Carson City (Sunday), July 6, 1997

Senate called to order at 9:57 a.m.
President Hammargren presiding.
Roll called.
All present.
Prayer by Senator Jacobsen.
O Gracious Father, as we bow our heads on this beautiful day, we give thanks for all the things we see around us and especially the people we have come to know and appreciate. We ask, O Gracious Father, to look upon those that have worked so diligently and so effectively for us, especially the ladies at the front desk and all those that work in committees. We know, O Gracious Father, that sometimes we think it is all in vain. Tell us that it is not. That what we do is for everyone in this state and for ourselves. Lead us to know and I think we all know that freedom is not free. We all have a responsibility and an obligation to make sure that this great state and this great nation remain strong and remains safe and especially remains free.
O Gracious Father, as we come into the closing hours lead us to know that what we do and what we have done is certainly for the good of everyone. Bless us O Lord as we bow our heads in Thy presence and work with us. May Thy faith and Thy hope and Thy love be with us as we cry together, cry with us. As we laugh together, laugh with us. As we stand here this morning, O Gracious Father, may each one of us receive Thy blessing. May we all remain free. Return us to our homes and loved ones. Lead us to know that it is one day at a time. That what we do today we will never do again. Bless us O Lord.

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.

William J. Raggio,

Chairman

Mr. President:
Your Committee on Transportation, to which was referred Assembly Bill No. 590, 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 5, 1997

To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly amended, and on this day passed, as amended, Senate Bills Nos. 86, 211, 315, 327, and respectfully requests your honorable body to concur in said amendment.
Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bills Nos. 111, 339, 616.
Also, I have the honor to inform your honorable body that the Assembly on this day respectfully rescinded the action to concur in the Senate amendment to Assembly Bill No. 291.
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. 525.
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. 314.
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. 242.
Also, I have the honor to inform your honorable body that the Assembly on this day adopted the report of the second Committee on Conference concerning Assembly Bill No. 66.
Also, I have the honor to inform your honorable body that the Assembly on this day adopted the report of the first Committee on Conference concerning Assembly Bill No. 366.
Also, I have the honor to inform your honorable body that the Assembly on this day appointed Assemblymen Williams, Chowning and Amodei as a first Committee on Conference concerning Assembly Bill No. 191.
Also, I have the honor to inform your honorable body that the Assembly on this day appointed Assemblymen Anderson, Collins and Sandoval as a first Committee on Conference concerning Assembly Bill No. 208.

Jacqueline Sneddon

Assistant Chief Clerk of the Assembly

Assembly Bill No. 329.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.

Assembly Bill No. 339.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.

Assembly Bill No. 616.
Senator Rawson moved that the bill be referred to the Committee on Taxation.
Motion carried.

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

"An Act relating to education; requiring the board of trustees of a school district to prescribe rules for the creation and administration of a program of school-based decision making; requiring each of those boards to review and evaluate certain provisions relating to education and to submit a report to the department of education relating thereto; and providing other matters properly relating thereto.".

"Summary--Requires school districts to prescribe rules for school-based decision making and to conduct evaluation of statutes relating to education. (BDR 34-243)".

Senate Bill No. 256.
The following Assembly amendment was read:
Amendment No. 1174.
Amend sec. 2, page 2, line 21, by deleting "agreement" and inserting:
"[agreement] period for which the exemption was granted ".
Amend sec. 3, page 3, by deleting line 15 and inserting:
"period for which the exemption was granted or until the".
Senator McGinness moved that the Senate concur in the Assembly amendment to Senate Bill No. 256.
Motion carried.
Bill ordered enrolled.

Senate Bill No. 436.
The following Assembly amendments were read:
Amendment No. 945.
Amend sec. 3, page 1, line 8, by deleting "video recording,".
Amend sec. 4, page 1, line 11, after "inclusive," by inserting:
"section 1 of Assembly Bill No. 336 of this session".
Amend sec. 5, page 2, by deleting lines 2 through 7 and inserting:
"201.256 As used in NRS 201.256 to 201.265, inclusive, and section 1 of [this act,] Assembly Bill No. 336 of this session and sections 2, 3 and 4 of this act, unless the context otherwise requires, the words and terms defined in NRS 201.257 to 201.264, inclusive, and section 1 of [this act,] Assembly Bill No. 336 of this session and sections 2 and 3 of this act, have the meanings ascribed to them in those sections.".
Amend sec. 6, page 2, by deleting lines 13 through 15 and inserting:
"Distributes or causes to be distributed to a minor [, or exhibits for sale] material that is harmful to minors, unless the person is the parent, guardian or spouse of the minor.
2. Exhibits for distribution to an adult in such a manner or location as to allow a minor to view or to have access [for examination any picture, photograph, drawing,".
Amend sec. 6, page 2, line 16, by deleting "film,".
Amend sec. 6, page 2, line 29, by deleting "2." and inserting "3.".
Amend sec. 6, page 2, line 35, by deleting "[4.] 3." and inserting "4.".
Amend sec. 6, page 2, line 40, by deleting "[5.] 4." and inserting "5.".
Amend sec. 6, page 3, by deleting lines 1 through 9 and inserting:
"6. Exhibits, distributes or offers to distribute material that is harmful to minors in a vending machine that is located in a public place unless:
(a) The vending machine is supervised by an adult; or
(b) Minors are excluded from the public place where the vending machine is located.
7. Sells or rents motion pictures which contain material that is harmful to minors on the premises of a business establishment open to minors, unless the person creates an area within the establishment for the placement of the motion pictures and any material that advertises the sale or rental of the motion pictures which:
(a) Prevents minors from observing the motion pictures or any material that advertises the sale or rental of the motion pictures; and ".
Amend the bill as a whole by renumbering sections 7 and 8 as sections 8 and 9 and adding a new section designated sec. 7, following sec. 6, to read as follows:
"Sec. 7. Section 1 of Assembly Bill No. 336 of this section is hereby amended to read as follows:

Section 6 Chapter 201 of NRS is hereby amended by adding thereto a new section to read as follows:

"Motion picture" means a film [,] or a video recording, whether or not it has been rated appropriate for a particular audience, that is:

1. Placed on a videodisc or videotape; or

2. To be shown in a theater or on television,

and includes, without limitation, a cartoon or an animated film.".

Senate Bill No. 458.
The following Assembly amendment was read:
Amendment No. 1184.
Amend sec. 6, page 3, line 27, after "buildings" by inserting "or structures".
Amend sec. 8, page 5, line 11, by deleting "current ".
Amend sec. 11, page 7, by deleting line 5 and inserting:
"the code most recently [published before January 1, 1987.] approved by the board. The board shall review each edition of the Uniform Building Code, Uniform Plumbing Code or National Electrical Code that is published after the 1996 edition to ensure its suitability. Each new edition of the code shall be deemed approved by the board unless the edition is disapproved by the board within 60 days of the publication of the code.".
Amend the bill as a whole by adding a new section designated sec. 11.5, following sec. 11, to read as follows:
"Sec. 11.5. NRS 624.310 is hereby amended to read as follows:
624.3101. [In any case when] Except as otherwise provided in subsection 4, if the board refuses to issue or renew a license, suspends or revokes a license or imposes an administrative fine pursuant to NRS 624.235, the [applicant or accused is entitled to a hearing before the board.] board shall hold a hearing. The time and place for the hearing must be fixed by the board, and notice of the time and place of the hearing must be personally served on the applicant or accused or mailed to the last known address of the applicant or accused at least 30 days before the date fixed for the hearing.
2. The testimony taken pursuant to NRS 624.170 to 624.210, inclusive, must be considered a part of the record of the hearing before the board.
3. The hearing must be public if a request is made therefor.
4. The board may suspend the license of a contractor without a hearing if the board finds, based upon evidence in its possession, that the public health, safety or welfare imperatively requires summary suspension of the license of the contractor and incorporates that finding in its order. If the board summarily suspends the license of the contractor, a hearing must be held within 30 days after the suspension.".
Amend sec. 12, page 7, by deleting lines 28 through 30 and inserting:
"described in subsection 1.".
Amend sec. 12, page 7, line 32, by deleting "$250 " and inserting "$500 ".
Amend sec. 12, page 7, line 35, by deleting "$250 " and inserting "$500 ".
Amend sec. 22, page 15, between lines 23 and 24, by inserting:
"6. A contractor may require final payment for the final stage or phase of the construction of a residential pool or spa after the completion of the plastering and the final inspection by the local building department, unless any installation of equipment, decking or fencing that is required in the contract is not completed.
7. A violation of the provisions of this section by a contractor constitutes cause for disciplinary action pursuant to NRS 624.300.".
Amend sec. 23, page 16, between lines 10 and 11, by inserting:
"Except as otherwise provided in subsection 4, the contract may contain such other conditions, stipulations or provisions as to which the parties may agree.".
Senator Townsend moved that the Senate concur in the Assembly amendment to Senate Bill No. 458.
Motion carried.
Bill ordered enrolled.

Senate Bill No. 480.
The following Assembly amendment was read:
Amendment No. 1170.
Amend sec. 13, page 5, by deleting lines 33 through 38 and inserting:
"each member of the association.".
Senator James moved that the Senate concur in the Assembly amendment to Senate Bill No. 480.
Motion carried.
Bill ordered enrolled.

Senate Bill No. 430.
The following Assembly amendment was read:
Amendment No. 1176.
Amend section 1, page 2, after line 35, by inserting:
"6. If a person cancels his registration and surrenders to the department his license plates for a vehicle, the department shall issue to the person a refund of the portion of the registration fee and privilege tax paid on the vehicle attributable to the remainder of the current calendar year or registration period on a pro rata basis.".
Amend the bill as a whole by deleting sec. 1.3 and inserting:
"Sec. 1.3. (Deleted by amendment.)".
Amend sec. 1.7, page 3, by deleting line 7, and inserting:
"1. [For] Except as otherwise provided in this section, for each stock passenger car and each ".

Amend sec. 1.7, page 3, line 8, by deleting "[car] cars" and inserting "car [,]".
Amend sec. 1.7, page 3, line 12, by deleting "person," and inserting:
"person for which special license plates have been issued pursuant to NRS 482.380, 482.381, 482.3812, 482.3814 or 482.3816,".
Amend sec. 1.7, page 3, line 14, by deleting "person," and inserting:
"person for which special license plates have been issued pursuant to NRS 482.380, 482.381, 482.3812, 482.3814 or 482.3816,".
Amend sec. 1.7, page 3, line 16, by deleting "person," and inserting:
"person for which special license plates have been issued pursuant to NRS 482.380, 482.381, 482.3812, 482.3814 or 482.3816,".
Amend sec. 4, page 6, by deleting lines 28 through 31 and inserting:
"snowmobiles and railroad locomotives. The regulations must:
(a) Provide for the exemption from such standards of restored vehicles for which special license plates have been issued pursuant to NRS 482.381, 482.3812, 482.3814 or 482.3816.
(b) Establish criteria for the condition and functioning of a restored vehicle to qualify for the exemption, and provide that the evaluation of the condition and functioning of such a vehicle may be conducted at an authorized inspection station or authorized station as defined in NRS 445B.710 and 445B.720, respectively.
(c) Define "restored vehicle" for the purposes of the regulations.".
Amend the bill as a whole by deleting sec. 5 and adding a new section designated sec. 5, following sec. 4, to read as follows:
"Sec. 5. The department of motor vehicles and public safety shall conduct a study concerning the potential and actual effects, as appropriate, of the refunding by the department of fees, taxes and other charges required pursuant to this act or any other specific statute, and submit a report of the study to the director of the legislative counsel bureau on or before January 18, 1999, for transmittal to the 70th session of the Nevada legislature.".
Amend sec. 6, page 7, by deleting lines 1 through 4 and inserting:
"Sec. 6. 1. This section and sections 4 and 5 of this act become effective on July 1, 1997.
2. Sections 1.7, 2 and 3 of this act become effective on January 1, 1998.
3. Section 1 of this act becomes effective on January 1, 2001.".
Senator O'Donnell moved that the Senate do not concur in the Assembly amendment to Senate Bill No. 430.
Motion carried.
Bill ordered transmitted to the Assembly.

Mr. President appointed Senators O'Connell, Rhoads and Regan as a first Committee on Conference to meet with a like committee of the Assembly for the further consideration of Senate Bill No. 424.

Mr. President:
The second Committee on Conference concerning Assembly Bill No. 66, consisting of the undersigned members, has met, and reports that:
No decision was reached.

Senate Bill No. 433.
Bill read third time.
Roll call on Senate Bill No. 433:
Yeas -- 21.
Nays -- None.
Senate Bill No. 433 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Senate Bill No. 451.
Bill read third time.
Remarks by Senators Adler, Augustine and O'Donnell.
Conflict of interest declared by Senator Adler.
Roll call on Senate Bill No. 451:
Yeas -- 19.
Nays -- Augustine.
Not voting -- Adler.
Senate Bill No. 451 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Senate Bill No. 474.
Bill read third time.
Roll call on Senate Bill No. 474:
Yeas -- 20.
Nays -- Neal.
Senate Bill No. 474 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Senate Bill No. 497.
Bill read third time.
Remarks by Senator Raggio.
Roll call on Senate Bill No. 497:
Yeas -- 18.
Nays -- Augustine, O'Connell, Schneider - 3.
Senate Bill No. 497 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 82.
Bill read third time.
Roll call on Assembly Bill No. 82:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 82 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 280.
Bill read third time.
Roll call on Assembly Bill No. 280:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 280 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 330.
Bill read third time.
Remarks by Senators Neal and O'Connell.
Roll call on Assembly Bill No. 330:
Yeas -- 17.
Nays -- Adler, Augustine, Neal, Titus - 4.
Assembly Bill No. 330 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 379.
Bill read third time.
Roll call on Assembly Bill No. 379:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 379 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 415.
Bill read third time.
Roll call on Assembly Bill No. 415:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 415 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 451.
Bill read third time.
Remarks by Senator O'Donnell.
Senator O'Donnell requested that his remarks be entered in the Journal.
(The remarks will be in a reprint of the Senate Journal.)
Roll call on Assembly Bill No. 451:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 451 having received a two-thirds majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 501.
Bill read third time.
Roll call on Assembly Bill No. 501:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 501 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Senate Bill No. 508.
Bill read third time.
Remarks by Senators Neal, Porter and Adler.
Senator Porter requested that the bill be moved to the next agenda.

