THE ONE HUNDRED AND SIXTH DAY

                               

 

Carson City (Monday), May 19, 2003

 

    Assembly called to order at 11:32 a.m.

    Mr. Speaker presiding.

    Roll called.

    All present.

    Prayer by the Chaplain, Pastor Monte Fast.

    From the pages of the Nevada Appeal we offer a prayer for: universal business tax; cigarette tax; liquor tax; casino industry tax; 200 measures before the Assembly and Senate fiscal panels; medical regulations; death penalty issues; discrimination issues; environmental issues at the Lake; TRPA and the Colorado River Commission; limiting limos; capital improvements; University System; and special sessions. Perhaps we need a miracle.

Amen.

    Pledge of allegiance to the Flag.

    Assemblyman Oceguera moved that further reading of the Journal be dispensed with, and the Speaker and Chief Clerk be authorized to make the necessary corrections and additions.

    Motion carried.

REPORTS OF COMMITTEES

Mr. Speaker:

    Your Committee on Commerce and Labor, to which were referred Senate Bills Nos. 168, 193, 423, 425, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

David Goldwater, Chairman

Mr. Speaker:

    Your Committee on Education, to which was referred Senate Bill No. 306, has had the same under consideration, and begs leave to report the same back with the recommendation:
Amend, and do pass as amended.

Wendell P. Williams, Chairman

Mr. Speaker:

    Your Committee on Elections, Procedures, and Ethics, to which was referred
Assembly Concurrent Resolution No. 10, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and be adopted as amended.

    Also, your Committee on Elections, Procedures, and Ethics, to which were referred
Senate Bills Nos. 249, 329, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Chris Giunchigliani, Chairman

Mr. Speaker:

    Your Committee on Health and Human Services, to which was referred Senate Bill No. 459, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Ellen Koivisto, Chairman

Mr. Speaker:

    Your Concurrent Committee on Judiciary, to which was referred Senate Bill No. 264, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Bernie Anderson, Chairman

Mr. Speaker:

    Your Committee on Natural Resources, Agriculture, and Mining, to which was referred Senate Bill No. 18, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Tom Collins, Chairman

Mr. Speaker:

    Your Committee on Ways and Means, to which was re-referred Assembly Bill No. 441, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Morse Arberry Jr., Chairman

MESSAGES FROM THE Senate

Senate Chamber, Carson City, May 17, 2003

To the Honorable the Assembly:

    I have the honor to inform your honorable body that the Senate on this day passed
Assembly Bills Nos. 25, 35, 95, 117, 323, 336, 381, 405, 421, 424, 443, 445, 448, 510, 539.

    Also, I have the honor to inform your honorable body that the Senate amended, and on this day passed, as amended, Assembly Bill No. 32, Amendment No. 606; Assembly Bill No. 40, Amendment No. 709; Assembly Bill No. 60, Amendment No. 656; Assembly Bill No. 92, Amendment No. 658; Assembly Bill No. 100, Amendment No. 578; Assembly Bill No. 132, Amendment No. 663; Assembly Bill No. 190, Amendment No. 666; Assembly Bill No. 230, Amendment No. 608; Assembly Bill No. 348, Amendment No. 691; Assembly Bill No. 419, Amendment No. 708; Assembly Bill No. 437, Amendment No. 692; Assembly Bill No. 498, Amendment No. 605; Assembly Bill No. 507, Amendment No. 673; Assembly Bill No. 509, Amendment No. 623; Assembly Bill No. 522, Amendment No. 662, and respectfully requests your honorable body to concur in said amendments.

    Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bill No. 289.

    Also, I have the honor to inform your honorable body that the Senate amended, and on this day adopted, as amended, Senate Concurrent Resolutions Nos. 13, 20.

Mary Jo Mongelli

Assistant Secretary of the Senate

MOTIONS, RESOLUTIONS AND NOTICES

Notice of Exemption

May 16, 2003

    The Fiscal Analysis Division, pursuant to Joint Standing Rule 14.6, has determined the exemption of:  Assembly Bill No. 548.

Mark Stevens

Fiscal Analysis Division

    By Assemblymen Ohrenschall, Giunchigliani, Parks, Anderson, Atkinson, Buckley, Carpenter, Chowning, Claborn, Collins, Conklin, Geddes, Gibbons, Goicoechea, Goldwater, Grady, Griffin, Hardy, Horne, Knecht, Koivisto, Leslie, Mabey, Manendo, McClain, McCleary, Pierce, Sherer, and Williams:

    Assembly Concurrent Resolution No. 27—Directing the Legislative Commission to appoint an interim committee to conduct a study of business practices of the automobile insurance industry.

    Assemblywoman Ohrenschall moved that the resolution be referred to the Committee on Elections, Procedures, and Ethics.

    Motion carried.

    Senate Concurrent Resolution No. 13.

    Assemblyman Oceguera moved that the resolution be referred to the Committee on Elections, Procedures, and Ethics.

    Motion carried.

    Senate Concurrent Resolution No. 20.

    Assemblyman Oceguera moved that the resolution be referred to the Committee on Elections, Procedures, and Ethics.

    Motion carried.

    Senate Concurrent Resolution No. 10.

    Assemblywoman Koivisto moved the adoption of the resolution.

    Remarks by Assemblywoman Koivisto.

    Resolution adopted unanimously.

    Senate Concurrent Resolution No. 19.

    Assemblyman Atkinson moved the adoption of the resolution.

    Remarks by Assemblyman Atkinson.

    Resolution adopted unanimously.

INTRODUCTION, FIRST READING AND REFERENCE

        By the Committee on Ways and Means:

    Assembly Bill No. 549—AN ACT relating to forfeitures; revising the provisions relating to the uses of forfeited property or the proceeds of forfeited property; and providing other matters properly relating thereto.

    Assemblyman Arberry moved that the bill be referred to the Committee on Ways and Means.

    Motion carried.

    Senate Bill No. 289.

    Assemblyman Oceguera moved that the bill be referred to the Committee on Elections, Procedures, and Ethics.

    Motion carried.

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblywoman Buckley moved that the reading of Histories on all bills and resolutions be dispensed with for this legislative day.

    Motion carried.

    Assemblyman Gustavson requested Senate Bill No. 323 be taken from the Consent Calendar.

    Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.

    Assembly in recess at 11:47 a.m.

ASSEMBLY IN SESSION

    At 11:53 a.m.

    Mr. Speaker presiding.

    Quorum present.

    Senate Bill No. 323 placed on the Second Reading File.

    Assemblyman Gustavson requested that Senate Bill No. 428 be taken from the Consent Calendar.

    Senate Bill No. 428 placed on the Second Reading File.

SECOND READING AND AMENDMENT

    Senate Bill No. 10.

    Bill read second time and ordered to third reading.

    Senate Bill No. 125.

    Bill read second time and ordered to third reading.

    Senate Bill No. 181.

    Bill read second time.

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

    Amendment No. 646.

    Amend section 1, page 2, line 39, after “street” by inserting: “that is depicted in the streets and highways plan of the master plan described in paragraph (p) of subsection 1 of NRS 278.160 which has been adopted for the community”.

    Amend section 1, page 2, line 40, after “park.” by inserting: “The term does not include the vacation of a street that is not depicted in the streets and highways plan of the master plan described in paragraph (p) of subsection 1 of NRS 278.160 which has been adopted for the community.”.

    Assemblyman Manendo moved the adoption of the amendment.

    Remarks by Assemblyman Manendo.

    Amendment adopted.

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

    Senate Bill No. 370.

    Bill read second time.

    The following amendment was proposed by the Committee on Taxation:

    Amendment No. 755.

    Amend section 1, page 1, by deleting line 4 and inserting: “property, the board of county commissioners of a county whose population is less than 400,000 may impose a tax at the”.

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

    “AN ACT relating to taxation; authorizing the board of county commissioners of certain counties to impose an additional tax on the transfer”.

