THE ONE HUNDRED AND THIRTEENTH DAY

                               

Carson City(Monday), May 28, 2001

    Senate called to order at 1:13 p.m.

    President Hunt presiding.

    Roll called.

    All present.

    Prayer by the Chaplain, Pastor Albert Tilstra.

    Save us, O God, from either indifference or unseemly revelry in this solemn hour, lest we mock those who lie in the quiet places they liberated from the enemy, and their comrades in whose eyes are the shadowed memories of the horrors they saw. Let us rather determine ourselves to finish the work they began, that God’s peace may yet come to all our troubled world.

    Make us aware of the responsibility that rests upon us to create peace in our own hearts, in our homes, in the workings of this Chamber in behalf of the people of this State. We ask that today You will lead the members of the Senate. Inspire them to do the very best for all. In the Name of the God of our Fathers, who is still our God.

Amen.

    Pledge of allegiance to the Flag.

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

    Motion carried.

REPORTS OF COMMITTEES

Madam President:

    Your Committee on Government Affairs, to which were referred Assembly Bills Nos. 94, 131, 225, 413, 430, 451, 490, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Ann O'Connell, Chairman

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, May 26, 2001

To the Honorable the Senate:

    I have the honor to inform your honorable body that the Assembly on this day passed Assembly Bills Nos. 518, 530, 531, 598; Senate Bills Nos. 6, 196, 201.

    Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bills Nos. 122, 324, 554.

    Also, I have the honor to inform your honorable body that the Assembly amended, and on this day passed, as amended, Senate Bill No. 33, Amendment No. 742; Senate Bill No. 65, Amendment No. 998; Senate Bill No. 127, Amendment No. 973; Senate Bill No. 150, Amendment No. 775; Senate Bill No. 165, Amendment No. 1041; Senate Bill No. 219, Amendment No. 814; Senate Bill No. 243, Amendment No. 971; Senate Bill No. 320, Amendment No. 974; Senate Bill No. 352, Amendment Nos. 962, 1035; Senate Bill No. 362, Amendment No. 955; Senate Bill No. 425, Amendment No. 914; Senate Bill No. 482, Amendment Nos. 740, 783; Senate Bill No. 487, Amendment Nos. 697, 787, 1037; Senate Bill No. 524, Amendment No. 1011; Senate Bill No. 527, Amendment No. 811; Senate Bill No. 544, Amendment Nos. 886, 992; Senate Bill No. 565, Amendment Nos. 863, 1061, and respectfully requests your honorable body to concur in said amendments.

    Also, I have the honor to inform your honorable body that the Assembly on this day concurred in the Senate Amendment No. 1005 to Assembly Bill No. 242; Senate Amendment No. 755 to Assembly Bill No. 325; Senate Amendment No. 822 to Assembly Bill No. 443; Senate Amendment No. 995 to Assembly Bill No. 444; Senate Amendment Nos. 768, 1004 to Assembly Bill No. 556.

    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. 848 to Assembly Bill No. 195; Senate Amendment No. 929 to Assembly Bill No. 555.

    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. 87, Assembly Amendment No. 677, and requests a conference, and appointed Assemblymen Buckley, Carpenter and Oceguera 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 respectfully refused to recede from its action on Senate Bill No. 418, Assembly Amendment No. 883, and requests a conference, and appointed Assemblymen Buckley, Dini and Hettrick 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 Giunchigliani, Parks and Beers as a first Conference Committee concerning Assembly Bill No. 48.

                                                                               Patricia R. Williams

                                                                        Assistant Chief Clerk of the Assembly

MOTIONS, RESOLUTIONS AND NOTICES

    By the Committee on Legislative Affairs and Operations:

    Senate Concurrent Resolution No. 50—Directing the Legislative Commission to conduct an interim study of certain systems that offer health benefits provided by various governmental employers.

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

    Motion carried.

    Senator Raggio moved that Assembly Bill No. 483 be taken from the Secretary's desk and placed at the top of the General File.

    Remarks by Senator Raggio.

    Motion carried.

    Senator Raggio moved that all rules be suspended, all Senate bills and joint resolutions returned from reprint be declared emergency measures under the Constitution and be immediately placed on third reading and final passage, time permitting.

    Remarks by Senator Raggio.

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

    This eliminates the one day for review of bills and resolutions that have been amended in order to expedite the process. Amendment and final passage of these measures will now be on the same day.

    Motion carried.

    Senator Raggio moved that all Senate bills and joint resolutions just placed on the second agenda, Second Reading File for amendment be considered before General File, first agenda, so that the Technical Services Unit can reprint these bills immediately.

    Remarks by Senator Raggio.

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

    This will expedite the turn around time in placing these reprinted measures on the General File for final consideration today.

    Motion carried.

    Senator Raggio moved that for the remainder of the session all bills and resolutions that have been passed or adopted be immediately transmitted to the Assembly, time permitting.

    Remarks by Senators Raggio and Neal.

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

    Transmitting Senate measures will provide the Assembly an opportunity to process these measures. Transmitting Assembly legislation with amendments will expedite the process so that the Assembly can review the amendments and can concur or not. Not concurring will create potential conference committees. Other Assembly measures passed will be enrolled and delivered to the Governor for signature. The President will announce the transmittal of bills and resolutions each time, which will provide members the opportunity to “give notice of reconsideration” or “rescind an action” (for bills with House deadline today), whichever is appropriate at that time. Once legislative measures have been transmitted, the Senate has no jurisdiction as to further options for legislative action, unless such action falls under the purview of Unfinished Business.

    Motion carried.

INTRODUCTION, FIRST READING AND REFERENCE

    By the Committee on Finance:

    Senate Bill No. 579—AN ACT relating to the legislature; revising the provisions governing the compensation of certain legislative employees; and providing other matters properly relating thereto.

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

    Motion carried.

    By the Committee on Finance:

    Senate Bill No. 580—AN ACT making a supplemental appropriation to the Department of Prisons for unanticipated costs associated with the utility budget of the Southern Desert Correctional Center; and providing other matters properly relating thereto.

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

    Motion carried.

    By the Committee on Finance:

    Senate Bill No. 581—AN ACT making a supplemental appropriation to the Western Interstate Commission for Higher Education for a projected shortfall in the personnel services category; and providing other matters properly relating thereto.

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

    Motion carried.

    Assembly Bill No. 122.

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

    Motion carried.

    Assembly Bill No. 324.

    Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.

    Motion carried.

    Assembly Bill No. 518.

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

    Motion carried.

    Assembly Bill No. 530.

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

    Motion carried.

    Assembly Bill No. 531.

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

    Motion carried.

    Assembly Bill No. 554.

    Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.

    Motion carried.

    Assembly Bill No. 598.

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

    Motion carried.

SECOND READING AND AMENDMENT

    Assembly Bill No. 94.

    Bill read second time.

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

    Amendment No. 1064.

    Amend sec. 1.5, page 2, by deleting line 31 and inserting:

    “3.  Except as otherwise provided in this subsection, a county recorder shall charge and collect, in addition to any fee that a county recorder is otherwise authorized to charge and collect, an additional fee of $1 for recording a document, instrument, paper, notice, deed, conveyance, map, chart, survey or any other writing. A county recorder shall not charge the additional fee authorized in this subsection for recording the originally signed copy of a certificate of marriage described in NRS 122.120. On or before the fifth day of each month, the county recorder shall pay to the county treasurer the amount of fees collected by him pursuant to this subsection. On or before the 15th day of each month, the county treasurer shall remit the money received by him pursuant to this subsection to the state treasurer for credit to the account to assist persons formerly in foster care created pursuant to section 14.5 of this act.

    4. Except as otherwise provided in subsection [3,] 5, a county recorder”.

    Amend sec. 1.5, page 2, line 43, by deleting “4.” and inserting “5.”.

    Amend sec. 1.5, page 3, line 1, by deleting “5.” and inserting “6.”.

    Amend sec. 1.5, page 3, by deleting line 4 and inserting:

    “[5.] 7.  Except as otherwise provided in subsection 2 or 3 or by an”.

    Amend the bill as a whole by adding a new section designated sec. 6.5, following sec. 6, to read as follows:

    “Sec. 6.5.  NRS 4.060 is hereby amended to read as follows:

    4.060  1.  Except as otherwise provided in this section, each justice of the peace shall charge and collect the following fees:

    (a) On the commencement of any action or proceeding in the justice’s court, other than in actions commenced pursuant to chapter 73 of NRS, to be paid by the party commencing the action:

        If the sum claimed does not exceed $1,000............................................ $28.00

        If the sum claimed exceeds $1,000 but does not exceed

            $2,500......................................................................................................... 50.00

        If the sum claimed exceeds $2,500 but does not exceed

            $4,500....................................................................................................... 100.00

        If the sum claimed exceeds $4,500 but does not exceed

            $6,500....................................................................................................... 125.00

        If the sum claimed exceeds $6,500 but does not exceed

            $7,500....................................................................................................... 150.00

        In all other civil actions.............................................................................. 28.00

    (b) For the preparation and filing of an affidavit and order in an action commenced pursuant to chapter 73 of NRS:

        If the sum claimed does not exceed $1,000.............................................. 25.00

        If the sum claimed exceeds $1,000 but does not exceed

            $2,500......................................................................................................... 45.00

        If the sum claimed exceeds $2,500 but does not exceed

            $5,000......................................................................................................... 65.00

    (c) On the appearance of any defendant, or any number of defendants answering jointly, to be paid him or them on filing the first paper in the action, or at the time of appearance:

        In all civil actions......................................................................................... 12.00

        For every additional defendant, appearing separately............................ 6.00

    (d) No fee may be charged where a defendant or defendants appear in response to an affidavit and order issued pursuant to the provisions of chapter 73 of NRS.

        (e) For the filing of any paper in intervention........................................... 6.00

        (f) For the issuance of any writ of attachment, writ of garnish-

                  ment, writ of execution or any other writ designed to

                  enforce any judgment of the court.................................................... 6.00

        (g) For filing a notice of appeal, and appeal bonds................................ 12.00

     One charge only may be made if both papers are filed at

                     the same time.

        (h) For issuing supersedeas to a writ designed to enforce a

                  judgment or order of the court......................................................... 12.00

        (i) For preparation and transmittal of transcript and papers

                  on appeal............................................................................................. 12.00

        (j) For celebrating a marriage and returning the certificate to

                  the county recorder........................................................... [35.00] $50.00

        (k) For entering judgment by confession.................................................. 6.00

        (l) For preparing any copy of any record, proceeding or

                  paper, for each page.............................................................................. .30

        (m) For each certificate of the clerk, under the seal of the

                  court....................................................................................................... 3.00

        (n) For searching records or files in his office, for each year................. 1.00

        (o) For filing and acting upon each bail or property bond ................... 40.00

        2.  A justice of the peace shall not charge or collect any of the fees set forth in subsection 1 for any service rendered by him to the county in which his township is located.

    3.  A justice of the peace shall not charge or collect the fee pursuant to paragraph (j) of subsection 1 if he performs a marriage ceremony in a commissioner township.

    4.  Except as otherwise provided by an ordinance adopted pursuant to the provisions of NRS 244.207, the justice of the peace shall, on or before the fifth day of each month, account for and pay to the county treasurer all fees collected during the preceding month, except for the fees he may retain as compensation and the fees he is required to pay to the state treasurer pursuant to subsection 5.

    5.  The justice of the peace shall, on or before the fifth day of each month, pay to the state treasurer [half] :

    (a) An amount equal to $5 of each fee collected pursuant to paragraph (j) of subsection 1 during the preceding month. The state treasurer shall deposit the money in the account for aid for victims of domestic violence in the state general fund.

    (b) Half of the fees collected pursuant to paragraph (o) of subsection 1 during the preceding month. The state treasurer shall deposit the money in the fund for the compensation of victims of crime.”.

    Amend sec. 11, page 9, between lines 41 and 42, by inserting:

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

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

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

    Amend sec. 12, page 11, between lines 46 and 47, by inserting:

    “12.  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 adding a new section designated sec. 14.5, following sec. 14, to read as follows:

    “Sec. 14.5.  Chapter 423 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  The account to assist persons formerly in foster care is hereby created in the state general fund.

    2.  The account must be administered by the administrator.

    3.  The money in the account must be used to assist persons who attained the age of 18 years while children in foster care in this state to make the transition from foster care to economic self-sufficiency, and may, consistent with that purpose, be:

    (a) Disbursed on behalf of such persons, on the basis of need, to obtain goods and services, including, without limitation:

        (1) Job training;

        (2) Housing assistance; and

        (3) Medical insurance;

    (b) Granted to nonprofit community organizations; or

    (c) Expended to provide matching money required as a condition of any federal grant.

    4.  A request for the disbursement of money from the account pursuant to paragraph (a) of subsection 3 must be made to the division in writing. The request must include information to demonstrate that all other resources for money to pay for the goods and services have been exhausted.

    5.  The division shall adopt such regulations as necessary for the administration of this section.

    6.  Money in the account at the end of any fiscal year remains in the account and does not revert to the state general fund.”.

    Amend sec. 15, page 13, between lines 11 and 12, by inserting:

    “3.  A county recorder who records a record of survey pursuant to this section shall, within 7 working days after he records the record of survey, provide to the county assessor at no charge:

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

    (b) Access to the digital record of survey and any digital supporting documents.”.

    Amend the title of the bill to read as follows:

    “AN ACT relating to local governments; authorizing a county recorder to charge and collect an additional fee to pay for the acquisition and improvement of technology used in the office of the county recorder; requiring the county recorder to charge and collect an additional fee to assist persons formerly in foster care; increasing the amount of certain fees charged and collected by certain officials of local governments; creating an account in the state general fund to assist persons formerly in foster care; and providing other matters properly relating thereto.”.

    Senator Porter moved the adoption of the amendment.

    Remarks by Senator Porter.

    Amendment adopted.

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

    Assembly Bill No. 131.

    Bill read second time.

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

    Amendment No. 941.

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

    “Section 1. Chapter 244 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  If a board of county commissioners determines that a nuisance or other condition described in NRS 244.3601, 244.3603 or 244.3605 requires the relocation of tenants, the board may arrange for the relocation of the tenants and may, in accordance with subsection 2, recover the cost of such relocation from the person determined by the board to be primarily responsible for creating the nuisance or other condition that required the relocation of the tenants.

    2.  Before a board of county commissioners recovers from a person the cost of relocating tenants, the board shall:

    (a) Send notice, by certified mail, return receipt requested, to the person from whom the board seeks to recover the cost of the relocation, setting forth the date by which the person must remit payment to the county; and

    (b) Afford the person from whom the board seeks to recover the cost of the relocation an opportunity for a hearing before the designee of the board and an appeal of that decision to the board.

The date specified in the notice by which the person must remit payment to the county is tolled for the period during which the person requests a hearing and receives a decision.