Assembly Bill No. 570.
Bill read third time.
Roll call on Assembly Bill No. 570:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 570 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 576.
Bill read third time.
Roll call on Assembly Bill No. 576:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 576 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.
Remarks by Senators Augustine, Neal and Townsend.
Senator Augustine requested that the following remarks be entered in the Journal.
Senator Augustine:
Thank you, Mr. President. Last night I distributed to the members of this body a legal opinion regarding A.B. 581, which I requested from Scott Wasserman, Chief Deputy, Legislative Counsel Bureau. Since the amendment has been removed from AB No. 581. The issue of whether this bill is preempted by the regulations of the Federal Energy Regulatory Commission remains. Unfortunately, the Legislative Counsel Bureau is not able to determine this now because of the expeditious nature of this request. However, they will be looking into it later this week. The Public Service Commission (PSC) of Nevada will now be able to disapprove a merger by a public utility doing business in this state and effectively prohibit being authorized to do any further business in this state.
I have served for the past two years on the interim study committee studying the restructuring of the electric utility industry. I have also served on the Commerce and Labor Committee this session. We have spent hours on AB No. 366 a comprehensive restructuring package which was passed by this body.
I believe this bill will adversely affect rate payers, our constituents and businesses, in this state by the threat of not allowing effective competition. If other utilities are prohibited by the PSC from entering into the Nevada marketplace, the monopolistic structure we currently have will remain intact. No new companies will be allowed to enter our marketplace without the prior approval of, now, only three public service commissioners because we have restructured the commission in AB No. 366. So there are no longer five commissioners; only three.
In AB No. 366, we created the position of an anti-trust attorney in the Consumer Affairs Division to oversee this type of anti-trust behavior. If there is a problem with a utility merger, they should be able to take care of the matter. If this is not the case, an anti-trust department wouldn't be needed because the PSC will retain control over mergers. At best, this is true protectionism. An analogy to this would be the following: companies like Reno Air, Southwest Airlines and America West could fly into Nevada, but other airlines such as Delta, Northwest Airlines and American Airlines would be prohibited from serving our citizens because they have merged with other airlines outside of Nevada and the merger had been "disapproved" within our state.
By passing AB No. 581, we are effectively denying our constituents and rate payers complete competition and any potential for lower utility prices because we are keeping other utility companies from coming in and serving our constituents.

Senator Neal:
Mr. President, last night when we considered the amendment, we talked about certain statutes to a reference of NRS (Nevada Revised Statutes) that was included in the measure. We have since removed the reference in this particular bill. If the statutory reference had remained, it would simply say that a company outside of the state who wanted to merge with a company inside of the state and had a controlling interest, the PSC could not look at stranded cost, environmental impacts or anything. All of that was wiped out. It simply means then that the stranded cost left there for the utilities would go to the rate payers to be paid. In A.B. 366 we placed the PSC in a position to review the stranded cost if those mergers should take place with an entity in Nevada. This is the only thing this bill does. It is the proper course to take because we are not going to be sitting here 18 months from now. We have to have an entity that will oversee this. We put that entity in place to do that. This would affect northern Nevada more than it would affect southern Nevada at this present time.

Senator Townsend:
Thank you, Mr. President. I hadn't planned on saying anything, but since a member of this body decided to put their credentials out in front of this body with regard to utilities I will place mine there as well. Twenty years ago, I reached into my own pocket and spent $250,000 to try to help convince this state that we needed a consumer advocate; that was 20 years ago. I was an unpaid lobbyist in the 1981 session with regard to the consumer advocate and utility issues. I have sat on the Commerce and Labor Committee for 15 years. Those credentials will match anyone's.
We are entering a unique world. This bill, as drafted, says that the Public Service Commission may review those mergers and their affect on people doing business in this state. They cannot stop a merger. They do not have that authority, but they can certainly prohibit somebody from doing business in this state if that merger is going to affect a rate payer adversely. That is what this bill says. I leave it up to you.
Roll call on Assembly Bill No. 581:
Yeas -- 20.
Nays -- None.
Not voting -- Adler.
Assembly Bill No. 581 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 662.
Bill read third time.
Roll call on Assembly Bill No. 662:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 662 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 669.
Bill read third time.
Remarks by Senators Raggio, Titus and Rawson.
Roll call on Assembly Bill No. 669:
Yeas -- 20.
Nays -- Titus.
Assembly Bill No. 669 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 670.
Bill read third time.
Remarks by Senators Raggio, Adler and Rawson.
Roll call on Assembly Bill No. 670:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 670 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 508.
Bill read third time.
Remarks by Senators Porter, Neal and Adler.
Senator Adler 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. 508:
Yeas -- 20.
Nays -- None.
Not voting -- O'Connell.
Assembly Bill No. 508 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

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

Senate in recess at 11:45 a.m.

At 4:20 p.m.
President Hammargren presiding.
Quorum present.

William J. Raggio,

Chairman

Mr. President:
Your Committee on Finance, to which was referred Assembly Bill No. 464, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

William J. Raggio,

Chairman

Mr. President:
Your Committee on Government Affairs, to which was referred Assembly Bill No. 414, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Ann O'Connell,

Chairman

Mr. President:
Your Committee on Government Affairs, to which were referred Assembly Bills Nos. 173, 214, 454, 661, 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 Judiciary, to which was referred Assembly Bill No. 484, 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 6, 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. 30, 174, 482, 495, 496.
Also, I have the honor to inform your honorable body that the Assembly amended, and on this day passed, as amended, Senate Bills Nos. 5, 39, 208, 218, 253, 375, 460, 488, 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, as amended, Assembly Bills Nos. 596, 622.
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. 82, 330, 501, 504, 508, 570, 576, 581.
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. 430 and requests a conference, and appointed Assemblymen Chowning, Amodei and Anderson 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 adopted the report of the first Committee on Conference concerning Assembly Bill No. 208.
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. 331.

Jacqueline Sneddon

Assistant Chief Clerk of the Assembly

Assembly Bill No. 622.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.

Sec. 3. 1. A primary city election must be held in each city of the first class, and in each city of the second class that has so provided by ordinance, on the first Tuesday after the first Monday in May of every year in which a general city election is to be held, at which time there must be nominated candidates for offices to be voted for at the next general city election.

2. A candidate for any office to be voted for at the primary city election must file a declaration of candidacy with the city clerk not less than 60 days nor more than 70 days before the date of the primary city election. The city clerk shall charge and collect from the candidate and the candidate must pay to the city clerk, at the time of filing the declaration of candidacy, a filing fee in an amount fixed by the city council by ordinance. The filing fees collected by the city clerk must be deposited to the credit of the general fund of the city.

3. All candidates, except as otherwise provided in NRS 266.220, must be voted upon by the electors of the city at large.

4. If, in a primary city election held in a city of the first or second class, one candidate receives more than a majority of votes cast in that election for the office for which he is a candidate, his name alone must be placed on the ballot for the general city election. If, in the primary city election, no candidate receives a majority of votes cast in that election for the office for which he is a candidate, the names of the two candidates receiving the highest number of votes must be placed on the ballot for the general city election.

Sec. 5. 1. A general city election must be held in each city of the third class on the first Tuesday after the first Monday in June of the first odd-numbered year after incorporation, and on the same day every 2 years thereafter, as determined by ordinance.

2. There must be one mayor and three or five councilmen, as the city council shall provide, by ordinance, for each city of the third class. The terms of office of the mayor and the councilmen are 4 years, which terms must be staggered. The mayor and councilmen elected to office immediately after incorporation shall decide, by lot, among themselves which two of their offices expire at the next general city election, and thereafter the terms of office must be 4 years. If a city council thereafter increases the number of councilmen, it shall, by lot, stagger the initial terms of the additional members.

3. A candidate for any office to be voted for at the general city election must file a declaration of candidacy with the city clerk not less than 60 days nor more than 70 days before the day of the general city election. The city clerk shall charge and collect from the candidate and the candidate must pay to the city clerk, at the time of filing the declaration of candidacy, a filing fee in an amount fixed by the city council by ordinance.

4. Candidates for mayor must be voted upon by the electors of the city at large. Candidates for councilmen must be voted upon by the electors of their respective wards to represent the wards in which they reside or by the electors of the city at large in accordance with the provisions of chapter 266 of NRS.

Sec. 11. 1. The conduct of any city election is under the control of the governing body of the city, and it shall, by ordinance, provide for the holding of the election, appoint the necessary election officers and election boards, and do all other things required to carry the election into effect.

2. Early voting in a city election may be conducted pursuant to the provisions of NRS 293.356 to 293.361, inclusive.

Sec. 107. NRS 293.250 is hereby amended to read as follows:

293.250

1. The secretary of state shall, in a manner consistent with the election laws of this state, prescribe:

(a) The form of all ballots, absent ballots, diagrams, sample ballots, certificates, notices, declarations, applications to register to vote, lists, applications, pollbooks, registers, rosters, statements and abstracts required by the election laws of this state.

(b) The procedure to be followed when a computer is used to register voters and to keep records of registration.

2. He shall prescribe with respect to the matter to be printed on every kind of ballot:

(a) The placement and listing of all offices, candidates and measures upon which voting is statewide, which must be uniform throughout the state.

(b) The listing of all other candidates required to file with him, and the order of listing all offices, candidates and measures upon which voting is not statewide, from which each county or city clerk shall prepare appropriate ballot forms for use in any election in his county.

3. He shall place the condensation of each proposed constitutional amendment or statewide measure near the spaces or devices for indicating the voter's choice.

4. The fiscal note for and explanation of each proposed constitutional amendment or statewide measure, including arguments for and against it, must be included on all sample ballots.

5. The condensations and explanations for constitutional amendments and statewide measures proposed by initiative or referendum must be prepared by the secretary of state, upon consultation with the attorney general. They must be in easily understood language and of reasonable length, and whenever feasible must be completed by April 1 of the year in which the general election is to be held.

6. The names of candidates for township and legislative or special district offices must be printed only on the ballots furnished to voters of that township or district.

7. A county [or city] clerk:

(a) May divide paper ballots into two sheets in a manner which provides a clear understanding and grouping of all measures and candidates.

(b) Shall prescribe the color or colors of the ballots and voting receipts used in any election which the clerk is required to conduct.

Sec. 170. Section 5.020 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 462, Statutes of Nevada 1993, at page 1468, is hereby amended to read as follows:

Sec. 5.020 Primary elections; declaration of candidacy.

1. A candidate for any office to be voted for at an election [shall] must file [an affidavit] a declaration of candidacy with the city clerk. The city clerk shall charge and collect from the candidate and the candidate must pay to the city clerk, at the time of filing his [affidavit] declaration of candidacy, a filing fee of $25 . [for filing an affidavit of candidacy.] All filing fees so collected by the city clerk must be deposited to the credit of the general fund of the city.

2. If for any general election, there are three or more candidates for any office to be filled at that election, a primary election for any such office must be held on the first Tuesday in September preceding the general election. If for any general election there are two or fewer candidates for any office to be filled at that election, their names must not be placed on the ballot for the primary election but must be placed on the ballot for the general election.

3. In the primary election:

(a) The names of the two candidates for municipal judge, city attorney, or a particular city council seat, as the case may be, who receive the highest number of votes must be placed on the ballot for the general election.

(b) Candidates for councilman who represent a specific ward must be voted upon only by the registered voters of that ward.

(c) Candidates for mayor and councilman at large must be voted upon by all registered voters of the city.

4. The mayor and all councilmen must be voted upon by all registered voters of the city at the general election.

Sec. 171. Section 5.020 of the charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as last amended by chapter 24, Statutes of Nevada 1987, at page 61, is hereby amended to read as follows:

Sec. 5.020 Primary municipal elections: Declaration of candidacy.

1. If for any general municipal election there are three or more candidates for the offices of mayor, city attorney or municipal judge [,] or three or more candidates from each ward to represent the ward as a member of the city council, a primary election for that office must be held on the [1st] first Tuesday after the [1st] first Monday in May preceding the general election.

2. Candidates for the offices of mayor, city attorney and municipal judge must be voted upon by the registered voters of the city at large. Candidates to represent a ward as a member of the city council must be voted upon by the registered voters of the ward to be represented by them.

3. The names of the two candidates for mayor, city attorney and municipal judge and the names of the two candidates to represent the ward as a member of the city council from each ward who receive the highest number of votes at the primary election must be placed on the ballot for the general election.".

