THE ONE HUNDRED AND ELEVENTH DAY

THE ONE HUNDRED AND ELEVENTH DAY

Carson City(Saturday), May 26, 2001

Senate called to order at 1:30 p.m.

President pro Tempore Jacobsen presiding.

Roll called.

All present except Senators Neal and O'Donnell, who were excused.

Prayer by the Chaplain, Dr. Ken Haskins.

Our loving heavenly Father, we come before You today with grateful hearts. We are thankful for America, the land of the free, a country where every citizen is a king or queen. We, as citizens of these United States, enjoy freedoms like no other people on earth, and freedom from the tyranny of sin or of kings, is always costly. Lord, on this Memorial Day weekend, we thank You and all who have sacrificed their lives upon the altar of freedom.

Amen.

Pledge of allegiance to the Flag.

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

Motion carried.

REPORTS OF COMMITTEES

Mr. President pro Tempore:

Your Committee on Commerce and Labor, to which was referred Assembly Bill No. 197, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Also, your Committee on Commerce and Labor, to which were referred Assembly Bills Nos. 313, 349, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Randolph J. Townsend, Chairman

Mr. President pro Tempore:

Your Committee on Finance, to which were referred Senate Bill No. 450; Assembly Bills Nos. 278, 558, 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 were referred Senate Bills Nos. 207, 321, 427, 437, 438, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Also, your Committee on Finance, to which was re-referred Senate Bill No. 184, 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

Mr. President pro Tempore:

Your Committee on Government Affairs, to which were referred Assembly Bills Nos. 282, 386, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Ann O'Connell, Chairman

r. President pro Tempore:

Your Committee on Judiciary, to which was referred Assembly Bill No. 370, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Mark A. James, Chairman

Mr. President pro Tempore:

Your Committee on Natural Resources, to which was referred Assembly Bill No. 198, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Dean A. Rhoads, Chairman

Mr. President pro Tempore:

Your Committee on Transportation, to which were referred Assembly Bills Nos. 229, 246, 540, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Mark Amodei, Acting Chairman

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, May 25, 2001

To the Honorable the Senate:

Also, I have the honor to inform your honorable body that the Assembly on this day passed Assembly Joint Resolution No. 9; Senate Bill No. 125; Senate Joint Resolution No. 13.

I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bill No. 454.

Also, I have the honor to inform your honorable body that the Assembly amended, and on this day passed, as amended, Senate Bill No. 99, Amendment No. 996; Senate Bill No. 133, Amendment No. 975; Senate Bill No. 257, Amendment No. 725; Senate Bill No. 265, Amendment No. 918; Senate Bill No. 330, Amendment No. 898; Senate Bill No. 377, Amendment No. 970; Senate Bill No. 395, Amendment No. 915; Senate Bill No. 466, Amendment No. 862; Senate Bill No. 535, Amendment No. 836; Senate Bill No. 551, Amendment No. 897; Senate Bill No. 553, Amendment No. 917, 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 adopted Assembly Concurrent Resolution No. 37.

Also, I have the honor to inform your honorable body that the Assembly on this day concurred in the Senate Amendment No. 812 to Assembly Bill No. 44; Senate Amendment No. 709 to Assembly Bill No. 74; Senate Amendment No. 767 to Assembly Bill No. 92; Senate Amendment No. 659 to Assembly Bill No. 180; Senate Amendment No. 851 to Assembly Bill No. 192; Senate Amendment No. 746 to Assembly Bill No. 245; Senate Amendment No. 849 to Assembly Bill No. 253; Senate Amendment No. 753 to Assembly Bill No. 294; Senate Amendment No. 854 to Assembly Bill No. 302; Senate Amendment No. 756 to Assembly Bill No. 344; Senate Amendment No. 846 to Assembly Bill No. 402; Senate Amendment No. 821 to Assembly Bill No. 440; Senate Amendment No. 842 to Assembly Bill No. 463; Senate Amendment No. 761 to Assembly Bill No. 501; Senate Amendment No. 850 to Assembly Bill No. 622; Senate Amendment No. 870 to Assembly Bill No. 628.

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. 852 to Assembly Bill No. 620.

Also, I have the honor to inform your honorable body that the Assembly on this day respectfully refused to recede from its action on Senate Bill No. 554, Assembly Amendment No. 732, and requests a conference, and appointed Assemblymen Bache, Berman and Smith as a first Conference Committee to meet with a like committee of the Senate.

Also, I have the honor to inform your honorable body that the Assembly on this day appointed Assemblymen Parnell, Von Tobel and Bache as a first Conference Committee concerning Assembly Bill No. 660.

Patricia R. Williams

Assistant Chief Clerk of the Assembly

MOTIONS, RESOLUTIONS AND NOTICES

Assembly Joint Resolution No. 9.

Senator Rawson moved that the resolution be referred to the Committee on Legislative Affairs and Operations.

Motion carried.

Assembly Concurrent Resolution No. 37.

Senator Rawson moved that the resolution be referred to the Committee on Transportation.

Motion carried.

Senator Raggio moved that for the remainder of the session, that all necessary rules be suspended, reading so far had considered second reading, rules further suspended, and that all bills and joint resolutions reported out of committee with a "do pass" (without amendments) be declared emergency measures under the Constitution and placed on third reading and final passage for the next legislative day.

Remarks by Senator Raggio.

Senator Raggio requested that his remarks be entered in the Journal.

This eliminates the need for second reading on those bills and joint resolutions that do not have amendments, which moves our process up one day.

Motion carried.

Senator Raggio moved that for the remainder of the session, all bills and resolutions reported out of committee with amendments be immediately placed on the appropriate files, time permitting.

Remarks by Senator Raggio.

Senator Raggio requested that his remarks be entered in the Journal.

If we immediately place bills and resolutions with amendments on the appropriate files, that will also speed up the process in sending the bills and resolutions over to the Assembly.

Motion carried.

Senator Raggio moved that Assembly Bill No. 447 be re-referred to the Committee on Finance.

Remarks by Senator Raggio.

Motion carried.

Senator Raggio moved that Assembly Bill No. 326 be taken from the General File and placed on the General File for the next legislative day.

Remarks by Senator Raggio.

Motion carried.

Senator Rawson moved that Assembly Bill No. 500 be taken from the General File and placed on the Secretary’s desk.

Remarks by Senator Raggio.

Motion carried.

INTRODUCTION, FIRST READING AND REFERENCE

Assembly Bill No. 454.

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

Motion carried.

SECOND READING AND AMENDMENT

Senate Bill No. 432.

Bill read second time.

The following amendment was proposed by the Committee on Finance:

Amendment No. 1017.

Amend section 1, page 1, line 2, by deleting “$153,309” and inserting “$137,518”.

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. 435.

Bill read second time.

The following amendment was proposed by the Committee on Finance:

Amendment No. 1018.

Amend section 1, page 1, by deleting lines 3 and 4 and inserting: “Department of Human Resources the sum of $439,828 for new and replacement equipment, maintenance, and new and replacement computer hardware and software at the Nevada”.

Amend the title of the bill by deleting the second and third lines and inserting: “Services of the Department of Human Resources for new and replacement equipment, maintenance, and new and replacement computer hardware and software at the Nevada Mental Health Institute; and”.

Amend the summary of the bill to read as follows:

“SUMMARY—Makes appropriation to Division of Mental Health and Developmental Services of Department of Human Resources for new and replacement equipment, maintenance, and new and replacement computer hardware and software. (BDR S‑1367)”.

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. 436.

Bill read second time.

The following amendment was proposed by the Committee on Finance:

Amendment No. 1026.

Amend section 1, page 1, by deleting lines 2 through 4 and inserting: “the Department of Human Resources the sum of $33,391 for new and replacement equipment, operating expenses and new and replacement computer hardware and software for the Rural Regional Center of the Division of Mental Health and Developmental Services to be distributed as follows:

1. For new and replacement equipment $24,503

2. For operating expenses for fiscal year 2001-2002 $4,444

3. For operating expenses for fiscal year 2002-2003 $4,444

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

“Sec. 2. 1. Any remaining balance of the appropriation made by subsection 1 of section 1 of this act 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.

2. Any remaining balance of the appropriation made by subsection 2 of section 1 of this act must not be committed for expenditure after June 30, 2002, and reverts to the state general fund as soon as all payments of money committed have been made.

3. Any remaining balance of the appropriation made by subsection 3 of section 1 of this act 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. 1. This section and subsection 1 of section 1 of this act become effective upon passage and approval.

2. Subsection 2 of section 1 of this act becomes effective on July 1, 2001.

3. Subsection 3 of section 1 of this act becomes effective on July 1, 2002.”.

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

“AN ACT making an appropriation to the Department of Human Resources for new and replacement equipment, operating expenses, and new and replacement computer hardware and software for the Rural Regional Center of the Division of”.

Amend the summary of the bill to read as follows:

“SUMMARY—Makes appropriation to Department of Human Resources for new and replacement equipment, operating expenses and new and replacement computer hardware and software for Rural Regional Center of Division of Mental Health and Developmental Services. (BDR S‑1369)”.

Senator Raggio moved the adoption of the amendment.

Remarks by Senator Raggio.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

MOTIONS, RESOLUTIONS AND NOTICES

Senator Titus moved that Assembly Bill No. 102 be taken from the Second Reading File and placed on the Second Reading File for the next legislative day.

Remarks by Senator Titus.

Motion carried.

Senator O'Connell moved that Assembly Bill No. 295 be taken from the General File and placed on the Secretary’s desk.

Remarks by Senator O'Connell.

Motion carried.

SECOND READING AND AMENDMENT

Senate Bill No. 439.

Bill read second time.

The following amendment was proposed by the Committee on Finance:

Amendment No. 1025.

Amend section 1, page 1, line 3, by deleting “$164,442” and inserting “$160,581”.

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. 440.

Bill read second time.

The following amendment was proposed by the Committee on Finance:

Amendment No. 1024.

Amend section 1, page 1, line 3, by deleting “$137,224” and inserting “$120,512”.

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. 441.

Bill read second time.

The following amendment was proposed by the Committee on Finance:

Amendment No. 1023.

Amend section 1, page 1, by deleting lines 2 through 4 and inserting: “the Department of Human Resources the sum of $163,524 for new and replacement equipment and computer hardware and software at the Rural Clinics to be distributed as follows:

1. For equipment $154,644

2. For operating expenses for fiscal year 2001-2002 $4,440

3. For operating expenses for fiscal year 2002-2003 $4,440

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

Sec. 3. 1. This section and subsection 1 of section 1 of this act become effective upon passage and approval.

2. Subsection 2 of section 1 of this act becomes effective on July 1, 2001.

3. Subsection 3 of section 1 of this act becomes effective on July 1, 2002.”.

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. 446.

Bill read second time.

The following amendment was proposed by the Committee on Finance:

Amendment No. 1022.

Amend section 1, page 1, by deleting lines 2 and 3 and inserting: “the Department of Human Resources the sum of $78,735 for new and replacement equipment and computer hardware and software for the Division of Mental”.

Amend the title of the bill by deleting the second line and inserting: “replacement equipment and computer hardware and software for the Division of Mental Health”.

Amend the summary of the bill to read as follows:

“SUMMARY—Makes appropriation to Department of Human Resources for new and replacement equipment and computer hardware and software for Division of Mental Health and Developmental Services. (BDR S‑1385)”.

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. 455.

Bill read second time.

The following amendment was proposed by the Committee on Finance:

Amendment No. 1021.

Amend section 1, page 1, line 2, by deleting “$94,600” and inserting “$92,100”.

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. 456.

Bill read second time.

The following amendment was proposed by the Committee on Finance:

Amendment No. 1019.

Amend section 1, page 1, line 3, by deleting “$178,458” and inserting “$148,150”.

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. 457.

Bill read second time.

The following amendment was proposed by the Committee on Finance:

Amendment No. 1016.

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

“Sec. 3. Section 2 of chapter 613, Statutes of Nevada 1999, at page 3342, is hereby amended to read as follows;

Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after [June 30, 2001,] December 31, 2001, and reverts to the state general fund as soon as all payments of money committed have been made.”.

Amend the title of the bill to read as follows:

“AN ACT relating to state financial administration; making an appropriation to the Department of Museums, Library and Arts for a conservation laboratory; extending the reversion date for a prior appropriation made to the Department; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Makes appropriation to Department of Museums, Library and Arts for conservation laboratory and extends reversion date for prior appropriation made to Department. (BDR S‑1423)”.

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. 133.

Bill read second time.

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

Amendment No. 1044.

Amend sec. 5, page 2, by deleting lines 7 through 11 and inserting: “each residence or appurtenance to the extent known.”.

Amend sec. 5, page 2, between lines 34 and 35, by inserting:

“5. An alleged constructional defect which is discovered after an action pursuant to NRS 40.600 to 40.695, inclusive, and sections 2 to 11, inclusive, of this act, has been commenced may not be alleged in an amended pleading until the contractor, subcontractor, supplier or design professional who performed the original construction which is alleged to be a constructional defect has been given:

(a) Written notice in the manner required by this section; and

(b) A reasonable opportunity to repair the alleged constructional defect in the manner provided in section 6 of this act.

6. A court shall dismiss an action commenced against a contractor, subcontractor, supplier or design professional by a claimant who has failed to comply with the requirements of this section.”.

Amend sec. 6, page 3, by deleting line 25 and inserting: “pursuant to subsection 1. A court shall dismiss an action commenced against a contractor, subcontractor, supplier or design professional by a claimant who has failed to comply with the requirements of this subsection.”.

Amend sec. 6, page 3, line 34, by deleting: “repairs is not” and inserting “repairs is”.

Amend sec. 7, page 4, line 4, after “act” by inserting: “or who received notice pursuant to subsection 4”.

Amend sec. 7, page 4, line 13, by deleting “The” and inserting: “Except as otherwise provided in subsection 4, the”.

Amend sec. 7, page 4, between lines 18 and 19, by inserting:

“4. If, after the expiration of the time set forth for a contractor to provide a notice to a subcontractor, supplier or design professional pursuant to section 5 of this act, a contractor identifies a subcontractor, supplier or design professional who the contractor was not, after a good faith effort, previously able to identify and who may be responsible for a constructional defect alleged by the claimant, the contractor shall, before commencing an action against such a subcontractor, supplier or design professional:

(a) Provide notice to the subcontractor, supplier or design professional in the manner provided in subsection 2 of section 5 of this act; and

(b) Allow a reasonable opportunity for the subcontractor, supplier or design professional to make repairs to the alleged constructional defect.

5. Subject to the provisions of subsection 2, the claimant shall allow a subcontractor, supplier or design professional notified pursuant to subsection 4 a reasonable opportunity to make repairs.

6. A court shall dismiss an action commenced against a subcontractor, supplier or design professional by a contractor who has failed to comply with the requirements of subsection 4.”.

Amend sec. 8, page 4, line 21, after “5” by inserting “or 7”.

Amend sec. 9, page 4, by deleting lines 45 through 47.

Amend sec. 9, page 4, line 48, by deleting “3.” and inserting “2.”.

Amend sec. 10, page 6, by deleting lines 11 through 15 and inserting:

“6. As used in this section, “expert” means a person who is licensed in a state to engage in the practice of professional engineering, land surveying, architecture or landscape architecture.”.

Amend sec. 18, page 11, by deleting lines 37 and 38 and inserting:

“40.692 [If,] Except as otherwise provided in sections 5 and 7 of this act, if after complying with the procedural requirements of sections 5 and 7 of this act and NRS 40.645 and 40.680, or NRS 40.682, a claimant”.

Amend sec. 18, page 11, line 42, by deleting “section 5” and inserting: “sections 5 and 7”.

Amend sec. 21, page 12, lines 36 and 37, by deleting: “a new section to read as follows:” and inserting: “the provisions set forth as sections 22 to 25, inclusive, of this act.”.

Amend sec. 21, page 12, line 38, before “1.” by inserting:

“Sec. 22.”.

Amend the bill as a whole by renumbering sections 22 through 25 as sections 26 through 29 and adding new sections designated sections 23 through 25, following sec. 21, to read as follows:

“Sec. 23. 1. An association may bring an action to recover damages resulting from constructional defects in any of the units, common elements or limited common elements of the common-interest community, or submit such a claim to mediation pursuant to NRS 40.680, only:

(a) If the association first obtains the written approval of each unit’s owner whose unit or interest in the common elements or limited common elements will be the subject of the action or claim;

(b) Upon a vote of the units’ owners to which at least a majority of the votes of the members of the association are allocated; and

2. If an action is brought by an association to recover damages resulting from constructional defects in any of the units, common elements or limited common elements of the common-interest community, or such a claim is submitted to mediation pursuant to NRS 40.680, the attorney representing the association shall provide to the executive board of the association and to each unit’s owner a statement that includes, in reasonable detail:

(a) The defects and damages or injuries to the units, common elements or limited common elements;

(b) The cause of the defects, if the cause is known;

(d) The location of each defect within the units, common elements or limited common elements, if known;

(e) A reasonable estimate of the cost of the action or mediation, including reasonable attorney’s fees;

(f) An explanation of the potential benefits of the action or mediation and the potential adverse consequences if the association does not commence the action or submit the claim to mediation or if the outcome is not favorable to the association; and

(g) All disclosures that are required to be made upon the sale of the property.

3. An association or an attorney for an association shall not employ a person to perform destructive tests to determine any damage or injury to a unit, common element or limited common element caused by a constructional defect unless:

(a) The person is licensed as a contractor pursuant to chapter 624 of NRS;

(b) The association has obtained the prior written approval of each unit’s owner whose unit or interest in the common element or limited common element will be affected by such testing;

(d) The person is required to repair all damage resulting from such tests in accordance with state laws and local ordinances relating thereto; and

(e) The association or the person so employed obtains all permits required to conduct such tests and to repair any damage resulting from such tests.

4. As used in this section, “constructional defect” has the meaning ascribed to it in NRS 40.615.

Sec. 24. 1. Except as otherwise provided in subsection 2 and section 23 of this act, an association may commence a civil action only upon a vote or written agreement of the owners of the units to which at least a majority of the votes of the members of the association are allocated. In such a case, the association shall provide written notice to the owner of each unit of the meeting at which the commencement of a civil action is to be considered or action is to be taken within 21 calendar days before the meeting.

2. The provisions of subsection 1 do not apply to a civil action that is commenced:

(a) By an association for a time-share project governed by the provisions of chapter 119A of NRS;

(b) To enforce the payment of an assessment;

(d) To proceed with a counterclaim; or

(e) To enforce or rescind a contract to which the association is a party.

Sec. 25. 1. Notwithstanding any other provision of this chapter, the executive board of an association may, without giving notice to the units’ owners, employ a contractor licensed pursuant to the provisions of chapter 624 of NRS and such other persons as are necessary to make such repairs to a unit or common element within the common-interest community as are required to protect the health, safety and welfare of the units’ owners.

2. If the governing documents of the association require such action to be taken at a meeting of the executive board of the association, the executive board shall, within 90 days after employing any person pursuant to subsection 1, provide written notice to the units’ owners of its action and include the action on the agenda of its next regularly scheduled meeting.”.

Amend sec. 22, page 13, by deleting line 25 and inserting:

“NRS 116.3101 to 116.3119, inclusive, and section 14 of Assembly Bill No. 621 of this session and sections 22 to 25, inclusive, of this act and”.

Amend sec. 23, page 14, line 9, by deleting “21” and inserting “22”.

Amend sec. 24, pages 15 and 16, by deleting lines 28 through 49 on page 15 and lines 1 through 18 on page 16, and inserting: “unit of a meeting at which an assessment for a capital improvement [or the commencement of a civil action] is to be considered or action is to be taken on such an assessment at least 21 calendar days before the meeting. [Except as otherwise provided in this subsection, the association may commence a civil action only upon a vote or written agreement of the owners of units to which at least a majority of the votes of the members of the association are allocated. The provisions of this subsection do not apply to a civil action that is commenced:

(a) By an association for a time-share project governed by the provisions of chapter 119A of NRS;

(b) To enforce the payment of an assessment;

(d) To proceed with a counterclaim; or

(e) To protect the health, safety and welfare of the members of the association. If a civil action is commenced pursuant to this paragraph without the required vote or agreement, the action must be ratified within 90 days after the commencement of the action by a vote or written agreement of the owners of the units to which at least a majority of votes of the members of the association are allocated. If the association, after making a good faith effort, cannot obtain the required vote or agreement to commence or ratify such a civil action, the association may thereafter seek to dismiss the action without prejudice for that reason only if a vote or written agreement of the owners of the units to which at least a majority of votes of the members of the association are allocated was obtained at the time the approval to commence or ratify the action was sought.

10. At least 10 days before an association commences or seeks to ratify the commencement of a civil action, the association shall provide a written statement to all units’ owners that includes:

(a) A reasonable estimate of the costs of the civil action, including reasonable attorney’s fees;

(b) An explanation of the potential benefits of the civil action and the potential adverse consequences if the association does not commence the action or if the outcome of the action is not favorable to the association; and

11. No person other than a unit’s owner may request the dismissal of a civil action commenced by the association on the ground that the association failed to comply with any provision of this section.]”.

Amend sec. 25, page 16, line 30, by deleting “21” and inserting “22”.

Amend the bill as a whole by renumbering sec. 26 as sec. 34 and adding new sections designated sections 30 through 33, following sec. 25, to read as follows:

“Sec. 30. Chapter 278 of NRS is hereby amended by adding thereto the provisions set forth as sections 31 and 32 of this act.

Sec. 31. 1. Except as otherwise provided in this subsection, the governing body of each city and county shall not accept an application for a building permit for a project that includes the construction of new footings or a new foundation for a structure or that requires excavation or embankment of more than 5,000 cubic yards of earth, unless the application is submitted with a geotechnical report. The governing body may waive the requirement of the geotechnical report for any project other than a project involving a residential dwelling unit.

2. The geotechnical report required pursuant to subsection 1 must include:

(a) Information concerning the soil and geology of the site where the project will be carried out;

(b) Information concerning the ground water on the site where the project will be carried out and the potential that the ground water may adversely affect the foundation of the project;

(c) A written statement from the architect, civil engineer or structural engineer who was responsible for the design of the project verifying that the design of the project is compatible with the geotechnical conditions described in paragraphs (a) and (b);

(d) A written statement from a geotechnical engineer who has reviewed the plans for the grading and foundation of the project verifying that the project is geotechnically in compliance with the geotechnical conditions of the site as described in paragraphs (a) and (b); and

(e) Any other information required by the governing body.

3. The governing body of each city and county shall require by ordinance the submission of a final report concerning grading of the property, the elevation of the finished floor and the drainage on the property for each construction project for which a geotechnical report is required pursuant to subsection 1.

4. The ordinance adopted pursuant to subsection 3 must require:

(a) The final report concerning grading of the property to include certification that the grading and the excavating or embanking work complies with the requirements set forth in the geotechnical report completed pursuant to subsection 1 and any supplements or addenda to the report;

(b) The final report concerning the elevation of the finished floor to include certification that the lowest elevation of the finished floor of the project that is habitable complies with the plans for the project that were approved by the governing body; and

(1) A statement that the conditions of the drainage system on the site of the project at the completion of the project complies with the plan for drainage or the plan for the plot and grading that was approved by the governing body; and

(2) If the plans for the project that were approved by the governing body required a drainage system or facilities, structures or devices for drainage that were designed by an engineer, verification from a civil engineer that the drainage system and any facilities, structures or devices for drainage were installed and constructed in compliance with those plans. Devices for drainage include, without limitation, detention of drainage on the site, drainage from one lot to another lot and devices for conveying drainage.

