Carson City (Monday), June 30, 1997

Senate called to order at 11:46 a.m.
President Hammargren presiding.
Roll called.
All present.
Prayer by the Chaplain, Cleric Carol English.
In the name of the God:
We are reminded that each of us is responsible for our thoughts, words, and deeds. Please guide the men and women of this senate to look into their hearts for direction and inspiration as they make the weighty decisions that affect the lives of everyone within the borders of this great state. Sustain them with peace and love through the long hours of the closing days of this 1997 Legislature.
Eckankar, the Religion of the Light and Sound of God, teaches us about God's gift to everyone of the word "HU", which is spelled HU. When sung in a long drawn out way, it is a love song to God. It opens our hearts to the Light and to the Sound, which is the Word of God, allowing us to reach new and greater spiritual levels regardless of the religious path we follow. It clarifies the course of action that is right for us to follow as we go through life each day. By learning to silence the outer influences for a few minutes of each day, we can tap into an unlimited reservoir of love and wisdom that exists within our hearts.
Now please join me in a moment of silence by silently singing either the "HU", another word that is sacred to you and brings love into your heart, or place your attention on a spiritual being that has special meaning to you.
In Your name, God, we thank You for Your Love that surrounds, protects and guides us.
May the blessings be.

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:
Your Committee on Government Affairs, to which were referred Senate Bill No. 47; Assembly Bills Nos. 74, 517, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Ann O'Connell,

Chairman

Mr. President:
Your Committee on Human Resources and Facilities, to which was referred Assembly Bill No. 468, 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 Judiciary, to which was referred Senate Bill No. 409, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Mark A. James,

Chairman

Mr. President:
Your Committee on Natural Resources, to which was referred Senate Bill No. 472, 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

Assembly Chamber, Carson City, June 29, 1997

To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day concurred in the Senate amendments to Assembly Bills Nos. 344, 348, 522, 573 Assembly Joint Resolution No. 8.
Also, I have the honor to inform your honorable body that the Assembly on this day respectfully refused to recede from its action on Senate Bill No. 167 and requests a conference, and appointed Assemblymen Evans, Segerblom and Humke as a first Committee on Conference to meet with a like committee of the Senate.

Jacqueline Sneddon

Assistant Chief Clerk of the Assembly

Senator Raggio moved that for the remainder of the session, all bills and resolutions reported out of committee with a "Do Pass" or to "be adopted" be immediately placed on the appropriate files, time permitting.
Senator Raggio requested that his remarks be entered in the Journal.
Suspending this rule places measures immediately on appropriate files after the committee reports have been read will accelerate the speed of the session. "Time permitting" will give the front desk flexibility in coordinating agendas.
Motion carried.

Senator Raggio moved that all bills and joint resolutions returned from reprint be declared emergency measures and immediately placed on the General File and Concurrent Resolutions be placed on the Resolution File, time permitting.
Senator Raggio requested that his remarks be entered in the Journal.
This eliminates the one-day notice for review of bills and resolutions. The Senate will be operating with many agendas throughout these last days of session.
Motion carried.

Senator Raggio moved that all Assembly Bills and Resolutions passed or adopted be immediately transmitted to the Assembly, time permitting.
Senator Raggio requested that his remarks be entered in the Journal.
Transmitting the Assembly Bills and Resolutions will expedite the process so the Assembly can review Senate amendments to its legislative measures and concurrence. Not concurring in Senate amendments are potential conference committees and can delay sine die.
Motion carried.

By the Committee on Finance:
Senate Bill No. 489--An Act relating to aging persons; requiring the creation of a Nevada silver haired legislative forum to identify and act upon issues of importance to aging persons; making an appropriation; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.

By the Committee on Finance:
Senate Bill No. 490--An Act relating to the legislature; revising the provisions governing the compensation of certain legislative employees; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.