    3.  If a person appeals the decision of the designee to the board as described in paragraph (b) of subsection 2 and is aggrieved by the determination of the board, the person may, within 30 days after the making of the determination, appeal to the district court of the county. A judicial review authorized pursuant to this subsection must be limited to whether the determination was arbitrary, capricious or otherwise characterized by an abuse of discretion and must be conducted in accordance with the procedures set forth in chapter 233B of NRS for reviewing a final decision of an agency.”.

    Amend section 1, pages 1 and 2, by deleting lines 5 through 9 on page 1 and lines 1 through 4 on page 2, and inserting: “that [is determined to be an imminent danger to the surrounding neighborhood by] at least three persons [appointed by the board] who enforce building codes, housing codes, zoning ordinances or local health regulations, or who are members of a local law enforcement agency or fire department [.] determine in a signed, written statement to be an imminent danger to the surrounding neighborhood. The owner of the property on which the structure or condition is located must be given reasonable written notice [at least 72 hours] that is:

    (a) If practicable, hand-delivered or sent prepaid by United States mail to the owner of the property; or

    (b) Posted on the property,before the structure or condition is so secured. The notice must state clearly that the owner of the property may challenge the action to secure the structure or condition and must provide a telephone number and address at which the owner may obtain additional information.

    2.  The costs of securing the structure or condition may be made”.

    Amend sec. 2, page 2, by deleting lines 39 through 43 and inserting: “propertyif the owner fails to abate the condition.

    3.  If the court finds that a chronic nuisance exists and [emergency] action is necessary to avoid [immediate] serious threat to the public welfare or the safety [,] or health of the occupants of the property, the court [shall] may order the county to secure and close the property”.

    Amend sec. 2, page 3, by deleting lines 2 and 3 and inserting: “county in abating the condition; and”.

    Amend sec. 3, page 4, by deleting lines 25 and 26 and inserting: “property if the owner fails to abate the condition.”.

    Amend the bill as a whole by adding a new section designated sec. 6, following sec. 4, to read as follows:

    “Sec. 6. Chapter 268 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  The governing body of each city which is located in a county whose population is 100,000 or more may, by ordinance, to protect the public health, safety and welfare of the residents of the city, adopt procedures pursuant to which the city attorney may file an action in a court of competent jurisdiction to seek:

    (a) The abatement of an abandoned nuisance that is located or occurring within the city;

    (b) The repair, safeguarding or demolition of any structure or property where an abandoned nuisance is located or occurring within the city;

    (c) Authorization for the city to take the actions described in paragraphs (a) and (b);

    (d) Civil penalties against an owner of any structure or property where an abandoned nuisance is located or occurring within the city; and

    (e) Any other appropriate relief.

    2.  An ordinance adopted pursuant to subsection 1 must:

    (a) Contain procedures pursuant to which the owner of the property is:

        (1) Sent notice, by certified mail, return receipt requested, by a person authorized by the city to issue a citation of the existence on his property of three or more abandoned nuisance activities and the date by which he must abate the abandoned nuisance to prevent the matter from being submitted to the city attorney for legal action; and

        (2) Afforded an opportunity for a hearing before a court of competent jurisdiction.

    (b) Provide that the date specified in the notice by which the owner must abate the abandoned nuisance is tolled for the period during which the owner requests a hearing and receives a decision.

    (c) Provide the manner in which the city will, if the owner fails to abate the abandoned nuisance, recover money expended for labor and materials used to:

        (1) Abate the abandoned nuisance on the property; or

        (2) If applicable, repair, safeguard or demolish a structure or property where the abandoned nuisance is located or occurring.

    3.  If the court finds that an abandoned nuisance exists, the court shall order the owner of the property to abate the abandoned nuisance or repair, safeguard or demolish any structure or property where the abandoned nuisance is located or occurring, and may:

    (a) If applicable, order the owner of the property to pay reasonable expenses for the relocation of any tenants who occupy the property legally and who are affected by the abandoned nuisance;

    (b) If the owner of the property fails to comply with the order:

        (1) Direct the city to abate the abandoned nuisance or repair, safeguard or demolish any structure or property where the abandoned nuisance is located or occurring; and

        (2) Order the owner of the property to pay the city for the cost incurred by the city in taking the actions described in subparagraph (1); and

    (c) Order any other appropriate relief.

    4.  In addition to any other reasonable means authorized by the court for the recovery of money expended by the city to abate the abandoned nuisance, the governing body of the city may provide that the expense is a lien upon the property upon which such an abandoned nuisance is located or occurring. The lien must be perfected by:

    (a) Mailing by certified mail a notice of the lien, separately prepared for each lot affected, addressed to the last known owner of the property at his last known address, as determined by the real property assessment roll in the county in which the property is located; and

    (b) Filing with the county recorder of the county in which the property is located, a statement of the amount due and unpaid and describing the property subject to the lien.

    5.  As used in this section:

    (a) An “abandoned nuisance” exists on any property where a building or other structure is located on the property, the property is located in a city that is in a county whose population is 100,000 or more, the property has been vacant or substantially vacant for 2 years or more and:

        (1) Three or more abandoned nuisance activities exist or have occurred on the property during any 12-month period; or

        (2) A person associated with the property has caused or engaged in three or more abandoned nuisance activities during any 12-month period on the property or within 100 feet of the property.

    (b) “Abandoned nuisance activity” means:

        (1) Instances of unlawful breaking and entering or occupancy by unauthorized persons;

        (2) The presence of graffiti, debris, litter, garbage, rubble, abandoned materials, inoperable vehicles or junk appliances;

        (3) The presence of unsanitary conditions or hazardous materials;

        (4) The lack of adequate lighting, fencing or security;

        (5) Indicia of the presence or activities of gangs;

        (6) Environmental hazards;

        (7) Violations of city codes, ordinances or other adopted policy; or

        (8) Any other activity, behavior, conduct or condition defined by the governing body of the city to constitute a threat to the health, safety or welfare of the residents of or visitors to the city.

    (c) “Person associated with the property” means a person who, on the occasion of an abandoned nuisance activity, has:

        (1) Entered, patronized or visited;

        (2) Attempted to enter, patronize or visit; or

        (3) Waited to enter, patronize or visit, a property or a person present on the property.”.

    Amend the title of the bill to read as follows:

    “AN ACT relating to local governments; expanding the authority of the board of county commissioners of a county to abate nuisances, dangerous structures and dangerous conditions; authorizing the recovery of any applicable costs for the relocation of tenants incurred by the county in abating certain conditions; providing that a board of county commissioners may levy a special assessment to collect costs incurred by the county in abating certain conditions instead of imposing a lien; authorizing a board of county commissioners to adopt certain housing codes; expanding the authority of the governing body of certain cities to abate certain types of nuisances; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

    “SUMMARY¾Expands authority of counties and cities to abate certain conditions on real property. (BDR 22‑149)”.

    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. 225.

    Bill read second time.

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

    Amendment No. 967.

    Amend sec. 2, page 2, by deleting lines 13 through 34 and inserting:

    “(b) A commitment or promise made by a majority of the members present during a meeting of a public body;

    (c) If a public body may have a member who is not an elected official, an affirmative vote taken by a majority of the members present during a meeting of the public body; or

    (d) If all the members of a public body must be elected officials, an affirmative vote taken by a majority of all the members of the public body.

    2.  “Meeting” [means the] :

    (a) Except as otherwise provided in paragraph (b), means:

        (1) The gathering of members of a public body at which a quorum is present to deliberate toward a decision or to take action on any matter over which the public body has supervision, control, jurisdiction or advisory power.

        (2) Any series of gatherings of members of a public body at which:

            (I) Less than a quorum is present at any individual gathering;

            (II) The members of the public body attending one or more of the gatherings collectively constitute a quorum; and

            (III) The series of gatherings was held with the specific intent to avoid the provisions of this chapter.

    (b) Does not include a gathering or series of gatherings of members of a public body, as described in paragraph (a), at which a quorum is actually or collectively present:

        (1) Which occurs at a social function if the members do not deliberate toward a decision or take action on any matter over which the public body has supervision, control, jurisdiction or advisory power.

        (2) To receive information from the attorney employed or retained by the public body regarding potential or existing litigation involving a matter over which the public body has supervision, control, jurisdiction or advisory power and to deliberate toward a decision on the matter, or both.”.

    Amend the title of the bill, fourth line, by deleting: “certain serial gatherings;” and inserting: “and exclude certain gatherings of members of a public body;”.

    Senator Porter moved the adoption of the amendment.

    Remarks by Senators Porter and Raggio.

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

    I would like the record to reflect that this amendment was approved by representatives of the press association.

    Amendment adopted.

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

    Assembly Bill No. 413.

    Bill read second time.

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

    Amendment No. 938.

    Amend section 1, page 1, line 8, after “created” by inserting: “before July 1, 2001,”.

    Amend section 1, page 1, by deleting line 10 and inserting: “to affect adversely the continued existence of a public agency that”.

    Amend sec. 2, page 1, by deleting lines 12 and 13 and inserting:

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

    Amend the title of the bill to read as follows:

    “AN ACT relating to cooperative agreements; prohibiting the operation of certain legal entities created by cooperative agreements between public agencies in such a manner as to affect adversely the continued existence of a public agency that is not a party to such an agreement; 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.

    Assembly Bill No. 430.

    Bill read second time.

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

    Amendment No. 937.

    Amend section 1, pages 1 and 2, by deleting lines 18 through 21 on page 1 and lines 1 through 16 on page 2, and inserting: “located. The notice must specify the purpose, date, time and location of the hearing.

    3.  Except as otherwise provided in this subsection, if, after the hearing, the board determines that the unit referenced in the affidavit submitted pursuant to subsection 1 is being used as a dwelling unit, the board may adopt a resolution by the affirmative votes of not less than two-thirds of the total membership of the board to charge the owner pursuant to NRS 318.197 for the services provided by the district to the dwelling unit. The board shall not adopt such a resolution if the owner provides evidence satisfactory to the board that the unit referenced in the affidavit is not being used as a dwelling unit.”.

    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. 451.

    Bill read second time.

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

    Amendment No. 936.

    Amend section 1, page 1, line 6, by deleting “county” and inserting: “county, except property of the county that is operated or occupied by the county fair and recreation board,”.

    Amend section 1, page 1, by deleting lines 9 and 10 and inserting: “is [let to or for any nonprofit charitable or civic organization,] leased or conveyed to a corporation for public benefit, and the property is actually used for charitable or civic”.

    Amend section 1, page 1, line 15, by deleting “an organization” and inserting: “a corporation for public benefit”.

    Amend section 1, page 1, after line 17, by inserting:

    “4.  As used in this section, “corporation for public benefit” has the meaning ascribed to it in NRS 82.021.”.

    Amend sec. 2, page 2, line 4, by deleting: “nonprofit charitable or civic organization” and inserting: “corporation for public benefit”.

    Amend sec. 2, page 2, line 9, by deleting “an organization” and inserting: “a corporation for public benefit”.

    Amend sec. 2, page 2, between lines 11 and 12, by inserting:

    “4.  As used in this section, “corporation for public benefit” has the meaning ascribed to it in NRS 82.021.”.

    Amend the title of the bill, second line, by deleting: “certain nonprofit organizations” and inserting: “corporations for public benefit”.

    Amend the summary of the bill to read as follows:

    “SUMMARY—Authorizes certain local governments to donate real property to corporations for public benefit in certain circumstances. (BDR 20‑369)”.

    Senator Neal moved the adoption of the amendment.

    Remarks by Senator Neal.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 490.

    Bill read second time.

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

    Amendment No. 934.

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

    “Section 1. Chapter 244 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

    Sec. 2. As used in sections 2 to 5, inclusive, of this act, unless the context otherwise requires, “committee” means an advisory committee on aircraft noise established pursuant to section 3 of this act.

    Sec. 3. 1.  The board of county commissioners of each county whose population is 400,000 or more may establish by ordinance an advisory committee on aircraft noise.

    2.  If a board of county commissioners establishes a committee, the board shall appoint to the committee 11 members as follows:

    (a) Four members who live in neighborhoods affected by aircraft noise;

    (b) One member who lives in a neighborhood that is adjacent to an airport;

    (c) One member who represents commercial operators of helicopters;

    (d) One member who represents general aviation;

    (e) One member who represents the division of Air Traffic Services of the Federal Aviation Administration;

    (f) One member who represents a business that is affected by aircraft noise or is adjacent to an airport;

    (g) One member who represents the department of aviation of the county; and

    (h) One member who represents the board of county commissioners of the county.

    3.  The members of the committee shall serve terms of 2 years. Members may be reappointed for additional terms of 2 years in the same manner as the original appointments. Any vacancy occurring in the membership of the committee must be filled in the same manner as the original appointment.

    4.  The board of county commissioners shall appoint one of the members as chairman of the committee, who shall serve as chairman for a term of 1 year. If a vacancy occurs in the chairmanship, the vacancy must be filled in the same manner as the original selection for the remainder of the unexpired term.

    5.  The members of the committee serve without compensation.

    6.  The committee shall:

    (a) Meet upon the call of the chairman; and

    (b) Comply with the provisions of chapter 241 of NRS.

    Sec. 4.  1.  Except as otherwise provided in subsection 2, the committee may:

    (a) Examine and assess laws and any other information related to problems of aircraft noise in the county, including, without limitation, existing and proposed flight paths for aircraft;

    (b) Promote increased communication regarding aircraft noise among relevant public entities and between those entities and the general public; and

    (c) With due regard for the safety and efficiency of the aviation industry, advise and consult with the Federal Aviation Administration, the board of county commissioners and all other relevant federal, state and local governmental agencies, bodies and officials regarding new and existing programs and approaches for abating aircraft noise.

    2.  The provisions of this section do not authorize the committee to take any action with respect to any aircraft that is operated:

    (a) In commercial aviation pursuant to 14 C.F.R. Part 121 or 14 C.F.R. Part 135, or both;

    (b) As an air ambulance, as that term is defined in NRS 450B.030; or

    (c) By or in cooperation with a law enforcement agency.

    Sec. 5.  1.  Except as otherwise provided in subsection 2, the board of county commissioners of each county whose population is 400,000 or more shall enact and enforce ordinances requiring the county airport to:

    (a) Establish a toll-free telephone number for persons to report information regarding alleged violations of rules or regulations pertaining to aircraft noise, including, without limitation, deviations from established flight paths; and

    (b) Compile and maintain a record of each complaint that alleges a violation of a rule or regulation pertaining to aircraft noise.

    2.  An ordinance enacted pursuant to this section must not apply to any aircraft that is operated:

    (a) As an air ambulance, as that term is defined in NRS 450B.030; or

    (b) By or in cooperation with a law enforcement agency.

    Sec. 6.  The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.”.

    Amend the title of the bill to read as follows:

    “AN ACT relating to counties; authorizing certain counties to establish an advisory committee on aircraft noise; excluding from the purview of the committee the operation of certain types of aircraft; requiring certain counties to enact and enforce certain ordinances concerning the reporting of certain aircraft noise; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

    “SUMMARY¾Authorizes certain counties to establish advisory committee on aircraft noise and prescribes powers and duties of committee. (BDR 20‑154)”.