5. The governing body of each city and county shall adopt an ordinance that requires a developer to provide a person who purchases a completed construction project described in subsection 1 with a written report concerning the applicable building codes and regulations and any recommendations of a geotechnical engineer and a civil engineer concerning the use of the project. The ordinance must provide that this report is part of the sales documents that must be acknowledged by the buyer.

6. As used in this section, “residential dwelling unit” has the meaning ascribed to it in NRS 278.4977.

Sec. 32. The governing body of each city and county shall adopt ordinances to ensure the prevention and mitigation of harm to a building or structure caused by water that is standing under the building or structure.

Sec. 33. NRS 278.010 is hereby amended to read as follows:

278.010 As used in NRS 278.010 to 278.630, inclusive, and sections 31 and 32 of this act, unless the context otherwise requires, the words and terms defined in NRS 278.0105 to 278.0195, inclusive, have the meanings ascribed to them in those sections.”.

Amend sec. 26, page 16, line 35, 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. 35, following sec. 26, to read as follows:

“Sec. 35. This act becomes effective upon passage and approval.”.

Amend the title of the bill to read as follows:

“AN ACT relating to real property; requiring a claimant to provide notice concerning constructional defects to a contractor and allow the contractor to make repairs before commencing an action against the contractor; requiring a contractor to provide notice concerning constructional defects to a subcontractor, supplier or design professional and allow the subcontractor, supplier or design professional to make repairs before commencing an action against the subcontractor, supplier or design professional; requiring an affidavit in support of an action for professional negligence against a design professional; imposing certain restrictions to prevent property managers from being encouraged to file a claim for a constructional defect; requiring a contractor to provide certain information to the initial purchaser of a residence; revising the provisions governing commencement of certain civil actions by the association of a common-interest community; requiring the governing body of each city and county to require a geotechnical report as a condition to obtaining a building permit and additional information concerning a completed project; and providing other matters properly relating thereto.”.

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. 177.

Bill read second time and ordered to third reading.

Assembly Bill No. 182.

Bill read second time.

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

Amendment No. 940.

Amend sec. 2, page 2, line 16, by deleting “including” and inserting: “including, without limitation,”.

Amend sec. 2, page 2, line 33, by deleting: “but is not limited to:” and inserting “without limitation:”.

Amend sec. 2, page 3, line 16, by deleting “including” and inserting: “including, without limitation,”.

Amend sec. 2, page 3, by deleting line 19 and inserting: “areas, including, without limitation, natural reservations, parks, parkways, trails, reserved”.

Amend sec. 2, page 3, line 27, by deleting “including” and inserting: “including, without limitation,”.

Amend sec. 2, page 3, line 49, by deleting “including” and inserting: “including, without limitation,”.

Amend sec. 7, page 7, by deleting lines 34 and 35 and inserting: “incorporated city, the governing body shall, at least 10 days before the hearing on the application is held pursuant to subsection 2, transmit a copy of any information pertinent to the application to the town board, citizens’ ”.

Amend sec. 7, page 7, line 39, by deleting: “at least 15 days”.

Amend sec. 8, page 10, by deleting lines 7 and 8 and inserting: “incorporated city, the governing body shall, at least 10 days before the hearing on the application is held pursuant to subsection 2, transmit a copy of any information pertinent to the application to the town board, citizens’ ”.

Amend sec. 8, page 10, line 12, by deleting: “at least 21 days”.

Senator Porter moved the adoption of the amendment.

Remarks by Senator Porter.

Amendment adopted.

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

MOTIONS, RESOLUTIONS AND NOTICES

Senator James moved that Assembly Bill No. 254 be taken from the Second Reading File and placed on the Secretary’s desk.

Remarks by Senator James.

Motion carried.

Senator James moved that Assembly Bill No. 578 be taken from the Second Reading File and placed on the Secretary’s desk.

Remarks by Senator James.

Motion carried.

SECOND READING AND AMENDMENT

Assembly Bill No. 219.

Bill read second time.

The following amendment was proposed by Senator Rhoads:

Amendment No. 1001.

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

“Section 1. The Legislative Committee on Public Lands is hereby directed to:

1. Monitor the activities of Congress and the Bureau of Land Management relating to the management and protection of wild horses in this state;

2. Urge Congress to provide in a reliable manner an adequate amount of money to support the activities of the Bureau of Land Management in managing and protecting wild horses in this state in accordance with the provisions of the Free-Roaming Wild Horses and Burros Act, 16 U.S.C. §§ 1331, et seq.; and

3. Prepare and submit to the Director of the Legislative Counsel Bureau for transmittal to the 72nd session of the Nevada Legislature a written report concerning the activities of the Legislative Committee on Public Lands in carrying out the provisions of this act. The written report must include, without limitation, a discussion and analysis of the progress of the Bureau of Land Management in managing and protecting wild horses in this state in accordance with the provisions of the Wild Free-Roaming Horses and Burros Act, 16 U.S.C. §§ 1331, et seq.

Sec. 2. This act becomes effective upon passage and approval.”.

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

“Whereas, On December 15, 1971, Congress enacted the provisions of the Wild Free-Roaming Horses and Burros Act, 16 U.S.C. §§ 1331, et seq.; and

Whereas, The Act was enacted largely because of the efforts of a resident of this state named Velma “Wild Horse Annie” Johnson; and

Whereas, Since 1971, it has been the responsibility of the Bureau of Land Management to manage and protect most of the wild horses in this state; and

Whereas, Approximately 24,000 wild horses live on public rangelands in this state; and

Whereas, The Bureau of Land Management has recently estimated that the public rangelands in this state can support between 14,000 and 15,000 wild horses; and

Whereas, The Commission for the Preservation of Wild Horses has stated in its plan for the preservation and protection of wild horses in this state that an appropriate level of management must be established and maintained so that the number of wild horses on the public rangelands in this state is in appropriate balance under the concept of multiple use of the public rangelands; and

Whereas, Because of a lack of reliable and adequate funding by Congress during the 30 years since the enactment of the Wild Free-Roaming Horses and Burros Act, the Bureau of Land Management has been unsuccessful in managing wild horses in this state in a manner which achieves an appropriate level of management in accordance with the provisions of that Act; and

Whereas, Additional money has recently become available from the Federal Government to carry out the activities and practices that are required to manage wild horses within the limits of their natural habitat; and

Whereas, When adopted as a companion, a wild horse displays remarkable toughness, intelligence and adaptability, all of which are traits that have helped wild horses survive in the wild; and

Whereas, Since their introduction into the Great Basin and Mojave Desert by Europeans, wild horses have contributed significantly to the economic, social and cultural history of this state; and

Whereas, Wild horses are unique animals and deserve assistance in their continuing struggle to survive; now, therefore,”.

Amend the title of the bill to read as follows:

“AN ACT relating to wild horses; directing the Legislative Committee on Public Lands to take certain actions relating to wild horses; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Directs Legislative Committee on Public Lands to take certain actions relating to wild horses. (BDR S‑1119)”.

Senator Rhoads moved the adoption of the amendment.

Remarks by Senator Rhoads.

Senators Titus, Carlton and Wiener requested a roll call vote on the adoption of the amendment.

Yeas—12

Nays—Care, Carlton, Mathews, O'Connell, Porter, Titus, Wiener—7.

Excused—Neal, O'Donnell—2.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 314.

Bill read second time.

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

Amendment No. 939.

Amend the bill as a whole by deleting sec. 10 and inserting:

“Sec. 10. (Deleted by amendment.)”.

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. 419.

Bill read second time.

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

Amendment No. 980.

Amend sec. 2, page 2, line 9, after “members]” by inserting: “Before submitting an application specified in subsection 1, the society shall submit to the sheriff of the county a complete set of the fingerprints of the member, agent or local or district officer of the society to whom the application relates. Upon receipt of the fingerprints, the sheriff shall forward the fingerprints to the central repository for Nevada records of criminal history for submission to the Federal Bureau of Investigation for a report concerning the criminal history of the member, agent or local or district officer of the society. Upon receipt of the report, the sheriff shall forward the report to the society. The society shall include the report in the application submitted pursuant to subsection 1.

3.”.

Amend sec. 2, page 2, line 13, by deleting “3. [All persons resisting]” and inserting:“[3. All persons resisting] 4.”.

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. 442.

Bill read second time.

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

Amendment No. 945.

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

“Section 1. NRS 444.630 is hereby amended to read as follows:

444.630 1. [As used in this section, “garbage” includes swill, refuse, cans, bottles, paper, vegetable matter, carcass of any dead animal, offal from any slaughter pen or butcher shop, trash or rubbish.

2. Every] A person who [willfully] places, deposits or dumps, or who causes to be placed, deposited or dumped, or who causes or allows to overflow, any sewage, sludge, cesspool or septic tank effluent, or accumulation of human excreta, or any [garbage,] solid waste, in or upon any street, alley, public highway or road in common use, or upon any public park or other public property other than property designated or set aside for such a purpose by the governing body having charge thereof, or upon any private property , [into or upon which the public is admitted by easement, license or otherwise,] is guilty of :

(a) For a first offense within the immediately preceding 2 years, a misdemeanor. [and, if the convicted person agrees, he shall be sentenced to]

(b) For a second offense within the immediately preceding 2 years, a gross misdemeanor and shall be punished by imprisonment in the county jail for not fewer than 14 days but not more than 1 year.

(c) For a third or subsequent offense within the immediately preceding 2 years, a gross misdemeanor and shall be punished by imprisonment in the county jail for 1 year.

2. In addition to any criminal penalty imposed pursuant to subsection 1 and any civil penalty imposed pursuant to NRS 444.635, a court shall sentence a person convicted of violating subsection 1:

(a) If the person is a natural person, to clean up the dump site and perform 10 hours of work for the benefit of the community under the conditions prescribed in NRS 176.087.

(b) If the person is a business entity:

(1) For a first or second offense within the immediately preceding 2 years, to:

(I) Clean up the dump site; and

(II) Perform 40 hours of community service cleaning up other dump sites identified by the solid waste management authority.

(2) For a third or subsequent offense within the immediately preceding 2 years, to:

(I) Clean up the dump site; and

(II) Perform 200 hours of community service cleaning up other dump sites identified by the solid waste management authority.

3. If a person is sentenced to clean up a dump site pursuant to subsection 2, the person shall:

(a) Within 3 calendar days after sentencing, commence cleaning up the dump site; and

(b) Within 5 business days after cleaning up the dump site, provide to the solid waste management authority proof of the lawful disposal of the sewage, solid waste or other matter that the person was convicted of disposing of unlawfully.

The solid waste management authority shall prescribe the forms of proof which may be provided to satisfy the provisions of paragraph (b).

4. In addition to any other penalty prescribed by law, if a business entity is convicted of violating subsection 1:

(a) Such violation constitutes reasonable grounds for the revocation of any license to engage in business that has been issued to the business entity by any governmental entity of this state; and

(b) The solid waste management authority may seek the revocation of such a license by way of any applicable procedures established by the governmental entity that issued the license.

5. Except as otherwise provided in NRS 444.585, ownership of [garbage] solid waste does not transfer from the person who originally possessed it until it is received for transport by a person authorized to dispose of solid waste pursuant to this chapter or until it is disposed of at a municipal disposal site. Identification of the owner of any [garbage] solid waste which is disposed of in violation of subsection [2] 1 creates a reasonable inference that the owner is the person who disposed of the [garbage.] solid waste. The fact that the disposal of the [garbage] solid waste was not witnessed does not, in and of itself, preclude the identification of its owner.

[4.] 6. All:

(a) Health officers and their deputies;

(b) Game wardens;

(d) Sheriffs and their deputies;

(e) Other peace officers of the State of Nevada; and

(f) Other persons who are specifically designated by the local government to do so,

shall, within their respective jurisdictions, enforce the provisions of this section.

[5.] 7. A district health officer or his deputy or other person specifically designated by the local government to do so may issue a citation for any violation of this section which occurs within his jurisdiction.

[6.] 8. To effectuate the purposes of this section, the persons charged with enforcing this section may request information from any:

(a) Agency of the state or its political subdivisions.

(b) Employer, public or private.

(d) Financial institution or other entity which is in the business of providing credit reports.

(e) Public utility.

Each of these persons and entities, their officers and employees, shall cooperate by providing any information in their possession which may aid in the location and identification of a person believed to be in violation of subsection [2.] 1. A disclosure made in good faith pursuant to this subsection does not give rise to any action for damages for the disclosure.

Sec. 2. This act becomes effective upon passage and approval for the purpose of the solid waste management authority prescribing the forms of proof which may be provided to satisfy the provisions of paragraph (b) of subsection 3 of section 1 of this act, and on September 1, 2001, for all other purposes.”.

Amend the title of the bill to read as follows:

“AN ACT relating to sanitation; increasing the penalties for disposing of sewage or solid waste unlawfully; and providing other matters properly relating thereto.”

Amend the summary of the bill to read as follows:

“SUMMARY—Increases penalties for unlawful dumping of sewage or solid waste. (BDR 40‑252)”.

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. 459.

Bill read second time.

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

Amendment No. 1072.

Amend sec. 5, page 2, lines 16 and 17, by deleting: “safe, respectful and neutral” and inserting: “safe and respectful”.

Amend sec. 5, page 2, line 26, by deleting: “safe, respectful and neutral” and inserting: “safe and respectful”.

Amend sec. 5, page 2, line 27, by deleting “full”.

Amend the bill as a whole by deleting sections 7 through 11 and adding a new section designated sec. 7, following sec. 6, to read as follows:

“Sec. 7. Each school district shall create a publication entitled “Harassment and Intimidation Is Prohibited in Public Schools” which contains a copy of the provisions of sections 2 to 6, inclusive, of this act and provide a copy:

1. With each copy of the rules of behavior for pupils that the school district provides to pupils pursuant to NRS 392.463; and

2. To the parents of each pupil at the beginning of the school year and to the parents of each new pupil who enters school during the year.”.

Amend the bill as a whole by deleting sec. 13 and renumbering sec. 12 as sec. 8.

Amend the title of the bill by deleting the second through fifth lines and inserting: “requiring each school district to provide a publication which contains a copy of the provisions of this act to pupils and their parents; and providing other matters properly relating”.

Amend the summary of the bill to read as follows:

“SUMMARY—Makes various changes concerning harassment and intimidation in public schools. (BDR 34-1286)”.

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. 461.

Bill read second time.

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

Amendment No. 935.

Amend section 1, page 1, line 11, by deleting “inclusive.” and inserting: “inclusive, and section 1 of Assembly Bill No. 86 of this [act.]session.”.

Amend sec. 2, page 2, line 11, by deleting “section must:” and inserting “section:”.

Amend sec. 2, page 2, line 12, by deleting “Be” and inserting “Must be”.

Amend sec. 2, page 2, line 15, by deleting “Include:” and inserting: “May include only:”.

Amend sec. 2, page 2, line 19, by deleting “and”.

Amend sec. 2, page 2, line 21, by deleting “338.1387.” and inserting “338.1387; and”.

Amend sec. 2, page 2, between lines 21 and 22, by inserting:

“(5) The performance history of the applicant concerning other recent, similar contracts, if any, completed by the applicant.”.

Amend sec. 5, page 3, line 43, by deleting “shall” and inserting “may only”.

Amend the title of the bill to read as follows:

“AN ACT relating to public works; eliminating the provision providing an exemption from qualifying to bid for a public work of this state; requiring the state public works board to adopt by regulation an additional criteria for the qualification of bidders on a contract for a public work of this state; authorizing the state public works board and the governing body of a local government to determine whether an applicant is qualified to bid by project or for a specified period; allowing the governing body of a local government that does not adopt criteria for the qualification of bidders to accept a bid on a contract for a public work from certain persons; and providing other matters properly relating thereto.”.

Senator O'Connell moved the adoption of the amendment.

Remarks by Senator O'Connell.

Amendment adopted.

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

Assembly Bill No. 482.

Bill read second time.

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

Amendment No. 1036.

Amend the bill as a whole by deleting sections 1 through 11 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:

Except as otherwise provided in this section, there is a rebuttable presumption that a person who causes personal injury, death or damage to real or personal property through the use of fireworks acted negligently in causing such injury or damage. This presumption does not apply to a person who causes such injury, death or damage through a commercial display of fireworks.

Sec. 2. The amendatory provisions of this act do not apply to an action filed or a proceeding commenced before October 1, 2001.”.

Amend the title of the bill to read as follows:

“AN ACT relating to fireworks; establishing a rebuttable presumption that a person who causes personal injury, death or damage to property through the use of fireworks acted negligently; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Establishes rebuttable presumption that person who causes personal injury, death or damage to property through use of fireworks acted negligently. (BDR 3‑1024)”.

Senator Rawson moved the adoption of the amendment.

Remarks by Senator Rawson.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 499.

Bill read second time.

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

Amendment No. 1066.

Amend section 1, pages 1 and 2, by deleting lines 14 and 15 on page 1 and lines 1 through 5 on page 2, and inserting: “in determining:

1. Whetherolder buildings should be renovated or reconstructed or whether new buildings to replace those older buildings should be constructed or purchased [.] , including, without limitation, a determination of the costs to renovate or reconstruct existing buildings and facilities to comply with the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq., in comparison with the costs to construct or purchase new buildings and facilities.

2. The manner in which the board of trustees will expend or disburse money that the board did not otherwise anticipate would be available to finance the renovation or reconstruction of older buildings and the construction or purchase of new buildings, if such money, in fact, becomes available.”.

Amend sec. 3, page 3, line 6, by deleting “$200” and inserting “$90”.

Amend sec. 3, page 3, line 7, by deleting “eight” and inserting “five”.

Amend sec. 4, page 3, by deleting line 22 and inserting:

“Sec. 4. 1. This section and sections 2 and 3 of this act become effective on July 1, 2001.

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

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. 560.

Bill read second time.

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

Amendment No. 933.

Amend section 1, page 1, by deleting lines 6 and 7 and inserting: “and may temporarily stop [the movement of livestock and carcasses for the purpose of inspection.] a vehicle in the enforcement of the provisions of Titles 49 and 50 of NRS and chapters 581, 582, 583, 586, 587, 588 and 590 of NRS.”.

Amend sec. 4, page 4, line 9, after “certified.” by inserting: “A person who fails to become certified within the required time shall not exercise any of the powers of a peace officer after the time for becoming certified has expired.”.

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

“Sec. 6. The amendatory provisions of section 4 of this act do not apply until July 1, 2002, to a person who has commenced employment as a peace officer before July 1, 2001, and who is required to be certified pursuant to NRS 289.550 but has not been certified by July 1, 2001.”.

Amend the title of the bill by deleting the seventh line and inserting: “personnel as field agents and expanding their authority to stop vehicles temporarily; and providing other matters properly relating thereto.”.

Senator Care moved the adoption of the amendment.

Remarks by Senator Care.

Amendment adopted.

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

MOTIONS, RESOLUTIONS AND NOTICES

Senator O'Connell moved that Assembly Bill No. 638 be taken from the Second Reading File and placed on the Second Reading File for the next legislative day.

Remarks by Senator O'Connell.

Motion carried.

SECOND READING AND AMENDMENT

Assembly Bill No. 605.

Bill read second time and ordered to third reading.

GENERAL FILE AND THIRD READING

Senate Bill No. 193.

Bill read third time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 1049.

Amend sec. 91, page 50, by deleting lines 26 and 27 and inserting:

“380A.041 1. The governor shall appoint to the council:”.

Amend sec. 91, page 50, by deleting lines 42 through 44 and inserting: “serve as ex officio members of the council:

(a) The department of cultural affairs;”.

Amend sec. 91, page 51, line 6, by deleting “advisory”.

Amend sec. 97, page 54, by deleting line 21 and inserting:

“(b) Northern Nevada adult mental health services.”.

Amend sec. 100, page 56, line 17, by deleting “physician’s” and inserting “physician”.

Amend sec. 101, page 56, line 38, by deleting “physician’s” and inserting “physician”.

Amend sec. 102, page 57, line 22, by deleting “the” and inserting “this”.

Amend sec. 102, page 57, line 24, by deleting “bureau” and inserting “health division”.

Amend sec. 102, page 57, line 25, after “the” by inserting: “alcohol and drug abuse”.

Amend sec. 102, page 57, line 26, by deleting “bureau;” and inserting “health division;”

Amend sec. 102, page 57, line 43, by deleting “Such” and inserting “Those”.

Amend sec. 102, page 58, line 10, by deleting “official” and inserting “officer”.

Amend sec. 104, page 58, line 35, by deleting “privilege” and inserting “governmental services”.

Amend sec. 104, page 59, line 32, by deleting “privilege” and inserting “governmental services”.

Amend sec. 108, page 61, line 13, by deleting “safety; and” and inserting “safety;”.

Amend sec. 108, page 61, line 16, by deleting “offenders.” and inserting: “offenders; and

10. The state fire marshal, his assistant and his deputies.”.

Amend sec. 111, page 62, line 7, by deleting “physician’s” and inserting “physician”.

Amend sec. 111, page 62, line 13, by deleting “physician’s” and inserting “physician”.

Amend sec. 111, page 62, line 15, by deleting “physician’s” and inserting “physician”.

Amend sec. 111, page 62, by deleting line 18 and inserting:

“(a) “Physician assistant” means a physician assistant licensed by the”.

Amend sec. 111, page 62, line 30, by deleting “physician’s” and inserting “physician”.

Amend sec. 111, page 62, line 31, by deleting “physician’s” and inserting “physician”.

Amend the bill as a whole by renumbering sections 113 and 114 as sections 117 and 118 and adding new sections designated sections 113 through 116, following sec. 112, to read as follows:

“Sec. 113. Sections 5 and 6 of Assembly Bill No. 110 of this session are hereby amended to read as follows:

Sec. 5. NRS 6.020 is hereby amended to read as follows:

6.020 1. [Upon] Except as otherwise provided in subsections 2 and 3 and section 2 of this act, upon satisfactory proof, made by affidavit or otherwise, the following-named persons, and no others , [except as otherwise provided in subsections 2 and 3,] are exempt from service as grand or trial jurors:

(a) Any federal or state officer.

(b) Any judge, justice of the peace or attorney at law.

(d) Any locomotive engineer, locomotive fireman, conductor, brakeman, switchman or engine foreman.

(e) Any officer or correctional officer employed by the department of corrections.

(f) Any employee of the legislature or the legislative counsel bureau while the legislature is in session.

(g) Any physician, optometrist or dentist who is licensed to practice in this state.

(h) Any person who has a fictitious address pursuant to NRS 217.462 to 217.471, inclusive.

2. All persons of the age of 70 years or over are exempt from serving as grand or trial jurors. Whenever it appears to the satisfaction of the court, by affidavit or otherwise, that a juror is over the age of 70 years, the court shall order the juror excused from all service as a grand or trial juror, if the juror so desires.

3. A person who is the age of 65 years or over who lives 65 miles or more from the court is exempt from serving as a grand or trial juror. Whenever it appears to the satisfaction of the court, by affidavit or otherwise, that a juror is the age of 65 years or over and lives 65 miles or more from the court, the court shall order the juror excused from all service as a grand or trial juror, if the juror so desires.

Sec. 6. 1. This section and sections 1 to 4, inclusive, of this act become effective on July 1, 2001.

2. Section 5 of this act becomes effective at 12:01 a.m. on July 1, 2001.

Sec. 114. Section 24 of Assembly Bill No. 551 of this session is hereby amended to read as follows:

Sec. 24. NRS 644.460 is hereby amended to read as follows:

644.460 1. The following persons are exempt from the provisions of this chapter:

(a) All persons authorized by the laws of this state to practice medicine, dentistry, osteopathic medicine, chiropractic or podiatry.

