Carson City (Friday), July 4, 1997

Senate called to order at 11:34 a.m.
President Hammargren presiding.
Roll called.
All present.
Prayer by the Chaplain, The Reverend Bruce Gebbeken.
Dear Heavenly Father:
Yes, we are still here, and it's Independence Day. All about us in this great state, others are preparing to celebrate. There are picnics being prepared, and time with the family in celebration.
Yet, we are still here, Lord.
Help us today Father to bear our burdens for our great state, and give us a spirit of cooperation to see the task through. May You also be with our patient and waiting families, for it is in the Lord's name we pray.

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 Finance, to which were referred Senate Bill No. 200; Assembly Bill No. 602, 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. 492; Assembly Bills Nos. 35, 77, 343, 652, 654, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

William J. Raggio,

Chairman

Mr. President:
Your Committee on Human Resources and Facilities, to which was referred Assembly Bill No. 518, 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. 485, 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 Legislative Affairs and Operations, to which were referred Assembly Bills Nos. 123, 631, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Kathy Augustine,

Chairman

Mr. President:
Your Committee on Legislative Affairs and Operations, to which were referred Assembly Concurrent Resolutions Nos. 32, 44, has had the same under consideration, and begs leave to report the same back with the recommendation: Be adopted.

Kathy Augustine,

Chairman

Mr. President:
Your Committee on Taxation, to which were referred Assembly Bills Nos. 476, 611, 648, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Mike McGinness,

Chairman

Mr. President:
Your Committee on Transportation, to which were referred Assembly Bills Nos. 404, 442, 451, 472, 589, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

William R. O'Donnell,

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. 3, 35, 135, 229, 385, 403, 469, 476.
Also, I have the honor to inform your honorable body that the Assembly on this day amended, and passed, as amended, Senate Bills Nos. 233, 489, 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 Senate Joint Resolutions Nos. 3, 14 of the 68th Session.
Also, I have the honor to inform your honorable body that the Assembly on this day adopted Senate Concurrent Resolutions Nos. 10, 21, 53, 60.
Also, I have the honor to inform your honorable body that the Assembly on this day passed Assembly Bill No. 667.
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. 11, 74, 468, 517.
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. 148 and requests a conference, and appointed Assemblymen Herrera, Humke and Giunchigliani as a first Committee on Conference to meet with a like committee of the Senate.
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. 398 and requests a conference, and appointed Assemblymen de Braga, Neighbors and Carpenter as a first Committee on Conference to meet with a like committee of the Senate.

Jacqueline Sneddon

Assistant Chief Clerk of the Assembly

Assembly Chamber, Carson City, July 4, 1997

To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day appointed Assemblymen de Braga, Carpenter and Sandoval as a first Committee on Conference concerning Assembly Bill No. 470.

Jacqueline Sneddon

Assistant Chief Clerk of the Assembly

Assembly Concurrent Resolution No. 44.
Senator Augustine moved the adoption of the resolution.
Remarks by Senator Augustine.
Resolution adopted.

Sec. 3. The state controller shall provide for the payment of claims legally obligated in each fiscal year on behalf of the division of state parks of the state department of conservation and natural resources for the purposes set forth [in] :

1. In paragraphs (b) and (e) of subsection 1 and subsections 2 and 3 of section 2 of this act until the last Friday of [the] August immediately following the end of fiscal year 1996-97 [.] ; and

2. In paragraphs (a), (c), (d), (f) and (g) of subsection 1 of section 2 of this act until the last Friday of August immediately following the end of fiscal year 1998-99.

Sec. 5. Any remaining balance of the appropriations made by section 2 of this act :

1. For use as provided in paragraphs (b) and (e) of subsection 1 and subsections 2 and 3 of that section, must not be committed for expenditure after June 30, 1997, and reverts to the state general fund as soon as all payments of money committed have been made.

2. For use as provided in paragraphs (a), (c), (d), (f) and (g) of subsection 1 of that section, must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.

"An Act relating to recreation; making an appropriation to the Division of State Parks of the State Department of Conservation and Natural Resources for park improvement projects; extending the period of authorized expenditure for certain money previously appropriated for park facilities; and providing other matters properly relating thereto.".

Assembly Bill No. 602.
Bill read second time.
The following amendment was proposed by the Committee on Finance:
Amendment No. 1167.
Amend the bill as a whole by renumbering sections 4 through 6 as sections 6 through 8 and adding new sections designated sections 4 and 5, following sec. 3, to read as follows:
"Sec. 4. 1. There is hereby appropriated from the state general fund to the Division of Forestry of the State Department of Conservation and Natural Resources the sum of $6,894 for personal equipment for the personnel of the Division.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 5. For the fiscal year 1996-1997, the Director of the Department of Administration may loan an amount not to exceed $1,250,000 from the state general fund to the budget account for fire suppression and emergency response of the Division of Forestry of the State Department of Conservation and Natural Resources. The loan must be repaid as reimbursements are received by the Division of Forestry from the Federal Government for services provided by the Division, but not later than August 27, 1999.".
Amend sec. 6, page 2, by deleting lines 23 and 24 and inserting:
"Sec. 8. This act becomes effective on June 30, 1997.".
Amend the title of the bill by deleting the fourth and fifth lines and inserting:
"specifying its use; making appropriations for new and replacement equipment, for the replacement of a certain hanger door at the Minden airport and for personal equipment; authorizing the Director of the Department of Administration to make a loan from the state general fund to the budget account for fire suppression and emergency response of the Division of Forestry; and providing".
Senator Raggio moved the adoption of the amendment.
Remarks by Senator Raggio.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.

Assembly Bill No. 35.
Bill read third time.
Roll call on Assembly Bill No. 35:
Yeas -- 20.
Nays -- O'Connell.
Assembly Bill No. 35 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 77.
Bill read third time.
Roll call on Assembly Bill No. 77:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 77 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 123.
Bill read third time.
Roll call on Assembly Bill No. 123:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 123 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 343.
Bill read third time.
Remarks by Senators Raggio and Augustine.
Roll call on Assembly Bill No. 343:
Yeas -- 20.
Nays -- O'Connell.
Assembly Bill No. 343 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 404.
Bill read third time.
Roll call on Assembly Bill No. 404:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 404 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 442.
Bill read third time.
Roll call on Assembly Bill No. 442:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 442 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 451.

Bill read third time.
Remarks by Senators Raggio, Augustine and O'Donnell .
Senator Raggio moved that Assembly Bill No. 451 be taken from the General File and placed on the Secretary's desk.
Motion carried.

