Carson City (Saturday), July 5, 1997

Assembly called to order at 11:01 a.m.
Mr. Speaker presiding.
Roll called.
All present.
Prayer by the Chaplain, The Reverend Lisa Schilbe.
Almighty God, You are too incredible and unfathomable for our finite minds to grasp. While we can only see a small part of the picture, You see the whole spectrum as it unfolds before You, help us to trust You that there is a reason why we are still meeting together. Lord, You want to work through each one of us individually on Your time, that Your purposes might be brought to completion. We pray for strength and focus this day. In Your Holy name we pray.

Amen.

Pledge of allegiance to the Flag.

Assemblyman Perkins moved that further reading of the Journal be dispensed with, and the Speaker and Chief Clerk be authorized to make the necessary corrections and additions.
Motion carried.

Richard Perkins,

Chairman

Mr. Speaker:
Your Committee on Elections, Procedures, and Ethics, to which was referred Assembly Concurrent Resolution No. 57, has had the same under consideration, and begs leave to report the same back with the recommendation: Be adopted.

Christina R. Giunchigliani,

Chairman

Mr. Speaker:
Your Committee on Government Affairs, to which were referred Assembly Bill No. 616; Senate Bill No. 39 has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Douglas A. Bache,

Chairman

Mr. Speaker:
Your Committee on Government Affairs, to which was referred Senate Bill No. 254, 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 Government Affairs.

Douglas A. Bache,

Chairman

Mr. Speaker:
Your Committee on Labor and Management, to which was referred Senate Bill No. 400, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Saundra Krenzer,

Chairman

Mr. Speaker:
Your Committee on Transportation, to which was re-referred Senate Bill No. 430, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Vonne Chowning,

Chairman

Mr. Speaker:
Your Committee on Ways and Means, to which were referred Assembly Bills Nos. 670, 669; Senate Bills Nos. 271, 492, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Morse Arberry, Jr.,

Chairman

Mr. Speaker:
Your Committee on Ways and Means, to which were referred Senate Bills Nos. 315, 327, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Morse Arberry, Jr.,

Chairman

Mr. Speaker:
Your Concurrent Committee on Ways and Means, to which was re-referred Senate Bill No. 103, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Morse Arberry, Jr.,

Chairman

Mr. Speaker:
Your Committee on Ways and Means, to which was re-referred Assembly Bill No. 339, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Morse Arberry, Jr.,

Chairman

Mr. Speaker:
Your Committee on Ways and Means, to which was referred Senate Bill No. 211, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Morse Arberry, Jr.,

Chairman

Mr. Speaker:
Your Committee on Ways and Means, to which was referred Senate Bill No. 319, 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 Ways and Means.

Morse Arberry, Jr.,

Chairman

Mr. Speaker:
Your Committee on Ways and Means, to which was re-referred Assembly Bill No. 280, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass, as amended.

Morse Arberry, Jr.,

Chairman

Senate Chamber, Carson City, July 4, 1997

To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate amended, and on this day passed, as amended, Assembly Bills Nos. 170, 191, 262, 333, 345, 394, 401, 429, 471, 494, 525, 574, 628, 642 and respectfully requests your honorable body to concur in said amendments.
Also, I have the honor to inform your honorable body that the Senate amended, and on this day adopted, as amended Assembly Concurrent Resolution No. 28.
Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bills Nos. 361, 397, 444.
Also, I have the honor to inform your honorable body that the Senate on this day concurred in the Assembly amendments to Senate Bills Nos. 105, 266.
Also, I have the honor to inform your honorable body that the Senate on this day respectfully refused to concur in the Assembly amendment to Senate Bill No. 489.
Also, I have the honor to inform your honorable body that the Senate on this day adopted the report of the First Committee on Conference concerning Senate Bill No. 167.

Mary Jo Mongelli

Assistant Secretary of the Senate

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

176.185 1. Except as otherwise provided in this section, [whenever] 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 [where] if the person is found to be a habitual criminal pursuant to NRS 207.010, a habitually fraudulent felon pursuant to NRS 207.014, a habitual felon pursuant to NRS 207.012 or a habitual sex offender pursuant to section 35 of [this act,] Senate Bill No. 100 of this session, 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 may grant probation to a person convicted of indecent or obscene exposure or of lewdness only if a certificate of a psychologist or psychiatrist, as required by NRS 201.210, 201.220 or 201.230, is received by the court. 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.

"AN ACT relating to sex offenders; providing for the involuntary civil commitment of certain sexually violent predators; requiring the mental hygiene and mental retardation division of the department of human resources to adopt certain regulations concerning involuntary civil commitment; increasing the term of imprisonment for certain habitual sex offenders; and providing other matters properly relating thereto.".

"SUMMARY--Provides for involuntary civil commitment of certain sexually violent predators and increases term of imprisonment for certain habitual sex offenders. (BDR 39-286)".

By the Committee on Elections, Procedures, and Ethics.
Assembly Concurrent Resolution No. 59 RESOLUTION--Commending the Chief and staff of the State Printing Division of the Department of Administration for services rendered to the Nevada Legislature.
Whereas, The Chief Donald L. Bailey, Sr., and the staff of the State Printing Division of the Department of Administration have worked long hours in meeting the needs of the 69th session of the Nevada Legislature; and
Whereas, The work produced by the State Printing Division met the high standards of previous years because of the care that Chief Don Bailey and his excellent staff devoted to every assignment given to them; and
Whereas, Without such outstanding service from the Chief and his staff, the Legislature could not function or fulfill its obligations to the people of the State of Nevada; and
Whereas, This year, the members of the 69th session of the Nevada Legislature were especially proud of the national recognition Chief Donald L. Bailey, Sr., received upon being selected as the recipient of the prestigious award, "Manager of the Year," by In-Plant Graphics Magazine; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 69th session of the Nevada Legislature hereby express their appreciation and commend Chief Donald L. Bailey, Sr., and the members of his staff at the State Printing Division of the Department of Administration for their dedication and exceptional work; and be it further
Resolved, That Chief Donald L. Bailey, Sr., is hereby congratulated for receiving national recognition upon being named this year's "Manager of the Year" by In-Plant Graphics magazine; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Mr. Donald L. Bailey, Sr., the Chief of the State Printing Division of the Department of Administration.
Assemblywoman Giunchigliani moved the adoption of the resolution.
Remarks by Assemblywoman Giunchigliani.
Resolution adopted.

Senate Bill No. 397.
Assemblyman Perkins moved that the bill be referred to the Committee on Natural Resources, Agriculture, and Mining.
Motion carried.

Senate Bill No. 444.
Assemblyman Perkins moved that the bill be referred to the Committee on Transportation.
Motion carried.

Assemblyman Perkins moved that Assembly Bills Nos. 280, 318; Senate Bill No. 86, 187, 436, 480, 488 be placed on the General File.
Motion carried.

Assemblyman Perkins moved that Assembly Concurrent Resolution No. 57 be placed on the Resolution File.
Motion carried.

Senate Bill No. 430.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
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.".
Assemblywoman Chowning moved the adoption of the amendment.
Remarks by Assemblymen Chowning and Bache.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.

Senate Bill No. 458.
Bill read second time.
The following amendment was proposed by the Committee on Commerce:
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.".
Assemblywoman Buckley moved the adoption of the amendment.
Remarks by Assemblywoman Buckley.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.

Assembly Bill No. 628.
The following Senate amendment was read:
Amendment No. 1117.
Amend section 1, page 2, by deleting lines 1 through 7 and inserting:
"peace in a township, the new justice or justices of the peace must be elected at the next ensuing biennial election.".
Assemblyman Anderson moved that the Assembly concur in the Senate amendment to Assembly Bill No. 628.
Remarks by Assemblyman Anderson.
Motion carried.
Bill ordered enrolled.

TEXT OF REPEALED SECTIONS

388.367Fund for improvement of occupational education.
1. There is hereby created in the state treasury the fund for the improvement of occupational education to be administered by the state board of education. The interest and income earned on the money in the fund, after deducting any applicable charges, must be credited to the fund.
2. Money in the fund must be used for the program to provide pupils with the skills to make the transition from school to work adopted pursuant to NRS 388.368.
3. Money in the fund must not be:
(a) Considered in negotiations between a recognized organization of employees of a school district and the school district; or
(b) Used to reduce the amount of money which would otherwise be made available for occupational education in the absence of this section.
4. The state board of education shall establish annually a basic allocation of $25,000 to each school district and community college whose application to participate in the program adopted pursuant to NRS 388.368 is approved by the state board of education. The remaining money must be allocated to:
(a) School districts with approved applications in proportion to the total number of pupils enrolled in grades 7 through 12, inclusive, within the district on the last day of the first month of the school year preceding the school year for which the money is being provided; and
(b) Community colleges with approved applications in proportion to the total number of full-time students enrolled on October 15 of the school year preceding the school year for which the money is being provided.
388.368Program to provide pupils with skills to make transition from school to work: Objectives; eligibility for participation and funding; report.
1. The state board of education shall adopt a comprehensive program to provide pupils with the skills to make the transition from school to work. The state board of education shall develop, implement and review the program with the assistance of the assisting agencies and the business community that will be included in the partnerships established pursuant to paragraph (a) of subsection 3.
2. The program to provide pupils with the skills to make the transition from school to work must be designed to achieve the following objectives:
(a) To provide all pupils with an equal opportunity to learn about and explore various career options before the completion of middle school.
(b) To provide career counseling for all pupils during the 9th and 10th grades.
(c) To provide all pupils with an equal opportunity to achieve high academic standards and to obtain training in occupations that earn high wages.
(d) To strengthen and expand existing technical and vocational education programs adopted pursuant to the Carl D. Perkins Vocational and Applied Technology Education Act (20 U.S.C. §§ 2301 et seq.).
(e) To adopt a system for issuing certificates of technical or vocational proficiency.
(f) To adopt a curriculum and a system to allow pupils and students to participate in educational activities in the workplace.
(g) To provide all pupils with programs of job training and placement or programs for preparation for postsecondary education during the 12th grade.
(h) To strengthen the relationship between the business community and school districts to promote job training and internships.
(i) To encourage statewide participation in the program.
(j) To meet the continuing educational and developmental needs of teachers and employees of the school district.
(k) To adopt a process to evaluate the program and to integrate improvements into the program.
3. To be eligible to receive funding for and to participate in the program established pursuant to this section, a school district or a community college must submit to the state board of education an application that includes:
(a) A description of the partnership between the school district or community college and the business community that will be established to carry out the program adopted pursuant to this section. The partnership must consist of employers, representatives of local educational agencies, local postsecondary educational institutions, representatives of labor organizations, pupils, parents and persons representing rehabilitation, employment and training services.
(b) A plan that describes how the partnership will carry out the objectives of the program, including specific requirements for periodic review and approval by the members of the partnership representing the business community of the means of obtaining those objectives. The members of the partnership who perform the periodic review shall make a determination of whether the program is actually improving the participants' skills to make the transition from school to work. The members of the partnership who perform the periodic review must include employers who are likely to hire pupils who complete the program as well as other employers who are active in the establishment of programs for job training and placement.
(c) A description of an annual evaluation to be conducted by the partnership and used to measure the success of the program. The results of the evaluation must be submitted to the state board of education and contain specific comments from the members of the partnership representing the business community regarding the effectiveness of the program in producing pupils who are ready for employment in the workplace.
(d) Other information the state board of education may require to determine the eligibility of the school district to participate in the program.
4. The state board of education, after consultation with the assisting agencies, shall submit a report containing its findings, conclusions and recommendations regarding the program adopted pursuant to this section to each session of the legislature.
5. As used in this section, "assisting agencies" means the commission on economic development, the department of employment, training and rehabilitation, the welfare division of the department of human resources, the department of information services, the state industrial insurance system, the division of state library and archives of the department of museums, library and arts and the University and Community College System of Nevada.".
Assemblyman Williams moved that the Assembly do not concur in the Senate amendment to Assembly Bill No. 191.
Remarks by Assemblyman Williams.
Motion carried.
Bill ordered transmitted to the Senate.