(b) Commissioned medical officers of the United States Army, Navy, or Marine Hospital Service when engaged in the actual performance of their official duties, and attendants attached to those services.

(c) Barbers, insofar as their usual and ordinary vocation and profession is concerned, when engaged in any of the following practices:

(1) Cleansing or singeing the hair of any person.

(2) Massaging, cleansing, stimulating, exercising or similar work upon the scalp, face or neck of any person, with the hands or with mechanical or electrical apparatus or appliances, or by the use of cosmetic preparations, antiseptics, tonics, lotions or creams.

(d) Retailers, at a retail establishment, insofar as their usual and ordinary vocation and profession is concerned, when engaged in the demonstration of [make-up] cosmetics if:

(1) The demonstration is without charge to the person to whom the demonstration is given; and

(2) The retailer does not advertise or provide a cosmetological service except [make-up] cosmetics and fragrances.

(e) Photographers or their employees, insofar as their usual and ordinary vocation and profession is concerned, if the photographer or his employee does not advertise cosmetological services and provides cosmetics without charge to the customer.

2. Any school of cosmetology conducted as part of the vocational rehabilitation training program of the department of corrections or the Caliente youth center:

(a) Is exempt from the requirements of paragraph (c) of subsection 2 of NRS 644.400.

(b) Notwithstanding the provisions of NRS 644.395, shall maintain a staff of at least one licensed instructor.

Sec. 115. Section 11 of Senate Bill No. 52 of this session is hereby amended to read as follows:

Sec. 11. NRS 453.377 is hereby amended to read as follows:

453.377 A controlled substance may be dispensed by:

1. A registered pharmacist upon a legal prescription from a practitioner or to a pharmacy in a correctional institution upon the written order of the prescribing practitioner in charge.

2. A pharmacy in a correctional institution, in case of emergency, upon a written order signed by the chief medical officer.

3. A practitioner.

4. A registered nurse, when the state, county, city or district health officer has declared a state of emergency.

5. A medical intern in the course of his internship.

6. [An advanced practitioner of nursing who holds a certificate from the state board of nursing and a certificate from the state board of pharmacy permitting him to dispense controlled substances.

7.] A pharmacy in an institution of the department of corrections to a person designated by the director of the department of corrections to administer a lethal injection to a person who has been sentenced to death.

[8.] 7. A registered pharmacist from an institutional pharmacy, pursuant to regulations adopted by the board.

Sec. 116. Section 91 of Senate Bill No. 91 of this session is hereby amended to read as follows:

Sec. 91. 1. NRS 630.274, 640B.010, 640B.020, 640B.030, 640B.040, 640B.050, 640B.080, 640B.100, 640B.110 and 640B.150 are hereby repealed.

2. NRS 630.256 and 630.272 are hereby repealed.”.

Amend sec. 114, page 63, by deleting lines 31 through 33 and inserting: “99, inclusive, 102, 103, 105, 106, 107, 109, 110, and 112 to 116, inclusive, of this act become effective on July 1, 2001.

2. Sections 100, 101, 104, 108 and 111 of this act become effective at 12:01 a.m. on July 1, 2001.

3. Section 84 of this act expires by limitation on July 1, 2009.

4. Section 85 of this act becomes effective on July 2, 2009.”.

Senator James moved the adoption of the amendment.

Remarks by Senator James.

Amendment adopted.

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

Senate Bill No. 208.

Bill read third time.

The following amendment was proposed by the Committee on Finance:

Amendment No. 855.

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

“3. Except as otherwise provided in this subsection,”.

Amend sec. 2, page 2, line 8, by deleting “281.127,” and inserting: “281.127 and 284.143,”.

Amend sec. 3, page 2, between lines 27 and 28, by inserting:

“3. Except as otherwise provided in this subsection, the state public health dental hygienist shall devote all of his time to the business of his office and shall not pursue any other business or vocation or hold any other office of profit. Notwithstanding the provisions of NRS 281.127 and 284.143, the state public health dental hygienist may engage in academic instruction, research and studies in a program of the University and Community College System of Nevada.”.

Amend the bill as a whole by adding a new section designated sec. 3.5, following sec. 3, to read as follows:

“Sec. 3.5. Chapter 396 of NRS is hereby amended by adding thereto a new section to read as follows:

The board of regents may, to the extent that money is available, develop the curriculum and standards required for a student in the system to earn a bachelor of science degree in dental hygiene or a master’s degree in public health dental hygiene.”.

Amend the bill as a whole by deleting sections 16 through 18 and adding new sections designated sections 16 and 17, following sec. 15, to read as follows:

“Sec. 16. Notwithstanding the provisions of sections 2 and 3 of this act:

1. The health division shall, not later than October 1, 2001, appoint a state dental health officer and a state public health dental hygienist from the lists of names submitted by the board of regents of the University of Nevada for terms expiring on June 30, 2003. If the board of regents fails to submit a list for any position, the health division may appoint any qualified person.

2. Each person appointed pursuant to subsection 1 shall carry out the duties set forth in sections 2 and 3 of this act, without additional compensation and using the office, equipment, staff and other resources provided to him by the University and Community College System of Nevada for his existing position.

Sec. 17. This act becomes effective on July 1, 2001.”.

Amend the title of the bill, fourth line, by deleting “making appropriations;”.

Senator Rawson moved the adoption of the amendment.

Remarks by Senator Rawson.

Senator Rawson disclosed that he is a dentist.

Amendment adopted.

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

Senate Bill No. 232.

Bill read third time.

Roll call on Senate Bill No. 232:

Yeas—19.

Nays—None.

Excused—Neal, O'Donnell—2.

Senate Bill No. 232 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Senate Bill No. 241.

Bill read third time.

Roll call on Senate Bill No. 241:

Yeas—19.

Nays—None.

Excused—Neal, O'Donnell—2.

Senate Bill No. 241 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Senate Bill No. 477.

Bill read third time.

Roll call on Senate Bill No. 477:

Yeas—19.

Nays—None.

Excused—Neal, O'Donnell—2.

Senate Bill No. 477 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 27.

Bill read third time.

Conflict of interest declared by Senator James.

Roll call on Assembly Bill No. 27:

Yeas—18.

Nays—None.

Not Voting—James.

Excused—Neal, O'Donnell—2.

Assembly Bill No. 27 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 37.

Bill read third time.

Roll call on Assembly Bill No. 37:

Yeas—19.

Nays—None.

Excused—Neal, O'Donnell—2.

Assembly Bill No. 37 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 82.

Bill read third time.

Roll call on Assembly Bill No. 82:

Yeas—19.

Nays—None.

Excused—Neal, O'Donnell—2.

Assembly Bill No. 82 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 179.

Bill read third time.

Roll call on Assembly Bill No. 179:

Yeas—19.

Nays—None.

Excused—Neal, O'Donnell—2.

Assembly Bill No. 179 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 202.

Bill read third time.

Roll call on Assembly Bill No. 202:

Yeas—19.

Nays—None.

Excused—Neal, O'Donnell—2.

Assembly Bill No. 202 having received a constitutional majority, Mr. President pro Tempore declared it passed.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 227.

Bill read third time.

Roll call on Assembly Bill No. 227:

Yeas—19.

Nays—None.

Excused—Neal, O'Donnell—2.

Assembly Bill No. 227 having received a constitutional majority, Mr. President pro Tempore declared it passed.

Bill ordered transmitted to the Assembly.

MOTIONS, RESOLUTIONS AND NOTICES

Senator Titus moved that Assembly Bill No. 328 be taken from the General File and placed on the Secretary’s desk.

Remarks by Senator Titus.

Motion carried.

GENERAL FILE AND THIRD READING

Assembly Bill No. 248.

Bill read third time.

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

Amendment No. 1065.

Amend sec. 6, page 8, line 6, by deleting “or”.

Amend sec. 6, page 8, line 13, by deleting “care.” and inserting: “care; or

(f) The child was delivered to a provider of emergency services pursuant to section 1 of Senate Bill No. 191 of this [act.] session.”.

Amend sec. 11, page 10, line 27, by deleting “concerning” and inserting: “concerning:

(a) Except as otherwise provided in paragraph (b),”.

Amend sec. 11, page 10, line 30, by deleting “case.” and inserting: “case; or

(b) If the child was delivered to a provider of emergency services pursuant to section 1 of Senate Bill No. 191 of this [act,] session, any matters relevant to the case.”.

Amend sec. 12, page 11, line 20, by deleting “services” and inserting “services,”.

Amend sec. 12, page 11, line 42, by deleting “A” and inserting: “Except as otherwise provided in this subsection, a”.

Amend sec. 12, page 11, line 44, after “guardian.” by inserting: “If the child was delivered to a provider of emergency services pursuant to section 1 of Senate Bill No. 191 of this [act] session and the location of the parent is unknown, the report need not be sent to that parent.”.

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. 305.

Bill read third time.

Roll call on Assembly Bill No. 305:

Yeas—17.

Nays—Care, Carlton—2.

Excused—Neal, O'Donnell—2.

Assembly Bill No. 305 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 338.

Bill read third time.

Roll call on Assembly Bill No. 338:

Yeas—19.

Nays—None.

Excused—Neal, O'Donnell—2.

Assembly Bill No. 338 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 383.

Bill read third time.

Roll call on Assembly Bill No. 383:

Yeas—16.

Nays—Coffin, James, O'Connell—3.

Excused—Neal, O'Donnell—2.

Assembly Bill No. 383 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 395.

Bill read third time.

Roll call on Assembly Bill No. 395:

Yeas—19.

Nays—None.

Excused—Neal, O'Donnell—2.

Assembly Bill No. 395 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 414.

Bill read third time.

Roll call on Assembly Bill No. 414:

Yeas—19.

Nays—None.

Excused—Neal, O'Donnell—2.

Assembly Bill No. 414 having received a constitutional majority, Mr. President pro Tempore declared it passed.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 417.

Bill read third time.

Roll call on Assembly Bill No. 417:

Yeas—19.

Nays—None.

Excused—Neal, O'Donnell—2.

Assembly Bill No. 417 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 428.

Bill read third time.

Roll call on Assembly Bill No. 428:

Yeas—19.

Nays—None.

Excused—Neal, O'Donnell—2.

Assembly Bill No. 428 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 429.

Bill read third time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 1068.

Amend sec. 2, page 1, line 3, by deleting “A” and inserting: “Except as otherwise provided in subsection 3, a”.

Amend sec. 2, page 1, line 12, by deleting “as” and inserting “if”.

Amend sec. 2, page 2, line 8, after “3.” by inserting: “If a child was delivered to a provider of emergency services pursuant to section 1 of Senate Bill No. 191 of this session and the location of the parent of the child is unknown, a copy of a report or information described in subsection 1 need not be sent to that parent or his attorney pursuant to subsection 1.

4.”.

Amend sec. 9, page 6, line 32, by deleting “A” and inserting: “Except as otherwise provided in this subsection, a”.

Amend sec. 9, page 6, line 34, after “child.” by inserting: “If the child was delivered to a provider of emergency services pursuant to section 1 of Senate Bill No. 191 of this [act] session and the parent has not appeared in the action, the report need not be sent to that parent.”.

Amend sec. 9, page 6, line 40, by deleting “Notice” and inserting: “Except as otherwise provided in this subsection and paragraph (c) of subsection 4 of NRS 432B.520, notice”.

Amend sec. 9, page 6, lines 45 and 46, by deleting: “child, except” and inserting: “child. Notice of the hearing need not be given to”.

Amend the title of the bill, seventh line, by deleting “proceeding;” and inserting: “proceeding under certain circumstances;”.

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. 452.

Bill read third time.

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

Amendment No. 1071.

Amend sec. 12, page 6, line 14, by deleting “date” and inserting “date,”.

Amend sec. 12, page 6, line 25, by deleting “30” and inserting “60”.

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. 465.

Bill read third time.

Roll call on Assembly Bill No. 465:

Yeas—12.

Nays—Care, Carlton, Coffin, Schneider, Titus, Wiener—6.

Not Voting—Raggio.

Excused—Neal, O'Donnell—2.

Assembly Bill No. 465 having received a constitutional majority, Mr. President pro Tempore declared it passed.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 466.

Bill read third time.

Roll call on Assembly Bill No. 466:

Yeas—19.

Nays—None.

Excused—Neal, O'Donnell—2.

Assembly Bill No. 466 having received a two-thirds majority, Mr. President pro Tempore declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 468.

Bill read third time.

Conflict of interest declared by Senator Amodei.

Roll call on Assembly Bill No. 468:

Yeas—18.

Nays—None.

Not Voting—Amodei.

Excused—Neal, O'Donnell—2.

Assembly Bill No. 468 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 469.

Bill read third time.

Roll call on Assembly Bill No. 469:

Yeas—19.

Nays—None.

Excused—Neal, O'Donnell—2.

Assembly Bill No. 469 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 550.

Bill read third time.

Roll call on Assembly Bill No. 550:

Yeas—19.

Nays—None.

Excused—Neal, O'Donnell—2.

Assembly Bill No. 550 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 553.

Bill read third time.

Roll call on Assembly Bill No. 553:

Yeas—19.

Nays—None.

Excused—Neal, O'Donnell—2.

Assembly Bill No. 553 having received a constitutional majority, Mr. President pro Tempore declared it passed.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 557.

Bill read third time.

Roll call on Assembly Bill No. 557:

Yeas—19.

Nays—None.

Excused—Neal, O'Donnell—2.

Assembly Bill No. 557 having received a constitutional majority, Mr. President pro Tempore declared it passed.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 568.

Bill read third time.

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

Amendment No. 1050.

Amend sec. 20, page 10, line 39, after “247.180” by inserting “1.”.

Amend sec. 20, page 10, after line 48, by inserting:

“2. A county recorder who records an instrument pursuant to this section shall, within 7 working days after he records the instrument, provide to the county assessor at no charge:

(a) A duplicate copy of the instrument and any supporting documents; or

(b) Access to the digital instrument and any digital supporting documents.”.

Amend sec. 53, page 26, line 12, after “2.” by inserting: “The county recorder shall not record with respect to real property any conveyance of real property or instrument in writing setting forth an agreement to convey real property unless the document being recorded contains the name and address of the person to whom a statement of the taxes assessed on the real property is to be mailed.

3.”.

Amend sec. 53, page 26, between lines 13 and 14, by inserting:

“[3.] 4. Except as otherwise provided in subsection [4,] 5, if a document that is being recorded includes a legal description of real property that is provided in metes and bounds, the document must include the name and mailing address of the person who prepared the legal description. The county recorder is not required to verify the accuracy of the name and mailing address of such a person.

[4.] 5. If a document described in subsection [3] 4 previously has been recorded, the document must include all information necessary to identify and locate the previous recording, but the name and mailing address of the person who prepared the legal description is not required for the document to be recorded. The county recorder is not required to verify the accuracy of the information concerning the previous recording.”.

Amend sec. 60, page 28, between lines 41 and 42, by inserting:

“7. A county recorder who records a map or plat pursuant to this section shall, within 7 working days after he records the map or plat, provide to the county assessor at no charge:

(a) A duplicate copy of the map or plat and any supporting documents; or

(b) Access to the digital map or plat and any digital supporting documents.”.

Amend sec. 66, page 31, between lines 38 and 39, by inserting:

“4. A county recorder who records a final map pursuant to this section shall, within 7 working days after he records the final map, provide to the county assessor at no charge:

(a) A duplicate copy of the final map and any supporting documents; or

(b) Access to the digital final map and any digital supporting documents.”.

Amend the bill as a whole by deleting sec. 73 and adding a new section designated sec. 73, following sec. 72, to read as follows:

“Sec. 73. 1. This section and sections 1 to 11, inclusive, 13 to 19, inclusive, 21 to 52, inclusive, 54 to 59, inclusive, 61 to 65, inclusive, 67 and 69 to 72, inclusive, of this act become effective on July 1, 2001.

2. Sections 20, 53, 60 and 66 of this act become effective at 12:01 a.m. on July 1, 2001.

3. Section 12 of this act becomes effective on July 1, 2003.”.

Senator Care moved the adoption of the amendment.

Remarks by Senator Care.

Amendment adopted.

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

Assembly Bill No. 569.

Bill read third time.

Roll call on Assembly Bill No. 569:

Yeas—19.

Nays—None.

Excused—Neal, O'Donnell—2.

Assembly Bill No. 569 having received a constitutional majority, Mr. President pro Tempore declared it passed.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 574.

Bill read third time.

Roll call on Assembly Bill No. 574:

Yeas—19.

Nays—None.

Excused—Neal, O'Donnell—2.

Assembly Bill No. 574 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 581.

Bill read third time.

Roll call on Assembly Bill No. 581:

Yeas—19.

Nays—None.

Excused—Neal, O'Donnell—2.

Assembly Bill No. 581 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 607.

Bill read third time.

Roll call on Assembly Bill No. 607:

Yeas—19.

Nays—None.

Excused—Neal, O'Donnell—2.

Assembly Bill No. 607 having received a constitutional majority, Mr. President pro Tempore declared it passed.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 619.

Bill read third time.

The following amendment was proposed by Senator Schneider:

Amendment No. 1080.

Amend the bill as a whole by renumbering sections 7 through 18 as sections 8 through 19 and adding a new section designated sec. 7, following sec. 6, to read as follows:

“Sec. 7. NRS 118B.110 is hereby amended to read as follows:

118B.110 1. The landlord shall meet with a representative group of tenants occupying the park, chosen by the tenants, to hear any complaints or suggestions which concern a matter relevant to the park within 45 days after he receives a written request to do so which has been signed by persons occupying at least 25 percent of the lots in the park. The 25 percent must be calculated on the basis of one signature per occupied lot. The meeting must be held at a time and place which is convenient to the landlord and the tenants. The representative group of tenants must consist of no more than five persons.

2. At least 10 days before any meeting is held pursuant to this section , the landlord or his agent shall post a notice of the meeting in a conspicuous place in a common area of the park.

3. If the landlord is not a natural person, the landlord shall appoint a natural person, not the manager or assistant manager, who possesses a financial interest in the manufactured home park to meet with the tenants.

4. If an attorney for the landlord attends a meeting held pursuant to this section, the landlord shall not prohibit the group of tenants from being represented by an attorney at that meeting.

5. If the landlord of a manufactured home park is a cooperative association or a corporation for public benefit, the landlord shall provide a notice of the meeting to the administrator and the administrator or his representative shall attend the meeting.

6. As used in this section:

(a) “Cooperative association” means an association formed pursuant to the provisions of NRS 81.170 to 81.270, inclusive.

(b) “Corporation for public benefit” has the meaning ascribed to it in NRS 82.021.”.

Amend sec. 18, page 11, line 43, by deleting: “16 and 17” and inserting: “17 and 18”.

Amend sec. 18, page 11, line 45, by deleting “15,” and inserting “16,”. Amend the title of the bill, sixth line, after “park;” by inserting: “requiring the attendance of the administrator of the manufactured housing division of the department of business and industry or his representative at certain meetings between a landlord and tenant;”.

Senator Schneider moved the adoption of the amendment.

Remarks by Senator Schneider.

Amendment adopted.

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

MOTIONS, RESOLUTIONS AND NOTICES

Senator O'Connell moved that Assembly Bill No. 638 be taken from the Second Reading File and placed on the Second Reading File for the next legislative day.

Remarks by Senator O'Connell.

Motion carried.

Senator Titus moved that Assembly Bill No. 102 that had been previously moved to the next legislative day be placed on the Second Reading File.

Remarks by Senator Titus.

Motion carried.

GENERAL FILE AND THIRD READING

Assembly Bill No. 627.

Bill read third time.

The following amendment was proposed by Senators Porter and Townsend:

Amendment No. 1086.

Amend sec. 2, page 1, line 3, by deleting “12,” and inserting “13,”.

Amend sec. 6, page 2, line 7, by deleting “or”.

Amend sec. 6, page 2, line 9, by deleting “water.” and inserting: “water; or

(c) A tour broker or tour operator who is subject to the provisions of sections 2 to 14, inclusive, of Assembly Bill No. 245 of this session.”.

Amend sec. 7, page 2, by deleting lines 10 through 13 and inserting:

“Sec. 7. “Travel services” includes, without limitation:

1. Short-term leases of passenger cars;

2. Lodging;

3. Transfers;

4. Sightseeing tours other than sightseeing tours for which a tour broker or tour operator is regulated pursuant to sections 2 to 14, inclusive, of Assembly Bill No. 245 of this session; and

5. Any other services that are related to travel by air, land, rail or water or any other method of transportation.”.

Amend the bill as a whole by renumbering sections 13 through 17 as sections 14 through 18 and adding a new section designated sec. 13, following sec. 12, to read as follows:

“Sec. 13. The commissioner of the consumer affairs division of the department of business and industry may adopt regulations governing the disclosures that must be made by a provider to a customer before the customer may be charged for a telecommunications service.”.

Amend sec. 14, page 5, by deleting line 25 and inserting: “and section 1 of Assembly Bill No. 337 of this session upon a”.

Amend sec. 14, page 5, by deleting line 33 and inserting: “and section 1 of Assembly Bill No. 337 of this session.”.

Amend sec. 14, page 5, by deleting lines 35 and 36 and inserting: “598.0999, inclusive, and section 1 of Assembly Bill No. 337 of this session, if the court finds that a person has willfully engaged in a”.

Amend sec. 14, page 6, by deleting lines 8 through 10 and inserting: “inclusive, and section 1 of Assembly Bill No. 337 of this 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 Assembly Bill No. 245 of this [act or 598.992,] session or sections 3 to 12, inclusive, of this act,”.

Amend the bill as a whole by renumbering sections 18 through 20 as sections 20 through 22 and adding a new section designated sec. 19, following sec. 17, to read as follows:

“Sec. 19. NRS 598.968 is hereby amended to read as follows:

598.968 As used in NRS 598.968 to 598.9694, inclusive, and section 13 of this act, unless the context otherwise requires, the words and terms defined in NRS 598.9682 and 598.9684 have the meanings ascribed to them in those sections.”.

Amend sec. 19, page 8, line 22, by deleting “15” and inserting “16”.

Amend sec. 20, page 8, line 39, by deleting: “12, inclusive, and 14 to 19,” and inserting: “13, inclusive, and 16 to 21,”.

Amend sec. 20, page 8, line 41, by deleting: “Section 13 of this act becomes” and inserting: “Sections 14 and 15 of this act become”.

Amend the title of the bill to read as follows:

“AN ACT relating to trade practices; authorizing the commissioner of the consumer affairs division of the department of business and industry to adopt regulations governing the disclosures that must be made by a provider of a telecommunications service to a customer before the customer is charged for the service; expanding the definition of “deceptive trade practice” to include certain advertising practices relating to goods or services; revising the provisions governing certificates of registration issued to certain registrants by the consumer affairs division; requiring the renewal of those certificates of registration; increasing the amount of the security that certain dance studios and health clubs are required to deposit with the consumer affairs division; requiring certain sellers of travel to register and deposit security with the consumer affairs division; authorizing certain consumers to bring and maintain actions to recover against the security; providing for the release of the security within a certain period after the seller of travel ceases to operate; and providing other matters properly relating thereto.”.

Senator Porter moved the adoption of the amendment.

Remarks by Senators Porter, Carlton and Townsend.

Amendment adopted.

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

Assembly Bill No. 650.

Bill read third time.

Roll call on Assembly Bill No. 650:

Yeas—19.

Nays—None.

Excused—Neal, O'Donnell—2.

