NEVADA LEGISLATURE

Sixty-ninth Session, 1997

SENATE DAILY JOURNAL

THE SIXTIETH DAY

Carson City (Thursday), March 20, 1997

Senate called to order at 11:08 a.m.
President Hammargren presiding.
Roll called.
All present except Senator Rhoads who was excused.
Prayer by the Chaplain, The Reverend Ruth Hanusa.
Dear God, today, we thank You for all people who by their vocations protect our community from the ravages of fire: for firefighters who risk their lives for people whom they don't know and maybe would not like if they did; for their families who love them enough to let them follow their bliss; for those who support firefighters' efforts and sustain them in their work. And we pray for this assembled body - for senators and secretaries, for sergeants, reporters and lobbyists, all those who also spend their lives working for the good of Nevada's citizens both known and unknown. Give them wisdom and courage. Bless and keep them and sustain them.

Amen.

Pledge of allegiance to the Flag.

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

REPORTS OF COMMITTEES

Mr. President:
Your Committee on Government Affairs, to which were referred Senate Bill No. 136; Assembly Joint Resolution No. 13 of the 68th Session, 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 Government Affairs, to which was referred Senate Bill No. 188, has had the same under consideration, and begs leave to report the same back with the recommendation: Re-refer to the Committee on Finance.

Ann O'Connell,

Chairman

Mr. President:
Your Committee on Government Affairs, to which were referred Senate Bill No. 39; Assembly Bill No. 98, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Ann O'Connell,

Chairman

Mr. President:
Your Committee on Human Resources and Facilities, to which was referred Senate Bill No. 140, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and re-refer to the Committee on Human Resources and Facilities.

Raymond D. Rawson,

Chairman

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, March 19, 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. 48.
Also, I have the honor to inform your honorable body that the Assembly on this day passed Assembly Bills Nos. 224, 237.
Also, I have the honor to inform your honorable body that the Assembly on this day passed Assembly Joint Resolution No. 14 of the 68th Session.
Jacqueline Sneddon

Assistant Chief Clerk of the Assembly

MOTIONS, RESOLUTIONS AND NOTICES

By Senators Mathews, Adler, Augustine, Coffin, Jacobsen, James, McGinness, Neal, O'Connell, O'Donnell, Porter, Raggio, Rawson, Regan, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener:
Senate Concurrent Resolution No. 22--Commending the fire fighters and others who worked to extinguish the fire at Belli Ranch.

Whereas, A fire was started by arson in the Belli Ranch area, south of Verdi, Nevada, at about 4 p.m., on Monday, August 5, 1996; and
Whereas, The fire was spread by winds of up to 30 mph, burning 6,700 acres of brush and trees, and endangering the lives and property of many Nevadans; and
Whereas, Because of problems with congestion and access for emergency vehicles, as well as dense smoke, Interstate Highway No. 80 was closed for 5 hours; and
Whereas, The fire threatened many homes from Belli Ranch to the Caughlin Ranch development, in Reno, Nevada, where flames came within one-half mile of the area; and
Whereas, Equipment used to assist fire fighters included 170 fire engines, 12 water tenders, 12 helicopters from the Nevada Division of Forestry, the California Department of Forestry and Fire Protection, the Nevada Army National Guard and the Bureau of Land Management, 10 air tankers, 9 bulldozers, the Nevada Division of Forestry Sonoma field kitchen from the Silver Springs Conservation Camp, and numerous other command and support vehicles; and
Whereas, The 1,241 fire fighters from Nevada, Alaska, California, Idaho, Tennessee and Wyoming, including state forestry personnel, local volunteer and career fire departments and federal agencies, joined together to fight this potentially deadly threat to the residents of our state; and
Whereas, The magnitude of this fire was so great that the total cost to extinguish it was approximately $2,000,000; and
Whereas, The Washoe County Sheriff's Department, Nevada Highway Patrol, American Red Cross, Nevada Department of Transportation, Caltrans, Washoe County School District, Nevada Office of Emergency Services and others, were also instrumental in the fight to minimize the losses to our communities; and
Whereas, The arsonist who was responsible for this atrocity was arrested because of the joint efforts of the Nevada Division of Forestry, the United States Forest Service, the Nevada State Fire Marshal Division and the Washoe County Sheriff's Department; and
Whereas, As a result of the commitment of the fire fighters to protect life and property, not one life was lost, no serious injuries occurred and no homes were destroyed; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 69th session of the Nevada Legislature commend the fire fighters for their bravery and heroic efforts in fighting the Belli Ranch fire while protecting the lives and property of the residents of our state; and be it further
Resolved, That the Nevada Legislature expresses its sincere appreciation to the Nevada Division of Forestry, Nevada Army National Guard, California Department of Forestry and Fire Protection, Bureau of Land Management, Washoe County Sheriff's Department, Nevada Highway Patrol, Nevada Department of Transportation, Washoe County School District, Nevada Office of Emergency Services, American Red Cross, Caltrans and all others who were instrumental in the extinguishment of the fire at Belli Ranch; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Nevada Division of Forestry, Nevada Army National Guard, California Department of Forestry and Fire Protection, Nevada Office of the Bureau of Land Management, Washoe County Sheriff's Department, Nevada Highway Patrol, Nevada Department of Transportation, Washoe County School District, Nevada Office of Emergency Services, American Red Cross and Caltrans.
Senator Mathews moved the adoption of the resolution.
Remarks by Senators Mathews, Jacobsen, Adler, O'Donnell and Raggio.
Senator Mathews requested that the following remarks be entered in the Journal.
Senator Mathews:
Thank you, Mr. President. This resolution honors some brave men and women who fought a fire that I thought was going to wipe out an entire community. I sat, at my daughter's house, and watched that fire come over the hill thinking that within minutes or at least hours a number of homes in that area would be destroyed. But, because of these brave men and the women who supported them on the fire line, that fire did not destroy one structure for which I am very, very grateful. I said to my daughter that night, as we sat on the cul de sac watching that fire come over the ridge, that when the legislature next went into session I would want to do a resolution to honor the people who were involved in fighting this fire. No one would have believed that the Belli fire would not have destroyed the structures within its path. Again, because of these young men and women who fought so gallantly, that fire did not destroy any structures and I am thankful. I commend them all today.

