Carson City (Thursday), July 3, 1997

Senate called to order at 12:06 p.m.
President Hammargren presiding.
Roll called.
All present.
Prayer by the Chaplain, The Reverend Bruce Kochsmeier.
Ever Faithful God,
As we gather on this eve of celebrating our nation's declaration of independence, we pray that we will never take for granted the freedom provided for us with the ultimate sacrifice of life. Open our eyes and hearts Lord, to the freedom You extend in offering us relationship with Yourself.
We remember this day Lord, Jimmy Stewart, who was for this nation a great reflection of Your love in his patriotism and servanthood. Let his reflection continue to influence and receive him into Your presence with Your joyful, "Well done, good and faithful servant."
In this session and in all our days, set us free to do Your will for the good of Your people. In the closing and critical hours of the work You have set before Your servants here, give each person the wisdom and courage to set pride and personal agenda aside to know and do Your will. Let Your justice and joy reign in each heart. Let a unity of purpose bind this body together. Give them the grace to work thoroughly but with the wisdom to know their best work is done before 3 a.m. Lighten their load Father and let them see through Your eyes. Give each person a sense of Your presence and blessing and perfect guidance, now and always.
We ask all these things relying upon Your grace and faithfulness.

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 Human Resources and Facilities, to which was referred Assembly Bill No. 574, 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 Assembly Bill No. 628, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Mark A. James,

Chairman

Assembly Chamber, Carson City, July 2, 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. 6, 50, 182, 201, 204, 214, 219, 313, 365, 367, 378, 429, 447, 455, 472, 478, 490.
Also, I have the honor to inform your honorable body that the Assembly amended, and on this day passed, as amended, Senate Bills Nos. 17, 58, 314, 325, 331, 341, 368, 446, 452, 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 passed Assembly Bills Nos. 518, 612.
Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bills Nos. 499, 609, 648.
Also, I have the honor to inform your honorable body that the Assembly on this day concurred in the Senate amendments to Assembly Bills Nos. 26, 126.
Also, I have the honor to inform your honorable body that the Assembly on this day respectfully refused to concur in the Senate amendment to Assembly Bill No. 366.
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 Senate Bill No. 80.
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 Senate Bill No. 258.
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. 209 and requests a conference, and appointed Assemblymen Freeman, Manendo and Hickey as a first Committee on Conference to meet with a like committee of the Senate.

Jacqueline Sneddon

Assistant Chief Clerk of the Assembly

Assembly Bill No. 518.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.

Assembly Bill No. 609.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.

Assembly Bill No. 612.
Senator Rawson moved that the bill be referred to the Committee on Natural Resources.
Motion carried.

Assembly Bill No. 648.
Senator Rawson moved that the bill be referred to the Committee on Taxation.
Motion carried.

"Summary-Revises provisions governing liens upon lands entitled to receive water from irrigation districts. (BDR 48-1383)".

Assembly Bill No. 11.
Bill read third time.
The following amendment was proposed by Senator Washington:
Amendment No. 1110.
Amend sec. 3, page 1, line 5, by deleting "subsection 6 " and inserting "this subsection,".
Amend sec. 3, page 1, by deleting lines 11 through 16 and inserting:
"(a) If the facility or agency employs at least 7 but not more than 25 employees, in the amount of $25,000; or
(b) If the facility or agency employs more than 25 employees, in the amount of $50,000.
If the facility or agency employs fewer than 7 employees, the facility or agency is not required to file a surety bond with the administrator.".
Amend sec. 3, page 2, by deleting lines 24 through 28.
Senator Washington moved the adoption of the amendment.
Remarks by Senators Washington, Rawson, Augustine, Titus and Coffin.
Amendment lost on a division of the house.
Roll call on Assembly Bill No. 11:
Yeas -- 17.
Nays -- Mathews, McGinness, Washington - 3.
Excused -- Schneider.
Assembly Bill No. 11 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 74.
Bill read third time.
Roll call on Assembly Bill No. 74:
Yeas -- 20.
Nays -- None.
Excused -- Schneider.
Assembly Bill No. 74 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 170.
Bill read third time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 1151.
Amend sec. 24, page 21, line 39, by deleting "inclusive:" and inserting:
"inclusive, and sections 2 to 6, inclusive, of [this act,] Senate Bill No. 155 of this session, unless the context otherwise requires:".
Amend sec. 24, page 22, line 33, after "5." by inserting:
" "Participant" means an adult, child or incompetent person for whom a fictitious address has been issued pursuant to sections 2 to 6, inclusive, of this act.
[5.] 6.".
Amend sec. 34, page 25, line 17, after "20" by inserting:
"to 23, inclusive, 25".
Amend sec. 34, page 25, line 19, by deleting:
"7 and 8" and inserting:
"7, 8 and 24".
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. 191.
Bill read third time.
The following amendment was proposed by Senator Rawson:
Amendment No. 1155.
Amend the bill as a whole by adding a new section designated sec. 2.5, following sec. 2, to read as follows:
"Sec. 2.5. Section 5 of chapter 664, Statutes of Nevada 1993, as amended by section 1 of chapter 343, Statutes of Nevada 1995, at page 862, is hereby amended to read as follows:

Sec. 5. This act becomes effective on July 1, 1993 . [, and expires by limitation on June 30, 1999.]".

Assembly Bill No. 208.
Bill read third time.
Remarks by Senators O'Donnell and James.
Roll call on Assembly Bill No. 208:
Yeas -- 19.
Nays -- Augustine.
Excused -- Schneider.
Assembly Bill No. 208 having received a two-thirds majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 312.
Bill read third time.
Remarks by Senators Neal and James.
Roll call on Assembly Bill No. 312:
Yeas -- 20.
Nays -- None.
Excused -- Schneider.
Assembly Bill No. 312 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 468.
Bill read third time.
Remarks by Senators Rawson, Townsend and Adler.
Roll call on Assembly Bill No. 468:
Yeas -- 20.
Nays -- None.
Excused -- Schneider.
Assembly Bill No. 468 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 517.
Bill read third time.
Roll call on Assembly Bill No. 517:
Yeas -- 20.
Nays -- None.
Excused -- Schneider.
Assembly Bill No. 517 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Senator O'Donnell moved that the Senate recess subject to the call of the Chair.
Motion carried.

Senate in recess at 12:43 p.m.

At 1:04 p.m.
President Hammargren presiding.
Quorum present.

William J. Raggio,

Chairman

Mr. President:
Your Committee on Government Affairs, to which were referred Senate Bills Nos. 184, 296, 319, 436, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Ann O'Connell,

Chairman

Mr. President:
Your Committee on Human Resources and Facilities, to which was referred Assembly Bill No. 375, 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 Human Resources and Facilities, to which was referred Senate Bill No. 332, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass, and re-refer to the Committee on Finance.

Raymond D. Rawson,

Chairman

Mr. President:
Your Committee on Human Resources and Facilities, to which was referred Assembly Bill No. 634, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Raymond D. Rawson,

Chairman

Mr. President:
Your Committee on Judiciary, to which was referred Assembly Bill No. 664, 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 Assembly Bill No. 525, 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 Taxation, to which was referred Assembly Bill No. 644, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Mike McGinness,

Chairman

Assembly Chamber, Carson City, July 3, 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. 372, 409, 426, 485.
Also, I have the honor to inform your honorable body that the Assembly on this day concurred in the Senate amendments to Assembly Bills Nos. 419, 456, 457.
Also, I have the honor to inform your honorable body that the Assembly on this day amended, and passed, as amended, Senate Bills Nos. 105, 266, 356, 424, 457, 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 Senate Concurrent Resolution No. 62.
Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bills Nos. 33, 70, 384, 464, 504, 531, 540, 541, 545, 578, 617, 625, 636, 657, 663.
Also, I have the honor to inform your honorable body that the Assembly on this day adopted, as amended, Assembly Concurrent Resolutions Nos. 32, 44.