Assembly Bill No. 464.
Bill read second time.
The following amendment was proposed by the Committee on Finance:
Amendment No. 1248.
Amend section 1, page 1, by deleting lines 2 through 4 and inserting:
"fund to Clark County for the demolition of certain old structures and the construction and expansion of the facilities at the Spring Mountain Youth Camp the sum of $3,250,000 for the fiscal year 1997-1998.".
Amend the bill as a whole by renumbering sections 2 through 4 as sections 3 through 5 and adding a new section designated sec. 2, following section 1, to read as follows:
"Sec. 2. 1. There is hereby appropriated from the state general fund to Clark County for the demolition of certain old structures and the construction and expansion of the facilities at the Spring Mountain Youth Camp the sum of $3,250,000 for the fiscal year 1998-1999.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2001, and reverts to the state general fund as soon as all payments of money committed have been made.".
Amend sec. 4, page 2, by deleting line 5 and inserting:
"Sec. 5. 1. This section and sections 1, 3 and 4 of this act become effective on July 1, 1997.
2. Section 2 of this act becomes effective on July 1, 1998.".
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. 484.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 1256.
Amend sec. 3, page 2, line 34, by deleting "writing [,]" and inserting "writing,".
Amend sec. 3, page 2, by deleting line 42 and inserting:
"As used in this [paragraph,] subsection, "day of service" means the".
Amend sec. 3, page 3, line 6, by deleting "[2.] 3." and inserting "2.".
Amend sec. 3, page 3, by deleting line 21 and inserting:
"3. A notice served pursuant to subsection 1 or 2 must:".
Amend sec. 3, page 3, line 28, by deleting the open bracket.
Amend sec. 3, page 3, line 31, by deleting the closed bracket.
Amend sec. 3, page 3, by deleting line 33 and inserting:
"(a) The landlord or his agent may apply by affidavit of complaint for eviction to the justice's".
Amend sec. 3, page 4, line 16 by deleting "[3] 4," and inserting "3 ,".
Senator James moved the adoption of the amendment.
Remarks by Senator James.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.

Senate Bill No. 387.
Bill read third time.
Roll call on Senate Bill No. 387:
Yeas -- 21.
Nays -- None.
Senate Bill No. 387 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 173.
Bill read third time.
Roll call on Assembly Bill No. 173:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 173 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 214.
Bill read third time.
Roll call on Assembly Bill No. 214:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 214 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 454.
Bill read third time.
Remarks by Senators Neal, O'Connell and Coffin.
Roll call on Assembly Bill No. 454:
Yeas -- 20.
Nays -- Coffin.
Assembly Bill No. 454 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 661.
Bill read third time.
Remarks by Senators Neal and O'Connell.
Roll call on Assembly Bill No. 661:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 661 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Senator James moved that Assembly Bill No. 356 be taken from the Secretary's desk and placed on General File.
Remarks by Senator James.
Motion carried.

Assembly Bill No. 356.
Bill read third time.
Roll call on Assembly Bill No. 356:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 356 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Senate Bill No. 315.
The following Assembly amendment was read:
Amendment No. 1210.
Amend the bill as a whole by deleting sec. 2 and renumbering sections 3 and 4 as sections 2 and 3.
Amend sec. 3, page 1, line 11, by deleting "1.".
Amend sec. 3, page 1, by deleting lines 15 through 18.
Senator Raggio moved that the Senate do not concur in the Assembly amendment to Senate Bill No. 315.
Remarks by Senator Raggio.
Motion carried.
Bill ordered transmitted to the Assembly.

Mr. President:
The first Committee on Conference concerning Senate Bill No. 209, consisting of the undersigned members, has met, and reports that:
It has agreed to recommend that the amendment of the Assembly be concurred in. It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. 20, which is attached to and hereby made a part of this report.
Conference Amendment.
Amend section 1, page 1, by deleting lines 3 and 4 and inserting:
"1. The department, through the division of health care financing and policy, shall pay, under the state plan for Medicaid:".
Amend section 1, page 1, line 9, by deleting:
"assistance to the medically indigent." and inserting "Medicaid.".
Amend the bill as a whole by renumbering sec. 2 as sec. 4 and adding new sections designated sections 2 and 3, following section 1, to read as follows:
"Sec. 2. Senate Bill No. 427 of this session is hereby amended by adding a new section designated sec. 90, following sec. 89, to read as follows:
Sec. 90. The legislative counsel shall:
1. In preparing the reprint and supplements to the Nevada Revised Statutes, with respect to any section that is not amended by this act or is further amended by another act, appropriately change any reference to the "welfare division of the department of human resources" to the "division of health care financing and policy within the department of human resources" in order to carry out the provisions of this act.
2. In preparing supplements to the Nevada Administrative Code, appropriately change any reference to the "welfare division of the department of human resources" to the "division of health care financing and policy within the department of human resources."
Sec. 3. Assembly Bill No. 13 of this session is hereby amended by adding a new section designated sec. 40, following sec. 39, to read as follows:
Sec. 40. The legislative counsel shall:
1. In preparing the reprint and supplements to the Nevada Revised Statutes, with respect to any section that is not amended by this act or is further amended by another act, appropriately change any reference to "assistance to the medically indigent" to "Medicaid."
2. In preparing supplements to the Nevada Administrative Code, appropriately change any reference to "assistance to the medically indigent" to "Medicaid" ".
Amend the bill as a whole by adding a new section designated sec. 5, following sec. 2, to read as follows:
"Sec. 5. 1. This section and sections 2 and 3 of this act become effective upon passage and approval.
2. Sections 1 and 4 of this act become effective on October 1, 1997.".
Amend the title of the bill by deleting the first through third lines and inserting:
"An Act relating to Medicaid; requiring the department of human resources to pay licensed providers of hospice care for services for hospice care provided to persons who are eligible for Medicaid; and providing other".

Mr. President:
The first Committee on Conference concerning Senate Bill No. 398, consisting of the undersigned members, has met, and reports that:
It has agreed to recommend that the amendment of the Assembly be concurred in.

Mr. President:
The first Committee on Conference concerning Senate Bill No. 489, consisting of the undersigned members, has met, and reports that:
It has agreed to recommend that the amendment of the Assembly be receded from.

William J. Raggio,

Chairman

Mr. President:
Your Committee on Taxation, to which was referred Assembly Bill No. 616, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Mike McGinness,

Chairman

Senate Bill No. 327.
The following Assembly amendment was read:
Amendment No. 1225.
Amend section 1, page 2, line 6, by deleting "commissioner" and inserting "executive director".
Amend sec. 10, page 5, between lines 17 and 18, by inserting:
"7. Aid, assist and cooperate with the office of coordinator of services for veterans created in a county pursuant to section 2 of [this act.] Assembly Bill No. 188 of this session.
8. Pay to each county that creates the office of coordinator of services for veterans, from state money available to him, a portion of the cost of operating the office in an amount determined by the [commissioner.] executive director.".
Amend the bill as a whole by deleting sections 28 and 29, renumbering section 30 as section 33 and adding new sections designated sections 28 through 32, following sec. 27, to read as follows:
"Sec. 28. Section 1 of Senate Bill No. 478 of this session is hereby amended to read as follows:

Section 1. NRS 417.110 is hereby amended to read as follows:

417.110

1. [Subject to the provisions of subsection 2, the] The executive director may act as guardian of the estate of:

(a) The minor child of a deceased veteran.

(b) An insane or incompetent veteran.

(c) A person who is certified by the United States Department of Veterans Affairs as having money due from the United States Department of Veterans Affairs, the payment of which is dependent upon the appointment of a guardian for the person.

2. [The executive director may act as guardian as provided in subsection 1 only if at the time of appointment the estate, exclusive of money paid or to be paid by the Federal Government, does not exceed $2,500 in personal property or $3,500 in real property, or $2,500 in personal property and $3,500 in real property.

3.] If a person for whom the executive director acts as guardian receives a monthly income of $500 or more, the executive director may charge a fee of 5 percent of the monthly income of the person to pay for the expenses of providing the guardianship service.

Sec. 2. NRS 417.130 is hereby amended to read as follows:

417.130

1. Notwithstanding the provisions of subsection [3] 2 of NRS 417.110, the executive director may receive a fee, in an amount set by the court, for his guardianship services in any estate where the ward dies leaving no will or heirs.

2. The fee must be deposited in a bank account for veterans' relief.

Sec. 2. 1. The board of county commissioners of any county may create by ordinance the office of coordinator of services for veterans. If such an office is created, the board shall appoint a qualified veteran to hold the office and the board shall establish his compensation.

2. The coordinator of services for veterans shall:

(a) Assist a veteran or his spouse or dependent, if the person requesting assistance is a resident of the county, in preparing, submitting and pursuing any claim that the person has against the United States, or any state, to establish his right to any privilege, preference, care or compensation to which he believes that he is entitled;

(b) Aid, assist and cooperate with the [Nevada commissioner] executive director for veteran affairs and the [Nevada deputy commissioner] deputy executive director for veteran affairs and with the Nevada veterans' advisory commission;

(c) Disseminate information relating to veterans' benefits in cooperation with the [Nevada commissioner] executive director for veteran affairs and the [Nevada deputy commissioner] deputy executive director for veteran affairs; and

(d) Perform such other services related to assisting a veteran, his spouse or his dependent as requested by the board of county commissioners.

3. Two or more counties jointly may create one office of coordinator of services for veterans to serve those counties.

Sec. 3. 1. Except as otherwise provided in this section, the office of coordinator of services for veterans must be supported from money in the county general fund and from any gifts or grants received by the county for the support of the office.

2. The board of county commissioners of a county that create the office of coordinator of services for veterans is authorized to accept funds from the [Nevada commissioner] executive director for veteran affairs pursuant to subsection 8 of NRS 417.090 for the support of the office.

3. The board of county commissioners of a county that creates the office of coordinator of services for veterans may enter into an agreement with the health division of the department of human resources for the purpose of obtaining federal matching funds to contribute to the salaries and expenses of the office of coordinator of services for veterans for its activities which are reasonably related to the programs of the health division of the department of human resources and which benefit or result in cost avoidance for the health division.

4. The board of county commissioners of a county that creates the office of coordinator of services for veterans shall, on or before February 1 of each odd-numbered year, submit a report to the director of the legislative counsel bureau for distribution to each regular session of the legislature describing the efficiency and effectiveness of the office. The report must include, without limitation, the number, total value and average value of the benefits received by the office on behalf of veterans, their spouses and their dependents.

Senate Bill No. 375.
The following Assembly amendments were read:
Amendment No. 1178.
Amend sec. 9, page 5, by deleting line 7 and inserting:
"3. The executive director".
Amend sec. 9, page 5, line 10, by deleting "equalization." and inserting:
"equalization, except in those cases where the state board of equalization has original jurisdiction.".
Amend sec. 9, page 5, by deleting lines 11 through 14.
The following Assembly amendment was read:
Amendment No. 1179.
Amend the bill as a whole by renumbering sec. 10 as sec. 11 and adding a new sec. 10, following sec. 9, to read as follows:
"Sec. 10. NRS 360.417 is hereby amended to read as follows:
360.417Unless a different penalty or rate of interest is specifically provided, any person who fails to pay any tax provided for in chapter 362, 364A, 365, 369, 370, 372, 373 or 374 of NRS, or fee provided for in NRS 482.313 or 590.700 to 590.920, inclusive, to the state or a county within the time required, shall pay a penalty of not more than 10 percent of the amount of the tax or fee which is owed, as determined by the department, in addition to the tax or fee, plus interest at the rate of [1.5] 1 percent per month, or fraction of a month, from the last day of the month following the period for which the amount or any portion of the amount should have been reported until the date of payment.".
Amend sec. 10, page 5, by deleting line 15 and inserting:
"Sec. 11. 1. This section and sections 1 to 9, inclusive, of this act become effective on July 1, 1997
2. Section 10 of this act becomes effective on July 1, 1999.".
Amend the title of the bill by deleting the third and fourth lines and inserting:
"required for certain payments; and providing other matters properly relating".
The following Assembly amendment was read:
Amendment No. 1180.
Amend sec. 4, page 2, by deleting lines 37 through 39 and inserting:
"purposes of judicial review. The executive".
Amend sec. 4, page 2, between lines 41 and 42 by adding:
"5. The Nevada tax commission shall provide by regulation for:
(a) Notice to each county of any decision upon an appeal to the commission that the commission determines is likely to affect the revenue of the county or other local government. The regulations must specify the form and contents of the notice and requirements for the number of days before a meeting of the commission that the notice must be transmitted to the county or counties. Upon receipt of such a notice the county shall transmit a copy of the notice to each local government within the county which it determines is likely to be affected by the decision.
(b) The manner in which a county or other local government which is not a party to such an appeal may become a party, and the procedure for its participation in the appeal.
6. A county or other local government which is a party and is aggrieved by the decision of the Nevada tax commission is entitled to seek judicial review of the decision.".
Senator McGinness moved that the Senate concur in the Assembly amendments to Senate Bill No. 375.
Remarks by Senator Rawson.
Senator Rawson requested that his remarks be entered in the Journal.
Thank you, Mr. President. I would like to read into the record a statement of Legislative Intent on Assembly Bill No. 375. This bill makes various changes concerning mental health care. This is the bill we have seen numerous amendments on to deal with the admission, voluntary and involuntary, into mental health facilities. In the final amendment we passed, on line 12 of the 4^th reprint, it says "the right not to be admitted to the facility, under false pretenses or as a result of any improper, unethical or unlawful conduct." The "improper" word used there is what was picked up by the bill drafters from old language. It is not defined in Nevada Revised Statutes. They have indicated that they can make the corrections on this if we read in the legislative intent. So, I would move that the legislative intent on that word "improper" is unethical or unlawful conduct. In other words, it is synonymous with just the two words, "unethical" and "unlawful." This is also being read into the record in the Assembly. I would move that this go into the record as Legislative Intent.
Motion carried.
Bill ordered enrolled.

