NEVADA LEGISLATURE

Sixty-ninth Session, 1997
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SENATE DAILY JOURNAL
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THE ONE HUNDRED AND FORTY-FOURTH DAY
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Carson City (Thursday), June 12, 1997

Senate called to order at 10:48 a.m.
President Hammargren presiding.
Roll called.
All present.

Prayer by the Chaplain, The Reverend Lisa Schilbe.
Almighty God, giver of all good things, we thank You for Your providence as You guide and lead us forward. May we always remember Your generosity and with grateful hearts seek to meet the needs of Your people wherever they live. Impart wisdom to help us understand the impact of each decision we make. Grant us perseverance to serve with compassion and be advocates for peace. May we communicate love and faithfully seek to make a difference in this world.

Amen.

Pledge of allegiance to the Flag.

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

REPORTS OF COMMITTEES

Mr. President:
Your Committee on Finance, to which was referred Senate Bill No. 197, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

William J. Raggio,

Chairman

Mr. President:
Your Committee on Finance, to which were referred Assembly Bills Nos. 219, 226, 431, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

William J. Raggio,

Chairman

Mr. President:
Your Committee on Human Resources and Facilities, to which was referred Assembly Bill No. 128, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Raymond D. Rawson,

Chairman

Mr. President:
Your Committee on Natural Resources, to which were referred Senate Bills Nos. 251, 414, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Dean A. Rhoads,

Chairman

Mr. President:
Your Committee on Natural Resources, to which were referred Assembly Bill No. 327; Assembly Joint Resolution No. 13, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Dean A. Rhoads,

Chairman

Mr. President:
Your Committee on Natural Resources, to which was referred Assembly Concurrent Resolution No. 23, has had the same under consideration, and begs leave to report the same back with the recommendation: Be adopted.

Dean A. Rhoads,

Chairman

Mr. President:
Your Committee on Taxation, to which were referred Senate Bills Nos. 256, 423, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Mike McGinness,

Chairman

Mr. President:
Your Committee on Transportation, to which was referred Senate Joint Resolution No. 13, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

William R. O'Donnell,

Chairman

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, June 11, 1997

To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day passed Assembly Bill No. 468.