Assembly Bill No. 248.
Bill read third time.
Roll call on Assembly Bill No. 248.
Yeas--20.
Nays--None.
Not voting--Townsend.
Assembly Bill No. 248 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 291.
Bill read third time.
The following amendment was proposed by the Committee on Taxation:
Amendment No. 1017.
Amend section 1, page 1, line 2, by deleting "17," and inserting "18,".
Amend sec. 7, page 2, line 36, by deleting "must specify" and inserting:
"must:
(a) Specify".
Amend sec. 7, page 2, between lines 41 and 42, by inserting:
"(b) In a county whose population is 400,000 or more, provide for the cessation of the tax not later than:
(1) The last day of the month in which the department determines that the total sum collected since the tax was first imposed, exclusive of any penalties and interest, exceeds $2.3 billion; or
(2) June 30, 2025,
whichever occurs earlier.".
Amend sec. 8, page 4, by deleting lines 12 and 13 and inserting:
"1. A provision imposing a tax upon retailers at the rate of not more than:
(a) In a county whose population is 100,000 or more but less than 400,000, one-eighth of 1 percent; or
(b) In all other counties, one-quarter of 1 percent,
of the gross receipts of any retailer from the sale of ".
Amend sec. 8, page 4, by deleting lines 30 through 33 and inserting:
"written contract:
(a) Entered into on or before the effective date of the tax or the increase in the tax; or
(b) For the construction of an improvement to real property for which a binding bid was submitted before the effective date of the tax or the increase in the tax if the bid was afterward accepted,
if under the terms of the contract or bid the contract".
Amend sec. 13, page 6, line 17, by deleting "submitted to" and inserting "filed with".
Amend sec. 13, page 6, by deleting lines 19 through 21 and inserting:
"or wastewater facility.".
Amend sec. 14, page 7, by deleting lines 19 through 21 and inserting:
"(1) Projects for the management of flood plains or the prevention of floods; or
(2) Facilities relating to public safety;".
Amend sec. 14, page 7, by deleting line 34 and inserting:
"(1) Projects for the management of flood plains or the prevention of floods; or".
Amend sec. 14, page 7, line 36, after "The" by inserting:
"construction or renovation of facilities for schools;
(d) The".
Amend sec. 14, page 7, by deleting lines 38 and 39 and inserting:
"paragraphs (a), (b) and (c); or
(e) Any combination of those purposes.".
Amend sec. 15, page 7, line 43, by deleting:
"subsection 2 or 3," and inserting "this section,".
Amend sec. 15, page 8, between lines 23 and 24, by inserting:
"4. In a county whose population is 400,000 or more, no bonds or other securities may be issued pursuant to this section which are payable from or secured by, in whole or in part, any revenue from a tax enacted pursuant to this chapter to be collected after:
(a) The last day of the month in which the department determines that the total sum collected since the tax was first imposed, exclusive of any penalties and interest, exceeds $2.3 billion; or
(b) June 30, 2025,
whichever occurs earlier.".
Amend sec. 17, pages 8 and 9, by deleting lines 42 and 43 on page 8 and lines 1 through 20 on page 9.
Amend sec. 17, page 9, line 21, by deleting "3." and inserting "Sec. 17.".
Amend sec. 17, page 9, line 29, by deleting "(a)" and inserting "1.".
Amend sec. 17, page 9, line 32, by deleting "(b)" and inserting "2.".
Amend sec. 17, page 9, line 33, by deleting "(c)" and inserting "3.".
Amend the bill as a whole by renumbering sections 18 and 19 as sections 21 and 22 and adding new sections designated sections 18 through 20, following sec. 17, to read as follows:
"Sec. 18. If a person has not been habitually delinquent in the payment of any sales or use tax at any time within the immediately preceding 3 years, the department shall disregard the amount of any tax due pursuant to this chapter when determining the amount of any security it may require from that person for the payment of any sales or use tax.
Sec. 19. Chapter 244 of NRS is hereby amended by adding thereto a new section to read as follows:
1. In addition to all other taxes imposed on the revenue from the rental of transient lodging, a board of county commissioners in a county whose population is 100,000 or more but less than 400,000 may by ordinance, but not as in a case of emergency, impose a tax at the rate of not more than 1 percent of the gross receipts from the rental of transient lodging throughout the county, including its incorporated cities, upon all persons in the business of providing lodging.
2. The ordinance imposing the tax must include all the matters required by NRS 244.3352 for the mandatory tax, must be administered in the same manner, and imposes the same liabilities, except:
(a) Collection of the tax imposed pursuant to this section must not commence earlier than the first day of the second calendar month after adoption of the ordinance imposing the tax; and
(b) The governmental entity collecting the tax must transfer all collections to the county and may not retain any part of the tax as a collection or administrative fee.
3. The proceeds of the tax and any applicable penalty or interest must be retained by the county and used for the payment of principal and interest on notes, bonds or other obligations issued by the county to fund the acquisition, establishment, construction or expansion of one or more railroad grade separation projects.
Sec. 20. NRS 244.3359 is hereby amended to read as follows:
244.33591. A county whose population is 400,000 or more shall not impose a new tax on the rental of transient lodging or increase the rate of an existing tax on the rental of transient lodging after March 25, 1991, except pursuant to NRS 244.3351.
2. A county whose population is 100,000 or more but less than 400,000 shall not impose a new tax on the rental of transient lodging or increase the rate of an existing tax on the rental of transient lodging after March 25, 1991 [.] , except pursuant to section 19 of this act.
3. The legislature hereby declares that the limitation imposed by subsection 2 will not be repealed or amended except to allow the imposition of [an] :
(a) An increase in such a tax for the promotion of tourism or for the construction or operation of tourism facilities by a convention and visitors authority [.] ; and
(b) A new tax for the acquisition, establishment, construction or expansion of railroad grade separation projects.".
Amend the bill as a whole by renumbering sec. 20 as sec. 28 and adding new sections designated sections 23 through 27, following sec. 19, to read as follows:
"Sec. 23. The legislature hereby finds and declares that:
1. The increased use of the railroad lines in and through the urban areas of Washoe County has caused:
(a) Extensive traffic problems for the drivers of private automobiles as well as commercial vehicles who need reasonable access to these urban areas on a daily basis;
(b) Serious difficulties for emergency vehicles including fire-fighting equipment as well as ambulances which need immediate access to all portions of the county; and
(c) Economic disadvantages for businesses located in both the urban and nonurban areas of the county.
2. A general law cannot be made applicable to the problem addressed by section 24 of this act because of the economic and geographical diversity of the local governments of this state, the unique growth patterns in those local governments and the special conditions experienced in Washoe County related to the increased use of the railroad lines in and through the urban areas of the county.
Sec. 24. 1. The board of county commissioners of Washoe County may by ordinance, but not as in a case of emergency, impose a tax upon the retailers at the rate of not more than one-eighth of 1 percent of the gross receipts of any retailer from the sale of all tangible personal property sold at retail, or stored, used or otherwise consumed in the county if the board:
(a) Imposes a tax on the rental of transient lodging pursuant to section 19 of this act in the maximum amount allowed by that section; and
(b) Receives a written commitment from one or more other sources for the expenditure of not less than one-half of the total cost of a project for the acquisition, establishment, construction or expansion of railroad grade separation projects in Washoe County.
2. An ordinance enacted pursuant to subsection 1 may not become effective before a question concerning the imposition of the tax is approved by a two-thirds majority of the members of the board of county commissioners.
3. An ordinance enacted pursuant to subsection 1 must specify the date on which the tax must first be imposed which must occur on the first day of the first month of the next calendar quarter that is at least 60 days after the date on which a two-thirds majority of the board of county commissioners approved the question.
4. An ordinance enacted pursuant to subsection 1 must include provisions in substance as follows:
(a) Provisions substantially identical to those contained in chapter 374 of NRS, insofar as applicable.
(b) A provision that all amendments to chapter 374 of NRS after the date of enactment of the ordinance, not inconsistent with this section, automatically become a part of an ordinance enacted pursuant to subsection 1.
(c) A provision stating the specific purpose for which the proceeds of the tax must be expended.
(d) A provision that the county shall contract before the effective date of the ordinance with the department of taxation to perform all functions incident to the administration or operation of the tax in the county.
(e) A provision that exempts from the tax the gross receipts from the sale of, and the storage, use or other consumption in a county of, tangible personal property used for the performance of a written contract:
(1) Entered into on or before the effective date of the tax; or
(2) For the construction of an improvement to real property for which a binding bid was submitted before the effective date of the tax if the bid was afterward accepted,
if under the terms of the contract or bid the contract price or bid amount cannot be adjusted to reflect the imposition of the tax.
5. No ordinance imposing a tax which is enacted pursuant to subsection 1 may be repealed or amended or otherwise directly or indirectly modified in such a manner as to impair any outstanding bonds or other obligations which are payable from or secured by a pledge of a tax enacted pursuant to subsection 1 until those bonds or other obligations have been discharged in full.
6. All fees, taxes, interest and penalties imposed and all amounts of tax required to be paid to the county pursuant to this section must be paid to the department of taxation in the form of remittances payable to the department of taxation.
7. The department of taxation shall deposit the payments with the state treasurer for credit to the sales and use tax account in the state general fund.
8. The state controller, acting upon the collection data furnished by the department of taxation, shall monthly:
(a) Transfer from the sales and use tax account to the appropriate account in the state general fund a percentage of all fees, taxes, interest and penalties collected pursuant to this section during the preceding month as compensation to the state for the cost of collecting the taxes. The percentage to be transferred pursuant to this paragraph must be the same percentage as the percentage of proceeds transferred pursuant to paragraph (a) of subsection 3 of NRS 374.785 but the percentage must be applied to the proceeds collected pursuant to this section only.
(b) Determine for the county an amount of money equal to any fees, taxes, interest and penalties collected in or for the county pursuant to this section during the preceding month, less the amount transferred to the state general fund pursuant to paragraph (a).
(c) Transfer the amount determined for the county to the intergovernmental fund and remit the money to the county treasurer.
9. The county treasurer shall deposit the money received pursuant to subsection 8 in the county treasury for credit to a fund to be known as the railroad grade separation projects fund. The railroad grade separation projects fund must be accounted for as a separate fund and not as a part of any other fund.
10. The money in the railroad grade separation projects fund, including interest and any other income from the fund must only be expended by the board of county commissioners for the payment of principal and interest on notes, bonds or other securities issued to provide money for the cost of the acquisition, establishment, construction or expansion of one or more railroad grade separation projects.
Sec. 25. 1. The legislative auditor shall:
(a) Conduct a performance audit of the Southern Nevada Water Authority;
(b) Prepare a final written report of the audit before January 18, 1999;
(c) Present the final written report to the senate standing committee on taxation and assembly standing committee on taxation of the 70th session of the Nevada legislature; and
(d) After presenting the final written report in accordance with paragraph (c), present the final written report to the legislative commission and the audit subcommittee of the legislative commission.
2. To the extent that the provisions of NRS 218.737 to 218.890, inclusive, are consistent with the requirements of this section, those provisions apply to the audit conducted pursuant to this section. For the purposes of this subsection, the Southern Nevada Water Authority shall be deemed to be an agency of the state.
3. Upon the request of the legislative auditor or his authorized representative, the officers and employees of each member of the Southern Nevada Water Authority shall make available to the legislative auditor any of their books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise and irrespective of their form or location, which the legislative auditor deems necessary to conduct the audit required by this section.
4. The Southern Nevada Water Authority shall, within 6 months after the period for submission of plans pursuant to paragraph (c) of subsection 1 of NRS 218.8235, submit to the legislative auditor a report specifying the extent to which the recommendations of the legislative auditor have been carried out, the extent to which the recommendations have not been carried out and the reasons for any failure to carry out the recommendations.
Sec. 26. 1. Upon the request of the legislative auditor, the Southern Nevada Water Authority shall transfer to the audit division of the legislative counsel bureau the sum of $120,000 to carry out the provisions of section 25 of this act.
2. Any remaining balance of the sum transferred pursuant to subsection 1 must not be committed for expenditure after January 18, 1999, and must be transferred to the Southern Nevada Water Authority as soon as all payments of money committed have been made.
Sec. 27. If the Southern Nevada Water Authority receives from the state controller, pursuant to section 9 of this act, any proceeds of a tax imposed pursuant to sections 7 and 8 of this act, the Southern Nevada Water Authority shall:
1. Hold a public hearing 10 years after the date the tax was first imposed.
2. Provide notice of the time and place of the public hearing in the manner set forth in subsection 5 of section 7 of this act.
3. At the public hearing, present a report of its expenditure of the proceeds of the tax and the status of any projects for which those proceeds are being or have been expended.".
Amend the title of the bill by deleting the second and third lines and inserting:
"infrastructure; authorizing Washoe County to impose a tax on the rental of transient lodging for railroad grade separation projects under certain circumstances; authorizing certain cities and the Las Vegas Valley Water District to impose an excise tax on the use of water for water facilities; requiring the legislative auditor to conduct a performance audit of the Southern Nevada Water Authority; and providing other".
Senator McGinness moved the adoption of the amendment.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.

Assembly Bill No. 342.
Bill read third time.
Roll call on Assembly Bill No. 342:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 342 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 577.
Bill read third time.
Remarks by Senators Raggio, James and Rawson.
Conflict of interest declared by Senator Rawson.
Roll call on Assembly Bill No. 577:
Yeas -- 20.
Nays -- None.
Not voting -- Coffin.
Assembly Bill No. 577 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Randolph J. Townsend,

Chairman

Mr. President:
Your Committee on Finance, to which were referred Assembly Bills Nos. 659, 660, 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 Senate Bill No. 476, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Raymond D. Rawson,

Chairman

"An Act relating to industrial insurance; authorizing the administrators of jails and other local detention facilities to request participation in a modified program of industrial insurance for prisoners; requiring the division of industrial relations of the department of business and industry to adopt regulations setting forth such a program; and providing other matters properly relating thereto.".

"Summary--Authorizes administrators of jails and other local detention facilities to request participation in modified program of industrial insurance for prisoners. (BDR 53-115)".