    Amend the summary of the bill to read as follows:

    “SUMMARY—Authorizes board of county commissioners of certain counties to impose additional tax on transfer of real property for control of invasive species and certain endemic pests and weeds. (BDR 32‑39)”.

    Assemblyman Parks moved the adoption of the amendment.

    Remarks by Assemblyman Parks.

    Amendment adopted.

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

    Senate Bill No. 440.

    Bill read second time.

    The following amendment was proposed by the Committee on Taxation:

    Amendment No. 752.

    Amend sec. 11, page 3, lines 21 and 36, by deleting “assessor” and inserting “treasurer”.

    Amend sec. 12, page 3, line 38, by deleting “assessor” and inserting “treasurer”.

    Amend sec. 12, page 4, lines 1 and 4, by deleting “assessor” and inserting “treasurer”.

    Amend sec. 13, page 4, lines 9 and 21, by deleting “assessor” and inserting “treasurer”.

    Amend sec. 16, page 5, line 3, by deleting “assessor” and inserting “treasurer”.

    Amend sec. 16, page 5, by deleting lines 7 through 10 and inserting: “treasurer shall prepare such a statement and provide the”.

    Amend sec. 18, page 5, lines 32 and 33, by deleting “assessor” and inserting “treasurer”.

    Amend sec. 20, page 6, line 6, by deleting “assessor.” and inserting “treasurer.”.

    Assemblyman Parks moved the adoption of the amendment.

    Remarks by Assemblyman Parks.

    Amendment adopted.

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

    Senate Bill No. 473.

    Bill read second time.

    The following amendment was proposed by the Committee on Taxation:

    Amendment No. 756.

    Amend sec. 2, page 7, line 16, after “or” by inserting: “a facility for the production of”.

    Amend sec. 4, page 9, line 8, after “or” by inserting: “a facility for the production of”.

    Assemblyman Parks moved the adoption of the amendment.

    Remarks by Assemblyman Parks.

    Amendment adopted.

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

    Senate Bill No. 489.

    Bill read second time.

    The following amendment was proposed by the Committee on Taxation:

    Amendment No. 757.

    Amend section 1, page 1, lines 8 and 10, by deleting “natural gas,” and inserting: “any fossil fuel,”.

    Amend the title of the bill, fourth line, by deleting “natural gas;” and inserting: “any fossil fuel;”.

    Assemblyman Parks moved the adoption of the amendment.

    Remarks by Assemblyman Parks.

    Amendment adopted.

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

    Senate Bill No. 323.

    Bill read second time and ordered to third reading.

    Senate Bill No. 428.

    Bill read second time and ordered to third reading.

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblyman Goldwater moved that Senate Bill No. 351 be taken from the General File and placed on the Chief Clerk's desk.

    Remarks by Assemblyman Goldwater.

    Motion carried.

    Assemblyman Goldwater moved that Senate Bill No. 240 be taken from the General File and placed on the Chief Clerk's desk.

    Remarks by Assemblyman Goldwater.

    Motion carried.

    Assemblyman Goldwater moved that Senate Bill No. 288 be taken from the General File and placed on the Chief Clerk's desk.

    Remarks by Assemblyman Goldwater.

    Motion carried.

    Assemblyman Goldwater moved that Senate Bill No. 460 be taken from the General File and placed on the Chief Clerk's desk.

    Remarks by Assemblyman Goldwater.

    Motion carried.

    Assemblyman Manendo moved that Senate Bill No. 78 be taken from the Chief Clerk's desk and placed at the top of the Senate Bills on the
General File.

    Remarks by Assemblyman Manendo.

    Motion carried.

CONSENT CALENDAR

    Senate Bills Nos. 7, 8, 83, 248, 281, 283, 422, 427, 429, and 437.

    Bills read by number.

    Remarks by Assemblyman Goicoechea.

    Potential conflict of interest declared by Assemblyman Goicoechea for Senate Bill No. 427.

    Roll call on Senate Bills Nos. 7, 8, 83, 248, 281, 283, 422, 427, 429, and 437:

    Yeas—42.

    Nays—None.

    Senate Bills Nos. 7, 8, 83, 248, 281, 283, 422, 427, 429, and 437 having received a constitutional majority, Mr. Speaker declared them passed.

    Bills ordered transmitted to the Senate.

general file and third reading

    Assembly Bill No. 29.

    Bill read third time.

    The following amendment was proposed by the Committee on
Ways and Means:

    Amendment No. 714.

    Amend section 1, page 3, by deleting line 1 and inserting:

    “7.  The money collected for an administrative assessment for the provision of specialty court programs in”.

    Amend sec. 3, page 7, line 39, after “bail.” by inserting: “If bail is forfeited, the administrative assessment included in the amount posted for bail pursuant to this subsection must be disbursed in the manner set forth in subsection 6 or 7.”.

    Amend sec. 7, page 12, line 40, by deleting “order,” and inserting: “order of forfeiture,”.

    Amend sec. 8, page 13, line 19, by deleting “Fifty” and inserting “Ninety”.

    Amend sec. 8, page 13, line 21, by deleting “Fifty” and inserting “Ten”.

    Assemblyman Arberry moved the adoption of the amendment.

    Remarks by Assemblyman Arberry.

    Amendment adopted.

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

    Assembly Bill No. 179.

    Bill read third time.

    Remarks by Assemblymen Giunchigliani, Gibbons, Gustavson, and Buckley.

    Roll call on Assembly Bill No. 179:

    Yeas—31.

    Nays—Andonov, Beers, Brown, Carpenter, Christensen, Goicoechea, Griffin, Gustavson, Hettrick, Knecht, Sherer—11.

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

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 392.

    Bill read third time.

    Remarks by Assemblymen Pierce, Geddes, Knecht, and Anderson.

    Potential conflict of interest declared by Assemblymen Anderson, Geddes, and Knecht.

    Roll call on Assembly Bill No. 392:

    Yeas—27.

    Nays—Andonov, Angle, Beers, Brown, Carpenter, Christensen, Geddes, Griffin, Gustavson, Hettrick, Knecht, Mabey, Marvel, Sherer, Weber—15.

    Assembly Bill No. 392 having received a constitutional majority,
Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 515.

    Bill read third time.

    The following amendment was proposed by the Committee on
Ways and Means:

    Amendment No. 754.

    Amend sec. 5, page 4, line 2, by deleting “$70,000;” and inserting “$87,500;”.

    Amend sec. 5, page 4, line 3, by deleting “$100,000.” and inserting “$150,000.”.

    Assemblyman Arberry moved the adoption of the amendment.

    Remarks by Assemblyman Arberry.

    Amendment adopted.

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

    Assembly Joint Resolution No. 11.

    Resolution read.

    Remarks by Assemblymen Carpenter and Giunchigliani.

    Roll call on Assembly Joint Resolution No. 11:

    Yeas—26.

    Nays—Andonov, Angle, Brown, Carpenter, Chowning, Gibbons, Goicoechea, Griffin, Gustavson, Hardy, Hettrick, Knecht, Mabey, Marvel, McCleary, Sherer—16.

    Assembly Joint Resolution No. 11 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Resolution ordered transmitted to the Senate.

    Senate Bill No. 78.

    Bill read third time.

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

    Amendment No. 735.

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

    “Sec. 2.  NRS 319.140 is hereby amended to read as follows:

    319.140  1.  The Division shall administer the provisions of this chapter. The Administrator may adopt, amend or rescind regulations, consistent with the provisions of this chapter, appropriate to carry out its purposes.

    2.  The Administrator may make copies of all proceedings and other records and documents of the Division and issue certificates under the seal of the Division to the effect that the copies are true copies, and all persons dealing with the Division may rely upon such certificates.

    3.  The Division may [employ] :

    (a) Employ or contract for the services of attorneys, accountants, financial experts and any other advisers, employees, consultants and agents as the Administrator may determine to be necessary [.] ; and

    (b) Develop or purchase, lease or otherwise acquire one or more information systems that the Division determines are necessary or convenient for the exercise of its powers and duties pursuant to this chapter and acquire any consulting, support or other service for such information systems.

