Carson City (Friday), May 23, 1997

Senate called to order at 9:43 a.m.
President pro Tempore Jacobsen presiding.
Roll called.
All present.

Prayer by the Chaplain, The Reverend Richard Campbell.
Almighty and most gracious God: it is to You that we look for every good and perfect gift. It is to You that we direct our thanksgiving this day. We give thanks for a night of rest and the beauty of a new day. Be present with us and guide us. Make us aware of the needs of the people and grant us wisdom, compassion and love to serve them in our actions. Bless this senate, give them strength and courage to do Your will. We pray in Your Name.

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.

Randolph J. Townsend,

Chairman

Mr. President pro Tempore:
Your Committee on Judiciary, to which were referred Senate Bill No. 258, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Mark A. James,

Chairman

Assembly Chamber, Carson City, May 22, 1997

To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day adopted Senate Concurrent Resolutions Nos. 40, 41, 42.
Also, I have the honor to inform your honorable body that the Assembly on this day passed Assembly Bill No. 310.
Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bills Nos. 190, 379.
Also, I have the honor to inform your honorable body that the Assembly on this day appointed Assemblymen Williams, Buckley and Amodei as a first Committee on Conference concerning Assembly Bill No. 29.

Jacqueline Sneddon

Assistant Chief Clerk of the Assembly

By Senator Titus:
Senate Bill No. 420--An Act relating to wild horses; increasing the penalty for killing a wild horse; and providing other matters properly relating thereto.
Senator Titus moved that the bill be referred to the Committee on Natural Resources.
Motion carried.

By the Committee on Taxation:
Senate Bill No. 421--An Act relating to taxation; revising the provisions governing the method for determining the taxable value of certain property for purposes of property taxes; and providing other matters properly relating thereto.
Senator McGinness moved that the bill be referred to the Committee on Taxation.
Motion carried.

Assembly Bill No. 190.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.

Assembly Bill No. 310.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.

Assembly Bill No. 379.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.

Senate Bill No. 275.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 383.
Amend section 1, page 1, lines 3 and 4, by deleting:
"in private employment ".
Amend section 1, page 1, by deleting line 5 and inserting:
"of:
(a) Providing affordable child care for his employees at the location of employment or at another location that is conveniently accessible; or
(b) Reimbursing his employees for all or a portion of the costs of obtaining conveniently accessible child care,
if at least ".
Amend section 1, page 1, by deleting lines 7 through 13 and inserting:
"the employer shall notify the employees of his findings and submit a report of those findings to the labor commissioner.
2. An employer is not required to conduct a study described in subsection 1 if he:
(a) Has conducted such a study within the preceding 12 months; or
(b) Submits satisfactory evidence to the labor commissioner that he is currently providing child care for his employees or is reimbursing his employees for all or a portion of the costs of obtaining child care.
3. The labor commissioner shall adopt such regulations as are necessary to carry out the provisions of this section, including, without limitation:
(a) The deadline for notifying employees of the findings of a study requested pursuant to subsection 1 and submitting the report of his findings to the labor commissioner; and
(b) The information that must be included in the report submitted to the labor commissioner.".
Amend the title of the bill to read as follows:

"An Act relating to labor; requiring certain employers to conduct a study to determine the feasibility of providing child care for their employees or reimbursing their employees for the costs of obtaining child care under certain circumstances; providing a penalty; and providing other matters properly relating thereto.".

Amend the summary of the bill, second line, after "employees" by inserting:

"or reimbursing employees for costs of obtaining child care".

Senate Bill No. 296.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 364.
Amend the bill as a whole by deleting sections 1 through 4 and renumbering sec. 5 as section 1.
Amend sec. 5, page 2, line 21, by deleting:
"or greater than".
Amend sec. 5, page 2, line 34, by deleting:
"section 2 of this act," and inserting:
"NRS 40.140,".
Amend the bill as a whole by deleting sections 6 and 7 and adding new sections designated sections 2 and 3, following sec. 5, to read as follows:
"Sec. 2. NRS 40.140 is hereby amended to read as follows:
40.140 1. Except as otherwise provided in [subsection 2,] this section, anything which is injurious to health, or indecent and offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, is a nuisance, and the subject of an action. The action may be brought by any person whose property is injuriously affected, or whose personal enjoyment is lessened by the nuisance, and by the judgment the nuisance may be enjoined or abated, as well as damages recovered.
2. It is presumed:
(a) That an agricultural activity conducted on farmland, consistent with good agricultural practice and established before surrounding nonagricultural activities is reasonable. Such activity does not constitute a nuisance unless the activity has a substantial adverse effect on the public health or safety.
(b) That an agricultural activity which does not violate a federal, state or local law, ordinance or regulation constitutes good agricultural practice.
3. A shooting range does not constitute a nuisance with respect to any noise attributable to the shooting range if the shooting range is in compliance with the provisions of all applicable statutes, ordinances and regulations concerning noise as those provisions existed on October 1, 1997.
4. As used in this section, "shooting range" means an area designed and used for archery or sport shooting, including, but not limited to, sport shooting that involves the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder or other similar items.
Sec. 3. NRS 202.450 is hereby amended to read as follows:
202.450 1. A public nuisance is a crime against the order and economy of the state.
2. Every place:
(a) Wherein any gambling, bookmaking or pool selling is conducted without a license as provided by law, or wherein any swindling game or device, or bucket shop, or any agency therefor is conducted, or any article, apparatus or device useful therefor is kept;
(b) Wherein any fighting between animals or birds is conducted;
(c) Wherein any dog races are conducted without a license as provided by law;
(d) Wherein any intoxicating liquors are kept for unlawful use, sale or distribution; or
(e) Where vagrants resort,
is a public nuisance.
3. Every act unlawfully done and every omission to perform a duty, which act or omission:
(a) Annoys, injures or endangers the safety, health, comfort or repose of any considerable number of persons;
(b) Offends public decency;
(c) Unlawfully interferes with, befouls, obstructs or tends to obstruct, or renders dangerous for passage, a lake, navigable river, bay, stream, canal, ditch, millrace or basin, or a public park, square, street, alley, bridge, causeway or highway; or
(d) In any way renders a considerable number of persons insecure in life or the use of property,
is a public nuisance.
4. Agricultural activity conducted on farmland consistent with good agricultural practice and established before surrounding nonagricultural activities is not a public nuisance unless it has a substantial adverse effect on the public health or safety. It is presumed that an agricultural activity which does not violate a federal, state or local law, ordinance or regulation constitutes good agricultural practice.
5. A shooting range is not a public nuisance with respect to any noise attributable to the shooting range if the shooting range is in compliance with the provisions of all applicable statutes, ordinances and regulations concerning noise as those provisions existed on October 1, 1997.
6. As used in this section, "shooting range" has the meaning ascribed to it in NRS 40.140.".
Amend the title of the bill, by deleting the first and second lines and inserting:

"An Act relating to shooting ranges; providing that a shooting range does not constitute a nuisance in certain circumstances; requiring compensation for the cost of relocating a".

"Summary--Makes various changes concerning shooting ranges. (BDR 3-1347)".