    Senator Titus moved the adoption of the amendment.

    Remarks by Senator Titus.

    Amendment adopted.

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

GENERAL FILE AND THIRD READING

    Assembly Bill No. 483.

    Bill read third time.

    The following amendment was proposed by Senators O’Connell and Raggio:

    Amendment No. 1112.

    Amend sec. 2, page 1, by deleting lines 10 through 15 and inserting:

    “1.  Total amount of contributions received”…………._____________”.

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

    Amend sec. 2, page 2, line 4, by deleting: “4.  The total” and inserting: “3.  Total amount of any interest and income earn-

ed for the campaign during the reporting period………….______________”

4.  Total amount of all contributions received during

the reporting period………………………………………._______________

5.  Total”.

    Amend sec. 2, page 2, line 9, by deleting: “5.  The total” and inserting  “6.  Total”.

    Amend sec. 2, page 2, by deleting lines 13 through 19 and inserting:

    “7.  Total amount of all expenses incurred during

 the reporting period ……………………………………._______________”.

    Senator Raggio moved the adoption of the amendment.

    Remarks by Senator Raggio.

    Amendment adopted.

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

    Senate Bill No. 184.

    Bill read third time.

    Remarks by Senator O'Donnell.

    Roll call on Senate Bill No. 184:

    Yeas—21.

    Nays—None.

    Senate Bill No. 184 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 193.

    Bill read third time.

    Roll call on Senate Bill No. 193:

    Yeas—21.

    Nays—None.

    Senate Bill No. 193 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 207.

    Bill read third time.

    Roll call on Senate Bill No. 207:

    Yeas—21.

    Nays—None.

    Senate Bill No. 207 having received a two-thirds majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 208.

    Bill read third time.

    Roll call on Senate Bill No. 208:

    Yeas—21.

    Nays—None.

    Senate Bill No. 208 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 321.

    Bill read third time.

    Roll call on Senate Bill No. 321:

    Yeas—21.

    Nays—None.

    Senate Bill No. 321 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 432.

    Bill read third time.

    Roll call on Senate Bill No. 432:

    Yeas—21.

    Nays—None.

    Senate Bill No. 432 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 435.

    Bill read third time.

    Roll call on Senate Bill No. 435:

    Yeas—21.

    Nays—None.

    Senate Bill No. 435 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 436.

    Bill read third time.

    Roll call on Senate Bill No. 436:

    Yeas—21.

    Nays—None.

    Senate Bill No. 436 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 437.

    Bill read third time.

    Roll call on Senate Bill No. 437:

    Yeas—21.

    Nays—None.

    Senate Bill No. 437 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 438.

    Bill read third time.

    Roll call on Senate Bill No. 438:

    Yeas—21.

    Nays—None.

    Senate Bill No. 438 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 439.

    Bill read third time.

    Roll call on Senate Bill No. 439:

    Yeas—21.

    Nays—None.

    Senate Bill No. 439 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 440.

    Bill read third time.

    Roll call on Senate Bill No. 440:

    Yeas—21.

    Nays—None.

    Senate Bill No. 440 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 441.

    Bill read third time.

    Roll call on Senate Bill No. 441:

    Yeas—21.

    Nays—None.

    Senate Bill No. 441 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 446.

    Bill read third time.

    Roll call on Senate Bill No. 446:

    Yeas—21.

    Nays—None.

    Senate Bill No. 446 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 450.

    Bill read third time.

    Roll call on Senate Bill No. 450:

    Yeas—21.

    Nays—None.

    Senate Bill No. 450 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 455.

    Bill read third time.

    Roll call on Senate Bill No. 455:

    Yeas—21.

    Nays—None.

    Senate Bill No. 455 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 456.

    Bill read third time.

    Roll call on Senate Bill No. 456:

    Yeas—21.

    Nays—None.

    Senate Bill No. 456 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 457.

    Bill read third time.

    Roll call on Senate Bill No. 457:

    Yeas—21.

    Nays—None.

    Senate Bill No. 457 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 102.

    Bill read third time.

    Roll call on Assembly Bill No. 102:

    Yeas—21.

    Nays—None.

    Assembly Bill No. 102 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 133.

    Bill read third time.

    Roll call on Assembly Bill No. 133:

    Yeas—20.

    Nays—Carlton.

    Assembly Bill No. 133 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 177.

    Bill read third time.

    Roll call on Assembly Bill No. 177:

    Yeas—21.

    Nays—None.

    Assembly Bill No. 177 having received a two-thirds majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 182.

    Bill read third time.

    Roll call on Assembly Bill No. 182:

    Yeas—21.

    Nays—None.

    Assembly Bill No. 182 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 197.

    Bill read third time.

    Roll call on Assembly Bill No. 197:

    Yeas—21.

    Nays—None.

    Assembly Bill No. 197 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 198.

    Bill read third time.

    Roll call on Assembly Bill No. 198:

    Yeas—19.

    Nays—Titus.

    Not    Voting—Shaffer.

    Assembly Bill No. 198 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 219.

    Bill read third time.

    Remarks by Senators Neal and Rhoads.

    Roll call on Assembly Bill No. 219:

    Yeas—12.

    Nays—Care, Carlton, Coffin, Neal, O'Connell, O'Donnell, Porter, Titus, Wiener—9.

    Assembly Bill No. 219 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 229.

    Bill read third time.

    Senator O'Donnell moved that Assembly Bill No. 229 be taken from the General File and placed on the Secretary’s desk.

    Remarks by Senator O'Connell.

    Motion carried.

    Assembly Bill No. 246.

    Bill read third time.

    Remarks by Senators O'Donnell and Porter.

    Senator O'Donnell moved that Assembly Bill No. 246 be taken from the General File and placed on the General File on the next agenda.

    Motion carried.

    Assembly Bill No. 248.

    Bill read third time.

    Roll call on Assembly Bill No. 248:

    Yeas—21.

    Nays—None.

    Assembly Bill No. 248 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 278.

    Bill read third time.

    Remarks by Senator Washington.

    Roll call on Assembly Bill No. 278:

    Yeas—21.

    Nays—None.

    Assembly Bill No. 278 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 282.

    Bill read third time.

    Remarks by Senators Raggio and Neal.

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

    Senator Raggio:

    Thank you, Madam President. This bill was heard in the Government Affairs Committee where there was significant opposition to the bill. It was obviously supported by members of the law enforcement organization, but every head of law enforcement opposed the measure. The present law does allow the polygraph of officers, but does not require a police officer to refuse a polygraph examination. If he does refuse, no disciplinary or retaliatory action can be taken at the present time. The only time the officer is required to take a polygraph test, presently, under the law, is when someone makes a complaint against an officer that has taken a polygraph test and successfully passed that exam. This bill would change the existing law. There was no testimony in the Government Affairs Committee of any actual situation where someone had been retaliated against.

    The Sheriffs of Clark County, Washoe County, Douglas County, the head of the Department of Motor Vehicles and Public Safety and others opposed this measure since the present law is adequate and necessary, and there have been no instances of injustice. I’m going to be voting against this measure.

    Senator Neal:

    Madam President, I am on the committee, and I am one who voted for this. The polygraph is not an exact tool in terms of determining whether or not veracity exists in an individual or not. It depends mostly upon whether or not a person can be calm and answer questions with a “straight face.” Those individuals can easily defeat the polygraph exam.

    One of the cases that I noted in committee, when this bill was before us, some of you probably read about it, was the CIA agent, Mr. Ames. Ames was head of the CIA operation for approximately 25 years. For approximately 15 of those years, he operated as a double agent for the Soviet Union. The CIA constantly administered polygraph tests. Every year, he had to be quizzed about his interests, his activities for the previous 12 months, and in each one of those years, he took the polygraph test and passed it. It was not until the FBI, who were watching one of the Soviet agents, was able to detect Ames activity and find out he was a double agent while working for the CIA.

    When we look at this polygraph exam it does not give those individuals in the supervisory capacity the necessary tools to determine the veracity of an officer, but it only works to the disadvantage of those officers who have not had the experience of taking a polygraph exam and are, therefore, afraid to do so. Since the polygraph has the tendancy to work on the basis of nervousness in response to a question, then those individuals who do not know how to control their nervousness will exhibit a false reading. It was for this reason that the officers across the State of Nevada asked the Legislature to pass this measure. They have done a good job in doing that. The polygraph cannot be admitted into court as evidence of truth, and therefore, I do not think it should be used as a tool by any officer or anyone to determine the veracity of a person because it is unsound science and subject to false reading.

    Roll call on Assembly Bill No. 282:

    Yeas—17.

    Nays—Raggio, Rawson, Rhoads, Washington—4.

    Assembly Bill No. 282 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 313.

    Bill read third time.

    Roll call on Assembly Bill No. 313:

    Yeas—21.

    Nays—None.

    Assembly Bill No. 313 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 314.

    Bill read third time.

    Roll call on Assembly Bill No. 314:

    Yeas—21.

    Nays—None.

    Assembly Bill No. 314 having received a two-thirds majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 326.

    Bill read third time.

    Roll call on Assembly Bill No. 326:

    Yeas—21.

    Nays—None.

    Assembly Bill No. 326 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

MOTIONS, RESOLUTIONS AND NOTICES

    Senator Titus moved that Assembly Bill No. 349 be taken from its position on the General File and placed at the bottom of the General File.

    Remarks by Senator Titus.

    Motion carried.

    Senator Porter moved that Assembly Bill No. 77 be taken from the Secretary's desk and placed on the General File on the third agenda.

    Remarks by Senator Porter.

    Motion carried.

GENERAL FILE AND THIRD READING

    Assembly Bill No. 370.

    Bill read third time.

    Roll call on Assembly Bill No. 370:

    Yeas—21.

    Nays—None.

    Assembly Bill No. 370 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 386.

    Bill read third time.

    Roll call on Assembly Bill No. 386:

    Yeas—21.

    Nays—None.

    Assembly Bill No. 386 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 419.

    Bill read third time.

    Roll call on Assembly Bill No. 419:

    Yeas—20.

    Nays—Coffin.

    Assembly Bill No. 419 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 429.

    Bill read third time.

    Remarks by Senators Neal and Porter.

    Roll call on Assembly Bill No. 429:

    Yeas—21.

    Nays—None.

    Assembly Bill No. 429 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 442.

    Bill read third time.

    Roll call on Assembly Bill No. 442:

    Yeas—21.

    Nays—None.

    Assembly Bill No. 442 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 452.

    Bill read third time.

    Roll call on Assembly Bill No. 452:

    Yeas—20.

    Nays—None.

    Not    Voting—Raggio.

    Assembly Bill No. 452 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

MOTIONS, RESOLUTIONS AND NOTICES

    Senator Wiener moved that Assembly Bill No. 459 be taken from its position on the General File and placed at the bottom of the General File.

    Remarks by Senator Wiener.

    Motion carried.

GENERAL FILE AND THIRD READING

    Assembly Bill No. 461.

    Bill read third time.

    Roll call on Assembly Bill No. 461:

    Yeas—21.

    Nays—None.

    Assembly Bill No. 461 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 482.

    Bill read third time.

    Remarks by Senators Coffin and Rawson.

    Roll call on Assembly Bill No. 482:

    Yeas—20.

    Nays—Coffin.

    Assembly Bill No. 482 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 499.

    Bill read third time.

    Remarks by Senator Raggio.

    Senator Raggio moved that Assembly Bill No. 499 be moved to the bottom of the General File on the third agenda.

    Motion carried.

    Assembly Bill No. 540.

    Bill read third time.

    Roll call on Assembly Bill No. 540:

    Yeas—21.

    Nays—None.

    Assembly Bill No. 540 having received a two-thirds majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 558.

    Bill read third time.

    Roll call on Assembly Bill No. 558:

    Yeas—21.

    Nays—None.

    Assembly Bill No. 558 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 560.

    Bill read third time.

    Roll call on Assembly Bill No. 560:

    Yeas—21.

    Nays—None.

    Assembly Bill No. 560 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 568.

    Bill read third time.

    Roll call on Assembly Bill No. 568:

    Yeas—21.

    Nays—None.

    Assembly Bill No. 568 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 605.

    Bill read third time.

    Roll call on Assembly Bill No. 605:

    Yeas—21.

    Nays—None.

    Assembly Bill No. 605 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 619.

    Bill read third time.

    Remarks by Senators Neal and Townsend.

    Roll call on Assembly Bill No. 619:

    Yeas—21.

    Nays—None.

    Assembly Bill No. 619 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

MOTIONS, RESOLUTIONS AND NOTICES

    Senator James moved to reconsider the vote whereby Assembly Bill No. 482 was this day passed.

    Remarks by Senators James, Neal and Raggio.

    Motion failed to receive a unanimous vote.

    Senator James moved that the action whereby Assembly Bill No. 482 was this day passed be rescinded.

    Remarks by Senator James.

    Motion carried.

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

    Motion carried.

    Senate in recess at 2:54 p.m.

SENATE IN SESSION

    At 3:09 p.m.

    President Hunt presiding.

    Quorum present.

    Senator Wiener moved that Assembly Bill No. 459 be moved to the General File on the next agenda.

    Remarks by Senator Wiener.

    Motion carried.

    Senator Porter moved that Assembly Bill No. 627 be moved to the General File on the next agenda.

    Remarks by Senator Porter.

    Motion carried.

GENERAL FILE AND THIRD READING

    Assembly Bill No. 638.

    Bill read third time.

    Roll call on Assembly Bill No. 638:

    Yeas—21.

    Nays—None.

    Assembly Bill No. 638 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 349.

    Bill read third time.

    The following amendment was proposed by Senators Titus, Care, Wiener, Neal and Carlton:

    Amendment No. 1117.

    Amend sec. 14, page 3, by deleting lines 19 through 23 and inserting:

    “2.  The provisions of subsection 1 do not apply to any therm of natural gas used as a source of energy to generate electricity.”.

    Senator Titus moved the adoption of the amendment.

    Remarks by Senators Titus, Amodei, Coffin, Neal and Townsend.

    Amendment adopted.

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

UNFINISHED BUSINESS

Consideration of Assembly Amendments

    Senate Bill No. 257.

    The following Assembly amendment was read:

    Amendment No. 725.

    Amend sec. 3, pages 4 and 5, by deleting lines 1 through 48 on page 4 and lines 1 through 36 on page 5, and inserting:

    “Sec. 3.  NRS 482.3753 is hereby amended to read as follows:

    482.3753  1.  Except as otherwise provided in this section, the department, in cooperation with professional full-time salaried fire fighters in the State of Nevada, shall design, prepare and issue license plates that recognize current or former employment as a professional full-time salaried fire fighter using any colors and designs which the department deems appropriate. The department shall not design, prepare or issue the license plates unless it receives at least 250 applications for the issuance of those plates.

    2.  The department shall issue license plates that recognize current or former employment as a professional full-time salaried fire fighter for a passenger car or a light commercial vehicle upon application by a qualified person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates that recognize current or former employment as a professional full‑time salaried fire fighter if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates that recognize current or former employment as a professional full-time salaried fire fighter.