    4.  Before September 1 of each even-numbered year, the Division shall submit a report of its activities for the biennium ending June 30 of that year to the Governor, State Treasurer and the Legislature. Each such report [shall] must set forth a complete operating and financial statement of the Division during such biennium. The Division shall cause an audit of its books and accounts to be made at least once in each fiscal year by a certified public accountant. The certified public accountant may audit the Division's books and accounts for consecutive audit periods as requested by the Division.”.

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

    “Sec. 4.  NRS 319.190 is hereby amended to read as follows:

    319.190  1.  The Division may make, undertake commitments to make and participate with lending institutions in the making of mortgage loans [,] and may make temporary loans and advances in anticipation of mortgage loans [, and issue letters of credit pursuant to subsection 2] to finance the acquisition, construction or rehabilitation of residential housing, including , without limitation, multifamily housing. Any loan made by the Division pursuant to this section must be insured or guaranteed unless it is financed by an issue of obligations of the Division that are insured or secured by surety bonds, letters of credit not issued by the Division, guaranties or other means of assuring repayment of those obligations. Such loans may be made [or letters of credit issued] only after a determination by the Administrator that mortgage loans [or letters of credit] are not otherwise available from private lenders upon reasonable equivalent terms and conditions.

    2.  The Division may issue a letter of credit to finance the acquisition, construction or rehabilitation of residential housing, including, without limitation, multifamily housing, only if [sufficient] :

    (a) At the time a letter of credit is issued, the Division has a credit rating within one of the three highest rating categories of a nationally recognized rating agency;

    (b) Sufficient reserves in the funds established by the Division are deposited in a separate account to be used to pay any liabilities that may be incurred by issuing the letter of credit [.] ;

    (c) The aggregate amount of outstanding letters of credit issued by the Division [must] and the proposed letter of credit does not exceed $5,000,000 [.] ; and

    (d) The Administrator has determined that a letter of credit is not otherwise available from a private lender upon reasonable equivalent terms and conditions.”.

    Amend sec. 5, page 5, lines 28 and 29, by deleting: “2001 . [, and expires by limitation on July 1, 2003.]” and inserting: “2001, and expires by limitation on July 1, [2003.] 2009.”.

    Amend sec. 6, page 5, by deleting line 30 and inserting:

    “Sec. 8.  1.  This section and sections 1, 3, 5, 6 and 7 of this act become effective on July 1, 2003.

    2.  Sections 1 and 3 of this act expire by limitation on June 30, 2009.

    3.  Sections 2 and 4 of this act become effective on July 1, 2009.”.

    Amend the title of the bill by deleting the fourth through seventh lines and inserting: “revising the provisions governing the issuance of letters of credit by the Division; increasing the permissible aggregate principal amount of the outstanding obligations of the Division; extending the prospective expiration of”.

    Assemblyman Manendo moved the adoption of the amendment.

    Remarks by Assemblyman Manendo.

    Amendment adopted.

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

    Senate Bill No. 34.

    Bill read third time.

    Remarks by Assemblyman Williams.

    Roll call on Senate Bill No. 34:

    Yeas—42.

    Nays—None.

    Senate Bill No. 34 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.

    Assembly in recess at 12:30 p.m.

ASSEMBLY IN SESSION

    At 12:31 p.m.

    Mr. Speaker pro Tempore presiding.

    Quorum present.

    Senate Bill No. 50.

    Bill read third time.

    Remarks by Assemblymen Anderson, Ohrenschall, and Giunchigliani.

    Conflict of interest declared by Assemblyman Ohrenschall.

    Roll call on Senate Bill No. 50:

    Yeas—36.

    Nays—Arberry, Carpenter, Giunchigliani, Knecht, Leslie—5.

    Not    Voting—Ohrenschall.

    Senate Bill No. 50 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 59.

    Bill read third time.

    Roll call on Senate Bill No. 59:

    Yeas—42.

    Nays—None.

    Senate Bill No. 59 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 144.

    Bill read third time.

    MOTIONS, RESOLUTIONS AND NOTICES

    Assemblyman Mortenson moved that Senate Bill No. 144 be taken from the General File and placed on the Chief Clerk's desk.

    Remarks by Assemblyman Mortenson.

    Motion carried.

general file and third reading

    Senate Bill No. 176.

    Bill read third time.

    Remarks by Assemblyman Goicoechea.

    Roll call on Senate Bill No. 176:

    Yeas—42.

    Nays—None.

    Senate Bill No. 176 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed, as amended.

    Bill ordered transmitted to the Senate.

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblywoman Buckley moved that Senate Bill No. 221 be taken from the General File and placed on the Chief Clerk's desk.

    Remarks by Assemblywoman Buckley.

    Motion carried.

    Assemblywoman Buckley moved that Senate Bill No. 231 be taken from the General File and placed on the Chief Clerk's desk.

    Remarks by Assemblywoman Buckley.

    Motion carried.

general file and third reading

    Senate Bill No. 199.

    Bill read third time.

    Remarks by Assemblyman Geddes.

    Roll call on Senate Bill No. 199:

    Yeas—42.

    Nays—None.

    Senate Bill No. 199 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 253.

    Bill read third time.

    Remarks by Assemblymen Koivisto, Buckley, Giunchigliani, Anderson, and Ohrenschall.

    Roll call on Senate Bill No. 253:

    Yeas—40.

    Nays—Angle, Gustavson—2.

    Senate Bill No. 253 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 255.

    Bill read third time.

    Remarks by Assemblymen Conklin and Leslie.

    Roll call on Senate Bill No. 255:

    Yeas—27.

    Nays—Andonov, Angle, Beers, Brown, Carpenter, Christensen, Goicoechea, Grady, Griffin, Gustavson, Hardy, Hettrick, Knecht, Marvel, Sherer—15.

    Senate Bill No. 255 having failed to received a two-thirds majority,
Mr. Speaker pro Tempore declared it lost.

    Senate Bill No. 266.

    Bill read third time.

    Roll call on Senate Bill No. 266:

    Yeas—42.

    Nays—None.

    Senate Bill No. 266 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 276.

    Bill read third time.

    Roll call on Senate Bill No. 276:

    Yeas—41.

    Nays—None.

    Excused—Knecht.

    Senate Bill No. 276 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 287.

    Bill read third time.

    Remarks by Assemblywoman Angle.

    Roll call on Senate Bill No. 287:

    Yeas—41.

    Nays—None.

    Excused—Knecht.

    Senate Bill No. 287 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 297.

    Bill read third time.

    Remarks by Assemblymen Ohrenschall, Beers, Giunchigliani, and Chowning.

    Potential conflict of interest declared by Assemblyman Beers.

    Roll call on Senate Bill No. 297:

    Yeas—41.

    Nays—None.

    Excused—Knecht.

    Senate Bill No. 297 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 299.

    Bill read third time.

    Remarks by Assemblyman Claborn.

    Roll call on Senate Bill No. 299:

    Yeas—41.

    Nays—None.

    Excused—Knecht.

    Senate Bill No. 299 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 307.

    Bill read third time.

    Remarks by Assemblyman Mabey.

    Roll call on Senate Bill No. 307:

    Yeas—38.

    Nays—Beers, Buckley, Gustavson—3.

    Excused—Knecht.

    Senate Bill No. 307 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 310.

    Bill read third time.

    Roll call on Senate Bill No. 310:

    Yeas—41.

    Nays—None.

    Excused—Knecht.

    Senate Bill No. 310 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 313.

    Bill read third time.

    Remarks by Assemblyman Parks.

    Roll call on Senate Bill No. 313:

    Yeas—41.

    Nays—None.

    Excused—Knecht.

    Senate Bill No. 313 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 315.

    Bill read third time.