Assembly Bill No. 472.
Bill read third time.
Remarks by Senators O'Donnell and Augustine.
Roll call on Assembly Bill No. 472:
Yeas -- 19.
Nays -- Washington.
Not voting -- Townsend.
Assembly Bill No. 472 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

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

Assembly Bill No. 485.
Bill read third time.
Roll call on Assembly Bill No. 485:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 485 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 518.
Bill read third time.
Roll call on Assembly Bill No. 518:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 518 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 589.
Bill read third time.
Roll call on Assembly Bill No. 589:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 589 having received a two-thirds majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 609.
Bill read third time.
Remarks by Senators Porter and Washington.
Conflict of interest declared by Senators Coffin, Porter and Washington.
Roll call on Assembly Bill No. 609.
Yeas--18.
Nays--None.
Not voting--Coffin, Porter, Washington--3.
Assembly Bill No. 609 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 611.
Bill read third time.
Remarks by Senators Neal, McGinness, Augustine, Titus, Coffin and Rawson.
Roll call on Assembly Bill No. 611:
Yeas -- 16.
Nays -- Adler, Augustine, Mathews, Neal, Titus - 5.
Assembly Bill No. 611 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 631.
Bill read third time.
Roll call on Assembly Bill No. 631:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 631 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 648.
Bill read third time.
Remarks by Senators Neal and McGinness.
Roll call on Assembly Bill No. 648:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 648 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 652.
Bill read third time.
Roll call on Assembly Bill No. 652:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 652 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 654.
Bill read third time.
Roll call on Assembly Bill No. 654:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 654 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Senate Bill No. 58.
The following Assembly amendment was read:
Amendment No. 982.
Amend section 1, page 2, by deleting lines 19 through 27 and inserting:
"7. Terminate or refuse to approve a transfer of a franchise for a dealership, or honor the right of succession set forth in a franchise agreement or refuse to approve the transfer of a controlling interest in a dealership because the dealer has, before October 1, 1997, established an additional franchise to sell or service another line or make of new vehicles in the same facility as the existing dealership.
8. Prevent a dealer from establishing, on or after October 1, 1997, an additional franchise to sell or service another line or make of new vehicles in the same facility as the existing dealership if the dealer:
(a) Submits a written request for approval of the additional franchise to the manufacturer, distributor or factory branch of the existing dealership;
(b) Complies with the reasonable requirements for approval set forth in the franchise agreement of the existing dealership; and
(c) Obtains the approval of the manufacturer, distributor or factory branch of the existing dealership.
The manufacturer, distributor or factory branch shall notify the dealer in writing of its decision to approve or deny the request within 90 days after receipt of the request. The manufacturer, distributor or factory branch shall not unreasonably withhold its approval.".
Amend the title of the bill to read as follows:

"An Act relating to motor vehicles; making it an unfair act or practice for a motor vehicle manufacturer, distributor or factory branch to prevent a dealer from selling or servicing another line or make of new vehicles under certain circumstances; and providing other matters properly relating thereto.".

Senate Bill No. 325.
The following Assembly amendment was read:
Amendment No. 1034.
Amend the bill as a whole by deleting sections 78 and 79 and inserting:
"Secs. 78 and 79. (Deleted by amendment.)".
Amend sec. 92, page 44, line 19, before "guilty or " by inserting "nolo contendere,".
Amend sec. 100, page 67, line 32, by deleting "78, 79,".
Amend the title of the bill by deleting the eleventh and twelfth lines and inserting:
"probation and parole be imposed upon certain sex offenders; expanding the provisions".
Senator James moved that the Senate concur in the Assembly amendment to Senate Bill No. 325.
Remarks by Senator James.
Motion carried.
Bill ordered enrolled.

Senate Bill No. 341.
The following Assembly amendment was read:
Amendment No. 854.
Amend section 1, page 1, line 10, after "place" by inserting:
"clearly visible to the general public".
Amend the bill as a whole by adding a new section designated sec. 5.5, following sec. 5, to read as follows:
"Sec. 5.5. NRS 487.070 is hereby amended to read as follows:
487.070 1. The department may approve or reject the application and, if approved, shall issue to the applicant:
(a) A license containing the applicant's name and address, the name under which the business is to be conducted, the business address, and a distinguishing number assigned to the applicant.
(b) A card which:
(1) Contains the information specified in paragraph (a);
(2) Includes a picture of the licensee; and
(3) Clearly identifies the holder of the card as a licensed automobile wrecker.
2. A licensee may obtain one or two cards for his business. The department shall charge a fee of $50 for each card issued. Fees collected by the department pursuant to this subsection must be deposited with the state treasurer to the credit of the account for regulation of salvage pools, automobile wreckers and body shops.
3. A licensee shall post the license in a conspicuous place clearly visible to the general public at the business address set forth on the license.
4. A license expires on April 30 of each year.
[4.] 5. A licensee may renew his license by submitting to the department:
(a) A completed application for renewal upon a form supplied by the department; and
(b) The fee for renewal of a license provided in NRS 487.080.".
Amend the bill as a whole by adding a new section designated sec. 6.5, following sec. 6, to read as follows:
"Sec. 6.5. NRS 487.430 is hereby amended to read as follows:
487.430 1. The department may approve or reject the application for a license to operate a salvage pool and, if approved, shall issue to the applicant a license containing the applicant's name and address, the name under which the business is to be conducted, the business address, and a distinguishing number assigned to the applicant.
2. A licensee shall post the license in a conspicuous place clearly visible to the general public at the business address set forth on the license.
3. A license expires on April 30 of each year.
[3.] 4. A licensee may renew his license by submitting to the department:
(a) A completed application for renewal upon a form supplied by the department; and
(b) The fee for renewal of a license provided in NRS 487.450.".
Amend the bill as a whole by adding a new section designated sec. 8.5, following sec. 8, to read as follows:
"Sec. 8.5. NRS 487.630 is hereby amended to read as follows:
487.630 1. An application for a license to operate a body shop must be filed with the department upon forms supplied by the department. The application must be accompanied by such proof as the department requires to evidence that the applicant meets the statutory requirements to become an operator of a body shop.
2. The department shall charge a fee of $300 for the issuance or renewal of a license to operate a body shop. Fees collected by the department pursuant to this subsection must be deposited with the state treasurer to the credit of the account for regulation of salvage pools, automobile wreckers and body shops.
3. Upon receipt of the application and when satisfied that the applicant is entitled thereto, the department shall issue to the applicant a license to operate a body shop. The license must contain the name and the address of the body shop and the name of the operator.
4. Upon receipt of the license, the operator shall [display] post the license [number prominently] in a conspicuous place clearly visible to the general public in the body shop and include the license number on all estimates and invoices for repairs.
5. A license expires on April 30 of each year.
6. A licensee may renew his license by submitting to the department:
(a) A completed application for renewal upon a form supplied by the department; and
(b) The fee for renewal of a license provided in subsection 2.".
Amend the bill as a whole by adding a new section designated sec. 11, following sec. 10, to read as follows:
"Sec. 11. Sections 5.5, 6.5 and 8.5 of this act become effective at 12:01 a.m. on October 1, 1997.".
Amend the title of the bill, first line, by deleting "signs" and inserting:
"the display of signs and licenses".
Amend the summary of the bill, first line, by deleting "signs" and inserting:
"display of signs and licenses".
Senator O'Donnell moved that the Senate concur in the Assembly amendment to Senate Bill No. 341.
Remarks by Senator O'Donnell.
Motion carried.
Bill ordered enrolled.