Assembly Bill No. 191.
The following Senate amendment was read:
Amendment No. 1155.
Amend the bill as a whole by adding a new section designated sec. 2.5, following sec. 2, to read as follows:
"Sec. 2.5. Section 5 of chapter 664, Statutes of Nevada 1993, as amended by section 1 of chapter 343, Statutes of Nevada 1995, at page 862, is hereby amended to read as follows:

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

Assembly Bill No. 471.
The following Senate amendment was read:
Amendment No. 1149.
Amend section 1, page 1, line 3, by deleting "The" and inserting:
"Except as otherwise provided in subsection 2, the".
Amend section 1, page 1, line 6, by deleting:
", a territory of the United States".
Amend section 1, page 1, by deleting lines 7 through 9 and inserting:
"(b) Has received a degree from a dental school or college accredited by the American Dental Association Commission on Dental Accreditation, or its successor organization;
(c) Has at least 5 years of clinical experience obtained after receiving such a degree; and
(d) Has entered into a contract with a facility approved by the health division of the department ".
Amend section 1, page 1, by deleting line 13 and inserting:
"(a) Who has failed to pass the examination of the board;".
Amend section 1, page 2, line 1, by deleting:
"by the board;" and inserting:
"in this state, another state or territory of the United States or the District of Columbia;".
Amend section 1, page 2, line 2, by deleting the italicized period and inserting:
"in this state, another state or territory of the United States or the District of Columbia.".
Amend section 1, page 2, by deleting line 6 and inserting:
"(1) Under the supervision of a dentist who is licensed to practice dentistry in this state and appointed by the health division of the department to supervise dental care that is provided in a facility which has entered into a contract with the person to whom a restricted license is issued and which is approved by the health division of the department; and ".
Amend section 1, page 2, line 7, by deleting "(c)" and inserting "(d)".
Amend section 1, page 2, line 10, by deleting the italicized period and inserting:
", which includes, without limitation, providing dental services to a person who pays for the services.".
Amend section 1, page 2, by deleting lines 11 and 12 and inserting:
"4. A person who receives a restricted license must pass the examination of the board within 1 year after receiving his restricted license. If the person fails to pass that examination, the board shall revoke the restricted license.
5. The board may revoke a restricted license at any time.".
Amend the bill as a whole by deleting sec. 2 and adding a new section designated sec. 2 and the text of the repealed section, following section 1, to read as follows:
"Sec. 2. NRS 631.270 is hereby repealed.

TEXT OF REPEALED SECTION

631.270Limited license.
1. The board shall without examination grant a limited license to practice dentistry in this state to any graduate of an accredited dental school, who is otherwise qualified, upon request of the governing board of any accredited hospital for such graduate to serve as a dental intern in such institution, with such limited duties as may be defined in such request.
2. No such limited license shall be granted to any person whose license to practice dentistry has been revoked or to whom a license has been refused.
3. Such limited license shall not permit the holder thereof to open an office for private practice or to receive compensation for the practice of dentistry except such salary as may be paid by the State of Nevada, its legal subdivision, or the institution by which he is employed.
4. Such limited license may be revoked by the board at any time, and shall expire by its own limitation 6 months after the date of its issuance, but may be renewed for a similar period at the discretion of the board.".
Amend the title of the bill by deleting the third and fourth lines and inserting:
"a license; and providing other matters properly".
Assemblywoman Freeman moved that the Assembly concur in the Senate amendment to Assembly Bill No. 471.
Remarks by Assemblywoman Freeman.
Motion carried.
Bill ordered enrolled.

Douglas A. Bache,

Chairman

Assemblyman Perkins moved that Senate Bill No. 450 be taken from the Chief Clerk's desk and placed on the Second Reading File.
Motion carried.

Assemblyman Goldwater moved that Senate Bill No. 256 be taken from the Chief Clerk's desk and placed on the General File.
Motion carried.

Assemblywoman Freeman moved that Assembly Concurrent Resolution No. 37 be taken from the Chief Clerk's desk and re-referred to the Committee on Health and Human Services.
Motion carried.

"AN ACT relating to child care; reducing the amount of the business tax for a business that provides for the care of the children of certain employees; providing immunity from civil liability to an employer for certain acts relating to child care; and providing other matters properly relating thereto.".

Senate Bill No. 450.
Bill read second time.
The following amendment was proposed by the Committee on Taxation:
Amendment No. 1173.
Amend section 1, page 2, line 43, by deleting "3" and inserting "4 ".
Amend the bill as a whole by renumbering sections 2 through 7 as sections 3 through 8 and adding a new section designated sec. 2, following section 1, to read as follows:
"Sec. 2. Chapter 41 of NRS is hereby amended by adding thereto a new section to read as follows:
If an employer:
1. Pays money directly to an employee for use by the employee to pay all or a portion of the cost of child care and the employee selects the child care facility independent of and without any input from the employer;
2. Provides to an employee one or more vouchers for use by the employee to pay all or a portion of the cost of child care at a child care facility licensed and in good standing pursuant to chapter 432A of NRS;
3. Directs or refers an employee to a child care facility licensed and in good standing pursuant to chapter 432A of NRS; or
4. Negotiates a discount or other benefit for an employee at a child care facility licensed and in good standing pursuant to chapter 432A of NRS,
the employer is immune from civil liability for damages arising from or relating to the child care provided to the children of the employee if the damages are caused by an act or omission that constitutes simple negligence.".
Amend sec. 2, page 3, line 2, by deleting:
"3 and 4" and inserting:
"4 and 5".
Amend sec. 5, page 3, line 20, by deleting "3" and inserting "4 ".
Amend the title of the bill to read as follows:

"AN ACT relating to child care; reducing the amount of the business tax for a business that provides for the care of the children of certain employees; providing immunity from civil liability to an employer for certain acts relating to child care; and providing other matters properly relating thereto.".

Assembly Bill No. 318.
Bill read third time.
Remarks by Assemblymen Amodei, Carpenter and Freeman.
Roll call on Assembly Bill No. 318:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 318 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 669.
Bill read third time.
Remarks by Assemblymen Arberry, Evans, Humke, Koivisto and Herrera.
Conflicts of interest declared by Assemblymen Evans and Humke.
Potential conflicts of interest declared by Assemblymen Koivisto and Herrera.
Roll call on Assembly Bill No. 669:
Yeas -- 40.
Nays -- None.
Not voting -- Evans, Humke - 2.
Assembly Bill No. 669 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Assembly Bill No. 670.
Bill read third time.
Remarks by Assemblyman Arberry.
Roll call on Assembly Bill No. 670:
Yeas -- 40.
Nays -- None.
Not voting -- Evans, Humke - 2.
Assembly Bill No. 670 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Senate Bill No. 86.
Bill read third time.
Remarks by Assemblymen Buckley and Lambert.
Assemblywoman Buckley moved that Senate Bill No. 86 be taken from the General File and placed on the Chief Clerk's desk.
Motion carried.

Senate Bill No. 151.
Bill read third time.
Remarks by Assemblyman Bache.
Roll call on Senate Bill No. 151:
Yeas -- 42.
Nays -- None.
Senate Bill No. 151 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Senate Bill No. 187.
Bill read third time.
Remarks by Assemblyman Arberry.
Roll call on Senate Bill No. 187:
Yeas -- 42.
Nays -- None.
Senate Bill No. 187 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Senate Bill No. 194.
Bill read third time.
Assemblyman Arberry moved that Senate Bill No. 194 be taken from the General File and placed on the Chief Clerk's desk.
Motion carried.

Senate Bill No. 256.
Bill read third time.
Remarks by Assemblymen Goldwater and Collins.
Roll call on Senate Bill No. 256:
Yeas -- 39.
Nays -- Amodei, Neighbors - 2.
Not voting -- Lambert.
Senate Bill No. 256 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Senate Bill No. 271.
Bill read third time.
Remarks by Assemblymen Williams and Ernaut.
Roll call on Senate Bill No. 271:
Yeas -- 42.
Nays -- None.
Senate Bill No. 271 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Senate Bill No. 400.
Bill read third time.
Remarks by Assemblywoman Krenzer.
Roll call on Senate Bill No. 400:
Yeas -- 39.
Nays -- Carpenter, Hickey, Tiffany - 3.
Senate Bill No. 400 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Senate Bill No. 436.
Bill read third time.
Remarks by Assemblyman Anderson.
Roll call on Senate Bill No. 436:
Yeas -- 42.
Nays -- None.
Senate Bill No. 436 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Senate Bill No. 480.
Bill read third time.
Remarks by Assemblyman Sandoval.
Roll call on Senate Bill No. 480:
Yeas -- 42.
Nays -- None.
Senate Bill No. 480 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Senate Bill No. 488.
Bill read third time.
Remarks by Assemblymen Ohrenschall, Hettrick, Humke, Anderson and Arberry.
Potential conflict of interest declared by Assemblyman Hettrick.
Assemblyman Arberry moved that Senate Bill No. 488 be taken from the General File and placed on the Chief Clerk's desk.
Remarks by Assemblyman Arberry.
Motion carried.

Senate Bill No. 492.
Bill read third time.
Remarks by Assemblymen Giunchigliani and Lambert.
Conflict of interest declared by Assemblywoman Lambert.
Roll call on Senate Bill No. 492:
Yeas -- 41.
Nays -- None.
Not voting -- Lambert.
Senate Bill No. 492 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

"SUMMARY--Directs Legislative Committee on Health Care to study long-term health care needs of residents of State of Nevada and availability of insurance for health care. (BDR R-1630)".

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

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

Assemblywoman Giunchigliani moved that Assembly Bill No. 525 be taken from Unfinished Business and placed on the Chief Clerk's desk.
Motion carried.

Assemblyman Perkins moved that Assembly Bills Nos. 103, 339 be placed on the General File.
Motion carried.

Assemblyman Perkins moved that Assembly Bill No. 616; Senate Bills Nos. 211, 254, 315, 319, 327 be placed on the Second Reading File.
Motion carried.

Sec. 19. 1. An occupancy tax of [1] 8 percent is hereby imposed on vendors furnishing lodgings in the township. The governing body shall administer the tax.

2. Every vendor who furnishes any lodgings within the township is exercising a taxable privilege.

3. A vendor is not exempt from the occupancy tax because the taxable premises are at any time located in a political subdivision other than the municipality.

Sec. 26. 1. From the proceeds of the occupancy tax paid by vendors located in the township, the governing body shall:

(a) Pay the principal of, interest on and any prior redemption premiums due in connection with any securities issued by the county pursuant to the Douglas County Lodgers Tax Law which were secured with the proceeds of the occupancy tax collected pursuant to the Douglas County Lodgers Tax Law.

(b) After allocation of those proceeds pursuant to paragraph (a), pay any obligations incurred before July 1, 1997, pursuant to any contractual agreements between the governing body and the Lake Tahoe Visitor's Authority.

2. A portion of the proceeds of the occupancy tax [,] paid by vendors located in the township, not to exceed 1 percent of the amount collected, may be used to collect and administer the tax.

[2. The remaining]

3. One-eighth of the proceeds of the occupancy tax paid by vendors located in the township must be remitted to the authority . [and]

4. After allocation pursuant to subsections 1, 2 and 3 of the proceeds of the occupancy tax paid by vendors located in the township, the remaining proceeds must be allocated as follows:

(a) Except as otherwise provided in paragraph (b), for each fiscal year beginning on or after July 1, 1999, 50 percent of those proceeds must be retained by the governing body for expenditure in any manner authorized for the expenditure of the proceeds of a tax imposed pursuant to the Douglas County Lodgers Tax Law and 50 percent of those proceeds must be remitted to the authority.

(b) Except as otherwise provided in paragraph (c), for each fiscal year beginning on or after July 1, 2000, the governing body shall revise the allocation required pursuant to this subsection in such a manner that the amount of those proceeds retained by the governing body is reduced, and the amount remitted to the authority is increased, from the amounts for the prior fiscal year by not less than 2 percent and not more than 5 percent of the total amount of the proceeds allocated pursuant to this subsection, until the amount retained by the governing body for each fiscal year equals 35 percent of those proceeds and the amount remitted to the authority for each fiscal year equals 65 percent of those proceeds.