Assembly Bill No. 650 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 653.

Bill read third time.

Roll call on Assembly Bill No. 653:

Yeas—19.

Nays—None.

Excused—Neal, O'Donnell—2.

Assembly Bill No. 653 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.

Bill ordered transmitted to the Assembly.

UNFINISHED BUSINESS

Consideration of Assembly Amendments

Senate Bill No. 51.

The following Assembly amendment was read:

Amendment No. 739.

Amend sec. 29, page 22, line 17, by deleting “$125.” and inserting “$75.”.

Amend sec. 75, page 37, line 17, by deleting “$125.” and inserting “$75.”.

Senator James moved that the Senate concur in the Assembly amendment to Senate Bill No. 51.

Remarks by Senator James.

Motion carried by a two-thirds majority.

Bill ordered enrolled.

Senate Bill No. 113.

The following Assembly amendment was read:

Amendment No. 878.

Amend sec. 4, page 2, by deleting lines 36 through 38 and inserting:

“(b) [Graduated] Except as otherwise provided in paragraph (c), graduated from a public or private high school in this state:

(1) After May 1, 2000; and

(2) Not more than 8 years before he applies for the scholarship;

(1) Was enrolled as a pupil in a public or private high school in this state with a class of pupils who were regularly scheduled to graduate after May 1, 2000;

(2) Received his high school diploma within 5 years after he was regularly scheduled to graduate; and

(3) Applies for the scholarship not more than 8 years after he was regularly scheduled to graduate from high school;

(d)”.

Amend sec. 4, page 2, line 42, by deleting “(d)” and inserting “[(d)] (e)”.

Amend sec. 4, page 3, by deleting lines 1 through 3.

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

“[For] Except as otherwise provided in paragraph (c) of subsection 1, for”.

Amend the title of the bill, line 3, after “state;” by inserting: “revising the eligibility requirements for certain pupils who did not graduate from high school at the time regularly scheduled for their graduation;”.

Senator Rawson moved that the Senate concur in the Assembly amendment to Senate Bill No. 113.

Remarks by Senator Rawson.

Motion carried by a constitutional majority.

Bill ordered enrolled.

Senate Bill No. 236.

The following Assembly amendment was read:

Amendment No. 879.

Amend section 1, page 1, by deleting lines 12 through 15 and inserting: “week. In lieu of tutoring, the parent or legal guardian of such a child may agree with the entity that employs the child that the entity will pay the costs for the child to receive other educational or instructional services which are equivalent to tutoring. The provisions of this subsection apply during the period of a child’s employment with an entity, regardless of whether the child has obtained the appropriate exemption from compulsory attendance at the time his contract with the entity is under negotiation.”.

Amend section 1, page 2, line 2, after “tutoring” by inserting: “or other educational or instructional services”.

Amend the title of the bill, second line, after “tutoring” by inserting: “or other educational or instructional services”.

Senator Rawson moved that the Senate concur in the Assembly amendment to Senate Bill No. 236.

Remarks by Senator Rawson.

Motion carried by a constitutional majority.

Bill ordered enrolled.

Senate Bill No. 502.

The following Assembly amendment was read:

Amendment No. 988.

Amend section 1, page 1, lines 2 and 3, by deleting: “state council on libraries and literacy:” and inserting “council:”.

Amend section 1, page 1, by deleting lines 18 through 20 and inserting: “serve as ex officio members of the council:

(a) The department of cultural affairs;”.

Amend section 1, page 2, line 11, by deleting “advisory”.

Senator Rawson moved that the Senate concur in the Assembly amendment to Senate Bill No. 502.

Remarks by Senator Rawson.

Motion carried by a constitutional majority.

Bill ordered enrolled.

Senate Bill No. 116.

The following Assembly amendment was read:

Amendment No. 884.

Amend the bill as a whole by deleting sections 1 through 7 and adding new sections designated sections 1 through 14, following the enacting clause, to read as follows:

“Section 1. Chapter 433 of NRS is hereby amended by adding thereto a new section to read as follows:

1. Except as otherwise provided in subsection 3, mechanical restraint may be used on a person with a disability who is a client of a forensic facility only if:

(a) An emergency exists that necessitates the use of the mechanical restraint;

(b) The client’s behavior presents an imminent threat of causing physical injury to himself or to others or causing severe property damage and less restrictive measures have failed to modify the client’s behavior;

(c) The client is in the care of the facility but not on the premises of the facility and mechanical restraint is necessary to ensure security; or

(d) The client is in the process of being transported to another location and mechanical restraint is necessary to ensure security.

2. If mechanical restraint is used pursuant to subsection 1, the forensic facility shall ensure that:

(a) The mechanical restraint is applied by a member of the staff of the facility who is trained and qualified to apply mechanical restraint;

(b) A member of the staff of the facility continuously monitors the client during the time that mechanical restraint is used on the client;

(c) The record of the client contains a notation that indicates the time period during which the restraint was used and the circumstances warranting the restraint; and

(d) The mechanical restraint is used only for the period that is necessary.

3. Mechanical restraint may be used on a person with a disability who is a client of a forensic facility, and the provisions of subsections 1 and 2 do not apply if the mechanical restraint is used to:

(a) Treat the medical needs of a client;

(b) Protect a client who is known to be at risk of injury to himself because he lacks coordination or suffers from frequent loss of consciousness;

(d) Position a client who has physical disabilities in a manner prescribed in the client’s plan of services.

4. If mechanical restraint is used in an emergency on a person with a disability who is a client of a forensic facility, the use of the procedure must be reported as a denial of rights pursuant to NRS 433.534, regardless of whether the use of the procedure is authorized by statute. The report must be made not later than 1 working day after the procedure is used.

5. As used in this section, “forensic facility” means a secure facility of the division for mentally disordered offenders and defendants who are ordered to the facility pursuant to chapter 178 of NRS.

Sec. 2. NRS 433.545 is hereby amended to read as follows:

433.545 As used in NRS 433.545 to 433.551, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 433.5453 to 433.548, inclusive,have the meanings ascribed to them in those sections.

Sec. 3. NRS 433.547 is hereby amended to read as follows:

433.547 “Mechanical restraint” means the use of devices, including, without limitation, mittens, straps , [and] restraint chairs , handcuffs, belly chains and four-point restraints to limit a person’s movement or hold a person immobile.

Sec. 4. NRS 433.549 is hereby amended to read as follows:

433.549 A person employed by a facility or any other person shall not:

1. Except as otherwise provided in NRS 433.5493, use physical restraint on a person with a disability who is a client.

2. Except as otherwise provided in NRS 433.5496 [,] and section 1 of this act, use mechanical restraint on a person with a disability who is a client.

3. Except as otherwise provided in NRS 433.5503, use chemical restraint on a person with a disability who is a client.

Sec. 5. NRS 433.5496 is hereby amended to read as follows:

433.5496 1. Except as otherwise provided in [subsection 2,] subsections 2 and 4, mechanical restraint may be used on a person with a disability who is a client only if:

(a) An emergency exists that necessitates the use of mechanical restraint;

(b) A medical order authorizing the use of mechanical restraint is obtained from the client’s treating physician before the application of the mechanical restraint or not later than 15 minutes after the application of the mechanical restraint;

(c) The physician who signed the order required pursuant to paragraph (b) or the attending physician examines the client not later than 1 working day immediately after the application of the mechanical restraint;

(d) The mechanical restraint is applied by a member of the staff of the facility who is trained and qualified to apply mechanical restraint;

(e) The client is given the opportunity to move and exercise the parts of his body that are restrained at least 10 minutes per every 60 minutes of restraint;

(f) A member of the staff of the facility lessens or discontinues the restraint every 15 minutes to determine whether the client will stop or control his inappropriate behavior without the use of the restraint;

(g) The record of the client contains a notation that includes the time of day that the restraint was lessened or discontinued pursuant to paragraph (f), the response of the client and the response of the member of the staff of the facility who applied the mechanical restraint;

(h) A member of the staff of the facility continuously monitors the client during the time that mechanical restraint is used on the client; and

(i) The mechanical restraint is used only for the period that is necessary to contain the behavior of the client so that the client is no longer an immediate threat of causing physical injury to himself or others or causing severe property damage.

2. Mechanical restraint may be used on a person with a disability who is a client and the provisions of subsection 1 do not apply if the mechanical restraint is used to:

(a) Treat the medical needs of a client;

(b) Protect a client who is known to be at risk of injury to himself because he lacks coordination or suffers from frequent loss of consciousness;

(d) Position a client who has physical disabilities in a manner prescribed in the client’s plan of services.

3. If mechanical restraint is used on a person with a disability who is a client in an emergency, the use of the procedure must be reported as a denial of rights pursuant to NRS 433.534, regardless of whether the use of the procedure is authorized by statute. The report must be made not later than 1 working day after the procedure is used.

4. The provisions of this section do not apply to a forensic facility, as that term is defined in subsection 5 of section 1 of this act.

Sec. 6. NRS 388.5275 is hereby amended to read as follows:

388.5275 1. Except as otherwise provided in subsection 2, physical restraint may be used on a pupil with a disability only if:

(a) An emergency exists that necessitates the use of physical restraint;

(b) The physical restraint is used only for the period that is necessary to contain the behavior of the pupil so that the pupil is no longer an immediate threat of causing physical injury to himself or others or causing severe property damage; and

(c) The use of force in the application of physical restraint does not exceed the force that is reasonable and necessary under the circumstances precipitating the use of physical restraint.

2. Physical restraint may be used on a pupil with a disability and the provisions of subsection 1 do not apply if the physical restraint is used to:

(a) Assist the pupil in completing a task or response if the pupil does not resist the application of physical restraint or if his resistance is minimal in intensity and duration;

(b) Escort or carry a pupil to safety if the pupil is in danger in his present location; or

3. If physical restraint is used on a pupil with a disability in an emergency, the use of the procedure must be reported in the pupil’s cumulative record and a confidential file maintained for the pupil not later than 1 working day after the procedure is used. A copy of the report must be provided to the board of trustees of the school district, the pupil’s individualized education program team and the parent or guardian of the pupil. The board of trustees shall review the report during a closed meeting to determine whether a denial of the pupil’s rights has occurred. The board of trustees shall:

(a) At least 5 school days before the date of the meeting, provide notice of the meeting to the pupil’s individualized education program team and the parent or legal guardian of the pupil; and

(b) Allow the pupil’s individualized education program team, or members thereof, and the parent or legal guardian of the pupil to attend and participate in the meeting.

If the board of trustees determines that a denial of the pupil’s rights has occurred, the board of trustees [may] shall submit a confidential report to the department in accordance with NRS 388.5315.

4. The provisions of chapter 241 of NRS do not apply to a meeting held by the board of trustees of a school district pursuant to subsection 3.

Sec. 7. NRS 388.528 is hereby amended to read as follows:

388.528 1. Except as otherwise provided in subsection 2, mechanical restraint may be used on a pupil with a disability only if:

(a) An emergency exists that necessitates the use of mechanical restraint;

(b) A medical order authorizing the use of mechanical restraint is obtained from the pupil’s treating physician before the application of the mechanical restraint or not later than 15 minutes after the application of the mechanical restraint;

(c) The physician who signed the order required pursuant to paragraph (b) or the attending physician examines the pupil as soon as practicable;

(d) The mechanical restraint is applied by a member of the staff of the school who is trained and qualified to apply mechanical restraint;

(e) The pupil is given the opportunity to move and exercise the parts of his body that are restrained at least 10 minutes per every 60 minutes of restraint, unless otherwise prescribed by the physician who signed the order;

(f) A member of the staff of the school lessens or discontinues the restraint every 15 minutes to determine whether the pupil will stop or control his inappropriate behavior without the use of the restraint;

(g) The record of the pupil contains a notation that includes the time of day that the restraint was lessened or discontinued pursuant to paragraph (f), the response of the pupil and the response of the member of the staff of the school who applied the mechanical restraint;

(h) A member of the staff of the school continuously monitors the pupil during the time that mechanical restraint is used on the pupil; and

(i) The mechanical restraint is used only for the period that is necessary to contain the behavior of the pupil so that the pupil is no longer an immediate threat of causing physical injury to himself or others or causing severe property damage.

2. Mechanical restraint may be used on a pupil with a disability and the provisions of subsection 1 do not apply if the mechanical restraint is used to:

(a) Treat the medical needs of the pupil;

(b) Protect a pupil who is known to be at risk of injury to himself because he lacks coordination or suffers from frequent loss of consciousness;

(d) Position a pupil who has physical disabilities in a manner prescribed in the pupil’s individualized education program.

3. If mechanical restraint is used on a pupil with a disability in an emergency, the use of the procedure must be reported in the pupil’s cumulative record and a confidential file maintained for the pupil not later than 1 working day after the procedure is used. A copy of the report must be provided to the board of trustees of the school district, the pupil’s individualized education program team and the parent or guardian of the pupil. The board of trustees shall review the report during a closed meeting to determine whether a denial of the pupil’s rights has occurred. The board of trustees shall:

(a) At least 5 school days before the date of the meeting, provide notice of the meeting to the pupil’s individualized education program team and the parent or legal guardian of the pupil; and

(b) Allow the pupil’s individualized education program team, or members thereof, and the parent or legal guardian of the pupil to attend and participate in the meeting.

4. The provisions of chapter 241 of NRS do not apply to a meeting held by the board of trustees of a school district pursuant to subsection 3.

Sec. 8. NRS 388.5295 is hereby amended to read as follows:

388.5295 1. A school where a violation of NRS 388.521 to 388.5315, inclusive, occurs shall report the violation to the board of trustees of the school district [not] , the parent or legal guardian of the pupil against whom the action was taken and the pupil’s individualized education program team. The report must be made:

(a) Not later than 24 hours after the violation occurred, or as soon thereafter as the violation is discovered.

(b) To the parent or legal guardian of the pupil and the pupil’s individualized education program team in a manner that does not violate the confidentiality of any other pupil involved in the incident.

2. The board of trustees of the school district where the violation occurred shall develop, in cooperation with the superintendent of schools of the school district, a corrective plan to ensure that within 30 calendar days after the violation occurred, appropriate action is taken by the school and the board of trustees to prevent future violations.

3. The superintendent of schools of the school district shall submit the plan to the department. The department shall review the plan to ensure that it complies with applicable federal law and the statutes and regulations of this state. The department may require appropriate revision of the plan to ensure compliance.

4. If the school where the violation occurred does not meet the requirements of the plan to the satisfaction of the department, the department may appoint a licensed administrator to oversee the school to ensure that the school meets the requirements of the plan. An administrator serves at the pleasure of the superintendent of public instruction and is entitled to receive such compensation as may be set by the superintendent. A school district that contains a school for which an administrator is appointed pursuant to this subsection shall reimburse the department for any expenses incurred by the department pursuant to this subsection.

Sec. 9. NRS 388.5315 is hereby amended to read as follows:

388.5315 1. A denial of rights of a pupil with a disability pursuant to NRS 388.521 to 388.5315, inclusive, must be entered in the pupil’s cumulative record and a confidential file maintained for that pupil. Notice of the denial must be provided to the board of trustees of the school district [.] , the parent or legal guardian of the pupil and the pupil’s individualized education program team.

2. If the board of trustees of a school district receives notice of a denial of rights pursuant to subsection 1, it shall cause a full report to be prepared which must set forth in detail the factual circumstances surrounding the denial. A copy of the report must be provided to the department.

3. The department:

(a) Shall receive reports made pursuant to subsection 2;

(b) May investigate apparent violations of the rights of pupils with disabilities; and

Sec. 10. NRS 394.368 is hereby amended to read as follows:

394.368 1. Except as otherwise provided in subsection 2, physical restraint may be used on a pupil with a disability only if:

(a) An emergency exists that necessitates the use of physical restraint;

(c) The use of force in the application of physical restraint does not exceed the force that is reasonable and necessary under the circumstances precipitating the use of physical restraint.

2. Physical restraint may be used on a pupil with a disability and the provisions of subsection 1 do not apply if the physical restraint is used to:

(a) Assist the pupil in completing a task or response if the pupil does not resist the application of physical restraint or if his resistance is minimal in intensity and duration;

(b) Escort or carry a pupil to safety if the pupil is in danger in his present location; or

3. If physical restraint is used on a pupil with a disability in an emergency, the use of the procedure must be reported in the pupil’s cumulative record not later than 1 working day after the procedure is used. A copy of the report must be provided to the superintendent, the administrator of the private school, the pupil’s individualized education program team, if applicable, and the parent or guardian of the pupil. The administrator of the private school shall hold a meeting with the pupil’s individualized education program team, if applicable, and the parent or legal guardian of the pupil to review the report and consider whether a denial of the pupil’s rights has occurred. The administrator of the private school shall provide notice of the meeting to the pupil’s individualized education program team, if applicable, and the parent or legal guardian of the pupil at least 5 school days before the meeting. The meeting must be conducted in a manner that does not violate the confidentiality of the pupil. The administrator of the private school shall review the report and determine whether a violation of the pupil’s rights has occurred, regardless of whether the pupil’s individualized education program team or the parent or legal guardian of the pupil attend or participate in the meeting. If the administrator of the private school determines that a denial of the pupil’s rights has occurred, the administrator shall submit a confidential report to the superintendent in accordance with NRS 394.378.

Sec. 11. NRS 394.369 is hereby amended to read as follows:

394.369 1. Except as otherwise provided in subsection 2, mechanical restraint may be used on a pupil with a disability only if:

(a) An emergency exists that necessitates the use of mechanical restraint;

(c) The physician who signed the order required pursuant to paragraph (b) or the attending physician examines the pupil as soon as practicable after the application of the mechanical restraint;

(d) The mechanical restraint is applied by a member of the staff of the private school who is trained and qualified to apply mechanical restraint;

(f) A member of the staff of the private school lessens or discontinues the restraint every 15 minutes to determine whether the pupil will stop or control his inappropriate behavior without the use of the restraint;

(h) A member of the staff of the private school continuously monitors the pupil during the time that mechanical restraint is used on the pupil; and

2. Mechanical restraint may be used on a pupil with a disability and the provisions of subsection 1 do not apply if the mechanical restraint is used to:

(a) Treat the medical needs of the pupil;

(b) Protect a pupil who is known to be at risk of injury to himself because he lacks coordination or suffers from frequent loss of consciousness;

(d) Position a pupil who has physical disabilities in a manner prescribed in the pupil’s service plan developed pursuant to 34 C.F.R. § 300.455 or the pupil’s individualized education program, whichever is appropriate.

3. If mechanical restraint is used on a pupil with a disability in an emergency, the use of the procedure must be reported in the pupil’s cumulative record not later than 1 working day after the procedure is used. A copy of the report must be provided to the superintendent, the administrator of the private school, the pupil’s individualized education program team, if applicable, and the parent or guardian of the pupil. The administrator of the private school shall hold a meeting with the pupil’s individualized education program team, if applicable, and the parent or legal guardian of the pupil to review the report and consider whether a denial of the pupil’s rights has occurred. The administrator of the private school shall provide notice of the meeting to the pupil’s individualized education program team, if applicable, and the parent or legal guardian of the pupil at least 5 school days before the meeting. The meeting must be conducted in a manner that does not violate the confidentiality of the pupil. The administrator of the private school shall review the report and determine whether a violation of the pupil’s rights has occurred, regardless of whether the pupil’s individualized education program team or the parent or legal guardian of the pupil attend or participate in the meeting. If the administrator of the private school determines that a denial of the pupil’s rights has occurred, the administrator shall submit a confidential report to the superintendent in accordance with NRS 394.378.

4. As used in this section, “individualized education program” has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(A).

Sec. 12. NRS 394.376 is hereby amended to read as follows:

394.376 1. A private school where a violation of NRS 394.353 to 394.378, inclusive, occurs shall report the violation to the superintendent [not] , the parent or legal guardian of the pupil against whom the action was taken and the pupil’s individualized education program team, if applicable. The report must be made:

(a) Not later than 24 hours after the violation occurred, or as soon thereafter as the violation is discovered.

2. The private school where a violation occurred shall develop, in cooperation with the superintendent, a corrective plan to ensure that within 30 calendar days after the violation occurred, appropriate action is taken by the private school to prevent future violations.

3. The superintendent shall submit the plan to the department. The department shall review the plan to ensure that it complies with applicable federal law and the statutes and regulations of this state. The department may require appropriate revision of the plan to ensure compliance.

Sec. 13. NRS 394.378 is hereby amended to read as follows:

394.378 1. A denial of rights of a pupil with a disability pursuant to NRS 394.353 to 394.378, inclusive, must be entered in the pupil’s cumulative record. Notice of the denial must be provided to the administrator of the private school [.] , the parent or legal guardian of the pupil and the pupil’s individualized education program team, if applicable.

2. If the administrator of a private school receives notice of a denial of rights pursuant to subsection 1, he shall cause a full report to be prepared which must set forth in detail the factual circumstances surrounding the denial. A copy of the report must be provided to the superintendent.

3. The superintendent:

(a) Shall receive reports made pursuant to subsection 2;

(b) May investigate apparent violations of the rights of pupils with disabilities; and

Sec. 14. This act becomes effective upon passage and approval.”.

Amend the title of the bill to read as follows:

“AN ACT relating to persons with disabilities; prescribing the circumstances under which a secure facility for mentally disordered offenders may use mechanical restraint on clients who have disabilities; revising provisions governing the duty of the board of trustees of a school district and the administrator of a private school in response to a report of the use of physical restraint or mechanical restraint on a pupil with a disability; revising provisions governing the reporting of certain violations involving pupils with disabilities; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Revises provisions governing use of restraints and interventions on persons with disabilities. (BDR 39‑346)”.

Senator Rawson moved that the Senate do not concur in the Assembly amendment to Senate Bill No. 116.

Remarks by Senator Rawson.

Motion carried.

Bill ordered transmitted to the Assembly.

WAIVERS AND EXEMPTIONS

Notice of Exemption

May 26, 2001

The Fiscal Analysis Division, pursuant to Joint Standing Rule No. 14.6, has determined the exemption of: Assembly Bills Nos. 4, 447.

Gary Ghiggeri

Fiscal Analysis Division

SECOND READING AND AMENDMENT

Assembly Bill No. 102.

Bill read second time.

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

Amendment No. 942.

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

“Section 1. Chapter 383 of NRS is hereby amended by adding thereto a new section to read as follows:

1. A nonprofit organization that has as its primary purpose the raising of money to benefit historic places in this state that are listed in the state register of historic places or the national register of historic places, or programs conducted pursuant thereto, may, with the approval of the administrator, engage in a program to raise money to benefit such a historic place or program pursuant to which a donor of money is allowed to name such a historic place, or any portion thereof, that receives any part of its funding from or through this state.

2. The administrator shall not approve a program pursuant to which a donor is allowed to rename a historic place or any portion thereof.

3. The administrator may adopt such regulations as he determines are necessary to carry out the provisions of this section.”.

Amend section 1, page 1, line 6, by deleting: “museums, library and arts.” and inserting “cultural affairs.”.

Amend the title of the bill, first line, by deleting “districts;” and inserting: “preservation; authorizing certain fund raising to benefit historic places or programs pursuant to which a donor of money is, under certain circumstances, allowed to name a historic place or portion thereof;”.

Amend the summary of the bill to read as follows:

“SUMMARY—Makes various changes concerning historic preservation. (BDR 33‑546)”.

Senator Titus moved the adoption of the amendment.

Remarks by Senator Titus.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 638.

Bill read second time.

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

Amendment No. 932.

Amend the bill as a whole by deleting sec. 3 and inserting:

“Sec. 3. (Deleted by amendment.)”.

