Senate called to order at 10:42 a.m.
President Hammargren presiding.
Roll called.
All present except Senator Porter, who was excused.
Prayer by the Chaplain, Bishop William L. Brewer.
Heavenly Father, we thank Thee for the opportunity to participate in this democracy. We ask Thee to bless them this day that they might accomplish much with their time and effort. Bless them that they will be able to make decisions that will be in the best interest of Nevada, and that will be in accordance with Thy will for us. Watch over and bless their families while they are away from them, in our service. We ask for these blessings in the Name of Thy Son, Jesus Christ.

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.

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

Senate in recess at 10:50 a.m.

At 11 a.m.
President Hammargren presiding.
Quorum present.

Mr. President:
Your Committee on Government Affairs, to which was referred Assembly Bill No. 237, 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 were referred Senate Bills Nos. 5, 6, 122, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Mark A. James,

Chairman

Mr. President:
Your Committee on Judiciary, to which was referred Senate Bill No. 237, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Mark A. James,

Chairman

Mr. President:
Your Committee on Judiciary, to which was referred Senate Bill No. 100, 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 Finance.

Mark A. James,

Chairman

Mr. President:
Your Committee on Taxation, to which was referred Assembly Bill No. 301, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Mike McGinness,

Chairman

Assembly Chamber, Carson City, March 31, 1997

To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day passed Senate Joint Resolution No. 1.
Also, I have the honor to inform your honorable body that the Assembly on this day passed Assembly Bill No. 251.
Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bills Nos. 68, 95, 186.
Also, I have the honor to inform your honorable body that the Assembly on this day passed Assembly Joint Resolution No. 7.
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. 15.
Jacqueline Sneddon
Assistant Chief Clerk of the Assembly

Senator Adler moved that all rules be suspended, reading so far had considered second reading, rules further suspended, Assembly Bill No. 237 declared an emergency measure under the Constitution and placed on third reading and final passage.
Remarks by Senators Adler and Rawson.
Motion carried unanimously.

Assembly Joint Resolution No. 7.
Senator Rawson moved that the resolution be referred to the Committee on Natural Resources.
Motion carried.

By Senator Adler:
Senate Bill No. 252--An Act making an appropriation to the State Public Works Board for the construction of an Urban Hi-Tech Learning Center at Carson High School; and providing other matters properly relating thereto.
Senator Adler moved that the bill be referred to the Committee on Finance.
Motion carried.

By the Committee on Government Affairs:
Senate Bill No. 253--An Act relating to the state legislature; creating a legislative committee to study the distribution among local governments of revenue from state and local taxes; providing the powers of the committee; and providing other matters properly relating thereto.
Senator O'Connell moved that the bill be referred to the Committee on Legislative Affairs and Operations.
Motion carried.

By the Committee on Government Affairs:
Senate Bill No. 254--An Act relating to taxation; revising the formulas for the distribution of the proceeds of certain taxes; prohibiting certain governmental entities from pledging certain revenues to secure the payment of bonds or other obligations; revising the rate certain governmental entities must not exceed if levying an additional tax ad valorem under certain circumstances; requiring the executive director to allocate to certain governmental entities an amount equal to an amount calculated by using the average amount received from certain taxes for 2 fiscal years under certain circumstances; and providing other matters properly relating thereto.
Senator O'Connell moved that the bill be referred to the Committee on Government Affairs.
Motion carried.

By Senator Titus:
Senate Bill No. 255--An Act relating to energy; providing for net energy metering for an electric utility's customers who have installed a photovoltaic system; specifying standards applicable to such systems; and providing other matters properly relating thereto.
Senator Titus moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.

By Senators Titus, Wiener, Augustine, Adler, Coffin, Jacobsen, Neal, O'Donnell, Rawson, Regan, Schneider, Shaffer, James, Washington and McGinness:
Senate Bill No. 256--An Act relating to taxation; providing an exemption for property used as a facility for the production of electrical energy from a renewable energy resource; and providing other matters properly relating thereto.
Senator Titus moved that the bill be referred to the Committee on Taxation.
Motion carried.

By Senator O'Donnell:
Senate Bill No. 257--An Act relating to traffic laws; revising provisions governing the movement of a vehicle that is unattended, disabled or involved in an accident; and providing other matters properly relating thereto.
Senator O'Donnell moved that the bill be referred to the Committee on Transportation.
Motion carried.

By Senator Neal:
Senate Bill No. 258--An Act relating to special proceedings; requiring the district attorney to cause notice of a hearing on the sealing of certain criminal records to be published; and providing other matters properly relating thereto.
Senator Neal moved that the bill be referred to the Committee on Judiciary.
Motion carried.

By Senator Rawson (by request):
Senate Bill No. 259--An Act relating to parole; allowing a parolee to petition the court for a modification of his sentence under certain circumstances; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.