(c) The governing body may, for not more than one of the fiscal years beginning on or after July 1, 2000, elect not to make a revision otherwise required pursuant to paragraph (b).

5. The proceeds remitted to the authority pursuant to subsections 3 and 4 must be used exclusively for:

(a) The advertising, publicizing and promotion of tourism and recreation; and

(b) The planning, construction and operation of a convention center in the township.

Sec. 13. "Gross taxable rent" defined. "Gross taxable rent" means the total amount of rent paid for lodging [.] , including any associated charges that are normally included in the rent.

Sec. 23. "Recreational facilities" defined. "Recreational facilities" means beach facilities, wharves, docking accommodations, marinas, jetties, breakwaters, shelters, other boating facilities, playgrounds, swimming pools, golf courses, tennis courts, squash courts, other courts, ball fields, other athletic fields, tracks, racecourses, playgrounds, parks, including without limitation graded, regraded, [gravelled,] graveled, surfaced, drained, cultivated and otherwise improved sites therefor, greenhouses, bandstand and orchestra facilities, golf house facilities, club houses, horseshoe pits, ball fields, swings, slides, other playground equipment, stadiums, fieldhouses, rinks, gymnasiums, appurtenant shower, locker and other bathhouse facilities, amusement halls, dance halls, auditoriums, arenas, theaters, concert halls, museums, exposition buildings, convention centers, conference grounds, hiking, riding and similar trails, aviaries, aquariums, zoological gardens, biological gardens and vivariums , [(] or any combination thereof , [)] of the county.

Sec. 25. "Taxable premises" defined. "Taxable premises" means [a hotel, apartment, apartment hotel, apartment house, lodge, lodging house, rooming house, guest house, motor hotel, guest house, guest ranch, ranch resort, guest resort, mobile home, motor court, auto court, auto camp, trailer court, trailer camp, trailer park, tourist camp, cabin or other premises used for lodging.] any:

1. Hotel;

2. Motel;

3. Apartment;

4. Time-share project, except when an owner of a unit in the time-share project who has a right to use or occupy the unit is occupying the unit pursuant to a time-share instrument as defined in NRS 119A.150;

5. Apartment hotel;

6. Vacation trailer park;

7. Campground;

8. Park for recreational vehicles; or

9. Other establishment that rents rooms or spaces to temporary or transient guests.

Sec. 28. Authorization of tax.

1. The municipality may impose an occupancy tax for revenues by ordinance on lodging within the municipality.

2. The occupancy tax shall not exceed 7 percent of the gross taxable rent. Any amount in excess of 5 percent must be used exclusively for advertising, publicizing and promoting tourism and the recreational facilities . [for the attraction of tourists and vacationers to the county.]

3. Every vendor who is furnishing any lodgings within the municipality is exercising a taxable privilege.

4. A vendor is not exempt from the occupancy tax because the taxable premises are at any time located in [an incorporated city, incorporated town or other public body,] a political subdivision other than the municipality.

Sec. 28. Authorization of tax.

1. The municipality may impose an occupancy tax for revenues by ordinance on lodging within the [municipality.] portion of the county lying outside the Tahoe Township, as the boundaries of that township existed on July 1, 1997.

2. The occupancy tax shall not exceed [7] 8 percent of the gross taxable rent. Any amount in excess of 5 percent must be used exclusively for advertising, publicizing and promoting tourism and the recreational facilities.

3. Every vendor who is furnishing any lodgings within the municipality is exercising a taxable privilege.

4. A vendor is not exempt from the occupancy tax because the taxable premises are at any time located in a political subdivision other than the municipality.

Sec. 29. Exemptions.

1. The municipality may provide that the occupancy tax [shall] does not apply:

(a) If a vendee:

(1) Has been a permanent resident of the taxable premises for a period of at least 28 consecutive days; or

(2) Enters into or has entered into a written agreement for lodgings at the taxable premises for a period of at least 28 consecutive days; [or]

(b) If the rent paid by a vendee is less than $2 a day;

(c) To [lodging accommodations] lodgings at religious, charitable, educational [,] or philanthropic institutions, including without limitation such accommodations at summer camps operated by such institutions;

(d) To clinics, hospitals or other medical facilities;

(e) To privately owned and operated convalescent homes or homes for the aged, infirm, indigent or chronically ill;

(f) If the taxable premises does not have at least three rooms or three other units of accommodations for lodging; or

(g) To all or any combination of events or conditions provided in paragraphs (a) to (f), inclusive.

2. The occupancy tax [shall] does not apply to [lodgings] :

(a) Lodgings at institutions of the Federal Government, the state, the municipality or any other public body.

(b) The rental of any lodgings by an employee of the Federal Government, the state or a political subdivision of the state, if the transaction is conducted directly with the governmental entity pursuant to a governmental credit card or a contract, purchase order or similar document executed or authorized by an appropriate official of the governmental entity.

Sec. 34. Use of tax proceeds.

1. Subject to the provisions of sections 28 and 35 of this act, the municipality may use the proceeds of its occupancy tax, if any, at any time or from time to time, as the governing body may determine, but subject to any contractual limitations pertaining to such tax proceeds, to defray costs of:

(a) The collection and other administration of the occupancy tax;

(b) The planning, establishment, acquisition, improvement, equipment, repair, operation and maintenance, or any combination thereof, of:

(1) Municipal airport facilities;

(2) Municipal recreational facilities; or

(3) Combined facilities;

(c) The acquisition, improvement, repair, operation, maintenance and disposal, or any combination thereof, of property for such airport facilities, such recreational facilities, or such combined facilities or appurtenant or incidental thereto, including without limitation sites, buildings, fixtures, other structures, other improvements and equipment therefor;

(d) Reasonably advertising, publicizing and promoting tourism and the recreational facilities ; [for the attraction of tourists and vacationists to the county;] or

(e) All or any combination of the foregoing purposes or transactions stated in this subsection.

2. Except as may be otherwise provided in any ordinance or other proceedings authorizing the issuance of or otherwise pertaining to outstanding municipal airport bonds or other outstanding municipal airport securities, the proceeds of the municipal occupancy tax may be held in a reserve account or reserve accounts as the governing body may determine for use subsequently for any one, all or any combination of the purposes or transactions stated in subsection 1.

"AN ACT relating to taxation; creating the Tahoe-Douglas Visitor's Authority; imposing a separate tax on lodging within the Tahoe Township in Douglas County; excluding that area from the operation of the Douglas County Lodgers Tax Law; making various changes to the Douglas County Lodgers Tax Law; and providing other matters properly relating thereto.".

"SUMMARY--Imposes separate tax on lodging to support Tahoe-Douglas Visitor's Authority and makes various changes to Douglas County Lodgers Tax Law. (BDR S-1811)".

Senate Bill No. 211.
Bill read second time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 1202.
Amend sec. 2, page 1, by deleting lines 7 through 16 and inserting:
"1. "Administrator" means the administrator of the commission.
2. "Commission" means the commission for the preservation of wild horses.
[2. "Commission fund" means the fund for the commission for the preservation of wild horses.]
3. "Director" means the director of the state department of conservation and natural resources.
4. "Heil trust" means the money given to the state by the Estate of Leo Heil for the preservation of wild horses in Nevada.
[4.] 5. "Wild horse" means a horse, mare or colt which is unbranded".
Amend sec. 3, page 2, line 21, by deleting "executive director" and inserting:
"[executive director] administrator".
Amend sec. 4, page 2, by deleting line 28 and inserting:
"[commission for the preservation of wild horses] director shall administer the fund.".
Amend sec. 4, page 2, line 29, by deleting "The" and inserting "[The".
Amend sec. 4, page 2, by deleting line 32 and inserting:
"for the preservation of wild horses from any".
Amend sec. 4, page 2, line 38, by deleting the brackets.
Amend sec. 4, page 2, by deleting line 40 and inserting:
"3.] The money in the [funds created by this section] fund must be invested as".
Amend sec. 4, page 2, line 42, by deleting "each" and inserting "[each] the".
Amend sec. 4, page 2, by deleting line 43 and inserting:
"[4. The commission for the preservation of wild horses]
3. The director shall authorize".
Amend sec. 4, page 2, line 44, by deleting "funds," and inserting "[funds,] fund,".
Amend sec. 4, page 3, line 1, by deleting:
"Heil trust fund for wild horses" and inserting:
"[Heil trust fund for wild horses] fund ".
Amend sec. 4, page 3, line 4, by deleting "funds" and inserting "[funds] fund ".
Amend sec. 4, page 3, by deleting lines 6 through 9 and inserting:
"[5.] 4. The expenses of the commission must be paid from the interest earned on the deposit or investment of the money in the [Heil trust fund for wild horses.] fund.".
Amend sec. 5, page 3, lines 12 and 13, by deleting "executive director" and inserting:
"[executive director] administrator".
Amend sec. 5, page 3, line 14, by deleting "executive director" and inserting:
"[executive director] administrator".
Amend sec. 5, page 3, line 17, by deleting "executive director" and inserting "administrator".
Amend sec. 5, page 3, line 19, by deleting "executive director" and inserting:
"[executive director] administrator".
Amend sec. 5, page 3, by deleting lines 26 through 31 and inserting:
"administrator or any other person unless the filing is approved by the director and a copy of the filing is provided to:
(a) Each person who is authorized to graze livestock on the public land which is the subject of the filing;
(b) The chairman of the board of county commissioners of each county where any part of the public land that is the subject of the filing is located; and
(c) Each member of the commission.
The commission shall review the matter concerning the filing at its next meeting.".
Amend sec. 6, page 3, by deleting lines 35 and 36 and inserting:
"on public lands designated by the Secretary of the Interior as sanctuaries for the protection of wild horses and burros pursuant to 16 U. S. C. § 1333 (a), at levels known to achieve a thriving natural".
Amend sec. 6, page 3, by deleting line 38 and inserting:
"those lands and the use of those lands for multiple purposes, and to identify".
Amend sec. 6, page 4, line 3, by deleting:
"Commission fund and the" and inserting:
"[Commission fund and the]".
Amend the bill as a whole by renumbering sections 9 and 10 as sections 11 and 12 and adding new sections designated sections 9 and 10, following sec. 8, to read as follows:
"Sec. 9. 1. The commission for the preservation of wild horses shall prepare a statewide plan to carry out the provisions of NRS 504.430 to 504.490, inclusive. The plan must include an explanation of the manner in which the money in the Heil trust fund for wild horses will be expended to carry out those provisions.
2. The commission shall, in preparing the plan required pursuant to subsection 1, conduct public meetings to receive comments from members of the general public.
3. The commission shall submit a copy of the plan to the director of the legislative counsel bureau not later than March 1, 1999, for transmittal to the 70th session of the Nevada legislature.
Sec. 10. The state controller shall, as soon as practicable after July 1, 1997, transfer any money in the fund for the commission for the preservation of wild horses created pursuant to NRS 504.450 which has not been committed for expenditure, to the Heil trust fund for wild horses created pursuant to NRS 504.450.".
Amend sec. 9, page 5, by deleting line 37 and inserting:
"Sec. 11. 1. Notwithstanding the provisions of subsection 4 of NRS 504.450, there is hereby appropriated from the state general fund to the director's office of ".
Amend sec. 9, page 6, by deleting lines 3 through 7 and inserting:
"For the salaries of the members of the commission for the preservation of wild horses and their expenses for travel in this state and the expenses relating to their participation in seminars, public hearings and field trips to gather information required for the preparation and adoption of the plan required by section 9 of this act $13,500
For the salary, benefits and travel and operating expenses of a wildlife staff biologist in the director's office of the state department of conservation and natural resources to assist the commission for the preservation of wild horses in the preparation of the plan required by section 9 of this act 61,500".
Amend the title of the bill, by deleting the fourth and fifth lines and inserting:
"on behalf of the commission unless approved by the director of the state department of conservation and natural resources; abolishing the fund for the commission for the preservation of wild horses; making an appropriation; and providing other".
Assemblyman Carpenter moved the adoption of the amendment.
Remarks by Assemblymen Carpenter, Giunchigliani, Hettrick, de Braga and Close.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.

Assemblyman Anderson moved that Senate Bill No. 480 be taken from the General File and placed on the Chief Clerk's desk.
Motion carried.

