THE ONE HUNDRED AND EIGHTH DAY

                               

Carson City(Wednesday), May 23, 2001

    Senate called to order at 12:07 p.m.

    President Hunt presiding.

    Roll called.

    All present.

    Prayer by the Chaplain, Dr. Ken Haskins.

    Our loving Heavenly Father, You are light and in You there is no darkness. Your Word is a lamp unto our feet and a light unto our path. You are the true light who enlightens everyone when we grow weary and discouraged. You are our ray of hope! We beseech You to guide and direct us in all that we strive to accomplish this day. We pray in the Name of the One who is even now the light of the world.

Amen.

    Pledge of allegiance to the Flag.

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

    Motion carried.

REPORTS OF COMMITTEES

Madam President:

    Your Committee on Commerce and Labor, to which was referred Assembly Bill No. 123, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Randolph J. Townsend, Chairman

Madam President:

    Your Committee on Finance, to which were referred Senate Bills Nos. 431, 573, 574, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

    Also, your Committee on Finance, to which was re-referred Senate Bill No. 194, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass, as amended.

    Also, your Committee on Finance, to which was referred Senate Bills Nos. 109, 137, 170, 174, 277; Assembly Bill No. 555, 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. 326, 443, 483, 637, 650, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Ann O'Connell, Chairman

Madam President:

    Your Committee on Human Resources and Facilities, to which were referred Assembly Bills Nos. 195, 444, 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

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, May 22, 2001

To the Honorable the Senate:

    I have the honor to inform your honorable body that the Assembly on this day passed Assembly Bill No. 285; Senate Bills Nos. 57, 88, 119, 251, 424, 525, 540.

    Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bills Nos. 558, 641.

    Also, I have the honor to inform your honorable body that the Assembly amended, and on this day passed, as amended, Senate Bill No. 54, Amendment Nos. 668, 745; Senate Bill No. 182, Amendment No. 678; Senate Bill No. 191, Amendment No. 722; Senate Bill No. 396, Amendment No. 724; Senate Bill No. 467, Amendment No. 718; Senate Bill No. 563, Amendment Nos. 698, 786, and respectfully requests your honorable body to concur in said amendments.

    Also, I have the honor to inform your honorable body that the Assembly on this day concurred in the Senate Amendment No. 705 to Assembly Bill No. 47; Senate Amendment No. 664 to Assembly Bill No. 105; Senate Amendment No. 715 to Assembly Bill No. 128; Senate Amendment No. 708 to Assembly Bill No. 154; Senate Amendment No. 716 to Assembly Bill No. 173; Senate Amendment No. 701 to Assembly Bill No. 243; Senate Amendment No. 752 to Assembly Bill No. 277; Senate Amendment No. 706 to Assembly Bill No. 279; Senate Amendment No. 704 to Assembly Bill No. 345; Senate Amendment No. 707 to Assembly Bill No. 363; Senate Amendment No. 711 to Assembly Bill No. 415; Senate Amendment No. 702 to Assembly Bill No. 433; Senate Amendment No. 710 to Assembly Bill No. 639.

    Also, I have the honor to inform your honorable body that the Assembly on this day respectfully refused to concur in the Senate Amendment No. 802 to Assembly Bill No. 48; Senate Amendment No. 658 to Assembly Bill No. 60; Senate Amendment No. 567 to Assembly Bill No. 162.

              Patricia R. Williams

                   Assistant Chief Clerk of the Assembly

INTRODUCTION, FIRST READING AND REFERENCE

    Assembly Bill No. 285.

    Senator O'Connell moved that the bill be referred to the Committee on Finance.

    Motion carried.

    Assembly Bill No. 558.

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

    Motion carried.

    Assembly Bill No. 641.

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

    Motion carried.

SECOND READING AND AMENDMENT

    Senate Bill No. 139.

    Bill read second time.

    The following amendment was proposed by the Committee on Finance:

    Amendment No. 795.

    Amend the bill as a whole by renumbering sec. 2 as sec. 4 and adding new sections designated sections 2 and 3, following section 1, to read as follows:

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

    1.  Any amount appropriated by the legislature from the state general fund for the support or operation of the supreme court during a fiscal year must be reduced to the extent that the amount of any administrative assessments distributed to the office of the court administrator for allocation to the supreme court pursuant to NRS 176.059 exceeds the amount which is authorized by the legislature for expenditure from those assessments for that fiscal year.

    2.  The supreme court shall reserve for reversion each fiscal year the amount by which an appropriation from the state general fund must be reduced pursuant to subsection 1, and that amount reverts to the state general fund upon the close of that fiscal year by the state controller.

    Sec. 3. Section 1 of Assembly Bill No. 548 of this session is hereby amended to read as follows:

    Section 1.  NRS 176.059 is hereby amended to read as follows:

    176.059  1.  Except as otherwise provided in subsection 2, when a defendant pleads guilty or guilty but mentally ill or is found guilty of a misdemeanor, including the violation of any municipal ordinance, the justice or judge shall include in the sentence the sum prescribed by the following schedule as an administrative assessment and render a judgment against the defendant for the assessment:

Fine                                                                 Assessment

       $5 to $49   $15

       50 to 59   30

       60 to 69   35

       70 to 79   40

       80 to 89   45

       90 to 99   50

       100 to 199   60

       200 to 299   70

       300 to 399   90

       400 to 499   90

       500 to 1,000   105

    2.  The provisions of subsection 1 do not apply to:

    (a) An ordinance regulating metered parking; or

    (b) An ordinance which is specifically designated as imposing a civil penalty or liability pursuant to NRS 244.3575 or 268.019.

    3.  The money collected for an administrative assessment must not be deducted from the fine imposed by the justice or judge but must be taxed against the defendant in addition to the fine. The money collected for an administrative assessment must be stated separately on the court’s docket and must be included in the amount posted for bail. If the defendant is found not guilty or the charges are dismissed, the money deposited with the court must be returned to the defendant. If the justice or judge cancels a fine because the fine has been determined to be uncollectible, any balance of the fine and the administrative assessment remaining unpaid shall be deemed to be uncollectible and the defendant is not required to pay it. If a fine is determined to be uncollectible, the defendant is not entitled to a refund of the fine or administrative assessment he has paid and the justice or judge shall not recalculate the administrative assessment.

    4.  If the justice or judge permits the fine and administrative assessment to be paid in installments, the payments must be first applied to the unpaid balance of the administrative assessment. The city treasurer shall distribute partially collected administrative assessments in accordance with the requirements of subsection 5. The county treasurer shall distribute partially collected administrative assessments in accordance with the requirements of subsection 6.

    5.  The money collected for administrative assessments in municipal court must be paid by the clerk of the court to the city treasurer on or before the fifth day of each month for the preceding month. The city treasurer shall distribute, on or before the 15th day of that month, the money received in the following amounts for each assessment received:

    (a) Two dollars to the county treasurer for credit to a special account in the county general fund for the use of the county’s juvenile court or for services to juvenile offenders. Any money remaining in the special account after 2 fiscal years must be deposited in the county general fund if it has not been committed for expenditure. The county treasurer shall provide, upon request by a juvenile court, monthly reports of the revenue credited to and expenditures made from the special account.

    (b) Seven dollars for credit to a special revenue fund for the use of the municipal courts. Any money remaining in the special revenue fund after 2 fiscal years must be deposited in the municipal general fund if it has not been committed for expenditure. The city treasurer shall provide, upon request by a municipal court, monthly reports of the revenue credited to and expenditures made from the special revenue fund.

    (c) The remainder of each assessment to the state treasurer for credit to a special account in the state general fund.

    6.  The money collected for administrative assessments in justices’ courts 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. The county treasurer shall distribute, on or before the 15th day of that month, the money received in the following amounts for each assessment received:

    (a) Two dollars for credit to a special account in the county general fund for the use of the county’s juvenile court or for services to juvenile offenders. Any money remaining in the special account after 2 fiscal years must be deposited in the county general fund if it has not been committed for expenditure. The county treasurer shall provide, upon request by a juvenile court, monthly reports of the revenue credited to and expenditures made from the special account.

    (b) Seven dollars for credit to a special revenue fund for the use of the justices’ courts. Any money remaining in the special revenue fund after 2 fiscal years must be deposited in the county general fund if it has not been committed for expenditure. The county treasurer shall provide, upon request by a justice’s court, monthly reports of the revenue credited to and expenditures made from the special revenue fund.

    (c) The remainder of each assessment to the state treasurer for credit to a special account in the state general fund.

    7.  The money apportioned to a juvenile court, a justice’s court or a municipal court pursuant to this section must be used, in addition to providing services to juvenile offenders in the juvenile court, to improve the operations of the court, or to acquire appropriate advanced technology or the use of such technology, or both. Money used to improve the operations of the court may include expenditures for:

    (a) Training and education of personnel;

    (b) Acquisition of capital goods;

    (c) Management and operational studies; or

    (d) Audits.

    8.  Of the total amount deposited in the state general fund pursuant to subsections 5 and 6, the state controller shall distribute the money received to the following public agencies in the following manner:

    (a) Not less than 51 percent to the office of the court administrator for allocation as follows:

        (1) Eighteen and one-half percent of the amount distributed to the office of the court administrator for the administration of the courts.

        (2) Nine percent of the amount distributed to the office of the court administrator for the development of a uniform system for judicial records.

        (3) Nine percent of the amount distributed to the office of the court administrator for continuing judicial education.

        (4) Sixty percent of the amount distributed to the office of the court administrator for the supreme court.

        (5) Three and one-half percent of the amount distributed to the office of the court administrator for the payment for the services of retired justices and retired district judges.

    (b) Not more than 49 percent must be used to the extent of legislative authorization for the support of:

        (1) The central repository for Nevada records of criminal history;

        (2) The peace officers’ standards and training commission;

        (3) The operation by the Nevada highway patrol of a computerized switching system for information related to law enforcement; [and]

        (4) The fund for the compensation of victims of crime[.] ; and

        (5) The advisory council for prosecuting attorneys.

    9.  As used in this section, “juvenile court” means:

    (a) In any judicial district that includes a county whose population is 100,000 or more, the family division of the district court; or

    (b) In any other judicial district, the juvenile division of the district court.”.

    Amend the title of the bill to read as follows:

    “AN ACT relating to the administration of the courts; revising the manner in which administrative assessments are distributed to the office of the court administrator; requiring the reduction of appropriations made to the supreme court from the state general fund upon the receipt of certain money from those assessments; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

    “SUMMARY—Makes various changes to financial administration of courts. (BDR 14‑515)”.

    Senator O'Donnell moved the adoption of the amendment.

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

    Motion carried.

    Senate in recess at 12:18 p.m.

SENATE IN SESSION

    At 12:21 p.m.

    President Hunt presiding.

    Quorum present.

    Remarks by Senator Raggio.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Senate Bill No. 143.