By Senator Rawson (by request):
Senate Bill No. 260--An Act relating to sales of residential property; requiring the Department of Business and Industry to conduct a study of the requirements for disclosure that are associated with the sale of such property; requiring that a report of the recommendations and findings of the study be presented to the 70th session of the Nevada Legislature; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Legislative Affairs and Operations.
Motion carried.

By the Committee on Judiciary:
Senate Bill No. 261--An Act relating to pupils; requiring a juvenile court to take certain actions against a pupil who is found to be a habitual truant; and providing other matters properly relating thereto.
Senator James moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.

Assembly Bill No. 68.
Senator O'Connell moved that the bill be referred to the Committee on Government Affairs.
Motion carried.

Assembly Bill No. 95.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.

Assembly Bill No. 186.
Senator Rawson moved that the bill be referred to the Committee on Legislative Affairs and Operations.
Motion carried.

Assembly Bill No. 251.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.

Mr. President announced that if there were no objections, the Senate would recess subject to the call of the Chair.

Senate in recess at 11:20 a.m.

At 11:25 a.m.
President Hammargren presiding.
Quorum present.

Senate Bill No. 137.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 43.
Amend sec. 2, page 2, by deleting lines 8 through 13 and inserting:
"1. A person driving a motor vehicle at a speed in excess of the speed limit posted by a public authority for the portion of highway being traversed shall be punished by a fine of $25 if:
(a) The posted speed limit is 60 miles per hour and the person is not exceeding a speed of 70 miles per hour.
(b) The posted speed limit is 65 miles per hour and the person is not exceeding a speed of 75 miles per hour.
(c) The posted speed limit is 70 miles per hour and the person is not exceeding a speed of 75 miles per hour.
2. A violation of the speed limit under any of the circumstances set forth in subsection 1 must not be recorded by the department on a driver's record and shall not be deemed a moving traffic violation.".
Senator Rhoads moved the adoption of the amendment.
Remarks by Senators Rhoads, O'Donnell, Augustine, Shaffer and Neal.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 179.
Bill read second time and ordered to third reading.