Senate Bill No. 409.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary.
Amendment No. 997.
Amend the bill as a whole by deleting section 1 and adding a new section designated section 1, following the enacting clause, to read as follows:
"Section 7 NRS 37.010 is hereby amended to read as follows:
37.010Subject to the provisions of this chapter, the right of eminent domain may be exercised in behalf of the following public purposes:
1. Federal activities. All public purposes authorized by the Government of the United States.
2. State activities. Public buildings and grounds for the use of the state, the University and Community College System of Nevada and all other public purposes authorized by the legislature.
3. County, city, town and school district activities. Public buildings and grounds for the use of any county, incorporated city or town, or school district, reservoirs, water rights, canals, aqueducts, flumes, ditches or pipes for conducting water for the use of the inhabitants of any county, incorporated city or town, for draining any county, incorporated city or town, for raising the banks of streams, removing obstructions therefrom, and widening, deepening or straightening their channels, for roads, streets and alleys, and all other public purposes for the benefit of any county, incorporated city or town, or the inhabitants thereof.
4. Bridges, toll roads, railroads, street railways and similar uses. Wharves, docks, piers, chutes, booms, ferries, bridges, toll roads, byroads, plank and turnpike roads, roads for transportation by traction engines or locomotives, roads for logging or lumbering purposes, and railroads and street railways for public transportation.
5. Ditches, canals, aqueducts for smelting, domestic uses, irrigation and reclamation. Reservoirs, dams, water gates, canals, ditches, flumes, tunnels, aqueducts and pipes for supplying persons, mines, mills, smelters or other works for the reduction of ores, with water for domestic and other uses, for irrigating purposes, for draining and reclaiming lands, or for floating logs and lumber on streams not navigable.
6. Mining, smelting and related activities. Mining, smelting and related activities as follows:
(a) Mining and related activities, which are recognized as the paramount interest of this state.
(b) Roads, railroads, tramways, tunnels, ditches, flumes, pipes , reservoirs, dams, water gates, canals, aqueducts and dumping places to facilitate the milling, smelting or other reduction of ores, [or] the working , reclamation or dewatering of mines, and for all mining purposes, outlets, natural or otherwise, for the deposit or conduct of tailings, refuse, or water from mills, smelters, or other work for the reduction of ores from mines, mill dams, pipe lines, tanks or reservoirs for natural gas or oil, an occupancy in common by the owners or possessors of different mines, mills, smelters or other places for the reduction of ores, or any place for the flow, deposit or conduct of tailings or refuse matter and the necessary land upon which to erect smelters and to operate them successfully, including the deposit of fine flue dust, fumes and smoke.
7. Byroads. Byroads leading from highways to residences and farms.
8. Public utilities. Lines for telegraph, telephone, electric light and electric power and sites for plants for electric light and power.
9. Sewerage. Sewerage of any city, town, settlement of not less than 10 families or any public building belonging to the state or college or university.
10. Water for generation and transmission of electricity. Canals, reservoirs, dams, ditches, flumes, aqueducts and pipes for supplying and storing water for the operation of machinery to generate and transmit electricity for power, light or heat.
11. Cemeteries, public parks. Cemeteries or public parks.
12. Pipe lines of beet sugar industry. Pipe lines to conduct any liquids connected with the manufacture of beet sugar.
13. Pipe lines for petroleum products, natural gas. Pipe lines for the transportation of crude petroleum, petroleum products or natural gas, whether interstate or intrastate.
14. Aviation. Airports, facilities for air navigation and aerial rights of way.
15. Monorails. Monorails and any other overhead or underground system used for public transportation.
16. Community antenna television companies. Community antenna television companies which have been granted a franchise from the governing body of the jurisdictions in which they provide services. The exercise of the power of eminent domain may include the right to use the wires, conduits, cables or poles of any public utility if:
(a) It creates no substantial detriment to the service provided by the utility;
(b) It causes no irreparable injury to the utility; and
(c) The public service commission of Nevada, after giving notice and affording a hearing to all persons affected by the proposed use of the wires, conduits, cables or poles, has found that it is in the public interest.
17. Redevelopment. The acquisition of property pursuant to NRS 279.382 to 279.685, inclusive.".
Amend the title of the bill to read as follows:
"An Act relating to eminent domain; revising the provisions governing the exercise of the power of eminent domain for certain purposes; and providing other matters properly relating thereto.".
Amend the summary of the bill to read as follows:
"Summary--Revises provisions governing eminent domain. (BDR 3-1734)".
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. 472.
Bill read second time.
The following amendment was proposed by the Committee on Natural Resources:
Amendment No. 933.
Amend section 1, page 1, by deleting lines 3 through 8 and inserting:
"Unless the fee for the term or any portion of the term of a lease of land for grazing livestock is determined pursuant to NRS 322.060:
1. The fee for the term or any portion of the term of the lease must be based on the fair market value of the interest leased, but must not be less than:
(a) The minimum grazing fee determined pursuant to subsection 2; or
(b) The base value specified in subsection 3,
whichever is greater, for each animal unit month leased.".
Amend section 1, page 1, line 14, after "of " by inserting "beef ".
Amend section 1, page 1, line 18, by deleting:
"of the land determined pursuant to" and inserting "specified in".
Amend section 1, page 2, by deleting lines 1 through 5 and inserting:
"3. For the purposes of this section, the base value is $1.94 for the period beginning on July 1, 1997, and ending on December 31, 2003. On January 1, 2004, and every 6 years thereafter, administrator shall revise the base value to adjust for inflation.".
Amend section 1, page 2, by deleting line 8 and inserting:
"one cow for one month.".
Amend section 1, page 2, line 10, after "of " by inserting "beef "
Amend section 1, page 2, line 11, after "Is" by inserting:
"calculated by the administrator from data".
Amend section 1, page 2, line 14, by deleting:
"livestock in this state;" and inserting:
"livestock, including the costs related to interest, taxes and wages;".
Amend the bill as a whole by deleting sec. 2 and renumbering sections 3 and 4 as sections 2 and 3.
Amend the title of the bill, second line, by deleting the semicolon and inserting:
"under certain circumstances;".
Amend the summary of the bill, second line, by deleting the period and inserting:
"under certain circumstances.".
Senator Rhoads moved the adoption of the amendment.
Remarks by Senator Rhoads.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 74.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 991.
Amend section 1, page 2, line 13, after "Development." by inserting:
"If the board of county commissioners receives more than one application for conveyance of the property, the board must give priority to an application for conveyance of a nonprofit organization that demonstrates to the satisfaction of the board that the organization will use the property to develop affordable housing for persons who are disabled or elderly.".
Amend sec. 3, page 4, line 4, after "Development." by inserting:
"If the governing body receives more than one application for conveyance of the property, the governing body must give priority to an application for conveyance of a nonprofit organization that demonstrates to the satisfaction of the governing body that the organization will use the property to develop affordable housing for persons who are disabled or elderly.".
Senator O'Donnell moved the adoption of the amendment.
Remarks by Senator O'Donnell.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.

Assembly Bill No. 517.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 992.
Amend sec. 2, pages 3 and 4, by deleting lines 17 through 43 on page 3 and lines 1 through 23 on page 4 and inserting:
"244.3605 1. Notwithstanding the provisions of NRS 244.360 and 244.3601, the board of county commissioners of a county may adopt by ordinance procedures pursuant to which the board or its designee may order an owner of property within the county to:
(a) Repair, safeguard or demolish a dangerous structure;
(b) Clear debris, rubbish and refuse which is not subject to the provisions of chapter 459 of NRS; or
(c) Clear weeds and noxious plant growth,
[in order] to protect the public health, safety and welfare of the residents of the county.
2. An ordinance adopted pursuant to subsection 1 must:
(a) Contain procedures pursuant to which the owner of the property is:
(1) Sent notice, by [registered or] certified mail, return receipt requested, of the existence on his property of a condition set forth in subsection 1 and the date by which he must abate the condition; and
(2) Afforded an opportunity for a hearing before the designee of the board and an appeal of that decision to the board.
(b) Provide that the date specified in the notice by which the owner must abate the condition is tolled for the period during which the owner requests a hearing and receives a decision . [and for the period during which the owner appeals that decision.]
(c) Provide the manner in which the county will recover money expended for labor and materials used to abate the condition on the property if the owner fails to abate the condition.
(d) Provide for civil penalties for each day that the owner did not abate the condition after the date specified in the notice by which the owner was required to abate the condition.
3. The board or its designee may direct the county to abate the condition on the property and may recover the amount expended by the county for labor and materials used to abate the condition if:
(a) The owner has not requested a hearing within the time prescribed in the ordinance adopted pursuant to subsection 1 and has failed to abate the condition on his property within the period specified in the notice.
(b) After a hearing in which the owner did not prevail, the owner has not filed an appeal within the time prescribed in the ordinance adopted pursuant to subsection 1 and has failed to abate the condition within the period specified in the order.
(c) The board has denied the appeal of the owner and the owner has failed to abate the condition within the period specified in the order.
4. In addition to any other reasonable means of recovering money expended by the county to abate the condition, the board may provide that the expense is a lien upon the property upon which such a condition is located. The lien must be perfected by:
(a) Mailing by [registered or] certified mail a notice of the lien, separately prepared for each lot affected, addressed to the last known owner of the property at his last known address, as determined by the real property assessment roll in the county in which the property is located; and
(b) Filing with the county recorder of the county in which the property is located, a statement of the amount due and unpaid and describing the property subject to the lien.".
Amend the bill as a whole by adding new sections designated sections 7.2 and 7.4, following sec. 7, to read as follows:
"Sec. 7.2. Section 1 of Senate Bill No. 296 of this session is hereby amended to read as follows:

Section 1. 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, including, without limitation, a building or place used for the purpose of unlawfully selling, serving, storing, keeping, manufacturing, using or giving away a controlled substance, immediate precursor as defined in NRS 453.086 or controlled substance analog as defined in NRS 453.043, 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:

(a) As those provisions existed on October 1, 1997, for a shooting range in operation on or before October 1, 1997; or

(b) As those provisions exist on the date that the shooting range begins operation, for a shooting range that begins operation after October 1, 1997.