    Remarks by Assemblymen Ohrenschall and Mabey.

    Conflict of interest declared by Assemblywoman Ohrenschall.

    Roll call on Senate Bill No. 315:

    Yeas—40.

    Nays—None.

    Not    Voting—Ohrenschall.

    Excused—Knecht.

    Senate Bill No. 315 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 317.

    Bill read third time.

    Remarks by Assemblymen Anderson and Giunchigliani.

    Assemblywoman Giunchigliani requested that her remarks be entered in the Journal.

    Thank you, Mr. Speaker pro Tempore. I would like to note that we had our Fiscal staff take a look at this because we weren’t sure why this legislation was necessary. For years, in our budgets, we have had schoolteachers assigned to each of the institutions. We did have an argument with the prison this year about taking store fund money to use for a “literacy” program. We had them go back because of the curriculum that is supposed to be a component. I note, for the record, that this complies with what current practice is and is not intended to expand their programs unless they come back with legislation for additional funding. There should be no fiscal impact.

    Roll call on Senate Bill No. 317:

    Yeas—41.

    Nays—None.

    Excused—Knecht.

    Senate Bill No. 317 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assemblywoman Buckley moved that the Assembly recess until 1:30 p.m.

    Motion carried.

    Assembly in recess at 1:18 p.m.

ASSEMBLY IN SESSION

    At 1:40 p.m.

    Mr. Speaker pro Tempore presiding.

    Quorum present.

REPORTS OF COMMITTEES

Mr. Speaker:

    Your Committee on Commerce and Labor, to which was referred Senate Bill No. 320, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

David Goldwater, Chairman

Mr. Speaker:

    Your Committee on Transportation, to which was re-referred Senate Bill No. 355, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Vonne Chowning, Chairman

Mr. Speaker:

    Your Committee on Ways and Means, to which was referred Assembly Bill No. 418, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

    Also, your Committee on Ways and Means, to which was re-referred Assembly Bill No. 534, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Morse Arberry Jr., Chairman

general file and third reading

    Senate Bill No. 322.

    Bill read third time.

    Remarks by Assemblyman Claborn.

    Roll call on Senate Bill No. 322:

    Yeas—41.

    Nays—None.

    Excused—Knecht.

    Senate Bill No. 322 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 327.

    Bill read third time.

    Roll call on Senate Bill No. 327:

    Yeas—38.

    Nays—Andonov, Hardy, Weber—3.

    Excused—Knecht.

    Senate Bill No. 327 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 359.

    Bill read third time.

    Remarks by Assemblywoman Koivisto.

    Roll call on Senate Bill No. 359:

    Yeas—41.

    Nays—None.

    Excused—Knecht.

    Senate Bill No. 359 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 362.

    Bill read third time.

    Roll call on Senate Bill No. 362:

    Yeas—41.

    Nays—None.

    Excused—Knecht.

    Senate Bill No. 362 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 363.

    Bill read third time.

    Remarks by Assemblywoman Chowning.

    Roll call on Senate Bill No. 363:

    Yeas—41.

    Nays—None.

    Excused—Knecht.

    Senate Bill No. 363 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 373.

    Bill read third time.

    Remarks by Assemblyman Parks.

    Roll call on Senate Bill No. 373:

    Yeas—41.

    Nays—None.

    Excused—Knecht.

    Senate Bill No. 373 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed.

    Bill ordered transmitted to the Senate.

MOTIONS, RESOLUTIONS AND NOTICES

Notice of Exemption

May 19, 2003

    The Fiscal Analysis Division, pursuant to Joint Standing Rule 14.6, has determined the exemption of:  Assembly Bill No. 549.

Mark Stevens

Fiscal Analysis Division

    Assemblyman Arberry moved that Senate Bill No. 456 be taken from the General File and re-referred to the Committee on Ways and Means.

    Motion carried.

general file and third reading

    Senate Bill No. 378.

    Bill read third time.

    Remarks by Assemblywoman Angle.

    Roll call on Senate Bill No. 378:

    Yeas—41.

    Nays—None.

    Excused—Knecht.

    Senate Bill No. 378 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed.

    Senate Bill No. 383.

    Bill read third time.

    Remarks by Assemblyman Geddes.

    Roll call on Senate Bill No. 383:

    Yeas—41.

    Nays—None.

    Excused—Knecht.

    Senate Bill No. 383 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 387.

    Bill read third time.

    Roll call on Senate Bill No. 387:

    Yeas—41.

    Nays—None.

    Excused—Knecht.

    Senate Bill No. 387 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 394.

    Bill read third time.

    Remarks by Assemblyman Geddes.

    Roll call on Senate Bill No. 394:

    Yeas—41.

    Nays—None.

    Excused—Knecht.

    Senate Bill No. 394 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 396.

    Bill read third time.

    Roll call on Senate Bill No. 396:

    Yeas—41.

    Nays—None.

    Excused—Knecht.

    Senate Bill No. 396 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 401.

    Bill read third time.

    Roll call on Senate Bill No. 401:

    Yeas—41.

    Nays—None.

    Excused—Knecht.

    Senate Bill No. 401 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 405.

    Bill read third time.

    Remarks by Assemblywoman Chowning.

    Roll call on Senate Bill No. 405:

    Yeas—41.

    Nays—None.

    Excused—Knecht.

    Senate Bill No. 405 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed.

    Senate Bill No. 407.

    Bill read third time.

    Roll call on Senate Bill No. 407:

    Yeas—41.

    Nays—None.

    Excused—Knecht.

    Senate Bill No. 407 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 408.

    Bill read third time.

    Roll call on Senate Bill No. 408:

    Yeas—41.

    Nays—None.

    Excused—Knecht.

    Senate Bill No. 408 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 410.

    Bill read third time.

    Roll call on Senate Bill No. 410:

    Yeas—41.

    Nays—None.

    Excused—Knecht.

    Senate Bill No. 410 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed.

    Bill ordered transmitted to the Senate.

    Mr. Speaker pro Tempore announced if there were no objections, the Assembly would recess subject to the call of the Chair.

    Assembly in recess at 2:00 p.m.

ASSEMBLY IN SESSION

    At 2:01 p.m.

    Mr. Speaker pro Tempore presiding.

    Quorum present.

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblyman Parks moved that Senate Bill No. 353 be taken from the Chief Clerk's desk and placed on General File.

    Motion carried.

    Assemblyman Hettrick moved that Senate Bill No. 483 be taken from its position on the General File and placed at the top of the General File.

    Motion carried.

general file and third reading

    Senate Bill No. 483.

    Bill read third time.

    The following amendment was proposed by Assemblyman Hettrick:

    Amendment No. 829.

    Amend section 1, page 1, line 2, by deleting: “2, 3 and 4” and inserting:
“2 to 4, inclusive,”.

    Amend the bill as a whole by adding new sections designated sections 3.1 through 3.9, following sec. 3, to read as follows:

    “Sec. 3.1.  1.  The Department may issue a driver’s license to a person who is 16 or 17 years of age if:

    (a) Except as otherwise provided in subsection 2, he has completed a course:

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

        (2) Provided by a school for training drivers which is licensed pursuant to NRS 483.700 to 483.780, inclusive, and which 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;

    (b) He has at least 50 hours of supervised 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, including, without limitation, at least 10 hours of experience in driving a motor vehicle during darkness;

    (c) He submits to the Department a form provided by the Department that is signed:

        (1) By his parent or legal guardian; or

        (2) If the person applying for the driver’s license is an emancipated minor, by a licensed driver who is at least 21 years of age or by a licensed driving instructor, which attests that the person applying for the driver’s license has completed the training and experience required pursuant to paragraphs (a) and (b);

    (d) He has not been found to be responsible for a motor vehicle accident during the 6 months before he applies for the driver’s license;

    (e) He has not been convicted of a moving traffic violation or a crime involving alcohol or a controlled substance during the 6 months before he applies for the driver’s license; and

    (f) He has held an instruction permit for not less than 6 months before he applies for the driver’s license.