Senator Jacobsen:
Thank you, Mr. President and my fellow colleagues. I do not think any resolution that will come before this session deserves more praise than this one. Let me indicate to you that Nevada experienced the worst season it ever had last year with over 777,000 acres on fire. It is hard to visually understand what an acre contains. Most of the fires we experience are not through lightning or other natural causes, but are caused by some person. As we go through a fire season, there is no way to anticipate what is coming down the pike. It is unannounced and we have to contend with it. I think, if you read this resolution, it explains all of those involved; however, there were a few who were not mentioned in the resolution. I would like to mention them because I think they are really important since it shows unified effort. Those others were Reno Fire Department, Incline Fire Department, Storey County Fire Department, Lyon County Fire Department, Carson City Fire Department, Douglas County Fire Department, Truckee Meadows Fire Department, South Lake Tahoe Fire Department, Verdi Volunteers, Galena Volunteers, Pleasant Valley Volunteers, Washoe Valley Volunteers, Cold Springs Volunteers and Lagomarsino Volunteers. I think this kind of says it all. When there is a real problem, the communities totally respond. In most cases, when there is a fire, they don't need to be asked to come. They want to come and help their fellow man and I think that is certainly like frosting on the cake. I realize too that no mention is made in the resolution of all the employers who allow their volunteers to join in fighting these fires without cutting their pay. They are to be commended also. I don't believe that I have hardly missed being at a fire. I almost missed the one in my own area because I was gone to the hospital, but I did go to the command center that night.The Belli Ranch fire provided me with an opportunity to ride the speed train from Oakland. I was pleasantly surprised when I found the conductor on that train was our own lieutenant governor. We had a chance to view the entire fire as we skirted the Truckee River. Seeing the helicopters and the water buckets loading out of the river was almost like a circus in that there was so much activity. Can you imagine 170 fire engines and 1200 fire fighters. Along with these men, I want to praise the women from Silver Springs who ran the Sonoma kitchen. Women were also on the fire line. Very commendable. I guess, as we go through life, we read of these disasters in the newspaper, but do not have the opportunity to acknowledge them. We never acknowledge them until they are close to home. I would like to single out Mike Dondero who was the incidence commander. The Division of Forestry are normally the first on the scene as well as the local fire departments. I think our state really should be proud as fire fighters are a breed of their own. I think as long as they can get a cool beer, after it is all over, they feel they have been rewarded in some manner. I want to say that this resolution deserves your wholehearted support.

Senator Adler:
Thank you, Mr. President. I also rise in support of this resolution. I think it is extremely important that we honor our fire fighters for all they have done on, not only this fire, but others we have had in this region. They all work hard and place their lives on the line every time they go up there. A lot of times you hear the public make the statement "what has the government ever done for me?" I think that, in many of these instances, this is the finest example of government in action. The people from the U. S. Forest Service, the state and the various volunteer fire departments have literally saved people's houses and a good part of their lives. I think we need to extend our debt of gratitude to them as truly dedicated government employees.