Senate Bill No. 315.
Bill read second time.
The following amendment was proposed by the Committee on Ways and Means:
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.
Assemblywoman Giunchigliani moved the adoption of the amendment.
Remarks by Assemblywoman Giunchigliani.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 319.
Bill read second time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 1213.
Amend the bill as a whole by deleting sections 6 and 7 and inserting:
"Secs. 6 and 7. (Deleted by amendment.)".
Amend sec. 8, page 3, by deleting lines 35 through 44 and inserting:
"Sec. 8. 1. There is hereby appropriated from the state general fund to the state public works board the sum of $140,000 for the renovation of building 7 at the".
Amend sec. 8, page 4, by deleting lines 5 through 44.
Amend sec. 8, page 5, line 1, by deleting "8." and inserting "2.".
Amend sec. 8, page 5, line 3, by deleting "two".
Amend sec. 8, page 5, by deleting line 4 and inserting:
"Washoe counties, including at least 8 beds in the facility located in Washoe County by October 1, 1997, and at least 16 beds in facilities located in Clark County by October 1, 1998, for persons in".
Amend sec. 8, page 5, line 6, by deleting "$876,054" and inserting "$236,227".
Amend sec. 8, page 5, line 7, by deleting "$694,191" and inserting "$471,372".
Amend sec. 8, page 5, by deleting lines 11 through 18.
Amend sec. 8, page 5, line 19, by deleting "10." and inserting "3.".
Amend sec. 8, page 5, by deleting line 25.
Amend sec. 8, page 5, line 26, by deleting "$416,395" and inserting "$420,932".
Amend sec. 9, page 5, lines 30 and 31, by deleting:
"1, 3, 4, 5, 6, 8, 9 and 10" and inserting:
"2 and 3".
Amend sec. 10, page 5, line 35, by deleting "appropriations" and inserting "appropriation".
Amend sec. 10, page 5, line 36, by deleting:
"subsections 2 and 7" and inserting "subsection 1".
Amend the bill as a whole by adding a new section designated sec. 10.5, following sec. 10, to read as follows:
"Sec. 10.5. 1. There is hereby appropriated from the state general fund to the motor pool division of the department of administration the sum of $73,932 for the purchase of additional vehicles for use by the mental hygiene and mental retardation division of the department of human resources.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.".
Amend sec. 11, page 5, by deleting lines 39 and 40 and inserting:
"Sec. 11. This act becomes effective on July 1, 1997.".
Amend the title of the bill, sixth line, by deleting "programs" and inserting:
"programs, the purchase of vehicles".
Assemblywoman Evans moved the adoption of the amendment.
Remarks by Assemblywoman Evans.
Amendment adopted.
Assemblywoman Evans moved that Senate Bill No. 319 be re-referred to the Committee on Ways and Means after reprint.
Motion carried.
Bill ordered reprinted, engrossed and to the Committee on Ways and Means.

Senate Bill No. 327.
Bill read second time.
The following amendment was proposed by the Committee on Ways and Means:
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.

Sec. 2. NRS 224.050 is hereby amended to read as follows:

224.050

1. Until the first Monday in January [1991,] 1999, the lieutenant governor is entitled to receive an annual salary of [$12,500.] $20,000. From and after the first Monday in January [1991,] 1999, the lieutenant governor is entitled to receive an annual salary of [$20,000.] $50,000.

2. In addition to the annual salary provided for in subsection 1, the lieutenant governor is entitled to receive the compensation provided for a majority of the members of the legislature for a regular session pursuant to NRS 218.210, and the per diem allowance and travel expenses authorized for the members of the legislature.

3. In addition to the salary provided in subsections 1 and 2, the lieutenant governor is entitled to receive $130 for each day on which he is actually employed as governor and the per diem allowance and travel expenses as provided for state officers and employees generally when acting as governor, or when discharging other official duties as lieutenant governor, at times when the legislature is not in session.

Shall members of the Nevada Legislature receive an increase in their compensation?

Senate Chamber, Carson City, July 5, 1997

To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day respectfully refused to recede from its action on Assembly Bill No. 366 and requests a conference, and appointed Senators Townsend, Rhoads and Neal as a First Committee on Conference to meet with a like committee of the Assembly.

Mary Jo Mongelli

Assistant Secretary of the Senate

Assemblyman Perkins moved that the Assembly recess until 3:30 p.m.
Motion carried.

Assembly in recess at 1:33 p.m.

At 5:17 p.m.
Mr. Speaker presiding.
Quorum present.

Morse Arberry, Jr.,

Chairman

Mr. Speaker:
Your Committee on Transportation, to which was referred Senate Bill No. 444, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Vonne Chowning,

Chairman

Senate Chamber, Carson City, July 5, 1997

To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day passed Assembly Bills Nos. 3, 5, 96, 286, 349, 363, 365, 425, 496, 527, 529, 531, 541, 546, 547, 584, 608, 617, 623, 630, 633, 650, 663, 667.
Also, I have the honor to inform your honorable body that the Senate amended, and on this day passed, as amended, Assembly Bills Nos. 17, 375, 578, 602, 613.
Also, I have the honor to inform your honorable body that the Senate on this day passed Assembly Joint Resolution No. 5.
Also, I have the honor to inform your honorable body that the Senate on this day passed Senate Bill No. 491.
Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bill No. 200.
Also, I have the honor to inform your honorable body that the Senate on this day concurred in the Assembly amendments to Senate Bills Nos. 233, 368, 446.
Also, I have the honor to inform your honorable body that the Senate on this day respectfully refused to concur in the Assembly amendments to Senate Bills Nos. 356, 424, 457.
Also, I have the honor to inform your honorable body that the Senate on this day appointed Senators O'Connell, Shaffer and Raggio as a First Committee on Conference concerning Senate Bill No. 148.
Also, I have the honor to inform your honorable body that the Senate on this day appointed Senators Schneider, O'Connell and Shaffer as a First Committee on Conference concerning Senate Bill No. 314.
Also, I have the honor to inform your honorable body that the Senate on this day appointed Senators Regan, Adler and McGinness as a First Committee on Conference concerning Senate Bill No. 398.
Also, I have the honor to inform your honorable body that the Senate on this day adopted the report of the First Committee on Conference concerning Assembly Bill No. 470.

Mary Jo Mongelli

Assistant Secretary of the Senate

Assemblyman Perkins moved that Senate Bill No. 39, 430 be placed on the General File.
Motion carried.

Senate Bill No. 491.
Assemblyman Perkins moved that the bill be referred to the Committee on Ways and Means.
Motion carried.

"AN ACT relating to state financial administration; making appropriations for the support of various projects; and providing other matters properly relating thereto.".

Senate Bill No. 460.
Bill read second time.
The following amendment was proposed by the Committee on Ways and Means:
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.".

Assembly Bill No. 394.
The following Senate amendment was read:
Amendment No. 1136.
Amend section 1, page 1, line 5, after "inherited " by inserting "metabolic".
Amend section 1, page 1, by deleting lines 9 through 11 and inserting:
"(b) At least $2,500 per year for special food products which are prescribed or ordered by a physician as medically necessary for the treatment of a person described in paragraph (a).".
Amend section 1, page 1, line 15, by deleting:
"October 1, 1997," and inserting:
"January 1, 1998,".
Amend section 1, page 1, between lines 17 and 18, by inserting:
"4. As used in this section:
(a) "Inherited metabolic disease" means a disease caused by an inherited abnormality of the body chemistry of a person.
(b) "Special food product" means a food product that is specially formulated to have less than one gram of protein per serving and is intended to be consumed under the direction of a physician for the dietary treatment of an inherited metabolic disease. The term does not include a food that is naturally low in protein.".
Amend sec. 2, page 1, line 22, after "inherited " by inserting "metabolic".
Amend sec. 2, page 2, by deleting lines 4 through 6 and inserting:
"(b) At least $2,500 per year for special food products which are prescribed or ordered by a physician as medically necessary for the treatment of a person described in paragraph (a).".
Amend sec. 2, page 2, line 10, by deleting:
"October 1, 1997," and inserting:
"January 1, 1998,".
Amend sec. 2, page 2, between lines 12 and 13, by inserting:
"4. As used in this section:
(a) "Inherited metabolic disease" means a disease caused by an inherited abnormality of the body chemistry of a person.
(b) "Special food product" means a food product that is specially formulated to have less than one gram of protein per serving and is intended to be consumed under the direction of a physician for the dietary treatment of an inherited metabolic disease. The term does not include a food that is naturally low in protein.".
Amend sec. 3, page 2, line 17, after "inherited " by inserting "metabolic".
Amend sec. 3, page 2, by deleting lines 21 through 23 and inserting:
"(b) At least $2,500 per year for special food products which are prescribed or ordered by a physician as medically necessary for the treatment of a person described in paragraph (a).".
Amend sec. 3, page 2, line 27, by deleting:
"October 1, 1997," and inserting:
"January 1, 1998,".
Amend sec. 3, page 2, between lines 29 and 30 by inserting:
"4. As used in this section:
(a) "Inherited metabolic disease" means a disease caused by an inherited abnormality of the body chemistry of a person.
(b) "Special food product" means a food product that is specially formulated to have less than one gram of protein per serving and is intended to be consumed under the direction of a physician for the dietary treatment of an inherited metabolic disease. The term does not include a food that is naturally low in protein.".
Amend sec. 4, page 2, line 34, after "inherited " by inserting "metabolic".
Amend sec. 4, page 2, by deleting lines 38 through 40 and inserting:
"(b) At least $2,500 per year for special food products which are prescribed or ordered by a physician as medically necessary for the treatment of a person described in paragraph (a).".
Amend sec. 4, page 2, line 44, by deleting:
"October 1, 1997," and inserting:
"January 1, 1998,".
Amend sec. 4, page 3, after line 3, by inserting:
"4. As used in this section:
(a) "Inherited metabolic disease" means a disease caused by an inherited abnormality of the body chemistry of a person.
(b) "Special food product" means a food product that is specially formulated to have less than one gram of protein per serving and is intended to be consumed under the direction of a physician for the dietary treatment of an inherited metabolic disease. The term does not include a food that is naturally low in protein.".
Amend the bill as a whole by adding new sections designated sections 5 and 6, following sec. 4, to read as follows:
"Sec. 5. NRS 695C.050 is hereby amended to read as follows:
695C.0501. Except as otherwise provided in this chapter or in specific provisions of this Title, the provisions of this Title are not applicable to any health maintenance organization granted a certificate of authority under this chapter. This provision does not apply to an insurer licensed and regulated pursuant to this Title except with respect to its activities as a health maintenance organization authorized and regulated pursuant to this chapter.
2. Solicitation of enrollees by a health maintenance organization granted a certificate of authority, or its representatives, must not be construed to violate any provision of law relating to solicitation or advertising by practitioners of a healing art.
3. Any health maintenance organization authorized pursuant to this chapter shall not be deemed to be practicing medicine and is exempt from the provisions of chapter 630 of NRS.
4. The provisions of NRS 695C.110, 695C.170 to 695C.200, inclusive, 695C.250 and 695C.265 and section 4 of this act do not apply to a health maintenance organization that provides health care services through managed care to recipients of Medicaid pursuant to a contract with the welfare division of the department of human resources. This subsection does not exempt a health maintenance organization from any provision of this chapter for services provided pursuant to any other contract.
Sec. 6. Section 5 of this act becomes effective at 12:01 a.m. on October 1, 1997.".
Assemblywoman Evans moved that the Assembly concur in the Senate amendment to Assembly Bill No. 394.
Remarks by Assemblywoman Evans.
Mr. Speaker, this is a friendly amendment. It changes some dates and gives better definitional structure to the bill. I do wish to call to the attention of the Assembly that concern was expressed, with regard to section 5, that this would not apply to health maintenance organizations that would contract with the state under managed care. Indeed, I wish to emphasize that that is not the case, it is not the intent, and that these special prescribed foods would be covered for those who are served by Medicaid.
Thank you, Mr. Speaker.
Motion carried.
Bill ordered enrolled.