    2.  A person who is 16 or 17 years of age and who:

    (a) Resides in a county whose population is less than 50,000 or in a city or town whose population is less than 25,000; and

    (b) Is not enrolled in a school or is enrolled in a school that does not offer automobile driver education,

is not required to complete a course as required pursuant to paragraph (a) of subsection 1.

    Sec. 3.3.  1.  Except as otherwise provided in subsection 2, a person to whom a driver’s license is issued pursuant to section 3.1 of this act shall not, during the first 6 months after the date on which the driver’s license is issued, transport as a passenger a person who is under 18 years of age.

    2.  A person to whom a driver’s license is issued pursuant to section 3.1 of this act may transport as a passenger a member of his immediate family, regardless of the age of the family member.

    3.  If the parent or legal guardian of a person to whom a driver’s license is issued pursuant to section 3.1 of this act knowingly and willfully allows the person to operate a motor vehicle in violation of this section, the parent or legal guardian is liable for all fines and penalties imposed against the person. If the parent or legal guardian is unable to pay the fine and penalties resulting from a violation of this section because of financial hardship, the court may require the parent or legal guardian to perform community service.

    Sec. 3.5.  1.  A peace officer shall not stop a motor vehicle for the sole purpose of determining whether the driver is violating a provision of
section 3.3 of this act. A citation may be issued for a violation of section 3.3 of this act only if the violation is discovered when the vehicle is halted or its driver is arrested for another alleged violation or offense.

    2.  A violation of section 3.3 of this act:

    (a) Is not a moving traffic violation pursuant to NRS 483.473; and

    (b) Is not grounds for suspension or revocation of the driver’s license pursuant to NRS 483.360.

    Sec. 3.7.  The Department may:

    1.  With respect to a driver’s license that is issued pursuant to section 3.1 of this act:

    (a) Include on the face of the license the original date on which the license was issued; or

    (b) Otherwise indicate that the license is for use by a person who:

        (1) Is 16 or 17 years of age; and

        (2) Satisfied the requirements set forth in section 3.1 of this act before receiving the license;

    2.  Issue drivers’ licenses pursuant to section 3.1 of this act with distinguishing characteristics which clearly indicate that the licensee is 16 or 17 years of age; and

    3.  Adopt regulations necessary to carry out the laws governing the issuance of drivers’ licenses pursuant to section 3.1 of this act.

    Sec. 3.9.  If the driver’s license of a person who is under 18 years of age is restricted or suspended as a result of an act committed in violation of sections 3.1 to 3.9, inclusive, of this act, the restriction or suspension remains in effect until the end of the term of the restriction or suspension even if the person becomes 18 years of age before the end of the term of the restriction or suspension.”.

    Amend sec. 5, page 3, line 37, by deleting “and 3” and inserting: “to 3.9, inclusive,”.

    Amend the bill as a whole by adding new sections designated sections 6.3 and 6.7, following sec. 6, to read as follows:

    “Sec. 6.3.  NRS 483.250 is hereby amended to read as follows:

    483.250  The Department shall not issue any license pursuant to the provisions of NRS 483.010 to 483.630, inclusive [:] , and sections 2 to 3.9, inclusive, of this act:

    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 15 3/4 and 18 years if:

        (1) He has completed a course:

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

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

        (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;

        (3) His parent or legal guardian signs and submits to the Department a form provided by the Department which attests that the person who wishes to obtain the license has completed the training and experience required by subparagraphs (1) and (2); and

        (4) He has held an instruction permit for at least:

            (I) Ninety days before he applies for the license, if he was under the age of 16 years at the time he obtained the instruction permit;

            (II) Sixty days before he applies for the license, if he was at least 16 years of age but less than 17 years of age at the time he obtained the instruction permit; or

            (III) Thirty days before he applies for the license, if he was at least
17 years of age but less than 18 years of age at the time he obtained the instruction permit.

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

        (1) The public school in which he is enrolled is located in a county whose population is less than 50,000 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;

        (4) His parent or legal guardian signs and submits to the Department a form provided by the Department which attests that the person who wishes to obtain the license has completed the experience required by subparagraph (3); and

        (5) He has held an instruction permit for at least:

            (I) Ninety days before he applies for the license, if he was under the age of 16 years at the time he obtained the instruction permit;

            (II) Sixty days before he applies for the license, if he was at least
16 years of age but less than 17 years of age at the time he obtained the instruction permit; or

            (III) Thirty days before he applies for the license, if he was at least
17 years of age but less than 18 years of age at the time he obtained the instruction permit.] A driver’s license to a person who is 16 or 17 years of age pursuant to the provisions of section 3.1 of this act.

    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, and sections 2 to 3.9, inclusive, of this act to take an examination, unless he has successfully passed the examination.

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

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

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

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

    Sec. 6.7.  NRS 483.255 is hereby amended to read as follows:

    483.255  The Department shall adopt regulations that set forth the number of hours of training which a person whose age is less than 18 years must complete in a course provided by a school for training drivers to be issued a driver’s license pursuant to subparagraph (2) of paragraph [(d)] (a) of subsection 1 of [NRS 483.250.] section 3.1 of this act. The regulations must require that the number of hours that must be completed by such a person be comparable to the number of hours of instruction which would be required of such a person if he completed his training in a course provided pursuant to NRS 389.090.”.

    Amend the bill as a whole by adding a new section designated sec. 9.5, following sec. 9, to read as follows:

    “Sec. 9.5.  NRS 483.620 is hereby amended to read as follows:

    483.620  It is a misdemeanor for any person to violate any of the provisions of NRS 483.010 to 483.630, inclusive, and sections 2 to 3.9, inclusive, of this act, unless such violation is, by NRS 483.010 to 483.630, inclusive, and sections 2 to 3.9, inclusive, of this act or other law of this state, declared to be a felony.”.

    Amend the bill as a whole by adding a new section designated sec. 16.5, following sec. 16, to read as follows:

    “Sec. 16.5.  NRS 484.466 is hereby amended to read as follows:

    484.466  1.  A person shall not operate a motor vehicle in a jurisdiction during any time when he is in violation of a curfew in the jurisdiction.

    2.  If the parent or legal guardian of a person under the age of 18 years knowingly and willfully allows the person to operate a motor vehicle in violation of this section, the parent or legal guardian is liable for all fines and penalties imposed against the person. If the parent or legal guardian is unable to pay the fine and penalties resulting from a violation of this section because of financial hardship, the court may require the parent or legal guardian to perform community service.”.

    Amend the bill as a whole by adding new sections designated sections 18.3 and 18.7, following sec. 18, to read as follows:

    “Sec. 18.3.  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. The regulations must set forth, without limitation:

    (a) The number of hours of training that must be completed by a pupil who enrolls in a course in automobile driver education;

    (b) That a course in automobile driver education [may be] :

        (1) Must include a component of training conducted in a classroom [or] ; and

        (2) May, in addition to the component of training conducted in a classroom, include a component of training conducted in a motor vehicle ; [, or both;] and

    (c) That if a course in automobile driver education [is] includes components of training conducted both in a classroom and in a motor vehicle [, 1] :

        (1) One hour of training in a motor vehicle is equivalent to 3 hours of training in a classroom [.] ; and

        (2) Not more than one-half of the required number of hours of training described in paragraph (a) may be training in a motor vehicle.

    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 courses in automobile driver education 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 money of the school district.

    4.  A governing body of a charter school may establish and maintain courses in automobile driver education 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 at least 15 years of age.

    Sec. 18.7.  NRS 483.253 is hereby repealed.”.

    Amend sec. 19, page 16, line 34, after “19.” by inserting “1.”.

    Amend sec. 19, page 16, between lines 42 and 43, by inserting:

    “2.  The provisions of sections 3.1 to 3.7, inclusive, and 6.3 of this act do not apply to a person who has been issued a driver’s license before October 1, 2003.”.