Senator O'Donnell:
Thank you, Mr. President. I too rise in support of this resolution. I had the opportunity to be one of the first people at the site of the fire on the east side near Highway 431. The people who were flying the airplanes were another group of individuals who need to be recognized for their courage and their fearlessness in putting out these fires. Anyone who flies that type of aircraft knows that those planes are loaded to almost the maximum weight level that they can sustain. If the bomb bay doors do not open, they can not pull up. Some of the aircraft, nationwide, have been lost because the bomb bay doors did not open and they crashed into the mountain. It is a very, very dangerous method of putting out a fire, but it has to be done. I had the opportunity to be so close to the fire that we were feeling the mist of the fire retardant that was being dropped. I know how dangerous it is and I want to say that I also appreciate these guys for what they do.

Senator Raggio:
Thank you, Mr. President. I would like to join today with the others who are honoring the men and women who were involved in this very valiant effort. On August 5, 1996, I was landing at the Reno International Airport at about 3:00 in the afternoon. I saw a little puff of smoke from the window. By the time we had landed and I reached my car, that puff of smoke had become quite evident. I was amazed, as was everyone in the valley, how fast the conflagration spread. Within a very short period of time, the entire valley was filled with smoke. Most of us heeded the advice to stay away from the area and allow those who knew what they were doing handle the matter. I want to join in commending all of those who dedicated their efforts and put their lives on the line to deal with the situation. Any of us who live along the Sierra front are aware of the likelihood of this type of fire occurring. Without exception, every year we have some type of problem with fires. This was a very major concern certainly right at the perimeter of an urban area. Having viewed the area afterward and seeing the devastation that occurred outside the urban area and the fingers of this fire that came down almost to the edge of homes, I just can't comprehend the effort which was put forth to control this fire. It came very close to consuming some of the structures, but just a lot of people came together to keep this from happening. All of those who were able to direct and redirect the resources are certainly to be commended. It is an absolute miracle that more damage was not done and homes and structures were not demolished and lives were not lost. I do want to tell you that this occurred in the area I represent and the people there are grateful to all of those who participated. They are owed a great deal of gratitude. We appreciate those kinds of effort. Thank you again very, very much for all you did for many of those who still do not know the effort put forth to retard this situation.
Resolution adopted.
Senator Mathews moved that all rules be suspended and that Senate Concurrent Resolution No. 22 be immediately transmitted to the Assembly.
Motion carried.

Assembly Joint Resolution No. 14 of the 68th Session.
Senator Rawson moved that the resolution be referred to the Committee on Government Affairs.
Motion carried.

Senator O'Connell moved that Senate Bill No. 188 be re-referred to the Committee on Finance.
Motion carried.

Senator James moved that Senate Bill No. 113 be taken from the General File and re-referred to the Committee on Finance.
Remarks by Senator James.
Motion carried.

INTRODUCTION, FIRST READING AND REFERENCE

By Senator McGinness:
Senate Bill No. 226--An Act making an appropriation to Esmeralda County for the restoration of the historic Goldfield Parsonage; and providing other matters properly relating thereto.
Senator McGinness moved that the bill be referred to the Committee on Finance.
Motion carried.

By Senator McGinness:
Senate Bill No. 227--An Act relating to geothermal resources; revising the provisions governing the applicability of the appropriation procedures for water to certain losses of water; and providing other matters properly relating thereto.
Senator McGinness moved that the bill be referred to the Committee on Natural Resources.
Motion carried.

By the Committee on Finance:
Senate Bill No. 228--An Act relating to retarded persons; authorizing assistance under certain circumstances for a parent or relative who cares for a severely mentally retarded person or a child under the age of 6 years with developmental delays; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.

By the Committee on Finance:
Senate Bill No. 229--An Act relating to state financial administration; authorizing leases and installment contracts which extend in duration beyond the 1997-99 biennium for purchase of certain equipment by agencies of the executive department; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.

By the Committee on Finance:
Senate Bill No. 230--An Act relating to the real estate division of the department of business and industry; revising provisions governing the deposit and use of certain examination fees received by the division; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.

By Senator O'Donnell:
Senate Bill No. 231--An Act relating to guardianships; removing the authority of a court to appoint a guardian for certain minors without issuing a citation; and providing other matters properly relating thereto.
Senator O'Donnell moved that the bill be referred to the Committee on Judiciary.
Motion carried.

Assembly Bill No. 224.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.

Assembly Bill No. 237.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.