    3.  An application for the issuance or renewal of license plates that recognize current or former employment as a professional full-time salaried fire fighter is void unless it is accompanied by documentation which, in the determination of the department, provides reasonable proof of the identity of the applicant and proof of his [current] :

    (a) Current employment as a professional full-time salaried fire fighter ; or [his status]

    (b) Status as a [retired] former professional full-time salaried fire fighter[.Such documentation may include, but is not limited to:] who retired from employment after completing at least 10 years of creditable service as a fire fighter within this state with:

        (1) A fire department; or

        (2) A federal or state agency, the duties of which involve the prevention and suppression of fires, including, without limitation, the Bureau of Land Management and the division of forestry of the state department of conservation and natural resources.

    4.  Proof of an applicant’s current or former employment as a professional full-time salaried fire fighter must consist of:

    (a) An identification card [which indicates that the applicant is currently employed as a professional fire fighter or is currently a member of a fire-fighters’ union; or

    (b) Evidence of his] issued by the Professional Fire Fighters of Nevada or its successor;

    (b) An identification card issued by the Nevada Fire Chiefs Association or its successor; or

    (c) A letter certifying the applicant’s current or former employment as a professional full-time salaried fire fighter [.

    4.], which letter must be from:

        (1) The Professional Fire Fighters of Nevada or its successor;

        (2) The Nevada Fire Chiefs Association or its successor; or

        (3) The chief officer of a federal or state agency, the duties of which involve the prevention and suppression of fires, including, without limitation, the Bureau of Land Management and the division of forestry of the state department of conservation and natural resources.

    5.  The fee payable to the department for license plates that recognize current or former employment as a professional full-time salaried fire fighter is $35, in addition to all other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment to the department of $10 in addition to all other applicable registration and license fees and governmental services taxes.

    [5.]6.  In addition to all other applicable registration and license fees and governmental services taxes and the fees prescribed in subsection 5, a person who requests a set of license plates that recognize current or former employment as a professional full-time salaried fire fighter must pay for the initial issuance of the plates an additional fee of $25 and for each renewal of the plates an additional fee of $20 to support facilities for the treatment of burns which are located within this state.

    7.  The department shall deposit the fees collected pursuant to subsection 6 with the state treasurer for credit to the state general fund. The state treasurer shall, on a quarterly basis, distribute the fees deposited pursuant to this subsection in equal shares to each facility for the treatment of burns that is located within this state.

    8.  If, during a registration year, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, [he may retain the plates and:

    (a) Affix] the holder shall:

    (a) Retain the plates and affix them to another vehicle that meets the requirements of this section if the transfer and registration fees are paid as set out in this chapter; or

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

    [6.] 9.  As used in this section[, “retired professional] :

    (a) “Facility for the treatment of burns” means a facility that:

        (1) Offers specialized services for the treatment of injuries resulting from burns; and

        (2) Is part of or located within a hospital that has a center for the treatment of trauma which is designated as a level I center by the administrator of the health division of the department of human resources.

    (b) “Professional full-time salaried fire fighter” means a person [who retired from employment with a fire department within this state after completing at least 10 years of creditable service as a fire fighter within this state.] employed in this state in a full-time salaried occupation of fire fighting for the benefit or safety of the public.”.

    Amend the bill as a whole by renumbering sections 5 through 7 as sections 6 through 8 and adding a new section designated sec. 5, following sec. 4, to read as follows:

    “Sec. 5. Sections 2 and 3 of Senate Bill No. 414 of this session are hereby amended to read as follows:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

        (1) Obtain special license plates pursuant to NRS 482.3667 to 482.3825, inclusive, [and] section 1 of Senate Bill No. 257 of this [act;] session and section 1 of this act; or

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

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

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

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

    Sec. 3.  NRS 482.500 is hereby amended to read as follows:

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

        For a certificate of registration.................................................................. $5.00

        For every substitute number plate or set of plates.................................. 5.00

        For every duplicate number plate or set of plates.................................. 10.00

        For every decal displaying a county name.................................................. .50

        For every other decal, license plate sticker or tab.................................... 5.00

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

    (a) For any special plate issued pursuant to NRS 482.3667, 482.3672, 482.3675, 482.370 to 482.376, inclusive, and section 1 of Senate Bill No. 257 of this [act,] session, or 482.379 to 482.3816, inclusive, and section 1 of this act, a fee of $10.

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

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

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

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

    5.  As used in this section:

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

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

    Amend sec. 5, page 6, by deleting lines 38 through 43.

    Amend sec. 5, page 6, line 44, by deleting “3.” and inserting “2.”.

    Amend sec. 5, page 7, by deleting lines 1 through 5 and inserting:

    “3.  Shall not accept an application for the renewal of a license plate issued pursuant to NRS 482.3753 that is not accompanied by the required proof of eligibility.”.

    Amend sec. 7, page 7, by deleting line 10 and inserting:

    “Sec. 8. 1.  This section and sections 1 and 4 to 7, inclusive, of this act become”.

    Amend the title of the bill, fifth line, after “as a” by inserting “professional”.

    Amend the summary of the bill to read as follows:

    “SUMMARY—Provides for issuance of special license plates recognizing current or former service as volunteer fire fighter and revises provisions relating to special license plates indicating employment as current or former professional full-time salaried fire fighter. (BDR 43‑505)”.

    Senator O'Donnell moved that the Senate concur in the Assembly amendment to Senate Bill No. 257.

    Remarks by Senator O'Donnell.

    Motion carried by a two-thirds majority.

    Bill ordered enrolled.

    Senate Bill No. 535.

    The following Assembly amendment was read:

    Amendment No. 836.

    Amend section 1, page 1, by deleting line 16 and inserting: “requirements for the creation, receipt and exchange for consideration of credits to reduce and”.

    Amend sec. 2, page 3, by deleting lines 11 through 36 and inserting:

    “2.  If a district board of health, county board of health or board of county commissioners imposes the requirement described in subsection 1, its program established pursuant to NRS 445B.500 must:

    (a) Provide a method for determining credits which results in credits that are quantifiable, surplus and legally enforceable;

    (b) Set forth the manner in which credits will be banked and traded, and the manner in which such transactions will be tracked and accounted for by the board; and

    (c) By not later than January 1, 2002, prohibit any person or entity from purchasing or selling credits of one type of pollutant if such credits will be used subsequently to produce a different type of pollutant.”.

    Amend sec. 2, page 3, line 47, before “4.” By inserting “[2.]”.

    Amend sec. 2, page 4, by deleting lines 1 through 9 and inserting:

    “(a) “Credit” means an administratively created [right that:

    (a) Entitles] asset that may:

        (1) Entitle a person operating or responsible for the existence of a source [of air contaminant] to allow the source to emit a certain level of air contaminant [; and

    (b) May be] above a baseline that is determined by the board;

        (2) Be used to comply with the requirements of a permit; and

        (3) Be traded or sold to another person.

    (b) “Surplus” means that a credit is not earned by compliance with a requirement of the state implementation plan adopted by this state pursuant to 42 U.S.C. § 7410 or any other federal, state or local law, ordinance or regulation.”.

    Amend sec. 3, page 4, line 10, by deleting “1.”.

    Amend sec. 3, page 4, line 11, by deleting: “subsection 2 of NRS 445.508” and inserting “NRS 445B.508”.

    Amend sec. 3, page 4, by deleting lines 15 through 19.

    Senator Rhoads moved that the Senate concur in the Assembly amendment to Senate Bill No. 535.

    Remarks by Senator Rhoads.

    Motion carried by a constitutional majority.

    Bill ordered enrolled.

REPORTS OF COMMITTEES

Madam President:

    Your Committee on Finance, to which were referred Senate Bill No. 578; Assembly Bills Nos. 235, 273, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

    Also, your Committee on Finance, to which was re-referred Assembly Bill No. 447, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass, as amended.

    Also, your Committee on Finance, to which were referred Senate Bills Nos. 428, 444, 451, 452, 462, 464, 491, 494; Assembly Bills Nos. 234, 641, 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

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, May 28, 2001

To the Honorable the Senate:

    I have the honor to inform your honorable body that the Assembly on this day passed Assembly Bill No. 507.

    Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bills Nos. 187, 189, 311, 511, 517, 524, 527, 529, 532, 533, 613, 664.

                                                                               Patricia R. Williams

                                                                        Assistant Chief Clerk of the Assembly

MOTIONS, RESOLUTIONS AND NOTICES

    Senator James moved that Assembly Bill No. 220 be taken from the Secretary's desk and placed on the General File.

    Remarks by Senator James.

    Motion carried.

    Senator Raggio moved that Assembly Bill No. 380 be taken from the Secretary's desk and placed on the General File.

    Remarks by Senator Raggio.

    Motion carried.

    Senator Raggio moved that Assembly Bill No. 455 be taken from the Secretary's desk and placed on the General File.

    Remarks by Senator Raggio.

    Motion carried.

    Senator Raggio moved that Assembly Bill No. 489 be taken from the Secretary's desk and placed on the General File.

    Remarks by Senator Raggio.

    Motion carried.

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

    Remarks by Senator Raggio.

    Motion carried.

    Senator Raggio moved that Assembly Bill No. 634 be taken from the Secretary's desk and placed on the General File.

    Remarks by Senator Raggio.

    Motion carried.

    Senator James moved that Assembly Bill No. 259 be taken from the Secretary's desk and placed on the General File.

    Remarks by Senator James.

    Motion carried.

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

    Remarks by Senator Titus.

    Motion carried.

    Senator Raggio moved that the Senate recess until 5 p.m.

    Motion carried.

    Senate in recess at 3:51 p.m.

SENATE IN SESSION

    At 6:21 p.m.

    President Hunt presiding.

    Quorum present.

MOTIONS, RESOLUTIONS AND NOTICES

    Senator Wiener moved to consider Assembly Bill No. 459 on the General File after Introductions, First Reading and Reference has been completed.

    Remarks by Senator Wiener.

    Motion carried.

INTRODUCTION, FIRST READING AND REFERENCE

    Assembly Bill No. 187.

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

    Motion carried.

    Assembly Bill No. 189.

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

    Motion carried.

    Assembly Bill No. 311.

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

    Motion carried.

    Assembly Bill No. 507.

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

    Motion carried.

    Assembly Bill No. 511.

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

    Motion carried.

    Assembly Bill No. 517.

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

    Motion carried.

    Assembly Bill No. 524.

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

    Motion carried.

    Assembly Bill No. 527.

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

    Motion carried.

    Assembly Bill No. 529.

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

    Motion carried.

    Assembly Bill No. 532.

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

    Motion carried.

    Assembly Bill No. 533.

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

    Motion carried.

    Assembly Bill No. 613.

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

    Motion carried.

    Assembly Bill No. 664.

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

    Motion carried.

GENERAL FILE AND THIRD READING

    Assembly Bill No. 459.

    Bill read third time.

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

    Amendment No. 1137.

    Amend sec. 7, page 2, by deleting lines 36 through 43 and inserting:

    “Sec. 7.  Each school district shall include the text of the provisions of sections 3 to 6, inclusive, of this act under the heading “Harassment and Intimidation is Prohibited in Public Schools,” within each copy of the rules of behavior for pupils that the school district provides to pupils pursuant to NRS 392.463.”.

    Amend the title of the bill to read as follows:

    “AN ACT relating to education; prohibiting harassment and intimidation in public schools; requiring each school district to disseminate related information to pupils; and providing other matters properly relating thereto.”.

    Senator Wiener moved the adoption of the amendment.

    Remarks by Senator Wiener.

    Amendment adopted.

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

MOTIONS, RESOLUTIONS AND NOTICES

    Senator Raggio moved that Assembly Bill No. 125 be taken from the Secretary's desk and placed on the bottom of the General File.

    Remarks by Senator Raggio.

    Motion carried.

    Senator Raggio moved that Assembly Bill No. 295 be taken from the Secretary's desk and placed on the bottom of the General File.

    Remarks by Senator Raggio.

    Motion carried.

    Senator Raggio moved that Assembly Bill No. 315 be taken from the Secretary's desk and placed on the bottom of the General File.

    Remarks by Senator Raggio.

    Motion carried.

    Senator Raggio moved that Assembly Bill No. 632 be taken from the Secretary's desk and placed on the bottom of the General File.

    Remarks by Senator Raggio.

    Motion carried.

    Senator Townsend moved that Assembly Bill No. 320 be taken from the Secretary’s desk and placed on the bottom of the General File.

    Remarks by Senator Townsend.

    Motion carried.

SECOND READING AND AMENDMENT

    Senate Bill No. 428.

    Bill read second time.

    The following amendment was proposed by the Committee on Finance:

    Amendment No. 1090.

    Amend section 1, page 1, line 1, by deleting “There” and inserting “1.  There”.

    Amend section 1, page 1, by deleting line 2 and inserting: “the Department of Cultural Affairs the sum of $200,000 for expenses relating to the continued operation of the Southern Nevada office of the Nevada Humanities Committee.

    2.  Upon acceptance of the money appropriated by subsection 1, the Nevada Humanities Committee agrees to:

    (a) Prepare and transmit a report to the Interim Finance Committee on or before December 15, 2002, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Nevada Humanities Committee through December 1, 2002; and

    (b) Upon request of the Legislative Commission, make available to the Legislative Auditor any books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise and irrespective of their form or location, which the Legislative Auditor deems necessary to conduct any audit of the use of the money appropriated pursuant to subsection 1.”.

    Amend the title of the bill to read as follows:

    “AN ACT making an appropriation to the Department of Cultural Affairs for expenses relating to the continued operation of the Southern Nevada office of the Nevada Humanities Committee; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

    “SUMMARY—Makes appropriation to Department of Cultural Affairs for expenses relating to continued operation of Southern Nevada office of Nevada Humanities Committee. (BDR S‑1351)”.

    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. 444.

    Bill read second time.

    The following amendment was proposed by the Committee on Finance:

    Amendment No. 1105.

    Amend section 1, page 1, by deleting lines 2 through 4 and inserting: “the Department of Motor Vehicles and Public Safety the sum of $32,622 for security upgrades and operating expenses at various offices of the Division of Parole and Probation to be distributed as follows:

    1.  For remodeling costs and an alarm system................................... $25,182

    2.  For operating expenses for the fiscal year 2001-2002..................   $3,720

    3.  For operating expenses for the fiscal year 2002-2003.................    $3,720

    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 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.

    2.  Any remaining balance of the appropriations made by subsections 1 and 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 Motor Vehicles and Public Safety for security upgrades and operating expenses at various offices of the Division of Parole and Probation; and”.

    Amend the summary of the bill to read as follows:

    “SUMMARY—Makes appropriation to Department of Motor Vehicles and Public Safety for security upgrades and operating expenses at various offices of Division of Parole and Probation. (BDR S‑1380)”.

    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. 451.

    Bill read second time.