    Bill read second time and ordered to third reading.

    Senate Bill No. 319.

    Bill read second time.

    The following amendment was proposed by the Committee on Finance:

    Amendment No. 858.

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

    “Sec. 7. NRS 458.010 is hereby amended to read as follows:

    458.010  As used in NRS 458.010 to 458.350, inclusive, unless the context requires otherwise:

    1.  “Administrator” means the administrator of the health division.

    2.  “Alcohol and drug abuse program” means a project concerned with education, prevention and treatment directed toward achieving the mental and physical restoration of alcohol and drug abusers.

    3.  “Alcohol and drug abuser” means a person whose consumption of alcohol or other drugs, or any combination thereof, interferes with or adversely affects his ability to function socially or economically.

    4.  “Alcoholic” means any person who habitually uses alcoholic beverages to the extent that he endangers the health, safety or welfare of himself or any other person or group of persons.

    5.  “Board” means the state board of health.

    6.  “Civil protective custody” means a custodial placement of a person to protect his health or safety. Civil protective custody does not have any criminal implication.

    7.  “Detoxification technician” means a person who is certified by the health division to provide screening for the safe withdrawal from alcohol and other drugs.

    8.  “Facility” means a physical structure used for the education, prevention and treatment, including mental and physical restoration, of alcohol and drug abusers.

    9. [“Halfway house for alcohol and drug abusers” means a residence that provides housing and a living environment for alcohol and drug abusers and is operated to facilitate their reintegration into the community, but does not provide treatment for alcohol or drug abuse. The term does not include a facility for the treatment of abuse of alcohol or drugs as defined in NRS 449.00455.

    10.] “Health division” means the health division of the department of human resources.

    Sec. 8. NRS 458.025 is hereby amended to read as follows:

    458.025  The health division:

    1.  Shall formulate and operate a comprehensive state plan for alcohol and drug abuse programs which must include:

    (a) A survey of the need for prevention and treatment of alcohol and drug abuse, including a survey of the facilities needed to provide services and a plan for the development and distribution of services and programs throughout this state.

    (b) A plan for programs to educate the public in the problems of the abuse of alcohol and other drugs.

    (c) A survey of the need for persons who have professional training in fields of health and other persons involved in the prevention of alcohol and drug abuse and in the treatment and recovery of alcohol and drug abusers, and a plan to provide the necessary treatment. In developing and revising the state plan, the health division shall consider, without limitation, the amount of money available from the Federal Government for alcohol and drug abuse programs and the conditions attached to the acceptance of that money, and the limitations of legislative appropriations for alcohol and drug abuse programs.

    2.  Shall coordinate the efforts to carry out the state plan and coordinate all state and federal financial support of alcohol and drug abuse programs in this state.

    3.  Must be consulted in the planning of projects and advised of all applications for grants from within this state which are concerned with alcohol and drug abuse programs, and shall review the applications and advise the applicants concerning the applications.

    4.  Shall certify or deny certification of [any halfway houses for alcohol and drug abusers,] detoxification technicians or any facilities or programs on the basis of the standards established by the board pursuant to this section, and publish a list of certified [halfway houses for alcohol and drug abusers,] detoxification technicians, facilities and programs. Any [halfway houses for alcohol and drug abusers,] detoxification technicians, facilities or programs which are not certified are ineligible to receive state and federal money for alcohol and drug abuse programs. The board shall adopt regulations. The regulations:

    (a) [Must prescribe the standards for certification of halfway houses for alcohol and drug abusers, facilities and programs;

    (b)] Must prescribe the requirements for continuing education for persons certified as detoxification technicians; and

    [(c)] (b) May prescribe the fees for the certification of [halfway houses for alcohol and drug abusers,] detoxification technicians, facilities or programs. A fee prescribed pursuant to this paragraph must be calculated to produce the revenue estimated to cover the costs related to the certifications, but in no case may a fee for a certificate exceed the actual cost to the health division of issuing the certificate.

    5.  Upon request from a facility which is self-supported, may certify the facility, its programs and detoxification technicians and add them to the list described in subsection 4.

    Sec. 9. NRS 458.026 is hereby amended to read as follows:

    458.026  1.  An applicant for the issuance or renewal of his certification as a detoxification technician [or as the operator of a halfway house for alcohol and drug abusers] must submit to the health division the statement prescribed by the welfare division of the department of human resources pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

    2.  The health division shall include the statement required pursuant to subsection 1 in:

    (a) The application or any other forms that must be submitted for the issuance or renewal of the certification; or

    (b) A separate form prescribed by the health division.

    3.  The certification of a person as a detoxification technician [or as the operator of a halfway house for alcohol and drug abusers] may not be issued or renewed by the health division if the applicant:

    (a) Fails to complete or submit the statement required pursuant to subsection 1; or

    (b) Indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

    4.  If an applicant indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the administrator shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

    Sec. 10. NRS 458.027 is hereby amended to read as follows:

    458.027  1.  If the health division receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who has been certified as a detoxification technician , [or as the operator of a halfway house for alcohol and drug abusers,] the health division shall deem the certification to be suspended at the end of the 30th day after the date on which the court order was issued unless the health division receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person who has been certified stating that the person has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

    2.  The health division shall reinstate the certification of a person as a detoxification technician [or as the operator of a halfway house for alcohol and drug abusers] that has been suspended by a district court pursuant to NRS 425.540 if the health division receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose certification was suspended stating that the person whose certification was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.”.

    Amend the bill as a whole by adding a new section designated sec. 12.5, following sec. 12, to read as follows:

    “Sec. 12.5. Section 1 of Senate Bill No. 74 of this session is hereby amended to read as follows:

            Section 1. NRS 449.017 is hereby amended to read as follows:

    449.017  1.  Except as otherwise provided in subsection 2, “residential facility for groups” means an establishment that furnishes food, shelter, assistance and limited supervision to an aged, infirm, mentally retarded or handicapped person. The term includes, without limitation, an assisted living facility.

            2.  The term does not include:

            (a) An establishment which provides care only during the day;

    (b) A natural person who provides care for no more than two persons in his own home;

    (c) A natural person who provides care for one or more persons related to him within the third degree of consanguinity or affinity;

            (d) A halfway house for alcohol and drug abusers; or

    (e) A facility funded by a division or program of the department of human resources.”.

    Senator Rawson moved the adoption of the amendment.

    Remarks by Senator Rawson.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

MOTIONS, RESOLUTIONS AND NOTICES

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

    Remarks by Senator Raggio.

    Motion carried.

    Senator O'Connell moved that Assembly Bill No. 428 be taken from the Second Reading File and placed on the Secretary’s desk.

    Remarks by Senator O'Connell.

    Motion carried.

    Senator Titus moved that Assembly Bill No. 627 be taken from the General File and placed on the General File for the next legislative day.

    Remarks by Senator Titus.

    Motion carried.

SECOND READING AND AMENDMENT

    Senate Bill No. 448.

    Bill read second time.

    The following amendment was proposed by the Committee on Finance:

    Amendment No. 760.

    Amend the bill as a whole by renumbering sections 1 through 3 as sections 6 through 8 and adding new sections designated sections 1 through 5, following the enacting clause, to read as follows:

    “Section 1. Section 3 of chapter 201, Statutes of Nevada 1995, as last amended by section 2 of chapter 567, Statutes of Nevada 1999, at page 2972, is hereby amended to read as follows:

    Sec. 3.  The state controller shall provide for the payment of claims legally obligated in each fiscal year on behalf of the division of state parks of the state department of conservation and natural resources for the purposes set forth:

    1.  In paragraphs (b) and (e) of subsection 1 and subsections 2 and 3 of section 2 ofchapter 201, Statutes of Nevada 1995, until the last Friday of August immediately following the end of fiscal year 1996-97;

    2.  In paragraphs (f) and (g) of subsection 1 of section 2 ofchapter  201, Statutes of Nevada 1995, until the last Friday of August immediately following the end of fiscal year 1998-99; [and]

    3.  In paragraphs [(a),] (c) and (d) of subsection 1 of section 2 of chapter 201, Statutes of Nevada 1995, until the last Friday of August immediately following the end of fiscal year 2000-01 [.] ; and

    4.  In paragraph (a) of subsection 1 of section 2 of chapter 201, Statutes of Nevada 1995, until the last Friday of August immediately following the end of fiscal year 2002-03.

    Sec. 2.  Section 5 of chapter 201, Statutes of Nevada 1995, as last amended by section 3 of chapter 567, Statutes of Nevada 1999, at page 2972, is hereby amended to read as follows:

    Sec. 5.  Any remaining balance of the appropriations made by section 2 of chapter 201, Statutes of Nevada 1995:

    1.  For use as provided in paragraphs (b) and (e) of subsection 1 and subsections 2 and 3 of that section, must not be committed for expenditure after June 30, 1997, and reverts to the state general fund as soon as all payments of money committed have been made.

    2.  For use as provided in paragraphs (f) and (g) of subsection 1 of that section, must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.

    3.  For use as provided in paragraphs [(a),] (c) and (d) of subsection 1 of that section, must not be committed for expenditure after June 30, 2001, and reverts to the state general fund as soon as all payments of money committed have been made.

    4.  For use as provided in paragraph (a) of subsection 1 of that section, must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.

    Sec. 3. Section 1 of chapter 536, Statutes of Nevada 1997, as amended by section 4 of chapter 567, Statutes of Nevada 1999, at page 2973, is hereby amended to read as follows:

    Section 1.  There is hereby appropriated from the state general fund to the Division of State Parks of the State Department of Conservation and Natural Resources the sum of $1,566,393 for park improvement projects. The money must be used as follows:

    1.  Fort Churchill State Historic Park, Kershaw-Ryan State Park or other parks or recreation areas, $30,000.

    2.  Lake Tahoe Nevada State Park, Valley of Fire State Park or other parks or recreation areas,$295,603.

    3.  Spring Valley State Park [,] or other parks or recreation areas, $258,338.

    4.  Big Bend State Recreation Area, $192,191.

    5.  Valley of Fire State Park, $49,096.

    6.  Rye Patch State Recreation Area, [or] Ward Charcoal Ovens State Historic Park, Valley of Fire State Park or other parks or recreation areas, $415,308.

    7.  Lahontan State Recreation Area, $40,250.

    8.  Floyd Lamb State Park,Valley of Fire State Park or other parks or recreation areas,$35,607.

    9.  To prepare a preliminary master plan to provide direction for the development and operation of a historic park in Las Vegas, $250,000.