SECOND READING AND AMENDMENT

Senate Bill No. 29.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 40.
Amend the bill as a whole by deleting sections 1 through 5 and adding new sections designated sections 1 through 5, following the enacting clause, to read as follows:
"Section 1. Chapter 176 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If a fine, administrative assessment, fee or restitution is imposed upon a defendant pursuant to this chapter, whether or not the fine, administrative assessment, fee or restitution is in addition to any other punishment, and the fine, administrative assessment, fee or restitution or any part of it remains unpaid after the time established by the court for its payment, the defendant is liable for a collection fee, to be imposed by the court at the time it finds that the fine, administrative assessment, fee or restitution is delinquent, of:
(a) Not more than $100, if the amount of the delinquency is less than $2,000.
(b) Not more than $500, if the amount of the delinquency is $2,000 or greater, but is less than $5,000.
(c) Ten percent of the amount of the delinquency, if the amount of the delinquency is greater than $5,000.
2. A state or local entity that is responsible for collecting a delinquent fine, administrative assessment, fee or restitution may, in addition to attempting to collect the fine, administrative assessment, fee or restitution through any other lawful means, take any or all of the following actions:
(a) Report the delinquency to reporting agencies that assemble or evaluate information concerning credit.
(b) Request that the court take appropriate action pursuant to subsection 3.
(c) Contract with a collection agency licensed pursuant to NRS 649.075 to collect the delinquent amount and the collection fee. The collection agency must be paid as compensation for its services an amount not greater than the amount of the collection fee imposed pursuant to subsection 1, in accordance with the provisions of the contract.
3. The court may, on its own motion or at the request of a state or local entity that is responsible for collecting the delinquent fine, administrative assessment, fee or restitution, take any or all of the following actions, in the following order of priority if practicable:
(a) Request that the district attorney or the attorney general, whichever is appropriate, undertake collection of the delinquency, including the original amount and the collection fee, by attachment or garnishment of the defendant's property, wages or other money receivable.
(b) Order the suspension of the driver's license of the defendant. If the defendant does not possess a driver's license, the court may prohibit the defendant from applying for a driver's license for a specified period. If the defendant is already the subject of a court order suspending or delaying the issuance of his driver's license, the court may order the additional suspension or delay, as appropriate, to apply consecutively with the previous order. At the time the court issues an order suspending the driver's license of a defendant pursuant to this paragraph, the court shall require the defendant to surrender to the court all driver's licenses then held by the defendant. 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. At the time the court issues an order pursuant to this paragraph delaying the ability of a defendant to apply for 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 defendant's driving record, but such a suspension must not be considered for the purpose of rating or underwriting.
(c) For a delinquent fine or administrative assessment, order the confinement of the person in the appropriate prison, jail or detention facility, as provided in NRS 176.065 and 176.075.
4. Money collected from a collection fee imposed pursuant to subsection 1 must be distributed in the following manner:
(a) Except as otherwise provided in paragraph (d), if the money is collected by or on behalf of a municipal court, the money must be deposited in a special fund in the appropriate city treasury. The city may use the money in the fund only to develop and implement a program for the collection of fines, administrative assessments, fees and restitution.
(b) Except as otherwise provided in paragraph (d), if the money is collected by or on behalf of a justice's court or district court, the money must be deposited in a special fund in the appropriate county treasury. The county may use the money in the special fund only to develop and implement a program for the collection of fines, administrative assessments, fees and restitution.
(c) Except as otherwise provided in paragraph (d), if the money is collected by a state entity, the money must be deposited in a special fund, which is hereby created in the state treasury. The court administrator may use the money in the special fund only to develop and implement a program for the collection of fines, administrative assessments, fees and restitution in this state.
(d) If the money is collected by a collection agency, after the collection agency has been paid its fee pursuant to the terms of the contract, any remaining money must be deposited in the state, city or county treasury, whichever is appropriate, to be used only for the purposes set forth in paragraph (a), (b) or (c).
Sec. 2. NRS 176.065 is hereby amended to read as follows:
176.0651. Except as otherwise provided in subsection 2, [whenever] when a person is sentenced to both fine and imprisonment, or to pay a forfeiture in addition to imprisonment, [he must] the court may, pursuant to section 1 of this act, order that the person be confined in the state prison, the city or county jail or a detention facility, whichever is designated in his sentence of imprisonment, for an additional period of 1 day for each [$25] $75 of the amount until the administrative assessment and the fine or forfeiture are satisfied or the maximum term of imprisonment prescribed by law for the offense committed has elapsed, whichever is earlier, but his eligibility for parole is governed only by his sentence of imprisonment.
2. The provisions of this section do not apply to indigent persons.
Sec. 3. NRS 176.075 is hereby amended to read as follows:
176.0751. Except as otherwise provided in subsection 2, [whenever] when a person is sentenced to pay a fine or forfeiture without an accompanying sentence of imprisonment, [he must] the court may, pursuant to section 1 of this act, order that the person be confined in the city or county jail or detention facility for a period of not more than 1 day for each [$25] $75 of the amount until the administrative assessment and the fine or forfeiture are satisfied.
2. The provisions of this section do not apply to indigent persons.
Sec. 4. NRS 483.443 is hereby amended to read as follows:
483.443 1. The department shall, upon receiving notification from a district attorney or other public agency collecting support for children that a court has determined a person is in arrears in the payment for the support of a child pursuant to NRS 425.3837, send a written notice to that person that his license is subject to suspension. The notice must include:
(a) The reason for the suspension of the license;
(b) The information set forth in subsections 2, [3 and 4;] 4 and 5; and
(c) Any other information the department deems necessary.
2. If a person who receives a notice pursuant to subsection 1 does not satisfy the arrearage as required in NRS 425.3837 within 30 days after he receives the notice, the department shall suspend his license.
3. The department shall suspend immediately the license of a defendant if so ordered pursuant to section 1 of this act.
4.
The department shall reinstate the driver's license of a person whose license was suspended pursuant to this section if it receives:
(a) A notice from the district attorney or other public agency pursuant to NRS 425.3837 that the person has satisfied the arrearages pursuant to that section [;] or from a district judge that a delinquency for which the suspension was ordered pursuant to section 1 of this act has been discharged; and
(b) Payment of the fee for reinstatement of a suspended license prescribed in NRS 483.410.
[4.] 5. The department shall not require a person whose driver's license was suspended pursuant to this section 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 the reinstatement of his license.
Sec. 5. The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997, for which any fine, administrative assessment, fee or restitution is ordered pursuant to the provisions of chapter 176 of NRS.".
Amend the title of the bill to read as follows:
"An Act relating to criminal judgments; revising the provisions governing the collection of delinquent fines, administrative assessments, fees and restitution; allowing a court to impose a collection fee on defendants who are delinquent in paying fines, administrative assessments, fees or restitution; allowing state and local entities to contract with collection agencies to assist in the collection of delinquent fines, administrative assessments, fees or restitution; and providing other matters properly relating thereto.".
Amend the summary of the bill to read as follows:
"Summary--Revises provisions governing delinquent fines, administrative assessments, fees and restitution. (BDR 14-69)".
Senator Adler moved the adoption of the amendment.
Remarks by Senator Adler.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 33.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 54.
Amend the bill as a whole by deleting sections 1 through 4 and adding new sections designated sections 1 through 12, following the enacting clause, to read as follows:
"Section 1. Chapter 62 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2, a child under the age of 18 years who:
(a) Purchases, possesses or uses cigarettes, cigarette paper, tobacco of any description or products made from tobacco; or
(b) Falsely represents that he is 18 years of age or older for the purpose of purchasing or obtaining cigarettes, cigarette paper, tobacco of any description or products made from tobacco,
is a child in need of supervision and care or rehabilitation as provided in paragraph (a) of subsection 1 of NRS 62.040.
2. A child under the age of 18 years who:
(a) Purchases or possesses cigarettes, cigarette paper, tobacco of any description or products made from tobacco while assisting in an inspection performed pursuant to NRS 202.2496; or
(b) Handles or transports cigarettes, cigarette paper, tobacco of any description or products made from tobacco in the course of his lawful employment,
is not a child in need of supervision and care or rehabilitation pursuant to subsection 1.
3. If a child is found to be in need of supervision and care or rehabilitation pursuant to subsection 1, in addition to any action ordered pursuant to the provisions of this chapter, the court shall:
(a) The first time the child is found to be in need of supervision and care or rehabilitation pursuant to subsection 1:
(1) Impose a fine of $50 on the child pursuant to paragraph (l) of subsection 1 of NRS 62.211 and an administrative assessment pursuant to NRS 62.223; and
(2) Require the child to complete a class designed to discourage the use of tobacco products, if such a class is available in the county in which the child resides. The child or his parent or guardian shall pay the costs of participation in the class. If the child and his parent or guardian are unable to pay the costs of participation in the class because of financial hardship, the court shall require the child to perform community service. The community service must be performed for and under the supervising authority of a county, city, town or other political subdivision or agency of the State of Nevada or a charitable organization that renders service to the community or its residents. The court may require the parent or guardian to deposit with the court a reasonable sum of money to pay for the cost of a policy for insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which the child performs the work, unless, in the case of industrial insurance, it is provided by the authority for which the child performs the work.
(b) The second time the child is found to be in need of supervision and care or rehabilitation pursuant to subsection 1:
(1) Impose a fine of $100 on the child pursuant to paragraph (l) of subsection 1 of NRS 62.211 and an administrative assessment pursuant to NRS 62.223; and
(2) Require the child to complete a class designed to discourage the use of tobacco products, if such a class is available in the county in which the child resides. The child or his parent or guardian shall pay the costs of participation in the class. If the child and his parent or guardian are unable to pay the costs of participation in the class because of financial hardship, the court shall require the child to perform community service. The community service must be performed for and under the supervising authority of a county, city, town or other political subdivision or agency of the State of Nevada or a charitable organization that renders service to the community or its residents. The court may require the parent or guardian to deposit with the court a reasonable sum of money to pay for the cost of a policy for insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which the child performs the work, unless, in the case of industrial insurance, it is provided by the authority for which the child performs the work.
(c) The third or any subsequent time the child is found to be in need of supervision and care or rehabilitation pursuant to subsection 1, order the suspension of the child's driver's license for 1 year. If the child does not possess a driver's license, the court shall prohibit the child from applying for a driver's license for 1 year:
(1) Immediately following the date of the order, if the child is eligible to apply for 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 apply for a license on the date of the order.
If the child is already the subject of a court order suspending or delaying the issuance of his driver's license, the court shall order the additional suspension or delay, as appropriate, to apply consecutively with the previous order. At the time the court issues an order suspending the driver's license of a child pursuant to this paragraph, the court 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. At the time the court issues an order pursuant to this paragraph delaying the ability of a child to apply for 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 that 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.
Sec. 2. NRS 62.040 is hereby amended to read as follows:
62.0401. Except if the child involved is subject to the exclusive jurisdiction of an Indian tribe, and except as otherwise provided in this chapter, the court has exclusive original jurisdiction in proceedings:
(a) Concerning any child living or found within the county who is in need of supervision because he:
(1) Is a child who is subject to compulsory school attendance and is a habitual truant from school;
(2) Purchases, possesses or uses cigarettes, cigarette paper, tobacco of any description or products made from tobacco, or falsely represents that he is 18 years of age or older for the purpose of purchasing or obtaining cigarettes, cigarette paper, tobacco of any description or products made from tobacco, as provided in subsection 1 of section 1 of this act;
(3)
Habitually disobeys the reasonable and lawful demands of his parents, guardian [,] or other custodian, and is unmanageable; or