Jacqueline Sneddon

Assistant Chief Clerk of the Assembly

MOTIONS, RESOLUTIONS AND NOTICES

By Senators Raggio, Adler, Augustine, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O'Connell, O'Donnell, Porter, Rawson, Regan, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener:
Senate Concurrent Resolution No. 49--Memorializing Tyrus R. Cobb, beloved newspaper journalist, columnist and editor.
Whereas, With the passing of Tyrus R. "Ty" Cobb on May 25, 1997, a void was left in the world of journalism and in the hearts of many Nevadans who will miss the warmth and humor of his column in the Reno Gazette-Journal; and
Whereas, Ty Cobb, named after the famous baseball player and later dubbed "dean of Nevada newspaper people" by a close friend and fellow newspaper reporter, was born in Virginia City on September 21, 1915; and
Whereas, This "son of the Comstock" was a third-generation Nevadan and chose to make his birthplace his permanent home, even though he received numerous offers to become a part of other news organizations in several states; and
Whereas, Ty Cobb graduated from the University of Nevada, Reno, in 1937 and began his career with the coverage of his own commencement exercises for the Reno Nevada State Journal; and
Whereas, His excellence in the field of journalism was rewarded with promotions from reporter to sports editor to assistant managing editor, and ultimately in 1960, to managing editor of the Reno Gazette-Journal; and
Whereas, One of the foremost reasons for Ty Cobb's renown was his column "Cobbwebs," which gave readers a taste of history, sports and humor along with eagerly anticipated coverage of unusual license plates that had been observed on streets of northern Nevada; and
Whereas, Ty Cobb demonstrated his devotion to the world of sports by investing time and effort to help establish the first Babe Ruth League in Nevada, the Sierra Nevada Sportswriters and Broadcasters, the National Collegiate Athletic Association Intercollegiate Boxing Tournament, the California-Nevada Olympic Games Committee and the Nevada Golden Gloves; and
Whereas, Awards such as the first Nevada State Press Association plaque for the best sports column and a National Sportswriters award were among the accolades conferred upon Ty Cobb, and the Alumni Boxing Association of the University of Nevada, Reno, honored him in 1971; and
Whereas, All those who were acquainted with this dedicated journalist respected him because of his devotion to his family, his embodiment of trustworthiness, honesty, leadership and role-modeling, and his active interest in obtaining awards for athletes, especially those of ethnic minorities; and
Whereas, When Ty Cobb retired in 1975 because his vision was failing to such an extent that he was unable to do research or even read his editing marks, he continued to make evident his love for writing by drawing upon his memories to create eloquent compositions; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 69th session of the Nevada Legislature proclaim their feelings of pride in the legacy of excellence bequeathed to the State of Nevada through the personal life and career of Tyrus R. Cobb; and be it further
Resolved, That the members of this legislative body express their sincerest sympathy to the family of Ty Cobb and to all those who feel an emptiness at his loss; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Ty Cobb's sons, Tyrus W. Cobb of San Rafael and William G. Cobb of Reno and his daughter, Patricia Cobb Sawdon of Reno.
Senator Raggio moved the adoption of the resolution.
Remarks by Senator Raggio.
Senator Raggio requested that his remarks be entered in the Journal.
Thank you, Mr. President. Earlier this session, we honored the memory of newsman Guy Shipler. Today, we honor another newsman who was in the same class as Guy Shipler. I think it is tragic that we have lost two such individuals in so short a period of time.
So much has been written, after the passing of Ty Cobb on May 25th, that anything we add here is really anti-climactic. Because of his prominence, Ty Cobb was known throughout the State of Nevada and most particularly in Northern Navada as an outstanding Nevadan, a journalist of the highest accomplishment and, more importantly, someone who's humane concern for mankind made him a person who was respected, loved and admired.
I first knew Ty Cobb when I was playing basketball as a kid in school. He was a young sports reporter for the Nevada State Journal. He had grown up on the Comstock, in Virginia City, and never forgot his heritage as a Nevadan and as a small town guy. If you were from the area, particularly Virginia City, he would not allow anyone to say anything against you. He was someone who thought highly of the accomplishment of others and reported them accurately. These included little kids, minorities and others who would probably never have had any ink for what they did had it not been for Ty Cobb. He set a very high example for others to follow. In that, he shared the same attributes as did Guy Shipler. We named Guy Shipler the Dean of Journalists at the Legislature. In the same vein, Ty Cobb was known as the Dean of Journalists throughout the State of Nevada.
No one will ever exceed his record of excellence and his dedication to journalism. As indicated in the resolution, he had received numerous offers from other newspapers in the West, but his devotion to this state was unparalleled. So many people came to him for advice and assistance that it will never be known how many lives he affected.
I came to know Ty better when I was a youth selling newspapers. I often ran into him. You could not attend school sports events at any level without seeing Ty Cobb in attendance. He was part of the scene. He will definitely be missed as part of the sports scene in our area of the state. More than that, he was a historian of the state. Even in his last days, when his eye sight failed, he tackled the task of writing about his life in the form of a series of four columns. These were printed after his death in the Reno newspapers. This was the greatest history of this area that we have ever read. I am still amazed at how he was able to accomplish this with his failing health. The recall he had, to his dying day, was just extraordinary. You did not have to look something up at the library, you only had to call Ty Cobb not only on any sports event, but also any incident involving the history of the State of Nevada. He could reel off that information as to date, time, who was there and what happened. That ability cannot be replaced, but we can honor his memory as we do today.
I appreciate the attention of the members of the Senate because Ty Cobb was a unique man. Above all, he was a dedicated husband, father and grandfather. During these last years, his wife Olga became ill. She was confined at the same facility as was my mother. He was very devoted, visited with her daily and cared for her very much.
Today, we take time to honor a very unique individual. I know I will remember him. The state will remember him and his profession. I ask that you join in honoring the memory of Ty Cobb, beloved newspaper journalist, family man, columnist, editor and great Nevadan. Thank you very much.
Resolution adopted.
Senator Raggio moved that Senate Concurrent Resolution No. 49 be immediately transmitted to the Assembly.
Motion carried.

Senator Neal moved that Senate Bill No. 275 be taken from the Secretary's desk and placed on General File.
Motion carried.

INTRODUCTION, FIRST READING AND REFERENCE

By Senator Jacobsen:
Senate Bill No. 462--An Act relating to elections; changing the date of the primary election; and providing other matters properly relating thereto.
Senator Jacobsen moved that the bill be referred to the Committee on Government Affairs.
Motion carried.

By the Committee on Finance:
Senate Bill No. 463--An Act relating to the office of science, engineering and technology; transferring the office from the office of the governor to the University and Community College System of Nevada; and providing other matters properly relating thereto.
Senator McGinness moved that the bill be referred to the Committee on Finance.
Motion carried.

By Senator Jacobsen:
Senate Bill No. 464--An Act relating to tobacco products; revising the formula for the calculation of the basic cost of cigarettes to a wholesale dealer to include the dealer's fixed costs of doing business; prohibiting a retail dealer from selling or offering to sell certain products made from tobacco which have not been purchased from a wholesale dealer; requiring a wholesale dealer to provide certain information to the department of taxation concerning purchases of certain products made from tobacco; requiring a manufacturer who sells certain tobacco products to a wholesale dealer in this state to provide to the department of taxation an invoice for each sale; providing a penalty; and providing other matters properly relating thereto.
Senator Jacobsen moved that the bill be referred to the Committee on Taxation.
Motion carried.

Assembly Bill No. 468.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.

