.179.
(g) On or before July 1 of each year, prepare and present to the governor a printed annual report containing the statistical data relating to crime received during the preceding calendar year. Additional reports may be presented to the governor throughout the year regarding specific areas of crime if they are recommended by the advisory committee and approved by the director of the department.
(h) On or before July 1 of each year, prepare and submit to the director of the legislative counsel bureau, for submission to the legislature, or the legislative commission when the legislature is not in regular session, a report containing statistical data about domestic violence in this state.
(i) Identify and review the collection and processing of statistical data relating to criminal justice and the delinquency of children by any agency identified in subsection 2, and make recommendations for any necessary changes in the manner of collecting and processing statistical data by any such agency.
7. The central repository may:
(a) At the recommendation of the advisory committee and in the manner prescribed by the director of the department, disseminate compilations of statistical data and publish statistical reports relating to crime or the delinquency of children.
(b) Charge a reasonable fee for any publication or special report it distributes relating to data collected pursuant to this section. The central repository may not collect such a fee from an agency of criminal justice, any other agency dealing with crime or the delinquency of children which is required to submit information pursuant to subsection 2 or the state disaster identification team of the division of emergency management of the department . [of motor vehicles and public safety.] All money collected pursuant to this paragraph must be used to pay for the cost of operating the central repository.
(c) In the manner prescribed by the director of the department, use electronic means to receive and disseminate information contained in the central repository that it is authorized to disseminate pursuant to the provisions of this chapter.
8. As used in this section:
(a) “Advisory committee” means the committee established by the director of the department pursuant to NRS 179A.078.
(b) “Personal identifying information” means any information designed, commonly used or capable of being used, alone or in conjunction with any other information, to identify a person, including, without limitation:
(1) The name, driver’s license number, social security number, date of birth and photograph or computer generated image of a person; and
(2) The fingerprints, voiceprint, retina image and iris image of a person.
Sec. 4. NRS 56.020 is hereby amended to read as follows:
56.020 1. Whenever it is relevant in a civil or criminal action to determine the parentage or identity of any person or corpse, the court, by order, may direct any party to the action and the person involved in the controversy to submit to one or more [blood or saliva tests,] tests to obtain a biological specimen to determine the genetic markers of the specimen, to be made by qualified persons, under such restrictions and directions as the court deems proper. [The tests may include analysis of a person’s blood to determine its genetic markers and of a person’s saliva to determine its secretor status.]
2. Whenever a test is ordered and made, the results of the test may be received in evidence. The order for the tests also may direct that the testimony of the experts and of the persons so examined may be taken by deposition. The opinion of any expert concerning results of blood tests may be weighted in accordance with evidence, if available, of the statistical probability of the alleged blood relationship. The court shall determine how and by whom the costs of the examination must be paid.”.
Amend the title of the bill by deleting the second line and inserting: “from certain offenders convicted of certain felonies; revising certain provisions concerning genetic marker testing to refer to obtaining a “biological specimen”; and providing other matters”.
Amend the summary of the bill to read as follows:
“SUMMARY—Requires genetic marker analysis to be obtained from certain offenders convicted of certain felonies. (BDR 14‑1038)”.
Senator Washington moved the adoption of the amendment.
Remarks by Senator Washington.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Raggio moved that Senate Bill No. 261 be taken from the General File and placed on the General File for the next legislative day.
Remarks by Senator Raggio.
Motion carried.
GENERAL FILE AND THIRD READING
Senate Joint Resolution No. 13.
Resolution read third time.
Roll call on Senate Joint Resolution No. 13:
Yeas—20.
Nays—None.
Excused—Schneider.
Senate Joint Resolution No. 13 having received a constitutional majority, Madam President declared it passed.
Resolution ordered transmitted to the Assembly.
Assembly Bill No. 86.
Bill read third time.
Remarks by Senators Neal, O'Donnell and Titus.
Roll call on Assembly Bill No. 86:
Yeas—20.
Nays—None.