    The following amendment was proposed by the Committee on Finance:

    Amendment No. 1109.

    Amend section 1, page 1, line 1, by deleting “There” and inserting “1.  There”.

    Amend section 1, page 1, line 2, by deleting “$200,000.” and inserting: “$200,000 for the continuation of its nonprofit pregnancy assistance, educational and vocational training programs.

    2.  Upon acceptance of the money appropriated by subsection 1, the Lifeline Family Education Center agrees to:

    (a) Prepare and transmit a report to the Interim Finance Committee on or before December 15, 2002, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Lifeline Family Education Center through December 1, 2002; and

    (b) Upon request of the Legislative Commission, make available to the Legislative Auditor any books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise and irrespective of their form or location, that the Legislative Auditor deems necessary to conduct any audit of the use of the money appropriated pursuant to subsection 1.”.

    Amend the title of the bill to read as follows:

    “AN ACT making an appropriation to the Lifeline Family Education Center for the continuation of its nonprofit pregnancy assistance, educational and vocational training programs; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

    “SUMMARY—Makes appropriation to Lifeline Family Education Center for continuation of its nonprofit pregnancy assistance, educational and vocational training programs. (BDR S‑1401)”.

    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. 452.

    Bill read second time.

    The following amendment was proposed by the Committee on Finance:

    Amendment No. 1108.

    Amend section 1, page 1, line 1, by deleting “There” and inserting “1.  There”.

    Amend section 1, page 1, line 2, by deleting “$75,000.” and inserting: “$75,000 for expenses relating to the training of volunteers, the coordination of the “Family to Family” program and the evaluation of its success, and the operation of a toll-free telephone number for persons to call who need help caring for a family member with a serious brain disorder.

    2.  Upon acceptance of the money appropriated by subsection 1, the Alliance for the Mentally Ill of Nevada agrees to:

    (a) Prepare and transmit a report to the Interim Finance Committee on or before December 15, 2002, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Alliance for the Mentally Ill of Nevada through December 1, 2002; and

    (b) Upon request of the Legislative Commission, make available to the Legislative Auditor any of the books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise and irrespective of their form or location, that the Legislative Auditor deems necessary to conduct any audit of the use of the money appropriated pursuant to subsection 1.”.

    Amend the title of the bill, first line, by deleting “Nevada;” and inserting: “Nevada for expenses relating to the training of volunteers, the coordination of the “Family to Family” program and the evaluation of its success, and the operation of a toll-free telephone number for persons to call who need help caring for a family member with a serious brain disorder;”.

    Amend the summary of the bill to read as follows:

    “SUMMARY—Makes appropriation to Alliance for the Mentally Ill of Nevada for expenses relating to training of volunteers, coordination of “Family to Family” program and evaluation of its success, and operation of toll-free telephone number for persons to call who need help caring for family member with serious brain disorder. (BDR S‑1402)”.

    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. 462.

    Bill read second time.

    The following amendment was proposed by the Committee on Finance:

    Amendment No. 1107.

    Amend section 1, page 1, line 1, by deleting “There” and inserting “1.  There”.

    Amend section 1, page 1, between lines 3 and 4, by inserting:

    “2.  Upon acceptance of the money appropriated by subsection 1, the Nevada Silver Haired Legislative Forum of the Aging Services Division of the Department of Human Resources agrees to:

    (a) Prepare and transmit a report to the Interim Finance Committee on or before December 15, 2002, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Nevada Silver Haired Legislative Forum through December 1, 2002; and

    (b) Upon request of the Legislative Commission, make available to the Legislative Auditor any books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise and irrespective of their form or location, that the Legislative Auditor deems necessary to conduct any audit of the use of the money appropriated pursuant to subsection 1.”.

    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. 464.

    Bill read second time.

    The following amendment was proposed by the Committee on Finance:

    Amendment No. 1091.

    Amend section 1, page 1, line 2, by deleting “$1,400,000” and inserting “$467,617”.

    Amend section 1, page 1, line 3, by deleting “projects and” and inserting: “projects, for promotional materials for the Commercial Recordings Division, and for”.

    Amend the title of the bill, second line, by deleting “projects and” and inserting: “projects, for promotional materials for the Commercial Recordings Division, and for”.

    Amend the summary of the bill to read as follows:

    “SUMMARY—Makes appropriation to Office of Secretary of State for various enabling technology projects, for promotional materials for Commercial Recordings Division, and for new and replacement equipment. (BDR S‑1433)”.

    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. 491.

    Bill read second time.

    The following amendment was proposed by the Committee on Finance:

    Amendment No. 1106.

    Amend section 1, page 1, line 1, by deleting “There” and inserting “1.  There”.

    Amend section 1, page 1, line 2, by deleting “$250,000.” and inserting: “$250,000 for the revitalization of the thrift stores that are operated by the Opportunity Village Foundation.

    2.  Upon acceptance of the money appropriated by subsection 1, the Opportunity Village Foundation agrees to:

    (a) Prepare and transmit a report to the Interim Finance Committee on or before December 15, 2002, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Opportunity Village Foundation through December 1, 2002; and

    (b) Upon request of the Legislative Commission, make available to the Legislative Auditor any books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise and irrespective of their form or location, that the Legislative Auditor deems necessary to conduct any audit of the use of the money appropriated pursuant to subsection 1.”.

    Amend the title of the bill, first line, by deleting “Foundation;” and inserting: “Foundation for the revitalization of the thrift stores that are operated by the Opportunity Village Foundation;”.

    Amend the summary of the bill to read as follows:

    “SUMMARY—Makes appropriation to Opportunity Village Foundation for revitalization of thrift stores that are operated by Opportunity Village Foundation. (BDR S‑1354)”.

    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. 494.

    Bill read second time.

    The following amendment was proposed by the Committee on Finance:

    Amendment No. 1092.

    Amend sec. 2, page 1, line 19, by deleting “$5,000,000” and inserting “$4,000,000”.

    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. 234.

    Bill read second time.

    The following amendment was proposed by the Committee on Finance:

    Amendment No. 1093.

    Amend sec. 5, page 2, by deleting lines 8 and 9 and inserting: “Vehicles and Public Safety the sum of $62,000 for a shortfall caused by an increase in fingerprint expenses and by the payment of terminal leave. This”.

    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. 641.

    Bill read second time.

    The following amendment was proposed by the Committee on Finance:

    Amendment No. 1094.

    Amend sec. 3, page 7, line 34, after “year.” by inserting: “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.”.

    Senator Raggio moved the adoption of the amendment.

    Remarks by Senator Raggio.

    Amendment adopted.

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

MOTIONS, RESOLUTIONS AND NOTICES

    Senator Porter moved that Assembly Bill No. 627 be moved to the top of the General File.

    Remarks by Senator Porter.

    Motion carried.

GENERAL FILE AND THIRD READING

    Assembly Bill No. 627.

    Bill read third time.

    The following amendment was proposed by Senator Porter:

    Amendment No. 1136.

    Amend sec. 13, page 4, by deleting lines 38 and 39 and inserting:

    “Sec. 13. The public utilities commission of Nevada may adopt regulations governing”.

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

    “AN ACT relating to trade practices; authorizing the public utilities commission of Nevada to adopt regulations”.

    Senator Porter moved the adoption of the amendment.

    Remarks by Senators Porter and Carlton.

    Motion carried by a division of the house.

    Amendment adopted.

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

    Assembly Bill No. 15.

    Bill read third time.

    Roll call on Assembly Bill No. 15:

    Yeas—21.

    Nays—None.

    Assembly Bill No. 15 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 77.

    Bill read third time.

    Roll call on Assembly Bill No. 77:

    Yeas—21.

    Nays—None.

    Assembly Bill No. 77 having received a two-thirds majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 94.

    Bill read third time.

    Remarks by Senators O'Donnell and O'Connell.

    Roll call on Assembly Bill No. 94:

    Yeas—21.

    Nays—None.

    Assembly Bill No. 94 having received a two-thirds majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 131.

    Bill read third time.

    Roll call on Assembly Bill No. 131:

    Yeas—21.

    Nays—None.

    Assembly Bill No. 131 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 220.

    Bill read third time.

    Roll call on Assembly Bill No. 220:

    Yeas—18.

    Nays—Carlton, Mathews, Porter—3.

    Assembly Bill No. 220 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 225.

    Bill read third time.

    Roll call on Assembly Bill No. 225:

    Yeas—21.

    Nays—None.

    Assembly Bill No. 225 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 246.

    Bill read third time.

    Roll call on Assembly Bill No. 246:

    Yeas—21.

    Nays—None.

    Assembly Bill No. 246 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 259.

    Bill read third time.

    Roll call on Assembly Bill No. 259:

    Yeas—21.

    Nays—None.

    Assembly Bill No. 259 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 328.

    Bill read third time.

    Roll call on Assembly Bill No. 328:

    Yeas—21.

    Nays—None.

    Assembly Bill No. 328 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 349.

    Bill read third time.

    Remarks by Senators Amodei and O'Donnell.

    Roll call on Assembly Bill No. 349:

    Yeas—11.

    Nays—Amodei, Jacobsen, McGinness, O'Connell, O'Donnell, Rawson, Rhoads, Schneider, Shaffer, Washington—10.

    Assembly Bill No. 349 having failed to receive a two-thirds majority, Madam President declared it lost.

    Assembly Bill No. 380.

    Bill read third time.

    Roll call on Assembly Bill No. 380:

    Yeas—21.

    Nays—None.

    Assembly Bill No. 380 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 413.

    Bill read third time.

    Roll call on Assembly Bill No. 413:

    Yeas—21.

    Nays—None.

    Assembly Bill No. 413 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 430.

    Bill read third time.

    Roll call on Assembly Bill No. 430:

    Yeas—21.

    Nays—None.

    Assembly Bill No. 430 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 451.

    Bill read third time.

    Roll call on Assembly Bill No. 451:

    Yeas—21.

    Nays—None.

    Assembly Bill No. 451 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 455.

    Bill read third time.

    Remarks by Senators Porter and McGinness.

    Roll call on Assembly Bill No. 455:

    Yeas—20.

    Nays—Porter.

    Assembly Bill No. 455 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 483.

    Bill read third time.

    Roll call on Assembly Bill No. 483:

    Yeas—21.

    Nays—None.

    Assembly Bill No. 483 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 489.

    Bill read third time.

    Roll call on Assembly Bill No. 489:

    Yeas—19.

    Nays—Carlton, Neal—2.

    Assembly Bill No. 489 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 490.

    Bill read third time.

    Roll call on Assembly Bill No. 490:

    Yeas—21.

    Nays—None.

    Assembly Bill No. 490 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 499.

    Bill read third time.

    Roll call on Assembly Bill No. 499:

    Yeas—21.

    Nays—None.

    Assembly Bill No. 499 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 634.

    Bill read third time.

    Roll call on Assembly Bill No. 634:

    Yeas—21.

    Nays—None.

    Assembly Bill No. 634 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 482.

    Bill read third time.

    Remarks by Senators James, Rawson and Neal.

    Roll call on Assembly Bill No. 482:

    Yeas—7.

    Nays—Carlton, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O'Connell, O'Donnell, Porter, Raggio, Rhoads, Shaffer, Townsend—14.

    Assembly Bill No. 482 having failed to receive a constitutional majority, Madam President declared it lost.

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

    Motion carried.

    Senate in recess at 7:23 p.m.

SENATE IN SESSION

    At 8:01 p.m.

    President Hunt presiding.

    Quorum present.

    Assembly Bill No. 125.

    Bill read third time.

    Roll call on Assembly Bill No. 125:

    Yeas—20.

    Nays—None.

    Excused—Neal.

    Assembly Bill No. 125 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

MOTIONS, RESOLUTIONS AND NOTICES

    Senator Raggio moved that Assembly Bill No. 113 be taken from the Secretary's desk and placed on the bottom of the General File.

    Remarks by Senator Raggio.

    Motion carried.

    Senator Raggio moved that Assembly Bill No. 229 be taken from the Secretary's desk and placed on the bottom of the General File.

    Remarks by Senator Raggio.

    Motion carried.

    Senator Raggio moved that Assembly Bill No. 239 be taken from the Secretary's desk and placed on the bottom of the General File.

    Remarks by Senator Raggio.

    Motion carried.

    Senator Raggio moved that Assembly Bill No. 394 be taken from the Secretary's desk and placed on the bottom of the General File.

    Remarks by Senator Raggio.

    Motion carried.

    Senator Raggio moved that Assembly Bill No. 500 be taken from the Secretary's desk and placed on the bottom of the General File.

    Remarks by Senator Raggio.

    Motion carried.

GENERAL FILE AND THIRD READING

    Assembly Bill No. 295.

    Bill read third time.

    Roll call on Assembly Bill No. 295:

    Yeas—21.

    Nays—None.

    Assembly Bill No. 295 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 315.

    Bill read third time.

    Roll call on Assembly Bill No. 315:

    Yeas—21.

    Nays—None.

    Assembly Bill No. 315 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 632.

    Bill read third time.

    Roll call on Assembly Bill No. 632:

    Yeas—20.

    Nays—O'Donnell.

    Assembly Bill No. 632 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 320.

    Bill read third time.

    Roll call on Assembly Bill No. 320:

    Yeas—21.

    Nays—None.

    Assembly Bill No. 320 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 459.

    Bill read third time.

    Roll call on Assembly Bill No. 459:

    Yeas—21.

    Nays—None.

    Assembly Bill No. 459 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 627.

    Bill read third time.

    Roll call on Assembly Bill No. 627:

    Yeas—21.

    Nays—None.

    Assembly Bill No. 627 having received a two-thirds majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 113.

    Bill read third time.

    Roll call on Assembly Bill No. 113:

    Yeas—21.

    Nays—None.

    Assembly Bill No. 113 having received a two-thirds majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 229.

    Bill read third time.

    Roll call on Assembly Bill No. 229:

    Yeas—21.

    Nays—None.

    Assembly Bill No. 229 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 239.

    Bill read third time.

    Roll call on Assembly Bill No. 239:

    Yeas—21.

    Nays—None.

    Assembly Bill No. 239 having received a two-thirds majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 394.

    Bill read third time.

    Roll call on Assembly Bill No. 394:

    Yeas—21.

    Nays—None.

    Assembly Bill No. 394 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 500.

    Bill read third time.

    Roll call on Assembly Bill No. 500:

    Yeas—21.

    Nays—None.

    Assembly Bill No. 500 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

UNFINISHED BUSINESS

Consideration of Assembly Amendments

    Senate Bill No. 54.

    The following Assembly amendments were read:

    Amendment No. 668.

    Amend section 1, page 2, by deleting lines 13 through 15 and inserting: “registered in that county. The money may be used by the county only:

    (a) For programs that are approved by the board of county commissioners for the adoption of animals and for the spaying and neutering of animals.

    (b) To make grants to nonprofit organizations to carry out the programs described in paragraph (a).”.

    Amendment No. 745.