A shooting range is not subject to any state or local law related to the control of noise that is adopted or amended after the date set forth in paragraph (a) or (b), as applicable, and does not constitute a nuisance for failure to comply with any such law.

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. 2. 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;

(e) Wherein a controlled substance, immediate precursor as defined in NRS 453.086 or controlled substance analog as defined in NRS 453.043 is unlawfully sold, served, stored, kept, manufactured, used or given away; or

(f) 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:

(a) As those provisions existed on October 1, 1997, for a shooting range that begins operation on or before October 1, 1997; or

(b) As those provisions exist on the date that the shooting range begins operation, for a shooting range in operation after October 1, 1997.

A shooting range is not subject to any state or local law related to the control of noise that is adopted or amended after the date set forth in paragraph (a) or (b), as applicable, and does not constitute a nuisance for failure to comply with any such law.

6. As used in this section, "shooting range" has the meaning ascribed to it in NRS 40.140.".

Senator James moved that Assembly Bill No. 170 be taken from the General File and placed on the Secretary's desk.
Remarks by Senator James.
Motion carried.

Senate Bill No. 219.
Bill read third time.
Roll call on Senate Bill No. 219:
Yeas -- 21.
Nays -- None.
Senate Bill No. 219 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Senate Bill No. 310.
Bill read third time.
Roll call on Senate Bill No. 310:
Yeas -- 20.
Nays -- Augustine.
Senate Bill No. 310 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Senate Bill No. 356.
Bill read third time.
Remarks by Senators Titus and O'Donnell.
Roll call on Senate Bill No. 356:
Yeas -- 21.
Nays -- None.
Senate Bill No. 356 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

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

Senate in recess at 12:53 p.m.

At 12:54 p.m.
President pro Tempore Jacobsen presiding.
Quorum present.

LAWRENCE E. JACOBSEN BERNARD J. ANDERSON
MAURICE WASHINGTON DARIO HERRERA

Senate Committee on Conference Assembly Committee on Conference

Senator Washington moved that the Senate adopt the report of the second Committee on Conference concerning Senate Bill No. 128.
Remarks by Senators Washington and Wiener.
Senator Wiener requested that her remarks be entered in the Journal.
Mr. President pro Tempore, I want to state my reasons for dissenting from the Conference Committee on Senate Bill No. 128.
Our committee considered an amendment that I supported to allow victims to inquire of the police and be informed as to whether a person under police investigation has a permit to carry a concealed weapon. I considered this an important "victim's rights" provision. However, it did not gain the majority support of the Conference Committee.

Motion carried.

Assembly Chamber, Carson City, June 30, 1997

To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day passed Assembly Bills Nos. 394, 652, 654.
Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bills Nos. 345, 472, 549, 553, 602, 613, 633, 634.
Also, I have the honor to inform your honorable body that the Assembly on this day passed Assembly Joint Resolution No. 21.

Jacqueline Sneddon

Assistant Chief Clerk of the Assembly

Assembly Bill No. 394.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.

Assembly Bill No. 472.
Senator Rawson moved that the bill be referred to the Committee on Transportation.
Motion carried.

Assembly Bill No. 549.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.

Assembly Bill No. 553.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.

Assembly Bill No. 602.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.

Assembly Bill No. 613.
Senator Rawson moved that the bill be referred to the Committee on Taxation.
Motion carried.

Assembly Bill No. 633.
Senator Rawson moved that the bill be referred to the Committee on Transportation.
Motion carried.

Assembly Bill No. 634.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.

Assembly Bill No. 652.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.

Assembly Bill No. 654.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.

Senator Raggio moved that the Senate recess until 4:30 p.m.
Motion carried.

Senate in recess at 1:05 p.m.

At 5:23 p.m.
Mr. President presiding.
Quorum present.

William J. Raggio,

Chairman

Mr. President:
Your Committee on Finance, to which were referred Senate Bill No. 487; Assembly Bills Nos. 221, 222, 260, 606, 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 Finance, to which were referred Senate Bills Nos. 35, 460, 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 Human Resources and Facilities, to which was referred Assembly Bill No. 191, 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 Judiciary, to which were referred Senate Bills Nos. 318, 480; Assembly Bills Nos. 208, 312, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Mark A. James,

Chairman

Mr. President:
Your Committee on Judiciary, to which were referred Assembly Bills Nos. 270, 515, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Mark A. James,

Chairman

Mr. President:
Your Committee on Taxation, to which was referred Senate Bill No. 464, 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 Bill No. 426, 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

Assembly Chamber, Carson City, June 30, 1997

To the Honorable the Senate
Also, I have the honor to inform your honorable body that the Assembly on this day passed Senate Bills Nos. 24, 53, 133, 231, 280, 355, 404, 412, 419, 423, 459, 465.
Also, I have the honor to inform your honorable body that the Assembly on this day amended, and passed, as amended, Senate Bills Nos. 13, 145, 148, 155, 209, 242, 267, 291, 363; Senate Joint Resolution No. 16, and respectfully requests your honorable body to concur in said amendments.
Also, I have the honor to inform your honorable body that the Assembly on this day adopted the report of the first Committee on Conference concerning Assembly Bill No. 336.