Senate Bill No. 452.
The following Assembly amendment was read:
Amendment No. 1105.
Amend the bill as a whole by deleting sec. 6 and renumbering sec. 7 as sec. 6.
Amend the title of the bill by deleting the third and fourth lines and inserting:
"use of liquefied petroleum gas and compressed natural gas; and".
Senator McGinness moved that the Senate concur in the Assembly amendment to Senate Bill No. 452.
Remarks by Senator McGinness.
Motion carried.
Bill ordered enrolled.

Senate Bill No. 331.
The following Assembly amendment was read:
Amendment No. 1032.
Amend the bill as a whole by adding a preamble, immediately preceding the enacting clause, to read as follows:
"Whereas, The framers of the United States Constitution and the constitution of the State of Nevada, recognizing that participation by citizens in government is an inalienable right which is essential to the survival of democracy, secured its protection by giving the people the right to petition the government for redress of grievances in the First Amendment to the United States Constitution and in section 10 of article 1 of the constitution of the State of Nevada; and
Whereas, The communications, information, opinions, reports, testimony, claims and argument provided by citizens to their government are essential to wise governmental decisions and public policy, the public health, safety and welfare, effective law enforcement, the efficient operation of governmental programs, the credibility and trust afforded government and the continuation of our representative form of government; and
Whereas, Civil actions are being filed against many citizens, businesses and organizations based on their valid exercise of their right to petition; and
Whereas, Such lawsuits, called "Strategic Lawsuits Against Public Participation," or "SLAPPs," are typically dismissed, but often not before the defendant is put to great expense, harassment and interruption of their productive activities; and
Whereas, The number of SLAPPs has increased significantly over the past 30 years; and
Whereas, SLAPPs are an abuse of the judicial process in that they are used to censor, chill, intimidate or punish persons for involving themselves in public affairs; and
Whereas, The threat of financial liability, litigation costs and other personal losses from groundless civil actions seriously affects governmental, commercial and individual rights by significantly diminishing public participation in government, in public issues and in voluntary service; and
Whereas, Although courts have recognized and discouraged SLAPPs, protection of this important right has not been uniform or comprehensive; and
Whereas, It is essential to our form of government that the constitutional rights of citizens to participate fully in the process of government be protected and encouraged; now, therefore,".
Amend sec. 3, page 1, by deleting lines 7 through 11 and inserting:
"Sec. 3. "Good faith communication" means any:
1. Communication that is aimed at procuring any governmental or electoral action, result or outcome;
2. Communication of information or a complaint to a legislator, officer or employee of the Federal Government, this state or a political subdivision of this state, regarding a matter reasonably of concern to the respective governmental entity; or
3. Written or oral communication made in direct connection with an issue under consideration by a legislative, executive or judicial body, or any other official proceeding authorized by law,
which is made to further the right of the person making the communication to free speech or to petition and which is truthful or is made without knowledge of its falsehood.".
Amend sec. 5, page 1 by deleting line 16 and inserting:
"41.650 A person who [in] makes a good faith [communicates a complaint or".
Amend sec. 5, pages 1 and 2, by deleting line 20 on page 1 and lines 1 and 2 on page 2 and inserting:
"governmental entity] communication is immune from civil liability on [claims] a claim based upon the communication.".
Amend sec. 6, page 2, by deleting lines 4 through 15 and inserting:
"41.660 [In any civil action brought against a person who in good faith communicated a complaint or information to a legislator, officer or employee of this state or of a political subdivision regarding a matter reasonably of concern to the respective governmental entity, the]
1. If an action is brought against a person based upon a good faith communication:
(a) The person against whom the action is brought may file a special motion to dismiss; and
(b) The attorney general or [other legal representative of the state or the legal representative of] the chief legal officer or attorney of a political subdivision [may provide for the defense of the action on behalf] of this state may defend or otherwise support the person [who communicated the complaint or information.] against whom the action is brought. If the [legal representative of a political subdivision does not provide for the defense of such an action relating to a communication to a legislator, officer or employee of the political subdivision, the] attorney general [may provide for the defense of the action.] or the chief legal officer or attorney of a political subdivision has a conflict of interest in, or is otherwise disqualified from, defending or otherwise supporting the person, the attorney general or the chief legal officer or attorney of a political subdivision may employ special counsel to defend or otherwise support the person.
2. A special motion to dismiss must be filed within 60 days after service of the complaint, which period may be extended by the court for good cause shown.
3. If a special motion to dismiss is filed pursuant to subsection 2, the court shall:
(a) Treat the motion as a motion for summary judgment;
(b) Stay discovery pending:
(1) A ruling by the court on the motion; and
(2) The disposition of any appeal from the ruling on the motion; and
(c) Rule on the motion within 30 days after the motion is filed.
4. If the court dismisses the action pursuant to a special motion to dismiss, the dismissal operates as an adjudication upon the merits.".

Amend sec. 7, page 2, line 17, by inserting an open bracket before "1.".

"An Act relating to actions concerning persons; revising provisions governing the immunity granted to a person who makes certain communications concerning certain matters related to government; and providing other matters properly relating thereto.".

"Summary--Revises provisions governing immunity granted to person who makes certain communications concerning certain matters related to government. (BDR 3-219)".

Senator O'Donnell moved that the vote whereby Senate Bill No. 137 was passed be rescinded.
Remarks by Senator O'Donnell.
Motion carried.