Jacqueline Sneddon

Assistant Chief Clerk of the Assembly

Senate Concurrent Resolution No. 10.
Senator Augustine moved the adoption of the resolution.
Remarks by Senator Augustine.
Resolution adopted, as amended.

Senate Concurrent Resolution No. 21.
Senator Augustine moved the adoption of the resolution.
Remarks by Senator Augustine.
Resolution adopted, as amended.

Senate Concurrent Resolution No. 60.
Senator Augustine moved the adoption of the resolution.
Remarks by Senator Augustine.
Resolution adopted, as amended.

"Summary--Requires certain railroads to pay certain expenses for activities of the public service commission of Nevada relating to railroad safety. (BDR 58-1228)".

Assembly Bill No. 375.
Bill read second time.
The following amendment was proposed by the Committee on Human Resources and Facilities:
Amendment No. 1140.
Amend sec. 3, page 1, line 13, by deleting "a misrepresentation,".
Amend sec. 3, page 1, line 14, by deleting "improper,".
Amend sec. 4, page 2, line 13, by deleting "an" and inserting "a second ".
Amend sec. 16, page 6, by deleting lines 20 through 22 and inserting:
"to determine whether he is eligible for the services offered by the division. The evaluation must be conducted:
(a) Within 72 hours if the person has requested inpatient services; or
(b) Within 72 regular operating hours, excluding weekends and holidays, if the person has requested community-based or outpatient services.".
Amend sec. 18, page 6, line 31, after "psychologist," by inserting:
"marriage and family therapist,".
Amend sec. 18, page 6, line 32, after "psychologist," by inserting:
"marriage and family therapist,".
Senator Rawson moved the adoption of the amendment.
Remarks by Senators Rawson and Adler.
Conflict of interest declared by Senator Adler.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.

Assembly Bill No. 394.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 1136.
Amend section 1, page 1, line 5, after "inherited " by inserting "metabolic".
Amend section 1, page 1, by deleting lines 9 through 11 and inserting:
"(b) At least $2,500 per year for special food products which are prescribed or ordered by a physician as medically necessary for the treatment of a person described in paragraph (a).".
Amend section 1, page 1, line 15, by deleting:
"October 1, 1997," and inserting:
"January 1, 1998,".
Amend section 1, page 1, between lines 17 and 18, by inserting:
"4. As used in this section:
(a) "Inherited metabolic disease" means a disease caused by an inherited abnormality of the body chemistry of a person.
(b) "Special food product" means a food product that is specially formulated to have less than one gram of protein per serving and is intended to be consumed under the direction of a physician for the dietary treatment of an inherited metabolic disease. The term does not include a food that is naturally low in protein.".
Amend sec. 2, page 1, line 22, after "inherited " by inserting "metabolic".
Amend sec. 2, page 2, by deleting lines 4 through 6 and inserting:
"(b) At least $2,500 per year for special food products which are prescribed or ordered by a physician as medically necessary for the treatment of a person described in paragraph (a).".
Amend sec. 2, page 2, line 10, by deleting:
"October 1, 1997," and inserting:
"January 1, 1998,".
Amend sec. 2, page 2, between lines 12 and 13, by inserting:
"4. As used in this section:
(a) "Inherited metabolic disease" means a disease caused by an inherited abnormality of the body chemistry of a person.
(b) "Special food product" means a food product that is specially formulated to have less than one gram of protein per serving and is intended to be consumed under the direction of a physician for the dietary treatment of an inherited metabolic disease. The term does not include a food that is naturally low in protein.".
Amend sec. 3, page 2, line 17, after "inherited " by inserting "metabolic".
Amend sec. 3, page 2, by deleting lines 21 through 23 and inserting:
"(b) At least $2,500 per year for special food products which are prescribed or ordered by a physician as medically necessary for the treatment of a person described in paragraph (a).".
Amend sec. 3, page 2, line 27, by deleting:
"October 1, 1997," and inserting:
"January 1, 1998,".
Amend sec. 3, page 2, between lines 29 and 30 by inserting:
"4. As used in this section:
(a) "Inherited metabolic disease" means a disease caused by an inherited abnormality of the body chemistry of a person.
(b) "Special food product" means a food product that is specially formulated to have less than one gram of protein per serving and is intended to be consumed under the direction of a physician for the dietary treatment of an inherited metabolic disease. The term does not include a food that is naturally low in protein.".
Amend sec. 4, page 2, line 34, after "inherited " by inserting "metabolic".
Amend sec. 4, page 2, by deleting lines 38 through 40 and inserting:
"(b) At least $2,500 per year for special food products which are prescribed or ordered by a physician as medically necessary for the treatment of a person described in paragraph (a).".
Amend sec. 4, page 2, line 44, by deleting:
"October 1, 1997," and inserting:
"January 1, 1998,".
Amend sec. 4, page 3, after line 3, by inserting:
"4. As used in this section:
(a) "Inherited metabolic disease" means a disease caused by an inherited abnormality of the body chemistry of a person.
(b) "Special food product" means a food product that is specially formulated to have less than one gram of protein per serving and is intended to be consumed under the direction of a physician for the dietary treatment of an inherited metabolic disease. The term does not include a food that is naturally low in protein.".
Amend the bill as a whole by adding new sections designated sections 5 and 6, following sec. 4, to read as follows:
"Sec. 5. NRS 695C.050 is hereby amended to read as follows:
695C.0501. Except as otherwise provided in this chapter or in specific provisions of this Title, the provisions of this Title are not applicable to any health maintenance organization granted a certificate of authority under this chapter. This provision does not apply to an insurer licensed and regulated pursuant to this Title except with respect to its activities as a health maintenance organization authorized and regulated pursuant to this chapter.
2. Solicitation of enrollees by a health maintenance organization granted a certificate of authority, or its representatives, must not be construed to violate any provision of law relating to solicitation or advertising by practitioners of a healing art.
3. Any health maintenance organization authorized pursuant to this chapter shall not be deemed to be practicing medicine and is exempt from the provisions of chapter 630 of NRS.
4. The provisions of NRS 695C.110, 695C.170 to 695C.200, inclusive, 695C.250 and 695C.265 and section 4 of this act do not apply to a health maintenance organization that provides health care services through managed care to recipients of Medicaid pursuant to a contract with the welfare division of the department of human resources. This subsection does not exempt a health maintenance organization from any provision of this chapter for services provided pursuant to any other contract.
Sec. 6. Section 5 of this act becomes effective at 12:01 a.m. on October 1, 1997.".
Senator Townsend moved the adoption of the amendment.
Remarks by Senators Townsend, Raggio and Coffin.
Conflict of interest declared by Senators Raggio, Coffin and James.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 471.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 1149.
Amend section 1, page 1, line 3, by deleting "The" and inserting:
"Except as otherwise provided in subsection 2, the".
Amend section 1, page 1, line 6, by deleting:
", a territory of the United States".
Amend section 1, page 1, by deleting lines 7 through 9 and inserting:
"(b) Has received a degree from a dental school or college accredited by the American Dental Association Commission on Dental Accreditation, or its successor organization;
(c) Has at least 5 years of clinical experience obtained after receiving such a degree; and
(d) Has entered into a contract with a facility approved by the health division of the department ".