Senate Bill No. 297.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 434.
Amend sec. 2, page 1, by deleting lines 8 through 10 and inserting:
"(1) States the name of the corporation;
(2) Describes the document, including, without limitation, its filing date;
(3) Specifies the incorrect statement and the reason it is incorrect or".
Amend sec. 2, page 1, by deleting lines 12 and 13 and inserting:
"defective;
(4) Corrects the incorrect statement or defective execution; and
(5) Is signed by an officer of the corporation; and ".
Amend sec. 6, page 4, by deleting lines 11 and 12 and inserting:
"requires, include all certificates filed pursuant to NRS 78.030, 78.195, [78.207,] 78.380, 78.385, 78.390 [,] and section 4 of this act and any".
Amend sec. 8, pages 5 and 6, by deleting sec. 8 and inserting:
"Sec. 8. (Deleted by amendment.)".
Amend sec. 10, page 8, by deleting lines 5 through 39 and inserting:
"78.1401. [No] A contract or other transaction is not void or voidable solely because:
(a) The contract or transaction is between a corporation and [one] :
(1) One or more of its directors or officers [, or between a corporation and any] ; or
(2) Another corporation, firm or association in which one or more of its directors or officers are directors or officers or are financially interested [, is void or voidable solely for this reason or solely because any such] ;
(b) A common or interested director or officer [is] :
(1) Is present at the meeting of the board of directors or a committee thereof which authorizes or approves the contract or transaction [, or because the] ; or
(2) Joins in the execution of a written consent which authorizes or approves the contract or transaction pursuant to subsection 2 of NRS 78.315; or
(c) The vote or votes of a common or interested [directors] director are counted for [that purpose,] the purpose of authorizing or approving the contract or transaction,
if one of the circumstances specified in [any of the following paragraphs exist:] subsection 2 exists.
2. The circumstances in which a contract or other transaction is not void or voidable pursuant to subsection 1 are:
(a) The fact of the common directorship, office or financial interest is [disclosed or] known to the board of directors or committee , [and noted in the minutes,] and the board or committee authorizes, approves or ratifies the contract or transaction in good faith by a vote sufficient for the purpose without counting the vote or votes of the common or interested director or directors.
(b) The fact of the common directorship, office or financial interest is [disclosed or] known to the stockholders, and they approve or ratify the contract or transaction in good faith by a majority vote of stockholders holding a majority of the voting power. The votes of the common or interested directors or officers must be counted in any such vote of stockholders.
(c) The fact of the common directorship, office or financial interest is [not disclosed or] known to the director or officer at the time the transaction is brought before the board of directors of the corporation for action.
(d) The contract or transaction is fair as to the corporation at the time it is authorized or approved.
[2.] 3. Common or interested directors may be counted in determining the presence of a quorum at a meeting of the board of directors or a committee thereof which authorizes, approves or ratifies a contract or transaction, and if the votes of the common or interested directors are not counted at the meeting, then a majority of the disinterested directors may authorize, approve or ratify a contract or transaction.
[3.] 4. Unless otherwise provided in the articles of incorporation or the".
Amend sec. 11, page 9, line 29, by deleting "that" and inserting "any".
Amend sec. 11, page 9, line 32, after "series" by inserting:
"whose preference or rights are".
Amend sec. 12, page 10, by deleting lines 38 and 39 and inserting:
"another entity, the majority of whose outstanding voting power to elect its general partner, directors, managers or members of the governing body is".
Amend sec. 12, page 10, line 40, by inserting an italicized comma after "corporation".
Amend sec. 14, page 11, by deleting lines 32 through 37 and inserting:
"(a) [Stockholders holding at least a] A majority of the voting power [are necessary to constitute] , which includes the voting power that is present in person or by proxy, regardless of whether the proxy has authority to vote on all matters, constitutes a quorum for the transaction of business; and
(b) [The vote of stockholders who hold at least a majority of the voting power present at a meeting at which a quorum is present is the act of the stockholders.] Action by the stockholders on a matter other than the election of directors is approved if the number of votes cast in favor of the action exceeds the number of votes cast in opposition to the action.".
Amend sec. 15, page 12, line 23, by deleting "must" and inserting "may".
Amend sec. 17, page 14, by deleting lines 35 and 36 and inserting:
"(a) The names, addresses, signatures and acknowledgments of the incorporators;
(b) The names and addresses of the members of the past and present boards of directors; and ".
Amend sec. 19, page 17, line 17, by deleting "act," and inserting "[act,] action,".
Amend sec. 20, page 18, line 10, after "the" by inserting:
"corporation's authorized stock or a certificate of correction that increases the".
Amend sec. 20, page 18, line 17, after "incorporation" by inserting:
"that does not increase the corporation's authorized stock or a certificate of correction".
Amend sec. 21, page 18, by deleting lines 28 through 30 and inserting:
"(1) States the name of the corporation;
(2) Describes the document, including, without limitation, its filing date;
(3) Specifies the incorrect statement and the reason it is incorrect or".
Amend sec. 21, page 18, by deleting lines 32 and 33 and inserting:
"defective;
(4) Corrects the incorrect statement or defective execution; and
(5) Is signed by an officer of the corporation; and ".
Amend sec. 22, page 19, line 24, by deleting "80.280," and inserting "80.270,".
Amend sec. 24, page 20, by deleting lines 10 and 11 and inserting:
"accept this chapter by adopting a resolution reviving the expired charter and adopting new articles of incorporation conforming to this".
Amend sec. 24, page 20, line 13, after "organized." by inserting:
"The new articles of incorporation need not contain the names, addresses, signatures or acknowledgments of the incorporators.".
Amend sec. 24, page 20, lines 15 and 16, by deleting:
"and by the secretary or an assistant secretary".
Amend sec. 24, page 20, by deleting lines 23 through 25.
Amend sec. 24, page 20, line 26, by deleting "(d)" and inserting "(c)".
Amend sec. 24, page 20, line 28, by deleting "charter" and inserting:
"articles of incorporation".
Amend sec. 24, page 20, line 31, by deleting "(e)" and inserting "(d)".
Amend sec. 24, page 20, line 33, by deleting "(f)" and inserting "(e)".
Amend sec. 24, page 20, by deleting line 42.
Amend sec. 24, page 20, line 43, by deleting "The" and inserting "5. The".
Amend sec. 24, pages 20 and 21, by deleting line 44 on page 20 and line 1 on page 21, and inserting:
"certificate. The corporation's existence continues from the date of expiration of the original term, with all the corporation's rights,".
Amend sec. 31, page 23, line 40, by deleting:
"32, 33 and 34" and inserting:
"32 to 34.5, inclusive,".
Amend sec. 34, page 25, line 3, by deleting "A" and inserting:
"Except as otherwise provided in chapter 463 of NRS, the articles of organization or the operating agreement, a".
Amend the bill as a whole by adding a new section designated sec. 34.5, following sec. 34, to read as follows:
"Sec. 34.5. 1. Except as otherwise provided by statute, an agency, board or commission that regulates an occupation or profession pursuant to Title 54, 55 or 56 of NRS may grant a license to a limited-liability company or a foreign limited-liability company if the agency, board or commission is authorized to grant a license to a corporation formed pursuant to chapter 78 of NRS.
2. An agency, board or commission that makes a license available to a limited-liability company or foreign limited-liability company pursuant to subsection 1 shall adopt regulations:
(a) Listing the persons in the limited-liability company or foreign limited-liability company who must qualify for the license or indicating that the agency, board or commission will use other means to determine whether the limited-liability company or foreign limited-liability company qualifies for a license;
(b) Listing the persons who may engage in the activity for which the license is required on behalf of the limited-liability company or foreign limited-liability company;
(c) Indicating whether the limited-liability company or foreign limited-liability company may engage in a business other than the business for which the license is required;
(d) Listing the changes, if any, in the management or control of the limited-liability company or foreign limited-liability company that require notice, review, approval or other action by the agency, board or commission;
(e) Setting forth the conditions under which a limited-liability company or foreign limited-liability company may obtain a license.
3. An agency, board or commission that adopts regulations pursuant to subsection 2 shall not impose a restriction or requirement on a limited-liability company or foreign limited-liability company which is significantly different from or more burdensome than the restrictions or requirements imposed on a partnership or corporation.".
Amend sec. 44, page 28, by deleting sec. 44 and inserting:
"Sec. 44. (Deleted by amendment.)".
Amend sec. 51, page 31, by deleting lines 18 and 19 and inserting:
"NRS or other applicable law.
2. The]
2. If a member has a right to resign or withdraw, the amount that a resigning or withdrawing member is entitled to".
Amend sec. 77, pages 42 and 43, by deleting sec. 77 and inserting:
"Sec. 77. (Deleted by amendment.)".
Amend sec. 83, page 45, line 20, by deleting:
"25 and 26" and inserting:
"25, 26 and 30".
Amend sec. 83, page 45, line 22, by deleting "and 27" and inserting:
"27, 28, 29 and 31".
Senator James moved the adoption of the amendment.
Remarks by Senator James.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 325.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 324.
Amend sec. 3, page 1, by deleting sec. 3 and inserting:
"Sec. 3. (Deleted by amendment.)".
Amend sec. 9, page 2, line 10, by deleting "department;" and inserting:
"department or a police department of an incorporated city;".
Amend sec. 10, page 2, by deleting lines 17 through 20 and inserting:
"Sec. 10. "Program" means the program established within the central repository pursuant to section 18 of this act to provide the public with access to certain information contained in the statewide registry.".
Amend the bill as a whole by adding a new section designated sec. 11.5, following sec. 11, to read as follows:
"Sec. 11.5. "Requester" means a person who requests information from the program.".
Amend sec. 12, page 2, by deleting lines 23 and 24 and inserting:
"Sec. 12. "Sex offender" has the meaning ascribed to it in section 47 of this act.".
Amend sec. 15, page 2, by deleting lines 30 and 31 and inserting:
"Sec. 15. "Subject of the search" means the person about whom a requester seeks information.".
Amend sec. 16, page 2, by deleting sec. 16 and inserting:
"Sec. 16. (Deleted by amendment.)".
Amend sec. 17, page 3, line 3, by deleting "The" and inserting:
"On or before January 1, 1998, the".
Amend the bill as a whole by deleting sections 18 and 19 and inserting new sections designated sections 18 and 19, following sec. 17, to read as follows:
"Sec. 18. 1. On or before January 1, 1998, the department shall, in a manner prescribed by the director, establish within the central repository a program to provide the public with access to certain information contained in the statewide registry.
2. Before a search of the statewide registry is conducted on behalf of a requester seeking information from the program, the requester must provide his name, address and telephone number and the following information concerning the identity of the subject of the search:
(a) The name of the subject of the search and at least one of the following items:
(1) The social security number of the subject of the search;
(2) The identification number from a driver's license or an identification card issued to the subject of the search by this state; or
(3) The date of birth of the subject of the search; or
(b) The name and address of the subject of the search and all of the following items:
(1) The race or ethnicity of the subject of the search;
(2) The hair color and eye color of the subject of the search;
(3) The approximate height and weight of the subject of the search; and
(4) The approximate age of the subject of the search.
After conducting a search based upon information provided pursuant to paragraph (a) or (b), the central repository may require the requester to provide additional information to confirm the identity of the subject of the search. The additional information may include, but is not limited to, the license number from a motor vehicle frequently driven by the subject of the search, the employer of the subject of the search or any information listed in paragraph (a) or (b) that was not provided for the initial search.
3. After conducting a search of the statewide registry on behalf of a requester, the central repository shall inform the requester that:
(a) No person listed in the statewide registry matches the information provided by the requester concerning the identity of the subject of the search;
(b) The requester needs to provide additional information concerning the identity of the subject of the search before the central repository may disclose the results of the search; or