Amend the bill as a whole by deleting sec. 6 and inserting:

“Sec. 6. (Deleted by amendment.)”.

Amend the bill as a whole by deleting sec. 8 and inserting:

“Sec. 8. (Deleted by amendment.)”.

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

“Sec. 11. (Deleted by amendment.)”.

Amend the bill as a whole by deleting sec. 13 and inserting:

“Sec. 13. (Deleted by amendment.)”.

Amend the bill as a whole by deleting sec. 15 and inserting:

“Sec. 15. (Deleted by amendment.)”.

Amend sec. 20, page 12, by deleting lines 8 and 9 and inserting:

“(b) Any member of a board, commission or other body whose function”.

Amend sec. 20, page 12, line 11, by deleting “(d)” and inserting “(c)”. Amend sec. 20, page 12, line 15, by deleting “(e)” and inserting “(d)”. Amend the bill as a whole by deleting sec. 21 and inserting:

“Sec. 21. (Deleted by amendment.)”.

Amend the bill as a whole by adding a new section designated sec. 27, following sec. 26, to read as follows:

“Sec. 27. Section 20 of this act becomes effective at 12:01 a.m. on October 1, 2001.”.

Amend the title of the bill by deleting the third through eighth lines and inserting: “who initiated the challenge; clarifying the treatment of special absent ballots; revising the procedures for closing a polling place and counting ballots; revising the provisions governing voting by a new resident for President and Vice President; revising the requirement that a judicial officer and a”.

Senator Titus moved the adoption of the amendment.

Remarks by Senator Titus.

Amendment adopted.

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

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

Motion carried.

Senate in recess at 3:15 p.m.

SENATE IN SESSION

At 3:30 p.m.

President pro Tempore Jacobsen presiding.

Quorum present.

Senate Bill No. 184.

Bill read second time.

The following amendment was proposed by the Committee on Finance:

Amendment No. 943.

Amend section 1, page 1, line 7, by deleting “$150,000.” and inserting “$140,000.”.

Amend section 1, page 1, line 13, by deleting “$150,000.” and inserting “$140,000.”.

Amend section 1, page 2, line 3, by deleting “$150,000.” and inserting “$140,000.”.

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

“Sec. 2. NRS 2.060 is hereby amended to read as follows:

2.060 1. Any justice of the supreme court who has served as a justice or judge of a district court in any one or more of those courts for a period or periods aggregating 22 years and has ended such service is, after reaching the age of 60 years, entitled to receive annually from the State of Nevada, as a pension during the remainder of his life, a sum of money equal in amount to three-fourths the sum received as a salary for his judicial services during the last year thereof, payable every 2 weeks from money provided by direct legislative appropriation.

2. Any justice of the supreme court who has served as a justice or judge of a district court in any one or more of those courts for a period or periods aggregating 5 years and has ended such service is, after reaching the age of 60 years, entitled to receive annually from the State of Nevada, as a pension during the remainder of his life, a sum of money equal in amount to 4.1666 percent of the sum received as a salary for his judicial services during the last year thereof, payable every 2 weeks from money provided by direct legislative appropriation.

3. Any justice of the supreme court who qualifies for a pension under the provisions of subsection 2 is entitled to receive, for each year served beyond 5 years up to a maximum of 22 years, an additional 4.1666 percent of the sum received as a salary for his judicial services during the last year thereof, payable as provided in subsection 2.

4. Any justice who has retired pursuant to subsection 3 and is thereafter recalled to additional active service in the court system is entitled to receive credit toward accumulating 22 years’ service for the maximum pension based upon the time he actually spends in the additional active service.

5. Any justice who has the years of service necessary to retire but has not attained the required age may retire at any age with a benefit actuarially reduced to the required retirement age. A benefit under this subsection must be reduced in the same manner as benefits are reduced for persons retired under the public employees’ retirement system.

6. Any person receiving a pension pursuant to the provisions of this section is entitled to receive post-retirement increases equal to those provided for persons retired under the public employees’ retirement system.

7. Any justice who desires to receive the benefits of this section must file with the state controller and the state treasurer an affidavit setting forth the fact that he is ending his service, the date and place of his birth, and the years he has served in any district court or the supreme court.

8. Upon such notice and filing of the affidavit, the state controller shall draw his warrant, payable to the justice who has thus ended his service, upon the state treasurer for the sum due to him, and the state treasurer shall pay the sum out of money provided by direct legislative appropriation.

9. The faith of the State of Nevada is hereby pledged that this section shall not be repealed or amended so as to affect any justice who may have ended his service pursuant to it.

10. As used in this section, “salary” includes a salary received for service on a supreme court commission created by statute.

Sec. 3. NRS 2.410 is hereby amended to read as follows:

2.410 1. The supreme court law library shall be under the supervision and control of the supreme court, which may make and enforce such rules and regulations as may be necessary for the government, use and services of the library. Such rules or regulations shall assure that the library is accessible for public use and to users in all parts of the state.

2. There is hereby created a supreme court commission on law libraries. The chief justice of the supreme court shall appoint justices of the supreme court who are interested in issues related to improving access by the public to the law and legal publications to serve on the commission.

3. The supreme court commission on law libraries shall:

(a) Advise the supreme court concerning the government, use and services of the supreme court law library, including, without limitation, any decisions made by the supreme court pursuant to subsection 1 and NRS 2.420 and 2.430;

(b) Coordinate the development of materials to aid persons who choose to represent themselves in litigation and other legal matters rather than retaining an attorney; and

(c) Provide assistance and advice to the district court commission on law libraries during its existence concerning the government, use and services of county law libraries.

4. The commission shall meet at least quarterly and shall prepare and submit an annual report to the administrative office of the courts.

5. On January 6, 2003, the chief justice of the supreme court shall appoint two justices of the supreme court to serve terms on the supreme court commission on law libraries which begin on January 6, 2003, and end on January 2, 2005, and three justices to serve terms which begin on January 6, 2003, and end on December 31, 2006. If a justice appointed pursuant to this subsection to serve on the supreme court commission on law libraries ceases to be a justice of the supreme court, his term as a member of the supreme court commission on law libraries expires on the date that he ceases to be a justice of the supreme court. Such a vacancy on the supreme court commission on law libraries may only be filled by the person appointed to fill the vacancy on the supreme court and only for the remainder of the term for which he is appointed and actually serves.

6. Each member of the supreme court commission on law libraries who is appointed pursuant to subsection 5 is entitled to receive a salary of $32,400 for each year that he serves on the commission, payable in biweekly installments.

Sec. 4. Chapter 3 of NRS is hereby amended by adding thereto a new section to read as follows:

1. There is hereby created a district court commission on law libraries. The commission shall:

(a) Make recommendations to and otherwise advise generally the boards of law library trustees established pursuant to chapter 380 of NRS concerning policies and procedures related to improving access by the public to the law and legal publications;

(b) Coordinate the development of materials to aid persons who choose to represent themselves in litigation and other legal matters rather than retaining an attorney; and

(c) In a county in which the board of county commissioners governs and manages a law library, make recommendations to and otherwise advise the board of county commissioners concerning any issues that arise as the board manages the law library, carries out its duties set forth in chapter 380 of NRS or exercises any power granted to a board of law library trustees pursuant to chapter 380 of NRS and concerning policies and procedures related to improving access by the public to the law and legal publications.

2. The district court commission on law libraries shall meet at least quarterly and shall prepare and submit an annual report to the administrative office of the courts.

3. On January 6, 2003, the:

(a) Chief judge of the second judicial district shall appoint two district judges from the second judicial district to serve terms on the district court commission on law libraries which begin on January 6, 2003, and end on January 2, 2005; and

(b) Chief judge of the eighth judicial district shall appoint six district judges from the eighth judicial district to serve terms on the district court commission on law libraries which begin on January 6, 2003, and end on January 2, 2005.

If a district judge appointed pursuant to this subsection to serve on the district court commission on law libraries ceases to be a district judge, his term as a member of the district court commission on law libraries expires on the date that he ceases to be a district judge. Such a vacancy on the district court commission on law libraries may only be filled by the person appointed to fill the vacancy on the district court and only for the remainder of the term for which he is appointed and actually serves.

4. On or after January 6, 2003, the chief judge of any other judicial district may appoint one district judge to serve on the district court commission on law libraries.

5. Each member of the district court commission on law libraries who was appointed pursuant to subsection 3 is entitled to receive a salary of $30,000 for each year that he serves on the commission, payable in biweekly installments.”.

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

“Sec. 6. NRS 3.090 is hereby amended to read as follows:

3.090 1. Any judge of the district court who has served as a justice of the supreme court or judge of a district court in any one or more of those courts for a period or periods aggregating 22 years and has ended such service is, after reaching the age of 60 years, entitled to receive annually from the State of Nevada, as a pension during the remainder of his life, a sum of money equal in amount to three-fourths the sum received as a salary for his judicial services during the last year thereof, payable every 2 weeks from money provided by direct legislative appropriation.

2. Any judge of the district court who has served as a justice of the supreme court or judge of a district court in any one or more of those courts for a period or periods aggregating 5 years and has ended such service is, after reaching the age of 60 years, entitled to receive annually from the State of Nevada, as a pension during the remainder of his life, a sum of money equal in amount to 4.1666 percent of the sum received as a salary for his judicial services during the last year thereof, payable every 2 weeks from money provided by direct legislative appropriation.

3. Any judge of the district court who qualifies for a pension under the provisions of subsection 2 is entitled to receive, for each year served beyond 5 years up to a maximum of 22 years, an additional 4.1666 percent of the sum received as a salary for his judicial services during the last year thereof, payable as provided in subsection 2.

4. Any judge who has retired pursuant to subsection 3 and is thereafter recalled to additional active service in the court system is entitled to receive credit toward accumulating 22 years’ service for the maximum pension based upon the time he actually spends in the additional active service.

5. Any district judge who has the years of service necessary to retire but has not attained the required age may retire at any age with a benefit actuarially reduced to the required retirement age. A retirement benefit under this subsection must be reduced in the same manner as benefits are reduced for persons retired under the public employees’ retirement system.

6. Any person receiving a pension pursuant to the provisions of this section is entitled to receive post-retirement increases equal to those provided for persons retired in the public employees’ retirement system.

7. Any judge of the district court who desires to receive the benefits of this section must file with the state controller and the state treasurer an affidavit setting forth the fact that he is ending his service, the date and place of his birth, and the years he has served in any district court or the supreme court.

8. Upon such notice and filing of the affidavit, the state controller shall draw his warrant, payable to the judge who has thus ended his service, upon the state treasurer for the sum due to him, and the state treasurer shall pay the sum out of money provided by direct legislative appropriation.

9. The faith of the State of Nevada is hereby pledged that this section shall not be repealed or amended so as to affect any judge of the district court who may have ended his service pursuant to it.

10. As used in this section, “salary” includes a salary received for service on a district court commission created by statute.”.

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

“Sec. 8. 1. There is hereby appropriated from the state general fund to the district judges salary account the sum of $156,150 for the payment of the salaries of the members of the district court commission on law libraries.

2. There is hereby appropriated from the state general fund to the supreme court the sum of $97,538 for the payment of the salaries of the members of the supreme court commission on law libraries.

3. Any remaining balance of the appropriations made by subsections 1 and 2 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. 9. 1. This section and sections 1, 5 and 7 of this act become effective on October 1, 2001.

2. Section 8 of this act becomes effective on July 1, 2002.

3. Sections 2 and 3 of this act become effective on January 6, 2003, and expire by limitation on December 31, 2006.

4. Sections 4 and 6 of this act become effective on January 6, 2003, and expire by limitation on January 2, 2005.”.

Amend the title of the bill, second line, after the semicolon, by inserting: “creating a supreme court and a district court commission on law libraries; making appropriations;”.

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. 207.

Bill read second time.

The following amendment was proposed by the Committee on Finance:

Amendment No. 1020.

Amend section 1, pages 1 and 2, by deleting lines 3 through 15 on page 1 and lines 1 through 32 on page 2, and inserting:

“1. Upon approval of the interim finance committee, the director, through the division of health care financing and policy, shall establish a program for the provision of medical assistance to certain persons who are employed and have disabilities. The director shall establish the program by:

(a) Amending the state plan for Medicaid in the manner set forth in 42 U.S.C. § 1396a(a)(10)(A)(ii)(XIII);

(b) Amending the state plan for Medicaid in the manner set forth in 42 U.S.C. § 1396a(a)(10)(A)(ii)(XV); or

2. The director may require a person participating in a program established pursuant to subsection 1 to pay a premium or other cost-sharing charges in a manner that is consistent with federal law.”.

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

“Sec. 3. The director of the department of human resources shall submit a proposal for a program to be established pursuant to section 1 of this act to the interim finance committee for its approval at its first meeting after March 1, 2002. The proposal must be designed, to the extent practicable, to:

1. Require no funding from the state general fund; and

2. If approved by the interim finance committee, begin operating based on a schedule to develop and carry out the program that is agreed upon by the department of human resources, the interim finance committee and the Federal Government.”.

Amend the title of the bill to read as follows:

“AN ACT relating to public welfare; requiring the department of human resources to establish, upon approval of the interim finance committee, a program for the provision of medical assistance to certain working persons with disabilities; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Requires department of human resources to establish program for provision of medical assistance to certain working persons with disabilities. (BDR 38-227)”.

Senator Rawson moved the adoption of the amendment.

Remarks by Senator Rawson.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 321.

Bill read second time.

The following amendment was proposed by the Committee on Finance:

Amendment No. 1076.

Amend the bill as a whole by deleting sections 1 and 2 and renumbering sections 3 and 4 as sections 1 and 2.

Amend sec. 4, page 2, by deleting lines 22 through 24 and inserting:

“Sec. 2. This act becomes effective on July 1, 2001.”.

Amend the title of the bill, first line, by deleting: “revising the state plan for Medicaid;”.

Amend the summary of the bill to read as follows:

“SUMMARY—Requires state controller to transfer certain amount of money from intergovernmental transfer account in general fund to fund for institutional care of medically indigent. (BDR S-313)”.

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. 427.

Bill read second time.

The following amendment was proposed by the Committee on Finance:

Amendment No. 1083.

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

“Section 1. 1. There is hereby appropriated from the state general fund to the Department of Education the sum of $9,950,000 for educational technology.

2. The Department of Education shall distribute the money appropriated by subsection 1 as follows:

(a) For the Commission on Educational Technology to grant money to local school districts for schools within the school district to acquire the minimal level of educational technology that is necessary to provide a networked computer for each classroom, as recommended by the Commission:

(1) For the fiscal year 2001-2002 $1,250,000

(2) For the fiscal year 2002-2003 $1,250,000

(b) For the Commission on Educational Technology to provide grants to local school districts for the repair, replacement or upgrade of computer hardware and software, including, without limitation, contracts for maintenance:

(1) For the fiscal year 2001-2002 $2,500,000

(2) For the fiscal year 2002-2003 $2,500,000

(c) For the Commission on Educational Technology to grant to local school districts for hardware, software and contracting services to provide or enhance technical support to the school districts:

(1) For the fiscal year 2001-2002 $625,000

(2) For the fiscal year 2002-2003 $625,000

(d) For the Commission on Educational Technology to grant to local school districts for pilot programs that demonstrate best practices for the use of educational technology to improve the achievement of pupils:

(1) For the fiscal year 2001-2002 $150,000

(2) For the fiscal year 2002-2003 $150,000

(e) For the Commission on Educational Technology to distribute for the KLVX Distance Learning Satellite Service.... $400,000

(f) For the Commission on Educational Technology to grant to the Division of State Library and Archives of the Department of Museums, Library and Arts for licenses to allow school libraries access to research databases and other on-line resources appropriate for pupils $500,000

3. The sums appropriated by paragraphs (a) to (d), inclusive, of subsection 1 are available for either fiscal year. Any balance of those sums 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.

4. Any remaining balance of the appropriation made by paragraphs (e) and (f) of subsection 1 must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.

Sec. 2. 1. To receive a grant of money pursuant to section 1 of this act, a school district must:

(a) Complete forms provided by the Superintendent of Public Instruction.

(b) Submit a written request to the Commission on Educational Technology that identifies the schools within the school district which need educational technology and the financial needs of those schools to obtain the educational technology.

(c) Submit a plan to the Commission on Educational Technology for the use of educational technology to improve the instruction and academic achievement of pupils, based upon the most recent version of the plan adopted by the Commission pursuant to NRS 388.795 for the use of educational technology in the public schools of this state. A school district may, as part of its plan and upon approval of the Commission, elect to use refurbished computers that do not meet the technical standards established by the Commission.

(d) Submit a plan for evaluation in accordance with guidelines submitted by the Commission on Educational Technology that includes the effectiveness of the use of educational technology in improving the academic achievement of pupils.

(e) Provide any additional information requested by the Commission on Educational Technology.

2. The Commission on Educational Technology shall determine the amount of money that must be distributed to school districts based upon the needs of each school district and the wealth of the school district relative to the other school districts in this state.

3. A school district that receives a grant of money pursuant to section 1 of this act shall:

(a) Account for the money separately; and

(b) Use the money to supplement, and not replace, the money that the school district would otherwise expend for educational technology.

4. A school district that receives a grant of money pursuant to section 1 of this act shall not use the money to:

(a) Settle or arbitrate disputes or negotiate settlements between an organization that represents licensed employees of the school district and the school district.

(b) Adjust the schedules of salaries and benefits of the employees of the school district.

5. On or before January 1, 2003, each school district that receives a grant of money pursuant to section 1 of this act shall submit to the Department of Education and the Commission on Educational Technology a written report in the format required by the Department. The report must include, without limitation:

(a) A statement of the amount of money distributed to the school district pursuant to section 1 of this act;

(b) A record of the manner in which the money was expended;

(d) Any other expenditures for similar purposes from other money available to the school district.

6. On or before February 1, 2003, the Department of Education shall submit a written summary to the Governor, the Commission on Educational Technology and the Director of the Legislative Counsel Bureau for transmission to the 72nd session of the Nevada Legislature. The written summary must include, without limitation:

(a) The name of each school district that received a grant of money pursuant to section 1 of this act; and

(b) A compilation of the reports submitted to the Department pursuant to subsection 5.

Sec. 3. 1. There is hereby appropriated from the state general fund to the legislative fund created by NRS 218.085 the sum of $50,000 for use by the Legislative Bureau of Educational Accountability and Program Evaluation to hire a qualified, independent consultant to conduct an evaluation of educational technology.

2. The Legislative Bureau of Educational Accountability and Program Evaluation shall, after consulting with the Commission on Educational Technology, use the money appropriated by subsection 1 to hire a qualified, independent consultant to conduct an evaluation of the effectiveness of educational technology in improving the achievement of pupils, to identify issues relating to the implementation of educational technology and to identify best practices relating to the use of educational technology to improve the achievement of pupils.

3. The consultant shall provide to the Legislative Committee on Education, upon the request of the Committee, an interim report of the progress of the consultant. On or before February 1, 2003, the consultant hired pursuant to subsection 2 shall submit a written report of the results of his evaluation to the Legislative Bureau of Educational Accountability and Program Evaluation. On or before February 19, 2003, the Legislative Bureau of Educational Accountability and Program Evaluation shall submit a copy of the written report and any recommendations for legislation to the Director of the Legislative Counsel Bureau for transmission to the 72nd session of the Nevada Legislature.

4. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.

Sec. 4. 1. There is hereby appropriated from the state general fund to the Department of Education the sum of $10,000,000 to provide signing bonuses to teachers who are newly hired by school districts for the 2001‑2002 school year and the 2002-2003 school year. A newly hired teacher may not receive a signing bonus until he has taught for a school district in this state for at least 30 days. A teacher may not receive more than one signing bonus pursuant to this section. A teacher who teaches for a school district in this state before the effective date of this act and who subsequently transfers to another school district in this state is not eligible to receive a signing bonus pursuant to this section.

2. A school district that wishes to provide signing bonuses to its newly hired teachers shall submit information to the Department of Education, in a format prescribed by the Department, concerning the number of teachers who are newly hired by the school district to teach for the 2001-2002 school year and the 2002-2003 school year. A school district shall submit a request for each fiscal year that it wishes to provide signing bonuses pursuant to this section.

3. The Department of Education shall use the money appropriated by subsection 1 to provide signing bonuses to teachers who are newly hired for the 2001-2002 school year and the 2002-2003 school year. The Department shall analyze the total number of newly hired teachers for the 2001-2002 school year and determine the total amount of money to be allocated for fiscal year 2001-2002 in a manner which will ensure that an adequate amount of money is available for signing bonuses for fiscal year 2002-2003. If necessary, the Department shall adjust the amount of each signing bonus for fiscal year 2001-2002 to ensure that an adequate amount of money is available to provide signing bonuses to newly hired teachers for fiscal year 2002-2003. The amount of a bonus paid to each teacher:

(a) In fiscal year 2001-2002 must not exceed $2,000.

(b) In fiscal year 2002-2003 must not exceed $2,500.

4. No additional money will be appropriated by the Legislature for the purpose of providing signing bonuses for teachers for the 2001-2003 biennium.

5. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.

Sec. 5. This act becomes effective upon passage and approval.”.

Amend the title of the bill to read as follows:

“AN ACT relating to education; making appropriations to the Department of Education for educational technology and for signing bonuses for teachers; making an appropriation to the legislative fund for use by the Legislative Bureau of Educational Accountability and Program Evaluation for an evaluation of educational technology; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Makes appropriations for educational technology and signing bonuses for teachers. (BDR S‑1349)”.

Senator Raggio moved the adoption of the amendment.

Remarks by Senators Raggio, Schneider and Washington.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

MOTIONS, RESOLUTIONS AND NOTICES

Senator Raggio moved that all rules be suspended, Senate Bill No. 427 be declared an emergency measure under the Constitution and placed on third reading and final passage upon return from reprint.

Remarks by Senator Raggio.

Motion carried unanimously.

REPORTS OF COMMITTEES

Mr. President pro Tempore:

Your Committee on Judiciary, to which was referred Senate Bill No. 577, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Mark A. James, Chairman

MOTIONS, RESOLUTIONS AND NOTICES

Senator James moved that all rules be suspended, reading so far had considered second reading, rules further suspended, Senate Bill No. 577 be declared an emergency measure under the Constitution and placed on third reading and final passage.

Remarks by Senator James.

Motion carried unanimously.

SECOND READING AND AMENDMENT

Senate Bill No. 437.

Bill read second time.

The following amendment was proposed by the Committee on Finance:

Amendment No. 1074.

Amend section 1, page 1, line 2, by deleting “$600,000” and inserting “$450,000”.

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. 438.

Bill read second time.

The following amendment was proposed by the Committee on Finance:

Amendment No. 1073.

Amend section 1, page 1, line 3, by deleting “$303,600” and inserting “$250,000”.

Senator Rawson moved the adoption of the amendment.

Remarks by Senator Rawson.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 198.

Bill read second time.

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

Amendment No. 979.

Amend the bill as a whole by renumbering sections 1 through 3 as sections 5 through 7 and adding new sections designated sections 1 through 4, following the enacting clause, to read as follows:

“Section 1. Chapter 445B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

Sec. 2. 1. If an authorized station or authorized inspection station is required to collect a fee pursuant to subsection 1 of NRS 445B.830, the station may charge a customer whose vehicle is inspected by the station the amount of any electronic transmission surcharge that the station incurs to obtain information which the station is required by law to obtain with respect to that customer’s vehicle.

2. An electronic transmission surcharge that is charged to a customer pursuant to subsection 1 must be set forth as a separate entry on the form certifying emission control compliance which the authorized station or authorized inspection station provides to the customer.