Amend section 1, page 1, by deleting line 13 and inserting:
"(a) Who has failed to pass the examination of the board;".
Amend section 1, page 2, line 1, by deleting:
"by the board;" and inserting:
"in this state, another state or territory of the United States or the District of Columbia;".
Amend section 1, page 2, line 2, by deleting the italicized period and inserting:
"in this state, another state or territory of the United States or the District of Columbia.".
Amend section 1, page 2, by deleting line 6 and inserting:
"(1) Under the supervision of a dentist who is licensed to practice dentistry in this state and appointed by the health division of the department to supervise dental care that is provided in a facility which has entered into a contract with the person to whom a restricted license is issued and which is approved by the health division of the department; and ".
Amend section 1, page 2, line 7, by deleting "(c)" and inserting "(d)".
Amend section 1, page 2, line 10, by deleting the italicized period and inserting:
", which includes, without limitation, providing dental services to a person who pays for the services.".
Amend section 1, page 2, by deleting lines 11 and 12 and inserting:
"4. A person who receives a restricted license must pass the examination of the board within 1 year after receiving his restricted license. If the person fails to pass that examination, the board shall revoke the restricted license.
5. The board may revoke a restricted license at any time.".
Amend the bill as a whole by deleting sec. 2 and adding a new section designated sec. 2 and the text of the repealed section, following section 1, to read as follows:
"Sec. 2. NRS 631.270 is hereby repealed.

TEXT OF REPEALED SECTION

631.270Limited license.
1. The board shall without examination grant a limited license to practice dentistry in this state to any graduate of an accredited dental school, who is otherwise qualified, upon request of the governing board of any accredited hospital for such graduate to serve as a dental intern in such institution, with such limited duties as may be defined in such request.
2. No such limited license shall be granted to any person whose license to practice dentistry has been revoked or to whom a license has been refused.
3. Such limited license shall not permit the holder thereof to open an office for private practice or to receive compensation for the practice of dentistry except such salary as may be paid by the State of Nevada, its legal subdivision, or the institution by which he is employed.
4. Such limited license may be revoked by the board at any time, and shall expire by its own limitation 6 months after the date of its issuance, but may be renewed for a similar period at the discretion of the board.".
Amend the title of the bill by deleting the third and fourth lines and inserting:
"a license; and providing other matters properly".
Senator Townsend moved the adoption of the amendment.
Remarks by Senators Townsend, Raggio and Rawson.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.

Assembly Bill No. 525.
Bill read second time.
The following amendment was proposed by the Committee on Taxation:
Amendment No. 1135.
Amend the bill as a whole by deleting section 1 and adding new sections designated sections 1 through 1.9, following the enacting clause, to read as follows:
"Section 1. NRS 365.185 is hereby amended to read as follows:
365.185 1. In addition to any other tax provided for in this chapter, there [shall] must be levied an excise tax on gasoline.
2. This tax [shall] must be imposed and [shall increase up to a total of 4 cents per gallon,] will increase if the tax collected by the Federal Government pursuant to the provisions of 26 U.S.C. § 4081 [, is diminished] or any other tax collected by the Federal Government relating to gasoline is reduced or discontinued in whole or in part. The amount of the tax so imposed by this state [shall] must be equal to the amount by which the federal tax is reduced.
3. This tax [shall] must be accounted for by each dealer and [shall be] collected in the manner provided in this chapter. The tax [shall] must be paid to the department and delivered by the department to the state treasurer.
Sec. 1.3. NRS 365.550 is hereby amended to read as follows:
365.550 1. The receipts of the tax [as levied in] levied pursuant to NRS 365.180 must be allocated monthly by the department to the counties [upon] using the following formula:
(a) One-fourth in proportion to total area.
(b) One-fourth in proportion to population.
(c) One-fourth in proportion to road mileage and street mileage [(] of nonfederal aid primary roads . [).]
(d) One-fourth in proportion to vehicle miles of travel on [roads (] nonfederal aid primary roads . [).]
2. The amount [due] allocated to the counties under the formula must be remitted monthly. The state controller shall draw his warrants payable to the county treasurer of each of the several counties, and the state treasurer shall pay the warrants out of the proceeds of the tax levied [in] pursuant to NRS 365.180.
3. Of the money received by the counties [by reason of] pursuant to the provisions of this section:
(a) An amount equal to that part of the allocation which represents 1.25 cents of the tax per gallon must be used exclusively for the service and redemption of revenue bonds issued pursuant to chapter 373 of NRS, for the construction, maintenance and repair of county roads, and for the purchase of equipment for that [work,] construction, maintenance and repair, under the direction of the boards of county commissioners of the several counties, and must not be used to defray expenses of administration; and
(b) An amount equal to that part of the allocation which represents 2.35 cents of the tax per gallon must be allocated pursuant to the following formula:
(1) If there are no incorporated cities in the county, to the county; and
(2) If there is [one or more incorporated cities] at least one incorporated city in the county, to the county and any incorporated cities in the county pursuant to the formula set [out] forth for counties in subsection 1. For the purpose of applying the formula, the area of the county excludes the area included in any incorporated city.
4. The formula computations must be made as of July 1 of each year by the department, based on estimates which must be furnished by the department of transportation. The determination [so] made by the department is conclusive.
5. Each county and incorporated city shall, not later than January 1 of each year, submit a list to the department of transportation setting forth:
(a) Each road or street that is maintained by the county or city; and
(b) The beginning and ending points and the total mileage of each of those roads or streets.
Each county and incorporated city shall, at least 10 days before the list is submitted to the department of transportation, hold a public hearing to identify and determine the roads and streets maintained by the county or city.
6. As used in this section, "construction, maintenance and repair" includes the acquisition, operation or use of any material, equipment or facility that is used exclusively for the construction, maintenance or repair of a county or city road and is necessary for the safe and efficient use of that road, including, without limitation:
(a) Grades and regrades;
(b) Graveling, oiling, surfacing, macadamizing and paving;
(c) Sweeping, cleaning and sanding roads and removing snow from a road;
(d) Crosswalks and sidewalks;
(e) Culverts, catch basins, drains, sewers and manholes;
(f) Inlets and outlets;
(g) Retaining walls, bridges, overpasses, underpasses, tunnels and approaches;
(h) Artificial lights and lighting equipment, parkways, control of vegetation and sprinkling facilities;
(i) Rights of way;
(j) Grade and traffic separators;
(k) Fences, cattle guards and other devices to control access to a county or city road;
(l) Signs and devices for the control of traffic; and
(m) Facilities for personnel and the storage of equipment used to construct, maintain or repair a county or city road.
Sec. 1.5. NRS 365.560 is hereby amended to read as follows:
365.560 1. The receipts of the tax [as levied in NRS 365.190 shall] levied pursuant to NRS 365.190 must be allocated monthly by the department to the counties in which the [tax] payment of the tax originates.
2. [Such receipts shall] The receipts must be apportioned between the county, towns with town boards as organized under NRS 269.016 to 269.019, inclusive, and incorporated cities within the county from the general road fund of the county in the same ratio as the assessed valuation of property within the boundaries of [such] the towns or incorporated cities within the county bears to the total assessed valuation of property within the county, including property within the towns or incorporated cities.
3. [All such money so] Any money apportioned to a county [shall] pursuant to subsection 2 must be expended by the county solely for [the] :
(a) The service and redemption of revenue bonds issued pursuant to chapter 373 of NRS [, for the] ;
(b) The construction, maintenance and repair of the public highways of the county [and for the] ; and
(c) The purchase of equipment for [such work, and shall] that construction, maintenance and repair.
The money must not be used to defray the expenses of administration.
4. [All such money so] Any money apportioned to towns or incorporated cities [shall] pursuant to subsection 2 must be expended only upon the streets, alleys and public highways of [such] the town or city, other than state highways, under the direction and control of the governing body of the town or city.
5. As used in this section, "construction, maintenance and repair" has the meaning ascribed to it in NRS 365.550.
Sec. 1.7. NRS 366.195 is hereby amended to read as follows:
366.1951. In addition to any other tax provided for in this chapter, there [shall] must be levied an excise tax on special fuel.
2. This tax [shall] must be imposed and [shall increase up to a total of 4 cents per gallon,] will increase if the tax collected by the Federal Government, pursuant to the provisions of 26 U.S.C. § 4041 [, is diminished] or any other tax collected by the Federal Government relating to special fuel is reduced or discontinued in whole or in part. The amount of the tax so imposed by this state [shall] must be equal to the amount by which the federal tax is reduced.
Sec. 1.9. Chapter 373 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 10, inclusive, of this act.".
Amend sec. 14, page 4, by deleting lines 37 through 39 and inserting:
"Sec. 14. "Construction, maintenance and repair" includes the acquisition, operation or use of any material, equipment or facility that is used exclusively for the construction, maintenance or repair of a public road and is necessary for the safe and efficient use of the public road, including, without limitation:
1. Grades and regrades;
2. Graveling, oiling, surfacing, macadamizing and paving;
3. Sweeping, cleaning and sanding roads and removing snow from a public road;
4. Crosswalks and sidewalks;
5. Culverts, catch basins, drains, sewers and manholes;
6. Inlets and outlets;
7. Retaining walls, bridges, overpasses, underpasses, tunnels and approaches;
8. Artificial lights and lighting equipment, parkways, control of vegetation and sprinkling facilities;
9. Rights of way;
10. Grade and traffic separators;
11. Fences, cattle guards and other devices to control access to a public road;
12. Signs and devices for the control of traffic; and
13. Facilities for personnel and the storage of equipment used to construct, maintain or repair a public road.".
Amend the bill as a whole by deleting sections 15 and 16 and inserting:
"Secs. 15 and 16. (Deleted by amendment.)".
Amend the bill as a whole by deleting section 18 and inserting:
"Sec. 18. (Deleted by amendment.)".
Amend the bill as a whole by adding new sections designated sec. 27.3 and sec. 27.5, following sec. 27, to read as follows:
"Sec. 27.3. 1. The legislative commission shall appoint a subcommittee to conduct an interim study of the cost to the counties and incorporated cities in this state of maintaining highways, roads and streets and the practices of the counties and incorporated cities in maintaining those highways, roads and streets. The subcommittee may contract with one or more consultants to obtain technical advice concerning the study.
2. The subcommittee shall:
(a) Identify the practices and procedures used to maintain the highways, roads and streets in this state or in any other state;
(b) Develop a data base for a uniform system of maintenance of highways, roads and streets by counties and incorporated cities;
(c) Identify procedures for developing that data base;
(d) Develop computer software for use in support of those procedures;
(e) Prepare a manual that sets forth those procedures; and
(f) Determine the average cost per mile of the highways, roads and streets maintained by the counties and incorporated cities in this state.
3. As soon as practicable after July 1, 1997, the director of the legislative counsel bureau shall determine the cost of the study and notify the executive director of the department of taxation of the cost of the study. The cost of the study must not exceed $250,000.
4. Upon receipt of the notice required pursuant to subsection 3, the executive director shall prorate the cost of the study for each month of the 1997-98 fiscal year among each of the counties and cities in the proportion that the amount allocated to a county or city each month pursuant to NRS 365.550 bears to the total amount allocated to all the counties and cities for that month. After determining each month the prorated cost for each county and city, the executive director shall:
(a) Withhold the prorated amount from the amount allocated to the county or city for that month pursuant to NRS 365.550; and
(b) Notify the state controller, in writing, of the amount withheld.
5. Upon receipt of the notice required pursuant to subsection 4, the state controller shall transfer the amount specified in the notice to the legislative fund.
6. The money transferred to the legislative fund pursuant to subsection 5 is hereby authorized for expenditure by the director of the legislative counsel bureau to pay the cost of the study conducted pursuant to this section.
7. The legislative commission shall, not later than November 1, 1998, submit a report of the findings of the subcommittee, including any recommended legislation, to the director of the legislative counsel bureau for transmittal to the 70th session of the Nevada legislature.
Sec. 27.5. The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.".
Amend the title of the bill, third line, after the semicolon by inserting:
"requiring each county and incorporated city to submit a list to the department of transportation setting forth each road or street maintained by the county or city; defining the term "construction, maintenance and repair" for the purposes of using the proceeds of certain taxes on motor vehicle fuel; requiring the legislative commission to conduct an interim study relating to the maintenance of highways, roads and streets by counties and cities;".
Amend the summary of the bill to read as follows:

"Summary--Revises provisions relating to certain taxes on motor vehicle fuel and special fuel and use of certain sales and use taxes. (BDR 32-326)".

Assembly Bill No. 574.
Bill read second time.
The following amendment was proposed by the Committee on Human Resources and Facilities:
Amendment No. 1139.
Amend section 1, page 1, by deleting lines 3 through 6 and inserting:
"1. Before the welfare division may commit any money pursuant to a contract with a person for the distribution of checks for public assistance, it shall obtain approval from the interim finance committee.
2. Any such contract entered into by the welfare division must be with:
(a) A person who is licensed by the division of financial institutions of the department of business and industry pursuant to Title 55 of NRS; or
(b) A depository institution that is chartered by another state or the Federal Government.".
Amend the title of the bill to read as follows:

"An Act relating to public welfare; establishing certain requirements for any contract entered into by the welfare division of the department of human resources for the distribution of checks for public assistance; and providing other matters properly relating thereto.".

"Summary--Establishes certain requirements for any contract entered into by welfare division of department of human resources for distribution of checks for public assistance. (BDR 38-1775)".

Assembly Bill No. 628.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 1117.
Amend section 1, page 2, by deleting lines 1 through 7 and inserting:
"peace in a township, the new justice or justices of the peace must be elected at the next ensuing biennial election.".
Senator James moved the adoption of the amendment.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.

Senate Bill No. 400.
Bill read third time.
Roll call on Senate Bill No. 400:
Yeas -- 20.
Nays -- None.
Excused -- Schneider.
Senate Bill No. 400 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Senate Bill No. 427.
Bill read third time.
Remarks by Senators Rawson and Neal.
Senator Neal requested that Senator Rawson's remarks be entered in the Journal.
Thank you, Mr. President. This sets up the general authority to be able to make the transition to a mandatory program. Under the budget authorization, we spelled out specifically that they must work with the University Medical Center and with the federally-qualified health centers in developing whatever programs they develop. It is the intention of the interim committee to see that all of those entities are included in whatever final product comes out of this work.
Roll call on Senate Bill No. 427:
Yeas -- 20.
Nays -- None.
Excused -- Schneider.
Senate Bill No. 427 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 581.
Bill read third time.
The following amendment was proposed by Senators Augustine and O'Connell:
Amendment No. 1163.
Amend section 1, page 1, by deleting lines 4 through 6 and inserting:
"with, acquire through a subsidiary or affiliate, or otherwise obtain control of a public utility subject to the provisions of NRS 704.005 to 704.751, inclusive, without first".
Amend section 1, page 1, line 12, by deleting:
"doing business in this state," and inserting:
"subject to the provisions of NRS 704.005 to 704.751, inclusive,".
Amend section 1, page 2, by deleting lines 2 through 5 and inserting:
"a public utility subject to the provisions of NRS 704.005 to 704.751, inclusive, if a transfer of not more than 25 percent of the common stock of such a public utility is proposed.".
Senator Augustine moved the adoption of the amendment.
Remarks by Senators Augustine, Townsend and Neal.
Motion carried on a division of the house.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.