(c) A person listed in the statewide registry matches the information provided by the requester concerning the identity of the subject of the search. If a search of the statewide registry results in a match pursuant to this paragraph, the central repository shall inform the requester of each offense for which the subject of the search was convicted and the date and location of each conviction. The central repository shall not provide the requester with any other information that is included in the record of registration for the subject of the search.
4. For each inquiry to the program, the central repository shall:
(a) Charge a fee to the requester;
(b) Maintain a log of the information provided by the requester to the central repository and the information provided by the central repository to the requester; and
(c) Inform the requester that information obtained through the program may not be used to violate the law or the individual rights of another person and that such misuse of information obtained through the program may subject the requester to criminal prosecution or civil liability for damages.
5. A person may not use information obtained through the program as a substitute for information relating to sexual offenses that must be provided by the central repository pursuant to NRS 179A.190 to 179A.240, inclusive, or another provision of law.
Sec. 19. All money received by the central repository from operation of the program must be used as provided in subsection 3 of NRS 179A.140.".
Amend sec. 20, page 5, line 29, after "disclosure" by inserting "of ".
Amend sec. 20, page 5, line 36, after "disclosure" by inserting "of ".
Amend sec. 26, page 6, by deleting lines 8 and 9 and inserting:
"Sec. 26. "Local law enforcement agency" means:
1. The sheriff's office of a county;
2. A metropolitan police department; or
3. A police department of an incorporated city.".
Amend sec. 27, page 6, by deleting lines 27 and 28 and inserting:
"prosecuted in:
(a) A tribal court.
(b) A court of the United States or the Armed Forces of the United States.".
Amend sec. 29, page 6, between lines 34 and 35, by inserting:
"3. Release from confinement in a school, hospital, mental facility or other institution.".
Amend sec. 31, page 7, line 3, by deleting:
"the State of Nevada;" and inserting:
"this state or any other jurisdiction;".
Amend sec. 32, page 8, line 4, by deleting "department;" and inserting:
"department or a police department of an incorporated city;".
Amend the bill as a whole by adding a new section designated sec. 32.5, following sec. 32, to read as follows:
"Sec. 32.5. Upon receiving from the division, pursuant to sections 22 to 60, inclusive, of this act:
1. A record of registration;
2. Fingerprints or a photograph of an offender;
3. A new address of an offender; or
4. Any other updated information,
the central repository shall immediately provide the record of registration, fingerprints, photograph, new address or updated information to the Federal Bureau of Investigation.".
Amend sec. 34, page 8, by deleting lines 17 through 27 and inserting:
"1. Kidnaping pursuant to NRS 200.310 to 200.340, inclusive, unless the offender is the parent of the victim.
2. False imprisonment pursuant to NRS 200.460, unless the offender is the parent of the victim.
3. An offense involving pandering or prostitution pursuant to NRS 201.300 to 201.340, inclusive.
4. An attempt to commit an offense listed in this section.
5. An offense committed in another jurisdiction that, if committed in this state, would be an offense listed in this section. This subsection includes, but is not limited to, an offense prosecuted in:
(a) A tribal court.
(b) A court of the United States or the Armed Forces of the United States.".
Amend sec. 36, page 8, by deleting lines 40 and 41 and inserting:
"otherwise will not be incarcerated or confined, the central repository shall immediately provide a copy of the record of registration for the offender to the local law".
Amend sec. 36, page 9, by deleting lines 3 through 21 and inserting:
"3. If the offender named in the notice is incarcerated or confined, before the offender is released:
(a) The division shall:
(1) Inform the offender of the requirements for registration, including, but not limited to:
(I) The duty to register in this state and, if he moves from this state to another jurisdiction, the duty to register with the appropriate law enforcement agency in the other jurisdiction if the other jurisdiction requires registration; and
(II) The duty to notify the division, in writing, if he changes the address at which he resides, including if he moves from this state to another jurisdiction;
(2) Require the offender to read and sign a form confirming that the requirements for registration have been explained to him; and
(3) Update the record of registration for the offender and provide a copy of the record of registration to the central repository; and
(b) The central repository shall provide a copy of the record of registration for the offender to the local law enforcement agency in whose jurisdiction the offender will reside upon release or, if the offender will reside upon release in a jurisdiction which is outside of this state and which requires registration, to the appropriate law enforcement agency in that jurisdiction.".
Amend sec. 36, page 9, line 25, by deleting:
"paragraphs (b) and (c)" and inserting "paragraph (a)".
Amend sec. 36, page 9, line 27, by deleting:
"paragraphs (b) and (c)" and inserting "paragraph (a)".
Amend sec. 36, page 9, by deleting lines 30 through 35 and inserting:
"6. If the central repository receives notice from another jurisdiction or the Federal Bureau of Investigation that an offender convicted of a crime against a child is now residing within this state:
(a) The central repository shall immediately notify the division and the local law enforcement agency in whose jurisdiction the offender resides;
(b) The division shall establish a record of registration for the offender and provide a copy of the record of registration to the central repository; and
(c) The central repository shall provide a copy of the record of registration for the offender to the local law enforcement agency in whose jurisdiction the offender resides.".
Amend sec. 37, pages 9 and 10, by deleting lines 41 through 43 on page 9 and lines 1 through 3 on page 10 and inserting:
"or is present for 48 hours or more within:
(a) A county; or
(b) An incorporated city that does not have a city police department,
the offender shall register with the sheriff's office of the county or, if the county or the city is within the jurisdiction of a metropolitan police department, the metropolitan police department, not later than 48 hours after arriving or establishing a residence within the county or the city.
3. If the offender resides or is present for 48 hours or more within an incorporated city that has a city police department, the offender shall register with the city police department not later than 48 hours after arriving".
Amend sec. 37, page 10, by deleting lines 19 through 22, and inserting:
"established a record of registration for the offender:
(a) The division shall establish a record of registration for the offender and provide a copy of the record of registration to the central repository; and
(b) The central repository shall provide a copy of the record of registration for the offender to the local law enforcement agency in whose jurisdiction the offender resides.".
Amend sec. 38, page 10, line 34, after "state," by inserting:
"the central repository".
Amend sec. 38, page 10, line 40, after "registration," by inserting:
"the central repository".
Amend sec. 39, page 11, line 3, by deleting "division" and inserting "central repository".
Amend sec. 39, page 11, line 6, by deleting "division" and inserting "central repository".
Amend sec. 39, page 11, by deleting lines 13 through 18 and inserting:
"driven by him. The central repository shall provide all updated information to the division and the local law enforcement agency in whose jurisdiction the offender resides.
3. If the central repository does not receive a verification form from an offender and otherwise cannot verify the address or location of the offender, the central repository shall immediately notify the division and the local law enforcement agency in whose jurisdiction the offender last resided.
4. The central repository is not required to complete the mailing pursuant to.".
Amend sec. 41, page 12, line 9, by deleting:
"division or a local law" and inserting:
"division, the central repository or a local law".
Amend sec. 45, page 12, by deleting lines 28 through 32 and inserting:
"Sec. 45. "Qualified professional" means a person who has received training in evaluating sex offenders and is:
1. A psychiatrist licensed to practice medicine in this state and certified by the American Board of Psychiatry and Neurology; or
2. A psychologist licensed to practice in this state.".
Amend sec. 48, page 13, by deleting lines 21 and 22 and inserting:
"includes, but is not limited to, an offense prosecuted in:
(a) A tribal court.
(b) A court of the United States or the Armed Forces of the United States.".
Amend sec. 49, page 13, by deleting lines 36 and 37 and inserting:
"is not limited to, an offense prosecuted in:
(a) A tribal court.
(b) A court of the United States or the Armed Forces of the United States.".
Amend sec. 51, page 14, by deleting lines 2 and 3 and inserting:
"section 82.5 of this act that a sex offender has been convicted of a sexual offense or pursuant to section 91 of this act that a juvenile sex offender has been deemed to be an adult sex offender, the division shall:".
Amend sec. 51, page 14, by deleting lines 13 and 14 and inserting:
"otherwise will not be incarcerated or confined or if the sex offender named in the notice has been deemed to be an adult sex offender pursuant to section 91 of this act and is not otherwise incarcerated or confined:
(a) The central repository shall immediately provide a copy of the record of registration for the sex offender to the".
Amend sec. 51, page 14, line 16, by deleting "will reside" and inserting "resides".
Amend sec. 51, page 14, line 19, after "notification," by inserting:
"the division shall".
Amend sec. 51, pages 14 and 15, by deleting lines 23 through 43 on page 14 and lines 1 and 2 on page 15 and inserting:
"3. If the sex offender named in the notice is incarcerated or confined, before the sex offender is released:
(a) The division shall:
(1) Inform the sex offender of the requirements for registration, including, but not limited to:
(I) The duty to register in this state and, if he moves from this state to another jurisdiction, the duty to register with the appropriate law enforcement agency in the other jurisdiction if the other jurisdiction requires registration;
(II) The duty to notify the division, in writing, if he changes the address at which he resides, including if he moves from this state to another jurisdiction;
(2) Require the sex offender to read and sign a form confirming that the requirements for registration have been explained to him;
(3) Update the record of registration for the sex offender and provide a copy of the record of registration to the central repository; and
(4) If the sex offender is subject to community notification, arrange for the assessment of the risk of recidivism of the sex offender pursuant to the guidelines and procedures for community notification established by the attorney general pursuant to sections 61 to 76, inclusive, of this act; and
(b) The central repository shall provide a copy of the record of registration for the sex offender to the local law enforcement agency in whose jurisdiction the sex offender will reside upon release or, if the sex offender will reside upon release in a jurisdiction which is outside of this state and which requires registration, to the appropriate law enforcement agency in that jurisdiction.".
Amend sec. 51, page 15, line 6, by deleting:
"paragraphs (b) and (c)" and inserting "paragraph (a)".
Amend sec. 51, page 15, line 8, by deleting:
"paragraphs (b) and (c)" and inserting "paragraph (a)".
Amend sec. 51, page 15, by deleting lines 11 through 17 and inserting:
"6. If the central repository receives notice from another jurisdiction or the Federal Bureau of Investigation that a sex offender is now residing within this state:
(a) The central repository shall immediately notify the division and the local law enforcement agency in whose jurisdiction the sex offender resides;
(b) The division shall establish a record of registration for the sex offender and provide a copy of the record of registration to the central repository;
(c) The central repository shall provide a copy of the record of registration for the sex offender to the local law enforcement agency in whose jurisdiction the sex offender resides; and
(d) If the sex offender is subject to community notification, the division shall arrange for".
Amend sec. 52, page 15, by deleting lines 26 through 31 and inserting:
"resides or is present for 48 hours or more within:
(a) A county; or
(b) An incorporated city that does not have a city police department,
the sex offender shall register with the sheriff's office of the county or, if the county or the city is within the jurisdiction of a metropolitan police department, the metropolitan police department, not later than 48 hours after arriving or establishing a residence within the county or the city.
3. If the sex offender resides or is present for 48 hours or more within an incorporated city that has a city police department, the sex offender shall register with the city police department not later than 48 hours".
Amend sec. 52, page 16, by deleting lines 3 through 9 and inserting:
"established a record of registration for the sex offender:
(a) The division shall establish a record of registration for the sex offender and provide a copy of the record of registration to the central repository;
(b) The central repository shall provide a copy of the record of registration for the sex offender to the local law enforcement agency in whose jurisdiction the sex offender resides; and
(c) If the sex offender is subject to community notification and has not otherwise been assigned a level of notification, the division shall arrange for".
Amend sec. 53, page 16, line 24, after "state," by inserting:
"the central repository".