Senate Bill No. 33.
Bill read third time.
Senator Adler moved to withdraw Amendment No. 115.
Motion carried.
The following amendment was proposed by Senator Adler.
Amendment No. 141.
Amend the bill as a whole by renumbering sections 7 through 13 as sections 9 through 15 and adding new sections designated sections 7 and 8, following sec. 6, to read as follows:
"Sec. 7. NRS 202.2493 is hereby amended to read as follows:
202.24931. A person shall not sell, distribute or offer to sell cigarettes or smokeless products made from tobacco in any form other than in an unopened package which originated with the manufacturer and bears any health warning required by federal law. A person who violates this subsection shall be punished by a fine of $100 and a civil penalty of $100.
2. Except as otherwise provided in subsections 3, 4 and 5, it is unlawful for any person to sell, distribute or offer to sell cigarettes, cigarette paper, tobacco of any description or products made from tobacco to any child under the age of 18 years. A person who violates this subsection shall be punished :
(a) For a first or second offense within 2 years, by a fine of not more than $500 and a civil penalty of not more than $500.
(b) For a third or subsequent offense within 2 years, by a fine of not more than $2,500 and a civil penalty of not more than $2,500.
3. A person shall be deemed to be in compliance with the provisions of subsection 2 if, before he sells, distributes or offers to sell to another, cigarettes, cigarette paper, tobacco of any description or products made from tobacco, he:
(a) Demands that the person present a valid driver's license or other written or documentary evidence which shows that the person is 18 years of age or older;
(b) Is presented a valid driver's license or other written or documentary evidence which shows that the person is 18 years of age or older; and
(c) Reasonably relies upon the driver's license or written or documentary evidence presented by the person.
4. The employer of a child who is under 18 years of age may, for the purpose of allowing the child to handle or transport tobacco or products made from tobacco in the course of the child's lawful employment, provide tobacco or products made from tobacco to the child.
5. [With] Except as otherwise provided in this subsection, with respect to any sale made by his employee, the owner of a retail establishment shall be deemed to be in compliance with the provisions of subsection 2 if he:
(a) Had no actual knowledge of the sale; and
(b) Establishes and carries out a continuing program of training for his employees which is reasonably designed to prevent violations of subsection 2.
The provisions of this subsection do not apply to a third or subsequent sale made at the retail establishment within 2 years in violation of the provisions of subsection 2.
6. Any money recovered pursuant to this section as a civil penalty must be deposited in a separate account in the state general fund to be used for the enforcement of this section and NRS 202.2494.
Sec. 8. NRS 202.2496 is hereby amended to read as follows:
202.24961. As necessary to comply with applicable federal law, the attorney general shall conduct random, unannounced inspections at locations where tobacco and products made from tobacco are sold, distributed or offered for sale to inspect for and enforce compliance with NRS 202.2493 and 202.2494. For assistance in conducting any such inspection, the attorney general may contract with:
(a) Any sheriff's department;
(b) Any police department; or
(c) Any other person who will, in the opinion of the attorney general, perform the inspection in a fair and impartial manner.
2. A sheriff's department or police department may, within its jurisdiction and independently of the office of the attorney general, conduct random, unannounced inspections at locations where tobacco and products made from tobacco are sold, distributed or offered for sale to inspect for and enforce compliance with NRS 202.2493 and 202.2494. The department shall report the results of any such inspection to the attorney general.
3. If [the] an inspector desires to enlist the assistance of a child under the age of 18 for such an inspection, the inspector shall obtain the written consent of the child's parent for such assistance.
[3.] 4. A child assisting in an inspection pursuant to this section shall, if questioned about his age, state his true age and that he is under 18 years of age.
[4.] 5. If a child is assisting in an inspection pursuant to this section, the person supervising the inspection shall:
(a) Refrain from altering or attempting to alter the child's appearance to make him appear to be 18 years of age or older.
(b) Photograph the child immediately before the inspection is to occur and retain any photographs taken of the child pursuant to this paragraph.
[5.] 6. The person supervising an inspection using the assistance of a child shall, within a reasonable time after the inspection is completed:
(a) Inform a representative of the business establishment from which the child attempted to purchase tobacco or products made from tobacco that an inspection has been performed and the results of that inspection.
(b) Prepare a report regarding the inspection. The report must include the following information:
(1) The name of the person who supervised the inspection and the position held by him;
(2) The age and date of birth of the child who assisted in the inspection;
(3) The name and position of the person from whom the child attempted to purchase tobacco or products made from tobacco;
(4) The name and address of the establishment at which the child attempted to purchase tobacco or products made from tobacco;
(5) The date and time of the inspection; and
(6) The result of the inspection, including whether the inspection resulted in the sale, distribution or offering for sale of tobacco or products made from tobacco to the child.
[6.] 7. No civil or criminal action based upon an alleged violation of NRS 202.2493 or 202.2494 may be brought as a result of an inspection for compliance in which the assistance of a child has been enlisted unless the inspection has been conducted in accordance with the provisions of this section.".
Amend sec. 13, page 13, line 7, by deleting "or".
Amend sec. 13, page 13, line 10, by deleting "tobacco," and inserting:
"tobacco; or
3. The sale, distribution or offer to sell cigarettes, cigarette paper, tobacco of any description or products made from tobacco to any child who is under the age of 18 years,".
Amend the title of the bill, by deleting the third through sixth lines and inserting:
"supervision and care or rehabilitation; revising the penalties for selling, distributing or offering to sell cigarettes, tobacco and other related products to a minor; clarifying the authority of sheriffs' and police departments to inspect for compliance with certain laws pertaining to the sale, distribution or offer for sale of such products; requiring the results of such inspections to be reported to the attorney general; providing penalties; and".
Amend the summary of the bill to read as follows:
"Summary--Makes various changes to provisions related to use, sale and distribution of tobacco and related products. (BDR 5-388)".
Senator Adler moved the adoption of the amendment.
Remarks by Senators Adler, Regan, James, Augustine, Neal and O'Donnell.
Motion lost on a division of the house.
Senator Raggio moved that Senate Bill No. 33 be taken from the General File and placed on General File for the next legislative day.
Remarks by Senator Raggio.
Motion carried.

Assembly Bill No. 237.
Bill read third time.
Roll call on Assembly Bill No. 237:
Yeas--20.
Nays--None.
excused--Porter.
Assembly Bill No. 237 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Chamber, Carson City, April 2, 1997

To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day concurred in the Senate amendment to Assembly Bill No. 301.
Jacqueline Sneddon

Assistant Chief Clerk of the Assembly

On request of Senator Jacobsen, the privilege of the floor of the Senate Chamber for this day was extended to the following members of the Douglas County Republican Women's Club: Donna Allgeier, Bob Allgeier, Joanne Barr, Lois Bolte, Lois Carty, Hazel Carley, Wava Copley, Al Copley, Sherry Dilley, Larry Dilley, Kay Dupuis, Connie Elvik, Maria Gorrindo, Milly Griffin, Lou Heckl, Ann Hersey, Fred Hersey, Phyllis Millard, Cherie Owen, Lorene Palmer, Bill Palmer, Brenda Robertson, Shirley Schrengohst, Cindy Seligman, Charlotte Shroyer, Shaaron Snead, Paula Tarvainen, Mark Tarvainen and Beverly Willard.

On request of Senator Townsend, the privilege of the floor of the Senate Chamber for this day was extended to Cub Scout Pack 101 members: Erik Prudden, Kevin Jones, Steven McGill and Keagan Kibbe; chaperones: Emily Jones, Joanne Jones and Pat McGill.

Senator Raggio moved that the Senate adjourn until Thursday, April 3, 1997 at 10:30 a.m.
Motion carried.

Senate adjourned at 12:26 p.m.

Approved:

Lonnie L. Hammargren, M.D.

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