SECOND READING AND AMENDMENT

Senate Bill No. 233.
Bill read second time.
The following amendment was proposed by the Committee on Taxation:
Amendment No. 574.
Amend the bill as a whole by renumbering sections 1 and 2 as sections 3 and 4 and adding new sections designated sections 1 and 2, following the enacting clause, to read as follows:
"Section 1. Chapter 361 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. It is hereby declared to be the purpose and policy of the legislature in enacting section 3 of this act:
1. To encourage employers in industries other than mining, gaming and tourism who provide an opportunity to employees to earn higher paying salaries to locate and expand their businesses in this state by providing a partial abatement from taxes imposed on personal property that encourages industrial development and investment;
2. To expand the economic diversification of this state; and
3. To provide for the proper evaluation of the impact of such an abatement in order to ensure that the communities in which such businesses expand or relocate are not adversely affected by the costs of services associated with the relocation and expansion of those businesses.".
Amend section 1, page 1, by deleting lines 1 through 3 and inserting:
"Sec. 3. 1. A person who intends to locate or expand a business in this state may".
Amend section 1, pages 1 and 2, by deleting lines 8 through 21 on page 1 and lines 1 through 19 on page 2 and inserting:
"application for a partial abatement if the commission makes the following determinations:
(a) The goals of the business are consistent with the goals of the commission and the community concerning industrial development and diversification.
(b) The abatement is a significant factor in the decision of the applicant to locate or expand a business in this state or the appropriate affected local government determines that the abatement will be beneficial to the economic development of the community.
(c) The average hourly wage which will be paid by the new or expanded business to its employees in this state is at least 125 percent of the average statewide industrial hourly wage as established by the employment security division of the department of employment, training and rehabilitation on July 1 of each fiscal year.
(d) The business will provide a health insurance plan for all employees.
(e) The cost, to the business, for the benefits the business provides to its employees in this state, including health insurance coverage, will be at least 30 percent of the average hourly wage.
(f) A capital investment for personal property will be made to locate or expand the business in Nevada which is at least:
(1) If the personal property directly related to the establishment of the business in this state is primarily located in a county whose population:
(I) Is 100,000 or more, $50,000,000.
(II) Is less than 100,000, $20,000,000.
(2) If the personal property directly related to the expansion of the business is primarily located in a county whose population:
(I) Is 100,000 or more, $10,000,000.
(II) Is less than 100,000, $4,000,000.
(g) The business will create at least the following number of new, full-time and permanent jobs in the State of Nevada by the fourth quarter that it is in operation:
(1) If a new business will be primarily located in a county whose population:
(I) Is 100,000 or more, 100 jobs.
(II) Is less than 100,000, 35 jobs.
(2) If an expanded business will be primarily located in a county whose population:
(I) Is 100,000 or more, and the business has at least 100 employees in this state, 20 jobs. An expanded business primarily located in such a county that has less than 100 employees is not eligible for a partial abatement pursuant to this section.
(II) Is less than 100,000, and the business has at least 35 employees in this state, 10 jobs. An expanded business primarily located in such a county that has less than 35 employees is not eligible for a partial abatement pursuant to this section.
(h) For the expansion of a business primarily located in a county whose population:
(1) Is 100,000 or more, the book value of the assets of the business in this state is at least $20,000,000.
(2) Is less than 100,000, the book value of the assets of the business in this state is at least $5,000,000.
(i) The business is registered pursuant to the laws of this state or the applicant commits to obtain a valid business license and all other permits required by the county, city or town in which the business operates.
(j) The proposed abatement has been approved by the governing body of the appropriate affected local government as determined pursuant to the regulations adopted pursuant to subsection 8. In determining whether to approve a proposed abatement, the governing body shall consider whether the taxes to be paid by the business are sufficient to pay for any investment required to be made by the local government for services associated with the relocation or expansion of the business, including, without limitation, costs related to the construction and maintenance of roads, sewer and water services, fire and police protection and the construction and maintenance of schools.
(k) The applicant has executed an agreement with the commission which ".
Amend section 1, page 2, by deleting lines 28 through 31 and inserting:
"4. The percentage of the abatement must be 50 percent of the taxes payable each year.".
Amend section 1, page 2, by deleting lines 39 and 40 and inserting:
"eligibility, the taxpayer is eligible for an abatement from the tax imposed by this chapter for 10 years:".
Amend section 1, page 3, by deleting lines 10 and 11 and inserting:
"were abated pursuant to this section. The".
Amend section 1, page 3, by deleting lines 19 through 24 and inserting:
"include a method for determining the appropriate affected local government to approve a proposed abatement and the procedure for obtaining such approval.".
Senator McGinness moved the adoption of the amendment.
Remarks by Senator McGinness.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 255.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 462.
Amend sec. 4, page 1, line 12, by deleting:
"residential user of a photovoltaic" and inserting:
"user of a net metering".
Amend sec. 5, page 1, line 14, by deleting "energy".
Amend sec. 5, page 1, line 16, by deleting "and " and inserting "which is".
Amend sec. 6, page 1, by deleting lines 18 and 19 and inserting:
"Sec. 6. "Net metering system" means a facility for the production of electrical energy that:".
Amend sec. 6, page 1, line 20, after "1." by inserting:
"Uses wind or solar energy as its primary source of fuel;
2.".
Amend sec. 6, page 1, line 21, by deleting "2." and inserting "3.".
Amend sec. 6, page 2, line 1, by deleting "3." and inserting "4.".
Amend sec. 6, page 2, line 3, by deleting "4." and inserting "5.".
Amend sec. 8, page 2, by deleting lines 7 through 9 and inserting:
"Sec. 8. 1. A utility shall offer net metering, as set forth in section 10 of this act, to the customer-generators operating within its service area until 100 of those customer-generators have accepted the offer.".
Amend sec. 8, page 2, lines 11 and 12, by deleting:
"customers that has installed a photovoltaic system" and inserting:
"customer-generators who has accepted its offer for net metering".
Amend sec. 9, page 2, line 21, by deleting "photovoltaic" and inserting "net metering".
Amend sec. 9, page 2, line 23, by deleting "and ".
Amend sec. 9, page 2, line 24, after "Inc." by inserting:
"; and
(c) The Institute of Electrical and Electronic Engineers.".
Amend sec. 9, page 2, line 25, by deleting "photovoltaic" and inserting "net metering".
Amend sec. 10, page 2, line 32, by deleting "energy".
Amend sec. 10, page 2, line 40, by deleting "and " and inserting "which is".
Amend sec. 10, page 2, line 43, by deleting "and " and inserting "which is".
Amend sec. 10, page 3, by deleting lines 1 through 7 and inserting:
"period, neither the utility nor the customer-generator is entitled to compensation for electricity provided to the other during the billing period.".
Amend the title of the bill by deleting the first and second lines and inserting:

"An Act relating to energy; providing for net metering for certain customers of an electric utility who have installed a renewable energy system; specifying standards".
Amend the summary of the bill to read as follows:
"Summary--Provides for net metering for certain customers of electric utility who have installed renewable energy system. (BDR 58-1348)".
Senator Titus moved the adoption of the amendment.
Remarks by Senator Titus.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 328.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 511.
Amend section 1, page 1, line 2, by deleting "6," and inserting "6.4,".
Amend sec. 4, page 2, by deleting lines 34 through 36.
Amend sec. 4, page 2, line 37, by deleting "5." and inserting "4.".
Amend sec. 4, page 2, line 41, by deleting "entitled to" and inserting:
"eligible to earn".
Amend sec. 4, page 2, line 43, by deleting "6." and inserting "5.".
Amend sec. 4, page 3, line 1, by deleting "7." and inserting "6.".
Amend sec. 4, page 3, line 3, by deleting "8." and inserting "7.".
Amend sec. 5, page 3, line 11, after "the" by inserting "individual ".
Amend sec. 5, page 3, by deleting lines 16 through 18.
Amend sec. 5, page 3, line 19, by deleting "3." and inserting "2.".
Amend sec. 5, page 3, line 22, by deleting "4." and inserting "3.".
Amend sec. 5, page 3, line 24, by deleting "5." and inserting "4.".
Amend sec. 5, page 3, line 25, by deleting "6." and inserting "5.".
Amend sec. 5, page 3, line 30, by deleting "7." and inserting "6.".
Amend sec. 5, page 3, line 32, by deleting "8." and inserting "7.".
Amend sec. 5, page 4, line 5, by deleting "9." and inserting "8.".
Amend sec. 6, page 4, between lines 37 and 38, by inserting:
"4. The director may, if appropriate, transmit a deduction made pursuant to NRS 209.463 or section 5 of this act directly to the person, entity or fund for whom the deduction was made.".
Amend the bill as a whole by adding new sections designated sections 6.2 and 6.4, following sec. 6, to read as follows:
"Sec. 6.2. 1. An offender shall obtain the approval of the director before he:
(a) Engages in any employment, including, but not limited to, employment by a private employer or self-employment;
(b) Enters into a contract; or
(c) Participates in a business activity.
2. The director has sole discretion to approve or disapprove employment, contractual activity or business activity pursuant to subsection 1 and may withdraw his approval at any time.
3. An offender who is employed by a private employer shall:
(a) Deposit his income from such employment in his individual account in the prisoners' personal property fund;
(b) Provide the director with a copy of all his federal income tax returns, reports and withholding forms when they become available to the offender; and
(c) Provide the director with a record of any of his bank accounts, including, but not limited to, a checking account, savings account, investment account or account with a brokerage firm, upon a request from the director.
4. A private employer who employs an offender pursuant to NRS 209.459 shall provide the director with:
(a) Monthly statements accounting for all wages he paid to the offender; and
(b) Any information concerning the employment of the offender that is requested by the director.
5. An offender or a private employer who employs an offender pursuant to NRS 209.459 who does not comply with the requirements of this section is guilty of a gross misdemeanor.
Sec. 6.4. 1. The director may delegate to an assistant director, manager, warden or employee of the department the exercise or discharge in the name of the director of any power, duty or function vested in or imposed upon the director.
2. The official act of any such person acting in the name of the director and by his authority shall be deemed an official act of the director.".
Amend the bill as a whole by adding new sections designated sections 7.2 through 7.6, following sec. 7, to read as follows:
"Sec. 7.2. NRS 209.221 is hereby amended to read as follows:
209.221 1. The offenders' store fund is hereby created as a special revenue fund. All money received for the benefit of offenders through contributions, and from other sources not otherwise required to be deposited in another fund, must be deposited in the offenders' store fund.
2. The director shall:
(a) Keep, or cause to be kept, a full and accurate account of the fund;
(b) Submit reports to the board relative to money in the fund as may be required from time to time; and
(c) Submit a monthly report to the offenders of the amount of money in the fund by posting copies of the report at locations accessible to offenders generally or by delivery of copies to the appropriate representatives of the offenders if any are selected.
3. Except as otherwise provided in subsections 4 and 5, money in the offenders' store fund, except interest earned upon it, must be expended for the welfare and benefit of all offenders.
4. If necessary to cover a shortfall of money in the prisoners' personal property fund, the director may, after obtaining the approval of the interim finance committee, authorize the state controller to transfer money from the offenders' store fund to the prisoners' personal property fund, and the state controller shall make the transfer.
5. If an offender has insufficient money in his individual account in the prisoners' personal property fund to repay or defray costs assessed to the offender pursuant to NRS 209.246, the director shall authorize the state controller to transfer sufficient money from the offenders' store fund to the appropriate account in the state general fund to pay costs remaining unpaid, and the state controller shall make the transfer. Any money so transferred must be accounted for separately. The director shall cause the offenders' store fund to be reimbursed from the offender's individual account in the prisoners' personal property fund, as money becomes available.
6. If an offender has insufficient money in his individual account in the prisoners' personal property fund to repay or defray costs assessed to the offender pursuant to NRS 209.246, the offender shall sign a statement under penalty of perjury concerning his financial situation. Such a statement must include, but is not limited to, the following information:
(a) The value of any interest the offender has in real estate;
(b) The value of the personal property of the offender;
(c) The assets in any bank account of the offender; and
(d) The employment status of the offender.
7. The statement required by subsection 6 must also authorize the department to access any relevant document, for the purpose of verifying the accuracy of the information provided by the offender pursuant to this subsection, including, but not limited to, information regarding any bank account of the offender, information regarding any bank account held in trust for the offender and any federal income tax return, report or withholding form of the offender.
8. An offender who conceals assets from the department or provides false or misleading information on a statement prepared pursuant to this section is guilty of a gross misdemeanor.