Assembly Bill No. 466.
The following Senate amendment was read:
Amendment No. 1090.
Amend sec. 3, page 3, line 19, by deleting "January" and inserting "July".
Assemblywoman Krenzer moved that the Assembly concur in the Senate amendment to Assembly Bill No. 466.
Remarks by Assemblywoman Krenzer.
Motion carried.
Bill ordered enrolled.

Assembly Bill No. 521.
The following Senate amendment was read:
Amendment No. 977.
Amend sec. 32, page 7, line 42, by deleting "50" and inserting "30".
Amend sec. 39, page 11, line 15, after "reside" by inserting "or work".
Amend sec. 40, page 11, by deleting lines 30 through 33 and inserting "plan.".
Amend the bill as a whole by adding a new section designated sec. 56.5, following sec. 56, to read as follows:
"Sec. 56.5. 1. Except as otherwise provided in this subsection, an individual health benefit plan issued pursuant to this chapter that includes coverage for maternity care and pediatric care for newborn infants may not restrict benefits for any length of stay in a hospital in connection with childbirth for a mother or newborn infant covered by the plan to:
(a) Less than 48 hours after a normal vaginal delivery; and
(b) Less than 96 hours after a cesarean section.
If a different length of stay is provided in the guidelines established by the American College of Obstetricians and Gynecologists, or its successor organization, and the American Academy of Pediatrics, or its successor organization, the individual health benefit plan may follow such guidelines in lieu of following the length of stay set forth above. The provisions of this subsection do not apply to any individual health benefit plan in any case in which the decision to discharge the mother or newborn infant before the expiration of the minimum length of stay set forth in this subsection is made by the attending physician of the mother or newborn infant.
2. Nothing in this section requires a mother to:
(a) Deliver her baby in a hospital; or
(b) Stay in a hospital for a fixed period following the birth of her child.
3. An individual health benefit plan that offers coverage for maternity care and pediatric care of newborn infants may not:
(a) Deny a mother or her newborn infant coverage or continued coverage under the terms of the plan or coverage if the sole purpose of the denial of coverage or continued coverage is to avoid the requirements of this section;
(b) Provide monetary payments or rebates to a mother to encourage her to accept less than the minimum protection available pursuant to this section;
(c) Penalize, or otherwise reduce or limit, the reimbursement of an attending provider of health care because he provided care to a mother or newborn infant in accordance with the provisions of this section;
(d) Provide incentives of any kind to an attending physician to induce him to provide care to a mother or newborn infant in a manner that is inconsistent with the provisions of this section; or
(e) Except as otherwise provided in subsection 4, restrict benefits for any portion of a hospital stay required pursuant to the provisions of this section in a manner that is less favorable than the benefits provided for any preceding portion of that stay.
4. Nothing in this section:
(a) Prohibits an individual health benefit plan from imposing a deductible, coinsurance or other mechanism for sharing costs relating to benefits for hospital stays in connection with childbirth for a mother or newborn child covered by the plan, except that such coinsurance or other mechanism for sharing costs for any portion of a hospital stay required by this section may not be greater than the coinsurance or other mechanism for any preceding portion of that stay.
(b) Prohibits an arrangement for payment between an individual health benefit plan and a provider of health care that uses capitation or other financial incentives, if the arrangement is designed to provide services efficiently and consistently in the best interest of the mother and her newborn infant.
(c) Prevents an individual health benefit plan from negotiating with a provider of health care concerning the level and type of reimbursement to be provided in accordance with this section.".
Amend sec. 80, page 25, between lines 41 and 42 by inserting:
"If a different length of stay is provided in the guidelines established by the American College of Obstetricians and Gynecologists, or its successor organization, and the American Academy of Pediatrics, or its successor organization, the group health plan or health insurance coverage may follow such guidelines in lieu of following the length of stay set forth above.".
Amend sec. 80, page 25, line 44, by deleting "period " and inserting:
"length of stay".
Amend sec. 87, pages 31 and 32, by deleting lines 36 through 43 on page 31 and lines 1 and 2 on page 32 and inserting:
"3. The premium for a converted policy may not exceed the small group index rate, as defined in paragraph (b) of subsection 3 of NRS 689C.230, applicable to the carrier by more than 110 percent. The small group index rate used by a carrier that does not write insurance to small employers in this state must be the average small group index rate, as determined by the commissioner, of the five largest carriers that provide coverage to small employers pursuant to this chapter for their basic and standard health benefit plans. The commissioner shall annually determine the average small group index rate, as measured by the premium volume of the plans, of those five largest carriers.".
Amend sec. 134, page 45, between lines 40 and 41 by inserting:
"If a different length of stay is provided in the guidelines established by the American College of Obstetricians and Gynecologists, or its successor organization, and the American Academy of Pediatrics, or its successor organization, the health benefit plan may follow such guidelines in lieu of following the length of stay set forth above.".
Amend sec. 134, page 46, line 3, by deleting "period " and inserting:
"length of stay".
Amend sec. 166, page 55, between lines 26 and 27, by inserting:
"8. Nothing in this section prohibits a reinsuring carrier or an individual reinsuring carrier from terminating the coverage of a small employer or an eligible person on the grounds described in paragraph (c) of subsection 1 of NRS 687B.320.
9. The plan of operation must provide that:
(a) A reinsuring carrier may reinsure a small employer or an eligible employee or his dependent if coverage is written on or after July 1, 1997; and
(b) An individual reinsuring carrier may reinsure an eligible person or his dependent if coverage is written on or after January 1, 1998.".
Amend sec. 175.3, page 60, line 4, by deleting "this chapter" and inserting:
"section 173 of this act".
Assemblyman Herrera moved that the Assembly concur in the Senate amendment to Assembly Bill No. 521.
Remarks by Assemblymen Herrera and Freeman.
Motion carried.
The following Senate amendment was read:
Amendment No. 1099.
Amend sec. 134, page 47, line 9, after the period by inserting:
"The provisions of this subsection do not apply to any health benefit plan in any case in which the decision to discharge the mother or newborn infant before the expiration of the minimum length of stay set forth in this subsection is made by the attending physician of the mother or newborn infant.".
Amend sec. 134, page 47, by deleting lines 13 through 17.
Amend the bill as a whole by adding a new section designated sec. 221.7, following sec. 221.5, to read as follows:
"Sec. 221.7. Section 9 of Assembly Bill No. 348 of this session is hereby amended to read as follows:

Sec. 9. NRS 695F.090 is hereby amended to read as follows:

695F.090

Prepaid limited health service organizations are subject to the provisions of this chapter and to the following provisions of this Title, to the extent reasonably applicable:

1. NRS 687B.310 to 687B.420, inclusive, concerning cancellation and nonrenewal of policies.

2. NRS 687B.122 to 687B.128, inclusive, concerning readability of policies.

3. The requirements of NRS 679B.152.

4. The fees imposed pursuant to NRS 449.465.

5. NRS 686A.010 to 686A.310, inclusive, concerning trade practices and frauds.

6. The assessment imposed pursuant to subsection 3 of NRS 679B.158.

7. Chapter 683A of NRS.

8. To the extent applicable, the provisions of sections 60 to 88, inclusive, of [this act] Assembly Bill No. 521 of this session and chapter 689C of NRS relating to the portability and availability of health insurance.

9. Section 1 of this act.".

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

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

Assembly Bill No. 345.
The following Senate amendment was read:
Amendment No. 1086.
Amend section 1, page 1, by deleting lines 7 through 12 and inserting:
"2. The annual assessment levied on railroads:
(a) Must be equal to the costs incurred by the commission that are not offset by the fees paid pursuant to NRS 459.512.
(b) Must be not more than 1 cent per ton of cargo transported by the railroads into, out of or through this state during the immediately preceding calendar year.".
Amend section 1, page 1, line 13, by deleting "4." and inserting "3.".
Amend section 1, page 2, line 5, by deleting "5." and inserting "4.".
Amend section 1, page 2, line 12, by deleting "6." and inserting "5.".
Amend section 1, page 2, line 20, by deleting "7." and inserting "6.".
Amend the bill as a whole by renumbering sections 3 through 5 as sections 4 through 6 and adding a new section designated sec. 3, to read as follows:
"Sec. 3. Expenditure of the following sums not appropriated from the state general fund or the state highway fund is hereby authorized by the public service commission of Nevada:
1. During the fiscal year beginning July 1, 1997, and ending June 30, 1998, $145,000 for rail safety inspectors.
2. During the fiscal year beginning July 1, 1998, and ending June 30, 1999, $145,000 for rail safety inspectors.".
Amend the title of the bill by deleting the third and fourth lines and inserting:
"relating to railroad safety; authorizing certain expenditures by the commission for rail safety inspectors; imposing certain reporting".
Amend the summary of the bill to read as follows:

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

Assembly Bill No. 494.
The following Senate amendment was read:
Amendment No. 1125.
Amend section 1, page 1, by deleting lines 11 through 17 and inserting:
"punished in accordance with the provisions of NRS 205.380.".
Assemblywoman Chowning moved that the Assembly do not concur in the Senate amendment to Assembly Bill No. 494.
Remarks by Assemblywoman Chowning.
Motion carried.
Bill ordered transmitted to the Senate.

Mr. Speaker announced that if there were no objections, the Assembly would recess subject to the call of the Chair.
Motion carried.

Assembly in recess at 5:43 p.m.

At 6:11 p.m.
Mr. Speaker presiding.
Quorum present.

bail agent pursuant to NRS 697.150 is entitled to renew his license after that date if he is otherwise qualified to be issued such a license and he has not, on or after October 1, 1997, been convicted of, or entered a plea of guilty or nolo contendere to, forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud or any crime involving moral turpitude.".
Assemblyman Herrera moved that the Assembly concur in the Senate amendment to Assembly Bill No. 578.
Remarks by Assemblyman Herrera.
Motion carried.
Bill ordered enrolled.

Morse Arberry, Jr.,

Chairman

Senate Bill No. 430.
Bill read third time.
Remarks by Assemblymen Chowning and Collins.
Roll call on Senate Bill No. 430:
Yeas -- 29.
Nays -- Anderson, Close, Collins, Evans, Freeman, Goldwater, Herrera, Koivisto, Lee, Mortenson, Perkins, Price - 12.
Absent -- Krenzer.
Senate Bill No. 430 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Mr. Speaker announced that if there were no objections, the Assembly would recess subject to the call of the Chair.
Motion carried.

Assembly in recess at 6:24 p.m.

At 6:39 p.m.
Mr. Speaker presiding.
Quorum present.

Wendell P. Williams,

Chairman

Assemblyman Perkins moved that Senate Bill No. 218 be placed on the Second Reading File.
Motion carried.

Assemblyman Arberry moved that Assembly Bill No. 480 be taken from the Chief Clerk's desk and re-referred to the Committee on Ways and Means.
Motion carried.

Douglas A. Bache,

Chairman

Mr. Speaker:
Your Concurrent Committee on Ways and Means, to which was referred Senate Bill No. 5, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Morse Arberry, Jr.,

Chairman

Assembly Bill No. 429.
The following Senate amendment was read:
Amendment No. 1124.
Amend section 1, page 2, line 24, by deleting "$290,000" and inserting "$319,000".
Amend section 1, page 2, line 40, after "4." by inserting:
"The Department may not use more than $29,000 of the money appropriated in subsection 1 for the cost of administering the provisions of this section.
5.".
Assemblyman Arberry moved that the Assembly concur in the Senate amendment to Assembly Bill No. 429.
Remarks by Assemblyman Arberry.
Motion carried.
Bill ordered enrolled.

Assembly Bill No. 613.
The following Senate amendment was read:
Amendment No. 1183.
Amend sec. 6, page 4, by deleting lines 6 through 12 and inserting:
"previous offense, guilty of a category D felony and shall be punished as provided in NRS 193.130.".
Assemblyman Price moved that the Assembly concur in the Senate amendment to Assembly Bill No. 613.
Remarks by Assemblyman Price.
Motion carried.
Bill ordered enrolled.

"AN ACT relating to public schools; creating the Incline Village school district; defining "county school district" for purposes of the Nevada Revised Statutes as including the Incline Village school district; and providing other matters properly relating thereto.".

"SUMMARY--Creates Incline Village school district. (BDR 34-352)".