    Amend the bill as a whole by adding the text of the repealed section, following sec. 20, to read as follows:

“

TEXT OF REPEALED SECTION

    483.253  Restrictions on transporting passengers who are under 18 years of age; exception for members of immediate family.

    1.  If a person is under the age of 16 years on the date on which the Department issues a license to him pursuant to NRS 483.250, he shall not, during the 90 days immediately succeeding the date on which the Department issues that license, transport as a passenger in a motor vehicle that he is driving any person under the age of 18 years unless that passenger is a member of his immediate family.

    2.  If a person is 16 years of age or older but less than 17 years of age on the date on which the Department issues a license to him pursuant to
NRS 483.250, he shall not, during the 60 days immediately succeeding the date on which the Department issues that license, transport as a passenger in a motor vehicle that he is driving any person under the age of 18 years unless that passenger is a member of his immediate family.

    3.  If a person is 17 years of age or older but less than 18 years of age on the date on which the Department issues a license to him pursuant to
NRS 483.250, he shall not, during the 30 days immediately succeeding the date on which the Department issues that license, transport as a passenger in a motor vehicle that he is driving any person under the age of 18 years unless that passenger is a member of his immediate family.”.

    Amend the title of the bill to read as follows:

    “AN ACT relating to the Department of Motor Vehicles; making various changes regarding identification cards, drivers’ licenses and driving privileges; providing penalties; and providing other matters properly relating thereto.”.

    Assemblyman Hettrick moved the adoption of the amendment.

    Remarks by Assemblymen Hettrick, Beers, Chowning, Carpenter, Ohrenschall, and Goldwater.

    Assemblymen Arberry, Giunchigliani, and Leslie moved the previous question.

    Motion carried.

    The question being the adoption of Amendment No. 829 to Senate Bill
No. 483.

    Assemblymen Hettrick, Angle and Sherer requested a Roll Call vote on Amendment No. 829 to Senate Bill No. 483.

    Roll call on Amendment No. 829 to Senate Bill No. 483:

    Yeas—13.

    Nays—Anderson, Arberry, Atkinson, Buckley, Carpenter, Chowning, Claborn, Collins, Conklin, Geddes, Gibbons, Giunchigliani, Goicoechea, Goldwater, Hardy, Horne, Koivisto, Leslie, Marvel, McClain, McCleary, Mortenson, Oceguera, Ohrenschall, Parks, Perkins, Pierce, Williams—28.

    Excused—Knecht.

    Amendment lost.

    Bill read third time.

    Remarks by Assemblywoman Chowning.

    Roll call on Senate Bill No. 483:

    Yeas—41.

    Nays—None.

    Excused—Knecht.

    Senate Bill No. 483 having received a two-thirds majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblywoman Buckley moved that Senate Bill No. 439 be taken from its position on the General File and placed at the top of the General File.

    Motion carried.

general file and third reading

    Senate Bill No. 439.

    Bill read third time.

    The following amendment was proposed by the Committee on
Ways and Means:

    Amendment No. 781.

    Amend the bill as a whole by adding a new section designated sec. 33.5, following sec. 33, to read as follows:

    “Sec. 33.5.  NRS 1A.270 is hereby amended to read as follows:

    1A.270  1.  Each justice of the Supreme Court or district judge who is elected or appointed as a justice of the Supreme Court or a district judge on or after November 5, 2002, who takes office on or after January 1, 2003, and who previously has not served as either a justice of the Supreme Court or a district judge must receive benefits for retirement, benefits for disability and survivor benefits under the Judicial Retirement Plan, if eligible to receive such benefits under the Judicial Retirement Plan, unless he is a member of the Public Employees’ Retirement System and elects to remain a member pursuant to NRS 1A.280 if eligible to do so.

    2.  Each justice of the Supreme Court or district judge who is elected or appointed as a justice of the Supreme Court or district judge on or after November 5, 2002, and who previously has served as either a justice of the Supreme Court or a district judge and each justice of the Supreme Court or district judge who is serving as a justice of the Supreme Court or district judge on November 5, 2002, must receive benefits for retirement, benefits for disability and survivor benefits pursuant to either:

    (a) NRS 2.060 to 2.083, inclusive, or 3.090 to 3.099, inclusive, as those sections existed on November 5, 2002, if eligible to receive such benefits under such provisions; or

    (b) The Judicial Retirement Plan, if eligible to receive such benefits under the Judicial Retirement Plan, whichever is most beneficial to the justice or judge or his survivor, as determined by the justice or judge at the time of his retirement or the time at which he becomes disabled, or as determined by his survivor at the time of his death, unless he is a member of the Public Employees’ Retirement System and elects to remain a member pursuant to NRS 1A.280 if eligible to do so. A survivor may not change a determination that affects the survivor and which was made by a justice or judge pursuant to this section while the justice or judge was alive.

    3.  A determination made pursuant to subsection 2 is final and if a justice or judge or his survivor determines pursuant to subsection 2:

    (a) To receive benefits pursuant to the Judicial Retirement Plan, the justice, judge or survivor may not receive benefits pursuant to NRS 2.060 to 2.083, inclusive, or pursuant to NRS 3.090 to 3.099, inclusive; or

    (b) To receive benefits pursuant to NRS 2.060 to 2.083, inclusive, or pursuant to NRS 3.090 to 3.099, inclusive, the justice, judge or survivor may not receive benefits pursuant to the Judicial Retirement Plan.

    4.  No justice of the Supreme Court or district judge or survivor of a justice of the Supreme Court or district judge may receive benefits under both this chapter and:

    (a) NRS 2.060 to 2.083, inclusive; or

    (b) NRS 3.090 to 3.099, inclusive.

    5.  A justice of the Supreme Court or district judge or a survivor of a justice of the Supreme Court or district judge who is receiving retirement allowances pursuant to NRS 2.060 to 2.083, inclusive, or pursuant to
NRS 3.090 to 3.099, inclusive, on January 1, 2003, is not eligible for transfer to the Judicial Retirement Plan.”.

    Amend the title of the bill, eleventh line, after “Plan;” by inserting: “authorizing certain justices of the Supreme Court and district judges to receive benefits for retirement, benefits for disability and survivor benefits pursuant to the Judicial Retirement Plan;”.

    Assemblyman Arberry moved the adoption of the amendment.

    Remarks by Assemblyman Arberry.

    Amendment adopted.

    Bill ordered reprinted, engrossed, and to third reading.

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblyman Anderson moved that Senate Bill No. 73 be taken from the Chief Clerk's desk and placed on the General File for the next legislative day.

    Remarks by Assemblyman Anderson.

    Motion carried.

    Assemblyman Anderson moved that Senate Bill No. 90 be taken from the Chief Clerk's desk and placed on the General File for the next legislative day.

    Remarks by Assemblyman Anderson.

    Motion carried.

UNFINISHED BUSINESS

Consideration of Senate Amendments

    Assembly Bill No. 40.

    The following Senate amendment was read:

    Amendment No. 709.

    Amend section 1, page 1, line 10, by deleting “Ninety” and inserting “Thirty”.

    Amend section 1, page 2, between lines 2 and 3, by inserting:

    “5.  If an action is recommenced pursuant to paragraph (b) of subsection 1, any applicable findings of fact or conclusions of law entered by the court that dismissed the action shall be deemed binding in the action that is recommenced.”.

    Assemblyman Anderson moved that the Assembly do not concur in the Senate amendment to Assembly Bill No. 40.

    Remarks by Assemblyman Anderson.

    Motion carried.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 132.

    The following Senate amendment was read:

    Amendment No. 663.