    Sec. 4. Section 2 of chapter 536, Statutes of Nevada 1997, as amended by section 5 of chapter 567, Statutes of Nevada 1999, at page 2973, is hereby amended to read as follows:

    Sec. 2.  The State Controller shall provide for the payment of claims legally obligated in each fiscal year on behalf of the Division of State Parks of the State Department of Conservation and Natural Resources for the purposes set forth:

    1.  In subsections 4, 5, 7 and 9 of section 1 of chapter 536, Statutes of Nevada 1997, until the last Friday in August immediately following the end of the fiscal year 1998-1999; and

    2.  In subsections 1, 2, 3, 6 and 8 of section 1 of chapter 536, Statutes of Nevada 1997, until the last Friday in August immediately following the end of the fiscal year [2000-01.] 2002-03.

    Sec. 5. Section 4 of chapter 536, Statutes of Nevada 1997, as amended by section 6 of chapter 567, Statutes of Nevada 1999, at page 2973, is hereby amended to read as follows:

    Sec. 4.  Any remaining balance of the appropriation made by section 1 of chapter 536, Statutes of Nevada 1997:

    1.  For use as provided in subsections 4, 5, 7 and 9 of that section must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.

    2.  For use as provided in subsections 1, 2, 3, 6 and 8 of that section must not be committed for expenditure after June 30, [2001,]2003, and reverts to the state general fund as soon as all payments of money committed have been made.”.

    Amend section 1, page 1, line 3, by deleting “$1,500,000” and inserting “$500,000”.

    Amend sec. 2, page 1, line 4, by deleting “1” and inserting “6”.

    Amend the title of the bill to read as follows:

    “AN ACT relating to recreation; revising the particular purposes and extending the periods for the expenditure of certain money previously appropriated to the Division of State Parks of the State Department of Conservation and Natural Resources for park improvement projects; making an appropriation; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

    “SUMMARY—Makes appropriation to State Department of Conservation and Natural Resources for improvement projects at state parks and revises particular purposes and extends periods for expenditure of certain money previously appropriated for park improvement projects. (BDR S‑1392)”.

    Senator Raggio moved the adoption of the amendment.

    Remarks by Senator Raggio.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Senate Bill No. 496.

    Bill read second time.

    The following amendment was proposed by the Committee on Finance:

    Amendment No. 777.

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

    “Section 1.  1.  Except as otherwise provided in this section, the terms used or referred to in this section have the meanings ascribed to them in the University Securities Law. As used in this section, unless the context otherwise requires:

    (a) “Net pledged revenues” means all the pledged revenues, without any deduction of any operation and maintenance expenses, except as otherwise provided in the definition of “pledged revenues.”

    (b) “Pledged revenues”:

        (1) Means, in connection with securities issued pursuant to this section to finance in part the project designated in paragraph (c):

            (I) The gross revenues derived from or otherwise pertaining to the operation of any one, all, or any combination of facilities enumerated in NRS 396.828 and situated on the campuses of the community colleges, including, without limitation, the Great Basin College, of the University and Community College System of Nevada, including, without limitation, the project, which revenues the board, by the resolution authorizing the securities issued pursuant to this section, determines to pledge for the payment of the securities, after the deduction of the expenses of operation and maintenance of those facilities pertaining to those pledged revenues; and

            (II) The gross revenues derived from the imposition and collection of the fees designated in NRS 396.8395, payable by the students attending any of the community colleges, including, without limitation, the Great Basin College, of the University and Community College System of Nevada, subject to the limitation provided in subsection 5 of NRS 396.840;

        (2) Includes, in connection with students attending those community colleges, any fees of students authorized by law after the effective date of this section, all grants, conditional or unconditional, from the Federal Government for the payment of any securities requirements, if any, and net revenues, if any, to be derived from the operations of income-producing facilities of the community colleges, including, without limitation, the Great Basin College, the board or from other available sources, and to which fees, grants and revenues, the pledge and lien provided for the payment of the securities authorized in this section and any other securities payable therefrom are extended after the effective date of this section; and

        (3) Indicates a source of revenues and does not necessarily indicate all or any portion of such revenues in the absence of further qualification.

    (c) “Project” means the construction, other acquisition and improvement, or any combination thereof, of a building or buildings for student housing and dining at the Great Basin College, equipment and furnishings therefor, and other appurtenances relating thereto.

    2.  The board, on behalf and in the name of the university, is authorized by this section, as supplemented by the provisions of the University Securities Law:

    (a) To finance the project by the issuance of bonds and other securities of the university in a total principal amount not exceeding $3,000,000, except that if the board sells any of the bonds or other securities at a discount, the total principal amount of the bonds and other securities the board is authorized to issue increases by an amount equal to the amount of the discount at which the bonds or other securities are sold;

    (b) To issue the bonds and other securities in connection with the project in one series or more at any time or from time to time, but not later than 5 years after the effective date of this section, as the board determines, and consisting of special obligations of the university payable from the net pledged revenues authorized by this section and which may subsequently be payable from other net pledged revenues, secured by a pledge thereof and a lien thereon, subject to existing contractual limitations, and subject to the limitations in paragraph (a);

    (c) To employ legal, fiscal and other expert services and to defray the costs thereof with any money available therefore, including, without limitation, proceeds of securities authorized by this section; and

    (d) To exercise the incidental powers provided in the University Securities Law in connection with the powers authorized by this section except as otherwise expressly provided in this section.

    3.  This section does not prevent the board from funding, refunding or reissuing any securities of the university or the board at any time as provided in the University Securities Law.

    4.  The powers conferred by this section are in addition to and supplemental to, and the limitations imposed by this section do not affect the powers conferred by any other law, general or special. Securities may be issued under this section without regard to the procedure required by any other such law except as otherwise provided in this section or in the University Securities Law. Insofar as the provisions of this section are inconsistent with the provisions of any other law, general or special, the provisions of this section control.

    5.  The legislature intends that this section, being necessary to secure and preserve the public health, safety, convenience and welfare, be liberally construed to effect its purposes.

    6.  If any provision of this section or the application thereof to any person, thing or circumstances is held invalid, that invalidity does not affect the provisions or application of this section that can be given effect without the invalid provisions or application, and to this end the provisions of this section are declared to be severable.”.

    Amend section 1, page 1, line 9, by deleting “$58,500,000” and inserting “$88,500,000”.

    Amend the title of the bill, first line, after “Nevada;” by inserting: “authorizing the issuance of revenue bonds to pay a portion of the cost of constructing buildings for student housing and dining at the Great Basin College;”.

    Amend the summary of the bill to read as follows:

    “SUMMARY—Authorizes issuance of revenue bonds to finance certain buildings at Great Basin College and increases maximum amount of revenue bonds previously authorized to finance facilities of University and Community College System of Nevada. (BDR S‑1226)”.

    Senator Raggio moved the adoption of the amendment.

    Remarks by Senator Raggio.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Senate Bill No. 497.

    Bill read second time.

    The following amendment was proposed by the Committee on Finance:

    Amendment No. 794.

    Amend section 1, page 1, line 6, by deleting “Mall.” and inserting: “Mall or similar facilities for Truckee Meadows Community College in Washoe County.”.

    Amend section 1, page 1, line 11, by deleting “Mall.” and inserting: “Mall or similar facilities for Truckee Meadows Community College in Washoe County.”.

    Amend section 1, page 1, line 12, after “Mall” by inserting: “or similar facilities for Truckee Meadows Community College in Washoe County”.

    Amend section 1, pages 1 and 2, by deleting lines 15 through 22 on page 1 and lines 1 through 3 on page 2 and inserting: “Treasurer on the date on which the rent payments for the portion of the Reno Town Mall that is rented by the University and Community College System of Nevada on the effective date of this act would have been due, for deposit into the consolidated bond interest and redemption fund, from amounts appropriated by the Legislature to the University and Community College System of Nevada for rent payments on a portion of the Reno Town Mall and from other money of the University and Community College System of Nevada, an amount equal to the amount of principal and interest which accrues on the bonds in each month following the acquisition of the portion of the Reno Town Mall or similar facilities for Truckee Meadows Community College in Washoe County.”.

    Senator Raggio moved the adoption of the amendment.

    Remarks by Senator Raggio.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 7.

    Bill read second time and ordered to third reading.

    Assembly Bill No. 29.

    Bill read second time and ordered to third reading.

    Assembly Bill No. 33.

    Bill read second time and ordered to third reading.

    Assembly Bill No. 44.

    Bill read second time.

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

    Amendment No. 812.

    Amend sec. 2, page 2, by deleting lines 38 and 39 and inserting: “accurate reproduction of the original. If a claim filed in this state is open, the records in the file”.

    Amend sec. 2, page 2, line 43, by deleting “has been” and inserting “is”.

    Amend sec. 2, page 2, line 45, by deleting “7 calendar” and inserting “14”.

    Amend sec. 2, page 3, line 8, by deleting: “current or closed claims; and” and inserting: “[current] claims that are open or closed [claims;] ; and”.

    Amend sec. 5 page 4, line 34, after “paid;” by inserting “and”.

    Amend sec. 5, page 4, by deleting lines 35 through 37 and inserting:

    “(b) The [periodic revision of the schedule; and

    (c) The] monitoring of compliance by providers of benefits with the [adopted] schedule of fees and charges.”.

    Amend the bill as a whole by renumbering sections 7 through 9 as sections 8 through 10 and adding a new section designated sec. 7, following sec. 6, to read as follows:

    “Sec. 7. NRS 233B.039 is hereby amended to read as follows:

    233B.039  1.  The following agencies are entirely exempted from the requirements of this chapter:

    (a) The governor.

    (b) The department of prisons.

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

    (d) The office of the military.

    (e) The state gaming control board.

    (f) The Nevada gaming commission.

    (g) The welfare division of the department of human resources.

    (h) The division of health care financing and policy of the department of human resources.

    (i) The state board of examiners acting pursuant to chapter 217 of NRS.

    (j) Except as otherwise provided in NRS 533.365, the office of the state engineer.

    (k) The division of industrial relations of the department of business and industry in acting to enforce the provisions of NRS 618.375.

    (l) The administrator of the division in establishing and adjusting the schedule of fees and charges for accident benefits pursuant to subsection 2 of NRS 616C.260.

    (m) The board to review claims in adopting resolutions to carry out its duties pursuant to NRS 590.830.

    2.  Except as otherwise provided in NRS 391.323, the department of education, the board of the public employees’ benefits program and the commission on professional standards in education are subject to the provisions of this chapter for the purpose of adopting regulations but not with respect to any contested case.

    3.  The special provisions of:

    (a) Chapter 612 of NRS for the distribution of regulations by and the judicial review of decisions of the employment security division of the department of employment, training and rehabilitation;

    (b) Chapters 616A to 617, inclusive, of NRS for the determination of contested claims;

    (c) Chapter 703 of NRS for the judicial review of decisions of the public utilities commission of Nevada;

    (d) Chapter 91 of NRS for the judicial review of decisions of the administrator of the securities division of the office of the secretary of state; and

    (e) NRS 90.800 for the use of summary orders in contested cases,

prevail over the general provisions of this chapter.