Amend sec. 53, page 16, line 30, after "registration," by inserting:
"the central repository".
Amend sec. 54, page 16, line 36, by deleting "division" and inserting "central repository".
Amend sec. 54, page 16, line 39, by deleting "division" and inserting "central repository".
Amend sec. 54, page 16, line 43, by deleting "division" and inserting "central repository".
Amend sec. 54, page 17, line 2, by deleting "division" and inserting "central repository".
Amend sec. 54, page 17, by deleting lines 9 through 15 and inserting:
"frequently driven by him. The central repository shall provide all updated information to the division and the local law enforcement agency in whose jurisdiction the sex offender resides.
4. If the central repository does not receive a verification form from a sex offender and otherwise cannot verify the address or location of the sex offender, the central repository shall immediately notify the division and the local law enforcement agency in whose jurisdiction the sex offender last resided.
5. The central repository is not required to complete the mailing pursuant to.".
Amend sec. 56, page 18, by deleting lines 28 and 29 and inserting:
"registration and community notification as a sex offender pursuant to the".
Amend sec. 57, page 19, by deleting lines 6 through 8 and inserting:
"predator. After such a declaration, the sex offender remains subject to registration and community notification as a sex offender pursuant to the".
Amend sec. 59, page 19, by deleting sec. 59 and inserting:
"Sec. 59. (Deleted by amendment.)".
Amend sec. 60, page 19, line 28, by deleting:
"division or a local law" and inserting:
"division, the central repository or a local law".
Amend sec. 63, page 20, by deleting lines 27 and 28 and inserting:
"includes, but is not limited to, an offense prosecuted in:
(a) A tribal court.
(b) A court of the United States or the Armed Forces of the United States.".
Amend sec. 71, page 22, by deleting lines 27 through 29 and inserting:
"2. If the sex offender is assigned a Tier 2 or Tier 3 level of notification and the sex offender has committed a sexual offense against a person less than 18 years of age, the law enforcement agency in whose jurisdiction".
Amend sec. 73, page 23, by deleting lines 4 and 5 and inserting:
"Sec. 73. 1. If a sex offender has been assigned a level of notification pursuant to sections 61 to 76, inclusive, of this act and the sex offender:".
Amend sec. 73, page 23, by deleting line 12 and inserting:
"reasonable apprehension of harm,
the level of notification assigned to the sex offender may be changed in accordance with the guidelines and procedures established by the attorney general pursuant to sections 61 to 76, inclusive, of this act.".
Amend sec. 76, page 24, line 7, by deleting "section 91" and inserting:
"sections 90.2 to 91.2, inclusive,".
Amend sec. 76, page 24, line 14, by deleting "section 91" and inserting:
"sections 90.2 to 91.2, inclusive,".
Amend sec. 76, page 24, by deleting lines 19 through 25 and inserting:
"3. Each person who is conducting an assessment of the risk of recidivism of a juvenile sex offender must be given access to all records of the juvenile sex offender that are necessary to conduct the assessment, including, but not limited to, records compiled pursuant to chapter 62 of NRS, and the juvenile sex offender shall be deemed to have waived all rights of confidentiality and all privileges relating to those records for the limited purpose of the assessment.".
Amend sec. 77, page 24, line 30, by deleting:
"obtained or maintained" and inserting:
"obtained, maintained or disclosed".
Amend sec. 77, page 24, line 33, after "disclosure" by inserting "of".
Amend sec. 81, page 26, line 21, by deleting:
"82 and 83" and inserting:
"81.1 to 83.7, inclusive,".
Amend the bill as a whole by adding new sections designated sections 81.1 through 81.9, following sec. 81, to read as follows:
"Sec. 81.1. As used in sections 81.1 to 82.5, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 81.3 to 81.9, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 81.3. "Central repository" means the central repository for Nevada records of criminal history.
Sec. 81.5. "Crime against a child" has the meaning ascribed to it in section 34 of this act.
Sec. 81.7. "Record of registration" has the meaning ascribed to it in section 28 of this act.
Sec. 81.9. "Sexual offense" has the meaning ascribed to it in section 48 of this act.".
Amend sec. 82, page 26, line 25, before "may" by inserting:
"and the central repository".
Amend sec. 82, page 26, by deleting lines 30 and 31 and inserting:
"another jurisdiction, the duty to register with the appropriate law enforcement agency in the other".
Amend sec. 82, page 27, by deleting lines 1 through 8 and inserting:
"established a record of registration for the defendant and has provided a copy of the record of registration to the central repository pursuant to section 36 ".
Amend the bill as a whole by adding a new section designated sec. 82.5, following sec. 82, to read as follows:
"Sec. 82.5. 1. If a defendant is convicted of a sexual offense, the court shall, before imposing sentence:
(a) Notify the division of the conviction of the defendant, so the division and the central repository may carry out the provisions for registration of the defendant pursuant to section 51 of this act.
(b) Inform the defendant of the requirements for registration, including, but not limited to:
(1) The duty to register in this state and, if he moves from this state to another jurisdiction, the duty to register with the appropriate law enforcement agency in the other jurisdiction if the other jurisdiction requires registration; and
(2) The duty to notify the division, in writing, if he changes the address at which he resides, including if he moves from this state to another jurisdiction.
(c) Require the defendant to read and sign a form stating that the requirements for registration have been explained to him.
The failure to provide the defendant with the information or confirmation form required by paragraphs (b) and (c) does not affect the duty of the defendant to register and to comply with all other provisions for registration pursuant to sections 42 to 60, inclusive, of this act.
2. If the sexual offense is an offense for which the suspension of sentence or the granting of probation is permitted, the court may not enter an order granting probation or suspending the sentence until the division has established a record of registration for the defendant and has provided a copy of the record of registration to the central repository pursuant to section 51 of this act.".
Amend the bill as a whole by adding new sections designated sections 83.3 through 83.7, following sec. 83, to read as follows:
"Sec. 83.3. As used in sections 83.3, 83.5 and 83.7 of this act and NRS 176.111, unless the context otherwise requires, "CODIS" means the Combined DNA Indexing System operated by the Federal Bureau of Investigation.
Sec. 83.5. 1. The board of county commissioners of each county shall designate a forensic laboratory to conduct or oversee for the county any genetic marker testing that is ordered pursuant to NRS 176.111.
2. The forensic laboratory designated by the board of county commissioners pursuant to subsection 1:
(a) Must be operated by this state or one of its political subdivisions; and
(b) Must satisfy or exceed the standards for quality assurance that are established by the Federal Bureau of Investigation for participation in CODIS.
Sec. 83.7. 1. If the court orders that samples of blood be obtained from a defendant pursuant to NRS 176.111, the court, in addition to any other penalty, shall order the defendant, to the extent of his financial ability, to pay the sum of $250 as a fee for obtaining the samples of blood and for conducting the analysis to determine the genetic markers of the blood. The fee:
(a) Must be stated separately in the judgment of the court or on the docket of the court;
(b) Must be collected from the defendant before or at the same time that any fine imposed by the court is collected from the defendant; and
(c) Must not be deducted from any fine imposed by the court.
2. All money that is collected pursuant to subsection 1 must be paid by the clerk of the court to the county treasurer on or before the fifth day of each month for the preceding month.
3. The board of county commissioners of each county shall by ordinance create in the county treasury a fund to be designated as the fund for genetic marker testing. The county treasurer shall deposit money that is collected pursuant to subsection 2 in the fund for genetic marker testing. The money must be accounted for separately within the fund.
4. Each month, the county treasurer shall use the money deposited in the fund for genetic marker testing to pay for the actual amount charged to the county for obtaining samples of blood from defendants pursuant to NRS 176.111.
5. If money remains in the fund after the county treasurer makes the payments required by subsection 4, the county treasurer shall pay the remaining money each month to the forensic laboratory that is designated by the county pursuant to section 83.5 of this act to conduct or oversee genetic marker testing for the county. A forensic laboratory that receives money pursuant to this subsection shall use the money to:
(a) Maintain and purchase equipment and supplies relating to genetic marker testing, including, but not limited to, equipment and supplies required by the Federal Bureau of Investigation for participation in CODIS; and
(b) Pay for the training and continuing education, including, but not limited to, the reasonable travel expenses, of employees of the forensic laboratory who conduct or oversee genetic marker testing.".
Amend sec. 84, pages 28 and 29, by deleting lines 4 through 43 on page 28 and lines 1 through 20 on page 29 and inserting:
"176.111 1. [When] If a defendant is convicted of [a sexual offense,] an offense listed in subsection 4, the court, [by order, shall direct the defendant to submit to a blood and saliva test, to be made by qualified persons, under such restrictions and directions as the court deems proper. The tests must include analyses of his blood] at sentencing, shall order that:
(a) The name, social security number, date of birth and any other information identifying the defendant be submitted to the central repository for Nevada records of criminal history; and
(b) Samples of blood be obtained from the defendant pursuant to the provisions of this section and that the samples be used for an analysis to determine [its] the genetic markers [and of his saliva to determine its secretor status. The court shall order that the results of the tests be submitted to the central repository for Nevada records of criminal history.
2. For the purposes of this section, "sexual offense" means:
(a) Sexual assault pursuant to NRS 200.366;
(b) Statutory sexual seduction pursuant to NRS 200.368;
(c) Battery with intent to commit a sexual assault pursuant to NRS 200.400;
(d) Use of a minor in producing pornography pursuant to NRS 200.710;
(e) Promotion of a sexual performance of a minor pursuant to NRS 200.720;
(f) Possession of a visual representation depicting the sexual conduct of a person under 16 years of age pursuant to NRS 200.730;
(g) Incest pursuant to NRS 201.180;
(h) Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195;
(i) Open or gross lewdness pursuant to NRS 201.210;
(j) Indecent or obscene exposure pursuant to NRS 201.220;
(k) Lewdness with a child pursuant to NRS 201.230;
(l) Sexual penetration of a dead human body pursuant to NRS 201.450;
(m) Annoyance or molestation of a minor pursuant to NRS 207.260; or
(n) An attempt to commit any offense listed in this subsection.] of the blood.
2. If the defendant is committed to the custody of the department of prisons, the department of prisons shall arrange for the samples of blood to be obtained from the defendant. The department of prisons shall provide the samples of blood to the forensic laboratory that has been designated by the county in which the defendant was convicted to conduct or oversee genetic marker testing for the county pursuant to section 83.5 of this act.
3. If the defendant is not committed to the custody of the department of prisons, the division shall arrange for the samples of blood to be obtained from the defendant. The division shall provide the samples of blood to the forensic laboratory that has been designated by the county in which the defendant was convicted to conduct or oversee genetic marker testing for the county pursuant to section 83.5 of this act. Any cost that is incurred to obtain the samples of blood from the defendant pursuant to this subsection is a charge against the county in which the defendant was convicted and must be paid as provided in section 83.7 of this act.
4. The provisions of subsection 1 apply to a defendant who is convicted of any of the following offenses:
(a) A crime against a child as defined in section 34 of this act.
(b) A sexual offense as defined in section 48 of this act.
(c) Murder, manslaughter or any other unlawful killing pursuant to NRS 200.010 to 200.260, inclusive.
(d) Mayhem pursuant to NRS 200.280.
(e) Administering poison or another noxious or destructive substance or liquid with intent to cause death pursuant to NRS 200.390.
(f) Battery with intent to commit a crime pursuant to NRS 200.400.
(g) Battery which is committed with the use of a deadly weapon or which results in substantial bodily harm pursuant to NRS 200.481.
(h) Abuse or neglect of an older person pursuant to NRS 200.5099.
(i) A second or subsequent offense for stalking pursuant to NRS 200.575.
(j) Burglary pursuant to NRS 205.060.
(k) Invasion of the home pursuant to NRS 205.067.
(l) An attempt to commit an offense listed in this subsection.".
Amend the bill as a whole by deleting sec. 91 and adding new sections designated sections 90.1 through 91.6, following sec. 90, to read as follows:
"Sec. 90.1. Chapter 62 of NRS is hereby amended by adding thereto the provisions set forth as sections 90.2 to 91.2, inclusive, of this act.