Excused—Schneider.
Assembly Bill No. 86 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 Bill No. 135 be taken from the General File and placed on the Secretary’s desk.
Remarks by Senator Raggio.
Motion carried.
Senator O'Connell moved that Assembly Bill No. 180 be taken from the General File and placed on the Secretary’s desk.
Remarks by Senator O'Connell.
Motion carried.
Senator Rawson moved that Assembly Bill No. 264 be taken from the General File and placed on the Secretary’s desk.
Remarks by Senator Rawson.
Motion carried.
Senator Washington moved that Assembly Bill No. 259 be taken from the General File and placed on the Secretary’s desk.
Remarks by Senator Washington.
Motion carried.
GENERAL FILE AND THIRD READING
Assembly Bill No. 183.
Bill read third time.
Roll call on Assembly Bill No. 183:
Yeas—20.
Nays—None.
Excused—Schneider.
Assembly Bill No. 183 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 200.
Bill read third time.
Remarks by Senators Neal and Rhoads.
Roll call on Assembly Bill No. 200:
Yeas—20.
Nays—None.
Excused—Schneider.
Assembly Bill No. 200 having received a two-thirds majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 243.
Bill read third time.
Roll call on Assembly Bill No. 243:
Yeas—14.
Nays—Care, James, Neal, O'Connell, Titus, Wiener—6.
Excused—Schneider.
Assembly Bill No. 243 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 266.
Bill read third time.
Roll call on Assembly Bill No. 266:
Yeas—20.
Nays—None.
Excused—Schneider.
Assembly Bill No. 266 having received a two-thirds majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 271.
Bill read third time.
Remarks by Senators Rhoads, Rawson, McGinness, Titus, O'Donnell and Care.
Senator Titus moved that Assembly Bill No. 271 be taken from the General File and placed on the Secretary’s desk.
Remarks by Senator Titus.
Motion carried on a division of the house.
Assembly Bill No. 299.
Bill read third time.
Roll call on Assembly Bill No. 299:
Yeas—20.
Nays—None.
Excused—Schneider.
Assembly Bill No. 299 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
MOTIONS, RESOLUTIONS AND NOTICES
Senator O'Donnell gave notice that on the next legislative day he would move to reconsider the vote whereby Assembly Bill No. 243 was this day passed.
GENERAL FILE AND THIRD READING
Assembly Bill No. 337.
Bill read third time.
Roll call on Assembly Bill No. 337:
Yeas—17.
Nays—Care, Neal, Wiener—3.
Excused—Schneider.
Assembly Bill No. 337 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 361.
Bill read third time.
Roll call on Assembly Bill No. 361:
Yeas—20.
Nays—None.
Excused—Schneider.
Assembly Bill No. 361 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Rawson moved that Assembly Bill No. 380 be taken from the General File and placed on the Secretary’s desk.
Remarks by Senator Rawson.
Motion carried.
Senator McGinness moved that Assembly Bill No. 455 be taken from the General File and placed on the Secretary’s desk.
Remarks by Senator McGinness.
Motion carried.
Senator Townsend moved that Assembly Bill No. 384 be taken from the General File and placed on the Secretary’s desk.
Remarks by Senator Townsend.
Motion carried.
GENERAL FILE AND THIRD READING
Assembly Bill No. 400.
Bill read third time.
Roll call on Assembly Bill No. 400:
Yeas—20.
Nays—None.
Excused—Schneider.
Assembly Bill No. 400 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 427.
Bill read third time.
Roll call on Assembly Bill No. 427:
Yeas—20.
Nays—None.
Excused—Schneider.
Assembly Bill No. 427 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 476.
Bill read third time.
Conflict of interest declared by Senator Porter.
Roll call on Assembly Bill No. 476:
Yeas—19.
Nays—None.
Not Voting—Porter.
Excused—Schneider.
Assembly Bill No. 476 having received a two-thirds majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 481.
Bill read third time.