Senate Bill No. 103.
Bill read third time.
Remarks by Assemblyman Anderson.
Assemblyman Anderson moved that Senate Bill No. 103 be placed on the Chief Clerk's desk.
Motion carried.

Senate Bill No. 444.
Bill read third time.
Remarks by Assemblyman Collins.
Assemblyman Collins moved that Senate Bill No. 444 be taken from the General File and placed on the Chief Clerk's desk.
Remarks by Assemblyman Collins.
Motion carried.

Senate Bill No. 458.
Bill read third time.
Remarks by Assemblywoman Braunlin.
Roll call on Senate Bill No. 458:
Yeas -- 41.
Nays -- Carpenter.
Senate Bill No. 458 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Senate Bill No. 480.
Bill read third time.
Remarks by Assemblyman Anderson.
Roll call on Senate Bill No. 480:
Yeas -- 42.
Nays -- None.
Senate Bill No. 480 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 375.
The following Senate amendment was read:
Amendment No. 1140.
Amend sec. 3, page 1, line 13, by deleting "a misrepresentation,".
Amend sec. 3, page 1, line 14, by deleting "improper,".
Amend sec. 4, page 2, line 13, by deleting "an" and inserting "a second ".
Amend sec. 16, page 6, by deleting lines 20 through 22 and inserting:
"to determine whether he is eligible for the services offered by the division. The evaluation must be conducted:
(a) Within 72 hours if the person has requested inpatient services; or
(b) Within 72 regular operating hours, excluding weekends and holidays, if the person has requested community-based or outpatient services.".
Amend sec. 18, page 6, line 31, after "psychologist," by inserting:
"marriage and family therapist,".
Amend sec. 18, page 6, line 32, after "psychologist," by inserting:
"marriage and family therapist,".
Assemblywoman Buckley moved that the Assembly concur in the Senate amendment to Assembly Bill No. 375.
Remarks by Assemblywoman Buckley.
Motion carried.
Bill ordered enrolled.

Assembly Bill No. 375.
The following Senate amendment was read:
Amendment No. 1177.
Amend sec. 3, page 1, by deleting lines 11 through 13 and inserting:
"1. The right not to be admitted to the facility under false pretenses or as a result of any improper, unethical or unlawful ".
Amend sec. 3, page 2, line 1, by deleting "To" and inserting:
"The right to".
Amend sec. 4, page 2, line 6, before "Each" by inserting "1.".
Amend sec. 4, page 2, line 11, by deleting "1." and inserting "(a)".
Amend sec. 4, page 2, line 14, by deleting "(a)" and inserting "(1)".
Amend sec. 4, page 2, line 16, by deleting "(b)" and inserting "(2)".
Amend sec. 4, page 2, line 18, by deleting "2." and inserting "(b)".
Amend sec. 4, page 2, line 20, by deleting "3." and inserting "(c)".
Amend sec. 4, page 2, between lines 21 and 22, by inserting:
"2. If the results of an evaluation conducted by a psychiatrist or psychologist pursuant to subsection 1 conflicts in any manner with the results of an evaluation conducted by the facility, the facility may request and receive a third evaluation of the client to resolve the conflicting portions of the previous evaluations.".
Amend sec. 13, page 4, line 19, by deleting "24 " and inserting "48".
Assemblywoman Buckley moved that the Assembly concur in the Senate amendment to Assembly Bill No. 375.
Remarks by Assemblywoman Buckley.
Motion carried.
Bill ordered enrolled.

Assembly Bill No. 333.
The following Senate amendment was read:
Amendment No. 1145.
Amend section 1, page 1, by deleting line 2 and inserting:
"a new section to read as follows:
If a commission develops a fixed guideway project, the department of transportation is hereby designated to serve as the oversight agency to ensure compliance with the federal safety regulations for rail fixed guideway systems set forth in 49 C.F.R. Part 659.".
Amend the bill as a whole by deleting sections 2 through 4 and renumbering sections 5 and 6 as sections 2 and 3.
Amend the bill as a whole by renumbering sections 7 and 8 as sections 5 and 6 and adding a new section designated sec. 4, following sec. 6, to read as follows:
"Sec. 4. Chapter 37 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If the State of Nevada or a city or county seeks to acquire through exercise, or the threat of exercise, of the power of eminent domain all or part of, or the right to operate, a monorail installed or operated pursuant to sections 8 to 15, inclusive, of this act, the owner is entitled, in addition to any other right provided by law:
(a) To adequate contractual assurance that, after acquisition, the acquirer will provide service, fares and performance conforming to those existing at the time of acquisition, for the period necessary to protect the usefulness of the monorail to the owner; and
(b) To approve any future deletions from or reconfigurations of the monorail, including passenger stations.
2. The acquirer shall hold the owner and operator harmless from any liability or claim arising after the acquisition from the operation or any change made in the installation of the monorail or from any act or omission of the acquirer or its employees, contractors or agents.".
Amend the bill as a whole by deleting sec. 9 and adding new sections designated sections 7 through 20, following sec. 8, to read as follows:
"Sec. 7. Chapter 705 of NRS is hereby amended by adding thereto the provisions set forth as sections 8 to 15, inclusive, of this act.
Sec. 8. As used in sections 8 to 15, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 9, 10 and 11 of this act have the meanings ascribed to them in those sections.
Sec. 9. "Monorail" means a system to transport passengers that is installed and operated on an exclusive fixed guideway. The term:
1. Includes associated passenger stations, power propulsion systems, lots for parking motor vehicles, workshops and other land and structures.
2. Does not include a system to transport passengers between two end points with no intermediate stops.
Sec. 10. "Operator" means a person who operates a monorail.
Sec. 11. "Owner" means a person who has the financial and technical capability to install and operate a monorail and who has applied for a franchise or other agreement to do so.
Sec. 12. A person may install and operate a monorail, and perform any work or borrow money preparatory or incident thereto, in a county whose population is 400,000 or more. The owner or operator may:
1. Establish the frequency of service and schedules of operation;
2. Establish the fares to be charged; and
3. Charge and collect fares from passengers.
Sec. 13. 1. The work of or incident to the installation and operation of a monorail is not a public work within the meaning of chapter 338 of NRS.
2. A monorail is not a public utility within the meaning of chapter 704 of NRS.
3. The department of transportation, the county in which a monorail is located or proposed to be located and a city within that county may exercise a power it holds related to transportation to facilitate the installation and operation of a monorail, and may contribute to or assist in the financing of the monorail.
Sec. 14. 1. A county whose population is 400,000 or more, and a city within such a county, may adopt an ordinance, in accordance with the provisions of section 15 of this act, to grant franchises for the installation and operation of monorails within the unincorporated area of the county and incorporated area of the city, respectively.
2. Before beginning construction of a monorail in a city or in the unincorporated area of a county that has adopted a franchising ordinance, the owner shall apply for a franchise. If the city or county has no such ordinance, the owner may enter into an agreement with the city or county that complies with the provisions of section 15 of this act. Before the city or county may enter into such an agreement, it must provide notice and a public hearing regarding the proposed agreement in the same manner as for an ordinance proposed to be adopted by the city or county under circumstances other than in an emergency.
3. The granting of a franchise or making of an agreement under subsection 2 dispenses with any permit otherwise required by the city or county. The city or county may, at the request of the owner, designate an officer or agency to cooperate with the owner to facilitate the installation and operation of the monorail.
Sec. 15. An ordinance or agreement authorized pursuant to section 14 of this act:
1. Must provide standards for construction and may incorporate existing uniform codes.
2. May include requirements for licensing and zoning, and any other restrictions upon the construction and operation of a monorail.
3. Must include provisions:
(a) Addressing the compatibility of a proposed monorail for connection with a system of transportation operated on a public fixed guideway.
(b) Requiring the owner or operator and any private entity that desires to connect its system of transportation with a monorail to cooperate in such a manner as to provide for the compatibility of passenger stations for such a connection pursuant to terms and conditions that:
(1) Address the effect of that compatibility on the plans of the owner for his capital investment and provide for a reasonable and equitable allocation of that investment;
(2) Provide for a reasonable and equitable allocation of the costs to operate and maintain the monorail; and
(3) Mitigate any other effects on the owner or operator resulting from the provision of that compatibility.
Sec. 16. NRS 709.050 is hereby amended to read as follows:
709.0501. The board of county commissioners may grant to any person, company, corporation or association the franchise, right and privilege to construct, install, operate and maintain street railways, electric light, heat and power lines, gas and water mains, telephone and telegraph lines, and all necessary or proper appliances used in connection therewith or appurtenant thereto, in the streets, alleys, avenues and other places in any unincorporated town in the county, and along the public roads and highways of the county, when the applicant complies with the terms and provisions of NRS 709.050 to 709.170, inclusive.
2. As used in NRS 709.050 to 709.170, inclusive, "street railway" means:
(a) A system of public transportation operating over fixed rails on the surface of the ground; or
(b) [A monorail; or
(c) Any other] An overhead or underground system , other than a monorail, used for public transportation.
The term does not include a super speed ground transportation system as defined in NRS 705.4292.
3. As used in this section, "monorail" has the meaning ascribed to it in section 9 of this act.
Sec. 17. NRS 709.290 is hereby amended to read as follows:
709.2901. The county commissioners, town trustees, aldermen, supervisors or other governing body directly entrusted with the management of affairs of any town or city in this state are authorized to sell to the highest responsible bidder any franchise for a street railway through and over any street or streets of such town, according to the provisions of NRS 709.310.
2. As used in NRS 709.290 to 709.360, inclusive, "street railway" means:
(a) A system of public transportation operating over fixed rails on the surface of the ground; or
(b) [A monorail; or
(c) Any other] An overhead or underground system , other than a monorail, used for public transportation.
The term does not include a super speed ground transportation system as defined in NRS 705.4292.
3. As used in this section, "monorail" has the meaning ascribed to it in section 9 of this act.
Sec. 18. Section 2.250 of the charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, at page 1401, is hereby amended to read as follows:

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

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

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

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

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

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

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

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

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

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

Sec. 2.230 Powers of city council: Public transportation.

1. The city council may:

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

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

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

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

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

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

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

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

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

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

Robert E. Price,

Chairman

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

Assemblyman Perkins moved that the Assembly recess until 8:00 p.m.
Motion carried.

Assembly in recess at 7:16 p.m.

At 10:02 p.m.
Mr. Speaker presiding.
Quorum present.

Christina R. Giunchigliani,

Chairman

Senate Chamber, Carson City, July 5, 1997

To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day passed Assembly Bills Nos. 455, 482, 545, 552, 641.
Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Assembly Bill No. 595.
Also, I have the honor to inform your honorable body that the Senate on this day passed Assembly Joint Resolution No. 14 of the 68th Session.
Also, I have the honor to inform your honorable body that the Senate on this day adopted Assembly Concurrent Resolutions Nos. 57, 58, 59.
Also, I have the honor to inform your honorable body that the Senate on this day passed Senate Bills Nos. 437, 494, 495, 496.
Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bill No. 174.
Also, I have the honor to inform your honorable body that the Senate on this day concurred in the Assembly amendments to Senate Bills Nos. 12, 285, 318, 464.
Also, I have the honor to inform your honorable body that the Senate 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 Senate 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 Senate on this day respectfully refused to recede from its action on Assembly Bill No. 191 and requests a conference, and appointed Senators Augustine, O'Connell and Wiener as a First Committee on Conference to meet with a like committee of the Assembly.
Also, I have the honor to inform your honorable body that the Senate on this day respectfully refused to recede from its action on Assembly Bill No. 208 and requests a conference, and appointed Senators McGinness, Adler and Porter as a First Committee on Conference to meet with a like committee of the Assembly.
Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bill No. 137 which was returned from the Governor in accordance with the provisions of Senate Concurrent Resolution No. 63.

Mary Jo Mongelli

Assistant Secretary of the Senate

Senate Bill No. 174.
Assemblyman Perkins moved that the bill be referred to the Committee on Ways and Means.
Motion carried.

Senate Bill No. 437.
Assemblyman Perkins moved that the bill be referred to the Committee on Ways and Means.
Motion carried.

Senate Bill No. 494.
Assemblyman Perkins moved that the bill be referred to the Committee on Infrastructure.
Motion carried.