Sec. 90.2. As used in sections 90.2 to 91.2, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 90.3 to 90.7, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 90.3. "Central repository" means the central repository for Nevada records of criminal history.
Sec. 90.4. "Community notification" means notification of a community pursuant to the guidelines and procedures established by the attorney general for juvenile sex offenders pursuant to section 76 of this act.
Sec. 90.5. "Division" means the division of parole and probation of the department of motor vehicles and public safety.
Sec. 90.6. "Local law enforcement agency" has the meaning ascribed to it in section 26 of this act.
Sec. 90.7. "Sexual offense" means:
1. Sexual assault pursuant to NRS 200.366;
2. Battery with intent to commit sexual assault pursuant to NRS 200.400;
3. An offense involving pornography and a minor pursuant to NRS 200.710 or 200.720;
4. Lewdness with a child pursuant to NRS 201.230; or
5. An attempt to commit an offense listed in this section.
Sec. 90.8. 1. In addition to the options set forth in NRS 62.211 and 62.213, if a child is adjudicated delinquent for an act that, if committed by an adult, would be a sexual offense, the court shall:
(a) Notify the attorney general of the adjudication, so the attorney general may arrange for the assessment of the risk of recidivism of the child pursuant to the guidelines and procedures for community notification;
(b) Place the child under the supervision of a probation officer until the child reaches 21 years of age or is no longer subject to community notification as a juvenile sex offender pursuant to sections 90.2 to 91.2, inclusive, of this act;
(c) Inform the child and the parents or guardians of the child that the child is subject to community notification as a juvenile sex offender and may be subject to registration and community notification as an adult sex offender pursuant to section 91 of this act; and
(d) Order the child, and the parents or guardians of the child during the minority of the child, to inform the probation officer assigned to the child of a change of the address at which the child resides not later than 48 hours after the change of address.
2. The court may not terminate its jurisdiction concerning the child for the purposes of sections 90.2 to 91.2, inclusive, of this act until the child reaches 21 years of age or is no longer subject to community notification as a juvenile sex offender pursuant to sections 90.2 to 91.2, inclusive, of this act.
Sec. 90.9. 1. If a child has been adjudicated delinquent for a sexual offense, the probation officer assigned to the child shall notify the local law enforcement agency in whose jurisdiction the child resides that the child:
(a) Has been adjudicated delinquent for a sexual offense; and
(b) Is subject to community notification as a juvenile sex offender.
2. If the probation officer assigned to the child is informed by the child or the parents or guardians of the child that the child has changed the address at which he resides, the probation officer shall notify:
(a) The local law enforcement agency in whose jurisdiction the child last resided that the child has moved; and
(b) The local law enforcement agency in whose jurisdiction the child is now residing that the child:
(1) Has been adjudicated delinquent for a sexual offense; and
(2) Is subject to community notification as a juvenile sex offender.
Sec. 91. Except as otherwise provided in sections 90.2 to 91.2, inclusive, of this act:
1. If a child has been adjudicated delinquent for a sexual offense, the court shall hold a hearing when the child reaches 21 years of age to determine whether the child should be deemed an adult sex offender for the purposes of registration and community notification pursuant to sections 42 to 76, inclusive, of this act.
2. If the court determines at the hearing that the child has been rehabilitated to the satisfaction of the court and that the child is not likely to pose a threat to the safety of others, the court shall relieve the child of being subject to community notification.
3. If the court determines at the hearing that the child has not been rehabilitated to the satisfaction of the court or that the child is likely to pose a threat to the safety of others, the court shall deem the child to be an adult sex offender for the purposes of registration and community notification pursuant to sections 42 to 76, inclusive, of this act.
4. If a child is deemed to be an adult sex offender pursuant to this section, the court shall notify the division, so the division and the central repository may carry out the provisions for registration of the child as an adult sex offender pursuant to section 51 of this act.
Sec. 91.1 1. The records relating to a child must not be sealed pursuant to the provisions of NRS 62.370 while the child is subject to community notification as a juvenile sex offender.
2. If a child is relieved of being subject to community notification as a juvenile sex offender pursuant to section 91 of this act, all records relating to the child must be automatically sealed when the child reaches 24 years of age as provided in subsection 4 of NRS 62.370.
3. If a child is deemed to be an adult sex offender pursuant to section 91 of this act or is otherwise convicted of a sexual offense, as defined in section 48 of this act, as an adult before reaching 21 years of age:
(a) The records relating to the child must not be sealed pursuant to the provisions of NRS 62.370; and
(b) Each delinquent act committed by the child that would have been a sexual offense, as defined in section 48 of this act, if committed by an adult, shall be deemed to be a criminal conviction for the purposes of:
(1) Registration and community notification pursuant to sections 42 to 76, inclusive, of this act; and
(2) The statewide registry established within the central repository pursuant to sections 2 to 20, inclusive, of this act.
Sec. 91.2. Except as otherwise provided in subsection 3 of section 91.1 of this act, the provisions of sections 90.2 to 91.2, inclusive, do not apply to a child who is subject to registration and community notification pursuant to sections 42 to 76, inclusive, of this act because he has been convicted of a sexual offense, as defined in section 48 of this act, as an adult before reaching 21 years of age.
Sec. 91.3. NRS 62.211 is hereby amended to read as follows:
62.211 1. Except as otherwise provided in NRS 62.212, if the court finds that a child is within the purview of this chapter it shall so decree and may:
(a) Place the child under supervision in his own home or in the custody of a suitable person elsewhere, upon such conditions as the court may determine. A program of supervision in the home may include electronic surveillance of the child. The legislature declares that a program of supervision that includes electronic surveillance is intended as an alternative to commitment and not as an alternative to probation, informal supervision or a supervision and consent decree.
(b) Commit the child to the custody of a public or private institution or agency authorized to care for children, or place him in a home with a family. In committing a child to a private institution or agency the court shall select one that is required to be licensed by the department of human resources to care for such children, or, if the institution or agency is in another state, by the analogous department of that state. The court shall not commit a female child to a private institution without prior approval of the superintendent of the Caliente youth center, and shall not commit a male child to a private institution without prior approval of the superintendent of the Nevada youth training center.
(c) Order such medical, psychiatric, psychological or other care and treatment as the court deems to be for the best interests of the child, except as otherwise provided in this section.
(d) Order the parent, guardian, custodian or any other person to refrain from continuing the conduct which, in the opinion of the court, has caused or tended to cause the child to come within or remain under the provisions of this chapter.
(e) If the child is less than 17 years of age, order the parent, guardian or custodian of the child, and any brothers, sisters or other persons living in the same household as the child over whom the court has jurisdiction to attend or participate in counseling, alone or together with the child, including, but not limited to, counseling regarding parenting skills, alcohol or substance abuse or techniques of dispute resolution.
(f) Order the parent or guardian of the child to participate in a program designed to provide restitution to the victim of an act committed by the child or to perform public service.
(g) Order the parent or guardian of the child to pay all or part of the cost of the proceedings, including, but not limited to, reasonable attorney's fees, any costs incurred by the court and any costs incurred in the investigation of an act committed by the child and the taking into custody of the child.
(h) Order the suspension of the child's driver's license for not more than 2 years. If the child does not possess a driver's license, the court may prohibit the child from applying for a driver's license for not more than 2 years:
(1) Immediately following the date of the order, if the child is eligible to apply for a driver's license.
(2) After the date he becomes eligible to apply for a driver's license, if the child is not eligible to apply for a license on the date of the order.
If the court issues an order suspending the driver's license of a child pursuant to this paragraph, the judge shall require the child to surrender to the court all driver's licenses then held by the child. The court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety the licenses, together with a copy of the order. If, pursuant to this paragraph, the court issues an order delaying the ability of a child to apply for a driver's license, the court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety a copy of the order. The department of motor vehicles and public safety shall report a suspension pursuant to this paragraph to an insurance company or its agent inquiring about the child's driving record, but such a suspension must not be considered for the purpose of rating or underwriting. The department of motor vehicles and public safety shall not require the child to submit to the tests and other requirements which are adopted by regulation pursuant to subsection 1 of NRS 483.495 as a condition of reinstatement or reissuance after a suspension of his license pursuant to this paragraph, unless the suspension resulted from his poor performance as a driver.
(i) Place the child, when he is not in school, under the supervision of:
(1) A public organization to work on public projects;
(2) A public agency to work on projects to eradicate graffiti; or
(3) A private nonprofit organization to perform other public service.
The person under whose supervision the child is placed shall keep the child busy and well supervised and shall make such reports to the court as it may require. As a condition of such a placement, the court may require the child or his parent or guardian to deposit with the court a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which he performs the work, unless, in the case of industrial insurance, it is provided by the organization or agency for which he performs the work.
(j) Permit the child to reside in a residence without the immediate supervision of an adult, or exempt the child from mandatory attendance at school so that the child may be employed full time, or both, if the child is at least 16 years of age, has demonstrated the capacity to benefit from this placement or exemption and is under the strict supervision of the juvenile division.
(k) Require the child to provide restitution to the victim of the crime which the child has committed.
(l) Impose a fine on the child. If a fine is imposed, the court shall impose an administrative assessment pursuant to NRS 62.223.
2. If the court finds that a child who is less than 17 years of age has committed a delinquent act, the court may order the parent or guardian of the child to pay any fines and penalties imposed for the delinquent act. If the parent or guardian is unable to pay the fines and penalties imposed because of financial hardship, the court may require the parent or guardian to perform community service.
3. In determining the appropriate disposition of a case concerning a child found to be within the purview of this chapter, the court shall consider whether the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim of the act and whether the child is a serious or chronic offender. If the court finds that the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim or that the child is a serious or chronic offender, the court shall include the finding in its order and may, in addition to the options set forth in subsections 1 and 2 of this section and NRS 62.213:
(a) Commit the child for confinement in a secure facility, including a facility which is secured by its staff.
(b) Impose any other punitive measures the court determines to be in the best interests of the public or the child.
4. [At] Except as otherwise provided in section 90.8 of this act, at any time, either on its own volition or for good cause shown, the court may terminate its jurisdiction concerning the child.
5. Whenever the court commits a child to any institution or agency pursuant to this section or NRS 62.213, it shall transmit a summary of its information concerning the child and order the administrator of the school that the child last attended to transmit a copy of the child's educational records to the institution or agency. The institution or agency shall give to the court any information concerning the child that the court may require.
6. In determining whether to place a child pursuant to this section in the custody of a person other than his parent, guardian or custodian, preference must be given to any person related within the third degree of consanguinity to the child whom the court finds suitable and able to provide proper care and guidance for the child.