3. As used in this section, “electronic transmission surcharge” means the amount that an authorized station or authorized inspection station is required to pay to a contractor who owns or operates a database for the identification of vehicles for the transmission of information regarding a particular vehicle from the database to the authorized station or authorized inspection station.

Sec. 3. 1. If the board of county commissioners of a county is authorized to impose an additional fee for each form certifying emission control compliance, the board shall ensure that 2 percent of any such fee it imposes is retained as a commission by the authorized station or authorized inspection station that performs the inspection pursuant to which the form certifying emission control compliance is issued.

2. As used in this section, “additional fee” does not include any fee that is imposed pursuant to paragraph (a), (b) or (c) of subsection 1 of NRS 445B.830.

Sec. 4. NRS 445B.700 is hereby amended to read as follows:

445B.700 As used in NRS 445B.700 to 445B.845, inclusive, and sections 2 and 3 of this act, unless the context otherwise requires, the words and terms defined in NRS 445B.705 to 445B.758, inclusive, have the meanings ascribed to them in those sections.”.

Amend sec. 3, page 3, by deleting line 25 and inserting:

“Sec. 7. 1. This section and sections 1, 3, 4 and 6 of this act become effective on July 1, 2001.

2. Section 5 of this act becomes effective at 12:01 a.m. on July 1, 2001.

3. Section 2 of this act becomes effective on January 1, 2002.”.

Amend the title of the bill to read as follows:

“AN ACT relating to air pollution; authorizing certain stations licensed to inspect motor vehicles and devices for the control of pollution to charge a customer a surcharge for the costs of obtaining certain information regarding the customer’s vehicle; authorizing certain stations licensed to inspect motor vehicles and devices for the control of pollution to retain a percentage of certain fees as a commission; revising the provisions relating to expenditures from the pollution control account for purposes relating to air quality; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Revises certain provisions relating to inspection of motor vehicles and devices for control of pollution and revises provisions relating to expenditures for air quality. (BDR 40‑176)”.

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. 229.

Bill read second time.

The following amendment was proposed by the Committee on Transportation:

Amendment No. 984.

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

“Sec. 2. NRS 482.1805 is hereby amended to read as follows:

482.1805 1. The revolving account for the issuance of special license plates is hereby created as a special account in the motor vehicle fund. [Twenty-five percent] An amount equal to $35 of the fee received by the department for the initial issuance of a special license plate, not including any additional fee which may be added to generate financial support for a particular cause or charitable organization, must be deposited in the motor vehicle fund for credit to the account.

2. The department shall use the money in the account to pay the expenses involved in issuing special license plates.

3. Money in the account must be used only for the purpose specified in subsection 2.

4. At the end of each fiscal year, the state controller shall transfer from the account to the state highway fund an amount of money equal to the balance in the account which exceeds $50,000.”.

Amend the title of the bill, fourth line, after “plates;” by inserting: “revising the amount of the fee for the initial issuance of a special license plate that must be deposited in the revolving account for the issuance of special license plates;”.

Amend the summary of the bill to read as follows:

“SUMMARY—Revises requirements for issuance of special license plates for motor vehicles and administration of certain fees collected for such license plates. (BDR 43-55)”.

Senator Amodei moved the adoption of the amendment.

Remarks by Senator Amodei.

Amendment adopted.

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

Assembly Bill No. 246.

Bill read second time.

The following amendment was proposed by the Committee on Transportation:

Amendment No. 965.

Amend sec. 2, page 3, by deleting lines 37 through 45 and inserting: “registration fee or governmental services tax on that vehicle is at least $35 less than the credit on the total registration fee or governmental services tax paid on all vehicles from which a person transfers his ownership or interest, the department shall issue to the person a refund in an amount equal to the difference between the amount owed on the registration fee or governmental services tax on that vehicle and the credit on the total registration fee or governmental services tax paid on all vehicles from which a person transfers his ownership or interest.”.

Amend sec. 2, page 4, by deleting lines 7 through 11 and inserting:

“6. [If] Except as otherwise provided in this subsection, if a person cancels his registration , provides proof to the department that he sold the vehicle to which the registration pertains and surrenders to the department his license plates for [a] the vehicle, the department shall issue to the person a refund of the portion of the registration fee and governmental services tax paid on the vehicle attributable to the remainder of the current calendar year or registration period on a pro rata basis. If the amount of the refund is less than $35, the department shall not issue the refund.”.

Amend sec. 4, page 4, line 43, by deleting: “October 1, 2001.” and inserting: “January 1, 2002.”.

Amend the title of the bill by deleting the second and third lines and inserting: “motor vehicles by new residents of this state; revising the provision that authorizes certain pro rata credits or refunds for registrations transferred or canceled under”.

Senator Amodei moved the adoption of the amendment.

Remarks by Senator Amodei.

Amendment adopted.

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

Assembly Bill No. 349.

Bill read second time.

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

Amendment No. 956.

Amend the bill as a whole by deleting sections 1 through 21 and adding new sections designated sections 1 through 26, following the enacting clause, to read as follows:

“Section 1. Title 58 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 19, inclusive, of this act.

Sec. 2. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 12, inclusive, of this act have the meanings ascribed to them in those sections.

Sec. 3. “Calendar quarter” means each period of 3 consecutive calendar months ending on March 31, June 30, September 30 and December 31 in each calendar year.

Sec. 4. “Commission” means the public utilities commission of Nevada.

Sec. 5. “Fund” means the fund for energy assistance and conservation created by section 16 of this act.

Sec. 6. “Housing division” means the housing division of the department of business and industry.

Sec. 7. “Municipal utility” includes, without limitation:

1. A utility established pursuant to chapter 709 or 710 of NRS.

2. Any other utility that is owned, operated or controlled by a county, city or other local governmental entity.

Sec. 8. “Person” means:

1. A natural person;

2. Any form of business or social organization and any other nongovernmental legal entity, including, without limitation, a corporation, partnership, association, trust or unincorporated organization;

3. A government or an agency or instrumentality of a government, including, without limitation, this state or an agency or instrumentality of this state; and

4. A political subdivision of this state or of any other government or an agency or instrumentality of a political subdivision of this state or of any other government.

Sec. 9. “Public utility” has the meaning ascribed to it in NRS 704.020 and 704.030.

Sec. 10. 1. “Retail customer” means an end-use customer that purchases natural gas or electricity for consumption in this state.

2. The term includes, without limitation:

(a) A residential, commercial or industrial end-use customer that purchases natural gas or electricity for consumption in this state.

(b) A landlord of a mobile home park or owner of a company town who is subject to any of the provisions of NRS 704.905 to 704.960, inclusive.

(c) A landlord who pays for natural gas or electricity that is delivered through a master meter and who distributes or resells the natural gas or electricity to one or more tenants for consumption in this state.

3. The term does not include this state, a political subdivision of this state or an agency or instrumentality of this state or political subdivision of this state when it is an end-use customer that purchases natural gas or electricity for consumption in this state.

Sec. 11. “Universal energy charge” means the charge imposed pursuant to section 14 of this act.

Sec. 12. “Welfare division” means the welfare division of the department of human resources.

Sec. 13. 1. The provisions of section 14 of this act do not apply to any therm of natural gas or any kilowatt-hour of electricity that a retail customer purchases from:

(a) A rural electric cooperative established pursuant to chapter 81 of NRS.

(b) A general improvement district established pursuant to chapter 318 of NRS.

(c) A cooperative association, nonprofit corporation, nonprofit association or provider of service which is declared to be a public utility pursuant to NRS 704.673 and which provides service only to its members.

2. If a retail customer is exempted from paying the universal energy charge pursuant to subsection 1, the retail customer may not receive money or other assistance from:

(a) The welfare division pursuant to section 17 of this act for any utility service for which the retail customer is exempted from paying the universal energy charge; or

(b) The housing division pursuant to section 18 of this act.

Sec. 14. 1. Except as otherwise provided in this section and section 13 of this act, each retail customer shall pay:

(a) A universal energy charge of 3.3 mills on each therm of natural gas that the retail customer purchases from another person for consumption in this state; and

(b) A universal energy charge of 0.39 mills on each kilowatt-hour of electricity that the retail customer purchases from another person for consumption in this state.

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

(a) Any therm of natural gas used as a source of energy to generate electricity.

(b) Any kilowatt-hour of electricity used in industries utilizing electrolytic‑manufacturing processes.

3. If a retail customer uses the distribution services of a public utility or municipal utility to acquire natural gas or electricity that is subject to the universal energy charge, the public utility or municipal utility providing the distribution services shall:

(a) Collect the universal energy charge from each such retail customer;

(b) Ensure that the universal energy charge is set forth as a separate item or entry on the bill of each such retail customer; and

(c) Not later than 30 days after the end of each calendar quarter, remit to the commission the total amount of money collected by the public utility or municipal utility for the universal energy charge for the immediately preceding calendar quarter.

4. If a retail customer does not use the distribution services of a public utility or municipal utility to acquire natural gas or electricity that is subject to the universal energy charge, not later than 30 days after the end of each calendar quarter, the retail customer shall remit to the commission the total amount of money owed by the retail customer for the universal energy charge for the immediately preceding calendar quarter.

5. If, during a calendar quarter, a single retail customer or multiple retail customers under common ownership and control pay, in the aggregate, a universal energy charge of more than $25,000 for all consumption of natural gas and electricity during the calendar quarter, such retail customers are entitled to a refund, for that calendar quarter, of the amount of the universal energy charge that exceeds $25,000. To receive a refund pursuant to this section, not later than 90 days after the end of the calendar quarter for which the refund is requested, such retail customers must file with the commission a request for a refund. If a request for a refund is filed with the commission:

(a) The commission shall determine and certify the amount of the refund; and

(b) The refund must be paid as other claims against the state are paid from money in the fund.

Sec. 15. 1. The commission shall adopt regulations to carry out and enforce the provisions of section 14 of this act. Such regulations may require public utilities, municipal utilities and retail customers that are required to collect or remit money for the universal energy charge to file reports and to provide the commission with information relating to compliance with the requirements of the universal energy charge.

2. In carrying out the provisions of section 14 of this act, the commission shall solicit advice from the bureau of consumer protection in the office of the attorney general, public utilities and municipal utilities and other knowledgeable persons.

3. The commission may conduct audits and investigations of public utilities, municipal utilities and retail customers that are required to collect or remit money for the universal energy charge, if the commission determines that such audits and investigations are necessary to verify compliance with the requirements of the universal energy charge. In conducting such audits and investigations, the commission may exercise any of the investigative powers granted to the commission pursuant to chapter 703 of NRS, including, without limitation, the power to issue orders to compel the appearance of witnesses and the production of books, accounts, papers and records.

4. To carry out its powers and duties pursuant to this chapter, the commission is entitled to an administrative charge of not more than 3 percent of the money collected for the universal energy charge. After deduction of its administrative charge, the commission shall deposit the remaining money collected for the universal energy charge in the state treasury for credit to the fund.

5. The commission may bring an appropriate action in its own name for recovery of any money that a person fails to pay, collect or remit in violation of the requirements of the universal energy charge.

Sec. 16. 1. There is hereby created as a special revenue fund in the state treasury the fund for energy assistance and conservation. The welfare division shall administer the fund.

2. In addition to the money that must be credited to the fund from the universal energy charge, all money received from private or public sources to carry out the purposes of this chapter must be deposited in the state treasury for credit to the fund.

3. The welfare division shall, to the extent practicable, ensure that the money in the fund is administered in a manner which is coordinated with all other sources of money that are available for energy assistance and conservation, including, without limitation, money contributed from private sources, money obtained from the Federal Government and money obtained from any agency or instrumentality of this state or a political subdivision of this state.

4. The interest and income earned on the money in the fund, after deducting any applicable charges, must be credited to the fund. All claims against the fund must be paid as other claims against the state are paid.

5. After deduction of any refunds paid from the fund pursuant to section 14 of this act, the money in the fund must be distributed pursuant to sections 17 and 18 of this act.

Sec. 17. 1. Seventy-five percent of the money in the fund must be distributed to the welfare division for a program to assist households in paying for electricity and natural gas. The welfare division may use not more than 3 percent of the amount distributed to it pursuant to this section for its administrative expenses.

2. Except as otherwise provided in section 13 of this act, after deduction for its administrative expenses, the welfare division may use the money distributed to it pursuant to this section only to:

(a) Assist households in paying for electricity and natural gas.

(b) Carry out activities related to consumer outreach.

(d) Pay for the annual evaluations conducted pursuant to section 19 of this act.

3. Except as otherwise provided in subsection 4, to be eligible to receive assistance from the welfare division pursuant to this section, a household must have a household income that is not more than 150 percent of the federally designated level signifying poverty, as determined by the welfare division.

4. The welfare division is authorized to render emergency assistance to a household if an emergency related to the cost or availability of electricity or natural gas threatens the health or safety of one or more of the members of the household. Such emergency assistance may be rendered upon the good faith belief that the household is otherwise eligible to receive assistance pursuant to this section.

5. Before July 1, 2002, if a household is eligible to receive assistance pursuant to this section, the welfare division shall determine the amount of assistance that the household will receive by using the existing formulas set forth in the state plan for low-income home energy assistance.

6. On or after July 1, 2002, if a household is eligible to receive assistance pursuant to this section, the welfare division:

(a) Shall, to the extent practicable, determine the amount of assistance that the household will receive by determining the amount of assistance that is sufficient to reduce the percentage of the household’s income that is spent on electricity and natural gas to the median percentage of household income spent on electricity and natural gas statewide.

(b) May adjust the amount of assistance that the household will receive based upon such factors as:

(1) The income of the household;

(2) The size of the household;

(3) The type of energy that the household uses; and

(4) Any other factor which, in the determination of the welfare division, may make the household particularly vulnerable to increases in the cost of electricity or natural gas.

7. The welfare division shall adopt regulations to carry out and enforce the provisions of this section and section 16 of this act.

8. In carrying out the provisions of this section, the welfare division shall:

(a) Solicit advice from the housing division and from other knowledgeable persons;

(b) Identify and implement appropriate delivery systems to distribute money from the fund and other assistance pursuant to this section;

(c) Coordinate with other federal, state and local agencies that provide energy assistance or conservation services to low-income persons and, to the extent allowed by federal law and to the extent practicable, use the same simplified application forms as those other agencies;

(d) Establish a process for evaluating the programs conducted pursuant to this section;

(e) Develop a process for making changes to such programs; and

(f) Engage in annual planning and evaluation processes with the housing division as required by section 19 of this act.

Sec. 18. 1. Twenty-five percent of the money in the fund must be distributed to the housing division for programs of energy conservation, weatherization and energy efficiency. The housing division may use not more than 6 percent of the money distributed to it pursuant to this section for its administrative expenses.

2. Except as otherwise provided in section 13 of this act, after deduction for its administrative expenses, the housing division may use the money distributed to it pursuant to this section only to:

(a) Provide an eligible household with services of basic home energy conservation and home energy efficiency or to assist an eligible household to acquire such services, including, without limitation, services of load management.

(b) Pay for appropriate health and safety improvements associated with energy conservation, weatherization and improvements for energy efficiency.

(d) Pay for program design.

(e) Pay for the evaluations conducted pursuant to section 19 of this act.

3. Except as otherwise provided in subsection 4, to be eligible to receive assistance from the housing division pursuant to this section, a household must have a household income that is not more than 150 percent of the federally designated level signifying poverty, as determined by the housing division.

4. The housing division is authorized to render emergency assistance to a household if the health or safety of one or more of the members of the household is threatened because of the structural, mechanical or other failure of:

(a) The unit of housing in which the household dwells; or

(b) A component or system of the unit of housing in which the household dwells.

Such emergency assistance may be rendered upon the good faith belief that the household is otherwise eligible to receive assistance pursuant to this section.

5. The housing division shall adopt regulations to carry out and enforce the provisions of this section.

6. In carrying out the provisions of this section, the housing division shall:

(a) Solicit advice from the welfare division and from other knowledgeable persons;

(b) Identify and implement appropriate delivery systems to distribute money from the fund and other assistance pursuant to this section;

(d) Encourage other persons to provide resources and services, including, to the extent practicable, schools and programs that provide training in the building trades and apprenticeship programs;

(e) Establish a process for evaluating the programs conducted pursuant to this section;

(f) Develop a process for making changes to such programs; and

(g) Engage in annual planning and evaluation processes with the welfare division as required by section 19 of this act.

Sec. 19. 1. The welfare division and the housing division jointly shall establish an annual plan to coordinate their activities pursuant to this chapter. In preparing the annual plan, the divisions shall solicit advice from knowledgeable persons. The annual plan must include, without limitation, a description of:

(a) The resources and services being used by each program and the efforts that will be undertaken to increase those resources and services;

(b) The efforts that will be undertaken to improve administrative efficiency;

(c) The efforts that will be undertaken to coordinate with other federal, state and local agencies, nonprofit organizations and any private business or trade organizations that provide energy assistance or conservation services to low-income persons;

(d) The measures concerning program design that will be undertaken to improve program effectiveness; and

(e) The efforts that will be taken to address issues identified during the most recently completed annual evaluation conducted pursuant to subsection 2.

2. The welfare division and the housing division jointly shall:

(a) Conduct an annual evaluation of the programs that each division carries out pursuant to sections 17 and 18 of this act;

(b) Solicit advice from the commission as part of the annual evaluation; and

(c) Prepare a report concerning the annual evaluation and submit the report to the governor, the legislative commission and the interim finance committee.

3. The report prepared pursuant to subsection 2 must include, without limitation:

(a) A description of the objectives of each program;

(b) An analysis of the effectiveness and efficiency of each program in meeting the objectives of the program;

(c) The amount of money distributed from the fund for each program and a detailed description of the use of that money for each program;

(d) An analysis of the coordination between the divisions concerning each program; and

(e) Any changes planned for each program.

Sec. 20. NRS 703.130 is hereby amended to read as follows:

703.130 1. The commission shall appoint a deputy commissioner who shall serve in the unclassified service of the state.

2. The commission shall appoint a secretary who shall perform such administrative and other duties as are prescribed by the commission. The commission shall also appoint an assistant secretary.

3. The commission may employ such other clerks, experts or engineers as may be necessary.

4. Except as otherwise provided in subsection 5, the commission:

(a) May appoint one or more hearing officers for a period specified by the commission to conduct proceedings or hearings that may be conducted by the commission pursuant to chapters 704, 704A, 705, 708 and 711 of NRS [.] and sections 14 and 15 of this act.

(b) Shall prescribe by regulation the procedure for appealing a decision of a hearing officer to the commission.

5. The commission shall not appoint a hearing officer to conduct proceedings or hearings pursuant to sections 8 to 18, inclusive, of Assembly Bill No. 369 of this [act.] session.

Sec. 21. NRS 703.147 is hereby amended to read as follows:

703.147 1. The public utilities commission regulatory fund is hereby created as a special revenue fund. Except as otherwise provided in section 12 of Senate Bill No. 372 of this [act,] session and section 15 of this act, all money collected by the commission pursuant to law must be deposited in the state treasury for credit to the fund. Money collected for the use of the consumer’s advocate of the bureau of consumer protection in the office of the attorney general must be transferred pursuant to the provisions of subsection 8 of NRS 704.035.

2. Money in the fund which belongs to the commission may be used only to defray the costs of:

(a) Maintaining staff and equipment to regulate adequately public utilities and other persons subject to the jurisdiction of the commission.

(b) Participating in all rate cases involving those persons.

(c) Audits, inspections, investigations, publication of notices, reports and retaining consultants connected with that regulation and participation.

(d) The salaries, travel expenses and subsistence allowances of the members of the commission.

3. All claims against the fund must be paid as other claims against the state are paid.

4. The commission must furnish upon request a statement showing the balance remaining in the fund as of the close of the preceding fiscal year.

Sec. 22. NRS 703.150 is hereby amended to read as follows:

703.150 The commission shall [supervise] :

1. Supervise and regulate the operation and maintenance of public utilities and other persons named and defined in chapters 704, 704A and 708 of NRS pursuant to the provisions of those chapters.

2. Carry out the purposes and provisions of sections 14 and 15 of this act and any other specific statute relating to the powers and duties of the commission.

Sec. 23. NRS 703.164 is hereby amended to read as follows:

703.164 1. The commission may employ, or retain on a contract basis, legal counsel who shall:

(a) Except as otherwise provided in subsection 2, be counsel and attorney for the commission in all actions, proceedings and hearings.

(b) Prosecute in the name of the [public utilities commission of Nevada] commission all civil actions for the enforcement of chapters 704, 704A, 705 and 708 of NRS and sections 14 and 15 of this act and for the recovery of any penalty or forfeiture provided for therein.

(c) Generally aid the commission in the performance of its duties and the enforcement of chapters 704, 704A, 705 and 708 of NRS [.] and sections 14 and 15 of this act.

2. Each district attorney shall:

(a) Prosecute any violation of chapter 704, 704A, 705, 708 or 711 of NRS for which a criminal penalty is provided and which occurs in his county.

(b) Aid in any investigation, prosecution, hearing or trial held under the provisions of chapter 704, 704A, 705, 708 or 711 of NRS and, at the request of the commission or its legal counsel, act as counsel and attorney for the commission.

3. The attorney general shall, if the district attorney fails or refuses to do so, prosecute all violations of the laws of this state by public utilities under the jurisdiction of the commission and their officers, agents and employees.

4. The attorney general is not precluded from appearing in or moving to intervene in any action and representing the interest of the State of Nevada in any action in which the commission is a party and is represented by independent counsel.

Sec. 24. NRS 703.197 is hereby amended to read as follows:

703.197 1. The commission may collect fees for the filing of any official document required by this chapter and chapters 704, 704A, 705 and 708 of NRS or by a regulation of the commission.

2. Filing fees may not exceed:

(a) For applications, $200.

(b) For petitions seeking affirmative relief, $200.

(c) For each tariff page which requires public notice and is not attached to an application, $10. If more than one page is filed at one time, the total fee may not exceed the cost of notice and publication.

(d) For all other documents which require public notice, $10.

3. If an application or other document is rejected by the commission because it is inadequate or inappropriate, the filing fee must be returned.

4. The commission may not charge any fee for filing [a] :

(a) A complaint.

(b) A request for a refund pursuant to section 14 of this act.

Sec. 25. Section 9 of Senate Bill No. 372 of this session is hereby amended to read as follows:

Sec. 9. 1. “Retail customer” means [a customer who] an end-use customer that purchases electricity [at retail.] for consumption in this state.

2. The term includes, without limitation:

(a) This state, a political subdivision of this state or an agency or instrumentality of this state or political subdivision of this state when it is an end-use customer that purchases electricity [at retail; and] for consumption in this state.

(b) A residential, commercial or industrial end-use customer that purchases electricity for consumption in this state.

(c) A landlord of a mobile home park or owner of a company town who is subject to any of the provisions of NRS 704.905 to 704.960, inclusive.

(d) A landlord who pays for electricity that is delivered through a master meter and who distributes or resells the electricity to one or more tenants for consumption in this state.

Sec. 26. This act becomes effective upon passage and approval.”.

Amend the title of the bill by deleting the second through fourth lines and inserting: “energy assistance and conservation; requiring certain retail customers to pay the universal energy charge; requiring certain public utilities and municipal utilities to perform certain functions related to the universal energy charge; creating the fund for energy assistance and”.

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. 370.

Bill read second time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 1081.

Amend sec. 6, page 2, by deleting lines 8 and 9, and inserting:

“3. The threat would cause a reasonable person to fear that the threat will be carried out or the act would cause a reasonable person to feel terrorized, frightened, intimidated or harassed.”.