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

    “Sec. 4. Sections 2 and 3 of Senate Bill No. 414 of this session are hereby amended to read as follows:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

                    (1) Obtain special license plates pursuant to NRS 482.3667 to 482.3825, inclusive, and section 1 of Senate Bill No. 54 of this session and section 1 of this act; or

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

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

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

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

                Sec. 3.  NRS 482.500 is hereby amended to read as follows:

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

            For a certificate of registration.............................................................. $5.00

            For every substitute number plate or set of plates.............................. 5.00

            For every duplicate number plate or set of plates.............................. 10.00

            For every decal displaying a county name.............................................. .50

            For every other decal, license plate sticker or tab................................ 5.00

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

                (a) For any special plate issued pursuant to NRS 482.3667, 482.3672, 482.3675, 482.370 to 482.376, inclusive, or 482.379 to 482.3816, inclusive, and section 1 of Senate Bill No. 54 of this session and section 1 of this act, a fee of $10.

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

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

                3.  A fee must not be charged for a duplicate or substitute of adecal issuedpursuant to NRS 482.37635.

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

                5.  As used in this section:

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

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

    Amend sec. 5, page 4, by deleting lines 7 through 11 and inserting:

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

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

    3.  Section 4 of this act becomes effective at 12:02 a.m. on July 1, 2001.

    4.  The amendatory provisions of this act expire by limitation on July 1,”.

    Senator O'Donnell moved that the Senate concur in the Assembly amendments to Senate Bill No. 54.

    Remarks by Senator O'Donnell.

    Motion carried by a two-thirds majority.

    Bill ordered enrolled.

    Senate Bill No. 165.

    The following Assembly amendment was read.

    Amendment No. 1041.

    Amend sec. 10, pages 13 and 14, by deleting lines 42 through 48 on page 13 and lines 1 through 4 on page 14, and inserting:

    “386.605  1.  On or before [April 15] January 1 of each year, the governing body of each charter school shall submit the information concerning the charter school that is [contained in the report] required pursuant to subsection 2 of NRS 385.347 to the [:

    (a) Governor;

    (b) State board;

    (c) Department;

    (d) Legislative committee on education created pursuant to NRS 218.5352; and

    (e) Legislative bureau of educational accountability and program evaluation created pursuant to NRS 218.5356.] board of trustees of the school district in which the charter school is located, for inclusion in the report of the school district pursuant to that section. The information must be submitted by the charter school in a format prescribed by the board of trustees.”.

    Amend sec. 10, page 14, by deleting lines 6 and 7 and inserting: “charter school shall submit the information [prepared by the governing body] applicable to the charter school that is contained in the report pursuant to paragraph (t) of subsection 2 of”.

    Amend sec. 10, page 15, line 4, by deleting “and” and inserting “[and]”.

    Amend sec. 10, page 15, line 6, by deleting “218.5356.” and inserting: “218.5356 [.] ; and

    (f) Board of trustees of the school district in which the charter school is located.”.

    Amend sec. 14, page 19, line 12, after “(d)” by inserting: “Administered in each school in accordance with the plan adopted pursuant to section 2 of Assembly Bill No. 214 of this [act] session by the department and with the plan adopted pursuant to section 4 of Assembly Bill No. 214 of this [act] session by the board of trustees of the school district in which the examinations are administered. The department shall monitor the compliance of school districts and individual schools with:

        (1) The plan adopted by the department; and

        (2) The plan adopted by the board of trustees of the applicable school district, to the extent that the plan adopted by the board of trustees of the school district is consistent with the plan adopted by the department.

    (e)”.

    Amend sec. 16, page 23, line 16, by deleting “(c)” and inserting “(c)”.

    Amend the bill as a whole by renumbering sec. 20 as sec. 21 and adding a new section designated sec. 20, following sec. 19, to read as follows:

    “Sec. 20. Section 5 of Senate Bill No. 36 of this session is hereby amended to read as follows:

                Sec. 5. NRS 387.303 is hereby amended to read as follows:

                387.303  1.  Not later than November 10 of each year, the board of trustees of each school district shall submit to the superintendent of public instruction and the department of taxation a report which includes the following information:

                (a) For each fund within the school district, including, without limitation, the school district’s general fund and any special revenue fund which receives state money, the total number and salaries of licensed and nonlicensed persons whose salaries are paid from the fund and who are employed by the school district in full-time positions or in part-time positions added together to represent full-time positions. Information must be provided for the current school year based upon the school district’s final budget, including any amendments and augmentations thereto, and for the preceding school year. An employee must be categorized as filling an instructional, administrative, instructional support or other position.

                (b) The count of pupils computed pursuant to paragraph (a) of subsection 1 of NRS 387.1233.

                (c) The school district’s actual expenditures in the fiscal year immediately preceding the report.

                (d) The school district’s proposed expenditures for the current fiscal year.

                (e) The schedule of salaries for licensed employees in the current school year and a statement of whether the negotiations regarding salaries for the current school year have been completed. If the negotiations have not been completed at the time the schedule of salaries is submitted, the board of trustees shall submit a supplemental report to the superintendent of public instruction upon completion of negotiations or the determination of an arbitrator concerning the negotiations that includes the schedule of salaries agreed to or required by the arbitrator.

                (f) The number of teachers who received an increase in salary pursuant to subsection 2 of NRS 391.160 for the current and preceding fiscal years.

                (g) The number of employees eligible for health insurance within the school district for the current and preceding fiscal years and the amount paid for health insurance for each such employee during those years.

                (h) The rates for fringe benefits, excluding health insurance, paid by the school district for its licensed employees in the preceding and current fiscal years.

                (i) The amount paid for extra duties, supervision of extracurricular activities and supplemental pay and the number of employees receiving that pay in the preceding and current fiscal years.

                (j) The expenditures from the account created pursuant to subsection 3 of NRS 179.1187. The report must indicate the total amount received by the district in the preceding fiscal year, and the specific amount spent on books and computer hardware and software for each grade level in the district.

                2.  On or before November 25 of each year, the superintendent of public instruction shall submit to the department of administration and the fiscal analysis division of the legislative counsel bureau, in a format approved by the director of the department of administration, a compilation of the reports made by each school district pursuant to subsection 1.

            3.  The superintendent of public instruction shall, in the compilation required by subsection 2, reconcile the revenues and expenditures of the school districts with the apportionment received by those districts from the state distributive school account for the preceding year.”.

    Amend sec. 20, page 25, by deleting line 24 and inserting:

    “Sec. 21.  1.  This section and sections 1 to 13, inclusive, and 15 to 20, inclusive, of this act become effective on July 1, 2001.

    2.  Section 14 of this act becomes effective at 12:01 a.m. on July 1, 2001.”.

    Senator Rawson moved that the Senate concur in the Assembly amendment to Senate Bill No. 165.

    Remarks by Senator Rawson.

    Motion carried by a constitutional majority.

    Bill ordered enrolled.

    Senate Bill No. 243.

    The following Assembly amendment was read:

    Amendment No. 971.

    Amend section 1, page 2, by deleting lines 30 through 43 and inserting: “leave of absence to accept employment with the charter school. After the first school year in which an employee is on a leave of absence, he may return to his former teaching position with the board of trustees. After the third school year, an employee who is on a leave of absence may submit a written request to the board of trustees to return to a comparable teaching position with the board of trustees. After the sixth school year, an employee shall either submit a written request to return to a comparable teaching position or resign from the position for which his leave was granted. The board of trustees shall grant a written request to return to a comparable position pursuant to this subsection even if the return of the employee requires the board of trustees to reduce the existing work force of the school district. The board of trustees may require that a request to return to”.

    Senator Rawson moved that the Senate concur in the Assembly amendment to Senate Bill No. 243.

    Remarks by Senator Rawson.

    Motion carried by a constitutional majority.

    Bill ordered enrolled.

    Senate Bill No. 260.

    The following Assembly amendments were read:

    Amendment No. 924.

    Amend sec. 4, page 4, by deleting lines 25 through 30 and inserting: “shall:

    (a) Givethe holder the opportunity to indicate on his identification card that he wishes to be a donor of all or part of his body pursuant to NRS 451.500 to 451.590, inclusive, or that he refuses to make an anatomical gift of his body or part of his body;

    (b) Give the holder the opportunity to indicate whether he wishes to donate $1 or more to the anatomical gift account created by section 7 of Assembly Bill No. 497 of this [act;]session; and

    (c) Provide to each holder who is interested in becoming a donor information relating to anatomical gifts, including the procedure for registration as a donor with The Living Bank International or its successor organization.

    [5.] 6.  If the holder wishes to make a donation to the anatomical gift account, the department shall collect the donation and deposit the money collected in the state treasury for credit to the anatomical gift account.

    [6.] 7.  The department shall submit to The Living Bank International, or its successor organization, information from the records of the department relating to persons who have identification cards issued by the department that indicate the intention of those persons to make an anatomical gift. The department shall adopt regulations to carry out the provisions of this subsection.

    [7.] 8.  As used in this section, “photograph” has the meaning ascribed to it in NRS 483.125.”.

    Amend sec. 8, page 5, by deleting line 32 and inserting:

    “Sec. 8. 1.  This section and sections 1, 2, 3, 5, 6 and 7 of this act become effective on July 1, 2001.

    2.  Section 4 of this act becomes effective at 12:01 a.m. on July 1, 2001.”.

    Amendment No. 925.

    Amend section 1, page 2, line 6, after “;” by inserting “and”.

    Amend section 1, page 2, by deleting lines 7 and 8.

    Amend section 1, page 2, line 9, by deleting “(4)” and inserting “(3)”.

    Amend section 1, page 2, line 21, by deleting “[and]” and inserting “and”.

    Amend section 1, page 2, lines 22 through 24, by deleting: “He has held an instruction permit for not less than 6 months before he applies for the license; and

        (5)”.

    Amend the bill as a whole by deleting sec. 7 and inserting:

    “Sec. 7.  (Deleted by amendment.)”.

    Amendment No. 606.

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

    “Section 1. NRS 483.250 is hereby amended to read as follows:

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

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

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

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

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

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

        (1) He has completed a course [:

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

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

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

        (3) He has held an instruction permit for not less than 6 months before he applies for the license; and

        (4) His parent or legal guardian [of a person who desires to obtain a license pursuant to this paragraph must sign and submit] has signed and submitted to the department a form provided by the department which attests that the person who [desires a] wishes to obtain the license has completed the training and experience required by this paragraph.

    (e) A license to a person who is between the ages of 16 and 18 years if:

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

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

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

        (4) He has held an instruction permit for not less than 6 months before he applies for the license; and

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

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

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

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

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

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

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

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

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

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

    “Sec. 5. NRS 389.090 is hereby amended to read as follows:

    389.090  1.  The state board shall adopt regulations governing the establishment, conduct and scope of automobile driver education in the public schools of this state.

    2.  The aims and purposes of automobile driver education are to develop the knowledge, attitudes, habits and skills necessary for the safe operation of motor vehicles.

    3.  The board of trustees of a school district may establish and maintain automobile driver education classes during regular semesters and summer sessions and during the regular school day and at times other than during the regular school day for:

    (a) Pupils enrolled in the regular full-time day high schools in the school district.

    (b) Pupils enrolled in summer classes conducted in high schools in the school district.

A board of trustees maintaining courses in automobile driver education shall insure against any liability arising out of the use of motor vehicles in connection with those courses. The cost of the insurance must be paid from available school district funds.

    4.  A governing body of a charter school may establish and maintain automobile driver education classes if the governing body insures against any liability arising out of the use of motor vehicles in connection with those courses.

    5.  Automobile driver education must be provided by boards of trustees of school districts and governing bodies of charter schools in accordance with the regulations of the state board and may not be duplicated by any other agency, department, commission or officer of the State of Nevada.

    6.  Each course in automobile driver education provided by a board of trustees of a school district or a governing body of a charter school must include, without limitation, instruction in:

    (a) Motor vehicle insurance.

    (b) The effect of drugs and alcohol on an operator of a motor vehicle.

    7.  Each course in automobile driver education provided by a board of trustees of a school district or a governing body of a charter school must be restricted to pupils who are [sophomores, juniors or seniors in high school.] at least 15 years of age.”.

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

    “Sec. 7. The amendatory provisions of section 1 of this act do not apply to a person who was issued an instruction permit before July 1, 2001.”.

    Amend the title of the bill, fourth line, after “epileptic;” by inserting:

“providing that courses in automobile driver education in public schools must be limited to pupils who have attained a certain age;”.

    Amend the summary of the bill to read as follows:

    “SUMMARY—Revises provisions relating to drivers’ licenses and identification cards. (BDR 43‑1170)”.

    Senator O'Donnell moved that the Senate concur in the Assembly amendment to Senate Bill No. 260.

    Remarks by Senator O'Donnell.

    Motion carried by a constitutional majority.

    Bill ordered enrolled.

    Senate Bill No. 352.

    The following Assembly amendments were read:

    Amendment No. 962.

    Amend section 1, page 1, by deleting line 9 and inserting:

    “(a) Private homes [;] , unless the food prepared or manufactured in the home is sold, or offered or displayed for sale or for compensation or contractual consideration of any kind;”.

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

    “Sec. 2.  NRS 446.030 is hereby amended to read as follows:

    446.030  1.  “Food handler” means any person employed in or operating a food establishment, whether that person is an employer, employee or [independent individual] other natural person, who handles, stores, transports, prepares, manufactures, serves or sells food, or who comes in contact with eating or cooking utensils or other equipment used in the handling, preparation, manufacture, service [,] or sale of food.

    2.  The term does not include a person who only handles, stores, transports, sells or otherwise comes in contact with food that is permanently sealed or packaged for sale directly to the consumer and who, if the food is potentially hazardous food, handles the food only occasionally or incidentally outside the normal and usual course and scope of his responsibilities or employment.

    3.  As used in this section, “potentially hazardous food” has the meaning ascribed to it in subpart 1-201 of the 1999 edition of the Food Code published by the Food and Drug Administration of the United States Department of Health and Human Services, unless the administrator of the health division of the department of human resources has adopted a later edition of the Food Code for this purpose.

    Sec. 3. NRS 446.870 is hereby amended to read as follows:

    446.870  1.  Except as otherwise provided in [subsection 2,] this section, it is unlawful for any person to operate a food establishment unless he possesses a valid permit issued to him by the health authority.

    2.  The health authority may exempt a food establishment from the provisions of this chapter if the health authority determines that the food which is sold, offered or displayed for sale, or served at the establishment does not constitute a potential or actual hazard to the public health.

    3.  Food that is prepared in a private home and given away free of charge or consideration of any kind is exempt from the provisions of this chapter, unless it is given to a food establishment.

    4.  Except as otherwise provided in subsection 5, food that is prepared in a private home must not be sold, or offered or displayed for sale or for compensation or contractual consideration of any kind, unless the person preparing the food possesses a valid permit issued to him by the health authority for that purpose.