9. A person who aids or encourages an offender to conceal assets from the department or to provide false or misleading information on a statement prepared pursuant to this section is guilty of a gross misdemeanor.
Sec. 7.4. NRS 209.239 is hereby amended to read as follows:
209.239[The] Subject to the approval of the director, the warden of each institution and the manager of each facility shall adopt and issue a written policy statement regulating the personal property which an offender may retain in his possession, including [:] , but not limited to:
1. Procedures necessary to ensure that offenders are permitted to retain reasonable amounts of personal property, consistent with security and the proper functioning of the institution or facility.
2. Necessary procedures for the careful handling and secure storage of the personal property of an offender.
Sec. 7.6. NRS 209.241 is hereby amended to read as follows:
209.241 1. The director may accept money, including the net amount of any wages earned during the incarceration of an offender after any deductions made by the director [,] and valuables belonging to an offender at the time of his incarceration or afterward received by gift, inheritance or the like or earned during the incarceration of an offender , and shall deposit the money in the prisoners' personal property fund, which is hereby created as a trust fund.
2. An offender shall deposit all money that he receives, other than the wages which he earns from employment pursuant to NRS 209.459, into his individual account in the prisoners' personal property fund.
3. The director:
(a) Shall keep, or cause to be kept, a full and accurate account of the money and valuables, and shall submit reports to the board relating to the money and valuables as may be required from time to time.
(b) May permit withdrawals for immediate expenditure by an offender for personal needs.
(c) Shall pay over to each offender upon his release any remaining balance in his individual account.
[3.] 4. The interest and income earned on the money in the fund, after deducting any applicable charges, must be credited to the offenders' store fund.
[4.] 5. The provisions of this chapter do not create a right on behalf of any offender to any interest or income that accrues on the money in the prisoners' personal property fund. The provisions of this chapter do not establish a basis for any cause of action against the state or against officers or employees of the state to claim ownership of any interest or income that accrues on the money in the prisoners' personal property fund.
6. An offender who does not deposit all money he receives, other than the wages he earns from employment pursuant to NRS 209.459, into his individual account in the prisoners' personal property fund as required in this section is guilty of a gross misdemeanor.
7. A person who aids or encourages an offender not to deposit all money the offender receives, other than the wages the offender earns from employment pursuant to NRS 209.459, into the individual account of the offender in the prisoners' personal property fund as required in this section is guilty of a gross misdemeanor.".
Amend the bill as a whole by adding new sections designated sections 8.2 and 8.4, following sec. 8, to read as follows:
"Sec. 8.2. NRS 209.331 is hereby amended to read as follows:
209.331 An offender may be taken outside an institution or facility under appropriate precautions to prevent his escape, when necessary for medical evaluation or treatment, as determined by the director [.] or his designee. All decisions regarding the medical evaluation or treatment of an offender, including, but not limited to, whether the offender needs to see a provider of health care outside of the prison, whether to change providers of health care and whether an offender will receive a course of treatment, are within the discretion of the director or his designee.
Sec. 8.4. NRS 209.351 is hereby amended to read as follows:
209.351 The director shall:
1. Establish a system of ongoing classification and evaluation to ensure the individualized custody, care and training of offenders under the department's jurisdiction.
2. Keep, or cause to be kept, records for each offender containing:
(a) The offender's name, age, date of birth, race, sex, height, weight, complexion, color of eyes and hair, peculiarities of build or features.
(b) The offender's place of birth (state, county or city, or country, province or city).
(c) The offender's occupation and whether he can read and write.
(d) The offender's record of conviction, including the date of sentence, name of the judge passing sentence, county from which sentenced, crime charged, date of incarceration, term of imprisonment and expiration date of minimum and maximum terms of imprisonment.
(e) The medical records of the offender, including, but not limited to, medical records produced by the department and medical records produced by a provider of health care outside the prison.
(f) Such other desirable or pertinent information as may be necessary.
3. Maintain a comprehensive record of the behavior of each offender reflecting his accomplishments and progress as well as charges of infractions of regulations, punishments imposed and medical services rendered.".
Amend the bill as a whole by renumbering sec. 21 as sec. 24 and adding new sections designated sections 21 through 23, following sec. 20, to read as follows:
"Sec. 21. Chapter 629 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A provider of health care shall, upon request of the director of the department of prisons or his designee, provide the department of prisons with a complete copy of the health care records of an offender confined at the state prison.
2. Records provided to the department of prisons must not be used at any public hearing unless:
(a) The offender named in the records has consented in writing to their use; or
(b) Appropriate procedures are utilized to protect the identity of the offender from public disclosure.
3. A provider of health care and an agent or employee of a provider of health care are immune from civil liability for a disclosure made in accordance with the provisions of this section.
Sec. 22. The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 23. The amendatory provisions of sections 6.2 and 7.2 of this act do not apply to offenses that are committed before the effective date of this act.".
Amend the title of the bill, eighth line, after the semicolon, by inserting:
"revising the provisions governing the outside employment of a prisoner; providing that the director of the department of prisons may delegate certain powers; providing penalties;".
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. 345.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 509.
Amend sec. 6, page 3, line 11, by deleting "4," and inserting:
"4 and NRS 463.172,"
Senator James moved the adoption of the amendment.
Remarks by Senator James.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