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

Senate in recess at 12:50 p.m.

At 1:01 p.m.
President Hammargren presiding.
Quorum present.

Senate Bill No. 397.
Bill read third time.
Remarks by Senators McGinness, Neal, James and Raggio.
Senators Raggio, Jacobsen and Adler moved the previous question.
Motion carried.
The question being on the passage of Senate Bill No. 397.
Roll call on Senate Bill No. 397:
Yeas -- 11.
Nays -- Adler, Coffin, Mathews, Neal, Rawson, Regan, Schneider, Shaffer, Titus, Wiener - 10.
Senate Bill No. 397 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Senate Bill No. 444.
Bill read third time.
Remarks by Senator O'Donnell.
Roll call on Senate Bill No. 444:
Yeas -- 21.
Nays -- None.
Senate Bill No. 444 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Senate Bill No. 137.
Bill read third time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 1123.
Amend sec. 2, page 2, by deleting line 9 and inserting:
"1. Except as otherwise provided in subsection 3, a person driving a motor vehicle during the hours of daylight at a speed in excess of the speed ".
Amend sec. 2, page 2, between lines 20 and 21, by inserting:
"3. The provisions of this section do not apply to a violation specified in subsection 1 that occurs in a county whose population is 100,000 or more.".
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. 170.
Bill read third time.
Roll call on Assembly Bill No. 170:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 170 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 191.
Bill read third time.
Remarks by Senator Rawson.
Roll call on Assembly Bill No. 191:
Yeas -- 19.
Nays -- O'Connell, Rhoads - 2.
Assembly Bill No. 191 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 262.
Bill read third time.
Roll call on Assembly Bill No. 262:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 262 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 333.
Bill read third time.
Remarks by Senators Regan, O'Donnell and Porter.
Senator Regan requested that the following remarks be entered in the Journal.
(The remarks will be in a reprint of the Senate Journal.)

Roll call on Assembly Bill No. 333:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 333 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 345.
Bill read third time.
Roll call on Assembly Bill No. 345:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 345 having received a two-thirds majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 375.
Bill read third time.
The following amendment was proposed by Senator Rawson:
Amendment No. 1177.
Amend sec. 3, page 1, by deleting lines 11 through 13 and inserting:
"1. The right not to be admitted to the facility under false pretenses or as a result of any improper, unethical or unlawful ".
Amend sec. 3, page 2, line 1, by deleting "To" and inserting:
"The right to".
Amend sec. 4, page 2, line 6, before "Each" by inserting "1.".
Amend sec. 4, page 2, line 11, by deleting "1." and inserting "(a)".
Amend sec. 4, page 2, line 14, by deleting "(a)" and inserting "(1)".
Amend sec. 4, page 2, line 16, by deleting "(b)" and inserting "(2)".
Amend sec. 4, page 2, line 18, by deleting "2." and inserting "(b)".
Amend sec. 4, page 2, line 20, by deleting "3." and inserting "(c)".
Amend sec. 4, page 2, between lines 21 and 22, by inserting:
"2. If the results of an evaluation conducted by a psychiatrist or psychologist pursuant to subsection 1 conflicts in any manner with the results of an evaluation conducted by the facility, the facility may request and receive a third evaluation of the client to resolve the conflicting portions of the previous evaluations.".
Amend sec. 13, page 4, line 19, by deleting "24 " and inserting "48".
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. 394.
Bill read third time.
Conflict of interest declared by Senators Coffin and Raggio.
Roll call on Assembly Bill No. 394:
Yeas -- 17.
Nays -- McGinness, O'Connell - 2.
Not voting -- Coffin, Raggio - 2.
Assembly Bill No. 394 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 401.
Bill read third time.
Remarks by Senators Titus, Washington and Neal.
Senator Titus requested that the following remarks be entered in the Journal.
Senator Titus:
Thank you, Mr. President. I stand in support of this welfare reform measure which brings the state into compliance with the federal Personal Responsibility and Work Opportunity Act of 1996. The modification of the current welfare system is a continuation of policy we started last session. The actions we took in 1995, at the direction of Governor Miller, changed the emphasis of welfare from eligibility to employability. As a result, during the interim we have found jobs for some 3,000 people formerly on public assistance; we have reduced the welfare caseload by 32 percent; and we have collected $164 million in child support.
Continuing along this same path, the bill before us today imposes 2 year limits on benefits with a 5 year lifetime limit. It requires personal responsibility plans, provides for drug and alcohol testing of recipients, establishes procedures for determining paternity to make fathers responsible for children, enhances child support collection and increases child care by 63 percent. This represents a major overhaul of the state's welfare system after 30 years and I urge your support.
Senator Washington:
Thank you, Mr. President. I also stand in support of Assembly Bill No. 401. Without going into detail, this bill was amended to change the name to reflect Nevada's Personal Responsibility and Self Sufficiency Act of 1997. It is not so important to me that the name is changed, but it is important that those who worked on the bill with me last session, this session and during the interim get recognized and are appreciated. This tribute is to the staff of the Research Division of the Legislative Counsel Bureau, to my staff and to my colleagues in this house who believed in me and in my concepts.
Mr. President, it is also important that I note most of the concepts and provisions in this bill are a reflection of measures we tried to pass last session. Therefore, we are not in disagreement with the Governor concerning A.B. 401. It is also to be noted that, during last session, we took on great abuses being called punitive and abusive to women and children. This session, the bill before you reflects some of the concepts and ideas that were contained in S.B. 428.
The last thing I would like to say is that my wife and myself were maligned in the media concerning our nephew. With passage of this bill, it will close one chapter in our lives and begin another chapter. Today, I would like to announce that this week my wife and I received notice from the court that we are now legal guardians of our nephew, Dennis. So, the passage of this bill, along with the court's approval of our guardianship, will close this chapter in our lives and begin another one. And, I look forward to the challenge. Thank you.
Senator Neal:
Thank you, Mr. President. I am going to vote for this bill, A.B. 401, only because it includes the amendments that dealt with the job developers. If that had not been included, you were going to hear one hell of a speech today on this measure.
Roll call on Assembly Bill No. 401:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 401 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 429.
Bill read third time.
Roll call on Assembly Bill No. 429:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 429 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 471.
Bill read third time.
Remarks by Senators Raggio and Rawson.
Conflict of interest declared by Senators Raggio and Rawson.
Roll call on Assembly Bill No. 471:
Yeas -- 19.
Nays -- None.
Not voting -- Raggio, Rawson - 2.
Assembly Bill No. 471 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 494.
Bill read third time.
Roll call on Assembly Bill No. 494:
Yeas -- 20.
Nays -- None.
Not voting -- Townsend.
Assembly Bill No. 494 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 525.
Bill read third time.
Remarks by Senator Augustine.
Senator Augustine requested that her remarks be entered in the Journal.
Thank you, Mr. President. I want to state, for the record, why I will be voting against Assembly Bill No. 525 today. This bill includes a study to arrive at a formula for the distribution of gas tax to counties and will also require standard definitions for the inventory of roads and highways. However, yesterday this body adopted, Senate Concurrent Resolution No. 53 which created an interim highway study to look at devolution and some transportation overhead costs. I think we have a duplication of efforts here. I have spoken to the Chairman of the Taxation Committee about this, but because of the late date in the session, the bill will not be amended even though there is a duplication of effort.
Roll call on Assembly Bill No. 525:
Yeas -- 19.
Nays -- Adler, Augustine - 2.
Assembly Bill No. 525 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 574.
Bill read third time.
Roll call on Assembly Bill No. 574:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 574 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 642.
Bill read third time.
Remarks by Senators O'Connell and Raggio.
Roll call on Assembly Bill No. 642:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 642 having received a two-thirds majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Randolph J. Townsend,