Jacqueline Sneddon

Assistant Chief Clerk of the Assembly

Senate Bill No. 426.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 964.
Amend section 1, page 1, by deleting lines 8 through 10 and inserting:
"(1) A violation of subsection 2 of NRS 484.377 . [or NRS 484.3795 or homicide resulting from driving a vehicle while under the influence of intoxicating liquor or a controlled substance.]".
Amend section 1, page 1, by deleting line 16 and inserting:
"privilege to drive must be set aside during any period of imprisonment and the period of revocation must resume upon completion of the period of imprisonment or when the person is placed on residential confinement.".
Amend section 1, page 2, by deleting lines 13 and 14 and inserting:
"(5) A second violation within 7 years of NRS 484.379 and , except as otherwise provided in subsection 3 of NRS 483.490, the driver is not eligible for a restricted license during any of that period.".
Amend section 1, page 2, line 41, after "62.228," by inserting:
"or section 2 of [this act,] Assembly Bill No. 176 of this session,".
Amend sec. 2, page 3, by deleting lines 9 and 10 and inserting:
"offense other than a second violation within 7 years of NRS 484.379 and [half] one-half of the period during which the driver is not eligible for a".
Amend sec. 2, page 3, line 23, after "2." by inserting:
"A person who has been ordered to install a device in a motor vehicle which he owns or operates pursuant to NRS 484.3943:
(a) Shall install the device not later than 21 days after the date on which the order was issued; and
(b) May not receive a restricted license pursuant to this section until:
(1) After at least 180 days of the period during which he is not eligible for a license, if he was convicted of a violation of subsection 2 of NRS 484.377, a violation of NRS 484.3795 or homicide resulting from driving a vehicle while under the influence of intoxicating liquor or a controlled substance or if he was convicted of a third violation within 7 years of NRS 484.379;
(2) After at least 90 days of the period during which he is not eligible for a license, if he was convicted of a second violation within 7 years of NRS 484.379; or
(3) After at least 45 days of the period during which he is not eligible for a license, if he was convicted of a first violation within 7 years of NRS 484.379.
3.".
Amend sec. 2, page 3, by deleting lines 27 through 29 and inserting:
"proof of compliance with the order and subsection 2.".
Amend sec. 2, page 3, line 30, by deleting "3." and inserting "4.".
Amend sec. 2, page 3, line 32, after "62.228," by inserting:
"or section 2 of [this act,] Assembly Bill No. 176 of this session,".
Amend sec. 2, page 3, line 38, by deleting "4." and inserting "5.".
Amend sec. 2, page 4, line 3, by deleting "5." and inserting "6.".
Amend sec. 2, page 4, line 9, by deleting "by" and inserting "pursuant to".
Amend sec. 2, page 4, line 11, by deleting "6." and inserting "7.".
Amend sec. 2, page 4, line 15, by deleting "7." and inserting "8.".
Amend sec. 3, page 4, by deleting lines 29 through 36 and inserting:
"prevents the motor vehicle in which it is installed from starting.
[2. The phrase "0.05 percent or more by weight of alcohol in his blood" includes a concentration of alcohol in the blood or breath of a person of 0.05 gram or more by weight of alcohol:
(a) Per 100 milliliters of his blood; or
(b) Per 210 liters of his breath.]".
Amend sec. 4, page 5, line 10, after "pursuant to" by inserting:
"subsection 3 of ".
Amend sec. 4, page 5, line 41, by deleting "100 " and inserting "90 ".
Amend sec. 4, page 5, line 42, after "properly." by inserting:
"An inspection required pursuant to this subsection must be conducted in accordance with regulations adopted pursuant to NRS 484.3888.".
Amend sec. 6, page 7, by deleting lines 1 and 2 and inserting:
"breath, prevent the motor vehicle in which it is installed from starting.".
Amend sec. 6, page 7, line 18, by deleting:
"starting [.] or continuing to operate." and inserting "starting.".
Amend the title of the bill, third line, by deleting "or operating".
Senator O'Donnell moved the adoption of the amendment.
Remarks by Senator O'Donnell.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 460.
Bill read second time.
The following amendment was proposed by the Committee on Finance:
Amendment No. 906.
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. NRS 353.205 is hereby amended to read as follows:
353.2051. The proposed budget for the executive department of the state government for each fiscal year must be set up in three parts:
[1.] (a) Part 1 must consist of a budgetary message by the governor which outlines the financial policy of the executive department of the state government for the next 2 fiscal years, describing in connection therewith the important features of the financial plan. It must also embrace a general summary of the proposed budget setting forth the aggregate figures of the proposed budget in such a manner as to show the balanced relations between the total proposed expenditures and the total anticipated revenues, together with the other means of financing the proposed budget for the next 2 fiscal years, contrasted with the corresponding figures for the last completed fiscal year and fiscal year in progress. The general summary of the proposed budget must be supported by explanatory schedules or statements, classifying the expenditures contained therein by organizational units, objects and funds, and the income by organizational units, sources and funds.
[2.] (b) Part 2 must embrace the detailed budgetary estimates both of expenditures and revenues as provided in NRS 353.150 to 353.246, inclusive. The information must be presented in a manner which sets forth separately the cost of continuing each program at the same level of service as the current year and the cost, by budgetary issue, of any recommendations to enhance or reduce that level of service. Revenues must be summarized by type , and expenditures must be summarized by category of expense. Part 2 must include a mission statement and measurement indicators for each program. It must also include statements of the bonded indebtedness of the state government, showing the requirements for redemption of debt, the debt authorized and unissued, and the condition of the sinking funds, and any statements relative to the financial plan which the governor may deem desirable, or which may be required by the legislature.
[3.] (c) Part 3 must include a recommendation to the legislature for the drafting of a general appropriation bill authorizing, by departments, institutions and agencies, and by funds, all expenditures of the executive department of the state government for the next 2 fiscal years, and may include recommendations to the legislature for the drafting of such other bills as may be required to provide the income necessary to finance the proposed budget and to give legal sanction to the financial plan if adopted by the legislature.
2. Except as otherwise provided in NRS 353.211, as soon as each part of the proposed budget is prepared, a copy of the part must be transmitted to the fiscal analysis division of the legislative counsel bureau for confidential examination and retention.
3. Except for the information provided to the fiscal analysis division of the legislative counsel bureau pursuant to NRS 353.211, parts 1 and 2 of the proposed budget are confidential until the governor transmits the proposed budget to the legislature pursuant to NRS 353.230, regardless of whether those parts are in the possession of the executive or legislative department of the state government. Part 3 of the proposed budget is confidential until the bills which result from the proposed budget are introduced in the legislature.
Sec. 2. NRS 353.211 is hereby amended to read as follows:
353.2111. On or before October 15 of each even-numbered year, the chief shall provide to the fiscal analysis division of the legislative counsel bureau:
(a) Computerized budget files containing the actual data regarding revenues and expenditures for the previous year;
(b) The work programs for the current year; and
(c) Each agency's requested budget for the next 2 fiscal years.
2. On or before December [15] 31 of each even-numbered year, the chief shall provide to the fiscal analysis division:
(a) Each agency's adjusted base budget by budgetary account for the next 2 fiscal years; and
(b) An estimated range of the costs for:
(1) Continuing the operation of state government; and
(2) Providing elementary, secondary and higher public education,
at the current level of service.
3. The information provided to the fiscal analysis division pursuant to subsections 1 and 2 is open for public inspection.
4. As soon as practicable after receipt of the material provided pursuant to subsections 1 and 2, the fiscal analysis division shall provide a synopsis of the information to the members of the budget subcommittee of the legislative commission. The synopsis must include the levels of requested expenditures of all of the departments, institutions and agencies, major budgetary issues, approximate available revenues, historical data and any other information the fiscal analysts deem appropriate.".
Amend the bill as a whole by renumbering sec. 3 as sec. 7 and adding new sections designated sections 5 and 6, following sec. 2, to read as follows:
"Sec. 5. NRS 387.303 is hereby amended to read as follows:
387.3031. Not later than October 15 of each year, the board of trustees of each school district shall submit to the superintendent of public instruction and the department of taxation a report which includes the following information:
(a) For each fund within the school district, including, without limitation, the school district's general fund and any special revenue fund which receives state money, the total number and salaries of licensed and nonlicensed persons whose salaries are paid from the fund and who are employed by the school district in full-time positions or in part-time positions added together to represent full-time positions. Information must be provided for the current school year based upon the school district's final budget, including any amendments and augmentations thereto, and for the preceding school year. An employee must be categorized as filling an instructional, administrative, instructional support or other position.
(b) The count of pupils computed pursuant to paragraph (a) of subsection 1 of NRS 387.1233.
(c) The average daily attendance for the preceding school year and the estimated average daily attendance for the current school year of part-time pupils enrolled in courses which are approved by the department as meeting the requirements for an adult to earn a high school diploma.
(d) The school district's actual expenditures in the fiscal year immediately preceding the report.
(e) The school district's proposed expenditures for the current fiscal year.
(f) The schedule of salaries for licensed employees in the current school year and a statement of whether the negotiations regarding salaries for the current school year have been completed. If the negotiations have not been completed at the time the schedule of salaries is submitted, the board of trustees shall submit a supplemental report to the superintendent upon completion of negotiations or the determination of an arbitrator concerning the negotiations that includes the schedule of salaries agreed to or required by the arbitrator.
(g) The number of employees eligible for health insurance within the school district for the current and preceding fiscal years and the amount paid for health insurance for each such employee during those years.
(h) The rates for fringe benefits, excluding health insurance, paid by the school district for its licensed employees in the preceding and current fiscal years.
(i) The amount paid for extra duties, supervision of extracurricular activities and supplemental pay [,] and the number of employees receiving that pay in the preceding and current fiscal years.
2. On or before November [10] 25 of each year, the superintendent of public instruction shall submit to the department of administration and the fiscal analysis division of the legislative counsel bureau, in a format approved by the director of the department of administration, a compilation of the reports made by each school district pursuant to subsection 1.
3. The superintendent shall, in the compilation required by subsection 2, reconcile the revenues and expenditures of the school districts with the apportionment received by those districts from the state distributive school account for the preceding year.
Sec. 6. Section 15 of chapter 729, Statutes of Nevada 1995, at page 2821, is hereby amended to read as follows:

Sec. 15. [1.] Sections 2 and 6 of this act become effective at 12:01 a.m. on October 1, 1995.

[2. This act expires by limitation on July 1, 1997.]".

"An Act relating to state financial administration; specifying the manner in which parts of the proposed budget for the executive department of the state government are confidential; revising deadlines for the submission of certain budgetary information; revising the provisions governing the procedure for the revision of work programs and allotments and acceptance of gifts and grants by state agencies; repealing the prospective expiration of certain provisions relating to governmental budgets; and providing other matters properly relating thereto.".

"Summary--Makes various changes concerning state financial administration. (BDR 31-1735)".