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

Senate in recess at 11:26 a.m.

SENATE IN SESSION

At 11:28 a.m.
President pro Tempore Jacobsen presiding.
Quorum present.

SECOND READING AND AMENDMENT

Senate Bill No. 382.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 567.
Amend sec. 21, page 8, between lines 39 and 40 by inserting:
"7. The board shall consider and take appropriate action concerning a written notification received by the board pursuant to section 2 or 3 of [this act.] Assembly Bill No. 328 of this session.".
Amend sec. 22, pages 8 and 9, by deleting lines 41 through 44 on page 8 and lines 1 through 5 on page 9 and inserting:
"625.170 1. The executive director of the board shall , [prepare] once each year [,] or at intervals [as] established by the board, prepare a roster [showing the names, last known addresses and disciplines of engineering of all registered professional engineers and the names and last known addresses of all land surveyors, engineering interns and land-surveying interns. Copies of the] that shows, for each:
(a) Professional engineer, his name, the city in which he lives, his license number and the discipline of engineering in which he specializes.
(b) Professional land surveyor, his name, the city in which he lives and his license number.
(c) Engineer intern or land surveyor intern, his name and license number.
2. The roster must be:
[1. Mailed to each person so registered.
2.] (a) Made available to each licensee in a manner prescribed by the board.
(b) Placed on file with the secretary of state and county and city clerks.
[3.] (c) Distributed or sold to the public.".
Amend sec. 66, page 30, by deleting lines 23 and 24 and inserting:
"255.025 No person may be appointed as a county surveyor unless he is a professional land surveyor [registered] licensed pursuant to the".
Amend the bill as a whole by renumbering sections 84 through 87 as sections 86 through 89 and adding new sections designated sections 84 and 85, following sec. 83, to read as follows:
"Sec. 84. Section 2 of Senate Bill No. 93 of this session is hereby amended to read as follows:
Sec. 2. 1. The board may require a firm, partnership, corporation or any other person who is not a natural person to [register with] obtain a license from the board before engaging in or offering to engage in the practice of professional engineering in this state. The board may charge a fee of not more than $50 to [register] apply for the issuance of a license pursuant to this section.
2. The board may adopt regulations to carry out the provisions of this section.
Sec. 85. Section 3 of Senate Bill No. 93 of this session is hereby amended to read as follows:
Sec. 3. 1. The board may require a firm, partnership, corporation or any other person who is not a natural person to [register with] obtain a license from the board before engaging in or offering to engage in the practice of land surveying in this state. The board may charge a fee of not more than $50 to [register] apply for the issuance of a license pursuant to this section.
2. The board may adopt regulations to carry out the provisions of this section.".
Amend the bill as a whole by adding a new section designated sec. 90, following sec. 87, to read as follows:
"Sec. 90. Section 21 of this act becomes effective at 12:01 a.m. on October 1, 1997.".
Senator Shaffer moved the adoption of the amendment.
Remarks by Senator Shaffer.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 401.
Bill read second time and ordered to third reading.

Senate Bill No. 406.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 537.
Amend section 1, page 1, line 2, by deleting "district " and inserting "prosecuting ".
Amend section 1, page 1, by deleting line 6 and inserting:
"2. If the attorney general, a prosecuting attorney or an agency of criminal justice".
Amend section 1, page 1, by deleting line 13 and inserting:
"prosecuting attorney or an agency of criminal justice may submit such a request to".
Amend section 1, page 2, line 5, by deleting "district " and inserting "prosecuting ".
Amend section 1, page 2, line 10, by deleting "district " and inserting "prosecuting ".
Amend the title of the bill, first line, by deleting "district" and inserting "prosecuting".
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. 417.
Bill read second time.
The following amendment was proposed by the Committee on Finance:
Amendment No. 539.
Amend section 1, page 1, by deleting lines 7 and 8 and inserting:

"For establishing and filing a record of paternity (other than a hospital-based paternity), and providing a certified copy of the new record 20".
Amend section 1, page 1, line 19, by deleting "marriage certificates" and inserting:
"records of marriage [certificates]".
Amend section 1, page 2, line 1, by deleting "divorce certificates" and inserting:
"records of divorce [certificates]".
Amend section 1, page 2, by deleting line 3 and inserting:
"For compiling data files which require specific changes in computer programming 200".
Senator Raggio moved the adoption of the amendment.
Remarks by Senator Raggio.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 431.
Bill read second time and ordered to third reading.