[(3)] (4) Deserts, abandons or runs away from his home or usual place of
abode,
and is in need of care or rehabilitation. The child must not be considered a delinquent.
(b) Concerning any child living or found within the county who has committed a delinquent act. A child commits a delinquent act if he violates a county or municipal ordinance or any rule or regulation having the force of law, or he commits an act designated a crime under the law of the State of Nevada except:
(1) Murder or attempted murder or any related crime arising out of the same facts as the murder or attempted murder.
(2) If the child has been previously adjudicated delinquent for committing an offense which would have been a felony if committed in this state by an adult and the child was 16 years of age or older at the time of the alleged offense:
(I) A sexual assault involving the use or threatened use of force or violence against the victim; or
(II) Any offense involving the use or threatened use of a deadly weapon or an attempt to commit such an offense.
(c) Concerning any child in need of commitment to an institution for the mentally retarded.
2. If a child is charged with a minor traffic offense, the court may transfer the case and record to a justice's or municipal court if the judge determines that it is in the best interest of the child. If a case is so transferred:
(a) The restrictions set forth in subsection 4 of NRS 62.170 are applicable in those proceedings; and
(b) The child must be accompanied at all proceedings by a parent or legal guardian.
With the consent of the judge of the juvenile division, the case may be transferred back to the juvenile court.
Sec. 3. 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, a court may not 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 subsection 1 are not applicable to a child alleged to be in need of supervision pursuant to section 1 of this act.
Sec. 4. NRS 62.211 is hereby amended to read as follows:
62.2111. Except as otherwise provided in NRS 62.212 [,] 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 not more than 2 years. If the child does not possess a driver's license, the court may prohibit the child from applying for a driver's license for not more than 2 years:
(1) Immediately following the date of the order, if the child is eligible to apply for 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 apply for 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 apply for 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. 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. 5. 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 are not applicable to a child alleged to be in need of supervision pursuant to section 1 of this act.
Sec. 6. 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 section 1 of this act, paragraph (h) of subsection 1 of NRS 62.211, NRS 62.226, 62.227 and 62.228.
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 pursuant to section 1 of this act, paragraph (h) of subsection 1 of NRS 62.211, NRS 62.226, 62.227 or 62.228.
Sec. 7. NRS 483.250 is hereby amended to read as follows:
483.250The department shall not issue any license under the provisions of NRS 483.010 to 483.630, inclusive:
1. To any person who is under the age of 16 years, except that the department may issue:
(a) A restricted license to a person between the ages of 14 and 16 years pursuant to the provisions of NRS 483.267 and 483.270.
(b) An instruction permit to a person who is at least 15 1/2 years of age pursuant to the provisions of subsection 1 of NRS 483.280.
(c) A restricted instruction permit to a person under the age of 16 years pursuant to the provisions of subsection 3 of NRS 483.280.
2. To any person whose license has been revoked until the expiration of the period during which he is not eligible for a license.
3. To any person whose license has been suspended, but, upon good cause shown to the administrator, the department may issue a restricted license to him or shorten any period of suspension.
4. To any person who has previously been adjudged to be afflicted with or suffering from any mental disability or disease and who has not at the time of application been restored to legal capacity.
5. To any person who is required by NRS 483.010 to 483.630, inclusive, to take an examination, unless he has successfully passed the examination.
6. To any person when the administrator has good cause to believe that by reason of physical or mental disability that person would not be able to drive a motor vehicle with safety upon the highways.
7. To any person who is not a resident of this state.
8. To any child who is the subject of a court order issued pursuant to section 1 of this act, paragraph (h) of subsection 1 of NRS 62.211, NRS 62.226 or 62.228 which delays his privilege to drive.
9. To any person who is the subject of a court order issued pursuant to NRS 206.330 which suspends or delays his privilege to drive until the expiration of the period of suspension or delay.
Sec. 8. 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 NRS 484.3795 or subsection 2 of NRS 484.377 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 section 1 of this act, paragraph (h) of subsection 1 of NRS 62.211, NRS 62.226 or 62.228, 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. 9. NRS 483.490 is hereby amended to read as follows:
483.490 1. 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 section 1 of this act, paragraph (h) of subsection 1 of NRS 62.211, NRS 62.226 or 62.228, 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 by 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. 10. NRS 483.495 is hereby amended to read as follows:
483.495The department shall by regulation:
1. Except as otherwise provided in section 1 of this act, paragraph (h) of subsection 1 of NRS 62.211, subsection 4 of NRS 62.226, NRS 62.227 and subsection 5 of NRS 62.228, 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 a person's ability 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. 11. 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 section 1 of this act, paragraph (h) of subsection 1 of NRS 62.211, NRS 62.226, 62.227 or 62.228.
Sec. 12. The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 13. The amendatory provisions of this act do not apply to:
1. The purchase, possession or use of cigarettes, cigarette paper, tobacco of any description or products made from tobacco by a child who is under 18 years of age; or
2. A false representation made by a child who is under 18 years of age for the purpose of purchasing or obtaining cigarettes, cigarette paper, tobacco of any description or products made from tobacco,
that occurs before October 1, 1997.".
Amend the title of the bill to read as follows:
"An Act relating to tobacco; providing that a minor who purchases, possesses or uses tobacco products, or falsely represents his age to purchase tobacco products, is in need of supervision and care or rehabilitation; requiring the court to order such a minor to pay a fine and attend a class designed to discourage the use of tobacco products for the first or second occurrence; requiring the court to order the suspension of such a minor's driver's license for 1 year for a third or subsequent occurrence; and providing other matters properly relating thereto.".
Amend the summary of the bill to read as follows:
"Summary--Provides that minor who purchases, possesses or uses tobacco products, or falsely represents his age to purchase tobacco products, is in need of supervision and care or rehabilitation. (BDR 5-388)".
Senator Adler moved the adoption of the amendment.
Remarks by Senators Adler and Neal.
Motion carried on a division of the house.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 103.
Bill read second time and ordered to third reading.