    4.  The provisions of NRS 233B.122, 233B.124, 233B.125 and 233B.126 do not apply to the department of human resources in the adjudication of contested cases involving the issuance of letters of approval for health facilities and agencies.

    5.  The provisions of this chapter do not apply to:

    (a) Any order for immediate action, including, but not limited to, quarantine and the treatment or cleansing of infected or infested animals, objects or premises, made under the authority of the state board of agriculture, the state board of health, the state board of sheep commissioners or any other agency of this state in the discharge of a responsibility for the preservation of human or animal health or for insect or pest control; or

    (b) An extraordinary regulation of the state board of pharmacy adopted pursuant to NRS 453.2184.

    6.  The state board of parole commissioners is subject to the provisions of this chapter for the purpose of adopting regulations but not with respect to any contested case.”.

    Amend sec. 8, page 5, line 37, by deleting “1” and inserting “5”.

    Amend sec. 8, page 5, line 41, by deleting “1” and inserting “5”.

    Amend sec. 9, page 6, line 9, by deleting: “6, 7 and 8” and inserting: “6 to 9, inclusive,”.

    Senator Townsend moved the adoption of the amendment.

    Remarks by Senator Townsend.

    Amendment adopted.

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

    Assembly Bill No. 74.

    Bill read second time.

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

    Amendment No. 709.

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

    “Sec. 2. 1.  Except as otherwise provided in subsection 2, the labor commissioner shall adopt regulations prohibiting the employment of a child under the age of 16 years in connection with the solicitation for sale or selling of any product, good or service at any time or place or in any manner the labor commissioner determines to be dangerous to the health or welfare of such a child.

    2.  The labor commissioner shall not prohibit the employment of a child under the age of 16 years in connection with the solicitation for sale or selling of:

    (a) Any product, good or service in a county whose population is less than 100,000; or

    (b) Any agricultural product at a fixed location directly to consumers and not for resale.

This subsection does not authorize the employment of a child in violation of a specific statute.

    3.  No child under the age of 16 years may be employed, permitted or required to work in any capacity, including, without limitation, as an independent contractor, in connection with the solicitation for sale or selling of any product, good or service at any time or place or in any manner prohibited by the labor commissioner pursuant to subsection 1.”.

    Amend the bill as a whole by renumbering sections 4 through 6 as sections 5 through 7 and adding a new section designated sec. 4, following sec. 3, to read as follows:

    “Sec. 4. NRS 609.200 is hereby amended to read as follows:

    609.200  [The] Except as otherwise provided in section 2 of this act, the labor commissioner may[, from time to time,] determine whether or not any particular trade, process of manufacture[,] or occupation, or any particular method of carrying on such trade, process of manufacture or occupation is sufficiently dangerous to the lives or limbs, or injurious to the health or morals, of minors under 16 years of age employed therein to justify their exclusion therefrom, and may prohibit their employment therein.”.

    Amend the title of the bill, first line, after “children;” by inserting: “requiring the labor commissioner to adopt regulations”

    Amend the summary of the bill to read as follows:

    “SUMMARY—Requires labor commissioner to adopt regulations prohibiting employment of children under 16 years of age in certain activities relating to commercial sales. (BDR 53-659)”.

    Senator Townsend moved the adoption of the amendment.

    Remarks by Senators Townsend and Neal.

    Amendment adopted.

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

    Assembly Bill No. 77.

    Bill read second time.

    The following amendment was proposed by the Committee on Judiciary:

    Amendment No. 750.

    Amend sec. 5, page 4, line 18, by deleting “All” and inserting: [All] Except as otherwise provided in NRS 607.170, all”.

    Amend the bill as a whole by deleting section 11 and inserting:

    “Sec. 11.  (Deleted by amendment.)”.

    Amend the bill as a whole by deleting sec. 16 and adding a new section designated sec. 16, following sec. 15, to read as follows:

    “Sec. 16.  1.  This section and sections 1 to 4, inclusive, and 6 to 15, inclusive, of this act become effective upon passage and approval.

    2.  Section 5 of this act becomes effective on July 1, 2001.”.

    Senator James moved the adoption of the amendment.

    Remarks by Senator James.

    Amendment adopted.

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

    Assembly Bill No. 92.

    Bill read second time.

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

    Amendment No. 767.

    Amend section 1, page 1, line 10, after “neighborhoods;” by inserting “and”.

    Amend section 1, page 1, line 11, by deleting “property; and” and inserting “property.”.

    Amend section 1, page 1, by deleting line 12.

    Senator O'Connell moved the adoption of the amendment.

    Remarks by Senator O'Connell.

    Amendment adopted.

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

    Assembly Bill No. 113.

    Bill read second time.

    The following amendment was proposed by the Committee on Transportation:

    Amendment No. 793.

    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. Chapter 482 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

    Sec. 2.  1.  Except as otherwise provided in this subsection, the department, in cooperation with the Pyramid Lake Paiute Tribe, shall design, prepare and issue license plates for the support of the preservation and restoration of the natural environment of the Lower Truckee River and Pyramid Lake using any colors that the department deems appropriate. The design of the license plates must include a depiction of Pyramid Lake and its surrounding area. The department shall not design, prepare or issue the license plates unless it receives at least 250 applications for the issuance of those plates.

    2.  If the department receives at least 250 applications for the issuance of license plates for the support of the preservation and restoration of the natural environment of the Lower Truckee River and Pyramid Lake, the department shall issue those plates for a passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates for the support of the preservation and restoration of the natural environment of the Lower Truckee River and Pyramid Lake if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates for the support of the preservation and restoration of the natural environment of the Lower Truckee River and Pyramid Lake pursuant to subsections 3 and 4.

    3.  The fee for license plates for the support of the preservation and restoration of the natural environment of the Lower Truckee River and Pyramid Lake is $35, in addition to all other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment of $10.

    4.  In addition to all other applicable registration and license fees and governmental services taxes and the fee prescribed in subsection 3, a person who requests a set of license plates for the support of the preservation and restoration of the natural environment of the Lower Truckee River and Pyramid Lake must pay for the initial issuance of the plates an additional fee of $25 and for each renewal of the plates an additional fee of $20, to be distributed pursuant to subsection 5.

    5.  The department shall deposit the fees collected pursuant to subsection 4 with the state treasurer for credit to the state general fund. The state treasurer shall, on a quarterly basis, distribute the fees deposited pursuant to this subsection to the Pyramid Lake Paiute Tribe. The fees deposited pursuant to this subsection may only be used to:

    (a) Protect, restore and enhance the water quality and natural resources of or relating to the Lower Truckee River and Pyramid Lake, including, without limitation:

        (1) Providing matching money for grants that are available from federal or state agencies for such purposes; and

        (2) Paying the costs of the Tribe’s portion of joint projects with local, state or federal agencies for such purposes.

    (b) Pay for, or match grants for, projects for the enhancement of the economic development of the area surrounding the Lower Truckee River and Pyramid Lake.

    (c) Pay for the development and construction of an arena on the Pyramid Lake Indian Reservation for activities pertaining to fairgrounds or rodeos, or both, and to provide financial support for the establishment of a rodeo team or other designated activities at Pyramid Lake High School. Until October 1, 2006, 25 percent of the fees deposited pursuant to this subsection must be used for the purposes described in this paragraph.

    6.  If, during a registration year, the holder of license plates issued pursuant to the provisions of subsections 1 to 6, inclusive, disposes of the vehicle to which the plates are affixed, the holder shall:

    (a) Retain the plates and affix them to another vehicle that meets the requirements of subsections 1 to 6, inclusive, if the transfer and registration fees are paid as set forth in this chapter; or

    (b) Within 30 days after removing the plates from the vehicle, return them to the department.

    7.  Except as otherwise provided in this subsection, the director shall, at the request of the Pyramid Lake Paiute Tribe:

    (a) Order the design and preparation of souvenir license plates that indicate support for the preservation and restoration of the natural environment of the Lower Truckee River and Pyramid Lake; and

    (b) Issue such souvenir license plates only to the Pyramid Lake Paiute Tribe for a fee established pursuant to NRS 482.3825. The Pyramid Lake Paiute Tribe may resell such souvenir license plates at a price determined by the Tribe. The director shall not order the design or preparation of souvenir license plates pursuant to this subsection unless the department has received at least 250 applications for the issuance of license plates for the support of the preservation and restoration of the natural environment of the Lower Truckee River and Pyramid Lake pursuant to subsections 1 to 6, inclusive.”.

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

    “Sec. 3. 1.  Except as otherwise provided in this subsection, the department, in”.

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

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

    Amend sec. 2, page 3, by deleting line 20 and inserting: “482.3825, inclusive, section 1 of Senate Bill No. 414 ofthis session ,[and] section 1 of Senate Bill No. 77 of this [act;] session and sections 2 and 3 of this act; or”.

    Amend the bill as a whole by renumbering sec. 3 as sec. 6 and adding a new section designated sec. 5, following sec. 2, to read as follows:

    “Sec. 5. NRS 482.3825 is hereby amended to read as follows:

    482.3825  1.  The director may order the design and preparation of souvenir license plates which are easily distinguishable in design or color from regular license plates. The director may establish a fee for the issuance of such plates of not more than $15 per plate. The department may issue more than one plate of any particular design.

    2.  All money collected from the issuance of souvenir license plates must be deposited in the state treasury for credit to the motor vehicle fund.

    3.  As used in this section, “issuance” does not include the resale of a souvenir license plate.”.

    Amend sec. 3, page 3, by deleting line 47 and inserting: “inclusive, section 1 of Senate Bill No. 414 ofthis session ,[and] section 1 of Senate Bill No. 77 of this [act,] session and sections 2 and 3 of this act, a fee of $10.”.

    Amend sec. 3, page 4, line 1, by deleting “For” and inserting: “[For] Except as otherwise provided in section 2 of this act, for”.

    Amend sec. 3, page 4, lines 4 and 5, by deleting: “of a decal [requested] issued” and inserting: “of a decal issued”.

    Amend the bill as a whole by renumbering sections 4 and 5 as sections 8 and 9 and adding a new section designated sec. 7, following sec. 3, to read as follows:

    “Sec. 7. Sections 2, 4 and 7 of Senate Bill No. 77 of this session are hereby amended to read as follows:

    Sec. 2.  NRS 482.216 is hereby amended to read as follows:

    482.216  1.  Upon the request of a new vehicle dealer, the department may authorize the new vehicle dealer to:

    (a) Accept applications for the registration of the new motor vehicles he sells and the related fees and taxes;

    (b) Issue certificates of registration to applicants who satisfy the requirements of this chapter; and

    (c) Accept applications for the transfer of registration pursuant to NRS 482.399 if the applicant purchased from the new vehicle dealer a new vehicle to which the registration is to be transferred.