Senate Bill No. 440.
Bill read second time and ordered to third reading.

Assembly Bill No. 84.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 538.
Amend sec. 2, page 1, by deleting lines 12 through 14 and inserting:
"217.020 As used in NRS 217.010 to 217.270, inclusive, [and] sections 3 and 4 of [this act,] Assembly Bill No. 110 of this session and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 217.025 to 217.070, inclusive, and section 3 of [this act] Assembly Bill No. 110 of this session have the meanings ascribed to them in".
Amend sec. 3, page 2, by deleting lines 9 through 14 and inserting:
"NRS 484.3795; [or]
5. A pedestrian who is physically injured or killed as the direct result of a driver of a motor vehicle who failed to stop at the scene of an accident involving the driver and the pedestrian in violation of NRS 484.219; or
6. A resident who is physically injured or killed as the direct result of an act of international terrorism as defined in 18 U.S.C. § 2331(1).
The term includes a person who was harmed by any of these acts whether the act was committed by an adult or a minor.".
Amend sec. 6, page 3, by deleting lines 28 through 38 and inserting:
"(b) Was not a citizen of the United States or was not lawfully entitled to reside in the United States at the time the incident upon which the claim is based occurred or he is unable to provide proof that he was a citizen of the United States or was lawfully entitled to reside in the United States at that time;
(c) Was a coconspirator, codefendant, accomplice or adult passenger of the offender whose crime caused the victim's injuries;
(d) Was not a resident at the time he was victimized, unless he was injured in this state and the board determines that the State of Nevada has a sufficient amount of money to pay for the claim from money received from the Federal Government for the compensation of victims of crime; [or]
(e) Was injured or killed while serving a sentence of imprisonment in a prison or jail;
(f) Was injured or killed while living in a facility for the commitment or detention of children who are adjudicated delinquent pursuant to chapter 62 of NRS; or
(g) Fails to cooperate with law enforcement agencies. Such cooperation".
Amend sec. 6, page 4, by deleting lines 3 through 6 and inserting:
"continuing relationship may be awarded compensation if the offender would not profit by the compensation of the victim.".
Amend sec. 6, page 4, by deleting lines 15 through 20.
Senator James moved the adoption of the amendment.
Remarks by Senator James.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 99.
Bill read second time.
The following amendment was proposed by the Committee on Legislative Affairs and Operations:
Amendment No. 613.
Amend the bill as a whole by deleting sections 1 through 3 and adding a new section designated section 1, following the enacting clause, to read as follows:
"Section 1. NRS 218.277 is hereby amended to read as follows:
218.2771. Any member of the next succeeding regular session of the legislature [and any entity that is authorized to request the preparation of a legislative measure] may request the legislative counsel to prefile any legislative bill or joint resolution that was requested by that legislator [or entity] for introduction in the next succeeding regular session of the legislature.
2. Such bills and joint resolutions must be in such final and correct form for introduction in the legislature as required by the constitution and this chapter.
3. The legislative counsel shall not prefile a bill or joint resolution requested by:
(a) A member of the legislature who is not a candidate for reelection [or any entity that is authorized to request the preparation of a legislative measure] until after the general election immediately preceding the regular session of the legislature.
(b) A member of the legislature who is elected or reelected to his office at the general election immediately preceding the regular session of the legislature until he is determined to have received the highest number of votes pursuant to the canvass of votes required by NRS 293.395.".
Amend the title of the bill to read as follows:

"An Act relating to legislation; limiting the authority to prefile a bill or joint resolution to legislators; and providing other matters properly relating thereto.".
Amend the summary of the bill to read as follows:
"Summary--Limits authority to prefile bill or joint resolution to legislators. (BDR 17-331)".
Senator James moved the adoption of the amendment.
Remarks by Senator James.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 240.
Bill read second time and ordered to third reading.

Assembly Bill No. 348.
Bill read second time and ordered to third reading.

Assembly Bill No. 360.
Bill read second time and ordered to third reading.

Assembly Bill No. 422.
Bill read second time and ordered to third reading.

Assembly Bill No. 427.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 577.
Amend sec. 3, page 2, line 17, by deleting "October" and inserting "July".
Amend the bill as a whole by adding a new section designated sec. 4, following sec. 3, to read as follows:
"Sec. 4. This act becomes effective on July 1, 1997.".
Senator Adler moved the adoption of the amendment.
Remarks by Senator Adler.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Assembly Joint Resolution No. 11.
Resolution read second time and ordered to third reading.

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, June 12, 1997

To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day adopted Assembly Concurrent Resolution No. 36.