Chairman

Mr. President:
Your Committee on Taxation, to which were referred Assembly Bills Nos. 536, 613, 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

"An Act relating to financial services; requiring the registration of persons who provide check-cashing and deferred deposit services; requiring the commissioner of financial institutions to adopt regulations governing those persons; providing a penalty; and providing other".

"Summary--Requires registration of persons who provide check-cashing and deferred deposit services. (BDR 52-1322)".

Assembly Bill No. 536.
Bill read second time.
The following amendment was proposed by the Committee on Taxation:
Amendment No. 1182.
Amend section 1, page 1, by deleting lines 14 through 16 and inserting:
"(h) All boats;
(i) Slide-in campers and camper shells; [and]
(j) Computers and related equipment donated for use in schools in this state [.] ; and
(k) Fine art for public display.".
Amend section 1, page 1, line 17, by deleting "(j)" and inserting "(k)".
Amend section 1, page 1, line 21, by deleting "and ".
Amend section 1, page 2, line 3, by deleting "claimed." and inserting:
"claimed; and
(c) Will be available for educational purposes.".
Amend section 1, page 2, line 13, by deleting "and ".
Amend section 1, page 2, line 16, by deleting "claimed." and inserting:
"claimed; and
(4) Is available for educational purposes.".
Amend sec. 2, page 2, line 29, by deleting "and ".
Amend sec. 2, page 2, by deleting line 33 and inserting:
"purchased; and
(d) Will be available for educational purposes.".
Amend sec. 3, page 2, by deleting line 34 and inserting:
"Sec. 3. 1. This section and section 2 of this act become effective on July 1, 1997.
2. Section 1 of this act becomes effective at 12:01 a.m. on July 1, 1997.".
Senator Regan moved the adoption of the amendment.
Remarks by Senator Regan.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.

Assembly Bill No. 578.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 1169.
Amend sec. 3, page 2, line 5, by deleting "revoke" and inserting "nullify".
Amend sec. 3, page 2, line 11, by deleting "revoked." and inserting "nullified.".
Amend sec. 22.2, page 18, line 30, by deleting "underlying".
Amend sec. 22.2, page 18, line 31, after "your" by inserting "underlying".
Amend sec. 26, page 23, line 8, by deleting "agent," and inserting "officer,".
Amend the bill as a whole by adding a new section designated sec. 36.5, following sec. 36, to read as follows:
"Sec. 36.5. A person who is licensed on October 1, 1997, as an agent, broker or solicitor pursuant to NRS 683A.130, an adjuster pursuant to NRS 684A.070, an agent pursuant to NRS 689.235 or 689.520, an escrow officer pursuant to NRS 692A.103, or a bail agent pursuant to NRS 697.150 is entitled to renew his license after that date if he is otherwise qualified to be issued such a license and he has not, on or after October 1, 1997, been convicted of, or entered a plea of guilty or nolo contendere to, forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud or any crime involving moral turpitude.".
Senator Townsend moved the adoption of the amendment.
Conflict of interest declared by Senator Porter.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.

Assembly Bill No. 613.
Bill read second time.
The following amendment was proposed by the Committee on Taxation:
Amendment No. 1183.
Amend sec. 6, page 4, by deleting lines 6 through 12 and inserting:
"previous offense, guilty of a category D felony and shall be punished as provided in NRS 193.130.".
Senator McGinness moved the adoption of the amendment.
Remarks by Senator McGinness.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.

Sec. 3. 1. Each employer shall ensure that:

(a) A certificate [issued by the system pursuant to NRS 616B.200;] of insurance provided pursuant to section 2 of this act;

(b) A certificate issued by the commissioner pursuant to NRS 616B.312; or

(c) A certificate issued to an association of self-insured public or private employers by the commissioner pursuant to NRS 616B.359 and a certificate or letter issued by such an association verifying that the employer is a member in good standing of the association,

is posted in a conspicuous location at each of the employer's places of business, including, without limitation, each location at which the employer has directed one or more employees to perform work.

2. An employer who violates the provisions of subsection 1 is guilty of a misdemeanor.

Sec. 18. NRS 616D.200 is hereby amended to read as follows:

616D.200 1. If the manager finds that an employer within the provisions of NRS 616B.633 has failed to provide and secure compensation as required by the terms of chapters 616A to 616D, inclusive, of NRS or that the employer has provided and secured that compensation but has failed to maintain it, he shall make a determination thereon and may charge the employer an amount equal to the sum of:

(a) The premiums that would otherwise have been owed to the system pursuant to the terms of chapters 616A to 616D, inclusive, of NRS for the period that the employer was doing business in this state without providing, securing or maintaining that compensation, but not to exceed 6 years;

(b) The actual costs incurred by the system in reinstating the policy, but not to exceed 10 percent of the premiums owed by the employer; and

(c) Interest at a rate determined pursuant to NRS 17.130 computed from the time that the premiums should have been paid.

2. The manager shall mail a copy of his determination to the employer. An employer who is aggrieved by the manager's determination may appeal from the determination pursuant to subsection 2 of NRS 616D.220.