Senate Bill No. 493.
Bill read third time.
Remarks by Senators Raggio, James and Coffin.
Roll call on Senate Bill No. 493:
Yeas -- 18.
Nays -- Titus, Townsend - 2.
Excused -- Schneider.
Senate Bill No. 493 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Senator Raggio moved that the Senate recess until 3:00 p.m.
Motion carried.

Senate in recess at 2:11 p.m.

At 4:05 p.m.
President Hammargren presiding.
Quorum present.

William R. O'Donnell,

Chairman

Assembly Bill No. 70.
Senator Raggio moved that the bill be referred to the Committee on Government Affairs.
Motion carried.

Assembly Bill No. 384.
Senator Raggio moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.

Assembly Bill No. 464.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.

Assembly Bill No. 504.
Senator Raggio moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.

Assembly Bill No. 531.
Senator Raggio moved that the bill be referred to the Committee on Natural Resources.
Motion carried.

Assembly Bill No. 540.
Senator Raggio moved that the bill be referred to the Committee on Government Affairs.
Motion carried.

Assembly Bill No. 541.
Senator Raggio moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.

Assembly Bill No. 545.
Senator Raggio moved that the bill be referred to the Committee on Transportation.
Motion carried.

Assembly Bill No. 578.
Senator Raggio moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.

Assembly Bill No. 617.
Senator Raggio moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.

Assembly Bill No. 625.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.

Assembly Bill No. 636.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.

Assembly Bill No. 657.
Senator Raggio moved that the bill be referred to the Committee on Transportation.
Motion carried.

Assembly Bill No. 663.
Senator Raggio moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.

Assembly Concurrent Resolution No. 44.
Senator Raggio moved that the bill be referred to the Committee on Legislative Affairs and Operations.
Motion carried.

Senate Bill No. 328.
The following Assembly amendments were read:
Amendment No. 973.
Amend sec. 3, page 2, by deleting lines 8 through 12 and inserting:
"violation of his civil rights and the offender requests that any other offender appear as a witness in".
Amend sec. 5, page 3, by deleting lines 18 through 22 and inserting:
"2. An amount the director considers reasonable to meet an existing obligation of the offender for the support of his family.
3. An amount determined by the director, with the approval of the board, to offset the cost of maintaining the offender in the institution, as reflected in the budget of the department.".
Amend sec. 6.2, page 5, by deleting lines 14 and 15 and inserting:
"4. Upon request of the director, a private employer who employs an offender shall provide the director with:".
Amend sec. 6.2, page 5, line 18, after "Any" by inserting "additional ".
Amend sec. 6.2, page 5, by deleting lines 20 through 22.
Amend sec. 7, page 5, by deleting lines 34 and 35 and inserting:
"paragraph (b)] paragraph (c) of subsection 1 of NRS 209.463 [.] or subsection 3 of section 5 of this act. The money in the fund must only be expended to house".
Amend sec. 7.6, page 7, by deleting lines 32 and 33 and inserting:
"2. An offender shall deposit all money that he receives into his".
Amend sec. 7.6, page 8, by deleting lines 10 and 11 and inserting:
"6. An offender who does not deposit all money that he receives into his".
Amend sec. 7.6, page 8, by deleting lines 15 and 16 and inserting:
"money the offender receives into the individual account of the".
Amend sec. 8, page 9, by deleting lines 9 and 10 and inserting:
"which the offender must be charged a reasonable fee not to exceed the actual costs incurred by the department;".
Amend sec. 8, page 9, between lines 20 and 21, by inserting:
"4. Repay any cost to the State of Nevada or any agency or political subdivision thereof that is incurred in defending the state against an action filed by an offender in federal court alleging a violation of his civil rights which is determined by the court to be frivolous.".
Amend sec. 14, page 12, between lines 33 and 34, by inserting:
"(b) An amount the director considers reasonable to meet an existing obligation of the offender for the support of his family.".
Amend sec. 14, page 12, line 34, by deleting "(b)" and inserting "(c)".
Amend sec. 14, page 12, line 38, by deleting "(c)" and inserting "(d)".
Amend sec. 14, page 12, line 41, by deleting "(d)" and inserting "(e)".
Amend sec. 14, page 13, by deleting line 1 and inserting:
"[(5) An amount the director considers reasonable to meet any".
Amend sec. 14, page 13, line 3, by deleting the open bracket.
Amend sec. 23, page 20, line 27, by deleting:
"sections 6.2 and" and inserting "section".
Amend the title of the bill, sixth line, by deleting "himself and".
Senator James moved that the Senate concur in Assembly amendment No. 973 to Senate Bill No. 328.
Remarks by Senator James.
Motion carried.
The following Assembly amendment was read:
Amendment No. 1069.
Amend sec. 7.2, page 6, line 13, by deleting:
"4 and 5," and inserting:
"4, 5 and 6,".
Amend sec. 7.2, page 6, between lines 29 and 30, by inserting:
"6. If the department incurs costs related to state property that has been willfully damaged, destroyed or lost or incurs costs related to medical examination, diagnosis or treatment for an injury to an offender, the director may authorize the state controller to transfer money from the offenders' store fund to the appropriate account in the state general fund to repay or defray those costs if:
(a) The director has reason to believe that an offender caused the damage, destruction, loss or injury; and
(b) The identity of the offender is unknown or cannot be determined by the director with reasonable certainty.
The state controller shall make the transfer if authorized by the director. Any money transferred must be accounted for separately. If the identity of the offender is determined after money has been transferred, the director shall cause the offenders' store fund to be reimbursed from the offender's individual account in the prisoners' personal property fund, as money becomes available.".
Amend sec. 7.2, page 6, line 30, by deleting "6." and inserting "7.".
Amend sec. 7.2, page 6, by deleting line 39 and inserting:
"8. The statement required by subsection 7 must also authorize the".
Amend sec. 7.2, page 7, line 3, by deleting "8." and inserting "9.".
Amend sec. 7.2, page 7, line 6, by deleting "9." and inserting "10.".

Senator James moved that the Senate concur in Assembly amendment No. 1069 to Senate Bill No. 328.
Motion carried.
Bill ordered enrolled.

Senate Bill No. 402.
The following Assembly amendment was read:
Amendment No. 1035.
Amend sec. 11, page 9, by deleting lines 9 and 10 and inserting:
"1. A court or an agency of a local government may organize or sponsor one or more multidisciplinary teams to review the death".
Amend sec. 11, page 9, by deleting lines 12 and 13 and inserting:
"33.018.
2. If a multidisciplinary team is organized or sponsored pursuant to subsection 1, the court or agency shall review the death".
Amend sec. 11, page 9, line 14, by deleting "such".
Amend sec. 11, page 9, line 16, before "agency" by inserting "court or".
Amend sec. 11, page 9, by deleting lines 17 through 20 and inserting:
"3. Members of a team that is organized or sponsored pursuant to subsection 1 serve at the pleasure of the court or agency that organizes or sponsors the team and must include, without limitation, representatives of organizations concerned with law enforcement, issues related to physical or mental health, or the prevention of domestic violence and assistance to victims of domestic violence.".
Amend sec. 11, page 9, line 21, by deleting "3." and inserting "4.".
Amend sec. 11, page 9, line 25, after "review." by inserting:
"Any information shared by an organization with other members of a team is confidential.
5. A team organized pursuant to this section may, upon request, provide a report concerning its review to a person related to the victim within the third degree of consanguinity.".
Amend sec. 11, page 9, line 26, by deleting "4." and inserting "6.".
Amend sec. 11, page 9, line 27, after "section," by inserting:
"a court or ".
Amend sec. 11, page 9, between lines 28 and 29, by inserting:
"7. A team organized pursuant to this section may, if appropriate, meet with a multidisciplinary team to review the death of a child organized pursuant to NRS 432B.405.".
Amend sec. 11, page 9, line 29, by deleting "5." and inserting "8.".
Amend sec. 11, page 9, line 32, by deleting "6." and inserting "9.".
Amend sec. 11, page 9, by deleting lines 34 through 38.
Senator James moved that the Senate concur in the Assembly amendment to Senate Bill No. 402.
Remarks by Senators James and Titus.
Motion carried.
Bill ordered enrolled.