Remarks by Senators O'Donnell, Raggio, Townsend, Rhoads, Care and Mathews.
Roll call on Assembly Bill No. 481:
Yeas—14.
Nays—Care, Mathews, Neal, Rhoads, Titus, Washington—6.
Excused—Schneider.
Assembly Bill No. 481 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 487.
Bill read third time.
Roll call on Assembly Bill No. 487:
Yeas—20.
Nays—None.
Excused—Schneider.
Assembly Bill No. 487 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 497.
Bill read third time.
Roll call on Assembly Bill No. 497:
Yeas—20.
Nays—None.
Excused—Schneider.
Assembly Bill No. 497 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 535.
Bill read third time.
Roll call on Assembly Bill No. 535:
Yeas—20.
Nays—None.
Excused—Schneider.
Assembly Bill No. 535 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 538.
Bill read third time.
Roll call on Assembly Bill No. 538:
Yeas—20.
Nays—None.
Excused—Schneider.
Assembly Bill No. 538 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 542.
Bill read third time.
Roll call on Assembly Bill No. 542:
Yeas—20.
Nays—None.
Excused—Schneider.
Assembly Bill No. 542 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 549.
Bill read third time.
Roll call on Assembly Bill No. 549:
Yeas—20.
Nays—None.
Excused—Schneider.
Assembly Bill No. 549 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 582.
Bill read third time.
Remarks by Senators Neal and James.
Senator James moved that Assembly Bill No. 582 be taken from the General File and placed on the Secretary’s desk.
Remarks by Senator James.
Motion carried.
Assembly Bill No. 586.
Bill read third time.
Roll call on Assembly Bill No. 586:
Yeas—20.
Nays—None.
Excused—Schneider.
Assembly Bill No. 586 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 631.
Bill read third time.
Roll call on Assembly Bill No. 631:
Yeas—20.
Nays—None.
Excused—Schneider.
Assembly Bill No. 631 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 632.
Bill read third time.
Senator James moved that Assembly Bill No. 632 be taken from the General File and placed on the Secretary’s desk.
Remarks by Senator James.
Motion carried.
Assembly Bill No. 634.
Bill read third time.
Senator Raggio moved that Assembly Bill No. 634 be taken from the General File and placed on the Secretary’s desk.
Remarks by Senator Raggio.
Motion carried.
Assembly Bill No. 639.
Bill read third time.
Roll call on Assembly Bill No. 639:
Yeas—19.
Nays—Neal.
Excused—Schneider.
Assembly Bill No. 639 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 646.
Bill read third time.
Roll call on Assembly Bill No. 646:
Yeas—20.
Nays—None.
Excused—Schneider.
Assembly Bill No. 646 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 657.
Bill read third time.
Conflict of interest declared by Senator Raggio.
Senator Coffin disclosed that he has a client who is in this business.
Roll call on Assembly Bill No. 657:
Yeas—15.
Nays—Care, Neal, Titus, Wiener—4.
Not Voting—Raggio.
Excused—Schneider.
Assembly Bill No. 657 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 660.
Bill read third time.
Roll call on Assembly Bill No. 660:
Yeas—20.
Nays—None.
Excused—Schneider.
Assembly Bill No. 660 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 663.
Bill read third time.
Roll call on Assembly Bill No. 663:
Yeas—20.
Nays—None.
Excused—Schneider.
Assembly Bill No. 663 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 Joint Resolutions Nos. 7, 12, 13; 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.
Remarks by Senator Raggio.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
By Senators James, Raggio, O'Donnell, Amodei, Rawson, Jacobsen, McGinness, Porter, Townsend and Washington:
Senate Bill No. 571—AN ACT relating to taxation; excluding the first five employees from the computation of the tax on conducting a business; requiring certain businesses to file an annual statement with the department of taxation; and providing other matters properly relating thereto.
Senator James moved that the bill be referred to the Committee on Judiciary.
Motion carried.