3. Any employer within the provisions of NRS 616B.633 who fails to provide, secure or maintain compensation as required by the terms of chapters 616A to 616D, inclusive, of NRS, is:

(a) For the first offense, guilty of a misdemeanor.

(b) For a second or subsequent offense committed within 7 years after the previous offense, guilty of a category D felony [, punishable by imprisonment in the state prison for a definite term of not less than 1 year nor more than 5 years or by a fine of not more than $10,000, or by both fine and imprisonment. A person who is sentenced to imprisonment becomes eligible for parole when he has served one-third of the definite term for which he has been sentenced, less any credit earned to reduce his sentence pursuant to chapter 209 of NRS.] and shall be punished as provided in NRS 193.130.

Any criminal penalty imposed must be in addition to the amount charged pursuant to subsection 1.".

Sec. 20. Section 104 of chapter 580, Statutes of Nevada 1995, at page 2032, is hereby amended to read as follows:

Sec. 104. NRS 616D.200 is hereby amended to read as follows:

616D.200 1. If the [manager] administrator finds that an employer within the provisions of NRS 616B.633:

(a) Has failed to provide and secure compensation as required by the terms of this chapter; or

(b) Has provided and secured such compensation but has failed to maintain that compensation,

he shall make a determination thereon based on any information that is within his possession or that may come within his possession and may charge the employer an amount of not more than three times the premiums that would otherwise have been owed to the system if he had been insured by the system pursuant to the terms of this chapter for the period that the employer was doing business in this state without providing, securing or maintaining that compensation, but not to exceed 6 years. Any money collected by the administrator pursuant to this subsection must be deposited into the uninsured employers' claim fund.

2. [The manager shall mail a copy of his determination to the employer.] If the manager is not satisfied with the amount of a premium required to be paid to the system by any person, he may compute and determine the amount required to be paid on the basis of any information within his possession or which may come into his possession. One or more determinations of a deficiency may be made of the amount due for one or more periods.

3. Except for a determination made pursuant to subsection 1, a notice of a determination of a deficiency issued by the manager must be served personally or mailed within 3 years after the last day of the calendar month following the period for which the amount that is proposed to be determined is due. An employer who is aggrieved by [the manager's] a determination made pursuant to this section or NRS 360.300 may appeal from the determination pursuant to subsection 2 of NRS 616D.220.

[3.] 4. Any employer within the provisions of NRS 616B.633 who fails to provide, secure or maintain compensation as required by the terms of this chapter, is:

(a) For the first offense, guilty of a gross misdemeanor.

(b) For a second or subsequent offense committed within 7 years after the previous offense, guilty of a category D felony and shall be punished as provided in NRS 193.130.

Any criminal penalty imposed must be in addition to the amount charged pursuant to subsection 1.

Sec. 104. NRS 616D.200 is hereby amended to read as follows:

616D.200 1. If the [manager] administrator finds that an employer within the provisions of NRS 616B.633 has failed to provide and secure compensation as required by the terms of this chapter, he shall make a determination thereon based on any information that is within his possession or that may come within his possession and charge the employer an amount [equal to] of not more than three times the premiums that would otherwise have been owed to the system if he had been insured by the system pursuant to the terms of this chapter for the period that the employer was doing business in this state without providing or securing compensation, but not to exceed 6 years. Any money collected by the administrator pursuant to this subsection must be deposited into the uninsured employers' claim fund.

2. [The manager shall mail a copy of his determination to the employer.] If the manager is not satisfied with the amount of a premium required to be paid to the system by any person, he may compute and determine the amount required to be paid on the basis of any information within his possession or which may come into his possession. One or more determinations of a deficiency may be made of the amount due for one or more periods.

3. Except for a determination made pursuant to subsection 1, a notice of a determination of a deficiency issued by the manager must be served personally or mailed within 3 years after the last day of the calendar month following the period for which the amount that is proposed to be determined is due. An employer who is aggrieved by [the manager's] a determination made pursuant to this section or NRS 360.300 may appeal from the determination pursuant to subsection 2 of NRS 616D.220.

[3.] 4. Any employer within the provisions of NRS 616B.633 who fails to provide and secure compensation as required by the terms of this chapter, is:

(a) For the first offense, guilty of a misdemeanor.

(b) For a second or subsequent offense committed within 7 years after the previous offense, guilty of a gross misdemeanor.

Any criminal penalty imposed must be in addition to the amount charged pursuant to subsection 1.".