Senate Bill No. 464.
Bill read second time.
The following amendment was proposed by the Committee on Taxation:
Amendment No. 843.
Amend section 1, page 1, line 2, by deleting:
"to 5, inclusive," and inserting "and 3".
Amend the bill as a whole by deleting sections 2 through 6, renumbering sections 7 and 8 as sections 4 and 5 and adding sections 2 and 3, following section 1, to read as follows:
"Sec. 2. 1. Except as otherwise provided in subsection 2, a person shall not engage in business of a wholesale dealer or retail dealer in this state unless he first obtains a license as a wholesale dealer or retail dealer from the department.
2. A person who wishes to engage in the business of a retail dealer is not required to obtain a license as a retail dealer pursuant to this section if he is licensed as a retail cigarette dealer pursuant to this chapter.
3. Any person who violates any of the provisions of this section is guilty of a misdemeanor.
Sec. 3. 1. A wholesale dealer or retail dealer shall, not later than 20 days after the end of each month, submit to the department:
(a) A list setting forth each purchase of products made from tobacco, other than cigarettes, that he made during the previous month; and
(b) A copy of the invoice for each such purchase that is required to be provided to him pursuant to NRS 370.470.
2. The department shall maintain a record of the invoices for not less than 3 years after the receipt of those invoices.
3. The department may impose a penalty on a wholesale dealer or retail dealer who violates any of the provisions of subsection 1 as follows:
(a) For the first violation within 7 years, a fine of $1,000.
(b) For a second violation within 7 years, a fine of $5,000.
(c) For a third or subsequent violation within 7 years, revocation of the license of the wholesale dealer or retail dealer.".
Amend sec. 7, page 2, line 25, by deleting:
"to 5, inclusive," and inserting: "and 3".
Amend sec. 8, pages 2 and 3, by deleting lines 43 and 44 on page 2 and lines 1 through 7 on page 3 and inserting:
"370.470[The]
1. A wholesale dealer must [procure] obtain from each manufacturer or wholesale dealer who is not licensed in this state itemized invoices of all products made from tobacco, other than cigarettes, purchased from and delivered by [that manufacturer.] the manufacturer or wholesale dealer who is not licensed in this state. The wholesale dealer must obtain from the manufacturer or wholesale dealer who is not licensed in this state separate invoices for each purchase made. The invoice must [show the] include:
(a) The name and address of the manufacturer [, the] or wholesale dealer who is not licensed in this state;
(b) The name and address of the wholesale dealer;
(c) The date of the purchase [and the] ; and
(d) The quantity and wholesale price [.] of those products.
2. A retail dealer must obtain from each manufacturer or wholesale dealer who is not licensed in this state itemized invoices of all products made from tobacco, other than cigarettes, purchased from and delivered by that manufacturer or wholesale dealer. The retail dealer must obtain from the manufacturer or wholesale dealer who is not licensed in this state separate invoices for each purchase made. The invoice must include:
(a) The name and address of the manufacturer or wholesale dealer who is not licensed in this state;
(b) The name and address of the retail dealer;
(c) The date of the purchase; and
(d) The quantity and wholesale price of those products.".
Amend the bill as a whole by renumbering sections 9 through 11 as sections 7 through 9 and adding a new section designated sec. 6, following sec. 8, to read as follows:
"Sec. 6. NRS 370.510 is hereby amended to read as follows:
370.510The department may make all necessary regulations for the administration and enforcement of this chapter, including:
1. Necessary regulations for the keeping of records to [insure] ensure compliance with this chapter by persons dealing in both taxable and exempt cigarettes.
2. Regulations authorizing persons other than dealers to possess unstamped cigarettes.
3. Regulations relating to the licensing of wholesale dealers and retail dealers.".
Amend sec. 9, page 3, line 9, by deleting "July 1," and inserting "December 31,".
Amend sec. 11, page 3, line 13, by deleting "July 1," and inserting "December 31,".
Amend the title of the bill to read as follows:

"An Act relating to tobacco products; requiring a wholesale dealer or retail dealer to provide certain information to the department of taxation concerning purchases of products made from tobacco other than cigarettes; requiring the licensing of wholesale dealers and retail dealers of tobacco products other than cigarettes by the department of taxation; providing a penalty; and providing other matters properly relating thereto.".

Amend the summary of the bill to read as follows:

"Summary-Revises provisions relating to products made from tobacco other than cigarettes. (BDR 32-943)".

Senate Bill No. 480.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 1004.
Amend sec. 13, page 4, line 19, after "commences" by inserting "an".
Amend sec. 15, page 7, line 6, by deleting "residence." and inserting "residence; and ".
Amend sec. 20, page 10, line 19, by deleting "a" and inserting "an insurer,".
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. 293.
Bill read third time.
The following amendment was proposed by the Committee on Finance:
Amendment No. 935.
Amend the bill as a whole by renumbering sec. 2 as sec. 4 and adding new sections designated sections 2 and 3, following section 1, to read as follows:
"Sec. 2. The person appointed pursuant to section 1 of this act is entitled to receive a salary of not more than $50,000 per year for fiscal years 1997-1998 and 1998-1999.
Sec. 3. 1. There is hereby appropriated from the state general fund to the division of agriculture of the department of business and industry for the costs to carry out the provisions of this act:

For the fiscal year 1997-1998 $86,924

For the fiscal year 1998-1999 $79,162

Senate Bill No. 430.
Bill read third time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 1016.
Amend sec. 1.7, page 3, by deleting line 28 and inserting:
"[4.] 6. To reinstate the".
Amend sec. 1.7, page 3, line 29, by deleting "that section:" and inserting "NRS 485.317:".
Amend sec. 1.7, page 3, by deleting lines 33 through 36 and inserting:
"(b) A fee of $50 for a registered owner of a dormant vehicle who canceled the insurance coverage for that vehicle or allowed the insurance coverage for that vehicle to expire without first canceling the registration for the vehicle in accordance with subsection 3 of NRS 485.320,".

Amend sec. 2, pages 4 and 5, by deleting lines 4 through 43 on page 4 and lines 1 through 11 on page 5 and inserting:
"created pursuant to NRS 485.313 to verify that each motor vehicle:
(a) Which is newly registered in this state; or
(b) For which a policy of liability insurance has been issued, amended or terminated,
is covered by a policy of liability insurance as required by NRS 485.185. In identifying a motor vehicle for verification pursuant to this subsection, the department shall, if the motor vehicle was manufactured during or after 1981, use only the vehicle identification number, in whole or in part.
2. The department shall send a form for verification by first-class mail to each registered owner that it determines has not maintained the insurance required by NRS 485.185. The owner shall complete the form with all the information which is requested by the department, including whether he carries an owner's or operator's policy of liability insurance or a certificate of self-insurance, and return the completed form within 20 days after the date on which the form was mailed by the department. If the department does not receive the completed form within 20 days after it mailed the form to the owner, the department shall send to the owner a second form for verification by certified mail. The owner shall complete the form and return it to the department within 15 days after the date on which it was sent by the department. This subsection does not prohibit an authorized agent of the owner from providing to the department:
(a) The information requested by the department pursuant to this subsection.
(b) Additional information to amend or correct information already submitted to the department pursuant to this subsection.
3. When the department receives a completed form for verification it shall verify the information on the form.
4. The department shall suspend the registration and require the return to the department of the license plates of any vehicle for which:
(a) Neither of the forms for verification set forth in subsection 2 is returned to the department by the registered owner or his authorized agent within the period specified in that subsection;
(b) Either of the forms for verification set forth in subsection 2 is returned to the department by the registered owner or his authorized agent and the department is not able to verify the information on the form; or
(c) Either of the forms for verification set forth in subsection 2 is returned by the registered owner or his authorized agent with an admission of having no insurance or without indicating an insurer or the number of a motor vehicle liability policy or a certificate of self-insurance.
5. If the department suspends a registration pursuant to subsection 4 because:
(a) Neither the owner nor his authorized agent returned a form for verification within the specified period or the owner or his authorized agent returned a form for verification that was not completed sufficiently, and the owner or his authorized agent, thereafter:
(1) Proves to the satisfaction of the department that there was a justifiable cause for his failure to do so;
(2) Submits a completed form regarding his insurance on the date stated in the form mailed by the department pursuant to subsection 2; and
(3) Presents evidence of current insurance; or
(b) The owner or his authorized agent submitted to the department a form for verification containing information that the department was unable to verify and, thereafter, the owner or his authorized agent presents to the department:
(1) A corrected form or otherwise verifiable evidence setting forth that the owner possessed insurance on the date stated in the form; and
(2) Evidence of current insurance,
the department shall rescind its suspension of the registration if it is able to verify the information on the form or the other evidence presented. The department shall not charge a fee to reinstate a registration, the suspension of which was rescinded pursuant to this subsection. For the purposes of this subsection, "justifiable cause" may include, but is not limited to, the fact that the owner did not receive the form mailed by the department pursuant to subsection 2.
6. Except as otherwise provided in subsection 7, if a registered owner whose registration is suspended pursuant to subsection 4, failed to have insurance on the date specified in the form for verification, the department shall reinstate the registration of the vehicle and reissue the license plates only upon filing by the registered owner of evidence of current insurance and payment of the fee for reinstatement of registration prescribed in paragraph (a) of subsection [4] 6 of NRS 482.480.
7. If a registered owner proves to the satisfaction of the department that his vehicle was a dormant vehicle during the period in which the information provided pursuant to NRS 485.314 indicated that there was no insurance for the vehicle , the department shall reinstate his registration and, if applicable, reissue his license plates. If such an owner of a dormant vehicle failed to cancel the registration for the vehicle in accordance with subsection 3 of NRS 485.320, the department shall not reinstate his registration or reissue his license plates unless the owner pays the fee set forth in paragraph (b) of subsection [4] 6 of NRS 482.480.
8. For the purposes of verification of insurance by the department pursuant to this section, a registered owner shall not be deemed to have failed to maintain liability insurance for a motor vehicle unless the vehicle is without coverage for a period of more than 7 days.".
Senator O'Donnell moved the adoption of the amendment.
Remarks by Senator O'Donnell.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.