Senate Bill No. 460.
The following Assembly amendment was read:
Amendment No. 1168.
Amend sec. 5, page 5, line 38, by deleting "October 15" and inserting:
"[October 15] November 10 ".
Amend the bill as a whole by renumbering sec. 7 as sec. 13 and adding new sections designated sections 7 through 12, following sec. 6, to read as follows:
"Sec. 7. Section 3 of Assembly Bill No. 137 of this session is hereby amended to read as follows:

Sec. 3. This act becomes effective [upon passage and approval or on June 30, 1997, whichever occurs earlier.] on July 1, 1997.

Sec. 15. 1. This section and sections 1 and 3 to 14, inclusive, of this act become effective on [June 30, 1997.] July 1, 1997.

2. Section 2 of this act becomes effective on January 1, 1999.

Sec. 4. [This act becomes effective upon passage and approval or on June 30, 1997, whichever occurs earlier.]

1. Subsections 1 and 2 of section 1 and sections 2 and 3 of this act become effective on June 30, 1997.

2. Subsection 3 of section 1 of this act becomes effective on July 1, 1997.

Sec. 5. This act becomes effective [upon passage and approval or on June 30, 1997, whichever occurs earlier.] on July 1, 1997.

Sec. 3. This act becomes effective [upon passage and approval or on June 30, 1997, whichever occurs earlier.] on July 1, 1997.

Sec. 64. 1. This section and section 63 of this act become effective upon passage and approval.

2. Subsection 1 of section 61 of this act becomes effective on June 30, 1997. Subsections 2 to 11, inclusive, of section 61 of this act become effective on July 1, 1997.

3. Section 27 of this act becomes effective upon passage and approval for purposes of appointing members to the commission on educational technology, created pursuant to section 27 of this act, and on July 1, 1997, for all other purposes.

[3.] 4. Section 37 of this act becomes effective upon passage and approval for purposes of appointing members to the legislative committee on education, created pursuant to section 37 of this act, and on July 1, 1997, for all other purposes.

[4.] 5. Section 43 of this act becomes effective upon passage and approval for purposes of appointing members to the council to establish academic standards for public schools, created pursuant to section 43 of this act, and on July 1, 1997, for all other purposes, and expires by limitation on June 30, 2001.

[5.] 6. Sections 20 to 26, inclusive, 28 to 36, inclusive, 38 to 42, inclusive, [and] 46 to [62,] 60, inclusive, and 62 of this act become effective on July 1, 1997.

[6.] 7. Sections 44 and 45 of this act become effective on July 1, 1997, and expire by limitation on June 30, 2003.

[7.] 8. Sections 1 to 19, inclusive, of this act become effective on January 1, 1998.".

Mr. President:
The first Committee on Conference concerning Senate Bill No. 356, consisting of the undersigned members, has met, and reports that:
It has agreed to recommend that the amendment of the Assembly be concurred in. It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. 19, which is attached to and hereby made a part of this report.
Conference Amendment.
Amend sec. 48, page 27, by deleting lines 8 through 12 and inserting:
"2. Every applicant for certification by the state library and archives administrator shall submit with his application a complete set of his fingerprints and written permission authorizing the state library and archives administrator to forward the fingerprints to the central repository for Nevada records of criminal history for submission to the Federal Bureau of Investigation for its report. The state library and archives administrator may issue a".
Amend sec. 132, pages 61 and 62, by deleting line 44 on page 61 and lines 1 and 2 on page 62 and inserting:
"automobile wreckers, body shops and garages.
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.
5. A licensee may renew his license by submitting to the department:".
Amend sec. 134, page 62, by deleting lines 22 and 23 and inserting:
"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.
4. A licensee may renew his license by submitting to the department:".
Amend sec. 135, page 62, line 32, by deleting "evidence" and inserting "demonstrate".
Amend sec. 135, page 62, line 33, by deleting:
"become an operator of" and inserting "operate".
Amend sec. 135, page 62, lines 38 and 39, by deleting:
"wreckers and body shops." and inserting:
"wreckers, body shops and garages.".
Amend sec. 135, page 63, by deleting lines 1 and 2 and inserting:
"4. Upon receipt of the license, the operator shall post the license in a conspicuous place clearly visible to the general public in the body shop and include the license number on all".
Amend sec. 519, page 207, line 3, by deleting:
"132, 134, 135,".
Amend sec. 519, page 207, line 6, after "3." by inserting:
"Sections 132, 134 and 135 of this act become effective at 12:02 a.m. on October 1, 1997.
4.".

Assembly Bill No. 146.
Bill read third time.
Roll call on Assembly Bill No. 146:
Yeas -- 18.
Nays -- Jacobsen, Mathews, McGinness - 3.
Assembly Bill No. 146 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 165.
Bill read third time.
Remarks by Senators O'Connell and O'Donnell.
Roll call on Assembly Bill No. 165:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 165 having received a two-thirds majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 268.
Bill read third time.
Remarks by Senator Raggio.
Roll call on Assembly Bill No. 268:
Yeas -- 20.
Nays -- O'Connell.
Assembly Bill No. 268 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 298.
Bill read third time.
Remarks by Senators Neal, Raggio, Augustine, O'Donnell and Rawson.
Roll call on Assembly Bill No. 298:
Yeas -- 18.
Nays -- Augustine, James, O'Donnell - 3.
Assembly Bill No. 298 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 447.
Bill read third time.
Roll call on Assembly Bill No. 447:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 447 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 616.
Bill read third time.
Remarks by Senators Neal, McGinness, Jacobsen and Augustine.
Roll call on Assembly Bill No. 616:
Yeas -- 12.
Nays -- Augustine, Jacobsen, James, O'Donnell, Regan, Shaffer, Washington, Wiener - 8.
Absent -- Titus.
Assembly Bill No. 616 having failed to receive a two-thirds majority, Mr. President declared it failed.

Assembly Bill No. 147.
Bill read third time.
Roll call on Assembly Bill No. 147:
Yeas -- 20.
Nays -- None.
Absent -- Titus.
Assembly Bill No. 147 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 209.
Bill read third time.
Remarks by Senators McGinness, Neal and O'Donnell.
Senator McGinness moved that Assembly Bill No. 209 be taken from the General File and placed on the Secretary's desk.
Motion carried.

Assembly Bill No. 211.
Bill read third time.
Roll call on Assembly Bill No. 211:
Yeas -- 19.
Nays -- McGinness.
Absent -- Titus.
Assembly Bill No. 211 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Senator Raggio moved that the Senate recess until 8:30 p.m.
Motion carried.

Senate in recess at 6:10 p.m.

At 9:51 p.m.
President Hammargren presiding.
Quorum present.

Randolph J. Townsend,

Chairman

Mr. President:
Your Committee on Finance, to which were referred Assembly Bills Nos. 225, 353, 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 Government Affairs, to which were referred Assembly Bills Nos. 371, 540; Assembly Joint Resolution No. 17, 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. 486, 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 Taxation, to which was referred Assembly Bill No. 596, 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 6, 1997

To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day passed Senate Bill No. 137.
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. 379, 415, 536.

Jacqueline Sneddon

Assistant Chief Clerk of the Assembly

Senator James moved that the vote whereby Assembly Bill No. 616 was passed be rescinded.
Remarks by Senators James and Neal.
Motion carried on a division of the house which required a two-thirds majority.

Assembly Bill No. 414.
Bill read third time.
Remarks by Senators Neal, O'Connell, Adler and Regan.
Roll call on Assembly Bill No. 414:
Yeas -- 18.
Nays -- Adler, Neal, Titus - 3.
Assembly Bill No. 414 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 464.
Bill read third time.
Roll call on Assembly Bill No. 464:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 464 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 484.
Bill read third time.
Roll call on Assembly Bill No. 484:
Yeas -- 20.
Nays -- None.
Not voting -- Townsend.
Assembly Bill No. 484 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 540.
Bill read third time.
Roll call on Assembly Bill No. 540:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 540 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 596.
Bill read third time.
Remarks by Senators James, McGinness, Neal, Regan, O'Donnell, Jacobsen and Schneider.
Senator Neal 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. 596:
Yeas -- 11.
Nays -- Adler, Jacobsen, Mathews, McGinness, Neal, Regan, Rhoads, Schneider, Titus, Wiener - 10.
Assembly Bill No. 596 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Joint Resolution No. 17.
Resolution read third time.
Remarks by Senators Titus, Augustine and O'Connell.
Roll call on Assembly Joint Resolution No. 17:
Yeas -- 15.
Nays -- Augustine, Mathews, Neal, Schneider, Titus, Wiener - 6.
Assembly Joint Resolution No. 17 having received a constitutional majority, Mr. President declared it passed.
Resolution ordered transmitted to the Assembly.

Assembly Bill No. 616.
Bill read third time.
Remarks by Senator Wiener.
Senator Wiener requested that her remarks be entered in the Journal.
(The remarks will be in a reprint of the Senate Journal.)
Roll call on Assembly Bill No. 616:
Yeas -- 16.
Nays -- Adler, Jacobsen, O'Donnell, Regan, Shaffer - 5.
Assembly Bill No. 616 having received a two-thirds majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

For the fiscal year 1997-1998 . .$44,000

For the fiscal year 1998-1999 . ..$44,000

"An Act making an appropriation to the mental hygiene and mental retardation division of the department of human resources for the position of a psychologist; and providing other matters properly relating thereto.".

"Summary--Makes appropriation to mental hygiene and mental retardation division of department of human resources for position of psychologist. (BDR S-1437)".