Sec. 91.4. NRS 62.360 is hereby amended to read as follows:
62.360 1. The court shall make and keep records of all cases brought before it.
2. The records may be opened to inspection only by order of the court to persons having a legitimate interest therein except that a release without a court order may be made of any:
(a) Records of traffic violations which are being forwarded to the department of motor vehicles and public safety;
(b) Records which have not been sealed and are required by the division of parole and probation of the department of motor vehicles and public safety for preparation of presentence reports pursuant to NRS 176.135; [and]
(c) Information maintained in the standardized system established pursuant to NRS 62.420 [.] ; and
(d) Records which have not been sealed and which are to be used, pursuant to sections 22 to 77, inclusive, of this act, by:
(1) The central repository for Nevada records of criminal history;
(2) The division of parole and probation of the department of motor vehicles and public safety; or
(3) A person who is conducting an assessment of the risk of recidivism of an adult or juvenile sex offender.
3. The clerk of the court shall prepare and cause to be printed forms for social and legal records and other papers as may be required.
4. Whenever the conduct of a [juvenile] child with respect to whom the jurisdiction of the juvenile court has been invoked may be the basis of a civil action, any party to the civil action may petition the court for release of the child's name, and upon satisfactory showing to the court that the purpose in obtaining the information is for use in a civil action brought or to be brought in good faith, the court shall order the release of the child's name and authorize its use in the civil action.
Sec. 91.5. NRS 62.370 is hereby amended to read as follows:
62.370 1. [In any case in which] Except as otherwise provided in section 91.1 of this act, if a child is taken into custody by a peace officer, is taken before a probation officer, or appears before a judge or master of a juvenile court, district court, justice's court or municipal court, the child or a probation officer on his behalf may petition for the sealing of all records relating to the child, including records of arrest, but not including records relating to misdemeanor traffic violations, in the custody of the juvenile court, district court, justice's court or municipal court, probation officer, law enforcement agency, or any other agency or public official, if:
(a) Three years or more have elapsed after termination of the jurisdiction of the juvenile court; or
(b) Three years or more have elapsed since the child was last referred to the juvenile court and the child has never been declared a ward of the court.
2. The court shall notify the district attorney of the county and the probation officer, if he is not the petitioner. The district attorney, probation officer, any of their deputies or any other persons having relevant evidence may testify at the hearing on the petition.
3. If, after the hearing, the court finds that, since such termination of jurisdiction, the child has not been convicted of a felony or of any misdemeanor involving moral turpitude and that rehabilitation has been attained to the satisfaction of the court, it shall order all records, papers and exhibits in the juvenile's case in the custody of the juvenile court, district court, justice's court, municipal court, probation officer, law enforcement agency or any other agency or public official sealed. Other records relating to the case, in the custody of such other agencies and officials as are named in the order, must also be ordered sealed. [All juvenile records]
4. Except as otherwise provided in section 91.1 of this act, all records relating to a child must be automatically sealed when the [person] child reaches 24 years of age.
[4.] 5. The court shall send a copy of the order sealing the records of a child to each agency and official named therein. Each agency and official shall, within 5 days after receipt of the order:
(a) Seal records in its custody, as directed by the order.
(b) Advise the court of its compliance.
(c) Seal the copy of the court's order that it or he received.
[As used in this section, "seal" means placing the records in a separate file or other repository not accessible to the general public.
5.] 6. If the court orders the records sealed, all proceedings recounted in the records are deemed never to have occurred , and the [minor] person who is the subject of the records may properly reply accordingly to any inquiry concerning the proceedings and the events which brought about the proceedings.
[6.] 7. The person who is the subject of records sealed pursuant to this section may petition the court to permit inspection of the records by a person named in the petition and the court may order the inspection.
[7.] 8. The court may, upon the application of a district attorney or an attorney representing a defendant in a criminal action, order an inspection of the records for the purpose of obtaining information relating to persons who were involved in the incident recorded.
[8.] 9. The court may, upon its own motion and for the purpose of sentencing a convicted adult who is under 21 years of age, inspect any records of that person which are sealed pursuant to this section.
[9.] 10. An agency charged with the medical or psychiatric care of a person may petition the court to unseal his juvenile records.
[10.] 11. The provisions of this section do not apply to any information maintained in the standardized system established pursuant to NRS 62.420.
12. As used in this section, "seal" means placing the records in a separate file or other repository not accessible to the general public.
Sec. 91.6 NRS 62.380 is hereby amended to read as follows:
62.380 Any decree or order entered by a judge or master of a juvenile court, district court, justice's court or municipal court concerning a child within the purview of this chapter [shall] must contain, for the benefit of the child, an explanation of the contents of NRS 62.370 [.] and, if applicable, section 91.1 of this act.".
Amend sec. 92, page 34, by deleting line 27 and inserting:
"guilty or guilty but mentally ill."
Amend the bill as a whole by adding a new section designated as sec. 93.5, following sec. 93, to read as follows:
"Sec. 93.5. NRS 209.463 is hereby amended to read as follows:
209.463 1. Except as otherwise provided in subsection 3, the director may make the following deductions, in the following order of priority, from the wages earned by an offender from any source during his incarceration:
(a) If the offender's hourly wage is equal to or greater than the federal minimum wage:
(1) An amount the director deems reasonable for deposit with the state treasurer for credit to the fund for the compensation of victims of crime.
(2) An amount determined by the director, with the approval of the board, for deposit in the state treasury for credit to the fund for new construction of facilities for prison industries, but only if the offender is employed through a program for prison industries.
(3) An amount determined by the director for deposit in the offender's individual account in the prisoners' personal property fund.
(4) An amount determined by the director, with the approval of the board, to offset the cost of maintaining the offender in the institution, as reflected in the budget of the department.
(5) An amount the director considers reasonable to meet any existing obligation of the offender for the support of his family.
(6) Any deduction pursuant to NRS 209.246.
(7) An amount determined by the director for deposit in a savings account for the offender, in which interest on the money deposited does not accrue, to be used for the payment of the expenses of the offender related to his release, or if the offender dies before his release, to defray any expenses related to any arrangements for his funeral.
(8) An amount the director considers reasonable to meet any existing obligation of the offender for restitution to any victim of his crime.
(9) An amount the director considers reasonable to pay the balance of any fee imposed upon the offender for genetic marker testing and included in the judgment entered against the offender pursuant to section 83.7 of this act.
(10) An amount the director considers reasonable to pay the balance of the administrative assessments included in the judgment entered against the offender for each crime for which he is incarcerated and the balance of any unpaid administrative assessments included in a judgment entered against the offender for any crime committed in this state for which he was previously convicted. Any amount deducted from the offender's wages pursuant to this subparagraph must be submitted:
(I) If the offender does not have any administrative assessments owing from a judgment entered for a crime previously committed in this state, to the court that entered the judgment against the offender for which he is incarcerated.
(II) If the offender has any administrative assessments owing from a judgment entered for a crime previously committed in this state, to the court that first entered a judgment for which any administrative assessment is owing, until the balance owing has been paid.
[(10)] (11) An amount the director considers reasonable to pay the balance of the fines included in the judgment entered against the offender for each crime for which he is incarcerated and the balance of any unpaid fines included in a judgment entered against the offender for any crime committed in this state for which he was previously convicted. Any amount deducted from the offender's wages pursuant to this subparagraph must be submitted:
(I) If the offender does not have any fines owing from a judgment entered for a crime previously committed in this state, to the court that entered the judgment against the offender for which he is incarcerated.
(II) If the offender has any fines owing from a judgment entered for a crime previously committed in this state, to the court that first entered a judgment for which any fine or administrative assessment is owing, until the balance owing has been paid.
The director shall determine the priority of any other deduction authorized by law from the wages earned by the offender from any source during his incarceration.
(b) If the offender's hourly wage is less than the federal minimum wage:
(1) An amount the director deems reasonable for deposit with the state treasurer for credit to the fund for the compensation of victims of crime.
(2) An amount determined by the director, with the approval of the board, for deposit in the state treasury for credit to the fund for new construction of facilities for prison industries, but only if the offender is employed through a program for prison industries.
(3) An amount determined by the director for deposit in the offender's individual account in the prisoners' personal property fund.
(4) An amount determined by the director, with the approval of the board, to offset the cost of maintaining the offender in the institution, as reflected in the budget of the department.
(5) Any deduction pursuant to NRS 209.246.
(6) An amount the director considers reasonable to pay the balance of any fee imposed upon the offender for genetic marker testing and included in the judgment entered against the offender pursuant to section 83.7 of this act.
(7) An amount determined by the director for deposit in a savings account for the offender, in which interest on the money deposited does not accrue, to be used for the payment of the expenses of the offender related to his release, or if the offender dies before his release, to defray any expenses related to any arrangements for his funeral.
The director shall determine the priority of any other deduction authorized by law from the wages earned by the offender from any source during his incarceration.
2. Except as otherwise provided in subsection 3, the director may make the following deductions, in the following priority, from any money deposited in an offender's account from any source other than his wages:
(a) Any deduction pursuant to NRS 209.246.
(b) An amount determined by the director for deposit in a savings account for the offender, in which interest on the money deposited does not accrue, to be used for the payment of the expenses of the offender related to his release or, if the offender dies before his release, to defray any expenses related to any arrangements for his funeral.
(c) An amount the director considers reasonable to pay the balance of any fee imposed upon the offender for genetic marker testing and included in the judgment entered against the offender pursuant to section 83.7 of this act.
The director shall determine the priority of any other deduction authorized by law from any source other than the wages earned by the offender during his incarceration.
3. The director shall not make any deduction from the offender's individual account in the prisoners' personal property fund if the balance in the account is below the minimum balance designated by the director pursuant to this subsection. The director shall designate the minimum balance of an offender's account required before such other deductions or withdrawals from the account may be made by the director or the offender.
4. Upon the release of an offender, any money from any source remaining in an account of the offender may be used to reimburse the department for any expenses related to his release, including, but not limited to, any expenses incurred by the department pursuant to NRS 209.511 or for transportation of the offender.
5. The director may reduce or eliminate any deduction authorized pursuant to subsection 1 from the wages of any offender to the extent necessary to comply with any restrictions imposed by federal law on deductions from wages of that offender.".
Amend the bill as whole by adding a new section designated sec. 97.5, following section 97, to read as follows:
"Sec. 97.5. Section 2 of Assembly Bill No. 39 of this session is hereby amended to read as follows:

Sec. 2. NRS 62.211 is hereby amended to read as follows:

62.211 1. Except as otherwise provided in NRS 62.212 [,] and section 1 of this act, if the court finds that a child is within the purview of this chapter it shall so decree and may:

(a) Place the child under supervision in his own home or in the custody of a suitable person elsewhere, upon such conditions as the court may determine. A program of supervision in the home may include electronic surveillance of the child. The legislature declares that a program of supervision that includes electronic surveillance is intended as an alternative to commitment and not as an alternative to probation, informal supervision or a supervision and consent decree.

(b) Commit the child to the custody of a public or private institution or agency authorized to care for children, or place him in a home with a family. In committing a child to a private institution or agency the court shall select one that is required to be licensed by the department of human resources to care for such children, or, if the institution or agency is in another state, by the analogous department of that state. The court shall not commit a female child to a private institution without prior approval of the superintendent of the Caliente youth center, and shall not commit a male child to a private institution without prior approval of the superintendent of the Nevada youth training center.

(c) Order such medical, psychiatric, psychological or other care and treatment as the court deems to be for the best interests of the child, except as otherwise provided in this section.

(d) Order the parent, guardian, custodian or any other person to refrain from continuing the conduct which, in the opinion of the court, has caused or tended to cause the child to come within or remain under the provisions of this chapter.

(e) If the child is less than 17 years of age, order the parent, guardian or custodian of the child, and any brothers, sisters or other persons living in the same household as the child over whom the court has jurisdiction to attend or participate in counseling, alone or together with the child, including, but not limited to, counseling regarding parenting skills, alcohol or substance abuse or techniques of dispute resolution.

(f) Order the parent or guardian of the child to participate in a program designed to provide restitution to the victim of an act committed by the child or to perform public service.

(g) Order the parent or guardian of the child to pay all or part of the cost of the proceedings, including, but not limited to, reasonable attorney's fees, any costs incurred by the court and any costs incurred in the investigation of an act committed by the child and the taking into custody of the child.

(h) Order the suspension of the child's driver's license for not more than 2 years. If the child does not possess a driver's license, the court may prohibit the child from applying for a driver's license for not more than 2 years:

(1) Immediately following the date of the order, if the child is eligible to apply for a driver's license.

(2) After the date he becomes eligible to apply for a driver's license, if the child is not eligible to apply for a license on the date of the order.

If the court issues an order suspending the driver's license of a child pursuant to this paragraph, the judge shall require the child to surrender to the court all driver's licenses then held by the child. The court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety the licenses, together with a copy of the order. If, pursuant to this paragraph, the court issues an order delaying the ability of a child to apply for a driver's license, the court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety a copy of the order. The department of motor vehicles and public safety shall report a suspension pursuant to this paragraph to an insurance company or its agent inquiring about the child's driving record, but such a suspension must not be considered for the purpose of rating or underwriting. The department of motor vehicles and public safety shall not require the child to submit to the tests and other requirements which are adopted by regulation pursuant to subsection 1 of NRS 483.495 as a condition of reinstatement or reissuance after a suspension of his license pursuant to this paragraph, unless the suspension resulted from his poor performance as a driver.

(i) Place the child, when he is not in school, under the supervision of:

(1) A public organization to work on public projects;

(2) A public agency to work on projects to eradicate graffiti; or

(3) A private nonprofit organization to perform other public service.

The person under whose supervision the child is placed shall keep the child busy and well supervised and shall make such reports to the court as it may require. As a condition of such a placement, the court may require the child or his parent or guardian to deposit with the court a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which he performs the work, unless, in the case of industrial insurance, it is provided by the organization or agency for which he performs the work.

(j) Permit the child to reside in a residence without the immediate supervision of an adult, or exempt the child from mandatory attendance at school so that the child may be employed full time, or both, if the child is at least 16 years of age, has demonstrated the capacity to benefit from this placement or exemption and is under the strict supervision of the juvenile division.

(k) Require the child to provide restitution to the victim of the crime which the child has committed.

(l) Impose a fine on the child. If a fine is imposed, the court shall impose an administrative assessment pursuant to NRS 62.223.

2. If the court finds that a child who is less than 17 years of age has committed a delinquent act, the court may order the parent or guardian of the child to pay any fines and penalties imposed for the delinquent act. If the parent or guardian is unable to pay the fines and penalties imposed because of financial hardship, the court may require the parent or guardian to perform community service.

3. In determining the appropriate disposition of a case concerning a child found to be within the purview of this chapter, the court shall consider whether the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim of the act and whether the child is a serious or chronic offender. If the court finds that the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim or that the child is a serious or chronic offender, the court shall include the finding in its order and may, in addition to the options set forth in subsections 1 and 2 of this section and NRS 62.213:

(a) Commit the child for confinement in a secure facility, including a facility which is secured by its staff.

(b) Impose any other punitive measures the court determines to be in the best interests of the public or the child.

4. Except as otherwise provided in section 90.8 of [this act,] Senate Bill No. 325 of this session, at any time, either on its own volition or for good cause shown, the court may terminate its jurisdiction concerning the child.

5. Whenever the court commits a child to any institution or agency pursuant to this section or NRS 62.213, it shall transmit a summary of its information concerning the child and order the administrator of the school that the child last attended to transmit a copy of the child's educational records to the institution or agency. The institution or agency shall give to the court any information concerning the child that the court may require.

6. In determining whether to place a child pursuant to this section in the custody of a person other than his parent, guardian or custodian, preference must be given to any person related within the third degree of consanguinity to the child whom the court finds suitable and able to provide proper care and guidance for the child.".

"An Act relating to convicted persons; establishing a statewide registry of sex offenders and offenders convicted of certain crimes against children; establishing a program to provide the public with access to certain information in the statewide registry; providing for the registration of offenders convicted of certain crimes against children; revising the provisions governing the registration of sex offenders; revising the provisions governing community notification and providing for community notification concerning certain juvenile sex offenders; requiring that motion picture theaters and certain businesses that primarily have children as customers be provided with a photograph of certain sex offenders who have committed sexual offenses against children; requiring that certain conditions of probation and parole be imposed upon certain sex offenders; restricting certain pleas and plea bargaining in certain circumstances; expanding the provisions relating to genetic marker testing of certain offenders; imposing a fee for genetic marker testing upon certain offenders; prohibiting the sealing of criminal records in certain circumstances; providing penalties; and providing other matters properly relating thereto.".

Senate Bill No. 331.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 363.
Amend sec. 3, page 1, line 8, by deleting "forum;" and inserting:
"forum or made to a legislator, officer or employee of this state, a political subdivision of this state or the Federal Government;".
Amend sec. 5, page 1, by deleting line 14 and inserting:
"41.650 A person who in good faith [communicates a complaint or".
Amend sec. 6, page 2, by deleting lines 2 through 6 and inserting:
"41.660 In any civil action brought against a person who in good faith [communicated a complaint or information to a legislator, officer or employee of this state or of a political subdivision regarding a matter reasonably of concern to the respective governmental entity,] engaged in protected speech, the attorney general [or other] , another".
Amend sec. 7, page 2, by deleting lines 16 through 20 and inserting:
"prevailing in an action brought against a person who in good faith [communicated a complaint or information to a legislator, officer or employee of this state or of a political subdivision, or to a legislator, officer or employee of the Federal Government, regarding a matter reasonably of concern to the respective governmental entity] engaged "
Senator James moved the adoption of the amendment.
Remarks by Senator James.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 377.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 370.
Amend section 1, page 2, line 29, after "is" by inserting "a".
Amend sec. 2, page 4, line 6, by deleting "sentence" and inserting:
"term of imprisonment".
Amend sec. 6, page 7, line 20, by deleting "pursuant to" and inserting:
"as provided in".
Amend sec. 7, page 8, line 30, after "of " by inserting "imprisonment of ".
Amend sec. 7, page 8, line 33, by deleting "pursuant to" and inserting:
"as provided in".
Senator James moved the adoption of the amendment.
Remarks by Senator James.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 380.
Bill read second time.
The following amendment was proposed by the Committee on Finance:
Amendment No. 384.
Amend section 1, page 1, line 3, by deleting "$26,000" and inserting "$40,000".
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. There is hereby appropriated from the state general fund to the Division of Museums and History of the Department of Museums, Library and Arts the sum of $14,500 to offset the unanticipated shortfall in the revenue from admissions at the Nevada State Museum in Carson City. This appropriation is supplemental to that made by section 19 of chapter 446, Statutes of Nevada 1995, at page 1387.".
Amend the title of the bill to read as follows:

"An Act making supplemental appropriations to the Division of Museums and History of the Department of Museums, Library and Arts to offset the unanticipated shortfall in the revenue from admissions at the Nevada State Museum and Historical Society in Las Vegas and the Nevada State Museum in Carson City; and providing other matters properly relating thereto.".