    2.  A new vehicle dealer who is authorized to issue certificates of registration pursuant to subsection 1 shall:

    (a) Transmit the applications he receives to the department within the period prescribed by the department;

    (b) Transmit the fees he collects from the applicants and properly account for them within the period prescribed by the department;

    (c) Comply with the regulations adopted pursuant to subsection 4; and

    (d) Bear any cost of equipment which is necessary to issue certificates of registration, including any computer hardware or software.

    3.  A new vehicle dealer who is authorized to issue certificates of registration pursuant to subsection 1 shall not:

    (a) Charge any additional fee for the performance of those services;

    (b) Receive compensation from the department for the performance of those services;

    (c) Accept applications for the renewal of registration of a motor vehicle; or

    (d) Accept an application for the registration of a motor vehicle if the applicant wishes to:

        (1) Obtain special license plates pursuant to NRS 482.3667 to 482.3825, inclusive, [and] section 1 of Senate Bill No. 414 of this [act;] session and section 1 of this act; or

        (2) Claim the exemption from the governmental services tax provided pursuant to NRS 361.1565 to veterans and their relations.

    4.  The director shall adopt such regulations as are necessary to carry out the provisions of this section. The regulations adopted pursuant to this subsection must provide for:

    (a) The expedient and secure issuance of license plates and decals by the department; and

    (b) The withdrawal of the authority granted to a new vehicle dealer pursuant to subsection 1 if that dealer fails to comply with the regulations adopted by the department.

    Sec. 4.  NRS 482.500 is hereby amended to read as follows:

    482.500  1.  Except as otherwise provided in subsection 2 or 3, whenever upon application any duplicate or substitute certificate of registration, decal or number plate is issued, the following fees must be paid:

   For a certificate of registration$5.00

   For every substitute number plate or set of plates5.00

   For every duplicate number plate or set of plates10.00

   For every decal displaying a county name   .50

   For every other decal, license plate sticker or tab5.00

    2.  The following fees must be paid for any replacement plate or set of plates issued for the following special license plates:

    (a) For any special plate issued pursuant to NRS 482.3667, 482.3672, 482.3675, 482.370 to 482.376, inclusive, or 482.379 to 482.3816, inclusive, [and] section 1 of Senate Bill No. 414 of this [act,] session and section 1 of this act, a fee of $10.

    (b) For any special plate issued pursuant to NRS 482.368, 482.3765, 482.377 or 482.378, a fee of $5.

    (c) For any souvenir license plate issued pursuant to NRS 482.3825 or sample license plate issued pursuant to NRS 482.2703, a fee equal to that established by the director for the issuance of those plates.

    3.  A fee must not be charged for a duplicate or substitute of a decal issued pursuant to NRS 482.37635.

    4.  The fees which are paid for duplicate number plates and decals displaying county names must be deposited with the state treasurer for credit to the motor vehicle fund and allocated to the department to defray the costs of duplicating the plates and manufacturing the decals.

    5.  As used in this section:

    (a) “Duplicate number plate” means a license plate or a set of license plates issued to a registered owner which repeat the code of a plate or set of plates previously issued to the owner to maintain his registration using the same code.

    (b) “Substitute number plate” means a license plate or a set of license plates issued in place of a previously issued and unexpired plate or set of plates. The plate or set of plates does not repeat the code of the previously issued plate or set.

    Sec. 7.  1.  This section and sections 1, 3, 5 and 6 of this act become effective on October 1, 2001.

    2.  Sections 2 and 4 of this act become effective at 12:01 a.m. on October 1, 2001.

    3.  The amendatory provisions of this act expire by limitation on October 1, 2005, if on that date the department of motor vehicles and public safety has received fewer than 250 applications for the issuance of a license plate pursuant to subsections 1 to 6, inclusive, of section 1 of this act.”.

    Amend sec. 4, page 4, by deleting lines 21 and 22 and inserting:

“of applications it has received for the issuance of license plates pursuant to:

    1.  Section 2 of this act; and

    2.  Section 3 of this act.”.

    Amend sec. 5, page 4, by deleting lines 23 through 26 and inserting:

    “Sec. 9. 1.  This section and sections 1, 2, 3, 5, 7 and 8 of this act become effective on October 1, 2001.

    2.  Sections 4 and 6 of this act become effective at 12:02 a.m. on October 1, 2001.

    3.  The amendatory provisions of sections 2, 5 and 6 of this act expire by limitation on October 1, 2005, if on that date the department of motor vehicles and public safety has received fewer than 250 applications for the issuance of license plates pursuant to section 2 of this act.

    4.  The amendatory provisions of section 3 of this act expire by limitation on October 1, 2005, if on that date the department of motor vehicles and public safety has received fewer than 250 applications for the issuance of license plates pursuant to section 3 of this act.”.

    Amend the title of the bill, first line, after “vehicles;” by inserting:

“providing for the issuance of special license plates and souvenir license plates for the support of the preservation and restoration of the natural environment of the Lower Truckee River and Pyramid Lake;”.

    Amend the summary of the bill to read as follows:

    “SUMMARY¾Provides for issuance of special license plates and souvenir license plates to support preservation and restoration of natural environment of Lower Truckee River and Pyramid Lake and provides for issuance of special license plates for support of rodeos. (BDR 43‑1005)”.

    Senator O'Donnell moved the adoption of the amendment.

    Remarks by Senators O'Donnell, Neal, Titus and Amodei.

    Amendment adopted.

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

    Assembly Bill No. 165.

    Bill read second time and ordered to third reading.

    Assembly Bill No. 171.

    Bill read second time and ordered to third reading.

    Assembly Bill No. 192.

    Bill read second time.

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

    Amendment No. 851.

    Amend section 1, page 1, by deleting lines 10 and 11 and inserting:

    “(b) Have at least [two instructors] :

        (1) One instructor on the premises of the barber school at all times if ”.

    Senator Carlton moved the adoption of the amendment.

    Remarks by Senator Carlton.

    Amendment adopted.

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

    Assembly Bill No. 199.

    Bill read second time and ordered to third reading.

    Assembly Bill No. 201.

    Bill read second time and ordered to third reading.

    Assembly Bill No. 242.

    Bill read second time and ordered to third reading.

    Assembly Bill No. 245.

    Bill read second time.

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

    Amendment No. 746.

    Amend the bill as a whole by deleting sections 1 through 15 and adding new sections designated sections 1 through 16, following the enacting clause, to read as follows:

    “Section 1. Chapter 598 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 14, inclusive, of this act.

    Sec. 2. As used in sections 2 to 14, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 8, inclusive, of this act have the meanings ascribed to them in those sections.

    Sec. 3.  “Advertise” and “advertisement” mean the attempt by publication, dissemination, solicitation or circulation to induce, directly or indirectly, any person to take a sightseeing tour.

    Sec. 4.  “Commissioner” means the commissioner of the division.

    Sec. 5.  “Division” means the consumer affairs division of the department of business and industry.

    Sec. 6. “Sightseeing tour” means an excursion that:

    1.  Has a duration of 24 hours or less;

    2.  Travels to one or more points of interest; and

    3.  Is conducted using one or more means of motorized conveyance, including, without limitation, an airplane, bus, helicopter, tour boat or touring raft.

    Sec. 7.  “Tour broker” means a person who, in this state, advertises a sightseeing tour for a tour operator and collects money from customers for a sightseeing tour.

    Sec. 8.  “Tour operator” means a person who, in this state, engages in the business of providing a sightseeing tour to customers.

    Sec. 9.  1.  In each advertisement for a sightseeing tour, a tour broker and a tour operator shall disclose in a clear and conspicuous manner the total price a customer is required to pay to take the sightseeing tour. Unless the inclusion of a fee or tax in the total price would violate a specific statute of this state or a federal statute or regulation, the total price must include, without limitation, all fees, taxes and other charges that a customer for a sightseeing tour is required to pay to take the sightseeing tour. If a fee or tax cannot be included in the total price because its inclusion would violate a specific statute of this state or a federal statute or regulation, the tour broker or tour operator, as applicable, shall disclose in a clear and conspicuous manner that the fee or tax is not included in the total price and must be paid in addition to the total price.

    2.  A tour broker and a tour operator shall not charge a customer for a sightseeing tour an amount that exceeds the sum of:

    (a) The total price for the sightseeing tour which is disclosed in an advertisement for the sightseeing tour; and

    (b) Any fee or tax that is not included in the total price for the sightseeing tour because its inclusion would violate a specific statute of this state or a federal statute or regulation.

    3.  On a billing invoice or receipt given to a customer for a sightseeing tour, a tour broker and a tour operator shall provide a clear and conspicuous notice which:

    (a) Sets forth the provisions of subsection 2;

    (b) States that complaints concerning the charges for a sightseeing tour may be directed to the division; and

    (c) Provides a telephone number for the division.

    4.  If a tour operator issues or causes to be issued a coupon or other indicia of discount or special promotion, the tour operator shall honor the coupon or other indicia in good faith unless:

    (a) The coupon or other indicia sets forth a date of expiration that is clearly legible; and

    (b) The date of expiration has passed.

    5.  The failure of a tour broker or tour operator to comply with a provision of this section constitutes a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive.

    Sec. 10.  The provisions of sections 11, 12 and 13 of this act do not apply to a tour broker whose business is confined to advertising, or a tour operator whose business is confined to advertising and conducting, sightseeing tours that originate in a county other than a county whose population is 400,000 or more.

    Sec. 11.  1.  Each tour broker and tour operator shall deposit with the division:

    (a) A bond executed by a corporate surety approved by the commissioner and licensed to do business in this state;

    (b) An irrevocable letter of credit for which the tour broker or tour operator is the obligor, issued by a bank whose deposits are federally insured; or

    (c) A certificate of deposit in a financial institution which is doing business in this state and which is federally insured or insured by a private insurer approved pursuant to NRS 678.755. The certificate of deposit may be withdrawn only on the order of the commissioner, except that the interest may accrue to the tour broker or tour operator.

    2.  The term of the bond, letter of credit or certificate of deposit, or any renewal thereof, must be not less than 1 year.

    3.  The amount of the bond, letter of credit or certificate of deposit, or any renewal thereof, must be $10,000.

    4.  If the tour broker or tour operator deposits a bond, the tour broker or tour operator shall keep accurate records of the bond and the payments made on the premium. The records must be open to inspection by the division during business hours. The tour broker or tour operator shall notify the division not later than 30 days before the date of expiration of the bond and provide written proof of the renewal of the bond to the division.

    5.  The commissioner may reject any bond, letter of credit or certificate of deposit that fails to conform to the requirements of this chapter.

    6.  A tour broker or tour operator may change the form of security that he has deposited with the division. If the tour broker or tour operator changes the form of the security, the commissioner may retain for not more than 1 year any portion of the security previously deposited by the tour broker or tour operator as security for claims arising during the time the previous security was in effect.