Senate Bill No. 149.
Bill read second time and ordered to third reading.

Senate Bill No. 153.
Bill read second time and ordered to third reading.

Senate Bill No. 191.
Bill read second time and ordered to third reading.

Assembly Bill No. 15.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 59.
Amend section 1, page 1, by deleting lines 3 through 14 and inserting:
"1. Except as otherwise provided in this section, a peace officer, a fireman, an emergency medical technician certified pursuant to chapter 450B of NRS or a security guard, who operates a bicycle while he is on duty, is not required to comply with any provision of NRS or any ordinance of a local government relating to the operation of a bicycle while on duty if he:
(a) Is responding to an emergency call or the peace officer is in pursuit of a suspected violator of the law; or
(b) Determines that noncompliance with any such provision is necessary to carry out his duties.
2. The provisions of this section do not:
(a) Relieve a peace officer, fireman, emergency medical technician or security guard from the duty to operate a bicycle with due regard for the safety of others.
(b) Protect such a person from the consequences of his disregard for the safety of others.
3. As used in this section, "security guard" means a person employed as a watchman, guard, patrolman or in any other similar position for the purpose of protecting property.
".
Amend the title of the bill, first line, by deleting:
"peace officers and firemen" and inserting "certain persons".
Amend the summary of the bill, first line, by deleting:
"peace officers and firemen" and inserting "certain persons".
Senator O'Donnell moved the adoption of the amendment.
Remarks by Senator O'Donnell.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 141.
Bill read second time and ordered to third reading.