WAIVERS AND EXEMPTIONS
Waiver Of Joint Standing Rule(s)
A Waiver requested by Senator Mark A. James.
For: Senate Bill No. 571.
To Waive:
Subsection 1 of Joint Standing Rule No. 14 (2 BDRs from Assemblymen and 4 BDRs from Senators requested by 8th day).
Subsection 2 of Joint Standing Rule No. 14 (50 BDRs for committees of each house requested by 22nd day).
Subsection 1 of Joint Standing Rule No. 14.2 (dates for introduction of BDRs requested by individual legislators and committees).
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).
Subsections 1 and 2 of Joint Standing Rule No. 14 and Joint Standing Rules Nos. 14.2 and 14.3 (all of the above).
Has been granted effective: May 11, 2001.
William J. Raggio Richard D. Perkins
UNFINISHED BUSINESS
Consideration of Assembly Amendments
Senate Bill No. 77.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 667.
Amend sec. 5, page 5, by deleting line 4 and inserting: “the district attorney of Carson City or Douglas, Lyon, Storey or Washoe County, or any”.
Amend sec. 5, page 5, line 7, by deleting “such” and inserting “those”.
Amend sec. 5, page 5, by deleting line 9 and inserting: “treasurer of Carson City or Douglas, Lyon, Storey or Washoe County to create a fund for”.
Amend sec. 5, page 5, line 13, by deleting “such” and inserting “those”.
Senator O'Donnell moved that the Senate concur in the Assembly amendment to Senate Bill No. 77.
Remarks by Senator O'Donnell.
Motion carried by a two-thirds majority.
Bill ordered enrolled.
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: Lacey Ackerman, Joseph Allison, Lionel Austin, Alexandra Cappucci, Yesenia Castilla, Laycie Corley, Caitlin Faber, Justin Gragg, Briana Hogan, Kristin Holland, Brandon Holly, Patrick Jones, Johnny Joyce, Kallie Long, Trevor Motzke, Tina Midboe, Dillon Moore, Nidsa Mouritsen, Blayke Olson, Joab Perez, Kyle Reynolds, Aaron Server, Tyler Shovah, Phillip Stroud, Jessie Sotelo, Jacob Thompson, Kirsti Walker, Philip Wortman, Humberto Zaragoza, Adam Updegrove, Aldo Delrazo, Brandon Briggs, Breanna Anderson, Christian Grant, Daniel Ly, Danielle Jackson, Elise Hansen, Garret Merriwether, Gordon Lee, Gus DeBacco, Tara Silsby, Jeremy Zich, Jessica Benjamin, John Andrews, Joe Vinesis, Matthew Parmenter, Megan Porcello, Nadia Gabler, Nathan Bruns, Nick Boyd, Patrick Van Epps, Shelby Mills, Spencer Brinson, Spencer Gibb, Tallie Birba, Taylor Tucker, Devonn Wadkins, Jesus Roque, Tori Moon; chaperones: Lisa Holland, Valentina Midloe, LaVonne Ackerman, Patti Briggs, Andrea Anderson, Sarah Moore; teachers: Sandra Morrison and Diana Easby.
On request of Senator Jacobsen, the privilege of the floor of the Senate Chamber for this day was extended to Jeanne Park, Bruce Park, Nancy Park, Russ Nichols, Tonja Nichols, Jeanne Blach, Ken Nichols, Beverly Nichols, Kaitlin Nichols, Mike Gilbert, Debbie Heath, Bernie Curtis, Ron Pierini and Dan Hollar.
On request of Senator Raggio, the privilege of the floor of the Senate Chamber for this day was extended to Joyce Laxalt, Dr. Kristin Laxalt-Nomura, Amy Nomura and Neena Laxalt.
Senator Raggio moved that the Senate adjourn until Wednesday, May 16, 2001 at 11 a.m.
Motion carried.
Senate adjourned at 2:11 p.m.
Approved:Lorraine T. Hunt
President of the Senate
Attest: Claire J. Clift
Secretary of the Senate