    7.  If the amount of the bond, letter of credit or certificate of deposit falls below the amount required by this section, the tour broker or tour operator shall, within 30 days, increase the amount of the bond, letter of credit or certificate of deposit to the amount required by this section.

    Sec. 12.  1.  The security required to be deposited by a tour broker or tour operator pursuant to section 11 of this act must be held in trust for consumers injured by:

    (a) The bankruptcy of the tour broker or tour operator; or

    (b) The tour broker’s or tour operator’s breach of any agreement entered into in his capacity as a tour broker or tour operator.

    2.  A consumer so injured may bring and maintain an action in any court of competent jurisdiction to recover against the security.

    3.  The division may bring an action for interpleader against all claimants upon the security. If the division brings such an action, the division shall publish notice of the action at least once each week for 2 weeks in a newspaper of general circulation in the county in which the tour broker or tour operator has its principal place of business. The division may deduct its costs of the action, including, without limitation, the costs of the publication of the notice, from the amount of the security. All claims against the security have equal priority. If the security is insufficient to pay all the claims in full, the claims must be paid pro rata. If the tour broker or tour operator has posted a bond with the division, the surety is then relieved of all liability under the bond.

    4.  The division may, in lieu of bringing an action for interpleader pursuant to subsection 3, conduct a hearing to determine the distribution of the security to claimants. The division shall adopt regulations to provide for adequate notice and the conduct of the hearing. If the tour broker or tour operator has posted a bond with the division, distribution pursuant to this subsection relieves the surety of all liability under the bond.

    Sec. 13.  1.  If no claims have been filed against the security deposited with the division pursuant to section 11 of this act within 6 months after the tour broker or tour operator ceases to operate, the commissioner shall release the security to the tour broker or tour operator and shall not audit any claims filed against the security thereafter by consumers.

    2.  If one or more claims have been filed against the security within 6 months after the tour broker or tour operator ceases to operate, the proceeds must not be released to the tour broker or tour operator or distributed to any consumer earlier than 1 year after the tour broker or tour operator ceases to operate.

    3.  For the purposes of this section, the commissioner shall determine the date on which a tour broker or tour operator ceases to operate.

    Sec. 14. The commissioner may adopt such regulations as the commissioner determines are necessary to carry out the intent of sections 2 to 14, inclusive, of this act.

    Sec. 15.  NRS 598.0999 is hereby amended to read as follows:

    598.0999  1.  A person who violates a court order or injunction issued pursuant to the provisions of NRS 598.0903 to 598.0999, inclusive, and section 1 of Assembly Bill No. 337 of this [act] session upon a complaint brought by the commissioner, the director, the district attorney of any county of this state or the attorney general shall forfeit and pay to the state general fund a civil penalty of not more than $10,000 for each violation. For the purpose of this section, the court issuing the order or injunction retains jurisdiction over the action or proceeding. Such civil penalties are in addition to any other penalty or remedy available for the enforcement of the provisions of NRS 598.0903 to 598.0999, inclusive, and section 1 of Assembly Bill No. 337 of this [act.] session.

    2.  In any action brought pursuant to the provisions of NRS 598.0903 to 598.0999, inclusive, and section 1 of Assembly Bill No. 337 of this [act,] session, if the court finds that a person has willfully engaged in a deceptive trade practice, the commissioner, the director, the district attorney of any county in this state or the attorney general bringing the action may recover a civil penalty not to exceed $2,500 for each violation. The court in any such action may, in addition to any other relief or reimbursement, award reasonable attorney’s fees and costs.

    3.  A natural person, firm, or any officer or managing agent of any corporation or association who knowingly and willfully engages in a deceptive trade practice, other than a deceptive trade practice described in NRS 598.992:

    (a) For the first offense, is guilty of a misdemeanor.

    (b) For the second offense, is guilty of a gross misdemeanor.

    (c) For the third and all subsequent offenses, is guilty of a category D felony and shall be punished as provided in NRS 193.130.

    4.  Any offense which occurred within 10 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of subsection 3 when evidenced by a conviction, without regard to the sequence of the offenses and convictions.

    5.  If a person violates any provision of NRS 598.0903 to 598.0999, inclusive, and section 1 of Assembly Bill No. 337 of this [act,] session, 598.100 to 598.2801, inclusive, 598.281 to 598.289, inclusive, 598.840 to 598.966, inclusive, sections 2 to 14, inclusive, of this act or 598.992, fails to comply with a judgment or order of any court in this state concerning a violation of such a provision, or fails to comply with an assurance of discontinuance or other agreement concerning an alleged violation of such a provision, the commissioner or the district attorney of any county may bring an action in the name of the State of Nevada seeking:

    (a) The suspension of the person’s privilege to conduct business within this state; or

    (b) If the defendant is a corporation, dissolution of the corporation.

The court may grant or deny the relief sought or may order other appropriate relief.

    Sec. 16. The amendatory provisions of this act do not apply to offenses committed before October 1, 2001.”.

    Amend the title of the bill to read as follows:

    “AN ACT relating to deceptive trade practices; requiring certain tour brokers and tour operators to make certain disclosures relating to price in an advertisement for a sightseeing tour; prohibiting certain tour brokers and tour operators from charging more for a sightseeing tour than the price disclosed in an advertisement for the tour; requiring certain tour brokers and tour operators to include certain information on a billing invoice or receipt given to a customer for a sightseeing tour; requiring a tour operator to honor in good faith any nonexpired coupon or other indicia of discount or special promotion that the tour operator has issued or caused to be issued; requiring certain tour brokers and tour operators to deposit security with the consumer affairs division of the department of business and industry; authorizing certain consumers to bring and maintain an action to recover against the deposited security; providing for the release of the deposited security within a certain period after the tour broker or tour operator ceases to operate; authorizing the commissioner of the consumer affairs division to adopt certain regulations; providing penalties; and providing other matters properly relating thereto.”.

    Senator Shaffer moved the adoption of the amendment.

    Remarks by Senator Shaffer.

    Amendment adopted.

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

    Assembly Bill No. 253.

    Bill read second time.

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

    Amendment No. 849.

    Amend sec. 24.5, page 6, line 49, by deleting “include lost” and inserting: “include:

    (a) Costs incurred by the institution relating to any investigation or hearing conducted by the national collegiate athletic association concerning the violation; and

    (b) Lost”.

    Amend sec. 24.5, page 7, line 1, by deleting “(a)” and inserting “(1)”.

    Amend sec. 24.5, page 7, line 2, by deleting “(b)” and inserting “(2)”.

    Amend sec. 24.5, page 7, line 3, by deleting “(c)” and inserting “(3)”.

    Amend sec. 24.5, page 7, line 5, by deleting “(d)” and inserting “(4)”.

    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. 257.

    Bill read second time and ordered to third reading.

    Assembly Bill No. 267.

    Bill read second time and ordered to third reading.

    Assembly Bill No. 294.

    Bill read second time.

    The following amendment was proposed by the Committee on Judiciary:

    Amendment No. 753.

    Amend sec. 3, page 3, line 14, by deleting “subsection 3” and inserting “this section”.

    Amend sec. 3, page 3, line 38, by deleting “sealed.” and inserting: “automatically sealed when the child reaches 21 years of age.

    4.  Except as otherwise provided in NRS 62.600, a child whose record has not been automatically sealed pursuant to subsection 2 may petition for the sealing of all records relating to the child after the child reaches 30 years of age.”.

    Amend sec. 3, page 3, line 39, by deleting “4.” and inserting “5.”.

    Amend sec. 3, page 3, by deleting line 41 and inserting: “petitioner. If a petition is filed pursuant to subsection 4, the court shall notify the district attorney of the county. The district attorney, a probation officer, any of their deputies or”.

    Amend sec. 3, page 3, by deleting line 44 and inserting:

    “[3.] 6. If, after [the hearing,] a hearing on a petition filed pursuant to subsection 1, the court finds that, [since such termination”.

    Amend sec. 3, page 4, by deleting line 8 and inserting:

    “5.] 7.  If, after a hearing on a petition filed pursuant to subsection 4, the court finds that, in the period since the child reached 21 years of age, the child has not been convicted of any offense, except for minor moving or standing traffic violations, the court may order sealed all records, papers and exhibits in the child’s case in the custody of the juvenile court, district court, justice’s court, municipal court, probation officer, law enforcement agency or any other agency or public official. Other records relating to the case, in the custody of such other agencies and officials as are named in the order, may also be ordered sealed.

    8.  The court shall send a copy of the order sealing the records of a”.

    Amend sec. 3, page 4, line 14, by deleting “7.” and inserting “9.”.

    Amend sec. 3, page 4, line 19, by deleting “8.” and inserting “10.”.

    Amend sec. 3, page 4, line 22, by deleting “9.” and inserting “11.”.

    Amend sec. 3, page 4, line 26, by deleting “10.” and inserting “12.”.

    Amend sec. 3, page 4, line 29, by deleting “11.” and inserting “13.”.

    Amend sec. 3, page 4, line 31, by deleting “12.” and inserting “14.”.

    Amend sec. 3, page 4, line 35, by deleting “13.” and inserting “15.”.

    Amend the title of the bill, third line, after “records” by inserting “automatically”.

    Senator Wiener moved the adoption of the amendment.

    Remarks by Senator Wiener.

    Amendment adopted.

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

    Assembly Bill No. 302.

    Bill read second time.

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

    Amendment No. 854.

    Amend sec. 6, page 3, by deleting lines 40 through 49 and inserting:

    “(a) Successfully completed an accredited 4-year program of study, or its equivalent, in Oriental medicine that is approved by the board; and

    (b) Passed the examinations required by NRS 634A.120; or

    2.  Has:

    (a) Successfully completed a 4-year program, or its equivalent, in Oriental medicine at a school or college of Oriental medicine that is approved by the board;”.

    Amend sec. 6, page 4, line 1, after “state” by inserting: “or foreign country”.

    Amend sec. 6, page 4, line 5, by deleting “634A.120; or” and inserting “634A.120.”.

    Amend sec. 6, page 4, by deleting lines 6 through 14.

    Amend sec. 15, page 8, by deleting line 35 and inserting: “after June 30, 1999, and before the effective date of this act.”.

    Amend sec. 16, page 8, line 38, by deleting: “October 1, 2001,” and inserting: “the effective date of this act,”.

    Amend the bill as a whole by adding a new section designated sec. 17, following sec. 16, to read as follows:

    “Sec. 17. This act becomes effective upon passage and approval.”.

    Senator Carlton moved the adoption of the amendment.

    Remarks by Senator Carlton.

    Amendment adopted.

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

    Assembly Bill No. 308.

    Bill read second time.

    The following amendment was proposed by the Committee on Judiciary:

    Amendment No. 754.

    Amend section 1, page 2, after line 11, by inserting:

    “5.  Notwithstanding the provisions of this section, if a child is alleged to be delinquent or in need of supervision and if:

    (a) A petition is not filed and the child is placed under informal supervision pursuant to NRS 62.129, the child may waive the right to be represented by an attorney.