Amend sec. 7, page 2, line 12, by deleting “an” and inserting “a temporary”.

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

“Sec. 8. 1. The court may issue a temporary order for protection against harassment in the workplace if it appears to the satisfaction of the court from specific facts shown by a verified application filed pursuant to section 7 of this act that harassment in the workplace has occurred.

2. Except as otherwise provided in subsection 4, a temporary order for protection against harassment in the workplace must not be issued without notice to the person who allegedly committed the harassment. A temporary order for protection against harassment in the workplace must not be issued without the giving of security by the employer in an amount determined by the court to be sufficient to pay for such costs and damages as may be incurred or suffered by the person who allegedly committed the harassment if the person who allegedly committed the harassment is found to have been wrongfully enjoined or restrained.

3. The court may require the employer or the person who allegedly committed the harassment, or both, to appear before the court before determining whether to issue the temporary order for protection against harassment in the workplace.

4. A court may issue a temporary order for protection against harassment in the workplace without written or oral notice to the person who allegedly committed the harassment or his attorney only if:

(a) A verified application is accompanied by an affidavit that contains specific facts which clearly show that immediate and irreparable injury, loss or damage will result to the employer, an employee of the employer while the employee performs the duties of his employment or a person who is present at the workplace of the employer before the person who allegedly committed the harassment or his attorney can be heard in opposition; and

(b) The employer and the employer’s attorney, if any, set forth in the affidavit:

(1) The efforts, if any, that have been made to give notice to the person who allegedly committed the harassment; and

(2) The facts supporting waiver of notice requirements.

5. A temporary order for protection against harassment in the workplace that is granted, with or without notice, must expire not later than 15 days after the date on which the order is issued, unless extended pursuant to subsections 6 and 7.

6. If a temporary order for protection against harassment in the workplace is granted, with or without notice, the employer or his authorized agent may apply for an extended order for protection against harassment in the workplace by filing a verified application for an extended order for protection against harassment in the workplace. Such an application must:

(a) In addition to the information required by subsection 2 of section 7 of this act, set forth the facts that provide the basis for granting an extended order for protection against harassment in the workplace;

(b) Be filed before the expiration of the temporary order for protection against harassment in the workplace;

(c) Be heard as soon as reasonably possible and not later than 10 days after the date on which the application is filed with the court unless the court determines that there are compelling reasons to hold the hearing at a later date; and

(d) Be dismissed if the court finds that the temporary order for protection against harassment in the workplace which is the basis of the application has been dissolved or has expired.

7. At the hearing on an application filed pursuant to subsection 6, the employer must present evidence sufficient to support the granting of the application for an extended order for protection against harassment in the workplace. At the hearing, the court may:

(a) Dissolve or modify the temporary order for protection against harassment in the workplace; or

(b) Grant an extended order for protection against harassment in the workplace.

8. If granted, an extended order for protection against harassment in the workplace expires within such time, not to exceed 1 year, as the court fixes.

9. Upon 2 days’ notice to an employer who obtained a temporary order for protection against harassment in the workplace without notice or on such shorter notice to the employer as the court may prescribe, the person who allegedly committed the harassment may appear and move the dissolution or modification of the temporary order for protection against harassment in the workplace. Upon the filing of such a motion, the court shall proceed to hear and determine the motion as expeditiously as the ends of justice require. At the hearing, the court may dissolve, modify or extend the order.

10. The court may award costs and reasonable attorney’s fees to the prevailing party in a matter brought pursuant to this section.

11. If a court issues an extended order for protection against harassment in the workplace, an interlocutory appeal lies to the district court, which may affirm, modify or vacate the order in question. The appeal may be taken without bond, but its taking does not stay the effect or enforcement of the order.

Sec. 9. 1. A temporary or extended order for protection against harassment in the workplace may:

(a) Enjoin the person who allegedly committed the harassment from contacting the employer, an employee of the employer while the employee is performing his duties of employment and any person while the person is present at the workplace of the employer;

(b) Order the person who allegedly committed the harassment to stay away from the workplace of the employer; and

(c) Order such other relief as the court deems necessary to protect the employer, the workplace of the employer, the employees of the employer while performing their duties of employment and any other persons who are present at the workplace.

2. A court may not issue a temporary or extended order for protection against harassment in the workplace that is against more than one person.

3. A temporary or extended order for protection against harassment in the workplace must:

(a) Specify, as applicable, the county and city, if any, in which the workplace of the employer is located and in which the employees of the employer perform their duties of employment;

(b) Include a provision ordering any law enforcement officer to arrest the person who allegedly committed the harassment, with or without a warrant, if the officer has probable cause to believe that the person has been served with a copy of the order and has violated a provision of the order;

(d) Include the following statement:

WARNING

This is an official court order. If you disobey this order, you may be arrested and prosecuted for the crime of violating an order for protection against harassment in the workplace and any other crime that you may have committed in disobeying this order.

4. In addition to the requirements of subsection 3, if the court granted a temporary order for protection against harassment in the workplace without notice, the order must:

(a) Include a statement that the person who allegedly committed the harassment is entitled to a hearing on the order pursuant to section 8 of this act;

(b) Include the name and address of the court in which the petition for a hearing may be filed;

(d) Be immediately filed with the clerk of the court;

(e) Define the irreparable injury, loss or damage resulting from the harassment and state why it is irreparable; and

(f) Set forth the reasons for granting the order without notice.”.

Amend sec. 10, page 4, line 9, by deleting “An” and inserting: “A temporary or extended”.

Amend sec. 11, page 4, line 14, by deleting “an” and inserting: “a temporary or extended”.

Amend sec. 11, page 4, line 26, by deleting “an” and inserting: “a temporary or extended”.

Amend sec. 11, page 4, line 29, by deleting “an” and inserting: “a temporary or extended”.

Amend sec. 12, page 4, line 39, by deleting “received” and inserting: “been served with”.

Amend sec. 13, page 4, line 49, by deleting “an” and inserting: “a temporary or extended”.

Amend sec. 13, page 5, line 4, by deleting “An” and inserting: “A temporary or extended”.

Amend sec. 14, page 5, by deleting line 9 and inserting:

“Sec. 14. 1. A court, a law enforcement officer or any other person who”.

Amend sec. 14, page 5, line 10, by deleting “an” and inserting: “a temporary or extended”.

Amend sec. 14, page 5, line 12, by deleting: “on that belief.” and inserting:

“upon that belief.

2. A court, a law enforcement officer or any other person who refuses to enforce a temporary or extended order for protection against harassment in the workplace based upon a reasonable belief that the order is not valid is immune from civil and criminal liability for any action taken or not taken based upon that belief.

3. The employer of a law enforcement officer who enforces a temporary or extended order for protection against harassment in the workplace based upon a reasonable belief that the order is valid or who refuses to enforce such an order based upon a reasonable belief that the order is not valid is immune from civil and criminal liability for any action taken or not taken by the law enforcement officer based upon that belief.”.

Amend sec. 16, page 5, line 16, by deleting “an” and inserting: “a temporary or extended”.

Amend sec. 16, page 5, by deleting lines 18 and 19 and inserting: “harassment that the employer intends to seek such an order.”.

Amend sec. 17, page 5, line 21, by deleting “an” and inserting: “a temporary or extended”.

Amend sec. 17, page 5, line 23, by deleting “an” and inserting: “a temporary or extended”.

Amend sec. 17, page 5, line 24, by deleting “workplace.” and inserting: “workplace, if the employer acts in good faith in failing to seek the order.”.

Amend sec. 19, page 5, line 39, by deleting “an” and inserting: “a temporary or extended”.

Amend sec. 19, page 6, line 9, by deleting “an” and inserting: “a temporary or extended”.

Amend sec. 21, page 7, line 38, by deleting “of an” and inserting: “of a temporary or extended”.

Amend the title of the bill to read as follows:

“AN ACT relating to injunctions; authorizing employers to obtain temporary and extended orders for protection against harassment in the workplace to protect employers, employees and persons at the workplace from harassment by other persons; establishing the procedures for obtaining such orders; providing a penalty; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Authorizes employers to obtain temporary and extended orders for protection against harassment in workplace and establishes procedures for obtaining such orders. (BDR 3‑720)”.

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. 540.

Bill read second time.

The following amendment was proposed by the Committee on Transportation:

Amendment No. 964.

Amend the bill as a whole by adding a new section designated sec. 3.5, following sec. 3, to read as follows:

“Sec. 3.5. NRS 482.071 is hereby amended to read as follows:

482.071 “Motor home” means a structure:

1. Attached permanently to a self-propelled motor vehicle chassis;

2. Designed as a temporary dwelling for travel, recreational or camping use; and

3. When assembled for the road, [having] has a maximum body width of [8 feet.] 102 inches.”.

Amend sec. 11, page 3, line 14, by deleting “1.” and inserting “[1.]”.

Amend sec. 11, page 3, by deleting lines 18 through 20 and inserting: “trailer.

[2. A vehicle is not a travel trailer if, when equipped for highway use, it is more than 8 feet wide.] The term does not include a recreational park trailer.”.

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

“Secs. 12 and 13. (Deleted by amendment.)”.

Amend the title of the bill to read as follows:

“AN ACT relating to vehicles; providing for the identification, registration, regulation, taxation and other treatment of recreational park trailers as recreational vehicles; revising certain statutory definitions of “motor home” and “travel trailer;” and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Provides for identification, registration, regulation, taxation and other treatment of recreational park trailers as recreational vehicles and revises certain statutory definitions of “motor home” and “travel trailer.” (BDR 43‑799)”.

Senator Amodei moved the adoption of the amendment.

Remarks by Senator Amodei.

Amendment adopted.

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

Assembly Bill No. 313.

Bill read second time.

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

Amendment No. 1089.

Amend section 1, page 2, line 32, by deleting “NRS.” and inserting: “NRS, whose primary duties of employment are the provision of emergency medical services.”.

Amend sec. 3, page 3, by deleting lines 22 through 49 on page 3 and line 1 on page 4, and inserting:

“616C.052 1. [If] Except as otherwise provided in section 4 of this act, if a police officer or a salaried or volunteer fireman is exposed to a contagious disease:

(a) Upon battery by an offender; or

(b) While performing the duties of a police officer or fireman,

the employer of the police officer or fireman shall create and maintain a report concerning the exposure that includes, without limitation, the name of each police officer or fireman, as applicable, who was exposed to the contagious disease and the name of each person, if any, to whom the police officer or fireman was exposed.

2. Except as otherwise provided in paragraph (d) of subsection 2 of NRS 616A.265, if the results of a physical examination administered pursuant to NRS 617.455 or 617.457 to a police officer or a salaried or volunteer fireman after the commencement of his employment reveal that the police officer or fireman tested positive for exposure to tuberculosis, the police officer or fireman is eligible, during his lifetime, to receive compensation pursuant to chapters 616A to 617, inclusive, of NRS for tuberculosis and any additional diseases or conditions that are associated with or result from tuberculosis.

3. [If] Except as otherwise provided in section 4 of this act, if the employment of a police officer or a salaried or volunteer fireman is terminated, voluntarily or involuntarily, the employer of the police officer or fireman shall:

(a) At the time of termination and at 3 months after the date of termination, provide to the police officer or fireman a purified protein derivative skin test to screen for exposure to tuberculosis, unless the police officer or fireman previously submitted to such a test and tested positive for exposure to tuberculosis. Except as otherwise provided in paragraph (d) of subsection 2 of NRS 6161A.265, if a skin test administered pursuant to this paragraph and provided to the employer reveals that the police officer or fireman tested positive for exposure to tuberculosis, the police officer or fireman is eligible, during his lifetime, to receive compensation pursuant to chapters 616A to 617, inclusive, of NRS for tuberculosis and any additional diseases or conditions that are associated with or result from tuberculosis.

(b) [At the time] Within 30 days after the date of termination and at 6 and 12 months after the date of termination, provide to the police officer or fireman a blood test or other appropriate test to screen for other contagious diseases, including, without limitation, hepatitis A, hepatitis B, hepatitis C and human immunodeficiency virus.If a blood test or other appropriate test administered pursuant to this paragraph and provided to the employer reveals that the police officer or fireman has any other contagious disease or the antibodies associated with a contagious disease, the police officer or fireman is eligible, during his lifetime, to receive compensation pursuant to chapters 616A to 617, inclusive, of NRS for such a disease and any additional diseases or conditions that are associated with or result from the contagious disease.

4. The former employer of a police officer or a salaried or volunteer fireman shall pay all the costs associated with providing skin and blood tests and other appropriate tests required pursuant to subsection 3.

5. As used in this section, the term “battery” includes, without”.

Amend sec. 4, page 4, line 49, by deleting “NRS.” and inserting: “NRS, whose primary duties of employment are the provision of emergency medical services.”.

Amend sec. 5, page 5, line 16, after “2.” by inserting: “Notwithstanding the provisions of section 4 of this act, a person who, on October 1, 2001, is employed as a full-time salaried fireman or emergency medical attendant in this state shall submit to a blood test to screen for hepatitis on or before November, 1, 2001. The blood test must be paid for by the employer of the person. If a person fails to submit to a blood test required by this subsection, the conclusive presumption relating to hepatitis otherwise created by section 4 of this act shall be deemed with regard to that person and for the purposes of section 4 of this act to be a rebuttable presumption that may only be rebutted by clear and convincing evidence that the hepatitis was not contracted during the period in which the person was employed as a full-time salaried firefighter or emergency medical attendant.

3.”.

Amend sec. 5, page 5, lines 22 and 23, by deleting: “the conclusive presumption relating to hepatitis created by” and inserting: “a rebuttable presumption that the hepatitis arose out of and in the course of his employment and is compensable in accordance with”.

Amend sec. 5, page 5, line 24, after “NRS.” by inserting: “The presumption may only be rebutted by clear and convincing evidence that the hepatitis was not contracted during the period in which the person was employed as a full-time salaried firefighter or emergency medical attendant.”.

Amend sec. 5, page 5, line 25, by deleting “3.” and inserting “4.”.

Amend sec. 5, page 5, line 29, by deleting “NRS.” and inserting:“NRS, whose primary duties of employment are the provision of emergency medical services.”.

Amend the title of the bill to read as follows:

“AN ACT relating to occupational diseases; creating statutory presumptions that hepatitis is an occupational disease for certain firemen and emergency medical attendants; establishing requirements of eligibility for the statutory presumptions; requiring the testing of such employees for the presence of hepatitis; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Creates statutory presumptions that hepatitis is occupational disease for certain employees. (BDR 53‑843)”.

Senator Townsend moved the adoption of the amendment.

Remarks by Senator Townsend.

Amendment adopted.

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

MOTIONS, RESOLUTIONS AND NOTICES

Senator Raggio moved to consider Senate Bill No. 577 as the next order of business on the General File.

Remarks by Senator Raggio.

Motion carried.

GENERAL FILE AND THIRD READING

Senate Bill No. 577.

Bill read third time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 1079.

Amend section 1, page 1, by deleting lines 12 and 13 and inserting:

“(b) A court of competent jurisdiction finds that:”.

Amend sec. 3, page 3, by deleting lines 21 and 22 and inserting: “in his capacity as a director or officer unless it is proven that:”.

Amend sec. 4, page 3, line 38, by deleting “and” and inserting “[and]”.

Amend sec. 4, page 3, line 39, after “(e)” by inserting: “The name and street address of the resident agent of the corporation; and

(f)”.

Amend sec. 4, page 3, lines 45 and 46, by deleting “an affidavit” and inserting: “a declaration under penalty of perjury”.

Amend sec. 16, page 9, lines 32 and 33, by deleting “an affidavit” and inserting: “a declaration under penalty of perjury”.

Amend sec. 20, page 11, line 15, by deleting “and” and inserting “[and]”.

Amend sec. 20, page 11, line 16, after “(e)” by inserting: “The name and street address of the resident agent of the limited-liability company; and

(f)”.

Amend sec. 20, page 11, line 29, by deleting “an affidavit” and inserting: “a declaration under penalty of perjury”.

Amend sec. 29, page 15, line 5, by deleting “and” and inserting “[and]”.

Amend sec. 29, page 15, line 6, after “(e)” by inserting: “The name and street address of the resident agent of the registered limited-liability partnership; and

(f)”.

Amend sec. 29, page 15, lines 8 and 9, by deleting “an affidavit” and inserting: “a declaration under penalty of perjury”.

Amend sec. 33, page 17, line 5, by deleting “and” and inserting “[and]”.

Amend sec. 33, page 17, line 6, after “(e)” by inserting: “The name and street address of the resident agent of the limited partnership; and

(f)”.

Amend sec. 33, page 17, lines 8 and 9, by deleting “an affidavit” and inserting: “a declaration under penalty of perjury”.

Amend sec. 37, page 19, line 12, by deleting “an affidavit” and inserting: “a declaration under penalty of perjury”.

Amend sec. 42, page 21, line 13, by deleting “an affidavit” and inserting: “a declaration under penalty of perjury”.

Amend sec. 47, page 23, by deleting lines 36 through 40 and inserting: “fiduciaries . [and are subject to the insulation from liability provided for directors of corporations by the laws of this state.] The members of the executive board are required to exercise the ordinary and reasonable care of directors of a corporation, subject to the business-judgment rule.”.

Amend sec. 48, page 25, by deleting lines 2 through 14 and inserting:

“3. [All fees] From each fee collected pursuant to paragraph (d) of subsection 2 :

(a) The entire amount or $50, whichever is less, of the fee collected pursuant to subparagraph (1) of that paragraph and half of the fee collected pursuant to subparagraph (2) of that paragraph must be deposited with the state treasurer for credit to the account for special services of the secretary of state in the state general fund. Any amount remaining in the account at the end of a fiscal year in excess of $2,000,000 must be transferred to the state general fund. Money in the account may be transferred to the secretary of state’s operating general fund budget account and must only be used to create and maintain the capability of the office of the secretary of state to provide special services, including, but not limited to, providing service:

[(a)] (1) On the day it is requested or within 24 hours; or

[(b)] (2) Necessary to increase or maintain the efficiency of the office.

Any transfer of money from the account for expenditure by the secretary of state must be approved by the interim finance committee.

(b) After deducting the amount required pursuant to paragraph (a), the remainder must be deposited with the state treasurer for credit to the state general fund.”.

Amend the bill as a whole by deleting sec. 58 and adding a new section designated sec. 58, following sec. 57, to read as follows:

“Sec. 58. Notwithstanding any provision of NRS 225.140 to the contrary:

1. The state controller shall, without obtaining the approval of the interim finance committee and in addition to any amounts transferred pursuant to that section with the approval of the interim finance committee, transfer from the account for special services of the secretary of state to the secretary of state’s operating general fund budget account:

For the fiscal year 2001-2002 $300,000

For the fiscal year 2002-2003 $250,000

2. The secretary of state may expend the amounts transferred pursuant to subsection 1 for such additional personnel, equipment, supplies, office space and other costs as are necessary to carry out the provisions of this act.”.

Amend sec. 59, page 27, by deleting lines 22 through 32 and inserting:

“Sec. 59. 1. This section and sections 1, 2, 3, 8, 9, 47 and 55 to 58, inclusive, of this act become effective upon passage and approval.

2. Section 48 of this act becomes effective at 12:01 a.m. on July 1, 2001.

3. Sections 4 to 7, inclusive, 10 to 46, inclusive, and 49 to 54, inclusive, of this act become effective:”.

Amend the title of the bill, second line, after “fees” by inserting: “and revising certain requirements”.

Senator James moved the adoption of the amendment.

Remarks by Senator James.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

MOTIONS, RESOLUTIONS AND NOTICES

Senator James moved that Senate Bill No. 577 be placed on third reading and final passage upon return from reprint.

Motion carried.

GENERAL FILE AND THIRD READING

Senate Bill No. 427.

Bill read third time.

Roll call on Senate Bill No. 427:

Yeas—19.

Nays—None.

Excused—Neal, O'Donnell—2.

Senate Bill No. 427 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.

Bill ordered transmitted to the Assembly.

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

Motion carried.

Senate in recess at 4:06 p.m.

SENATE IN SESSION

At 4:09 p.m.

President pro Tempore Jacobsen presiding.

Quorum present.

Senate Bill No. 577.

Bill read third time.

Remarks by Senators James, Care, Titus, Coffin and Porter.

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

Senator James:

Thank you, Mr. President pro Tempore. Let me give a brief discussion of this bill because it is an important measure for a number of reasons. First of all, the substantive changes in the bill to Nevada law would codify existing case law to specify that the corporate veil cannot be pierced to hold the stockholder, director or officer individually liable for a debt or liability of the corporation unless the liability is otherwise provided for in an agreement in which the stockholder, director or officer is a party to or the court finds that the corporation is influenced by the stockholder, director or officer and the corporation director and officer are inseparable, and to maintain the corporation as a separate entity under the circumstances would sanction fraud.

Senate Bill No. 577 also provides that directors and officers are not individually liable for damages in their personal capacity for an act or failure to act unless it is proven that their actions or failure to act constituted a breach of fiduciary duty and that breach involved intentional misconduct, fraud or knowing violation of the law. I would point out, Mr. President pro Tempore, that if there is a fraud such as a securities scheme or anything of that nature, then under the circumstances, this law would make those people liable for that fraudulent or intentional conduct.

Currently, Nevada law authorizes corporations to opt into this type of limitation on personal liability in the articles of incorporation. However, according to testimony this provision generally benefits those corporations, many of them large corporations who have the benefit of experienced legal counsel in setting up their Nevada corporations. This would make this protection generally available to all of those people including small business people who may not have that sophisticated legal advice.

Finally, Senate Bill No. 577 allows directors and officers of corporations to rely on information and data provided to them by financial advisors, evaluation advisors, such as a fairness opinion, and investment bankers in addition to the other professionals currently in statute that may be relied upon by directors, boards of directors or committees of boards of directors.

The other major portion of Senate Bill No. 577 increases certain fees. Senate Bill No. 577 increases fees for certain documents that are filed with the Secretary of State by corporations, foreign corporations, limited liability companies, partnerships, limited partnerships and business trusts. The changes in fees include an increase from $85 to $165 for the filing of what is called the initial list of officers and directors. Thereafter, when the annual list is filed, that fee remains at $85. When this list is now filed, they will also provide a declaration under penalty of perjury that the company has complied with the provisions of Nevada’s business tax laws which includes the paying of a $25 business license fee, which according to the research of the committee, is rarely paid. It is paid only a small percentage of the time by the people from outside of Nevada who set up a corporation as their domicile and then do business elsewhere.

Other fee increases include the filing fees for the following types of certificates and documents. They are: re-instatement of articles of incorporation or charters, amendments to certain documents filed with the Secretary of State, dissolution, change in location of a corporation, notice of withdrawal from Nevada by a foreign corporation, filing original articles of organization for limited liability companies or for registration for certain business entities. There are also fee changes for certifying copies of certain documents and executing certificates of corporate existence.

The bulk of these fees, which are charged in this bill have not been changed since 1989, approximately 12 years ago. These are fees that have not been adjusted in the Secretary of State’s office for a great deal of time. In many ways, what we are accomplishing here, is allowing the Secretary of State to increase fees associated with the cost of doing business and certainly associated with the level of sophistication that has been increased in the Secretary of State’s Office over the past 10 years.