Assembly Joint Resolution No. 2.
Resolution read second time and ordered to third reading.

MOTIONS, RESOLUTIONS AND NOTICES

Senator James moved that the motion whereby Senate Bill No. 103 was ordered to General File be rescinded.
Remarks by Senator James.
Senator James moved that Senate Bill No. 103 be re-referred to the Committee on Finance.
Remarks by Senator James.
Motion carried.

GENERAL FILE AND THIRD READING

Senate Bill No. 43.
Bill read third time.
Remarks by Senators James and O'Connell.
Roll call on Senate Bill No. 43:
Yeas--20.
Nays--None.
EXCUSED--Rhoads.
Senate Bill No. 43 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Senate Bill No. 46.
Bill read third time.
Remarks by Senators Adler and O'Connell.
Roll call on Senate Bill No. 46:
Yeas--20.
Nays--None.
EXCUSED--Rhoads.
Senate Bill No. 46 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Senate Bill No. 125.
Bill read third time.
Remarks by Senators O'Donnell and O'Connell.
Roll call on Senate Bill No. 125:
Yeas--19.
Nays--Neal.
EXCUSED--Rhoads.
Senate Bill No. 125 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

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

Assembly Bill No. 63.
Bill read third time.
Roll call on Assembly Bill No. 63:
Yeas--20.
Nays--None.
excused--Rhoads.
Assembly Bill No. 63 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

UNFINISHED BUSINESS
SIGNING OF BILLS AND RESOLUTIONS

There being no objections, the President and Secretary signed Senate Concurrent Resolutions Nos. 18, 19, 20.

REMARKS FROM THE FLOOR

Senator Raggio requested that his remarks be entered in the Journal.
I would like to announce that my daughter, Tracy, gave birth to my grandson, Anthony Alton William Woodring on March 19 at 11:30 p.m. and weighing in at seven pounds six ounces.

GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR

On request of Senator Jacobsen , the privilege of the floor of the Senate Chamber for this day was extended to Roy Trenoweth, Steven Frady, Molly Dondero and teachers and students from the Empire Elementary School: Ms. Veverka, Ms. Henderson, Mrs. Meder, Christine Baird, David Baxley, Zeb Bellon, Danny Guerrero, Krystal Brown, Serena Carranza, Julio De Leon, Lacey Lee, Jon Jacque Larraburu, Shane Krieger, Rufiguo Ebarra, Romel Molina, Jimmy Carmen, Joey Monzo, Lee Couch, Mike Orlich, Aaron Peacock, Les Reddick, Amy Rightner, Celia Rodriguez, Ralph Ruiz, Dan Schierholt, Jamie Shirley, Juan Romero, Anthony Altamirano, Erick Ayala, Bryan Bailey, Nichole Barkley, Matthew Barnes, Nicholas Beaudette, Jessica Bird, Daniel Ceballos, Iliana Cisneros, Jasmine Co, Veronica Contreras, Tyler Davies, Kalen Fedinic, Jayna Jaffe, James La Chew, Alana Lee, Kyle Legant, Tawny Lennon, Sierra Linville, Garrett Meyer, Brittney Miner, Ariana Miranda, Michael Montiel, Eric Murphy, Krista Olsen, Danny Pacheco, Lesley Reyes, Loarreine Silis, Ryan Vernon, Kyle Watkins, Kasey Koch, Marilyn Beaudette, Dave Davies, Anna Olsen, Laura Legant, Roxann Lennon and Carla Jones.

On request of Senator Mathews, the privilege of the floor of the Senate Chamber for this day was extended to Mike Dondero, Richard Boykin and Richard Riolo.

On request of Senator O'Connell, the privilege of the floor of the Senate Chamber for this day was extended to Richard Winget.

On request of President Hammargren, the privilege of the floor of the Senate Chamber for this day was extended to Ned Eyre.

Senator Raggio moved that the Senate adjourn until Monday, March 24, 1997 at 11 a.m.
Motion carried.

Senate adjourned at 12:24 p.m.

Approved:

Lonnie L. Hammargren, M.D.

President of the Senate
Attest: Janice L. Thomas
Secretary of the Senate