    Amend section 1, pages 1 and 2, by deleting lines 3 through 13 on page 1 and lines 1 through 6 on page 2, and inserting:

    “432B.430  1.  Except as otherwise provided in subsection 4 and
NRS 432B.457, any proceeding held pursuant to NRS 432B.410 to 432B.590, inclusive, must be closed to the general public unless the judge or master, upon his own motion or upon the motion of another person, determines that all or part of the proceeding must be open to the general public because opening the proceeding in such a manner is in the best interests of the child who is the subject of the proceeding. In determining whether opening all or part of the proceeding is in the best interests of the child who is the subject of the proceeding, the judge or master shall consider and give due weight to the desires of that child.

    2.  Unless the judge or master determines pursuant to subsection 1 that all or part of a proceeding must be open to the general public and except as otherwise provided in NRS 432B.457, the general”.

    Amend section 1, page 2, by deleting lines 10 through 30 and inserting:

    “3.  If the judge or master determines pursuant to subsection 1 that all or part of a proceeding must be open to the general public, the judge or master must make specific findings of fact to support such a determination.”.

    Amend the title of the bill to read as follows:

    “AN ACT relating to the protection of children; providing that proceedings concerning the abuse or neglect of children are presumptively closed to the public; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

    “SUMMARY—Provides that proceedings concerning abuse or neglect of children are presumptively closed to public. (BDR 38‑689)”.

    Assemblyman Anderson moved that the Assembly do not concur in the Senate amendment to Assembly Bill No. 132.

    Remarks by Assemblyman Anderson.

    Motion carried.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 92.

    The following Senate amendment was read:

    Amendment No. 658.

    Amend section 1, page 2, line 34, by deleting “such” and inserting “the”.

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

    “Sec. 3.  NRS 105.070 is hereby amended to read as follows:

    105.070  1.  The Secretary of State or county recorder shall mark any security instrument and any statement of change, merger or consolidation presented for filing with the day and hour of filing and the file number assigned to it. This mark is, in the absence of other evidence, conclusive proof of the time and fact of presentation for filing.

    2.  The Secretary of State or county recorder shall retain and file all security instruments and statements of change, merger or consolidation presented for filing.

    3.  The uniform fee for filing and indexing a security instrument, or a supplement or amendment thereto, and a statement of change, merger or consolidation, and for stamping a copy of those documents furnished by the secured party or the public utility [,] to show the date and place of filing is [$15 if the document is in the standard form prescribed by the Secretary of State and otherwise is $20, plus $1 for each additional debtor or trade name.] :

    (a) Twenty dollars if the record is communicated in writing and consists of one or two pages;

    (b) Forty dollars if the record is communicated in writing and consists of more than two pages, and $1 for each page over 20 pages;

    (c) Ten dollars if the record is communicated by another medium authorized by filing-office rule; and

    (d) One dollar for each additional debtor, trade name or reference to another name under which business is done.

    Sec. 4.  NRS 105.080 is hereby amended to read as follows:

    105.080  1.  Upon the request of any person, the Secretary of State shall issue his certificate showing whether there is on file , on the date and hour stated therein, any presently effective security instrument naming a particular public utility [,] and , if there is, giving the date and hour of filing of the instrument and the names and addresses of each secured party. The uniform fee for such a certificate is [$15 if the request for the certificate is in the standard form prescribed by the Secretary of State and otherwise is $20.] :

    (a) Twenty dollars if the request is communicated in writing; and

    (b) Fifteen dollars if the request is communicated by another medium authorized by filing-office rule.

    2.  Upon request , the Secretary of State or a county recorder shall furnish a copy of any filed security instrument upon payment of the statutory fee for copies.

    Sec. 5.  NRS 108.831 is hereby amended to read as follows:

    108.831  1.  If a notice of federal lien, a refiling of a notice of federal lien [,] or a notice of revocation of any certificate described in subsection 2 is presented to the filing officer who is:

    (a) The Secretary of State, he shall cause the notice to be marked, held and indexed in accordance with the provisions of NRS 104.9519 as if the notice were a financing statement within the meaning of the Uniform Commercial Code.

    (b) Any other officer described in NRS 108.827, he shall endorse thereon his identification and the date and time of receipt and forthwith file it alphabetically or enter it in an alphabetical index showing the name of the person named in the notice and the date of receipt.

    2.  If a certificate of release, nonattachment, discharge or subordination of any federal lien is presented to the Secretary of State for filing he shall:

    (a) Cause a certificate of release or nonattachment to be marked, held and indexed as if the certificate were a termination statement within the meaning of the Uniform Commercial Code, except that the notice of lien to which the certificate relates must not be removed from the files; and

    (b) Cause a certificate of discharge or subordination to be held, marked and indexed as if the certificate were a release of collateral within the meaning of the Uniform Commercial Code.

    3.  If a refiled notice of federal lien referred to in subsection 1 or any of the certificates or notices referred to in subsection 2 is presented for filing with any other filing officer specified in NRS 108.827, he shall enter the refiled notice or the certificate with the date of filing in any alphabetical index of liens.

    4.  Upon request of any person, the filing officer shall issue his certificate showing whether there is on file, on the date and hour stated therein, any active notice of lien or certificate or notice affecting any lien filed under
NRS 108.825 to 108.837, inclusive, naming a particular person [,] and , if a notice or certificate is on file, giving the date and hour of filing of each notice or certificate. The certificate must state that it reveals active liens only. The fee for a certificate is [$15 if the statement is in the standard form prescribed by the Secretary of State and otherwise is $20.] :

    (a) Twenty dollars if the request is communicated in writing; and

    (b) Fifteen dollars if the request is communicated by another medium authorized by filing-office rule.

    5.  Upon request , the filing officer shall furnish a copy of any notice of federal lien or notice or certificate affecting a federal lien for the statutory fee for copies.”.

    Amend the title of the bill, third line, after “records;” by inserting: “revising certain fees related to certain security instruments and liens;”.

    Assemblyman Anderson moved that the Assembly concur in the Senate amendment to Assembly Bill No. 92.

    Remarks by Assemblyman Anderson.

    Mr. Speaker pro Tempore announced if there were no objections, the Assembly would recess subject to the call of the Chair.

    Assembly in recess at 2:28 p.m.

ASSEMBLY IN SESSION

    At 2:29 p.m.

    Mr. Speaker pro Tempore presiding.

    Quorum present.

    Motion carried by a two-thirds constitutional majority.

    Bill ordered to enrollment.

    Assembly Bill No. 100.

    The following Senate amendment was read:

    Amendment No. 578.

    Amend section 1, page 2, by deleting line 2 and inserting: “exceed $7,500            $150.00

If the sum claimed exceeds $7,500 but does not exceed $10,000              175.00”.

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

    “Sec. 3.  Chapter 38 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  The Supreme Court shall adopt rules to provide for the establishment of a mandatory short trial program for civil cases in the justices’ courts.

    2.  This section does not apply to the following actions and proceedings:

    (a) Actions for the possession of lands and tenements where the relation of landlord and tenant exists, when damages claimed do not exceed $10,000 or when no damages are claimed.

    (b) Actions when the possession of lands and tenements has been unlawfully or fraudulently obtained or withheld, when damages claimed do not exceed $10,000 or when no damages are claimed.

    (c) Any action for the issuance of a temporary or extended order for protection against domestic violence.

    (d) An action for the issuance of a temporary or extended order for protection against harassment in the workplace pursuant to NRS 33.200 to 33.360, inclusive.

    (e) Small claims actions under the provisions of chapter 73 of NRS.

    (f) Any action pursuant to NRS 200.591 for the issuance of a protective order against a person alleged to be committing the crime of stalking, aggravated stalking or harassment.

    3.  As used in this section, “short trial” means a trial that is conducted in accordance with procedures designed to limit the length of the trial, including, without limitation, restrictions on the amount of discovery requested by each party, the use of a jury composed of not more than six persons, and a specified limit on the amount of time each party may use to present his case.