Jacqueline Sneddon

Assistant Chief Clerk of the Assembly

MOTIONS, RESOLUTIONS AND NOTICES

Assembly Concurrent Resolution No. 36--Expressing support for the efforts being made in the State of Nevada to prevent teenage pregnancy.
Whereas, The State of Nevada ranks second in the nation for pregnancies among young women ages 15 to 19, tenth for young women under the age of 15, sixth for young women 15 to 17 years old, and first for young women ages 18 and 19; and
Whereas, In 1995 in the State of Nevada, approximately 12 teenage girls became pregnant each day, or approximately 375 each month; and
Whereas, Approximately 50 percent of married and 75 percent of unmarried adolescent mothers receive benefits from Aid to Families with Dependent Children within 4 years after the birth of their first child; and
Whereas, In the State of Nevada, 72 percent of the fathers of babies born to teenage mothers are over the age of 19; and
Whereas, Babies born to teenage mothers experience higher incidences of infant death and low birth weight; and
Whereas, Research has indicated that the State of Nevada is likely to achieve the greatest success in reducing its rates of teenage pregnancy through communitywide, comprehensive outreach efforts; and
Whereas, The Department of Human Resources and the Office of the Attorney General have formed a partnership to develop a plan of action to address the urgent need for the prevention of teenage pregnancies; and
Whereas, Many communities throughout this state have responded to this need, forming 23 community action teams dedicated to working together within their communities to prevent teenage pregnancies; and
Whereas, The Governor's Youth Advisory Council was created to address issues of concern to youth, including teenage pregnancy; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the Nevada Legislature support the efforts of those local and state agencies that are endeavoring to reduce the incidence of pregnancies among young women in this state; and be it further
Resolved, That youth, parents and communities within the State of Nevada and local and state agencies are hereby urged to support and assist local community action teams in their efforts to prevent teenage pregnancy.
Senator Titus moved the adoption of the resolution.
Remarks by Senator Titus.
Senator Titus requested that her remarks be entered in the Journal.
Thank you, Mr. President pro Tempore. I think Assembly Concurrent Resolution No. 36 does a good job of laying out the problem of teen pregnancy which we all recognize here in the State of Nevada. It is important to take a moment to commend the groups which are working on this problem, especially the Governor's Youth Advisory Council. I would urge your support of this resolution.
Resolution adopted.

GENERAL FILE AND THIRD READING

Senate Bill No. 275.
Bill read third time.
The following amendment was proposed by Senator Neal:
Amendment No. 606.
Amend section 1, page 1, line 3, after "persons" by inserting:
"in private employment".
Senator Neal moved the adoption of the amendment.
Remarks by Senator Neal.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 183.
Bill read third time.
Roll call on Senate Bill No. 183:
Yeas -- 21.
Nays -- None.
Senate Bill No. 183 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.

Senate Bill No. 185.
Bill read third time.
Roll call on Senate Bill No. 185:
Yeas -- 21.
Nays -- None.
Senate Bill No. 185 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.

Senate Bill No. 280.
Bill read third time.
Roll call on Senate Bill No. 280:
Yeas -- 20.
Nays -- None.
Not voting -- Coffin.
Senate Bill No. 280 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 223.
Bill read third time.
Roll call on Assembly Bill No. 223:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 223 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 263.
Bill read third time.
Roll call on Assembly Bill No. 263:
Yeas -- 20.
Nays -- None.
Not voting -- Raggio.
Assembly Bill No. 263 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 509.
Bill read third time.
Remarks by Senator Raggio.
Roll call on Assembly Bill No. 509:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 509 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.

UNFINISHED BUSINESS
Consideration of Assembly Amendments

Senate Bill No. 136.
The following Assembly amendment was read:
Amendment No. 444.
Amend the bill as a whole by deleting section 1 and renumbering sections 2 through 4 as sections 1 through 3.
Amend sec. 2, page 2, line 16, after "departments." by inserting:
"Such a resolution must be enacted on or before January 1 of the year in which the additional municipal judge is to be elected and must prohibit the commencement of the operations of the additional department until the additional judge has been elected and takes office.".
Amend sec. 2, page 2, by deleting lines 21 through 24 and inserting:
"3. If the city council creates an additional department pursuant to subsection 1, the municipal judge who will preside over that department must be elected at the next municipal election that meets the requirements of subsection 1.".
Senator O'Connell moved that the Senate concur in the Assembly amendment to Senate Bill No. 136.
Remarks by Senator O'Connell.
Amendment adopted.
Bill ordered enrolled.
Signing of Bills and Resolutions

There being no objection, the President and Secretary signed Senate Bills Nos. 102, 277; Senate Joint Resolution No. 6; Senate Concurrent Resolution No. 48.

GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR

On request of Senator Raggio, the privilege of the floor of the Senate Chamber for this day was extended to Tyrus William Cobb, William Cobb, Cathy Cobb, Jennifer Cobb, Michelle Cobb, Ryan Cobb, Christopher Cobb, Patricia Cobb and Steven Sawdon.

On request of Senator Titus, the privilege of the floor of the Senate Chamber for this day was extended to Bill Parker and Tyson Burton.

Senator Raggio moved that the Senate adjourn until Friday, June 13, 1997 at 10 a.m. and that it do so in memory of Ty Cobb.
Motion carried.

Senate adjourned at 12:10 p.m.

Approved:

Lawrence E. Jacobsen

President pro Tempore of the Senate

Attest: Janice L. Thomas
Secretary of the Senate