Assembly Bill No. 486.
Bill read second time.
The following amendment was proposed by the Committee on Human Resources and Facilities:
Amendment No. 1275.
Amend the bill as a whole by deleting sections 1 through 32 and adding new sections designated sections 1 through 33, following the enacting clause, to read as follows:
"Section 1. NRS 385.347 is hereby amended to read as follows:
385.3471. The board of trustees of each school district in this state, in cooperation with associations recognized by the state board as representing licensed personnel in education in the district, shall adopt a program providing for the accountability of the school district to the residents of the district and to the state board for the quality of the schools and the educational achievement of the pupils in the district.
2. The board of trustees of each school district shall, on or before March 31 of each year, report to the residents of the district concerning:
(a) The educational goals and objectives of the school district.
(b) Pupil achievement for grades 4, 8 and 11 for each school in the district and the district as a whole. Unless otherwise directed by the department, the board of trustees of the district shall base its report on the results of the examinations administered pursuant to NRS 389.015 and shall compare the results of those examinations for the current school year with those of previous school years. In addition, the board shall also report the results of other examinations of pupil achievement administered to each pupil in the school district in grades other than 4, 8 and 11. The results of these examinations for the current school year must be compared with those of previous school years.
(c) The ratio of pupils to teachers in kindergarten and at each grade level for each elementary school in the district and the district as a whole, the average class size for each required course of study for each secondary school in the district and the district as a whole, and other data concerning licensed and unlicensed employees of the school district.
(d) A comparison of the types of classes that each teacher has been assigned to teach with the qualifications and licensure of the teacher, for each school in the district and the district as a whole.
(e) The total expenditure per pupil for each school in the district and the district as a whole.
(f) The curriculum used by the school district, including any special programs for pupils at an individual school.
(g) [Records] The annual rate of the attendance and truancy of pupils in all grades, for each school in the district and the district as a whole.
(h) The annual rate of pupils who drop out of school in grades 9 to 12, inclusive, for each such grade, for each school in the district and for the district as a whole.
(i) Efforts made by the school district and by each school in the district to increase communication with the parents of pupils in the district.
(j) Records of incidents involving weapons or violence for each school in the district.
(k) Records of the suspension and expulsion of pupils required or authorized pursuant to NRS 392.466 and 392.467.
(l) The transiency rate of pupils for each school in the district and the district as a whole.
(m) Each source of funding for the school district.
(n) Such other information as is directed by the superintendent of public instruction.
3. The superintendent of public instruction shall:
(a) Prescribe forms for the reports required pursuant to subsection 2 and provide the forms to the respective school districts.
(b) Provide statistical information and technical assistance to the school districts to ensure that the reports provide comparable information with respect to each school in each district and among the districts.
(c) Consult with a representative of:
(1) The Nevada State Education Association;
(2) The Nevada Association of School Boards;
(3) The Nevada Association of School Administrators; and
(4) The Nevada Parent Teachers Association,
concerning the program and consider any advice or recommendations submitted by the representatives with respect to the program.
4. On or before April 15 of each year, the board of trustees of each school district shall submit to the state board and the department the report made pursuant to subsection 2. On or before April 15 of each year, the board of trustees of each school district shall submit to the advisory board to review school attendance created in the county pursuant to section 4 of this act the information required in paragraph (g) of subsection 2. On or before June 15 of each year, the board of trustees of each school district shall submit to the state board [:] and the department:
(a) A separate report summarizing the effectiveness of the district's program of accountability during the school year; and
(b) A description of the efforts the district has made to correct deficiencies identified in the report submitted pursuant to paragraph (a).
5. On or before February 1 of each year, the superintendent of public instruction shall analyze the information submitted to the state board and report to the legislature concerning the effectiveness of the programs of accountability adopted pursuant to this section. In even-numbered years, the report must be submitted to the legislative commission.
Sec. 2. Chapter 392 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 7, inclusive, of this act.
Sec. 3. The board of trustees of each school district shall adopt rules that require each public school in the district to include the accounting of attendance and, if feasible, tardiness of a pupil on each report card or other report of progress of the pupil. The report card or other report of progress must indicate the number of absences, if any, for the period covered by the report card or other report of progress.
Sec. 4. 1. There is hereby created in each county at least one advisory board to review school attendance. The membership of each such board may consist of:
(a) One probation officer in the county who works on cases relating to juveniles, appointed by the judge or judges of the juvenile court of the county;
(b) One representative of a law enforcement agency in the county who works on cases relating to juveniles, appointed by the judge or judges of the juvenile court of the county;
(c) One representative of the district attorney for the county, appointed by the district attorney;
(d) One parent or legal guardian of a pupil who is enrolled in a public school in the county, appointed by the president of the board of trustees of the school district;
(e) One member of the board of trustees of the school district, appointed by the president of the board of trustees;
(f) One school counselor or school teacher employed by the school district, appointed by an organization or association that represents licensed educational personnel in the school district;
(g) One deputy sheriff in the county, appointed by the sheriff of the county; and
(h) One representative of the local office of the division of child and family services of the department of human resources, appointed by the executive head of that office.
2. The members of each such board shall elect a chairman from among their membership.
3. Each member of such a board must be appointed for a term of 2 years. A vacancy in the membership of the board must be filled in the same manner as the original appointment for the remainder of the unexpired term.
4. Each member of such a board serves without compensation, except that, for each day or portion of a day during which a member of the board attends a meeting of the board or is otherwise engaged in the business of the board, he is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally. The board of trustees of the school district shall pay the per diem allowance and travel expenses from the general fund of the school district.
Sec. 5. The board of trustees of each school district shall provide administrative support to the advisory board to review school attendance created for its county pursuant to section 4 of this act.
Sec. 6. 1. Each advisory board to review school attendance created pursuant to section 4 of this act shall:
(a) Review the records of the rate of attendance and truancy of pupils submitted to the advisory board to review school attendance by the board of trustees of the school district pursuant to subsection 4 of NRS 385.347;
(b) Identify factors that contribute to the rate of truancy of pupils in the school district;
(c) Establish programs to reduce the rate of truancy of pupils in the school district;
(d) At least annually, evaluate the effectiveness of those programs;
(e) Establish a procedure for schools and school districts for the reporting of the status of pupils as habitual truants and the issuance of citations pursuant to section 7 of this act; and
(f) Inform the parents and legal guardians of the pupils who are enrolled in the schools within the district of the policies and procedures adopted pursuant to the provisions of this section.
2. An advisory board to review school attendance created in a county pursuant to section 4 of this act may use the money appropriated pursuant to section 31 of this act and any other money made available to the advisory board for the use of programs to reduce the truancy of pupils in the school district.
The advisory board to review school attendance shall, on a quarterly basis, provide to the board of trustees of the school district an accounting of the money used by the advisory board to review school attendance to reduce the rate of truancy of pupils in the school district.
Sec. 7. 1. The principal of a school shall report to the appropriate local law enforcement agency the name of any pupil enrolled in that school who is a habitual truant.
2. Upon receipt of such a report, if it appears after investigation that the pupil is a habitual truant, the law enforcement agency shall prepare a written citation directing the pupil to appear in the proper juvenile court.
3. A copy of the citation must be delivered to the pupil and to the parent, guardian or any other person who has control or charge of the pupil by:
(a) The local law enforcement agency;
(b) A school police officer employed by the board of trustees of the school district; or
(c) An attendance officer appointed by the board of trustees of the school district.
4. The citation must be in the form prescribed for misdemeanor citations in NRS 171.1773.
Sec. 8. NRS 392.130 is hereby amended to read as follows:
392.1301. Within the meaning of this chapter, a pupil shall be deemed a truant who is absent from school without [a valid excuse acceptable to] the written approval of his teacher or the principal of the school [.] , unless the pupil is physically or mentally unable to attend school. The teacher or principal shall give his written approval for a pupil to be absent if an emergency exists or upon the request of a parent or legal guardian of the pupil. Before a pupil may attend or otherwise participate in school activities outside the classroom during regular classroom hours, he must receive the approval of the teacher or principal.
2. Absence for any part of a day shall be deemed [absence for the entire day within the meaning] a truancy for the purposes of this section.
3. [The] If a pupil is physically or mentally unable to attend school, the parent or legal guardian or other person having control or charge of the pupil shall notify the teacher or principal of the school orally or in writing within 3 days after the pupil returns to school.
4. An absence which has not been approved pursuant to subsection 1 or 3 shall be deemed an unapproved absence. In the event of an unapproved absence, the teacher, attendance officer or other school official shall deliver or cause to be delivered a written notice of truancy to the parent, legal guardian or other person having control or charge of the child. The written notice must be delivered to the parent, legal guardian or other person who has control of the child. The written notice must inform the parents or legal guardian of such absences in a form specified by the department.
5. As used in this section, "physically or mentally unable to attend" does not include a physical or mental condition for which a pupil is excused pursuant to NRS 392.050.
Sec. 9. NRS 392.140 is hereby amended to read as follows:
392.1401. Any child [shall] who has been declared a truant three or more times within one school year must be declared [an] a habitual truant . [who shall have been deemed a truant three or more times within the school year.]
2. Any child who has once been declared [an] a habitual truant and who in an immediately succeeding year is absent from school without [a valid excuse] the written:
(a) Approval of his teacher or the principal of the school pursuant to subsection 1 of NRS 392.130; or
(b) Notice of his parent or legal guardian or other person who has control or charge over the pupil pursuant to subsection 3 of NRS 392.130,
may again be declared [an] a habitual truant.
Sec. 10. NRS 392.170 is hereby amended to read as follows:
392.170Upon the written complaint of any person, the board of trustees of a school district shall:
1. Make a full and impartial investigation of all charges against parents, guardians or other persons having control or charge of any child [,] who is 17 years of age or younger for violation of any of the provisions of NRS 392.040 to 392.110, inclusive, or 392.130 to 392.160, inclusive, [or 392.040 to 392.110, inclusive.] and sections 3 to 7, inclusive, of this act.
2. Make and file a written report of the investigation and the findings thereof in the records of the board.
Sec. 11. NRS 392.180 is hereby amended to read as follows:
392.180If it appears upon investigation that any parent, guardian or other person having control or charge of any child who is 17 years of age or younger has violated any of the provisions of NRS 392.040 to 392.110, inclusive, or 392.130 to 392.160, inclusive, [or 392.040 to 392.110, inclusive,] and sections 3 to 7, inclusive, of this act, the clerk of the board of trustees, except as otherwise provided in NRS 392.190, shall make and file in the proper court a criminal complaint against the parent, guardian or other person, charging the violation, and shall see that the charge is prosecuted by the proper authority.
Sec. 12. NRS 392.200 is hereby amended to read as follows:
392.200Any taxpayer, school administrator, school officer or deputy school officer in the State of Nevada may make and file in the proper court a criminal complaint against a parent, guardian or other person who has control or charge of any child who is 17 years of age or younger and who violates any of the provisions of law requiring the attendance of children in the public schools of this state.
Sec. 13. NRS 392.215 is hereby amended to read as follows:
392.215Any parent, guardian or other person who, with intent to deceive under NRS 392.040 to 392.110, inclusive, or 392.130 to 392.165, inclusive [:] , and sections 3 to 7, inclusive, of this act:
1. Makes a false statement concerning the age or attendance at school;
2. Presents a false birth certificate or record of attendance at school; or
3. Refuses to furnish a suitable identifying document, record of attendance at school or proof of change of name, upon request by a local law enforcement agency conducting an investigation in response to notification pursuant to subsection 4 of NRS 392.165,
of a child under 17 years of age who is under his control or charge, is guilty of a misdemeanor.
Sec. 14. Chapter 62 of NRS is hereby amended by adding thereto a new section to read as follows:
1. In addition to any other action authorized pursuant to the provisions of this chapter, if a child is found to be in need of supervision because he is a habitual truant, the court shall:
(a) The first time the child is found to be in need of supervision because he is a habitual truant:
(1) Order the child to pay a fine of not more than $100 pursuant to paragraph (l) of subsection 1 of NRS 62.211 and the administrative assessment required by NRS 62.223; and
(2) If the child is 14 years of age or older, order the suspension of the child's driver's license for 30 days. If the child does not possess a driver's license, the court shall prohibit the child from applying for a driver's license for 30 days:
(I) Immediately following the date of the order if the child is eligible to apply for a driver's license; or
(II) After the date he becomes eligible to apply for a driver's license if the child is not eligible to apply for a driver's license.
(b) The second or any subsequent time the child is found to be in need of supervision because he is a habitual truant:
(1) Order the child to:
(I) Pay a fine of not more than $200 pursuant to paragraph (l) of subsection 1 of NRS 62.211 and the administrative assessment required by NRS 62.223;
(II) Perform not more than 10 hours of community service in compliance with the provisions of subsection 3; or
(III) Comply with the requirements set forth in both sub-subparagraphs (I) and (II); and
(2) If the child is 14 years of age or older, order the suspension of the child's driver's license for 60 days. If the child does not possess a driver's license, the court shall prohibit the child from applying for a driver's license for 60 days:
(I) Immediately following the date of the order if the child is eligible to apply for a driver's license; or
(II) After the date he becomes eligible to apply for a driver's license if the child is not eligible to apply for a driver's license.
2. The juvenile court may suspend the payment of a fine ordered pursuant to paragraph (a) of subsection 1 if the child attends school for 60 consecutive school days after the imposition of the fine, or has a valid excuse acceptable to his teacher or the principal for any absence from school within that period.
3. The community service ordered pursuant to subsection 1 must be performed:
(a) For and under the supervising authority of a county, city, town or other political subdivision or agency of this state or a charitable organization that renders service to the community or its residents; and
(b) At the child's school of attendance, if practicable.
4. If the court issues an order suspending a child's driver's license pursuant to subsection 1, the judge shall require the child to surrender to the court all driver's licenses then held by the child. The court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety the licenses, together with a copy of the order.
5. If the court issues an order delaying the ability of a child to apply for a driver's license pursuant to subsection 1, the court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety a copy of the order.
6. The department of motor vehicles and public safety shall report a suspension pursuant to subsection 1 to an insurance company or its agent inquiring about the child's driving record, but such a suspension must not be considered for the purpose of rating or underwriting.
7. The department of motor vehicles and public safety shall not require the child to submit to the tests and other requirements which are adopted by regulation pursuant to subsection 1 of NRS 483.495 as a condition of reinstatement or reissuance after a suspension of his license pursuant to subsection 1.
Sec. 15. NRS 62.132 is hereby amended to read as follows:
62.132[In]
1. Except as otherwise provided in subsection 2, in addition to the information required pursuant to NRS 62.130, a petition alleging that a child is in need of supervision must contain a list of the local programs to which the child was referred, and other efforts taken in the community, to modify the child's behavior. [No] Except as otherwise provided in subsection 2, no court may decree that a child is in need of supervision unless it expressly finds that reasonable efforts were taken in the community to assist the child in ceasing the behavior for which he is alleged to be in need of supervision.
2. The provisions of this section do not apply to a child alleged to be in need of supervision because he is a habitual truant.
Sec. 16. NRS 62.211 is hereby amended to read as follows:
62.211 1. Except as otherwise provided in NRS 62.212 [,] and section 14 of this act, if the court finds that a child is within the purview of this chapter it shall so decree and may:
(a) Place the child under supervision in his own home or in the custody of a suitable person elsewhere, upon such conditions as the court may determine. A program of supervision in the home may include electronic surveillance of the child. The legislature declares that a program of supervision that includes electronic surveillance is intended as an alternative to commitment and not as an alternative to probation, informal supervision or a supervision and consent decree.
(b) Commit the child to the custody of a public or private institution or agency authorized to care for children, or place him in a home with a family. In committing a child to a private institution or agency the court shall select one that is required to be licensed by the department of human resources to care for such children, or, if the institution or agency is in another state, by the analogous department of that state. The court shall not commit a female child to a private institution without prior approval of the superintendent of the Caliente youth center, and shall not commit a male child to a private institution without prior approval of the superintendent of the Nevada youth training center.
(c) Order such medical, psychiatric, psychological or other care and treatment as the court deems to be for the best interests of the child, except as otherwise provided in this section.
(d) Order the parent, guardian, custodian or any other person to refrain from continuing the conduct which, in the opinion of the court, has caused or tended to cause the child to come within or remain under the provisions of this chapter.
(e) If the child is less than 17 years of age, order the parent, guardian or custodian of the child, and any brothers, sisters or other persons living in the same household as the child over whom the court has jurisdiction to attend or participate in counseling, alone or together with the child, including, but not limited to, counseling regarding parenting skills, alcohol or substance abuse or techniques of dispute resolution.
(f) Order the parent or guardian of the child to participate in a program designed to provide restitution to the victim of an act committed by the child or to perform public service.
(g) Order the parent or guardian of the child to pay all or part of the cost of the proceedings, including, but not limited to, reasonable attorney's fees, any costs incurred by the court and any costs incurred in the investigation of an act committed by the child and the taking into custody of the child.
(h) Order the suspension of the child's driver's license for at least 90 days but not more than 2 years. If the child does not possess a driver's license, the court may prohibit the child from receiving a driver's license for at least 90 days but not more than 2 years:
(1) Immediately following the date of the order, if the child is eligible to receive a driver's license.
(2) After the date he becomes eligible to apply for a driver's license, if the child is not eligible to receive a license on the date of the order.
If the court issues an order suspending the driver's license of a child pursuant to this paragraph, the judge shall require the child to surrender to the court all driver's licenses then held by the child. The court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety the licenses, together with a copy of the order. If, pursuant to this paragraph, the court issues an order delaying the ability of a child to receive a driver's license, the court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety a copy of the order. The department of motor vehicles and public safety shall report a suspension pursuant to this paragraph to an insurance company or its agent inquiring about the child's driving record, but such a suspension must not be considered for the purpose of rating or underwriting. The department of motor vehicles and public safety shall not require the child to submit to the tests and other requirements which are adopted by regulation pursuant to subsection 1 of NRS 483.495 as a condition of reinstatement or reissuance after a suspension of his license pursuant to this paragraph, unless the suspension resulted from his poor performance as a driver.
(i) Place the child, when he is not in school, under the supervision of:
(1) A public organization to work on public projects;
(2) A public agency to work on projects to eradicate graffiti; or
(3) A private nonprofit organization to perform other public service.
The person under whose supervision the child is placed shall keep the child busy and well supervised and shall make such reports to the court as it may require. As a condition of such a placement, the court may require the child or his parent or guardian to deposit with the court a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which he performs the work, unless, in the case of industrial insurance, it is provided by the organization or agency for which he performs the work.
(j) Permit the child to reside in a residence without the immediate supervision of an adult, or exempt the child from mandatory attendance at school so that the child may be employed full time, or both, if the child is at least 16 years of age, has demonstrated the capacity to benefit from this placement or exemption and is under the strict supervision of the juvenile division.
(k) Require the child to provide restitution to the victim of the crime which the child has committed.
(l) Impose a fine on the child. If a fine is imposed, the court shall impose an administrative assessment pursuant to NRS 62.223.
2. If the court finds that a child who is less than 17 years of age has committed a delinquent act, the court may order the parent or guardian of the child to pay any fines and penalties imposed for the delinquent act. If the parent or guardian is unable to pay the fines and penalties imposed because of financial hardship, the court may require the parent or guardian to perform community service.
3. In determining the appropriate disposition of a case concerning a child found to be within the purview of this chapter, the court shall consider whether the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim of the act and whether the child is a serious or chronic offender. If the court finds that the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim or that the child is a serious or chronic offender, the court shall include the finding in its order and may, in addition to the options set forth in subsections 1 and 2 of this section and NRS 62.213:
(a) Commit the child for confinement in a secure facility, including a facility which is secured by its staff.
(b) Impose any other punitive measures the court determines to be in the best interests of the public or the child.
4. Except as otherwise provided in section 90.8 of [this act,] Senate Bill No. 325 of this session, at any time, either on its own volition or for good cause shown, the court may terminate its jurisdiction concerning the child.
5. Whenever the court commits a child to any institution or agency pursuant to this section or NRS 62.213, it shall transmit a summary of its information concerning the child and order the administrator of the school that the child last attended to transmit a copy of the child's educational records to the institution or agency. The institution or agency shall give to the court any information concerning the child that the court may require.
6. In determining whether to place a child pursuant to this section in the custody of a person other than his parent, guardian or custodian, preference must be given to any person related within the third degree of consanguinity to the child whom the court finds suitable and able to provide proper care and guidance for the child.
Sec. 17. NRS 62.212 is hereby amended to read as follows:
62.2121. [If] Except as otherwise provided in subsection 3, if the court finds that a child is within the purview of paragraph (a) of subsection 1 of NRS 62.040 and has not previously been the subject of a complaint under NRS 62.128 before committing the acts for which the petition was filed, the court shall:
(a) Admonish the child to obey the law and to refrain from repeating the acts for which the petition was filed, and maintain a record of the admonition; and
(b) Refer the child, without adjudication, to services available in the community for counseling, behavioral modification and social adjustment.
[A] Except as otherwise provided in subsection 3, a child must not be adjudicated to be a child in need of supervision unless a subsequent petition based upon additional facts is filed with the court after admonition and referral pursuant to this subsection.
2. A child who is:
(a) Less than 12 years of age must not be committed to or otherwise placed in the Nevada youth training center or the Caliente youth center.
(b) Not adjudicated to be delinquent must not be committed to or otherwise placed in the Nevada youth training center, the Caliente youth center or any other facility that provides correctional care.
3. The provisions of subsection 1 do not apply to a child alleged to be in need of supervision because he is a habitual truant.
Sec. 18. NRS 62.385 is hereby amended to read as follows:
62.3851. When a child applies for a driver's license, the department of motor vehicles and public safety shall notify the child of the provisions of paragraph (h) of subsection 1 of NRS 62.211, NRS 62.226, 62.227 and 62.228 and sections 2 and 3 of [this act.] Assembly Bill No. 176 of this session and section 14 of this act.
2. After providing the notice pursuant to subsection 1, the department shall require the child to sign an affidavit acknowledging that he is aware that his driver's license may be suspended or revoked pursuant to paragraph (h) of subsection 1 of NRS 62.211, NRS 62.226, 62.227 or 62.228 or section 2 of [this act.] Assembly Bill No. 176 of this session or section 14 of this act.
Sec. 19. NRS 483.460 is hereby amended to read as follows:
483.4601. Except as otherwise provided by statute, the department shall revoke the license, permit or privilege of any driver upon receiving a record of his conviction of any of the following offenses, when that conviction has become final, and the driver is not eligible for a license, permit or privilege to drive for the period indicated:
(a) For a period of 3 years if the offense is:
(1) A violation of subsection 2 of NRS 484.377 or NRS 484.3795 or homicide resulting from driving a vehicle while under the influence of intoxicating liquor or a controlled substance.
(2) A third or subsequent violation within 7 years of NRS 484.379.
(b) For a period of 1 year if the offense is:
(1) Any other manslaughter resulting from the driving of a motor vehicle or felony in the commission of which a motor vehicle is used, including the unlawful taking of a motor vehicle.
(2) Failure to stop and render aid as required under the laws of this state in the event of a motor vehicle accident resulting in the death or bodily injury of another.
(3) Perjury or the making of a false affidavit or statement under oath to the department under NRS 483.010 to 483.630, inclusive, or under any other law relating to the ownership or driving of motor vehicles.
(4) Conviction, or forfeiture of bail not vacated, upon three charges of reckless driving committed within a period of 12 months.
(5) A second violation within 7 years of NRS 484.379 and the driver is not eligible for a restricted license during any of that period.
(6) A violation of NRS 484.348.
(c) For a period of 90 days, if the offense is a first violation within 7 years of NRS 484.379.
2. The department shall revoke the license, permit or privilege of a driver convicted of violating NRS 484.379 who fails to complete the educational course on the use of alcohol and controlled substances within the time ordered by the court and shall add a period of 90 days during which the driver is not eligible for a license, permit or privilege.
3. When the department is notified by a court that a person who has been convicted of violating NRS 484.379 has been permitted to enter a program of treatment pursuant to NRS 484.3794, the department shall reduce by half the period during which he is not eligible for a license, permit or privilege to drive, but shall restore that reduction in time if notified that he was not accepted for or failed to complete the treatment.
4. The department shall revoke the license, permit or privilege of a driver who is required to install a device pursuant to NRS 484.3943 but operates a motor vehicle without such a device:
(a) For 1 year if it is his first such offense during the period of required use of the device.
(b) For 5 years if it is his second such offense during the period of required use of the device.
5. When the department is notified that a court has:
(a) Pursuant to paragraph (h) of subsection 1 of NRS 62.211, NRS 62.226 or 62.228, or section 2 of [this act,] Assembly Bill No. 176 of this session or section 14 of this act, ordered the suspension or delay in issuance of a child's license;
(b) Pursuant to NRS 206.330, ordered the suspension or delay in issuance of a person's license; or
(c) Pursuant to NRS 62.227, ordered the revocation of a child's license,
the department shall take such actions as are necessary to carry out the court's order.
Sec. 20. NRS 483.490 is hereby amended to read as follows:
483.4901. Except as otherwise provided in subsections 2 and 3, after a driver's license has been suspended or revoked for an offense other than a second violation within 7 years of NRS 484.379 and half the period during which the driver is not eligible for a license has expired, the department may, unless the statute authorizing the suspension prohibits the issuance of a restricted license, issue a restricted driver's license to an applicant permitting the applicant to drive a motor vehicle:
(a) To and from work or in the course of his work, or both; or
(b) To acquire supplies of medicine or food or receive regularly scheduled medical care for himself or a member of his immediate family.
Before a restricted license may be issued, the applicant must submit sufficient documentary evidence to satisfy the department that a severe hardship exists because the applicant has no alternative means of transportation and that the severe hardship outweighs the risk to the public if he is issued a restricted license.
2. After a driver's license has been revoked pursuant to subsection 1 of NRS 62.227 or suspended pursuant to paragraph (h) of subsection 1 of NRS 62.211, NRS 62.226 or 62.228, or section 2 of [this act,] Assembly Bill No. 176 of this session or section 14 of this act, the department may issue a restricted driver's license to an applicant permitting the applicant to drive a motor vehicle:
(a) If applicable, to and from work or in the course of his work, or both; and
(b) If applicable, to and from school.
3. After a driver's license has been suspended pursuant to NRS 483.443, the department may issue a restricted driver's license to an applicant permitting the applicant to drive a motor vehicle:
(a) If applicable, to and from work or in the course of his work, or both;
(b) To receive regularly scheduled medical care for himself or a member of his immediate family; and
(c) If applicable, as necessary to exercise a court-ordered right to visit a child.
4. A driver who violates a condition of a restricted license issued pursuant to subsection 1 or by another jurisdiction is guilty of a misdemeanor, and if his license was suspended or revoked for a violation of NRS 484.379, 484.3795, 484.384 or a homicide resulting from driving a vehicle while under the influence of intoxicating liquor or a controlled substance, or the violation of a law of any other jurisdiction which prohibits the same conduct, he shall be punished in the manner provided pursuant to subsection 2 of NRS 483.560.
5. The periods of suspensions and revocations required pursuant to this chapter and NRS 484.384 must run consecutively, except as otherwise provided in NRS 483.465 and 483.475, when the suspensions must run concurrently.
6. Whenever the department suspends or revokes a license, the period of suspension, or of ineligibility for a license after the revocation, begins upon the effective date of the revocation or suspension as contained in the notice thereof.
Sec. 21. NRS 483.495 is hereby amended to read as follows:
483.495The department shall by regulation:
1. Except as otherwise provided in paragraph (h) of subsection 1 of NRS 62.211, NRS 62.227 , [and] section 3 of [this act,] Assembly Bill No. 176 of this session and subsection 7 of section 14 of this act, set forth any tests and other requirements which are a condition for the reinstatement of a license after any suspension, revocation, cancellation or voluntary surrender of the license. The tests and requirements:
(a) Must provide for a fair evaluation of the ability of a person to operate a motor vehicle; and
(b) May allow for the waiver of certain tests or requirements as the department deems necessary.
2. Set forth the circumstances under which the administrator may, for good cause shown, rescind the revocation, suspension or cancellation of a license, or shorten the period for the suspension of a license.
Sec. 22. NRS 483.580 is hereby amended to read as follows:
483.580A person shall not cause or knowingly permit his child or ward under the age of 18 years to drive a motor vehicle upon any highway when the minor is not authorized under the provisions of NRS 483.010 to 483.630, inclusive, or is in violation of any of the provisions of NRS 483.010 to 483.630, inclusive, or if his license is revoked or suspended pursuant to paragraph (h) of subsection 1 of NRS 62.211, NRS 62.226, 62.227 or 62.228 or section 2 of [this act.] Assembly Bill No. 176 of this session or section 14 of this act.
Sec. 23. Section 2 of Assembly Bill No. 39 of this session is hereby amended to read as follows:

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

62.211 1. Except as otherwise provided in NRS 62.212 , [and] section 14 of [this act,] Assembly Bill No. 486 of this session and section 1 of this act, if the court finds that a child is within the purview of this chapter it shall so decree and may:

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

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

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

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

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

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

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

(h) Order the suspension of the child's driver's license for at least 90 days but not more than 2 years. If the child does not possess a driver's license, the court may prohibit the child from receiving a driver's license for at least 90 days but not more than 2 years:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Section 1. NRS 62.211 is hereby amended to read as follows:

62.211 1. Except as otherwise provided in NRS 62.212, section 14 of Assembly Bill No. 486 of this session and section 1 of [this act,] Assembly Bill No. 39 of this session, if the court finds that a child is within the purview of this chapter it shall so decree and may:

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

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

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

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

(e) If the child is less than [17] 18 years of age, order [the] :

(1) The parent, guardian or custodian of the child [, and any brothers, sisters] ; and

(2) Any brother, sister or other [persons] person who is living in the same household as the child over whom the court has jurisdiction to attend or participate in counseling, [alone or together] with or without the child, including, but not limited to, counseling regarding parenting skills, alcohol or substance abuse , or techniques of dispute resolution.

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

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

(h) Order the suspension of the child's driver's license for at least 90 days but not more than 2 years. If the child does not possess a driver's license, the court may prohibit the child from receiving a driver's license for at least 90 days but not more than 2 years:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sec. 11. NRS 62.211 is hereby amended to read as follows:

62.211 1. Except as otherwise provided in NRS 62.212, section 14 of Assembly Bill No. 486 of this session and section 1 of Assembly Bill No. 39 of this session, if the court finds that a child is within the purview of this chapter it shall so decree and may:

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

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

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

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

(e) If the child is less than 18 years of age, order:

(1) The parent, guardian or custodian of the child; and

(2) Any brother, sister or other person who is living in the same household as the child over whom the court has jurisdiction to attend or participate in counseling, with or without the child, including, but not limited to, counseling regarding parenting skills, alcohol or substance abuse, or techniques of dispute resolution.

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

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

(h) Order the suspension of the child's driver's license for at least 90 days but not more than 2 years. If the child does not possess a driver's license, the court may prohibit the child from receiving a driver's license for at least 90 days but not more than 2 years:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

4. Except as otherwise provided in section 90.8 of Senate Bill No. 325 of this session [,] and section 7 of this act, at any time, either on its own volition or for good cause shown, the court may terminate its jurisdiction concerning the child.