Senate Bill No. 266.
The following Assembly amendment was read:
Amendment No. 1108.
Amend bill as a whole by deleting sections 1 through 3 and adding new sections designated sections 1 through 10, following the enacting clause, to read as follows:
"Section 1 Chapter 459 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2 1. Except as otherwise provided in this section and NRS 459.3814, the provisions of NRS 459.380 to 459.3874, inclusive, and this section apply to a regulated facility that produces, uses, stores or handles a highly hazardous substance in a quantity:
(a) Equal to or greater than the amount set forth in NRS 459.3816; or
(b) Less than the amount set forth in NRS 459.3816 if there are two or more releases from the regulated facility of the same or different highly hazardous substances during any 12-month period and:
(1) The release of the highly hazardous substances is reportable pursuant to 40 C.F.R. Part 302; or
(2) Each quantity released is equal to or greater than a maximum quantity allowable as established by regulation of the state environmental commission.
2. A regulated facility described in paragraph (b) of subsection 1 is exempt from complying with the provisions of NRS 459.380 to 459.3874, inclusive, and this section if:
(a) The division determines that the regulated facility has:
(1) Carried out the detailed plan to abate hazards recommended pursuant to subsection 8 of NRS 459.3852; and
(2) Complied with such other provisions of NRS 459.380 to 459.3874, inclusive, and this section, and the regulations adopted pursuant thereto, as the division requires; and
(b) The regulated facility obtains an exemption from the state environmental commission. The state environmental commission shall adopt by regulation the procedures for obtaining such an exemption.
3. As used in this section, "highly hazardous substance" means any substance designated as such in NRS 459.3816 or any regulations adopted pursuant thereto.
Sec. 3 1. The state department of conservation and natural resources may, in accordance with the authority granted to it pursuant to NRS 445B.205, apply for and accept any delegation of authority and any grant of money from the Federal Government for the purpose of establishing and carrying out a program to prevent and minimize the consequences of the accidental release of hazardous substances in accordance with the provisions of 42 U.S.C. § 7412(r).
2. The state environmental commission may adopt such regulations as it determines are necessary to establish and carry out such a program. The regulations must:
(a) Establish a list of hazardous substances and the quantities thereof that will be regulated pursuant to the program.
(b) Provide that the provisions of NRS 459.3824, 459.3826 and 459.3828 apply to all facilities regulated pursuant to the program.
(c) Provide that a person who violates any such regulation or the provisions of NRS 459.3824, 459.3826 or 459.3828 is, in addition to any penalty that may apply pursuant to section 4 of this act, subject to a civil administrative penalty not to exceed $10,000 per day of the violation, and that each day on which the violation continues constitutes a separate and distinct violation. Any penalty imposed pursuant to this paragraph may be recovered with costs in a summary proceeding by the attorney general.
3. The division of environmental protection of the state department of conservation and natural resources:
(a) Shall carry out and enforce the provisions of the program.
(b) May enter into cooperative agreements with other agencies of this state for the enforcement of specific provisions of the program.
4. The division of environmental protection of the state department of conservation and natural resources may compromise and settle any claim for any penalty under this section in such amount in the discretion of the division as may appear appropriate and equitable under all of the circumstances, including the posting of a performance bond by the violator. If a violator is subject to the imposition of more than one civil administrative penalty for the same violation, the division shall compromise and settle the claim for the penalty under this section in such amount as to avoid the duplication of penalties.
5. If a person violates any regulation adopted pursuant to subsection 2, or the provisions of NRS 459.3824, 459.3826 or 459.3828, the division of environmental protection of the state department of conservation and natural resources may institute a civil action in a court of competent jurisdiction for injunctive or any other appropriate relief to prohibit and prevent the violation and the court may proceed in the action in a summary manner.
Sec. 4 1. A person subject to the regulations adopted by the state department of conservation and natural resources pursuant to section 3 of this act shall not knowingly:
(a) Violate any such regulation or the provisions of NRS 459.3824, 459.3826 or 459.3828;
(b) Make any false material statement, representation or certification in any required form, notice or report; or
(c) Render inaccurate any required monitoring device or method.
2. A person who violates subsection 1 shall be punished by a fine of not more than $10,000 per day of the violation, and each day on which the violation continues constitutes a separate and distinct violation.
Sec. 5 NRS 459.3808 is hereby amended to read as follows:
459.3808 "Hazard" means a characteristic of a:
1. Highly hazardous substance designated as such in NRS 459.3816 [;] or any regulations adopted pursuant thereto;
2. System involving the use of such a highly hazardous substance;
3. Manufacturing plant using or producing a highly hazardous substance; or
4. Process relating to a highly hazardous substance,
which makes possible a chemical accident.
Sec. 6 NRS 459.3814 is hereby amended to read as follows:
459.3814 The provisions of NRS 459.380 to 459.3874, inclusive, and section 2 of this act do not apply to:
1. The transportation of any hazardous substances within or through this state which is regulated by the state or the United States Department of Transportation.
2. Any final use of anhydrous ammonia for an agricultural purpose, including storage of the substance on the premises of a farm.
3. Activities which are regulated pursuant to both 30 U.S.C. §§ 801 et seq. and 42 U.S.C. [§§ 7401 et seq.] § 7412(r).
Sec. 7 NRS 459.3816 is hereby amended to read as follows:
459.3816 1. The following substances are designated as highly hazardous, if present in the quantity designated after each substance or a greater quantity:

Number Assigned
by Chemical Quantity
Chemical Name of Substance Abstract Service (In pounds)

Acetaldehyde 75-07-0 2500
Acrolein (2-Propenal) 107-02-8 150
[Acrytyl] Acrylyl Chloride 814-68-6 250
Allyl Chloride 107-05-1 1000
Allylamine 107-11-9 1500
Alkylaluminums None 5000
Ammonia, Anhydrous 7664-41-7 5000
Ammonia solutions (44% ammonia by weight) 7664-41-7 10000
Ammonium Perchlorate 7790-98-9 7500
Ammonium Permanganate 7787-36-2 7500
Arsine (also called Arsenic Hydride) 7784-42-1 100
Bis (Chloromethyl) Ether 542-88-1 100
Boron Trichloride 10294-34-5 2500
Boron Trifluoride 7637-07-2 250
Bromine 7726-95-6 1500
Bromine Chloride 13863-41-7 1500
Bromine Pentafluoride 7789-30-2 2500
Bromine Trifluoride 7787-71-5 15000
3-Bromopropyne (also called Propargyl Bromide) 106-96-7 7500
Butyl Hydroperoxide (Tertiary) 75-91-2 5000
Butyl Perbenzoate (Tertiary) 614-45-9 7500
Carbonyl Chloride (see Phosgene) 75-44-5 100
Carbonyl Fluoride 353-50-4 2500
Cellulose Nitrate (concentration 12.6% Nitrogen) 9004-70-0 2500
Chlorine 7782-50-5 1500
Chlorine Dioxide 10049-04-4 1000
Chlorine Pentafluoride 13637-63-3 1000
Chlorine Trifluoride 7790-91-2 1000

Chlorodiethylaluminum (also called Diethylaluminum Chloride 96-10-6 5000

1-Chloro-2,4-Dinitrobenzene 97-00-7 5000

Chloromethyl Methyl Ether 107-30-2 500

Chloropicrin 76-06-2 500

Chloropicrin and Methyl Bromide mixture None 1500

Chloropicrin and Methyl Chloride mixture None 1500

Ethyl Methyl Ketone Peroxide (also Methyl Ethyl Ketone Peroxide; concentration 60%) 1338-23-4 5000

Hydrogen Peroxide (52% by weight or more) 7722-84-1 7500

Methyl Ethyl Ketone Peroxide (concentration 60%) 1338-23-4 5000

Nickel Carbonyl (Nickel Tetracarbonyl) 13463-39-3 150

Nitric Acid (94.5% by weight or greater) 7697-37-2 500

Nitrogen Oxides (NO; NO₂; N₂O₄; N₂O₃) 10102-44-0 250

Nitrogen Tetroxide (also called Nitrogen Peroxide) 10544-72-6 250

Nitrogen Trifluoride 7783-54-2 5000

Nitrogen Trioxide 10544-73-7 250

Oleum (65% [to 80% by weight;] or greater by weight of sulfur trioxide; also called Fuming Sulfuric