Senate Bill No. 468.
Bill read third time.
The following amendment was proposed by the Committee on Finance:
Amendment No. 998.
Amend the bill as a whole by renumbering sec. 18 as sec. 19 and adding a new section designated sec. 18, following sec. 17, to read as follows:
"Sec. 18. Section 1 of Senate Bill No. 245 of this session is hereby amended to read as follows:

Section 1. NRS 374.785 is hereby amended to read as follows:

374.785 1. All fees, taxes, interest and penalties imposed and all amounts of tax required to be paid to counties under this chapter must be paid to the department in the form of remittances payable to the department.

2. The department shall deposit the payments in the state treasury to the credit of the sales and use tax account in the state general fund.

3. The state controller, acting upon the collection data furnished by the department, shall, each month, from the sales and use tax account in the state general fund:

(a) Transfer [1] .5 percent of all fees, taxes, interest and penalties collected in each county during the preceding month to the appropriate account in the state general fund as compensation to the state for the costs of collecting the tax.

(b) Transfer [1] .5 percent of all fees, taxes, interest and penalties collected during the preceding month from out-of-state businesses not maintaining a fixed place of business within this state to the appropriate account in the state general fund as compensation to the state for the costs of collecting the tax.

(c) Determine for each county the amount of money equal to the fees, taxes, interest and penalties collected in the county pursuant to this chapter during the preceding month less the amount transferred pursuant to paragraph (a) of this subsection.

(d) Transfer the total amount of taxes collected pursuant to this chapter during the preceding month from out-of-state businesses not maintaining a fixed place of business within this state, less the amount transferred pursuant to paragraph (b) of this subsection, to the state distributive school account in the state general fund.

(e) Except as otherwise provided in section 8 of [this act,] Senate Bill No. 468 of this session, transfer the amount owed to each county to the intergovernmental fund and remit the money to the credit of the county school district fund.

4. For the purpose of the distribution required by this section, the occasional sale of a vehicle shall be deemed to take place in the county to which the privilege tax payable by the buyer upon that vehicle is distributed.".

Senate Bill No. 476.
Bill read third time.
Remarks by Senator Rawson.
Roll call on Senate Bill No. 476:
Yeas -- 21.
Nays -- None.
Senate Bill No. 476 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

"An Act relating to gaming; permitting an establishment that holds a nonrestricted license to refuse to rent a hotel room or other accommodations to a person who is less than 21 years of age; authorizing the state gaming control board to permit an establishment to relocate and transfer its license to a new location in certain circumstances; providing that certain information relating to applicants and licensees is confidential; prohibiting certain acts relating to wagering; revising certain provisions relating to off-track pari-mutuel wagering; providing penalties; and providing other matters properly relating thereto.".

"Summary--Makes various changes to provisions governing gaming. (BDR 41-1079)".

Assembly Bill No. 191.
Bill read second time.
The following amendment was proposed by the Committee on Human Resources and Facilities:
Amendment No. 976.
Amend section 1, page 1, line 4, after the closed bracket by inserting:
"The superintendent may accept gifts and grants of money from any source for deposit in the fund. All legislative appropriations, gifts and grants made to the fund become a part of the principal of the fund which may be reduced only by specific legislative action.".
Amend section 1, page 1, line 15, after "annually" by inserting:
", within the limits of money available in the fund,".
Amend sec. 2, pages 2 and 3, by deleting lines 13 through 43 on page 2 and lines 1 through 4 on page 3 and inserting:
"388.368 1. The state board [of education shall adopt] , in consultation with the assisting agencies and the business community that will be included in the partnerships established pursuant to paragraph (a) of subsection 4, shall:
(a) Adopt a comprehensive program to provide pupils who are enrolled in grades 7 through 12, inclusive, with the skills to make the transition from school to [work. The state board of education shall develop, implement] careers; and
(b) Carry out and review the program . [with the assistance of the assisting agencies and the business community that will be included in the partnerships established pursuant to paragraph (a) of subsection 3.]
2. The program to provide pupils with the skills to make the transition from school to [work must] careers may be designed to achieve the following objectives:
(a) To provide [all] the pupils participating in the program with an [equal] equitable opportunity to learn about and explore various career options of their choice before the completion of middle school.
(b) To [provide] offer career counseling for [all pupils during the 9th and 10th grades.] interested pupils who are enrolled in grades 7 through 12, inclusive.
(c) To provide [all] information concerning the program.
(d) To provide the pupils participating in the program with an [equal] equitable opportunity to achieve high academic standards and , if desired, to obtain training in occupations [that earn high wages.
(d) To strengthen and expand] of their choice.
(e) To continue and enhance existing technical and vocational education programs that are voluntary, including, without limitation, programs adopted pursuant to the Carl D. Perkins Vocational and Applied Technology Education Act (20 U.S.C. §§ 2301 et seq.).
[(e) To adopt]
(f) To allow a system for [issuing] awarding certificates of technical or vocational proficiency.
[(f) To adopt a curriculum and a system to allow pupils and students] Such a certificate must not be awarded as a replacement for or in lieu of a high school diploma.
(g) To allow pupils participating in the program to participate in educational activities in the workplace.
[(g) To provide all pupils with programs of]
(h) To offer pupils participating in the program job training and placement or programs for preparation for postsecondary education during the 12th grade [.
(h) To strengthen] , or both.
(i) To encourage the relationship [between] among the business community , [and] school districts and universities and community colleges within the University and Community College System of Nevada to promote job training and internships.
[(i) To encourage]
(j) To offer statewide participation in the program for pupils who are enrolled in grades 7 through 12, inclusive.
[(j) To meet the continuing educational and developmental needs of teachers and employees of the school district.]
(k) To encourage teachers and other educational personnel to continue their educational development related to the program.
(l) To adopt a process to evaluate the program and to integrate improvements [into the program.] in compliance with the Family Educational Rights and Privacy Act (20 U.S.C. §§ 1232g et seq.). To carry out the purposes of this paragraph, the state board may adopt a system for evaluating participation in the program only to produce aggregate statistical information needed to evaluate the program, but not to ensure that a pupil completes job training for a particular career. This paragraph does not prohibit the collection of data necessary to carry out the provisions of NRS 389.015 and 389.017.".
Amend sec. 2, page 4, by deleting lines 3 through 12 and inserting:
"[4.] 5. The state board [of education, after] , in consultation with the assisting agencies [, shall submit] and the business community that will be included in the partnerships established pursuant to paragraph (a) of subsection 4, shall:
(a) Make a determination on an application that is submitted pursuant to this section.
(b) Submit a report containing its findings, conclusions and recommendations regarding the program adopted pursuant to this section to each regular session of the legislature [.
5.] on or before February 1 of each odd-numbered year.
6. As used in this section, "assisting agencies" means the".
Amend the bill as a whole by renumbering sec. 3 as sec. 6 and adding new sections designated sections 3 through 5, following sec. 2, to read as follows:
"Sec. 3. NRS 388.367 and 388.368 are hereby repealed.
Sec. 4. Any money specifically appropriated by the legislature for the school to careers program established pursuant to NRS 388.368 for fiscal years 1997-1998 and 1998-1999 must be deposited in the fund for the school to careers program created pursuant to NRS 388.367 and distributed by the state board of education as provided in NRS 388.367, as amended by section 1 of this act.
Sec. 5. On July 1, 2003, or as soon thereafter as is practicable, the state controller shall transfer the balance in the fund for the school to careers program which is not committed for expenditure to the state general fund.".
Amend sec. 3, page 4, by deleting line 19 and inserting:
"Sec. 6. 1. This section and sections 1, 2 and 4 of this act become effective on July 1, 1997.
2. Sections 3 and 5 of this act become effective on July 1, 2003.".
Amend the bill as a whole by adding the text of repealed sections, following sec. 3, to read as follows:
"