    5.  A religious, charitable or other nonprofit organization may, without possessing a permit from the health authority, sell food occasionally to raise money, whether or not the food was prepared in a private home, if the sale occurs on the premises of the organization. If the sale is to occur off the premises of the organization, a permit from the health authority is required unless an exemption is granted pursuant to subsection 2.”.

    Amend the title of the bill to read as follows:

    “AN ACT relating to food establishments; excluding certain persons under certain circumstances from regulation as food handlers; clarifying that food prepared in a private home and given away at no charge is not subject to regulation as a food establishment under certain circumstances; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

    “SUMMARY—Revises provisions regarding regulation of food establishments. (BDR 40‑1489)”.

    Amendment No. 1035.

    Amend section 1, page 2, by deleting lines 4 through 14 and inserting: “frozen desserts which are regulated under chapter 584 of NRS;

    (g) The premises of a wholesale dealer of alcoholic beverages licensed under chapter 369 of NRS who handles only [those] alcoholic beverages which are in sealed containers.”.

    Senator Rawson moved that the Senate concur in the Assembly amendments to Senate Bill No. 352.

    Remarks by Senator Rawson.

    Motion carried by a constitutional majority.

    Bill ordered enrolled.

    Senate Bill No. 396.

    The following Assembly amendment was read:

    Amendment No. 724.

    Amend sec. 2, page 1, by deleting lines 6 through 11 and inserting: “vehicle, behind which five or more vehicles are formed in a line, shall, to allow the vehicles following behind to proceed, turn off the roadway:

    (a) At the nearest place designated as a turnout by signs erected by the public authority having jurisdiction over the highway; or

    (b) In the absence of such a designated turnout, at the nearest place where:

        (1) Sufficient area for a safe turnout exists; and

        (2) The circumstances and conditions are such that the driver is able to turn off the roadway in a safe manner.”.

    Amend sec. 6, page 3, by deleting lines 9 and 10 and inserting “subsection 1.”.

    Senator O'Donnell moved that the Senate concur in the Assembly amendment to Senate Bill No. 396.

    Remarks by Senator O'Donnell.

    Motion carried by a constitutional majority.

    Bill ordered enrolled.

    Senate Bill No. 127.

    The following Assembly amendment was read:

    Amendment No. 973.

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

    Amend the title of the bill to read as follows:

    “AN ACT relating to education; authorizing the Elko County School District to continue its demonstration project in lieu of complying with the class-size reduction program; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

    “SUMMARY—Authorizes Elko County School District to continue demonstration project in lieu of complying with class-size reduction program. (BDR S‑172)”.

    Senator Rawson moved that the Senate do not concur in the Assembly amendment to Senate Bill No. 127.

    Remarks by Senator Rawson.

    Motion carried.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 303.

    The following Assembly amendment was read:

    Amendment No. 726.

    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. NRS 482.215 is hereby amended to read as follows:

    482.215  1.  All applications for registration, except applications for renewal of registration, must be made as provided in this section.

    2.  Applications for all registrations, except renewals of registration, must be made in person, if practicable, to any office or agent of the department or to a registered dealer.

    3.  Each application must be made upon the appropriate form furnished by the department and contain:

    (a) The signature of the owner.

    (b) His residential address.

    (c) His declaration of the county where he intends the vehicle to be based, unless the vehicle is deemed to have no base. The department shall use this declaration to determine the county to which the governmental services tax is to be paid.

    (d) A brief description of the vehicle to be registered, including the name of the maker, the engine, identification or serial number, whether new or used, and the last license number, if known, and the state in which it was issued, and upon the registration of a new vehicle, the date of sale by the manufacturer or franchised and licensed dealer in this state for the make to be registered to the person first purchasing or operating the vehicle.

    (e) Proof satisfactory to the department or registered dealer that the applicant has provided the insurance required by NRS 485.185 and his signed declaration that he will maintain the insurance during the period of registration.

    (f) If the insurance is provided by a contract of insurance, evidence of that insurance provided by the insurer in the form of:

        (1) A certificate of insurance on a form approved by the commissioner of insurance; or

        (2) A card issued pursuant to NRS 690B.023 which identifies the vehicle and indicates, at the time of application for registration, coverage which meets the requirements of NRS 485.185.

The department may file that evidence, return it to the applicant or otherwise dispose of it.

    (g) If required, evidence of the applicant’s compliance with controls over emission.

    4.  The application must contain such other information as is required by the department or registered dealer, and must be accompanied by proof of ownership satisfactory to the department.

    5.  For purposes of the proof, declaration and evidence required by paragraphs (e) and (f) of subsection 3:

    (a) Vehicles which are subject to the fee for a license and the requirements of registration of the Interstate Highway User Fee Apportionment Act, and which are based in this state, may be declared as a fleet by the registered owner thereof, on his original application for or application for renewal of a proportional registration. The owner may file a single certificate of insurance covering that fleet.

    (b) Other fleets composed of 10 or more vehicles based in this state or vehicles insured under a blanket policy which does not identify individual vehicles may each be declared annually as a fleet by the registered owner thereof for the purposes of an application for his original or any renewed registration. The owner may file a single certificate of insurance covering that fleet.

    (c) A person who qualifies as a self-insurer pursuant to the provisions of NRS 485.380 may file a copy of his certificate of self-insurance.

    [(d) A person who qualifies for an operator’s policy of liability insurance pursuant to the provisions of NRS 485.186 and 485.3091 may file evidence of that insurance.]”.

    Amend section 1, page 2, by deleting lines 8 and 9 and inserting: “Except as otherwise provided in subsection [8] 9 of NRS 485.317, to reinstate the registration of a motor vehicle suspended pursuant to that section:”.

    Amend section 1, page 2, line 19, by deleting “Money” and inserting “The money”.

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

    “Sec. 3.  NRS 485.055 is hereby amended to read as follows:

    485.055  1.  “Motor vehicle liability policy” means an owner’s policy of liability insurance [or an operator’s policy of liability insurance] issued by an insurer authorized to transact business in this state, to or for the benefit of the person named therein as insured.

    2.  With respect to a policy which grants excess or additional coverage over that required by NRS 485.3091, the term “motor vehicle liability policy” applies only to that part of the coverage which is required by NRS 485.3091.”.

    Amend the bill as a whole by deleting sec. 3, renumbering sections 4 through 6 as sections 8 through 10 and adding new sections designated sections 5 through 7, following sec. 2, to read as follows:

    “Sec. 5.  NRS 485.187 is hereby amended to read as follows:

    485.187  1.  Except as otherwise provided in subsection 5, the owner of a motor vehicle shall not:

    (a) Operate the motor vehicle, if it is registered or required to be registered in this state, without having insurance as required by NRS 485.185.

    (b) Operate or knowingly permit the operation of the motor vehicle without having evidence of insurance of the operator or the vehicle in the vehicle.

    (c) Fail or refuse to surrender, upon demand, to a peace officer or to an authorized representative of the department the evidence of insurance.

    [(d) Knowingly permit the operation of the motor vehicle in violation of subsection 3 of NRS 485.186.]

    2.  A person shall not operate the motor vehicle of another person unless:

    (a) He first ensures that the required evidence of insurance is present in the motor vehicle; or

    (b) He has his own evidence of insurance which covers him as the operator of the motor vehicle.

    3.  Except as otherwise provided in subsection 4, any person who violates subsection 1 or 2 is guilty of a misdemeanor. Except as otherwise provided in this subsection, in addition to any other penalty, a person sentenced pursuant to this subsection shall be punished by a fine of not less than $600 nor more than $1,000 for each violation. The fine must be reduced to $100 for the first violation if the person obtains a motor vehicle liability policy by the time of sentencing, unless:

    (a) The person has registered the vehicle as part of a fleet of vehicles pursuant to subsection 5 of NRS 482.215; or

    (b) The person has been issued a certificate of self-insurance pursuant to NRS 485.380.

    4.  A court:

    (a) Shall not find a person guilty or fine a person for a violation of paragraph (a), (b) or (c) of subsection 1 or for a violation of subsection 2 if he presents evidence to the court that the insurance required by NRS 485.185 was in effect at the time demand was made for it.

    (b) Except as otherwise provided in paragraph (a), may impose a fine of not more than $1,000 for a violation of paragraph (a), (b) or (c) of subsection 1, and suspend the balance of the fine on the condition that the person presents proof to the court each month for 12 months that the insurance required by NRS 485.185 is currently in effect.

    5.  The provisions of paragraphs (b) and (c) of subsection 1 do not apply if the motor vehicle in question displays a valid permit issued by the department pursuant to subsection 1 or 2 of NRS 482.3955, or NRS 482.396, 482.3965, 482.423 or 482.424 authorizing the movement or operation of that vehicle within the state for a limited time.

    Sec. 6.  NRS 485.308 is hereby amended to read as follows:

    485.308  1.  Proof of financial responsibility may be furnished by filing with the motor vehicles branch of the department the written certificate of any insurance carrier authorized to do business in this state certifying that there is in effect a motor vehicle liability policy for the benefit of the person required to furnish proof of financial responsibility. The certificate must specify [its] the effective date of the policy and [:

    (a) If the policy is an owner’s policy of liability insurance,] designate by appropriate reference all motor vehicles covered by [it; or

    (b) If] the policy . [is an operator’s policy of liability insurance, designate the person covered.]

    2.  The department may authorize the filing of the certificates described in subsection 1 by electronic transmission or any other means deemed appropriate by the department.

    3.  An insurance carrier that certifies the existence of a motor vehicle liability policy pursuant to subsection 1, must notify the motor vehicles branch of the department at least 10 days before the cancellation or termination of the policy.

    Sec. 7.  NRS 485.3091 is hereby amended to read as follows:

    485.3091  1.  An owner’s policy of liability insurance must:

    (a) Designate by explicit description or by appropriate reference all motor vehicles with respect to which coverage is thereby to be granted; and

    (b) Insure the person named therein and any other person, as insured, using any such motor vehicle with the express or implied permission of the named insured, against loss from the liability imposed by law for damages arising out of the ownership, maintenance or use of such motor vehicle within the United States of America or the Dominion of Canada, subject to limits exclusive of interest and costs, with respect to each such motor vehicle, as follows:

        (1) Because of bodily injury to or death of one person in any one accident, $15,000;

        (2) Subject to the limit for one person, because of bodily injury to or death of two or more persons in any one accident, $30,000; and

        (3) Because of injury to or destruction of property of others in any one accident, $10,000.

    2.  [An operator’s policy of liability insurance must insure the person named as insured therein against loss from the liability imposed upon him by law for damages arising out of the use by him of any motor vehicle within the same territorial limits and subject to the same limits of liability as are set forth in paragraph (b) of subsection 1.

    3.] A motor vehicle liability policy must state the name and address of the named insured, the coverage afforded by the policy, the premium charged therefor, the period of effectiveness and the limits of liability, and must contain an agreement or be endorsed that insurance is provided thereunder in accordance with the coverage defined in this chapter as respects bodily injury and death or property damage, or both, and is subject to all the provisions of this chapter.

    [4.] 3.  A motor vehicle liability policy need not insure any liability under any workmen’s compensation law nor any liability on account of bodily injury to or death of an employee of the insured while engaged in the employment, other than domestic, of the insured, or while engaged in the operation, maintenance or repair of any motor vehicle owned by the insured nor any liability for damage to property owned by, rented to, in charge of or transported by the insured.

    [5.] 4.  Every motor vehicle liability policy is subject to the following provisions which need not be contained therein:

    (a) The liability of the insurance carrier with respect to the insurance required by this chapter becomes absolute whenever injury or damage covered by the policy occurs. The policy may not be canceled or annulled as to such liability by any agreement between the insurance carrier and the insured after the occurrence of the injury or damage. No statement made by the insured or on his behalf and no violation of the policy defeats or voids the policy.

    (b) The satisfaction by the insured of a judgment for injury or damage is not a condition precedent to the right or duty of the insurance carrier to make payment on account of the injury or damage.

    (c) The insurance carrier may settle any claim covered by the policy, and if such a settlement is made in good faith, the amount thereof is deductible from the limits of liability specified in paragraph (b) of subsection 1.

    (d) The policy, the written application therefor, if any, and any rider or endorsement which does not conflict with the provisions of this chapter constitute the entire contract between the parties.

    [6.] 5.  Any policy which grants the coverage required for a motor vehicle liability policy may also grant any lawful coverage in excess of or in addition to the coverage specified for a motor vehicle liability policy, and the excess or additional coverage is not subject to the provisions of this chapter.

    [7.] 6.  Any motor vehicle liability policy may provide for the prorating of the insurance thereunder with other valid and collectible insurance.

    [8.] 7.  The requirements for a motor vehicle liability policy may be fulfilled by the policies of one or more insurance carriers, which policies together meet those requirements.

    [9.] 8.  Any binder issued pending the issuance of a motor vehicle liability policy shall be deemed to fulfill the requirements for such a policy.”.

    Amend sec. 6, page 5, by deleting lines 6 and 7 and inserting:

    “2.  [The] Except as otherwise provided in this subsection, the department may use any information to verify, pursuant”.

    Amend sec. 6, page 5, line 9, after “485.185.” by inserting: “The department may not use the name of the owner of a motor vehicle as the primary means of verifying that a motor vehicle is covered by a policy of liability insurance.”.

    Amend sec. 6, page 5, lines 16 and 17 by deleting “or operator’s” and inserting “[or operator’s]”.

    Amend sec. 6, page 6, line 21, by deleting: “subsection [7,] 8,” and inserting: “[subsection 7,] subsections 8 and 9,”.

    Amend sec. 6, page 6, line 37, after “9.” by inserting: “If the department suspends the registration of a motor vehicle pursuant to subsection 4 because the registered owner of the motor vehicle failed to have insurance on the date specified in the form for verification, and if the registered owner, in accordance with regulations adopted by the department, proves to the satisfaction of the department that he was unable to comply with the provisions of NRS 485.185 on that date because of extenuating circumstances, the department may:

    (a) Reinstate the registration of the motor vehicle and reissue the license plates upon payment by the registered owner of a fee of $50, which must be deposited in the account for verification of insurance created by subsection 6 of NRS 482.480; or

    (b) Rescind the suspension of the registration without the payment of a fee.

The department shall adopt regulations to carry out the provisions of this subsection.

    10.”.

    Amend the bill as a whole by renumbering sec. 7 as sec. 13 and adding new sections designated sections 11 and 12, following sec. 6, to read as follows:

    “Sec. 11.  NRS 690B.020 is hereby amended to read as follows:

    690B.020  1.  Except as otherwise provided in this section , [and NRS 690B.035,] no policy insuring against liability arising out of the ownership, maintenance or use of any motor vehicle may be delivered or issued for delivery in this state unless coverage is provided therein or supplemental thereto for the protection of persons insured thereunder who are legally entitled to recover damages, from owners or operators of uninsured or hit-and-run motor vehicles, for bodily injury, sickness or disease, including death, resulting from the ownership, maintenance or use of the uninsured or hit-and-run motor vehicle. No such coverage is required in or supplemental to a policy issued to the State of Nevada or any political subdivision thereof, or where rejected in writing, on a form furnished by the insurer describing the coverage being rejected, by an insured named therein, or upon any renewal of such a policy unless the coverage is then requested in writing by the named insured. The coverage required in this section may be referred to as “uninsured vehicle coverage.”