"Summary--Makes supplemental appropriations to offset unanticipated shortfall in revenue from admissions at Nevada State Museum and Historical Society in Las Vegas and Nevada State Museum in Carson City. (BDR S-1639)".

Assembly Bill No. 180.
Bill read second time and ordered to third reading.

Assembly Bill No. 271.
Bill read second time and ordered to third reading.

Assembly Bill No. 292.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary.
Amendment No. 400.
Amend section 1, page 1, by deleting lines 9 through 11 and inserting:
"that:
(a) A certain amount of money, or certain other assets, be retained by the executor or administrator to:
(1) Satisfy the claim or tax; and
(2) Pay any fees or costs related to the claim or tax, including, but not limited to, fees for appraisals, attorney's fees and court costs; and
(b) The remainder of the estate be distributed.".
Amend sec. 2, page 2, by deleting lines 17 and 18 and inserting:
"hearing, by registered or certified mail, to [each] :
(a) Each person whose interest is affected as an heir, devisee or legatee [.] ; and
(b) The welfare division of the department of human resources, if the welfare division has filed a claim against the estate.".
Senator Adler moved the adoption of the amendment.
Remarks by Senator Adler.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 304.
Bill read second time and ordered to third reading.

Senate Bill No. 13.
Bill read third time.
Remarks by Senator James.
Roll call on Senate Bill No. 13:
Yeas--20.
Nays--Coffin.
Senate Bill No. 13 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Senate Bill No. 58.
Bill read third time.
Remarks by Senators O'Donnell, Washington and James.
Conflict of interest declared by Senator O'Donnell.
Roll call on Senate Bill No. 58:
Yeas--17.
Nays--Coffin, Neal--2.
not voting--O'Donnell, Townsend--2.
Senate Bill No. 58 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.

Senate Bill No. 155.
Bill read third time.
Remarks by Senator James.
Roll call on Senate Bill No. 155:
Yeas--21.
Nays--None.
Senate Bill No. 155 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Senate Bill No. 156.
Bill read third time.
Senator Adler moved that Senate Bill No. 156 be taken from the General File and placed on the Secretary's desk.
Remarks by Senator Adler.
Motion carried.

Senate Bill No. 248.
Bill read third time.
Roll call on Senate Bill No. 248:
Yeas--18.
Nays--None.
Not voting--O'Connell, O'Donnell, Townsend.
Senate Bill No. 248 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Senate Bill No. 316.
Bill read third time.
Roll call on Senate Bill No. 316:
Yeas--19.
Nays--McGinness, Rhoads--2.
Senate Bill No. 316 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Senate Bill No. 351.
Bill read third time.
Remarks by Senators Raggio, Adler, Porter, Coffin, Mathews and Neal.
Conflict of interest declared by Senators Raggio, Porter, Coffin and Mathews.
Roll call on Senate Bill No. 351.
Yeas--.15
Nays--None.
not voting--Coffin, Mathews, O'Connell, Porter, Raggio, Townsend--6.
Senate Bill No. 351 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.

Senate Bill No. 353.
Bill read third time.
Remarks by Senators Neal, McGinness, Augustine, James, Raggio and Adler.
Senator James requested that the following remarks be entered in the Journal.
Senator Neal:
Thank you, Mr. President pro Tempore. In reference to the bill we considered yesterday as the Committee of the Whole; I was wondering if this measure would have any impact on Senate Bill 254 since that bill did deal with the motor vehicle privilege taxes. Could someone explain that to me?
Senator McGinness:
Thank you, Mr. President pro Tempore. In my opinion, I do not believe it will. I will explain this bill which was brought to us on behalf of Clark County. It does a couple of things. On line 6 it changes the wording "abuts" to "adjacent to" and that is in reference to a freeway. The county has experienced some problems that the statute, as it is currently written, does not allow them to mitigate. They are not able to address the adverse effect of property which may be just adjacent to the freeway or there may be just a sliver of land between them and the freeway. Because of that limit, they cannot use the taxes to mitigate all the adverse impacts to the property owner in a timely manner. The other significant change in this bill is that it does allow the county to use one percent of any bonds to which the proceeds of the vehicle privilege taxes are pledged. It does not allow them to use any more of the privilege tax, but any bonds they may be using the privilege tax to pledge for; then they can use one percent of that. The testimony was that this would allow them to be able to obtain that money more quickly in order to mitigate the property owners complaints.
Senator Augustine:
Thank you, Mr. President pro Tempore. We had this bill in the Committee on Taxation last session. The problem with it then, and if this is addressing the same thing, was that the bond issue passed in Clark County for the Desert Inn arterial said the reimbursement on those residential properties would only be on those properties which "abutted" the project. They felt that "adjacent" could mean a mile away from the freeway. My question is, if this will change the bond issue that was passed by the voters in Clark County as to what the proceeds of those bonds would pay for?
Senator McGinness:
Mr. President pro Tempore, I cannot answer that question. There was no testimony in committee on that issue.
Senator James:
Thank you, Mr. President pro Tempore, through you to the Chairman of the Taxation Committee. I would like to know the answer to this question. The question is: Is there anything in the language in this bill which changes "abuts" to "adjacent" which is intended to or could be interpreted sometime in the future as increasing the power of the government in terms of eminent domain? Does this only deal with the proceeds or could this ever be interpreted as saying we have increased the power of the government to condemn lands that are not abutting the freeway, but are only adjacent to the freeway. That would be subject to some determination as to what "adjacent" means. It would be important to me to have that question answered.
Senator McGinness:
Thank you, Mr. President pro Tempore. The committee did not have testimony on that. In my opinion, it would not.
Senator Raggio:
Thank you, Mr. President pro Tempore. I want to address the question raised by the Senator from North Las Vegas. In the bill we heard yesterday, during the Committee of the Whole when we adopted the amendment, that bill dealt only with the allocation of the taxes which go to the county. One of the provisions in that bill protects any proceeds from taxes that are pledged to these bonds. This only authorizes the use of a percentage of the bonds for the purposes in this measure. I cannot respond to the other issue of "abut" versus "adjacent."
Senator Adler:
Thank you, Mr. President pro Tempore. This is in answer to some of the questions which were raised. The purpose of this bill is to benefit these property owners and not to condemn their property. These are people who have become landlocked because of freeway construction. We are simply allowing them to be bought out. This is not a condemnation proceedings. The county cannot go in and take the owner's property. This is where he or she goes to the county and say that you did not know freeways were going to be built on both sides of your property and that you can no longer live there because you can't sleep at night. Will you buy my property and resell it to someone else? That is essentially what this measure does. This really benefits the taxpayer and property owner. It is not designed to harm them in any way. It is a voluntary sale by the property owner. For the people who choose not to live between two freeways, it gives them an out.
Senator McGinness moved that Senate Bill No. 353 be taken from the General File and placed on the General File for the next legislative day.
Motion carried.

Senate Bill No. 364.
Bill read third time.
Roll call on Senate Bill No. 364:
Yeas--21.
Nays--None.
Senate Bill No. 364 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.

Senate Bill No. 369.
Bill read third time.
Remarks by Senators O'Donnell and Shaffer.
Roll call on Senate Bill No. 369:
Yeas--18.
Nays--Adler, Augustine, Titus--3.
Senate Bill No. 369 having received a two-thirds majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.

Senate Bill No. 370.
Bill read third time.
Roll call on Senate Bill No. 370:
Yeas--17.
Nays--James.
Not voting--O'Connell, O'Donnell, Townsend--3.
Senate Bill No. 370 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 110.
Bill read third time.
Remarks by Senators Neal and James.
Roll call on Assembly Bill No. 110:
Yeas--21.
Nays--None.
Assembly Bill No. 110 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 113.
Bill read third time.
Remarks by Senators Raggio and O'Connell.
Senator Raggio moved that Assembly Bill No. 113 be taken from the General File and placed on the General File for the next legislative day.
Motion carried.

Assembly Bill No. 249.
Bill read third time.
Roll call on Assembly Bill No. 249:
Yeas--21.
Nays--None.
Assembly Bill No. 249 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 284.
Bill read third time.
Roll call on Senate Bill No. 284.
Yeas--21.
Nays--None.
Assembly Bill No. 284 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 297.
Bill read third time.
Remarks by Senators Adler, Townsend, Shaffer, James, McGinness, O'Connell, O'Donnell, Neal, Raggio and Regan.
Senators Neal, James and Titus moved the previous question.
Motion carried.
The question being on the passage of Assembly Bill No. 297.
Roll call on Assembly Bill No. 297:
Yeas--17.
Nays--Adler, McGinness, O'Donnell, Washington--4.
Assembly Bill No. 297 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 324.
Bill read third time.
Remarks by Senators James, Neal and Raggio.
Senator Neal moved that Assembly Bill No. 324 be taken from the General File and placed on the Secretary's desk.
Motion carried.

Assembly Bill No. 408.
Bill read third time.
Roll call on Assembly Bill No. 408:
Yeas--21.
Nays--None.
Assembly Bill No. 408 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.

On request of Senator McGinness, the privilege of the floor of the Senate Chamber for this day was extended to Jerry Hill, Chris Hill, Harry Loomer, Liz Blythe, Jo Nabong, Fran Weimer, Vic Johnson, Mary Johnson, Sally Devlin, George Fenton, Violet Simmons, Daniel Simmons, Reginald Knight, Michael DeLee, Charlie Gronda, Rosemary Cadwell, Claudia Nielson, Barbara Apadoca and the following students from Pahrump High School: Summer Brown, Tanya Bosma, Devon Furman, Angel Castillo, Raacielynn Sledge, Lia Apodaca and Steve Hommel.

On request of Senator O'Connell, the privilege of the floor of the Senate Chamber for this day was extended to Gabriela Garcia.

Senator Raggio moved that the Senate adjourn until Monday, May 26, 1997 at 11 a.m.
Motion carried.

Senate adjourned at 11:42 a.m.

Approved:

Lawrence E. Jacobsen

President pro Tempore of the Senate

Attest: Janice L. Thomas
Secretary of the Senate