    Sec. 4.  NRS 38.250 is hereby amended to read as follows:

    38.250  1.  Except as otherwise provided in NRS 38.310 [:] and
section 3 of this act:

    (a) All civil actions filed in district court for damages, if the cause of action arises in the State of Nevada and the amount in issue does not exceed $40,000, must be submitted to nonbinding arbitration in accordance with the provisions of NRS 38.250 to 38.259, inclusive, unless the parties have agreed to submit the action to an alternative method of resolving disputes established by the Supreme Court pursuant to NRS 38.258, including, without limitation, a settlement conference, mediation or a binding short trial, and that method has resulted in a binding disposition of the action. If an action is submitted to an alternative method of resolving disputes pursuant to this paragraph and a binding disposition of the case does not result, the action must be submitted to nonbinding arbitration, but the parties may agree to submit the action to another alternative method of resolving disputes while the nonbinding arbitration is pending or after the nonbinding arbitration has been completed.

    (b) A civil action for damages filed in justice’s court may be submitted to arbitration or to an alternative method of resolving disputes, including, without limitation, a settlement conference, mediation or a binding short trial, if the parties agree to the submission.

    2.  An agreement entered into pursuant to this section must be:

    (a) Entered into at the time of the dispute and not be a part of any previous agreement between the parties;

    (b) In writing; and

    (c) Entered into knowingly and voluntarily.

An agreement entered into pursuant to this section that does not comply with the requirements set forth in this subsection is void.

    3.  As used in this section, “short trial” means a trial that is conducted, with the consent of the parties to the action, in accordance with procedures designed to limit the length of the trial, including, without limitation, restrictions on the amount of discovery requested by each party, the use of a jury composed of not more than six persons, and a specified limit on the amount of time each party may use to present his case.”.

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

    “Sec. 6.  Section 1 of Senate Bill No. 88 of this session is hereby amended to read as follows:

    Section 1.  Chapter 3 of NRS is hereby amended by adding thereto a new section to read as follows:

    [1.]  If an action is filed in the district court and a district judge determines that the [sum claimed, exclusive of interest, does not exceed $7,500,] action is properly within the jurisdiction of the justice’s court pursuant to NRS 4.370, the district judge may transfer original jurisdiction of the action to the justice’s court.

    [2.  For the purposes of this section, “action” includes the following civil cases and proceedings and no others except as otherwise provided by specific statute:

    (a) An action arising on contract for the recovery of money only, if the sum claimed, exclusive of interest, exceeds $7,500.

    (b) An action for damages for injury to the person, or for taking, detaining or injuring personal property, or for injury to real property where no issue is raised by the verified answer of the defendant involving the title to or boundaries of the real property, if the damage claimed exceeds $7,500.

    (c) Except in actions for a fine imposed for a violation of NRS 484.757, an action for a fine, penalty or forfeiture exceeding $7,500, given by statute or the ordinance of a county, city or town, where no issue is raised by the answer involving the legality of any tax, impost, assessment, toll or municipal fine.

    (d) An action upon bonds or undertakings conditioned for the payment of money, if the sum claimed exceeds $7,500.

    (e) An action to recover the possession of personal property, if the value of the property exceeds $7,500.

    (f) To take and enter judgment on the confession of a defendant, when the amount confessed, exclusive of interest, exceeds $7,500.

    (g) Of actions for the possession of lands and tenements where the relation of landlord and tenant exists, when damages claimed exceed $7,500.

    (h) Of actions when the possession of lands and tenements has been unlawfully or fraudulently obtained or withheld, when damages claimed exceed $7,500.

    (i) Of suits for the collection of taxes, where the amount of the tax sued for exceeds $7,500.

    (j) Of actions for the enforcement of mechanics’ liens, where the amount of the lien sought to be enforced, exclusive of interest, exceeds $7,500.

    (k) Of actions for the enforcement of liens of owners of facilities for storage, where the amount of the lien sought to be enforced, exclusive of interest, exceeds $7,500.]”.

    Amend sec. 4, page 6, line 3, after “of” by inserting: “sections 1 to 5, inclusive, of”.

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

    “Sec. 8.  1.  This section and section 6 of this act become effective upon passage and approval.

    2.  Sections 1 to 5, inclusive, and 7 of this act become effective on January 1, 2005.”.

    Amend the title of the bill, second line, after “courts;” by inserting: “providing for the establishment of a mandatory short trial program for civil cases in the justices’ courts;”.

    Amend the summary of the bill to read as follows:

    “SUMMARY—Increases monetary limit of jurisdiction of justices’ courts and provides for establishment of mandatory short trial program for civil cases in justices’ courts. (BDR 1‑855)”.

    Assemblyman Anderson moved that the Assembly concur in the Senate amendment to Assembly Bill No. 100.

    Remarks by Assemblyman Anderson.

    Mr. Speaker pro Tempore announced if there were no objections, the Assembly would recess subject to the call of the Chair.

    Assembly in recess at 2:31 p.m.

ASSEMBLY IN SESSION

    At 2:33 p.m.

    Mr. Speaker pro Tempore presiding.

    Quorum present.

    Motion carried by a constitutional majority.

    Bill ordered to enrollment.

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblywoman Buckley moved that Senate Bills Nos. 424, 432, 434, 450, 465, 466, 467, 469, 470, 471, 475, 476, 478, 481, 482, 485, 486, 490, 493; Senate Joint Resolutions Nos. 3 and 4; Senate Bill No. 353 be taken from the General File and placed on the General File for the next legislative day.

    Motion carried.

    Assemblyman Mortenson moved that Senate Bill No. 144 be taken from the Chief Clerk’s desk and placed on the General File for the next legislative day.

    Motion carried.

UNFINISHED BUSINESS

Signing of Bills and Resolutions

    There being no objections, the Speaker and Chief Clerk signed
Assembly Bills Nos. 15, 51, 79, 135, 143, 149, 151, 296, 331, 530;
Senate Bills Nos. 13, 16, 37, 54, 68, 140, 141, 145, 201, 358;
Senate Concurrent Resolutions Nos. 12 and 15.

GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR

    On request of Assemblywoman Angle, the privilege of the floor of the Assembly Chamber for this day was extended to Tom Cox, John Tewell, and Faye Tewell.

    On request of Assemblywoman Gibbons, the privilege of the floor of the Assembly Chamber for this day was extended to Evan Alcorn.

    On request of Assemblyman Goicoechea, the privilege of the floor of the Assembly Chamber for this day was extended to Heidi Emke-Williams, Mary Karrasch, Thomas Baker, Janice Bense, Karen Keese, Audrey Coates, Tammy McBeth, David Hammond, Jeremy Crocker, Carlos Davila, Chezlynn Fosmo, Amity Hammond, Kevin Lankford, Scott Llewellyn, Brendan McBeth, Desiree McIntosh, Daniella Miller, Jordan Mize,
Trinette Requena, Kevin Spears, Derrick Stanford, Katelynn Wegner, Nicholas Wilburn, Colton Oviatt, Hannah Kimball, Bo Bettinson,
Stephanie Phillips, Casey Lewin, Jonathan Baker, Dean Chavez,
Jacob DeWitt, Amanda Fiedler, Randy Garcia, Logan Glover, Sarah Graf, Adam Hjerstedt, Myriah Keeso, Matt Ketchum, Joeseph Kuhl, Kendra Lords, Caitlyn Marsh, Deanna McIntosh, Richard Orr, Taylor Robertson,
Ty Rupley, Anthony Smith, Thomas Summerbell, and Aaron Thomas.

    On request of Assemblyman Horne, the privilege of the floor of the Assembly Chamber for this day was extended to Brenda Horne and
William Henry Horne II.

    Assemblywoman Buckley moved that the Assembly adjourn until Wednesday, May 21, 2003, at 11:00 a.m. and do so in the memory of
Herman Fisher.

    Motion carried.

    Assembly adjourned at 2:38 p.m. 

Approved:                                                                Richard D. Perkins

                                                                                  Speaker of the Assembly

Attest:    Jacqueline Sneddon

                    Chief Clerk of the Assembly