    (b) A petition is filed, the child may waive the right to be represented by an attorney if the record of the court shows that the waiver of the right to be represented by an attorney is made knowingly, intelligently, voluntarily and in accordance with any applicable standards established by the court.”.

    Senator James moved the adoption of the amendment.

    Remarks by Senator James.

    Amendment adopted.

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

    Assembly Bill No. 315.

    Bill read second time.

    The following amendment was proposed by the Committee on Transportation:

    Amendment No. 792.

    Amend sec. 2, page 4, line 7, by deleting: “bureau of alcohol and drug abuse in” and inserting: “health division of”.

    Amend sec. 2, page 4, line 9, by deleting “such” and inserting “that”.

    Senator O'Donnell moved the adoption of the amendment.

    Remarks by Senators O'Donnell and Coffin.

    Amendment adopted.

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

    Assembly Bill No. 325.

    Bill read second time.

    The following amendment was proposed by the Committee on Judiciary:

    Amendment No. 755.

    Amend sec. 2, page 3, line 1, by deleting: “of a testator who” and inserting: “if the testator”.

    Amend sec. 2, page 3, line 3, after “(b)” by inserting: “An inter vivos trust if the settlor dies on or after December 1, 2002;

    (c)”.

    Amend sec. 2, page 3, line 5, by deleting “(c)” and inserting “(d)”.

    Senator Care moved the adoption of the amendment.

    Remarks by Senator Care.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 327.

    Bill read second time and ordered to third reading.

    Assembly Bill No. 344.

    Bill read second time.

    The following amendment was proposed by the Committee on Judiciary:

    Amendment No. 756.

    Amend section 1, page 2, line 10, by deleting the brackets and strike-through.

    Amend section 1, page 2, lines 12 and 13, by deleting the brackets and strike-through.

    Amend section 1, page 2, lines 21 and 22, by deleting the brackets and strike-through.

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

    “Sec. 2. Section 1 of Senate Bill No. 31 of this session is hereby amended to read as follows:

    Section 1.  NRS 200.471 is hereby amended to read as follows:

    200.471  1.  As used in this section:

    (a) “Assault” means intentionally placing another person in reasonable apprehension of immediate bodily harm.

    (b) “Officer” means:

        (1) A person who possesses some or all of the powers of a peace officer;

        (2) A person employed in a full-time salaried occupation of fire fighting for the benefit or safety of the public;

        (3) A member of a volunteer fire department;

        (4) A jailer, guard, matron or other correctional officer of a city or county jail; [or]

        (5) A justice of the supreme court, district judge, justice of the peace, municipal judge, magistrate, court commissioner, master or referee, including a person acting pro tempore in a capacity listed in this subparagraph[.] ; or

        (6) An employee of the state or a political subdivision of the state whose official duties require him to make home visits.

    (c) “School employee” means a licensed or unlicensed person employed by a board of trustees of a school district pursuant to NRS 391.100.

    (d) “Taxicab” has the meaning ascribed to it in NRS 706.8816.

    (e) “Taxicab driver” means a person who operates a taxicab.

    (f) “Transit operator” means a person who operates a bus or other vehicle as part of a public mass transportation system.

    2.  A person convicted of an assault shall be punished:

    (a) If paragraph (c) or (d) of this subsection does not apply to the circumstances of the crime and the assault is not made with the use of a deadly weapon, or the present ability to use a deadly weapon, for a misdemeanor.

    (b) If the assault is made with the use of a deadly weapon, or the present ability to use a deadly weapon, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

    (c) If paragraph (d) of this subsection does not apply to the circumstances of the crime and if the assault is committed upon an officer, a school employee, a taxicab driver or a transit operator who is performing his duty and the person charged knew or should have known that the victim was an officer, school employee, taxicab driver or transit operator, for a gross misdemeanor, unless the assault is made with the use of a deadly weapon, or the present ability to use a deadly weapon, then for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

    (d) If the assault is committed upon an officer, a school employee, a taxicab driver or a transit operator who is performing his duty by a probationer, a prisoner who is in lawful custody or confinement or a parolee and the probationer, prisoner or parolee charged knew or should have known that the victim was an officer, school employee, taxicab driver or transit operator, for a category D felony as provided in NRS 193.130, unless the assault is made with the use of a deadly weapon, or the present ability to use a deadly weapon, then for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

    Sec. 3. The amendatory provisions of this act do not apply to offenses committed before the effective date of this act.

    Sec. 4. This act becomes effective upon passage and approval.”.

    Senator James moved the adoption of the amendment.

    Remarks by Senator James.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 383.

    Bill read second time and ordered to third reading.

    Assembly Bill No. 399.

    Bill read second time.

    The following amendment was proposed by the Committee on Judiciary:

    Amendment No. 757.

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

    “Section 1. Chapter 41 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  A public agency may commence an action in the name of the agency to recover the expense of an emergency response by the public agency against any person who knowingly:

    (a) Makes a false report to a peace officer that a felony or misdemeanor has been committed or that an emergency exists;

    (b) Causes a false report to be made to a peace officer that a felony or misdemeanor has been committed or that an emergency exists;

    (c) Disseminates, by any medium of public communication, a false report that a felony or misdemeanor has been committed or that an emergency exists; or

    (d) Causes the dissemination, by any medium of public communication, of a false report that a felony or misdemeanor has been committed or that an emergency exists.

    2.  A civil action may be brought pursuant to this section even if there has been no criminal conviction for the false report.

    3.  If a public agency prevails in an action brought pursuant to this section, the court shall award the public agency the costs of the action and reasonable attorney’s fees.

    4.  For the purposes of this section, a person shall be deemed to have caused a false report to be made or disseminated if:

    (a) The person intentionally created the appearance that a felony or misdemeanor was committed or that an emergency existed; and

    (b) A public agency responded to a false report that a felony or misdemeanor was committed or that an emergency existed as the result of the appearance created by the person.

    5.  As used in this section:

    (a) “Expense of an emergency response” includes, without limitation, the reasonable costs incurred by a public agency in making an appropriate response to or investigation of a false report, including, without limitation, the salary or wages of any person responding to or investigating a false report, the deemed wages of any volunteer of a public agency participating in the response or investigation, the costs for use or operation of any equipment and the costs for the use or expenditure of any resources, fuel or other materials.

    (b) “Peace officer” means any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive.

    (c) “Public agency” means an agency, bureau, board, commission, department or division of the State of Nevada or a political subdivision of the State of Nevada that provides police, fire-fighting, rescue or emergency medical services.

    Sec. 2.  The amendatory provisions of this act apply to a false report that is made or disseminated on or after the effective date of this act.”.

    Senator James moved the adoption of the amendment.

    Remarks by Senator James.

    Amendment adopted.

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

    Assembly Bill No. 402.

    Bill read second time.

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

    Amendment No. 846.

    Amend section 1, page 1, line 4, by deleting “20,000” and inserting “50,000”.

    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. 431.

    Bill read second time and ordered to third reading.

    Assembly Bill No. 440.

    Bill read second time.

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

    Amendment No. 821.

    Amend sec. 2, page 2, line 26, by deleting “6 months” and inserting “30 days”.

    Senator Porter moved the adoption of the amendment.

    Remarks by Senator Porter.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 446.

    Bill read second time and ordered to third reading.

    Assembly Bill No. 463.

    Bill read second time.

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

    Amendment No. 842.

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

    (a) Is responding to an emergency call or is in pursuit of a suspected violator of the law; or

    (b) Determines that noncompliance with any such provision is necessary to carry out his duties.”.

    Amend the bill as a whole by renumbering sections 3 and 4 as sections 4 and 5 and adding a new section designated sec. 3, following sec. 2, to read as follows:

    “Sec. 3.  NRS 574.050 is hereby amended to read as follows:

    574.050  As used in NRS 574.050 to 574.200, inclusive:

    1.  “Animal” does not include the human race, but includes every other living creature.

    2.  “Police animal” means an animal which is owned or used by a state or local governmental agency and which is used by a peace officer in performing his duties as a peace officer.

    3.  “Torture” or “cruelty” includes every act, omission or neglect, whereby unjustifiable physical pain, suffering or death is caused or permitted.”.

    Amend the title of the bill by deleting the third line and inserting: “duties under certain circumstances; revising the definition of “police animal” for provisions concerning cruelty to animals to include an animal which is used, but not owned, by a governmental agency; providing penalties; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

    “SUMMARY—Revises provisions governing treatment and use of certain animals. (BDR 15‑809)”.

    Senator Rhoads moved the adoption of the amendment.

    Remarks by Senator Rhoads.

    Amendment adopted.

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

    Assembly Bill No. 491.

    Bill read second time and ordered to third reading.

    Assembly Bill No. 536.

    Bill read second time and ordered to third reading.

    Assembly Bill No. 547.

    Bill read second time and ordered to third reading.

    Assembly Bill No. 556.

    Bill read second time.

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

    Amendment No. 768.

    Amend the bill as a whole by renumbering sections 1 through 6 as sections 2 through 7 and adding a new section designated section 1, following the enacting clause, to read as follows:

    “Section 1. NRS 353.057 is hereby amended to read as follows:

    353.057  1.  The state board of examiners may authorize [the establishment of] its clerk, under such circumstances as it deems appropriate, to authorize a state agency to establish a petty cash account [not to exceed $250 by any state agency] of not more than $250 out of the agency’s budgeted resources.

    2.  If a petty cash account is authorized for any state agency[, the state board of examiners] pursuant to this section, the clerk shall:

    (a) Define the purposes for which the petty cash account may be used; and

    (b) Provide that replenishment claims must be paid from the agency’s budgeted resources and processed as other claims against the state are paid.”.

    Amend the bill as a whole by deleting sec. 7.

    Amend the title of the bill by deleting the fourth and fifth lines and inserting: “to authorize its clerk to take certain actions on its behalf; requiring the clerk to make periodic reports of his determinations regarding certain of those actions;”.

    Senator O'Connell moved the adoption of the amendment.

    Remarks by Senator O'Connell.

    Amendment adopted.

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

    Assembly Bill No. 563.

    Bill read second time and ordered to third reading.

    Assembly Bill No. 576.

    Bill read second time and ordered to third reading.

    Assembly Bill No. 601.

    Bill read second time and ordered to third reading.

    Assembly Bill No. 604.

    Bill read second time and ordered to third reading.

    Assembly Bill No. 620.

    Bill read second time.

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

    Amendment No. 852.

    Amend sec. 4, page 3, lines 4 and 10, by deleting “delivered” and inserting “sent”.

    Amend the bill as a whole by adding a new section designated sec. 4.5, following sec. 4, to read as follows:

    “Sec. 4.5. NRS 624.031 is hereby amended to read as follows:

    624.031  [This chapter does] The provisions of this chapter do not apply to:

    1.  Work [done] performed exclusively by an authorized representative of the United States Government, the State of Nevada, or an incorporated city, county, irrigation district, reclamation district, or other municipal or political corporation or subdivision of this state.