Senate Bill No. 398.
The following Assembly amendment was read:
Amendment No. 823.
Amend section 1, page 3, by deleting lines 8 through 10.
Amend the title of the bill by deleting the fourth through sixth lines and inserting:
"state department of conservation and natural resources; and providing other matters properly relating thereto.".
Senator Rhoads moved that the Senate do not concur in the Assembly amendment to Senate Bill No. 398.
Motion carried.
Bill ordered transmitted to the Assembly.

Mr. President appointed Senators Augustine, Rhoads and Schneider as a first Committee on Conference to meet with a like committee of the Assembly for the further consideration of Senate Bill No. 242.

Assembly Bill No. 296.
Bill read third time.
Roll call on Assembly Bill No. 296:
Yeas -- 18.
Nays -- None.
Absent -- Adler, O'Donnell - 2.
Excused -- Schneider.
Assembly Bill No. 296 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 306.
Bill read third time.
Roll call on Assembly Bill No. 306:
Yeas -- 19.
Nays -- None.
Absent -- Adler.
Excused -- Schneider.
Assembly Bill No. 306 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 319.
Bill read third time.
Roll call on Assembly Bill No. 319:
Yeas -- 19.
Nays -- Coffin.
Excused -- Schneider.
Assembly Bill No. 319 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 436.
Bill read third time.
Remarks by Senators Neal, Porter, James and O'Connell.
Roll call on Assembly Bill No. 436:
Yeas -- 19.
Nays -- None.
Not voting -- Shaffer.
Excused -- Schneider.
Assembly Bill No. 436 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 437.
Bill read third time.
Remarks by Senators Adler and James.
Roll call on Assembly Bill No. 437:
Yeas -- 20.
Nays -- None.
Excused -- Schneider.
Assembly Bill No. 437 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 453.
Bill read third time.
Roll call on Assembly Bill No. 453:
Yeas -- 20.
Nays -- None.
Excused -- Schneider.
Assembly Bill No. 453 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 460.
Bill read third time.
Remarks by Senator Rawson.
Roll call on Assembly Bill No. 460:
Yeas -- 20.
Nays -- None.
Excused -- Schneider.
Assembly Bill No. 460 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 466.
Bill read third time.
Roll call on Assembly Bill No. 466:
Yeas -- 20.
Nays -- None.
Excused -- Schneider.
Assembly Bill No. 466 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 512.
Bill read third time.
Roll call on Assembly Bill No. 512:
Yeas -- 20.
Nays -- None.
Excused -- Schneider.
Assembly Bill No. 512 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 521.
Bill read third time.
Remarks by Senators Townsend and James.
Conflict of interest declared by Senator James.
Roll call on Assembly Bill No. 521:
Yeas -- 17.
Nays -- None.
Not voting -- Coffin, James, Raggio - 3.
Excused -- Schneider.
Assembly Bill No. 521 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 524.
Bill read third time.
Roll call on Assembly Bill No. 524:
Yeas -- 20.
Nays -- None.
Excused -- Schneider.
Assembly Bill No. 524 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 634.
Bill read third time.
Remarks by Senators Rawson, Adler, Neal and Raggio.
Roll call on Assembly Bill No. 634:
Yeas -- 20.
Nays -- None.
Excused -- Schneider.
Assembly Bill No. 634 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 644.
Bill read third time.
Roll call on Assembly Bill No. 644:
Yeas -- 20.
Nays -- None.
Excused -- Schneider.
Assembly Bill No. 644 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 664.
Bill read third time.
Roll call on Assembly Bill No. 664:
Yeas -- 20.
Nays -- None.
Excused -- Schneider.
Assembly Bill No. 664 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Sec. 2.250 Powers of city council: Rail transportation. The city council may:

1. License, regulate, establish or prohibit any means of transportation which has [a fixed guide or rail] fixed rails in, upon, over or under any public right of way.

2. Grant a franchise to any person, firm or corporation to operate any means of transportation in, upon, over or under the public rights of way and adjacent property.

3. Declare a nuisance and require the removal of the fixed [guides or] rails of any means of transportation in, upon, over or under any public right of way.

4. Subject to NRS 704.300, condemn rights of way for any public purpose across a right of way which is owned or otherwise controlled by any company which owns or operates any means of transportation.

5. Prescribe the length of time any public right of way may be obstructed by trains or similar means of conveyance standing on that right of way.

6. Require any company which owns or operates any means of transportation to provide protection against injuries to persons or property.

7. Require railroad companies to fence their tracks and to construct cattle guards and crossings and keep them in repair.

8. Compel any company which owns or operates any means of transportation to provide a means by which the drainage from the property which is adjacent to its right of way is not to be impaired.

9. Subject to NRS 704.300, compel any company which owns or operates any means of transportation to raise or lower its fixed [guides or] rails to conform to any grade which has been or will be established by the city, so that those [guides or] rails may be crossed over or under at any place on the public right of way.

Sec. 2.230 Powers of city council: Public transportation.

1. The city council may:

[1.] (a) License, regulate or prohibit the location, construction or installation of public transportation facilities , except a monorail, in any public right of way.

[2.] (b) Grant franchises to any person or corporation to operate public transportation facilities upon public rights of way and adjacent property.

[3.] (c) Declare a nuisance and require the removal of the public transportation facilities , except a monorail, in any public right of way.

[4.] (d) Condemn rights of way for any public purpose across any public transportation facility.

[5.] (e) Prescribe the length of time any public right of way may be obstructed by public transportation facilities operating thereon.

2. As used in this section, "monorail" means a system to transport passengers that is installed and operated on an exclusive fixed guideway. The term:

(a) Includes associated passenger stations, power propulsion systems, lots for parking motor vehicles, workshops and other land and structures.

(b) Does not include a system to transport passengers between two end points with no intermediate stops.

"An Act relating to mass transit; designating the department of transportation as the oversight agency on certain fixed guideway projects; authorizing a regional transportation commission to use certain methods of procurement for such a project and the rolling stock therefor; specifying that certain tax proceeds may be used to pay the cost of such projects; providing for the establishment of monorails in certain counties; and providing other matters properly relating thereto.".

"Summary--Makes various changes concerning mass transit. (BDR 32-1112)".

Senator O'Donnell moved that the Senate recess subject to the call of the Chair.
Motion carried.

Senate in recess at 5:18 p.m.

At 5:37 p.m.
President Hammargren presiding.
Quorum present.

Senator Regan moved to withdraw his motion to place Assembly Bill No. 333 on the Secretary's desk.
Remarks by Senator Regan.
Motion carried.