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

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

Section 1. NRS 62.211 is hereby amended to read as follows:

62.211 1. Except as otherwise provided in NRS 62.212, section 14 of Assembly Bill No. 486 of this session and section 1 of Assembly Bill No. 39 of this session, if the court finds that a child is within the purview of this chapter it shall so decree and may:

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

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

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

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

(e) If the child is less than 18 years of age, order:

(1) The parent, guardian or custodian of the child; and

(2) Any brother, sister or other person who is living in the same household as the child over whom the court has jurisdiction to attend or participate in counseling, with or without the child, including, but not limited to, counseling regarding parenting skills, alcohol or substance abuse, or techniques of dispute resolution.

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

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

(h) Order the suspension of the child's driver's license for at least 90 days but not more than 2 years. If the child does not possess a driver's license, the court may prohibit the child from receiving a driver's license for at least 90 days but not more than 2 years:

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

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

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

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

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

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

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

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

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

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

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

(m) If the child has not previously been found to be within the purview of this chapter and if the act for which the child is found to be within the purview of this chapter did not involve the use or threatened use of force or violence, order the child to participate in a publicly or privately operated program of sports or physical fitness. If the court orders the child to participate in such a program, the court may order any or all of the following, in the following order of priority if practicable:

(1) The parent or guardian of the child, to the extent of his financial ability, to pay the costs associated with the participation of the child in the program, including, but not limited to, a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property during those periods in which the child participates in the program;

(2) The child to work on projects or perform public service pursuant to paragraph (i) for a period that reflects the costs associated with the participation of the child in the program; or

(3) The county in which the petition alleging the child to be delinquent or in need of supervision is filed to pay the costs associated with the participation of the child in the program.

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

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

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

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

4. Except as otherwise provided in section 90.8 of Senate Bill No. 325 of this session and section 7 of [this act,] Senate Bill No. 102 of this session, at any time, either on its own volition or for good cause shown, the court may terminate its jurisdiction concerning the child.

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

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

Section 1. NRS 483.460 is hereby amended to read as follows:

483.460

1. Except as otherwise provided by statute, the department shall revoke the license, permit or privilege of any driver upon receiving a record of his conviction of any of the following offenses, when that conviction has become final, and the driver is not eligible for a license, permit or privilege to drive for the period indicated:

(a) For a period of 3 years if the offense is:

(1) A violation of subsection 2 of NRS 484.377 . [or NRS 484.3795 or homicide resulting from driving a vehicle while under the influence of intoxicating liquor or a controlled substance.]

(2) A third or subsequent violation within 7 years of NRS 484.379.

(3) A violation of NRS 484.3795 or homicide resulting from driving a vehicle while under the influence of intoxicating liquor or a controlled substance.

The period during which such a driver is not eligible for a license, permit or privilege to drive must be set aside during any period of imprisonment and the period of revocation must resume upon completion of the period of imprisonment or when the person is placed on residential confinement.

(b) For a period of 1 year if the offense is:

(1) Any other manslaughter resulting from the driving of a motor vehicle or felony in the commission of which a motor vehicle is used, including the unlawful taking of a motor vehicle.

(2) Failure to stop and render aid as required [under] pursuant to the laws of this state in the event of a motor vehicle accident resulting in the death or bodily injury of another.

(3) Perjury or the making of a false affidavit or statement under oath to the department under NRS 483.010 to 483.630, inclusive, or [under] pursuant to any other law relating to the ownership or driving of motor vehicles.

(4) Conviction, or forfeiture of bail not vacated, upon three charges of reckless driving committed within a period of 12 months.

(5) A second violation within 7 years of NRS 484.379 and , except as otherwise provided in subsection 3 of NRS 483.490, the driver is not eligible for a restricted license during any of that period.

(6) A violation of NRS 484.348.

(c) For a period of 90 days, if the offense is a first violation within 7 years of NRS 484.379.

2. The department shall revoke the license, permit or privilege of a driver convicted of violating NRS 484.379 who fails to complete the educational course on the use of alcohol and controlled substances within the time ordered by the court and shall add a period of 90 days during which the driver is not eligible for a license, permit or privilege.

3. When the department is notified by a court that a person who has been convicted of violating NRS 484.379 has been permitted to enter a program of treatment pursuant to NRS 484.3794, the department shall reduce by [half] one-half the period during which he is not eligible for a license, permit or privilege to drive, but shall restore that reduction in time if notified that he was not accepted for or failed to complete the treatment.

4. The department shall revoke the license, permit or privilege of a driver who is required to install a device pursuant to NRS 484.3943 but operates a motor vehicle without such a device:

(a) For [1 year] 3 years if it is his first such offense during the period of required use of the device.

(b) For 5 years if it is his second such offense during the period of required use of the device.

5. A driver whose license, permit or privilege is revoked pursuant to subsection 4 is not eligible for a restricted license during the period set forth in paragraph (a) or (b) of that subsection, whichever is applicable.

6. When the department is notified that a court has:

(a) Pursuant to paragraph (h) of subsection 1 of NRS 62.211, NRS 62.226 or 62.228, or section 2 of Assembly Bill No. 176 of this session or section 14 of [this act,] Assembly Bill No. 486 of this session, ordered the suspension or delay in issuance of a child's license;

(b) Pursuant to NRS 206.330, ordered the suspension or delay in issuance of a person's license; or

(c) Pursuant to NRS 62.227, ordered the revocation of a child's license,

the department shall take such actions as are necessary to carry out the court's order.

7. As used in this section, "device" has the meaning ascribed to it in NRS 484.3941.

Sec. 2. NRS 483.490 is hereby amended to read as follows:

483.490

1. Except as otherwise provided in [subsections 2 and 3,] this section, after a driver's license has been suspended or revoked for an offense other than a second violation within 7 years of NRS 484.379 and [half] one-half of the period during which the driver is not eligible for a license has expired, the department may, unless the statute authorizing the suspension prohibits the issuance of a restricted license, issue a restricted driver's license to an applicant permitting the applicant to drive a motor vehicle:

(a) To and from work or in the course of his work, or both; or

(b) To acquire supplies of medicine or food or receive regularly scheduled medical care for himself or a member of his immediate family.

Before a restricted license may be issued, the applicant must submit sufficient documentary evidence to satisfy the department that a severe hardship exists because the applicant has no alternative means of transportation and that the severe hardship outweighs the risk to the public if he is issued a restricted license.

2. A person who has been ordered to install a device in a motor vehicle which he owns or operates pursuant to NRS 484.3943:

(a) Shall install the device not later than 21 days after the date on which the order was issued; and

(b) May not receive a restricted license pursuant to this section until:

(1) After at least 180 days of the period during which he is not eligible for a license, if he was convicted of a violation of subsection 2 of NRS 484.377, a violation of NRS 484.3795 or homicide resulting from driving a vehicle while under the influence of intoxicating liquor or a controlled substance or if he was convicted of a third violation within 7 years of NRS 484.379;

(2) After at least 90 days of the period during which he is not eligible for a license, if he was convicted of a second violation within 7 years of NRS 484.379; or

(3) After at least 45 days of the period during which he is not eligible for a license, if he was convicted of a first violation within 7 years of NRS 484.379.

3. If the department has received a copy of an order requiring a person to install a device in a motor vehicle which he owns or operates pursuant to NRS 484.3943, the department shall not issue a restricted driver's license to such a person pursuant to this section unless the applicant has submitted proof of compliance with the order and subsection 2.

4. After a driver's license has been revoked pursuant to subsection 1 of NRS 62.227 or suspended pursuant to paragraph (h) of subsection 1 of NRS 62.211, NRS 62.226 or 62.228, or section 2 of Assembly Bill No. 176 of this session or section 14 of [this act,] Assembly Bill No. 486 of this session, the department may issue a restricted driver's license to an applicant permitting the applicant to drive a motor vehicle:

(a) If applicable, to and from work or in the course of his work, or both; and

(b) If applicable, to and from school.

[3.] 5. After a driver's license has been suspended pursuant to NRS 483.443, the department may issue a restricted driver's license to an applicant permitting the applicant to drive a motor vehicle:

(a) If applicable, to and from work or in the course of his work, or both;

(b) To receive regularly scheduled medical care for himself or a member of his immediate family; and

(c) If applicable, as necessary to exercise a court-ordered right to visit a child.

[4.] 6. A driver who violates a condition of a restricted license issued pursuant to subsection 1 or by another jurisdiction is guilty of a misdemeanor, and if his license was suspended or revoked for a violation of NRS 484.379, 484.3795, 484.384 or a homicide resulting from driving a vehicle while under the influence of intoxicating liquor or a controlled substance, or the violation of a law of any other jurisdiction which prohibits the same conduct, he shall be punished in the manner provided pursuant to subsection 2 of NRS 483.560.

[5.] 7. The periods of suspensions and revocations required pursuant to this chapter and NRS 484.384 must run consecutively, except as otherwise provided in NRS 483.465 and 483.475, when the suspensions must run concurrently.

[6.] 8. Whenever the department suspends or revokes a license, the period of suspension, or of ineligibility for a license after the revocation, begins upon the effective date of the revocation or suspension as contained in the notice thereof.

"An Act relating to pupils; requiring the boards of trustees of school districts to create advisory boards to review school attendance; requiring the principal of a school to report to the appropriate local law enforcement agency the name of any pupil enrolled in the school who is a habitual truant; requiring a juvenile court to take certain actions against a pupil who is found to be a habitual truant; requiring the board of trustees of each school district to conduct a study to determine the feasibility of establishing a policy that requires pupils to remain on the school grounds during the period the pupils are required to be in school; making an appropriation; and providing other matters properly relating thereto.".

Assembly Bill No. 622.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 1276.
Amend sec. 2, page 2, line 44, after "preceding" by inserting "regular".
Amend sec. 2, page 3, line 3, after "preceding" by inserting "regular".
Amend sec. 2, page 3, line 6, after "preceding" by inserting "regular".
Amend sec. 2, page 3, line 10, after "preceding" by inserting "regular".
Amend sec. 2, page 3, by deleting lines 11 through 16 and inserting:
"2. The chairmanship of the committee must alternate between the houses of the legislature as follows:
(a) The majority leader of the senate shall:
(1) Select a person from the members appointed pursuant to paragraphs (c) and (d) of subsection 1 to serve as chairman for the period ending with the adjournment sine die of the 70th session of the legislature; and
(2) Select a person from the members appointed pursuant to paragraphs (c) and (d) of subsection 1 to serve as chairman in each subsequent period beginning with the adjournment sine die of each odd-numbered regular session of the legislature and ending with the adjournment sine die of each even-numbered regular session of the legislature; and
(b) The speaker of the assembly shall select a person from the members appointed pursuant to paragraphs (a) and (b) of subsection 1 to serve as chairman in each period beginning with the adjournment sine die of each even-numbered regular session of the legislature and ending with the adjournment sine die of each odd-numbered regular session of the legislature.".
Amend sec. 2, page 3, line 19, after "next " by inserting "regular".
Amend sec. 9, page 9, by deleting lines 4 and 5 and inserting:
"Sec. 9. This act becomes effective upon passage and approval and expires by limitation on".
Senator Townsend moved the adoption of the amendment.
Remarks by Senator Townsend.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.

Sec. 13. NRS 176.185 is hereby amended to read as follows:

176.185 1. Except as otherwise provided in this section and section 7 of [this act,] Senate Bill No. 5 of this session, if a person is found guilty in a district court [of a crime] upon verdict or plea [, except in cases of murder] of:

(a) Murder of the first or second degree, kidnaping in the first degree, sexual assault, attempted sexual assault of a child who is less than 16 years of age, an offense for which the suspension of sentence or the granting of probation is expressly forbidden, or if the person is found to be a habitual criminal pursuant to NRS 207.010, a habitually fraudulent felon pursuant to NRS 207.014 or a habitual felon pursuant to NRS 207.012, the court [:

(a) If the person is found guilty of a] shall not suspend the execution of the sentence imposed or grant probation to the person.

(b) A category E felony, except as otherwise provided in this paragraph, the court shall suspend the execution of the sentence imposed and grant probation to the person . [pursuant to NRS 193.130; or

(b) If the person is found guilty of any other] The court may, as it deems advisable, decide not to suspend the execution of the sentence imposed and grant probation to the person if, at the time the crime was committed, the person:

(1) Was serving a term of probation, whether in this state or elsewhere, for a felony conviction;

(2) Had previously had his probation revoked, whether in this state or elsewhere, for a felony conviction; or

(3) Had previously been two times convicted, whether in this state or elsewhere, of a crime that under the laws of the situs of the crime or of this state would amount to a felony.

If the person denies the existence of a previous conviction, the court shall determine the issue of the previous conviction after hearing all relevant evidence presented on the issue by the prosecution and the person. At such a hearing, the person may not challenge the validity of a previous conviction. For the purposes of this subparagraph, a certified copy of a felony conviction is prima facie evidence of conviction of a prior felony.

(c) Another felony, a gross misdemeanor or a misdemeanor, the court may suspend the execution of the sentence imposed and grant probation as the court deems advisable.

2. In determining whether to place a person on probation, the court shall not consider whether the person has the financial ability to participate in a program of probation secured by a surety bond established pursuant to NRS 176.1851 to 176.18525, inclusive.

3. The court shall consider the standards adopted pursuant to NRS 213.10988 and the recommendation of the chief parole and probation officer, if any, in determining whether to grant probation.

4. If the court determines that a defendant is otherwise eligible for probation but requires more supervision than would normally be provided to a person granted probation, the court may, in lieu of sentencing him to a term of imprisonment, grant him probation pursuant to the program of intensive supervision established pursuant to NRS 176.198.