    2.  An officer of a court when acting within the scope of his office.

    3.  Work [done] performed exclusively by a public utility operating pursuant to the regulations of the public utilities commission of Nevada on construction, maintenance and development work incidental to its [own] business.

    4.  An owner of property who is building or improving a residential structure on the property for his own occupancy and not intended for sale[.] or lease. The sale or lease, or the offering for sale or lease, of the newly built structure within 1 year after its completion creates a rebuttable presumption for the purposes of this section that the building of the structure was performed with the intent to sell[.] or lease that structure. An owner of property who requests an exemption pursuant to this subsection must apply to the board for the exemption. The board shall adopt regulations setting forth the requirements for granting the exemption.

    5.  An owner of a complex containing not more than four condominiums, townhouses, apartments or cooperative units, the managing officer of the owner or an employee of the managing officer, who performs work to repair or maintain that property the value of which is less than $500, including labor and materials, unless:

    (a) A building permit is required to perform the work;

    (b) The work is of a type performed by a plumbing, electrical, refrigeration, heating or air-conditioning contractor;

    (c) The work is of a type performed by a contractor licensed in a classification prescribed by the board that significantly affects the health, safety and welfare of members of the general public;

    (d) The work is performed as a part of a larger project:

        (1) The value of which is $500 or more; or

        (2) For which contracts of less than $500 have been awarded to evade the provisions of this chapter; or

    (e) The work is performed by a person who is licensed pursuant to this chapter or by an employee of [such a] that person.

    6.  The sale or installation of any finished product, material or article of merchandise which is not [actually] fabricated into and does not become a permanent fixed part of the structure.

    7.  The construction, alteration, improvement or repair of personal property.

    8.  The construction, alteration, improvement or repair financed in whole or in part by the Federal Government and [carried on] conducted within the limits and boundaries of a site or reservation, the title of which rests in the Federal Government.

    9.  An owner of property, the primary use of which is as an agricultural or farming enterprise, building or improving a structure on the property for his [own] use or occupancy and not intended for sale or lease.

    [10.  An owner of property who builds or improves a structure upon his property and who contracts solely with a managing contractor licensed pursuant to the provisions of this chapter for the building or improvement, if the owner is and remains financially responsible for the building or improving of all buildings and structures built by the owner upon his property pursuant to the exemption of this subsection.]”.

    Amend the title of the bill, fifth line, after “account;” by inserting: “revising the exemptions from the provisions governing contractors;”.

    Senator Townsend moved the adoption of the amendment.

    Remarks by Senator Townsend.

    Amendment adopted.

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

    Assembly Bill No. 622.

    Bill read second time.

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

    Amendment No. 850.

    Amend sec. 12, page 4, line 29, by deleting “$100” and inserting “$250”.

    Amend sec. 12, page 5, line 2, by deleting “$50.” and inserting “$150.”.

    Senator Carlton moved the adoption of the amendment.

    Remarks by Senator Carlton.

    Amendment adopted.

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

    Assembly Bill No. 628.

    Bill read second time.

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

    Amendment No. 870.

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

    “(d) If a police officer or a salaried or volunteer fireman”.

    Amend sec. 2, page 3, line 6, by deleting “employment.” and inserting: “employment, unless the insurer can prove by a preponderance of the evidence that the exposure was not related to the employment of the police officer or fireman.”.

    Amend sec. 3, page 3, line 18, by deleting “If” and inserting: “Except as otherwise provided in paragraph (d) of subsection 2 of NRS 616A.265, if”.

    Amend sec. 3, page 3, line 33, by deleting “If” and inserting: “Except as otherwise provided in paragraph (d) of subsection 2 of NRS 616A.265, if”.

    Amend the title of the bill, first line, by deleting “expanding” and inserting “revising”.

    Senator Townsend moved the adoption of the amendment.

    Remarks by Senator Townsend.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 636.

    Bill read second time and ordered to third reading.

    Assembly Bill No. 643.

    Bill read second time.

    The following amendment was proposed by the Committee on Transportation:

    Amendment No. 796.

    Amend sec. 2, page 3, line 8, by deleting “inclusive [;]” and inserting: “inclusive, and section 1 of Senate Bill No. 77 of this session and section 1 of Senate Bill No. 414 of this [act;] session”.

    Amend sec. 3, page 3, line 35, after “inclusive,” by inserting: “and section 1 of Senate Bill No. 77 of this session and section 1 of Senate Bill No. 414 of this [act,] session,”.

    Amend sec. 3, page 3, line 38, by deleting “For” and inserting: “Except as otherwise provided in section 1 of Senate Bill No. 77 of this [act,] session, for”.

    Amend sec. 3, page 3, line 41, after “substitute” by inserting “of a”.

    Amend sec. 3, page 3, line 42, by deleting “requested” and inserting “issued”.

    Amend sec. 5, page 5, line 8, after “4.” by inserting: “An owner of private property upon which is located a parking space described in subsection 1, 2 or 3 shall erect and maintain or cause to be erected and maintained any sign required pursuant to subsection 1, 2 or 3, whichever is applicable. If a parking space described in subsection 1, 2 or 3 is located on public property, the governmental entity having control over that public property shall erect and maintain or cause to be erected and maintained any sign required pursuant to subsection 1, 2 or 3, whichever is applicable.

    5.”.

    Amend sec. 5, page 5, line 22, by deleting “5.” and inserting “6.”.

    Amend sec. 5, page 5, line 29, by deleting “4;” and inserting “5;”.

    Amend sec. 5, page 5, line 35, by deleting “6.” and inserting “7.”.

    Amend sec. 5, page 5, line 41, by deleting “7.” and inserting “8.”.

    Amend sec. 5, page 5, line 42, by deleting “4” and inserting “5”.

    Amend sec. 5, page 5, by deleting line 46 and inserting:

    “9.  A person who violates any of the provisions of subsections 5 to 8, inclusive, [of this section] is guilty of a”.

    Amend sec. 9, page 6, line 18, after “8” by inserting: “of this act”.

    Amend sec. 9, page 6, by deleting line 20 and inserting:

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

    3.  Sections 2 and 3 of this act become effective at 12:01 a.m. on October 1, 2001.”.

    Senator O'Donnell moved the adoption of the amendment.

    Remarks by Senator O'Donnell.

    Amendment adopted.

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

    Assembly Bill No. 649.

    Bill read second time and ordered to third reading.

MOTIONS, RESOLUTIONS AND NOTICES

    Senator Washington moved that Assembly Bill No. 15 be taken from the General File and placed on the Secretary’s desk.

    Motion failed.

    Senator Washington moved that Assembly Bill No. 15 be taken from the General File and placed on the General File for the next legislative day.

    Remarks by Senator Washington.

    Motion carried.

    Senator Care moved that Assembly Bill No. 179 be taken from the General File and placed on the General File for the next legislative day.

    Remarks by Senator Care.

    Motion carried.

GENERAL FILE AND THIRD READING

    Senate Bill No. 402.

    Bill read third time.

    Roll call on Senate Bill No. 402:

    Yeas—21.

    Nays—None.

    Senate Bill No. 402 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 478.

    Bill read third time.

    Roll call on Senate Bill No. 478:

    Yeas—21.

    Nays—None.

    Senate Bill No. 478 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 570.

    Bill read third time.

    Roll call on Senate Bill No. 570:

    Yeas—21.

    Nays—None.

    Senate Bill No. 570 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 180.

    Bill read third time.

    Roll call on Assembly Bill No. 180:

    Yeas—21.

    Nays—None.

    Assembly Bill No. 180 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 237.

    Bill read third time.

    Roll call on Assembly Bill No. 237:

    Yeas—21.

    Nays—None.

    Assembly Bill No. 237 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 289.

    Bill read third time.

    Roll call on Assembly Bill No. 289:

    Yeas—21.

    Nays—None.

    Assembly Bill No. 289 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 291.

    Bill read third time.

    Roll call on Assembly Bill No. 291:

    Yeas—21.

    Nays—None.

    Assembly Bill No. 291 having received a two-thirds majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 501.

    Bill read third time.

    Roll call on Assembly Bill No. 501:

    Yeas—21.

    Nays—None.

    Assembly Bill No. 501 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 609.

    Bill read third time.

    Roll call on Assembly Bill No. 609:

    Yeas—21.

    Nays—None.

    Assembly Bill No. 609 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 659.

    Bill read third time.

    Roll call on Assembly Bill No. 659:

    Yeas—21.

    Nays—None.

    Assembly Bill No. 659 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 662.

    Bill read third time.

    Roll call on Assembly Bill No. 662:

    Yeas—21.

    Nays—None.

    Assembly Bill No. 662 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

UNFINISHED BUSINESS

Signing of Bills and Resolutions

    There being no objections, the President and Secretary signed Senate Bills Nos. 2, 34, 36, 123, 200, 204, 231, 234, 267, 272, 283, 327, 358, 378, 420, 471, 492, 523, 541, 558, 561; Assembly Bills Nos. 47, 105, 128, 154, 173, 210, 243, 277, 279, 345, 363, 364, 375, 415, 433, 458, 537, 571, 629, 639; Assembly Joint Resolutions Nos. 7, 12, 13; Assembly Joint Resolutions Nos. 13, 26, of the 70th Session; Assembly Concurrent Resolution No. 2.

GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR

    On request of Senator Jacobsen, the privilege of the floor of the Senate Chamber for this day was extended to the following students from the Minden Elementary School: Adam Campbell, Alisa Merino, Alyssa Cofano, Ana Paramo, Ashlee Negrete, Austin Ovard, Blake Beavers, Bridget Maestretti, Eric Erardy, Gemma Thomson, Heather Carpenter, Jamie Greer, Kamryn Noble, Katelyn Gadsby, Matthew Bonner, Megan McLaughlin, Nick Hales, “Nico” Dominic Barker, Stephanie Burga, Steven Mathews, Tommy Kelly, Trenton Rauber, Wyatt Ziebell, Bryan Vazquez, Wyatt Graham, Chris Folcka, Sarah Morlan; chaperones: Kim Folcka, Lynne Bonner, Diane Graham, Sue McLaughlin, Candy Burga, Sharla Hales, Dorothy Gadsby; teachers: Kristen Fowler and Dana Rosingus.

    On request of Senator Neal, the privilege of the floor of the Senate Chamber for this day was extended to Dr. Glynda White.

    Senator Raggio moved that the Senate adjourn until Thursday, May 24, 2001 at 10:30 a.m.

    Motion carried.

    Senate adjourned at 1:30 p.m.

Approved:Lorraine T. Hunt

               President of the Senate

Attest:    Claire J. Clift

                Secretary of the Senate