TEXT OF REPEALED SECTIONS

388.367Fund for improvement of occupational education.
1. There is hereby created in the state treasury the fund for the improvement of occupational education to be administered by the state board of education. The interest and income earned on the money in the fund, after deducting any applicable charges, must be credited to the fund.
2. Money in the fund must be used for the program to provide pupils with the skills to make the transition from school to work adopted pursuant to NRS 388.368.
3. Money in the fund must not be:
(a) Considered in negotiations between a recognized organization of employees of a school district and the school district; or
(b) Used to reduce the amount of money which would otherwise be made available for occupational education in the absence of this section.
4. The state board of education shall establish annually a basic allocation of $25,000 to each school district and community college whose application to participate in the program adopted pursuant to NRS 388.368 is approved by the state board of education. The remaining money must be allocated to:
(a) School districts with approved applications in proportion to the total number of pupils enrolled in grades 7 through 12, inclusive, within the district on the last day of the first month of the school year preceding the school year for which the money is being provided; and
(b) Community colleges with approved applications in proportion to the total number of full-time students enrolled on October 15 of the school year preceding the school year for which the money is being provided.
388.368Program to provide pupils with skills to make transition from school to work: Objectives; eligibility for participation and funding; report.
1. The state board of education shall adopt a comprehensive program to provide pupils with the skills to make the transition from school to work. The state board of education shall develop, implement and review the program with the assistance of the assisting agencies and the business community that will be included in the partnerships established pursuant to paragraph (a) of subsection 3.
2. The program to provide pupils with the skills to make the transition from school to work must be designed to achieve the following objectives:
(a) To provide all pupils with an equal opportunity to learn about and explore various career options before the completion of middle school.
(b) To provide career counseling for all pupils during the 9th and 10th grades.
(c) To provide all pupils with an equal opportunity to achieve high academic standards and to obtain training in occupations that earn high wages.
(d) To strengthen and expand existing technical and vocational education programs adopted pursuant to the Carl D. Perkins Vocational and Applied Technology Education Act (20 U.S.C. §§ 2301 et seq.).
(e) To adopt a system for issuing certificates of technical or vocational proficiency.
(f) To adopt a curriculum and a system to allow pupils and students to participate in educational activities in the workplace.
(g) To provide all pupils with programs of job training and placement or programs for preparation for postsecondary education during the 12th grade.
(h) To strengthen the relationship between the business community and school districts to promote job training and internships.
(i) To encourage statewide participation in the program.
(j) To meet the continuing educational and developmental needs of teachers and employees of the school district.
(k) To adopt a process to evaluate the program and to integrate improvements into the program.
3. To be eligible to receive funding for and to participate in the program established pursuant to this section, a school district or a community college must submit to the state board of education an application that includes:
(a) A description of the partnership between the school district or community college and the business community that will be established to carry out the program adopted pursuant to this section. The partnership must consist of employers, representatives of local educational agencies, local postsecondary educational institutions, representatives of labor organizations, pupils, parents and persons representing rehabilitation, employment and training services.
(b) A plan that describes how the partnership will carry out the objectives of the program, including specific requirements for periodic review and approval by the members of the partnership representing the business community of the means of obtaining those objectives. The members of the partnership who perform the periodic review shall make a determination of whether the program is actually improving the participants' skills to make the transition from school to work. The members of the partnership who perform the periodic review must include employers who are likely to hire pupils who complete the program as well as other employers who are active in the establishment of programs for job training and placement.
(c) A description of an annual evaluation to be conducted by the partnership and used to measure the success of the program. The results of the evaluation must be submitted to the state board of education and contain specific comments from the members of the partnership representing the business community regarding the effectiveness of the program in producing pupils who are ready for employment in the workplace.
(d) Other information the state board of education may require to determine the eligibility of the school district to participate in the program.
4. The state board of education, after consultation with the assisting agencies, shall submit a report containing its findings, conclusions and recommendations regarding the program adopted pursuant to this section to each session of the legislature.
5. As used in this section, "assisting agencies" means the commission on economic development, the department of employment, training and rehabilitation, the welfare division of the department of human resources, the department of information services, the state industrial insurance system, the division of state library and archives of the department of museums, library and arts and the University and Community College System of Nevada.".
Senator Rawson moved the adoption of the amendment.
Remarks by Senator Rawson.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.

Assembly Bill No. 208.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 1006.
Amend section 1, page 1, by deleting line 2 and inserting:
"4.063 1. In a county whose population is 100,000 or more, the".
Amend section 1, page 1, by deleting lines 6 through 9 and inserting:
"required, charge and collect a fee of not less than $5 but not more than $10 ".
Amend section 1, page 2, by deleting lines 13 and 14 and inserting:
"the account must be used only to support [a program established in accordance with] :
(a) A program established pursuant to NRS 3.500 [.] or 244.1607;
(b) A program for the prevention or treatment of the abuse of alcohol or of a controlled substance, including, but not limited to, any program of treatment for the abuse of alcohol or drugs established in a judicial district pursuant to NRS 453.580; or
(c) Any combination thereof. ".
Amend sec. 2, page 2, by deleting line 16 and inserting:
"19.0313 1. In a county whose population is 100,000 or more, the".
Amend sec. 2, page 2, by deleting lines 20 through 23 and inserting:
"filing fee is required, charge and collect not less than $5 but not more than $10 ".
Amend sec. 2, page 2, line 40, by deleting "support a" and inserting "support [a".
Amend sec. 2, page 2, by deleting lines 41 and 42 and inserting:
"program established in accordance with] :
(a) A program established pursuant to NRS 3.500 [.] or 244.1607;
(b) A program for the prevention or treatment of the abuse of alcohol or of a controlled substance, including, but not limited to, any program of treatment for the abuse of alcohol or drugs established in a judicial district pursuant to NRS 453.580; or
(c) Any combination thereof. ".
Senator James moved the adoption of the amendment.
Remarks by Senator James.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.

Assembly Bill No. 312.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 1003.
Amend section 1, page 1, line 11, by deleting ", without limitation,".
Amend the bill as a whole by adding a new section designated sec. 6, following sec. 5, to read as follows:
"Sec. 6. This act becomes effective upon passage and approval.".
Senator James moved the adoption of the amendment.
Remarks by Senator James.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.

Assembly Bill No. 468.
Bill read second time.
The following amendment was proposed by the Committee on Human Resources and Facilities:
Amendment No. 978.
Amend section 1, page 1, line 3, by deleting "All " and inserting:
"In accordance with the policy of the board of regents, all ".
Senator Rawson moved the adoption of the amendment.
Remarks by Senator Rawson.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.

Assembly Bill No. 204.
Bill read third time.
Roll call on Assembly Bill No. 204:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 204 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 221.
Bill read third time.
Remarks by Senators James, Raggio, Coffin and O'Donnell.
Senator Coffin requested that the following remarks be entered in the Journal.
(The remarks will be a reprint of the Senate Journal.)
Roll call on Assembly Bill No. 221:
Yeas -- 20.
Nays -- James.
Assembly Bill No. 221 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 222.
Bill read third time.
Roll call on Assembly Bill No. 222:
Yeas -- 20.
Nays -- None.
Absent -- Rawson.
Assembly Bill No. 222 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 242.
Bill read third time.
Remarks by Senators James and Raggio.
Roll call on Assembly Bill No. 242:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 242 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 260.
Bill read third time.
Roll call on Assembly Bill No. 260:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 260 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 266.
Bill read third time.
Remarks by Senators Augustine and Raggio.
Roll call on Assembly Bill No. 266:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 266 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 270.
Bill read third time.
Remarks by Senators O'Donnell and James.
Roll call on Assembly Bill No. 270:
Yeas -- 20.
Nays -- Coffin.
Assembly Bill No. 270 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 279.
Bill read third time.
Roll call on Assembly Bill No. 279:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 279 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 470.
Bill read third time.
Roll call on Assembly Bill No. 470:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 470 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 515.
Bill read third time.
Roll call on Assembly Bill No. 515:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 515 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 523.
Bill read third time.
Roll call on Assembly Bill No. 523:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 523 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 606.
Bill read third time.
Roll call on Assembly Bill No. 606:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 606 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 626.
Bill read third time.
Roll call on Assembly Bill No. 626:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 626 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 659.
Bill read third time.
Remarks by Senator Raggio.
Roll call on Assembly Bill No. 659:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 659 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 660.
Bill read third time.
Remarks by Senators Coffin, James, Raggio, Titus, Rawson, Washington and Neal.
Roll call on Assembly Bill No. 660:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 660 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Chamber, Carson City, June 30, 1997

To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day passed Senate Bills Nos. 486, 487.
Also, I have the honor to inform your honorable body that the Assembly on this day passed Assembly Bills Nos. 586, 642, 646, 650.
Also, I have the honor to inform your honorable body that the Assembly on this day adopted the report of the second Committee on Conference concerning Senate Bill No. 128.

Jacqueline Sneddon

Assistant Chief Clerk of the Assembly

Assembly Bill No. 642.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.

Assembly Bill No. 646.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.

Assembly Bill No. 650.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.

ERNEST A. ADLER DARIO HERRERA
MIKE MCGINNESS ELLEN M. KOIVISTO
MAURICE WASHINGTON MERLE BERMAN
Senate Committee on Conference Assembly Committee on Conference

Senator Adler moved that the Senate adopt the report of the first Committee on Conference concerning Assembly Bill No. 336.
Remarks by Senator James
Motion carried.

Senator Ernie Adler
412 N. Division Street
Carson City, NV 89703

Legislative Intent, Assembly Bill No. 361

Dear Senator Adler:

As the sponsor of Assembly Bill No. 361 of the Sixty-ninth session of the Nevada Legislature, I would like to make clear for purposes of the Legislative Intent record that Assembly Bill No. 361 has no effect, intended or unintended, on any existing statuary or case law applicable within this state to easement by prescription, by necessity or implied license.

Cordially,
Mark E. Amodei

Senator Raggio moved that the Senate adjourn until Tuesday, July 1, 1997 at 10:30 a.m.
Motion carried.

Senate adjourned at 7:01 p.m.

Approved:

Lonnie L. Hammargren, M.D.

President of the Senate

Attest: Janice L. Thomas
Secretary of the Senate