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

Randolph J. Townsend,

Chairman

Mr. President:
Your Committee on Finance, to which was referred Assembly Bill No. 401, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

William J. Raggio,

Chairman

Mr. President:
Your Committee on Finance, to which were referred Senate Bill No. 361; Assembly Bills Nos. 429, 642, 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 Transportation, to which was referred Assembly Bill No. 494, 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

Mr. President:
Your Committee on Transportation, to which was referred Senate Bill No. 444, 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

Sec. 10. NRS 179A.075 is hereby amended to read as follows:

179A.075

1. The central repository for Nevada records of criminal history is hereby created within the Nevada highway patrol division of the department.

2. Each agency of criminal justice and any other agency dealing with crime or delinquency of children shall:

(a) Collect and maintain records, reports and compilations of statistical data required by the department; and

(b) Submit the information collected to the central repository in the manner recommended by the advisory committee and approved by the director of the department.

3. Each agency of criminal justice shall submit the information relating to sexual offenses and other records of criminal history it collects, and any information in its possession relating to the genetic markers of the blood and the secretor status of the saliva of a person who is convicted of sexual assault or any other sexual offense, to the division in the manner prescribed by the director of the department. A report of disposition must be submitted to the division:

(a) Through an electronic network;

(b) On a medium of magnetic storage; or

(c) In the manner prescribed by the director of the department,

within 30 days after the date of disposition. If an agency has submitted a record regarding the arrest of a person who is later determined by the agency not to be the person who committed the particular crime, the agency shall, immediately upon making that determination, so notify the division. The division shall delete all references in the central repository relating to that particular arrest.

4. The division shall:

(a) Collect, maintain and arrange all information submitted to it relating to:

(1) Sexual offenses and other records of criminal history; and

(2) The genetic markers of the blood and the secretor status of the saliva of a person who is convicted of sexual assault or any other sexual offense.

(b) Use a record of the subject's fingerprints as the basis for any records maintained regarding him.

(c) Upon request during a state of emergency proclaimed pursuant to NRS 414.070, provide the information that is contained in the central repository to the state disaster identification team of the division of emergency management of the department of motor vehicles and public safety.

5. The division may:

(a) Disseminate any information which is contained in the central repository to any other agency of criminal justice;

(b) Enter into cooperative agreements with federal and state repositories to facilitate exchanges of such information; and

(c) Request of and receive from the Federal Bureau of Investigation information on the background and personal history of any person:

(1) Who has applied to any agency of the state or any political subdivision for a license which it has the power to grant or deny;

(2) With whom any agency of the state or any political subdivision intends to enter into a relationship of employment or a contract for personal services; [or]

(3) About whom any agency of the state or any political subdivision has a legitimate need to have accurate personal information for the protection of the agency or the persons within its jurisdiction [.] ; or

(4) For whom such information is required to be obtained pursuant to section 4 of this act.

6. The central repository shall:

(a) Collect and maintain records, reports and compilations of statistical data submitted by any agency pursuant to subsection 2.

(b) Tabulate and analyze all records, reports and compilations of statistical data received pursuant to this section.

(c) Disseminate to federal agencies engaged in the collection of statistical data relating to crime information which is contained in the central repository.

(d) Investigate the criminal history of any person who:

(1) Has applied to the superintendent of public instruction for a license;

(2) Has applied to a county school district for employment; or

(3) Is employed by a county school district,

and notify the superintendent of each county school district and the superintendent of public instruction if the investigation of the central repository indicates that the person has been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude.

(e) Upon discovery, notify the superintendent of each county school district by providing him with a list of all persons:

(1) Investigated pursuant to paragraph (d); or

(2) Employed by a county school district whose fingerprints were sent previously to the central repository for investigation,

who the central repository's records indicate have been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude since the central repository's initial investigation. The superintendent of each county school district shall determine whether further investigation or action by the district is appropriate.

(f) Investigate the criminal history of each person who submits fingerprints or has his fingerprints submitted pursuant to section 3 or 4 of this act.

(g) On or before July 1 of each year, prepare and present to the governor a printed annual report containing the statistical data relating to crime received during the preceding calendar year. Additional reports may be presented to the governor throughout the year regarding specific areas of crime if they are recommended by the advisory committee and approved by the director of the department.

[(g)] (h) Identify and review the collection and processing of statistical data relating to criminal justice and delinquency of children by any agency identified in subsection 2, and make recommendations for any necessary changes in the manner of collecting and processing statistical data by any such agency.

7. The central repository may:

(a) At the recommendation of the advisory committee and in the manner prescribed by the director of the department, disseminate compilations of statistical data and publish statistical reports relating to crime or delinquency of children.

(b) Charge a reasonable fee for any publication or special report it distributes relating to data collected pursuant to this section. The central repository may not collect such a fee from an agency of criminal justice, any other agency dealing with crime or delinquency of children which is required to submit information pursuant to subsection 2 or the state disaster identification team of the division of emergency management of the department of motor vehicles and public safety. All money collected pursuant to this paragraph must be used to pay for the cost of operating the central repository.

8. As used in this section, "advisory committee" means the committee established by the director of the department pursuant to NRS 179A.078.".

Senate Bill No. 444.
Bill read second time.
The following amendment was proposed by Senator O'Donnell:
Amendment No. 1131.
Amend section 1, page 1, line 2, by deleting:
"2, 3 and 4" and inserting:
"2 and 3".
Amend the bill as a whole by deleting sections 2 and 3, renumbering sec. 4 as sec. 3 and adding a new section designated sec. 2, following section 1, to read as follows:
"Sec. 2. 1. Each fully regulated carrier that advertises its services shall provide to the person who broadcasts, publishes, displays or distributes that advertisement the name, street address and telephone number of the natural person who requested the advertisement on behalf of the fully regulated carrier.
2. A person who broadcasts, publishes, displays or distributes the advertisement of a fully regulated carrier shall, within 3 days after he receives a written request from the commission, provide to the commission the name, street address and telephone number of the natural person who requested the advertisement if such information is readily available.".
Amend sec. 4, page 1, line 15, by deleting:
"section 3 of this act," and inserting "NRS 706.285,".
Amend sec. 4, page 2, by deleting line 3 and inserting:
"(a) Engage in advertising that violates the provisions of NRS 706.285; or".
Amend sec. 4, page 2, line 7, by deleting:
"section 3 of this act," and inserting "NRS 706.285,".
Amend the bill as a whole by renumbering sections 5 through 8 as sections 6 through 9 and adding new sections designated sections 4 and 5, following sec. 4, to read as follows:
"Sec. 4. NRS 706.013 is hereby amended to read as follows:
706.013"Advertise" means the commercial use of any medium, including, but not limited to, the radio or television, or a newspaper, magazine, directory, sign or other printed matter, by a common or contract motor carrier to bring the services of the carrier to the attention of members of the general public.
Sec. 5. NRS 706.442 is hereby amended to read as follows:
706.442Any person engaging in the intrastate transportation or storage of household goods shall comply with the following requirements:
1. A person requesting service must be provided with a written [, binding] estimate of the cost of providing the requested service [at least 1 business day before the date on which the service is to be provided, unless the request for service is not made in time to meet the requirement.] if the person requesting service requests such an estimate.
2. The charges assessed for the service rendered may not exceed the amount in the written estimate [,] by more than 10 percent of that amount, unless the customer requested services in addition to those included in the written estimate and agreed to pay additional charges [.] for those services.
3. If the person for whom service was provided pays any amount consistent with the provisions of subsection 2, the provider of service shall release immediately any household goods that were transported or stored to that person.
4. If a person requesting service alleges that any household goods were damaged or lost, the person that provided the service shall:
(a) Attempt to resolve the dispute; and
(b) Identify the carrier of his insurance and explain the procedures to file a claim.
5. The provider of service shall advise all persons for whom service is to be performed of their right to file a complaint with the commission and provide the address and telephone number of the nearest business office of the commission.
6. Any other terms and conditions which the commission may by regulation prescribe to protect the public.".
Amend sec. 5, page 2, lines 24 and 25, by deleting:
"2, 3 and 4 " and inserting:
"2 and 3".
Amend sec. 5, page 2, line 28, by deleting:
"2, 3 and 4 " and inserting:
"2 and 3".
Amend sec. 5, page 2, line 30, by deleting:
"2, 3 and 4 " and inserting:
"2 and 3".
Amend sec. 5, page 2, line 32, by deleting:
"2, 3 and 4 " and inserting:
"2 and 3".
Amend sec. 5, page 2, lines 39 and 40, by deleting:
"2, 3 and 4 " and inserting:
"2 and 3".
Amend sec. 6, page 3, line 35, by deleting "4 " and inserting "3".
Amend the title of the bill to read as follows:

"An Act relating to motor carriers; revising the provisions governing unlawful advertising by fully regulated carriers; limiting the circumstances under which a person who engages in the intrastate transportation or storage of household goods is required to provide a written estimate of the costs of providing those services; providing that the actual charges for providing those services may exceed the estimated amount by a certain percentage; and providing other matters properly relating thereto.".

Amend the summary of the bill to read as follows:

"Summary--Makes various changes to provisions governing regulation of certain motor carriers. (BDR 58-1755)".

Assembly Bill No. 262.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 1161.
Amend the bill as a whole by renumbering sec. 7 as sec. 8 and adding a new section, designated sec. 7, following sec. 6, to read as follows:
"Sec. 7. Section 1 of Assembly Bill No. 105 of this session is hereby amended to read as follows:

Section 1. Chapter 623 of NRS is hereby amended by adding thereto a new section to read as follows:

The board may, by regulation, require each architect, interior designer or residential designer who holds a certificate of registration pursuant to the provisions of this chapter to complete not more than 12 hours per year of continuing education as a condition to the renewal of his certificate.".

Assembly Bill No. 429.
Bill read second time.
The following amendment was proposed by the Committee on Finance.
Amendment No. 1124.
Amend section 1, page 2, line 24, by deleting "$290,000" and inserting "$319,000".
Amend section 1, page 2, line 40, after "4." by inserting:
"The Department may not use more than $29,000 of the money appropriated in subsection 1 for the cost of administering the provisions of this section.
5.".
Senator Rawson moved the adoption of the amendment.
Remarks by Senators Rawson and Neal.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.

Assembly Bill No. 494.
Bill read second time.
The following amendment was proposed by the Committee on Transportation
Amendment No. 1125.
Amend section 1, page 1, by deleting lines 11 through 17 and inserting:
"punished in accordance with the provisions of NRS 205.380.".
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. 642.
Bill read second time.
The following amendment was proposed by the Committee on Finance:
Amendment No. 1132.
Amend the bill as a whole by deleting section 1, renumbering sec. 2 as sec. 5 and adding new sections designated sections 1 through 4, following the enacting clause, to read as follows:
"Section 1 Chapter 213 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2, the division shall set a level of supervision for each probationer. At least once every 6 months, or more often if necessary, the division shall review the level of supervision of the probationer to determine whether a change in the level of supervision is necessary. The division shall specify in each review the reasons for maintaining or changing the level of supervision. If the division changes the level of supervision, the division shall notify the probationer of the change.
2. The provisions of subsection 1 are not applicable if:
(a) The level of supervision for the probationer is set by the court or by law; or
(b) The probationer is ordered to participate in a program of probation secured by a security bond pursuant to NRS 176.1851 to 176.18525, inclusive.
3. Except as otherwise provided in subsection 4, at least once every 6 months, or more often if necessary, the division shall review the level of supervision of a parolee to determine whether a change in the level of supervision is necessary. The division shall specify in each review the reasons for maintaining or changing the level of supervision. If the division changes the level of supervision, the division shall notify the parolee of the change.
4. The provisions of subsection 3 are not applicable if the level of supervision for the parolee is set by the board or by law.
Sec. 2 NRS 213.107 is hereby amended to read as follows:
213.107 As used in NRS 213.107 to 213.157, inclusive, and section 1 of Assembly Bill No. 240 of this session, and section 1 of this act, unless the context otherwise requires:
1. "Board" means the state board of parole commissioners.
2. "Chief " means the chief parole and probation officer.
3. "Division" means the division of parole and probation of the department of motor vehicles and public safety.
4. "Residential confinement" means the confinement of a person convicted of a crime to his place of residence under the terms and conditions established by the board.
5. "Sex offender" means any person who has been or is convicted of a sexual offense.
6. "Sexual offense" means:
(a) A violation of NRS 200.366, subsection 4 of NRS 200.400, NRS 200.710, 200.720, subsection 2 of NRS 200.730, NRS 201.180, paragraph (a) or subparagraph (2) of paragraph (b) of subsection 1 of NRS 201.195, NRS 201.230 or 201.450;
(b) An attempt to commit any offense listed in paragraph (a); or
(c) An act of murder in the first or second degree, kidnaping in the first or second degree, false imprisonment, burglary or invasion of the home if the act is determined to be sexually motivated at a hearing conducted pursuant to NRS 175.547.
7. "Standards" means the objective standards for granting or revoking parole or probation which are adopted by the board or the chief.
Sec. 3 NRS 213.1076 is hereby amended to read as follows:
213.1076 1. The division shall:
(a) Except as otherwise provided in this section, charge each parolee or probationer a fee to defray the cost of his supervision.
(b) Adopt by regulation a schedule of fees to defray the costs of supervision of a parolee or probationer. The regulation must provide for a monthly fee of at least [$12.] $30.
2. The chief may waive the fee to defray the cost of supervision, in whole or in part, if he determines that payment of the fee would create an economic hardship on the parolee or probationer.
3. Unless waived pursuant to subsection 2, the payment by a parolee or probationer of a fee charged pursuant to subsection 1 is a condition of his parole or probation.
Sec. 4 NRS 213.1218 is hereby amended to read as follows:
213.1218 1. Before a person may be released on parole, he must submit to the division a signed document stating that:
[1.] (a) He will comply with the conditions of his parole; and
[2.] (b) If he fails to comply with the conditions of his parole and is taken into custody outside of this state, he waives all his rights relating to extradition proceedings.
2. The division shall contact each parolee in person or by telephone within 5 days after his release from prison. The chief may waive this requirement if he determines that such contact is not necessary.".
Amend the title of the bill to read as follows:

"An Act relating to the criminal justice system; requiring the division of parole and probation of the department of motor vehicles and public safety to set and to review periodically the level of supervision of certain parolees and probationers; increasing the fee that a parolee or probationer is required to pay to defray the cost of supervision; requiring the division to contact each parolee within 5 days after his release from prison; and providing other matters properly relating thereto.".

Amend the summary of the bill to read as follows:

"Summary--Makes various changes to provisions concerning parolees and probationers. (BDR 16-1836)".

Mr. President appointed Senators Rawson, O'Donnell and Coffin as a first Committee on Conference to meet with a like committee of the Assembly for the further consideration of Senate Bill No. 209.

Senator Raggio moved that the Senate adjourn until Friday, July 4, 1997 at 9:30 a.m.
Motion carried.

Senate adjourned at 6:10 p.m.

Approved:

Lonnie L. Hammargren, M.D.

President of the Senate

Attest: Janice L. Thomas
Secretary of the Senate