5. The court shall not, except as otherwise provided in this subsection, grant probation to a person convicted of a felony until the court receives a written report from the chief parole and probation officer. The chief parole and probation officer shall submit a written report not later than 45 days following a request for a probation investigation from the county clerk, but if a report is not submitted by the chief parole and probation officer within 45 days the district judge may grant probation without the written report.

6. If the court determines that a defendant is otherwise eligible for probation, the court shall when determining the conditions of that probation consider the imposition of such conditions as would facilitate timely payments by the defendant of his obligation, if any, for the support of a child and the payment of any such obligation which is in arrears.

Sec. 92. Chapter 207 of NRS is hereby amended by adding thereto a new section to read as follows:

1. Except as otherwise provided in subsection 4, if a person is convicted of coercion or attempted coercion in violation of paragraph (a) of subsection 2 of NRS 207.190, the court shall, at the request of the prosecuting attorney, conduct a separate hearing to determine whether the offense was sexually motivated. A request for such a hearing may not be submitted to the court unless the prosecuting attorney, not less than 72 hours before the commencement of the trial, files and serves upon the defendant a written notice of his intention to request such a hearing.

2. A hearing requested pursuant to subsection 1 must be conducted before:

(a) The court imposes its sentence; or

(b) A separate penalty hearing is conducted.

3. At the hearing, only evidence concerning the question of whether the offense was sexually motivated may be presented. The prosecuting attorney must prove beyond a reasonable doubt that the offense was sexually motivated.

4. A person may stipulate that his offense was sexually motivated before a hearing held pursuant to subsection 1 or as part of an agreement to plead nolo contendere, guilty or guilty but mentally ill.

5. The court shall enter in the record:

(a) Its finding from a hearing held pursuant to subsection 1; or

(b) A stipulation made pursuant to subsection 4.

6. For the purposes of this section, an offense is "sexually motivated" if one of the purposes for which the person committed the offense was his sexual gratification.

Sec. 95. NRS 213.107 is hereby amended to read as follows:

213.107 As used in NRS 213.107 to 213.157, inclusive, [and] section 2 of [this act,] Senate Bill No. 17 of this session and section 94 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. 104. 1. Except as otherwise provided in subsection 2, this act becomes effective on July 1, 1997.

2. [Section 91.3] Sections 91.3 and 95 of this act [becomes] become effective at 12:01 a.m. on July 1, 1997.

Sec. 9. NRS 213.107 is hereby amended to read as follows:

213.107 As used in NRS 213.107 to 213.157, inclusive, section 2 of Senate Bill No. 17 of this session, section 94 of Senate Bill No. 325 of this session , [and] section 10 of [this act,] Senate Bill No. 5 of this session and section 8 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. 2. NRS 213.107 is hereby amended to read as follows:

213.107 As used in NRS 213.107 to 213.157, inclusive, section 2 of Senate Bill No. 17 of this session, section 94 of Senate Bill No. 325 of this session, section 10 of Senate Bill No. 5 of this session , [and] section 8 of [this act,] Senate Bill No. 402 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. 6. Section 2 of this act becomes effective at 12:02 a.m. on October 1, 1997.

For the fiscal year 1997-1998 $48,891

For the fiscal year 1998-1999 $57,383

For the fiscal year 1997-1998 $7,722

For the fiscal year 1998-1999 $4,929

TEXT OF REPEALED SECTION

200.375 Limitations on parole.
1. A person convicted of sexual assault or attempted sexual assault may not be paroled unless a board consisting of:
(a) The administrator of the mental hygiene and mental retardation division of the department of human resources;
(b) The director of the department of prisons; and
(c) A psychologist licensed to practice in the State of Nevada or a psychiatrist licensed to practice medicine in the State of Nevada,
certifies that the person so convicted was under observation while confined in an institution of the department of prisons and is not a menace to the health, safety or morals of others.
2. A person who has been certified pursuant to subsection 1 who returns for any reason to the custody of the department of prisons may not be paroled unless a board recertifies him in the manner set forth in subsection 1.
3. The board may revoke the certification of an offender certified pursuant to this section at any time.
4. This section does not create a right in any person to be certified or continue to be certified and no person may bring a cause of action against the state, its political subdivisions, agencies, boards, commissions, departments, officers or employees for not certifying or refusing to place a person before a board for certification pursuant to this section.
5. For the purposes of this section, the administrator and the director may each designate a person to represent him on the board.".
Amend the title of the bill, fourth line, after "probation;" by inserting "making appropriations;".
Amend the summary of the bill, second line, by deleting the period and inserting:
"and makes appropriations to carry out provisions of this act.".
Senator James moved that the Senate concur in the Assembly amendments to Senate Bill No. 5.
Remarks by Senator James.
Motion carried.
Bill ordered enrolled.

Senate Bill No. 208.
The following Assembly amendment was read:
Amendment No. 1164.
Amend sec. 8, page 6, by deleting lines 3 through 7 and inserting:
"9. Any party to the appeal before the committee may appeal the decision of the committee to grant or deny the petition to the district court. A party must file such an appeal not later than 20 days after the date of the decision of the committee.".
Amend sec. 10, page 7, by deleting lines 3 through 19.
Amend sec. 14, page 10, line 18, after "establishment" by inserting:
"within a gaming enterprise district".
Amend sec. 14, page 10, line 19, after "is" by inserting "also".
Amend sec. 19, page 13, by deleting lines 3 and 4 and inserting:
"Sec. 19. The amendatory provisions of this act do not apply to:
1. An establishment that holds a nonrestricted license for a resort hotel on the".
Amend sec. 19, page 13, by deleting lines 8 through 10 and inserting:
"owned or leased, on the effective date of this act, by the same person or entity, or any affiliate of the person or entity, which owns or leases the property on which the establishment is located; or
2. The location of a proposed establishment if:
(a) The property line of the proposed establishment is:
(1) Within 1,500 feet from the centerline of the Boulder Highway;
(2) South of the intersection of the Boulder Highway and Race Track Road; and
(3) North of the northern edge line of Railroad Pass; and
(b) The local governing body having jurisdiction over the location of the proposed establishment granted all approvals for land use for the proposed establishment before the effective date of this act and those approvals were unexpired on that date.".
Amend sec. 21, page 13, line 20, by deleting:
"2, 3 and 4," and inserting:
"2 to 6, inclusive,".
Amend sec. 21, page 13, line 28, by deleting "1999," and inserting "1998,".
Amend sec. 21, page 13, by deleting line 43 and inserting:
"5. The provisions of subsection 1 do not apply to a location that was designated a gaming enterprise district before June 28, 1997, if the location:
(a) Is 20 contiguous acres or more and was located in the unincorporated area of the county on the effective date of this act;
(b) Is within 1,500 feet from an interstate highway interchange that was located in the unincorporated area of the county on the effective date of this act;
(c) Is within 1,500 feet from the Las Vegas Boulevard gaming corridor; and
(d) Is within 1,500 feet from a parcel of land on which a licensed resort hotel was operated or located within the 2 years immediately preceding the effective date of this act.
6. The provisions of subsection 1 do not apply to a location that was designated a gaming enterprise district before June 28, 1997, if the location:
(a) Is owned or leased by a nonrestricted licensee or its affiliate;
(b) Is 20 contiguous acres or more and was located in the unincorporated area of the county on the effective date of this act; and
(c) Is within 1,500 feet from a parcel of land on which a licensed resort hotel was operated or located on the effective date of this act.
7. If the designation of a location as a gaming enterprise district expires".
Senator James moved that the Senate concur in the Assembly amendment to Senate Bill No. 208.
Remarks by Senator James.
Motion carried.
Bill ordered enrolled.

Senate Bill No. 253.
The following Assembly amendments were read:
Amendment No. 838.
Amend sec. 3, page 2, line 2, by deleting "nine" and inserting "10 ".
Amend sec. 3, page 2, line 10, after "(c)" by inserting:
"One member of the committee on local government finance created pursuant to NRS 266.0165 appointed by the Nevada School Trustees Association;
(d)".
Amend sec. 3, page 2, line 12, by deleting "(d)" and inserting "(e)".
Amend sec. 3, page 2, line 14, by deleting "(e)" and inserting "(f)".
Amend sec. 3, page 2, by deleting line 17 and inserting:
"committee. When meeting as the advisory committee, the members shall comply with the provisions of chapter 241 of NRS.".
Amend sec. 5, page 3, line 21, by deleting "review the" and inserting:
"review:
(a) The".
Amend sec. 5, page 3, line 23, by deleting "(a)" and inserting "(1)".
Amend sec. 5, page 3, line 24, by deleting "(b)" and inserting "(2)".
Amend sec. 5, page 3, line 26, by deleting "(c)" and inserting "(3)".
Amend sec. 5, page 3, line 27, by deleting "(d)" and inserting "(4)".
Amend sec. 5, page 3, line 28, by deleting "(e)" and inserting "(5)".
Amend sec. 5, page 3, line 29, by deleting "(f)" and inserting "(6)".
Amend sec. 5, page 3, line 31, by deleting "(g)" and inserting "(7)".
Amend sec. 5, page 3, line 33, by deleting "(h)" and inserting:
"(8) Property taxes imposed pursuant to chapter 361 of NRS;
(9)".
Amend sec. 5, page 3, line 35, by deleting "(i)" and inserting "(10)".
Amend sec. 5, page 3, between lines 35 and 36, by inserting:
"(b) The proper crediting of gasoline tax revenue if the collection is moved to the terminal rack level.".
Amendment No. 1115.
Amend sec. 5, page 3, line 16, by deleting "shall review" and inserting:
"shall:
(a) Review".
Amend sec. 5, page 3, between lines 22 and 23, by inserting:
"(b) Study whether removing the authority of the board of county commissioners of Washoe County to impose a certain additional vehicle privilege tax is a prudent act which is in the best interests of this state.".
Amend sec. 5, page 3, line 44, by deleting "review;" and inserting:
"review and study;".
Amend sec. 5, page 4, line 5, by deleting:
"investigations and review;" and inserting:
"investigations, review and study;".
Amend sec. 5, page 4, line 6, by deleting "review," and inserting:
"review and study,".
Amendment No. 1240.
Amend sec. 5, page 4, between lines 3 and 4 by inserting:
"(b) Contract with one or more consultants to obtain technical advice concerning the study conducted pursuant to section 5.5 of this act.".
Amend sec. 5, page 4, line 4, by deleting "(b)" and inserting "(c)".
Amend sec. 5, page 4, line 7, by deleting "(c)" and inserting "(d)".
Amend sec. 5, page 4, line 9, by deleting "(d)" and inserting "(e)".
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. 1. The committee shall appoint a subcommittee to conduct a 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.
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 committee 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.".
Senator Augustine moved that the Senate concur in the Assembly amendments to Senate Bill No. 253.
Remarks by Senator Augustine.
Motion carried.
Bill ordered enrolled.

Senate Bill No. 488.
The following Assembly amendments were read:
Amendment No. 1195.
Amend the bill as a whole by renumbering section 1 as sec. 1.5 and adding a new section designated section 1, following the enacting clause, to read as follows:
"Section 1. NRS 467.040 is hereby amended to read as follows:
467.040 1. The commission may employ an executive director, who must not be a member of the commission.
2. Except as otherwise provided in NRS 467.080 [and 467.135,] , 467.135 and 467.158, all money received by the executive director or the commission pursuant to the provisions of this chapter must be deposited with the state treasurer for credit to the state general fund.".
Amend sec. 3, page 3, by deleting lines 27 through 30 and inserting:
"(b) The commission shall deposit:
(1) An amount equal to 40 percent of the penalty imposed with the state treasurer for credit to the account for aid for victims of domestic violence created pursuant to NRS 217.440; and
(2) An amount equal to 40 percent of the penalty imposed with the state treasurer for credit to the fund for abused and neglected children created pursuant to section 4 of this act.
The remainder of the penalty imposed must be accounted for and used in the same manner as money".
Amend the title of the bill by deleting the seventh through eleventh lines and inserting:
"contests or exhibitions of unarmed combat to be deposited into the fund for abused and neglected children and the account for aid for victims of domestic violence; and providing other matters properly relating thereto.".
Amendment No. 1239.
Amend the bill as a whole by deleting section 1 and renumbering sec. 1.5 as section 1.
Amend sec. 2, page 2, by deleting lines 39 through 41 and inserting:
"the money over to the commission. Subject to the provisions of subsection 5, the money must be deposited with the state".
Amend sec. 3, page 3, by deleting lines 29 through 41 and inserting:
"5. If a penalty is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorney's fees, may be recovered by the commission.".
Amend the bill as a whole by deleting sec. 4 and renumbering sections 5 and 6 as sections 4 and 5.
Amend the title of the bill by deleting the fifth through eighth lines and inserting:
"involved in unarmed combat is entitled;".
Senator James moved that the Senate concur in the Assembly amendments to Senate Bill No. 488.
Motion carried.
Bill ordered enrolled.

William J. Raggio,

Chairman

Assembly Chamber, Carson City, July 6, 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. 451, 491.
Also, I have the honor to inform your honorable body that the Assembly amended, and on this day passed, as amended, Senate Bill No. 312.
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. 148.
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. 209.
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. 356.
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. 398.
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. 489.
Also, I have the honor to inform your honorable body that the Assembly on this day appointed Assemblymen Carpenter, Giunchigliani and Lambert as a first Committee on Conference concerning Assembly Bill No. 525.

Jacqueline Sneddon

Assistant Chief Clerk of the Assembly

Senator Raggio moved that the Senate adjourn until Monday, July 7, 1997 at 12:30 a.m.
Motion carried.

Senate adjourned at 11:20 p.m.

Approved:

Lonnie L. Hammargren, M.D.

President of the Senate

Attest: Janice L. Thomas
Secretary of the Senate