    2.  The amount of coverage to be provided must be not less than the minimum limits for liability insurance for bodily injury provided for under chapter 485 of NRS, but may be in an amount not to exceed the coverage for bodily injury purchased by the policyholder.

    3.  For the purposes of this section , the term “uninsured motor vehicle” means a motor vehicle:

    (a) With respect to which there is not available at the department of motor vehicles and public safety evidence of financial responsibility as required by chapter 485 of NRS;

    (b) With respect to the ownership, maintenance or use of which there is no liability insurance for bodily injury or bond applicable at the time of the accident [,] or, to the extent of such deficiency, any liability insurance for bodily injury or bond in force is less than the amount required by NRS 485.210;

    (c) With respect to the ownership, maintenance or use of which the company writing any applicable liability insurance for bodily injury or bond denies coverage or is insolvent;

    (d) Used without the permission of its owner if there is no liability insurance for bodily injury or bond applicable to the operator;

    (e) Used with the permission of its owner who has insurance which does not provide coverage for the operation of the motor vehicle by any person other than the owner if there is no liability insurance for bodily injury or bond applicable to the operator; or

    (f) The owner or operator of which is unknown or after reasonable diligence cannot be found if:

        (1) The bodily injury or death has resulted from physical contact of the automobile with the named insured or the person claiming under him or with an automobile which the named insured or such a person is occupying; and

        (2) The named insured or someone on his behalf has reported the accident within the time required by NRS 484.223, 484.225 or 484.227 to the police department of the city where it occurred, or if it occurred in an unincorporated area, to the sheriff of the county or to the Nevada highway patrol.

    4.  For the purposes of this section , the term “uninsured motor vehicle” also includes, subject to the terms and conditions of coverage, an insured other motor vehicle where:

    (a) The liability insurer of the other motor vehicle is unable because of its insolvency to make payment with respect to the legal liability of its insured within the limits specified in its policy;

    (b) The occurrence out of which legal liability arose took place while the uninsured vehicle coverage required under paragraph (a) was in effect; and

    (c) The insolvency of the liability insurer of the other motor vehicle existed at the time of, or within 2 years after, the occurrence.

Nothing contained in this subsection prevents any insurer from providing protection from insolvency to its insureds under more favorable terms.

    5.  If payment is made to any person under uninsured vehicle coverage, and subject to the terms of the coverage [,] to the extent of such payment , the insurer is entitled to the proceeds of any settlement or recovery from any person legally responsible for the bodily injury as to which payment was made, and to amounts recoverable from the assets of the insolvent insurer of the other motor vehicle.

    6.  A vehicle involved in a collision which results in bodily injury or death shall be presumed to be an uninsured motor vehicle if no evidence of financial responsibility is supplied to the department of motor vehicles and public safety in the manner required by chapter 485 of NRS within 60 days after the collision occurs.

    Sec. 12.  NRS 485.186 and 690B.035 are hereby repealed.”.

    Amend sec. 7, page 6, by deleting line 42 and inserting:

    “Sec. 13.  1.  This section and sections 4 and 9 of this act become effective on July 1, 2001.

    2.  Sections 1, 2, 3, 5 to 8, inclusive, 10, 11 and 12 of this act become effective on January 1, 2002.”.

    Amend the bill as a whole by adding the text of the repealed sections, following sec. 7, to read as follows:

TEXT OF REPEALED SECTIONS

    485.186  Natural person may obtain operator’s policy of liability insurance; exceptions.

    1.  Except as otherwise provided in subsection 6, any natural person may satisfy the requirements of NRS 485.185 by obtaining, in lieu of an owner’s policy of liability insurance, an operator’s policy of liability insurance which meets the requirements of this section and NRS 485.3091.

    2.  An operator’s policy of liability insurance must state, in addition to the requirements of NRS 485.3091, that:

    (a) The insurer is only liable under the policy for liability incurred by the insured while the named insured is the operator of a motor vehicle or while a motor vehicle owned by the insured is not being operated by any person;

    (b) The policy does not provide coverage for any vicarious liability imposed on the owner of the motor vehicle as a result of the operation by another person of a motor vehicle owned by the insured or for any liability imposed by NRS 41.440 or 483.300; and

    (c) The coverage provided by the policy may not meet the requirements of the financial responsibility laws of other states,

unless such extended coverage is expressly included in the policy. No operator’s policy of liability insurance may be delivered or issued for delivery in this state unless the insured has signed an endorsement stating that he has read and understood the policy and its limitations.

    3.  An owner of a motor vehicle which is registered or required to be registered in this state and who holds an operator’s policy of liability insurance shall not permit another person to operate his motor vehicle if the owner knows or should have known that the person does not have liability insurance to cover his own operation of that motor vehicle.

    4.  An operator’s policy of liability insurance must not provide coverage for damages incurred while a person other than the named insured is operating a motor vehicle.

    5.  An operator’s policy of liability insurance must provide coverage for liability incurred by the insured while a motor vehicle owned by the insured is not being operated by any person.

    6.  This section does not apply to a lessor, dealer, manufacturer, rebuilder or distributor of a motor vehicle, an owner of a fleet, a common, contract or private motor carrier or any other employer who owns a motor vehicle for use in his business.

    690B.035  Policy covering damage to one or more of operator’s vehicles.  An insurer may issue to a holder of an operator’s policy of liability insurance a policy covering damage to one or more of the operator’s vehicles. The policy is not required to provide liability insurance or uninsured vehicle coverage.”.

    Amend the title of the bill to read as follows:

    “AN ACT relating to insurance for motor vehicles; specifying that any information except the name of the owner of a motor vehicle may be used to verify that a motor vehicle is insured; repealing the provisions permitting the issuance of an operator’s policy of liability insurance; allowing the release of information related to insurance policies under certain circumstances; and providing other matters properly relating thereto.”.

    Senator O'Donnell moved that the Senate do not concur in the Assembly amendment to Senate Bill No. 303.

    Conflict of interest declared by Senator Porter.

    Remarks by Senator O'Donnell.

    Motion carried.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 377.

    The following Assembly amendment was read:

    Amendment No. 970.

    Amend section 1, page 1, by deleting line 15 and inserting: “fiscal year; or”.

    Amend section 1, page 2, line 14, after “3.” by inserting: “The money transferred to the division of health care financing and policy pursuant to subsection 1 must not come from any source of funding that could result in any reduction in revenue to the state pursuant to 42 U.S.C. § 1396b(w).

    4.”.

    Amend section 1, page 2, line 19, by deleting “4.” and inserting “[4.] 5.”.

    Amend sec. 3, page 3, by deleting lines 16 through 19 and inserting:

    “(c) For a payment to each private hospital:

        (1) Which provides acute care and is located in a county that has a public hospital; and

        (2) Whose Medicaid utilization percentage is greater than 20 percent,

in an amount of not less than $150 for each Medicaid”.

    Amend sec. 3, page 3, line 36, after “(a)” by inserting: ““Medicaid day” means a day in which medical care is provided to a Medicaid patient, including a patient who receives his Medicaid benefits through a health maintenance organization.

    (b)”.

    Amend sec. 3, page 3, by deleting lines 40 through 45.

    Amend sec. 4, page 4, line 5, after “(2)” by inserting: “Any private hospital in a county whose population is 50,000 or more but less than 100,000 that is qualified to receive a payment pursuant to paragraph (b) of subsection 2 of NRS 422.387, $4,000,000 or the amount of the uncompensated costs of the hospital as defined in the state plan for Medicaid, whichever is less, for the fiscal year 2001-2002 and for the fiscal year 2002-2003.

        (3)”.

    Amend sec. 4, page 4, line 6, by deleting “100,000” and inserting “50,000”.

    Amend sec. 4, page 4, line 11, by deleting “(3)” and inserting “(4)”.

    Amend sec. 4, page 4, line 24, by deleting “$1,500,000” and inserting “$3,000,000”.

    Amend sec. 4, page 4, line 28, by deleting “$750,000” and inserting “$1,500,000”.

    Amend sec. 4, page 4, between lines 30 and 31, by inserting:

        “(4) If the payment was received pursuant to subparagraph (4) of that paragraph, $750,000 or 75 percent of the amount received by the hospital, whichever is less, for the fiscal year 2001-2002 and for the fiscal year 2002‑2003.”.

    Amend the bill as a whole by renumbering sections 5 through 7 as sections 6 through 8 and adding a new section designated sec. 5, following sec. 4, to read as follows:

    “Sec. 5. 1.  The board of county commissioners of a county within which is located only one private hospital or one group of affiliated hospitals and which makes a transfer of money pursuant to paragraph (b) of subsection 1 of NRS 422.382 may obtain the money for that transfer by imposing  a tax on the revenue of those hospitals during the fiscal years 2001-2002 and 2002‑2003 at a rate that does not exceed 6 percent of that revenue.

    2.  The proceeds of the tax imposed pursuant to this section are exempt from the limitations imposed by NRS 354.59811 and must be excluded in determining the allowed revenue from taxes ad valorem for the county.”.

    Amend sec. 5, page 4, line 39, by deleting: “department of human resources” and inserting: “legislative committee on health care”.

    Amend sec. 5, page 5, line 30, by deleting: “department of human resources” and inserting: “legislative committee on health care”.

    Amend sec. 5, page 5, lines 33 and 34, by deleting “department” and inserting “committee”.

    Amend sec. 5, page 5, by deleting lines 36 through 39.

    Amend the title of the bill by deleting the fourth line and inserting: “for the treatment of those patients; authorizing the imposition in certain counties of a temporary tax on the revenue of hospitals; requiring the legislative committee on health care”.

    Senator Rawson moved that the Senate do not concur in the Assembly amendment to Senate Bill No. 377.

    Remarks by Senators Rawson and Neal

    Conflict of interest declared by Senator Titus.

    Motion carried.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 482.

    The following Assembly amendments were read:

    Amendment No. 783.

    Amend sec. 8, page 2, by deleting lines 5 and 6.

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

    Amend sec. 8, page 2, line 13, by deleting “3.” and inserting “2.”.

    Amend sec. 8, page 2, line 15, by deleting “4.” and inserting “3.”.

    Amendment No. 740.

    Amend the bill as a whole by deleting sections 16 through 18 and renumbering sections 19 and 20 as sections 16 and 17.

    Amend the title of the bill by deleting the third and fourth lines and inserting: “requirements; providing a penalty; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

    “SUMMARY—Establishes prohibited and required conduct of person who uses skateboard park. (BDR 40‑415)”.

    Senator Rawson moved that the Senate do not concur in the Assembly amendments to Senate Bill No. 482.

    Remarks by Senator Rawson.

    Motion carried.

    Bill ordered transmitted to the Assembly.

Recede From Senate Amendments

    Senator Rawson moved that the Senate do not recede from its action on Assembly Bill No. 195, that a conference be requested, and that Madam President appoint a first Conference Committee consisting of three members to meet with a like committee of the Assembly.

    Remarks by Senator Rawson.

    Motion carried.

    Bill ordered transmitted to the Assembly.

Appointment of Conference Committees

    Madam President appointed Senators Amodei, Townsend and Schneider as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Assembly Bill No. 195.

    Madam President appointed Senators Wiener, Porter and Washington as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Senate Bill No. 87.

Signing of Bills and Resolutions

    There being no objections, the President and Secretary signed Senate Bills Nos. 51, 113, 125, 236, 502; Senate Joint Resolution No. 13; Assembly Bills Nos. 242, 325, 443, 444, 556, 582; Assembly Concurrent Resolution No. 35.

REMARKS FROM THE FLOOR

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

    It was late when I arrived home Saturday night. I always schedule a dinner and a movie with my wife so we saw “Pearl Harbor.” It was a long movie, but it caused me to reflect a bit on the Memorial Day weekend and how caught up we are in our important business this week. There is a tendancy to go past these very important dates so I would like to share a few reflections of this weekend.

    I remember, as a young child, a day where there was great excitement outside with pots and pans clanging and people making all the noise they could make. I remember my mother crying and telling me how I should remember that day because the war was over. A short time after that, I remember my uncles coming home. There are three or four of them who stand out in my mind. Clyde was a basket case by the time he came home. He was in the Bataan Death March. He told us the stories and showed us his bayonet wounds. He was a shell of a man when he returned, but he recovered fully. Lloyd was on the “Mighty Mo”―the USS Missouri. He was there during all of its action, including the signing of the armistice. Delbert and Deloss, my father’s brothers, each came home a different man than they had been before the war. I was young then, and I do not know if I fully understood their personalities before, but each was solemn after his return. They were very kindly. I do remember them participating and helping, but they were greatly affected by the war. Each one of them developed alcohol problems, and each of them died early because of it.

    I looked back through my journal and studied some of the comments I had written earlier about my forebears who defended our freedom and our way of life. I started with Edward and Alexander Rawson. Edward was the secretary of the Massachusetts Bay Colony. Alexander served in the “Old French War,” the French and Indian War as it was known. They were fighting for their homes. Alexander’s story mimics the story of the movie, “The Patriot.” He had two sons, David and Steven. David and Alexander were soldiers during the Revolutionary War. They talked about their expedition from West Point to the “Genesee country,” as they called it. I am not certain if that is New York or not. They talked about the Battle of Monmouth and to quote them, about, “mighty excursions which were made with General Washington.”

    I remember the first time I visited the Vietnam Memorial. It was a cold and windy, wintry day. Tears froze on my face as I tried to trace the names of two of my cousins. I think everyone here has had similar stories, whether your's or one's you have heard related. We were thrilled Saturday listening to Senator Jacobsen as he talked about Pearl Harbor and the South Pacific and shared his stories with us.

    Through all of this, I have been humbled this weekend. I have a deep debt of gratitude for the sacrifice and what I considered to be the disruption of these people’s lives. I have been asked to give very little in my lifetime. I feel an absolute duty to honor their sacrifices. I feel an absolute obligation to maintain the gains and the accomplishments for a free society. I feel recommitted to meet two imperatives. First, the biologic imperative to perpetuate our family with children and grandchildren that are prepared to survive and progress and to do good works. The second imperative, the moral imperative, is to give them a world that is as open and as free as the one I received. I would relate that for all of us, that we have an obligation to reverently consider what Memorial Day is really all about.

GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR

    On request of Senator Care, the privilege of the floor of the Senate Chamber for this day was extended to Diana Care, Helen Mitchell, Lambert Mitchell and Jenny Care.

    Senator Raggio moved that the Senate adjourn until Tuesday, May 29, 2001 at 11 a.m. and that it do so in memory of former Chief of Legislative Police Wayne Hurte.

    Motion carried.

    Senate adjourned at 8:46 p.m.

Approved:                                                                  Lorraine T. Hunt

                                                                                   President of the Senate

Attest:    Claire J. Clift

                Secretary of the Senate