Acid) [8014-94-7] 8014-95-7 1000

Osmium Tetroxide 20816-12-0 100

Oxygen Difluoride (Fluorine Monoxide) 7783-41-7 100

Peracetic Acid (also called Peroxyacetic Acid) 79-21-0 5000

Perchloric Acid (concentration 60%) 7601-90-3 5000

Perchloromethyl Mercaptan 594-42-3 150

Perchloryl Fluoride 7616-94-6 5000

Peroxyacetic Acid (concentration 60%; also called Peracetic Acid) 79-21-0 5000

Phosgene (also called Carbonyl Chloride) 75-44-5 100

Phosphine (Hydrogen Phosphide) 7803-51-2 100

Phosphorus Oxychloride (also called Phosphoryl

Chloride) 10025-87-3 1000

Phosphorus Trichloride 7719-12-2 1000

Phosphoryl Chloride (also called Phosphorus

Oxychloride) 10025-87-3 1000

Propargyl Bromide 106-96-7 7500

Propyl Nitrate [627-3-4] 627-13-4 2500

Sarin 107-44-8 100

Selenium Hexafluoride 7783-79-1 1000

Stibine (Antimony Hydride) 7803-52-3 500

Sulfur Dioxide (liquid) 7446-09-5 1000

Sulfur Pentafluoride 5714-22-7 250

Sulfur Tetrafluoride 7783-60-0 250

Sulfur Trioxide (also called Sulfuric Anhydride) 7446-11-9 1000

Sulfuric Anhydride (also called Sulfur Trioxide) 7446-11-9 1000

2. The division, in consultation with the health districts created pursuant to NRS 439.370, the health division of the department of human resources and the division of industrial relations of the department of business and industry , shall regularly examine the sources of information available to it with regard to potentially highly hazardous substances. The division shall, by regulation, add to the list of highly hazardous substances any chemical that is identified as being used, manufactured, stored, or capable of being produced, at a facility, in sufficient quantities at a single site, that its release into the environment would produce a significant likelihood that persons exposed would suffer death or substantial bodily harm as a consequence of the exposure.
Sec. 8 NRS 459.3846 is hereby amended to read as follows:
459.3846 1. The person who conducted the assessment shall prepare and provide to the division and the facility a written report of assessment of the risk through analysis of the hazard, which must use as its standard the best available technology for control and must include findings, conclusions and recommendations.
2. The report must be written in a format that will permit its publication. To the extent that any portion of the report requires discussion of trade secrets, that information must be contained in a severable addendum to the report. In writing the report, the person who conducted the assessment shall, while protecting trade secrets, include in the publishable portion of the report sufficient information, in clear and comprehensible nontechnical language, to enable a member of the public to understand the significance of the report's findings, conclusions and recommendations.
3. A plan or report required pursuant to 42 U.S.C. § 7412(r), or any regulations adopted pursuant thereto, that is substantially equivalent to the report required pursuant to subsections 1 and 2 shall be deemed to satisfy the requirements of subsections 1 and 2.
4. A trade secret is entitled to protection under this section only if:
(a) The registrant of the facility has not disclosed the information to any other person, other than a member of a local emergency planning committee, an officer or employee of the United States or a state or local government, an employee of such a person, or a person who is bound by an agreement of confidentiality, and the registrant has taken reasonable measures to protect the confidentiality of the information and intends to continue to take such measures;
(b) The information is not required to be disclosed, or otherwise made available, to the public under any other federal or state law;
(c) Disclosure of the information is likely to cause substantial harm to the competitive position of the registrant; and
(d) The chemical identity of a substance, if that is the trade secret, is not readily discoverable through analysis of the product containing it or scientific knowledge of how such a product must be made.
Sec. 9 NRS 459.705 is hereby amended to read as follows:
459.705 1. Every person who transports in a motor vehicle upon the highways of this state hazardous materials which are required to be placarded in accordance with federal law shall, pursuant to regulations of the department:
(a) Obtain from the division a permit to transport the hazardous materials.
(b) Submit each motor vehicle used to transport the hazardous materials for an inspection pursuant to the regulations of the department as to the safety of the vehicle to transport hazardous materials.
2. [The] Except as otherwise provided in subsection 3, the department shall adopt regulations concerning such permits. The regulations may require that the permit or a legible copy of the permit be carried in the driver's compartment of the motor vehicle at all times while the vehicle is used to transport hazardous materials.
3. The department shall not adopt any regulation requiring such a permit or requiring recordkeeping for the purposes of such a permit for a motor vehicle unless the motor vehicle is actually used to transport hazardous material:
(a) Of a type and amount for which a vehicle transporting the substance must be placarded pursuant to 49 C.F.R. Part 172;
(b) Of a type and amount for which a uniform hazardous waste manifest is required pursuant to 40 C.F.R. Part 262;
(c) Which is transported in bulk packaging, as defined in 49 C.F.R. § 171.8; or
(d) Identified as a hazardous material pursuant to NRS 459.710.
4. In addition to complying with the provisions of this section and any regulations adopted pursuant thereto, the division shall comply with the provisions of NRS 459.707 and 459.708 if an application is submitted for a permit to transport radioactive waste. Sec. 10 1. This section and sections 1, 2 and 7 of this act become effective upon passage and approval.
2. Sections 3 to 6, inclusive, 8 and 9 of this act become effective on October 1, 1997.".
Amend the title of the bill, second line, after the semicolon by inserting:
"prohibiting certain acts relating to the regulation of hazardous materials; authorizing a program to prevent and minimize the consequences of the accidental release of hazardous substances; providing a penalty;".
Senator Rhoads moved that the Senate concur in the Assembly amendment to Senate Bill No. 266.
Remarks by Senator Rhoads.
Motion carried.
Bill ordered enrolled.

Senate Bill No. 489.
The following Assembly amendment was read:
Amendment No. 1122.
Amend sec. 10, page 3, by deleting lines 16 and 17 and inserting:
"Sec. 10. To the extent that money is available in the aging services division's gift account:".
Amend the bill as a whole by deleting sec. 12 and renumbering sec. 13 as sec. 12.
Amend the title of the bill, second and third lines, by deleting:
"making an appropriation;".
Senator Raggio moved that the Senate do not concur in the Assembly amendment to Senate Bill No. 489.
Remarks by Senator Raggio.
Motion carried.
Bill ordered transmitted to the Assembly.

Senator Raggio moved that the Senate adjourn until Saturday, July 5, 1997 at 10:30 a.m.
Motion carried.

Senate adjourned at 2:35 p.m.

Approved:

Lonnie L. Hammargren, M.D.

President of the Senate

Attest: Janice L. Thomas
Secretary of the Senate