We heard a lot of testimony in the Judiciary Committee about how much has been done in our State to make Nevada the corporate domicile of choice for the entire United States, the Delaware of the West as some people call it. I would prefer to say that Nevada will be better than Delaware as a domicile for any company, nationally, who wishes to set up a domicile in a place with business–friendly laws and a Secretary of State’s Office who can respond to the needs of today’s businesses. To address the costs incurred by the Secretary of State’s Office, and I won’t repeat this because it is the same thing I said with respect to the amendment we just adopted, the Secretary of State is allowed to continued to keep a portion of certain expedite fees that he charges at this time. The effective date of the bill is August 1, 2001, to allow the Secretary of State’s Office time to adequately inform its customers of the changes. However, the provisions allowing the Secretary of State's Office to access funds from the Account on Special Services is effective on July 1, 2001. Furthermore the effective date of the liability provisions that are set forth in the bill is prospective only. They do not apply to causes of action which accrue prior to the bill’s effective date. Any causes of action which accrue prior to that date will be settled under the existing laws regarding the liability of officers and directors regarding the issue of piercing the corporate veil.

I would say, generally, Mr. President pro Tempore, as many of you may know this bill is an integral part of an education enhancement package which was announced by the Governor, yesterday, which has been worked on by myself and by the Judiciary Committee for a number of weeks. Although, this bill, in its draft form was in a number of different permutations, is expected, conservatively estimating from our fiscal division, to generate $30 million over the biennium. That $30 million, under the Governor’s program and under the program being supported by this Senate when it passes this bill, today, will go directly to the increases in the salary of our State’s teachers, which is part of the Governor’s Education Enhancement Package. This is an integral portion of the ongoing funds necessary to: (a) increase teachers’ salaries by 2 percent in part of the biennium and (b) position Nevada and the Legislature, next time, to roll up that and the other 2 percent into a 4 percent increase when we return. In addition, these monies are necessary because of their concomitant effect of allowing one-shot funds to be made available for teacher bonuses. Those are recruitment bonuses and retention bonuses for our teachers. It also makes money available directly to classrooms or vital programs for technology and textbooks and for retaining programs like after school programs, music programs and sports programs. These are critical issues. These are probably the most important issues we are going to address this session. That we fund education properly. I cannot emphasize enough that this bill is necessary. It is integral to this plan, and I would strongly urge my colleagues to support it unanimously.

Senator Care:

Thank you, Mr. President pro Tempore. I will begin with sincere charity. I want to thank the Chairman for the work he has done in helping the crisis in funding public education particularly in southern Nevada. I am going to do that again, today, but I am compelled to speak.

Yesterday afternoon, the Judiciary Committee passed out Senate Bill No. 577 as an amend and do pass, which is the action we took. The action that we took last night gutted what is now section 1 in the bill which deals with alter ego. It also took out, and it is out now, the language about “clear and convincing evidence.” It also altered one little word we stuck in last night, the word “or” in section 3. Now the word “and” is back inside the bill. That may not sound like a lot, but I am going to explain that momentarily.

I asked that the language be deleted last night and that one amendment be deleted simply for the following reason. We had another bill, actually a BDR because the bill was never introduced, that was intended to increase, or actually to create, a franchise tax. The theory was that a number of corporations would relocate to Nevada to take advantage of our corporate laws. We had the engaging debate that if we do that, then what do we offer for these corporations to come here? The answer seemed to be, to some extent, that we should limit the liability of the officers and directors of those corporations. That made sense. There was a nexus. But when we got Senate Bill No. 577 last night, that nexus, in my judgment, was no longer there. What we were doing, in essence, was simply raising the fees the Secretary of State charges already. And, in fact, many of those fees have not been altered since 1987 and probably should have been increased some time ago. That was the rational last night, when I and a few others argued, “take out that language that, to such a great degree, limits the liability.”

About an hour ago, our committee rescinded that action and adopted the amendment that is now part of Senate Bill No. 577. This is my interpretation of the bill before us now. The Chairman says that all it does is codify existing case law on alter ego. It does that but in my judgment not completely. I realize only four of us in this Chamber are attorneys, but it is important to understand alter ego or piercing the corporate veil. The way the bill reads, now, you would have to demonstrate that the officer or director committed fraud. By adding a simple comma, we could have said “or” that the conduct to recognize the corporate fiction, with that conduct in mind, would constitute an injustice. That is what the courts say now. The courts specifically say, now, you do not have to demonstrate fraud. You can, simply, demonstrate that recognition of a corporate fiction would constitute an injustice. Again, this is legal talk but significant legal talk. That is not in this bill. That would be out. Secondly, in my judgment, in section 3, by keeping the “and” in there instead of “or,” it means, to me, that if an officer or director is accused of violating the best judgment rule, now, you have to demonstrate the willful act, the fraud or the knowing violation of the law. You cannot get there by demonstrating negligence. That will not do it. Those are the significant differences with what we did last night and what we have before us today.

We have a lot of wonderful corporations in this State. They are good citizens. Hundreds of them are represented by the lobbyists who walk this hall. Many of us have professional and personal relationships with people who operate those corporations. Those corporations would have had nothing to worry about with the bill that we passed out of committee last night, nothing at all. Those are good citizens. It is unfortunate, because what we are being asked here, today, by enacting the increases, is that they will protect our children, their welfare, their future, but at the same time, protect some corporate crooks. I know what we are going to do here, but I would like to say it comes at a terrible price.

Senator Titus:

With all due respect to the prime sponsor of Senate Bill No. 577 who has worked very hard to find much needed revenue for education, I have serious reservations about this bill. As non-amended, it includes added immunity, protection for officers and directors of businesses incorporating in Nevada. Protections which give directors of Firestone and Reynolds Tobacco less liability than the officers of a homeowner’s association. Such directors will, thus, have greater ability to act without oversight by the courts, essentially allowing them to bilk our residents with impunity. The ability to pierce the corporate veil is a necessary tool, according to our own Supreme Court, to protect our consumers and investors. Without this ability, a widow of a Senator from this body, Mrs. Fransden, would not have been able to win a judgment against an offending officer who attempted to hide behind the corporate shield. The many seniors who lost their life savings in the Harmon Mortgage fiasco would be unable to recoup any of their losses.

I also have philosophical concerns about this bill. Senate Bill No. 577 is designed to provide funding for education. We demand accountability from our educational system. Should we not demand accountability from corporations and businesses that operate in Nevada? Of course. In fact, we should be wary when those individuals seek to have blanket immunity before moving to Nevada. As stated by the sponsor, Nevada already has a pro–business climate and is considered the "Delaware of the West." What a terrible message we are now sending to the business world. We might as well hang out a shingle, “Sleaze balls and rip off artists welcome here.”

Unfortunately, I am caught between a rock and a hard place. I have been threatened, and I do not use that term lightly, that if Senate Bill No. 577 does not pass in this exact form, the so-called education funding package deal falls apart, and there will be no money to pay for the critical needs of our schools and no money for teacher raises. I cannot let that happen.

For that reason, I will vote for this bill, but I do so with a heavy heart. Nevada has sold its soul, tarnished is already shaky reputation, today, in exchange for a $30 million band-aid. I will work to have this corrected down the hall because I believe we can find the money needed for education without unnecessarily putting our investors at risk.

Senator Coffin:

Thank you, Mr. President pro Tempore. I cannot match the eloquence of my good friends in my party. I do appreciate the comments that they made. I do wish they could follow their eloquence with their votes. I want to say, I hope they change their minds, and I hope some of you do, too, because I have heard that you are troubled by what the outcome of this bill means. A little history perspective for some of us old-timers. I will take us down memory lane, 14 years, to an April Fool’s Day in 1987 when we voted on the subject of a personal income tax in the State of Nevada. It was passed out of here, 16-5 from this House. I was a freshman Senator, then. At that time, looking at the record, I said, “Be very careful if you do that, because if you rule out anything, it doesn’t mean you are for an income tax if you vote ‘no’ on this bill, but it means there are only a few other places you can go to get the money.” The best place to go is business. In 1991, when many of you were sitting right here on this floor, we were faced with another band–aide approach to a sick fiscal system, and we passed it. A lot of you voted against it. I am looking at four or five people on this floor on the other side of the aisle who voted against those measures, against business that day. The price tag then was pretty big. But $15 million a year does not begin to address the issue that is really needed. I have sat through 110 days of budget hearings, and we are a long way from matching revenues to expenditures. Why would we, and in the words of the distinguished Minority Leader, “sell our soul” for a pittance. It is the equivalence of 30 pieces of silver in A.D. 31, inflated rates, I am sure. What is going to happen, by this little amendment as I see it, is that reputable companies are not going to want to come here to save a few dollars. Do you think for a minute that the investors of America are going to want to hold stock in a company domiciled in Nevada with laws looser than Delaware without the experienced Judiciary and the established nearly 200 year-old case law history of Delaware? No.

I am not sure about the words the distinguished Minority Leader used to describe what Nevada will be called, but I will tell you what I would call it. I would call it the place where Butch Cassidy and the Sundance Kid would go, the Hole in the Wall. Instead of being in Utah, it is going to be in Nevada.

The pension funds that we own, we have invested in and that your constituents have are in the hands of the very corporate officers and directors who could, if they chose domicile in Nevada, commit virtually any act and get away with it and waste your money. Make no mistake these subtle changes are significant. Scoundrels can move here, and there are scoundrels in the mutual fund business and in the pension business and in many corporations. If I was one of them, I might consider moving here now. Remember that it is the directors and officers that pick the consultants who say, if they rely upon their advice, they will not be held liable. It is going to be very difficult to hold them liable if they have relied upon some expert. But who is paying the expert? It is the director and the officer who chooses the expert.

So why would we want such a terrible reputation? The stock and bond ratings services would look at a Nevada domiciled corporation in a whole different way if they knew that the officers and directors were going to be held to a lower standard of behavior in the way they manage the assets of a company.

I watched the entire hearing yesterday in Judiciary, and I was proud of the committee because the committee took out the offensive language. That is the first time in a long time the Republicans have lead the charge to raise taxes. I am proud of you for doing it. It has been pretty hard to get you to go along on that, and you have done it. I should congratulate you. If I offended anyone by saying this amount of money is not enough, well, it isn’t enough, but it is a step, and you have done this. But you have done it to business, to little business people. You didn’t do it to yourself. Some of you are in business, of course, so you might have. I am not incorporated so I won’t pay, but someone else will. A lot of people will. A lot of your constituents will. They will go away unhappy wondering why this would happen. They will wonder why those of you who have stood up for them in the past have abandoned them now. It has been stated by Senator Care that you already have the right as a corporation to opt into these limitations of personal liability in the articles of incorporation, but it is said by the sponsor of the measure that we do not have experienced counsel that can help them do it. I fail to believe that in the two sophisticated cities of Reno and Las Vegas and the similarly situated capitol of this State, Carson City, there aren’t enough good attorneys who can do this for their clients. That escapes me. I cannot believe that the two largest law firms in this State, and we all know who they are, cannot do it. They have probably done it already. They probably have specialists in there. I do not buy that argument. Increasing the fees on business is not the way to go. Maybe we should re-initiate the idea of a personal income tax. Maybe we should re-initiate the idea of cutting sales tax and raising property tax. Maybe we should do all of those things that we haven’t had the courage to do, and I hold myself just as accountable as you should hold yourselves.

Senator James:

Thank you, Mr. President pro Tempore. Let me say that I find it extremely unfortunate that a measure of this nature, as arduously wrought, as fair in administration, as high in purpose as this one, should be subjected to the kind of high rhetoric, stretching of the truth, misstatement of the law, downright fear mongering and the use of scare tactics as we have just seen on the floor today. I will tell you, Mr. President pro Tempore, the only people who are going to give Nevada a black eye are those who would engage in those practices to accomplish their own political objectives. There is nothing in this bill that would give protection, that would give solace, that would give encouragement to scoundrels and people who are out to bilk people of their money—nothing, whatsoever.

I want to talk about the real law because the bill is extremely clear that a director and officer of a corporation is liable for fraud, intentional breach of fiduciary duty and intentional violation of the law.

What are the words that we heard used about the kind of things that would happen if we enacted this? People would be bilked. We could get out our dictionary, but bilking is an intentional scheme to take someone’s money. We heard about Harley Harmon. Last time I checked, that was a fraud case. What are we really talking about? Well, we are talking about something called business judgment. We are talking about the members of a board of directors, who are part of a company or are outside directors who have lent their experience, their knowledge and their skills to help guide a company, which is what a board of directors does. We are talking about them and the business judgments they make when they sit in those boardrooms. What are they? About 18 months ago, maybe the business judgment was, “We are not going to invest in any Internet IPOs.” Well, the stockholders might sit back and watch other companies that invested in Internet companies or put their money into the Internet bubble and say, “Look, their stocks are going through the roof. Our stocks are stagnant. We have remained in value investments. We have remained in the old economy. We are missing the new economy. They breached their business judgment. They made a mistake. Let’s sue them.”

Under the old law, you could sue them because you did not get that money. Eighteen months later, the companies who did invest in the new–economy Internet IPO bubbles, and whose stocks went from astronomical heights down to numbers like $5, $3, 20 cents, their shareholders could say, “Wait a minute. You breached your business judgment. You made a mistake. You invested in Internet IPOs. Couldn’t you see that the bubble was going to burst and all of those stocks were going to go down?” So you sue them for that.

What we are talking about are boards of directors who act honestly, and let us remember that word, honestly, because you cannot act dishonestly, not under this bill and get away with it in Nevada. That is the message that I hope goes out to the financial markets of this country. Not the one you heard from the three previous speakers. Those people who act honestly on those boards, but maybe they misread the market, maybe they made a business judgment mistake, those people would not be liable in their personal assets for having made that mistake.

If you are a shareholder what recourse do you have? You still have an action against the corporation. You still have all the appraisal rights as a minority shareholder that are offered to you under Nevada laws. You have all of those things. This isn’t changing any of that. Nevada companies are a good and a safe place to invest, and they remain more so under the law you have in front of you. Please, I hate to repeat the words like “to protect crooks, to give blanket immunity, to allow sleaze-balls and rip-off artists to come here.” Give me some honest legal analysis and tell me where this bill does that. Nowhere.

My colleague on the Judiciary Committee, who I so respect as an attorney, who I turn to every day to give a fair and honest analysis of measures, of all the speakers, let me address him because he did engage me in a legal question. He did not participate in the kind of rhetoric and scare tactics that the others did. He raised the issue, “Does removal of the word ‘injustice’ from the piercing of the corporate veil standard make a deleterious change in the law?”

Let me give you an example. The word “injustice” is a word without standard when it is applied in this context. What is the standard of injustice? How do you decide as a jury or as a judge what is unjust? Is it unjust that a small business person who incorporates his business and seeks the protection of limited liability to conduct business as a corporation then borrows too much money from “Mega-Bank, Inc.,”, a hypothetical nation-wide bank, and then cannot pay back that money but has a few personal assets of his own. It is unjust that “Mega-Bank, Inc.” that loaned the money to the small business person should be able to pierce the corporate veil, particularly, in the context of this small business person who may not have kept all the corporate formalities, may have missed a few minutes of meetings, may have mingled some of his accounts unintentionally. By putting all of those things together and adding injustice in a bankruptcy or other context, they can then pierce through the corporate veil and get the small business person’s personal assets. Is that injustice? That is the kind of lack of a standard that is allowed in these cases. The corporate entity should not and does not in Nevada allow a person to sanction a fraud to hide behind the corporate veil while having perpetrated a fraud. A person who seeks to get at the assets of a person who set up a corporation as a fraud should have the corporate veil pierced, disregarded by the court. Under this legislation, Mr. President pro Tempore, you would be able to pierce the corporate veil and get at the personal assets of that person, that scoundrel, if you will, who would use the corporation to his advantage to perpetrate a fraud.

I do not know what to say, Mr. President pro Tempore, to the person who stands upon this floor and argues that it would be preferable for us to raise the personal income taxes of Nevadans and to change the Constitution to do that, to raise the personal property taxes of Nevadans as opposed to, and as a realistic alternative, to raising transactional fees for corporations who use the business offices of our Secretary of State. The latter, the one that is embodied in this bill, is the better, more prudent, fairer way to raise the money necessary to educate our school children properly.

The comment was made that businesses will have all this difficulty, now, incorporating in Nevada because we have changed the law so radically. I have already refuted each and every one of those arguments, Mr. President pro Tempore. One of the things that was thrown out was, “They will just go to Delaware where there are hundreds of years of case law.” Over the last 10 years as I shared with the Judiciary Committee just a few days ago, we have made sure that Nevada’s laws are in nearly every respect, except where they are better or newer, similar or identical to Delaware’s. Therefore, our new business courts that we have created to help these corporations when they have disputes can look to the jurisprudence of Delaware and its great length of jurisprudence.

This bill represents the essence of the legislative process. That essence is the endeavor to accomplish a fine objective through the art of compromise, through the art of working with the Executive Branch, through the art of working in a bipartisan way to accomplish that objective. It is a good bill. It does no damage. It does no violence to the laws of our State. It has no deleterious effect, whatsoever, on the reputation of this great State. We will continue to grow under it, and finally, Mr. President pro Tempore, it sets the predicate for what our Governor has said, and what our Governor under his leadership has set so firmly in place, that we can address the structural issues regarding our tax structure. We can address the structural issues regarding our budget and regarding the funding of our critical education system. I would urge us to take the first step, to disregard the high rhetoric and to vote this bill on to the other House.

Senator Care:

Thank you, Mr. President pro Tempore. I promise to be brief. I want to emphasize that when I gave my analysis of this bill, I twice qualified my remarks by saying quote, “In my judgment.” The law is open to interpretation. My fear is that courts will interpret this bill the way I do.

For example, in the judgment rule, corporate officers and directors, the Chairman I am sure would agree, have a duty to review documents, to have a basis for making their decisions. It is one thing to intentionally shirk that duty; it is another to negligently not do that duty. My concern is there is no recourse here against the officer or director who negligently violates the rule.

Finally, it is easy to stand up and say people say things for some sort of political motive. I know all of you in this Chamber, some of you better than others, but you know by now when I stand here and speak, it is because I damn well mean what I say. Thank you.

Senator Coffin:

Thank you, Mr. President pro Tempore. I will try to be brief. Jokingly, I must say, I have never in this Chamber been accused of high rhetoric if, indeed, you were including me among the others who spoke. I do not know. I am not a lawyer and, unfortunately, I am not a former collegiate debate champion as is the distinguished Judiciary Chairman. He has skillfully restated, in some fashion, all of the arguments he has heard against his measure and refuted them, of course, and then judged himself the winner. You learned a lot in collegiate debate. I wish I could do that. I do not have those kinds of skills.

I do want to correct one thing because I was thinking you were leaving the impression that I was for a State income tax. I will restate again as I did on April 1, 1987, that I am not for, currently, a State income tax, and I am not for, currently, a business tax. I say currently because I could be persuaded if it was the right thing to do, and it may be the right thing to do so we do not have to continue to burden business with its already unfair share of the cost of government in Nevada. You are raising a pittance here but creating a remarkable hole in the wall for all of the corporations that may seek here, but you won’t get the good ones; you will get the bad ones. I truly appreciate the statements and the assistance I have received from members of the committee, and I know the Chairman did say this has been carefully crafted, but it has moved as fast as any bill I have ever seen. We just got the white sheets, then the blue sheets and then the white sheets all in an hour, and I still have hardly read the bill. I have abstained in the past on some bills like this, but I think, today, I will just vote against it as carefully crafted as it has been portrayed. I do not think that an impartial judge of this debate would say it was. Thank you.

Senator Porter:

Thank you, Mr. President pro Tempore. I do not have the legal background, and most of us don’t, to enter the debate on the merits of the liability portion of this bill. I would like to share with you some of the other discussions that we had during the committee hearings that brought this bill about. If we look at education during the 1950s, 1960s and early 1970s, the challenges for us in the classroom and for teachers were students chewing gum, being late for class, skipping class. But if we fast forward to today, the challenges for education, our families and our children have changed so much that we are now looking at helping children learn about violence. We are teaching them what to do about drive-by shootings in southern Nevada. We are teaching them what to do about violence in the classroom and at home. It has changed so dramatically, that even today a child is in the classroom only about 9 percent of a year. That means 91 percent of the time they are someplace else, whether that is at home, where they should be, on the streets or getting into trouble. There have been a lot of challenges and changes impacting us today.

Southern Nevada is one of the fastest growing schools in the country, and we are trying to hire teachers to fill our classrooms. We heard testimony that we need about 1,200 new teachers in southern Nevada, alone, this year, and we only have 500 to 600. Our entry-level teachers start at $26,800. My wife was an educator for a number of years, nearly 17 years in the school library, but as we heard in testimony, we have garbage collectors and even those parking cars that are being paid far more than our entry-level teachers.

What this bill does is a number of things. It takes care of and helps us with a shortage. It also helps to eliminate some corporate loopholes. I have been very critical of this bill as it has evolved, not as to the merits and desires of plugging a gap for us in education, but because I, too, share the concerns of my colleague from North Las Vegas about small business. We looked at different avenues and different ways and wanted to make certain there would be no harm. We had testimony from the Las Vegas Chamber of Commerce, from the National Federation of Independent Business who spoke about, in concept, their support because they didn’t have time to visit all of their members and explain to them the bill. This bill closes some corporate loopholes and changes transaction fees that haven’t been adjusted in a number of years. I am not one to increase fees, but I think, this is about closing some corporate loopholes.

There is another element that hasn’t been addressed that I mentioned in committee. Parents, moms and dads, and the business community want accountability not only of our teachers but also of where the money is going. They want to make certain that if programs need help, we find a way to support those programs. They also expect that if there are programs that should be eliminated, they, too, should be eliminated. They also expect and demand that money is going to the classroom. That those funds are going to our children and not to a bloated bureaucracy as are some of our districts today. More importantly, we want to make certain we are judging education not on the amount of dollars we are spending but on where the funds are going and if they are being spent wisely. The program the Governor is proposing, the program that Senator James and our committee is proposing, is a result-oriented, need-based program. I would encourage the support of the Senate and this Legislature. I also appreciate the business community that has been e-mailing and calling us, being involved in the discussions, but some of the liability questions that were being argued were brought to us on a hand note in committee last night by a special interest group that is also very concerned. I truly believe that this is the beginning. The business community, the elected officials in this Body and the local governments have committed to take this to another level as far as helping education in our next Session.

Senators Rhoads, Townsend and Rawson moved the previous question.

Motion carried.

The question being on the passage of Senate Bill No. 577.

Roll call on Senate Bill No. 577:

Yeas—18.

Nays—Coffin.

Excused—Neal, O'Donnell—2.

Senate Bill No. 577 having received a two-thirds majority, Mr. President pro Tempore declared it passed, as amended.

Bill ordered transmitted to the Assembly.

UNFINISHED BUSINESS

Signing of Bills and Resolutions

There being no objections, the President pro Tempore and Secretary signed Senate Bills Nos. 39, 112, 115, 221, 223, 227, 237, 238, 252, 274, 289, 311, 337, 380, 381, 397, 406, 467, 483, 499, 519, 557; Senate Concurrent Resolution No. 49; Assembly Bills Nos. 7, 29, 33, 44, 74, 92, 165, 171, 180, 192, 199, 201, 245, 253, 257, 264, 267, 294, 302, 344, 402, 431, 440, 446, 463, 488, 491, 501, 536, 547, 563, 576, 601, 604, 622, 628, 636, 649.

Senator Raggio moved that the Senate adjourn until Monday, May 28, 2001 at 10:30 a.m.

Motion carried.

Senate adjourned at 5:01 p.m.

Approved:Lawrence E. Jacobsen

President pro Tempore of the Senate

Attest: Claire J. Clift

Secretary of the Senate