Senate Bill No. 495.
Assemblyman Perkins moved that the bill be referred to the Committee on Ways and Means.
Motion carried.

Senate Bill No. 496.
Assemblyman Perkins moved that the bill be referred to the Committee on Ways and Means.
Motion carried.

Assemblywoman Giunchigliani moved that Assembly Bill No. 525 be taken from the Chief Clerk's desk and placed on Unfinished Business.
Motion carried.

Assemblyman Bache moved that Senate Bill No. 39 be taken from the Chief Clerk's desk and placed on the General File.
Motion carried.

Assemblyman Perkins moved that Senate Bill No. 375 be placed on the Second Reading File.
Motion carried.

Assemblyman Perkins moved that Assembly Bills Nos. 339, 491, 616; Senate Bills Nos. 5, 211, 253, 315, 319, 327 be placed on the General File.
Motion carried.

Senate Bill No. 375.
Bill read second time.
The following amendment was proposed by the Committee on Taxation:
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".
Assemblyman Price moved the adoption of the amendment.
Remarks by Assemblyman Price.
Amendment adopted.
The following amendment was proposed by the Committee on Taxation:
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.".
Assemblyman Price moved the adoption of the amendment.
Remarks by Assemblyman Price.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.

Assembly Bill No. 491.
Bill read third time.
Remarks by Assemblywoman Giunchigliani.
Assemblywoman Giunchigliani moved that Assembly Bill No. 491 be taken from the General File and placed on the Chief Clerk's desk.
Motion carried.

Assembly Bill No. 616.
Bill read third time.
Remarks by Assemblymen Hettrick and Ernaut.
Roll call on Assembly Bill No. 616:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 616 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 622.
Bill read third time.
The following amendment was proposed by Assemblywoman Braunlin:
Amendment No. 1243.
Amend sec. 2, page 3, line 1, by deleting "assembly, at" and inserting "assembly".
Amend sec. 2, page 3, by deleting line 2 and inserting:
"who served as members of the assembly standing committee".
Amend sec. 2, page 3, line 9, by deleting:
"senate, at least" and inserting "senate".
Amend sec. 2, page 3, by deleting line 10 and inserting:
"who served as members of the senate standing committee on".
Amend sec. 2, page 3, line 24, by deleting:
"chairman of the".
Amend sec. 3, page 3, by deleting lines 42 and 43 and inserting:
"from the assessments collected pursuant to NRS 704.033.".
Amend sec. 4, page 5, line 1, by deleting "energy" and inserting "utilities".
Amend sec. 5, page 6, by deleting lines 31 and 32 and inserting:
"than December 31, 1999, upon which customers may begin obtaining potentially competitive services and a date not later than October 1, 2001, upon which potentially competitive services shall be deemed to be competitive unless:".
Amend sec. 5, page 7, line 24, after "established " by inserting "or modified ".
Amend sec. 7, page 8, lines 21 and 22, by deleting:
"upon the completion of a" and inserting "to".
Amend sec. 7, page 8, line 25, by deleting "June" and inserting "October".
Amend sec. 7, page 8, line 34, by deleting "and support".
Amend sec. 7, page 8, by deleting lines 43 and 44 and inserting:
"goals and objectives.".
Amend the bill as a whole by deleting sec. 8 and inserting:
"Sec. 8. (Deleted by amendment.)".
Remarks by Assemblymen Braunlin and Goldwater.
Assemblywoman Braunlin moved the adoption of the amendment.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.

Senate Bill No. 5.
Bill read third time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 1234.
Amend the bill as a whole by deleting sections 1 through 13 and the text of the repealed section and adding new sections designated sections 1 through 24 and the text of the repealed section, following the enacting clause, to read as follows:
"Section 81 NRS 201.195 is hereby amended to read as follows:
201.1951. A person who incites, entices or solicits a minor to engage in acts which constitute the infamous crime against nature:
(a) If the minor actually engaged in such acts as a result, is guilty of a category D felony and shall be punished as provided in NRS 193.130.
(b) If the minor did not engage in such acts:
(1) For the first offense, is guilty of a gross misdemeanor.
(2) For any subsequent offense, is guilty of a category D felony and shall be punished as provided in NRS 193.130.
2. [A person convicted of violating any of the provisions of subsection 1 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 or his designee;
(b) The director of the department of prisons or his designee; 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.
3. A person who has been certified pursuant to subsection 2 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 2.
4. The board may revoke the certification of an offender certified pursuant to subsection 2 at any time.
5. 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.
6. A person convicted of violating any of the provisions of subsection 1 must not be released on probation unless 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 is not a menace to the health, safety or morals of others.
7.] As used in this section, the "infamous crime against nature" means anal intercourse, cunnilingus or fellatio between natural persons of the same sex. Any sexual penetration, however slight, is sufficient to complete the infamous crime against nature.
Sec. 82 NRS 201.210 is hereby amended to read as follows:
201.2101. A person who commits any act of open or gross lewdness is guilty:
(a) For the first offense, of a gross misdemeanor.
(b) For any subsequent offense, of a category D felony and shall be punished as provided in NRS 193.130.
2. [A person convicted of violating the provisions of subsection 1 must 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. For the purposes of this subsection, the administrator and the director may each designate a person to represent him on the board.
3. A person who has been certified pursuant to subsection 2 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 2.
4. The board may revoke the certification of an offender certified pursuant to subsection 2 at any time.
5. 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.
6. A person convicted of violating any of the provisions of subsection 1 must not be released on probation unless 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 is not a menace to the health, safety or morals of others.
7.] For the purposes of this section, the breast feeding of a child by the mother of the child does not constitute an act of open or gross lewdness.
Sec. 83 NRS 201.220 is hereby amended to read as follows:
201.2201. A person who makes any open and indecent or obscene exposure of his person, or of the person of another, is guilty:
(a) For the first offense, of a gross misdemeanor.
(b) For any subsequent offense, of a category D felony and shall be punished as provided in NRS 193.130.
2. [A person convicted of violating any of the provisions of subsection 1 must 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. For the purposes of this subsection, the administrator and the director may each designate a person to represent him on the board.
3. A person who has been certified pursuant to subsection 2 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 2.
4. The board may revoke the certification of an offender certified pursuant to subsection 2 at any time.
5. 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.
6. A person convicted of violating any of the provisions of subsection 1 must not be released on probation unless 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 is not a menace to the health, safety or morals of others.
7.] For the purposes of this section, the breast feeding of a child by the mother of the child does not constitute an act of open and indecent or obscene exposure of her body.
Sec. 84 NRS 201.230 is hereby amended to read as follows:
201.230 [1.] A person who willfully and lewdly commits any lewd or lascivious act, other than acts constituting the crime of sexual assault, upon or with the body, or any part or member thereof, of a child under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of that person or of that child, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.
[2. A person convicted of violating any of the provisions of subsection 1 must 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. For the purposes of this subsection, the administrator and the director may each designate a person to represent him on the board.
3. A person who has been certified pursuant to subsection 2 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 2.
4. The board may revoke the certification of an offender certified pursuant to subsection 2 at any time.
5. 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.
6. A person convicted of violating any of the provisions of subsection 1 must not be released on probation unless 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 is not a menace to the health, safety or morals of others.]
Sec. 85 NRS 201.450 is hereby amended to read as follows:
201.4501. A person who commits a sexual penetration on the dead body of a human being is guilty of a category A felony and shall be punished by imprisonment in the state prison:
(a) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 5 years has been served;
(b) For a definite term of 15 years, with eligibility for parole beginning when a minimum of 5 years has been served;
(c) By a fine of not more than $20,000; or
(d) By both fine and imprisonment.
2. [A person convicted of a violation of subsection 1 must not be granted probation or parole unless 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 is not a menace to the health, safety or morals of others.
3. A person who has been certified pursuant to subsection 2 for the purpose of being granted parole who returns for any reason to the custody of the department of prisons may not be paroled unless a psychologist or psychiatrist recertifies him in the manner set forth in subsection 2.
4. The psychologist or psychiatrist who certified an offender pursuant to subsection 2 may revoke the certification of the offender at any time.
5. 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.
6.] For the purposes of this section, "sexual penetration" means cunnilingus, fellatio or any intrusion, however slight, of any part of a person's body or any object manipulated or inserted by a person into the genital or anal openings of the body of another, including, without limitation, sexual intercourse in what would be its ordinary meaning if practiced upon the living.
Sec. 86 NRS 207.180 is hereby amended to read as follows:
207.180 1. Any person who knowingly sends or delivers any letter or writing:
(a) Threatening to accuse another of a crime or misdemeanor, or to expose or publish any of his infirmities or failings, with intent to extort money, goods, chattels or other valuable thing; or
(b) Threatening to maim, wound, kill or murder, or to burn or destroy his house or other property, or to accuse another of a crime or misdemeanor, or expose or publish any of his infirmities, though no money, goods, chattels or other valuable thing be demanded,
is guilty of a misdemeanor.
2. Any person who:
(a) Writes and sends, or writes and delivers, either through the mail, express, by private parties or otherwise, any anonymous letter, or any letter bearing a fictitious name, charging any person with crime; or
(b) Writes and sends any anonymous letter or letters bearing a fictitious name, containing vulgar or threatening language, obscene pictures, or containing reflections upon his standing in society or in the community,
is guilty of a misdemeanor.
[3. No person convicted of violating the provisions of subsection 1 or 2 may be released on probation unless a psychologist licensed to practice in Nevada or a psychiatrist licensed to practice medicine in Nevada certifies that the person so convicted is not a menace to the health, safety or morals of others.]
Sec. 87 Chapter 176 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The court shall not grant probation to or suspend the sentence of a person convicted of an offense listed in subsection 3 unless a psychologist licensed to practice in this state or a psychiatrist licensed to practice medicine in this state certifies that the person is not a menace to the health, safety or morals of others.
2. 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 consider a person for certification pursuant to this section.
3. The provisions of this section apply to a person convicted of any of the following offenses:
(a) Attempted sexual assault of a person who is 16 years of age or older pursuant to NRS 200.366.
(b) Statutory sexual seduction pursuant to NRS 200.368.
(c) Battery with intent to commit sexual assault pursuant to NRS 200.400.
(d) Abuse or neglect of a child pursuant to NRS 200.508.
(e) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive.
(f) Incest pursuant to NRS 201.180.
(g) Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195.
(h) Open or gross lewdness pursuant to NRS 201.210.
(i) Indecent or obscene exposure pursuant to NRS 201.220.
(j) Lewdness with a child pursuant to NRS 201.230.
(k) Sexual penetration of a dead human body pursuant to NRS 201.450.
(l) A violation of NRS 207.180.
(m) An attempt to commit an offense listed in paragraphs (b) to (l), inclusive.
(n) Coercion or attempted coercion that is determined to be sexually motivated pursuant to section 92 of Senate Bill No. 325 of this session.
Sec. 88 NRS 176.175 is hereby amended to read as follows:
176.175 As used in NRS 176.175 to 176.245, inclusive, [and] section 83 of [this act,] Senate Bill No. 325 of this session and section 7 of this act, unless the context otherwise requires:
1. "Board" means the state board of parole commissioners.
2. "Court" means a district court of the State of Nevada.
3. "Parole and probation officer" means the chief parole and probation officer or an assistant parole and probation officer appointed in accordance with the provisions of chapter 213 of NRS.
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 sentencing court.
5. "Standards" means the objective standards for granting or revoking parole or probation which are adopted by the board or chief parole and probation officer.
6. "Surety bond" means a written undertaking, executed by a surety, that a person will, as a result of the bond, participate in a program of probation and that in the event that the person violates a condition of the program of probation, the surety will pay the court the amount of money specified for the bond.
Sec. 89 NRS 176.185 is hereby amended to read as follows:
176.185 1. Except as otherwise provided in this section [, whenever] and section 7 of this act, if a person is found guilty in a district court of a crime upon verdict or plea, except in cases of 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 [where] 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 category E felony, 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 felony, a gross misdemeanor or a misdemeanor, 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 may grant probation to a person convicted of indecent or obscene exposure or of lewdness only if a certificate of a psychologist or psychiatrist, as required by NRS 201.210, 201.220 or 201.230, is received by the court.] 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. 90 Chapter 213 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The board shall not release on parole a prisoner convicted of an offense listed in subsection 5 unless a panel consisting of:
(a) The administrator of the mental hygiene and mental retardation division of the department of human resources or his designee;
(b) The director of the department of prisons or his designee; and
(c) A psychologist licensed to practice in this state or a psychiatrist licensed to practice medicine in this state,
certifies that the prisoner 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 prisoner who has been certified pursuant to subsection 1 and who returns for any reason to the custody of the department of prisons may not be paroled unless a panel recertifies him in the manner set forth in subsection 1.
3. The panel may revoke the certification of an offender certified pursuant to subsection 1 at any time.
4. This section does not create a right in any prisoner to be certified or continue to be certified and no prisoner 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 prisoner before a panel for certification pursuant to this section.
5. The provisions of this section apply to a prisoner convicted of any of the following offenses:
(a) Sexual assault pursuant to NRS 200.366.
(b) Statutory sexual seduction pursuant to NRS 200.368.
(c) Battery with intent to commit sexual assault pursuant to NRS 200.400.
(d) Abuse or neglect of a child pursuant to NRS 200.508.
(e) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive.
(f) Incest pursuant to NRS 201.180.
(g) Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195.
(h) Open or gross lewdness pursuant to NRS 201.210.
(i) Indecent or obscene exposure pursuant to NRS 201.220.
(j) Lewdness with a child pursuant to NRS 201.230.
(k) Sexual penetration of a dead human body pursuant to NRS 201.450.
(l) An attempt to commit an offense listed in paragraphs (a) to (l), inclusive.
(m) Coercion or attempted coercion that is determined to be sexually motivated pursuant to section 92 of Senate Bill No. 325 of this session.
Sec. 91 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 , [and] section 94 of [this act] Senate Bill No. 325 of this session and section 10 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. 92 NRS 213.1099 is hereby amended to read as follows:
213.1099 1. Except as otherwise provided in this section , section 10 of this act and NRS 213.1215, the board may release on parole a prisoner who is otherwise eligible for parole pursuant to NRS 213.107 to 213.157, inclusive.
2. In determining whether to release a prisoner on parole, the board shall consider:
(a) Whether there is a reasonable probability that the prisoner will live and remain at liberty without violating the laws;
(b) Whether the release is incompatible with the welfare of society;
(c) The seriousness of the offense and the history of criminal conduct of the prisoner;
(d) The standards adopted pursuant to NRS 213.10885 and the recommendation, if any, of the chief; and
(e) Any documents or testimony submitted by a victim notified pursuant to NRS 213.130.
3. When a person is convicted of a felony and is punished by a sentence of imprisonment, he remains subject to the jurisdiction of the board from the time he is released on parole under the provisions of this chapter until the expiration of the maximum term of imprisonment imposed by the court less any credits earned to reduce his sentence pursuant to chapter 209 of NRS.
4. Except as otherwise provided in NRS 213.1215, the board may not release on parole a prisoner whose sentence to death or to life without possibility of parole has been commuted to a lesser penalty unless it finds that the prisoner has served at least 20 consecutive years in the state prison, is not under an order to be detained to answer for a crime or violation of parole or probation in another jurisdiction, and that he does not have a history of:
(a) Recent misconduct in the institution, and that he has been recommended for parole by the director of the department of prisons;
(b) Repetitive criminal conduct;
(c) Criminal conduct related to the use of alcohol or drugs;
(d) Repetitive sexual deviance, violence or aggression; or
(e) Failure in parole, probation, work release or similar programs.
5. In determining whether to release a prisoner on parole pursuant to this section, the board shall not consider whether the prisoner will soon be eligible for release pursuant to NRS 213.1215.
6. The board shall not release on parole an offender convicted of an offense listed in section 63 of [this act] Senate Bill No. 325 of this session until the law enforcement agency in whose jurisdiction the offender will be released on parole has been provided an opportunity to give the notice required by the attorney general pursuant to sections 61 to 76, inclusive, of [this act.] Senate Bill No. 325 of this session.
Sec. 93 Section 13 of Senate Bill No. 133 of this session is hereby amended to read as follows:

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.".
Assemblyman Arberry moved the adoption of the amendment.
Remarks by Assemblyman Arberry.
Assemblyman Arberry moved that Senate Bill No. 5 be taken from its position on the General File and placed at the bottom of the General File.
Motion carried.

Senate Bill No. 39.
Bill read third time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 1246.
Amend sec. 5, page 3, by deleting lines 37 through 44 and inserting:
"8. A police officer, school police officer, constable or deputy of a constable may appeal a recommendation made by a panel of the review board. The ordinance pursuant to which the review board is created must specify the manner for conducting appeals, and may include, without limitation, mediation, conciliation or review by another panel of randomly selected members of the review board. If the appeal is heard by another panel of the review board, the determination made by the panel hearing the appeal is final and binding and is not subject to judicial review.".
Assemblyman Bache moved the adoption of the amendment.
Remarks by Assemblyman Bache.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 211.
Bill read third time.
Remarks by Assemblyman Carpenter.
Roll call on Senate Bill No. 211:
Yeas -- 42.
Nays -- None.
Senate Bill No. 211 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Senate Bill No. 253.
Bill read third time.
The following amendment was proposed by the Committee on Elections, Procedures, and Ethics:
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.".
Assemblywoman Giunchigliani moved the adoption of the amendment.
Remarks by Assemblymen Giunchigliani and Perkins.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.

Senate Bill No. 315.
Bill read third time.
Remarks by Assemblywoman Von Tobel.
Roll call on Senate Bill No. 315:
Yeas -- 42.
Nays -- None.
Senate Bill No. 315 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Senate Bill No. 5.
Bill read third time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 1234.
Amend the bill as a whole by deleting sections 1 through 13 and the text of the repealed section and adding new sections designated sections 1 through 24 and the text of the repealed section, following the enacting clause, to read as follows:
"Section 105 NRS 201.195 is hereby amended to read as follows:
201.1951. A person who incites, entices or solicits a minor to engage in acts which constitute the infamous crime against nature:
(a) If the minor actually engaged in such acts as a result, is guilty of a category D felony and shall be punished as provided in NRS 193.130.
(b) If the minor did not engage in such acts:
(1) For the first offense, is guilty of a gross misdemeanor.
(2) For any subsequent offense, is guilty of a category D felony and shall be punished as provided in NRS 193.130.
2. [A person convicted of violating any of the provisions of subsection 1 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 or his designee;
(b) The director of the department of prisons or his designee; 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.
3. A person who has been certified pursuant to subsection 2 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 2.
4. The board may revoke the certification of an offender certified pursuant to subsection 2 at any time.
5. 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.
6. A person convicted of violating any of the provisions of subsection 1 must not be released on probation unless 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 is not a menace to the health, safety or morals of others.
7.] As used in this section, the "infamous crime against nature" means anal intercourse, cunnilingus or fellatio between natural persons of the same sex. Any sexual penetration, however slight, is sufficient to complete the infamous crime against nature.
Sec. 106 NRS 201.210 is hereby amended to read as follows:
201.2101. A person who commits any act of open or gross lewdness is guilty:
(a) For the first offense, of a gross misdemeanor.
(b) For any subsequent offense, of a category D felony and shall be punished as provided in NRS 193.130.
2. [A person convicted of violating the provisions of subsection 1 must 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. For the purposes of this subsection, the administrator and the director may each designate a person to represent him on the board.
3. A person who has been certified pursuant to subsection 2 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 2.
4. The board may revoke the certification of an offender certified pursuant to subsection 2 at any time.
5. 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.
6. A person convicted of violating any of the provisions of subsection 1 must not be released on probation unless 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 is not a menace to the health, safety or morals of others.
7.] For the purposes of this section, the breast feeding of a child by the mother of the child does not constitute an act of open or gross lewdness.
Sec. 107 NRS 201.220 is hereby amended to read as follows:
201.2201. A person who makes any open and indecent or obscene exposure of his person, or of the person of another, is guilty:
(a) For the first offense, of a gross misdemeanor.
(b) For any subsequent offense, of a category D felony and shall be punished as provided in NRS 193.130.
2. [A person convicted of violating any of the provisions of subsection 1 must 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. For the purposes of this subsection, the administrator and the director may each designate a person to represent him on the board.
3. A person who has been certified pursuant to subsection 2 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 2.
4. The board may revoke the certification of an offender certified pursuant to subsection 2 at any time.
5. 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.
6. A person convicted of violating any of the provisions of subsection 1 must not be released on probation unless 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 is not a menace to the health, safety or morals of others.
7.] For the purposes of this section, the breast feeding of a child by the mother of the child does not constitute an act of open and indecent or obscene exposure of her body.
Sec. 108 NRS 201.230 is hereby amended to read as follows:
201.230 [1.] A person who willfully and lewdly commits any lewd or lascivious act, other than acts constituting the crime of sexual assault, upon or with the body, or any part or member thereof, of a child under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of that person or of that child, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.
[2. A person convicted of violating any of the provisions of subsection 1 must 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. For the purposes of this subsection, the administrator and the director may each designate a person to represent him on the board.
3. A person who has been certified pursuant to subsection 2 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 2.
4. The board may revoke the certification of an offender certified pursuant to subsection 2 at any time.
5. 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.
6. A person convicted of violating any of the provisions of subsection 1 must not be released on probation unless 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 is not a menace to the health, safety or morals of others.]
Sec. 109 NRS 201.450 is hereby amended to read as follows:
201.4501. A person who commits a sexual penetration on the dead body of a human being is guilty of a category A felony and shall be punished by imprisonment in the state prison:
(a) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 5 years has been served;
(b) For a definite term of 15 years, with eligibility for parole beginning when a minimum of 5 years has been served;
(c) By a fine of not more than $20,000; or
(d) By both fine and imprisonment.
2. [A person convicted of a violation of subsection 1 must not be granted probation or parole unless 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 is not a menace to the health, safety or morals of others.
3. A person who has been certified pursuant to subsection 2 for the purpose of being granted parole who returns for any reason to the custody of the department of prisons may not be paroled unless a psychologist or psychiatrist recertifies him in the manner set forth in subsection 2.
4. The psychologist or psychiatrist who certified an offender pursuant to subsection 2 may revoke the certification of the offender at any time.
5. 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.
6.] For the purposes of this section, "sexual penetration" means cunnilingus, fellatio or any intrusion, however slight, of any part of a person's body or any object manipulated or inserted by a person into the genital or anal openings of the body of another, including, without limitation, sexual intercourse in what would be its ordinary meaning if practiced upon the living.
Sec. 110 NRS 207.180 is hereby amended to read as follows:
207.180 1. Any person who knowingly sends or delivers any letter or writing:
(a) Threatening to accuse another of a crime or misdemeanor, or to expose or publish any of his infirmities or failings, with intent to extort money, goods, chattels or other valuable thing; or
(b) Threatening to maim, wound, kill or murder, or to burn or destroy his house or other property, or to accuse another of a crime or misdemeanor, or expose or publish any of his infirmities, though no money, goods, chattels or other valuable thing be demanded,
is guilty of a misdemeanor.
2. Any person who:
(a) Writes and sends, or writes and delivers, either through the mail, express, by private parties or otherwise, any anonymous letter, or any letter bearing a fictitious name, charging any person with crime; or
(b) Writes and sends any anonymous letter or letters bearing a fictitious name, containing vulgar or threatening language, obscene pictures, or containing reflections upon his standing in society or in the community,
is guilty of a misdemeanor.
[3. No person convicted of violating the provisions of subsection 1 or 2 may be released on probation unless a psychologist licensed to practice in Nevada or a psychiatrist licensed to practice medicine in Nevada certifies that the person so convicted is not a menace to the health, safety or morals of others.]
Sec. 111 Chapter 176 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The court shall not grant probation to or suspend the sentence of a person convicted of an offense listed in subsection 3 unless a psychologist licensed to practice in this state or a psychiatrist licensed to practice medicine in this state certifies that the person is not a menace to the health, safety or morals of others.
2. 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 consider a person for certification pursuant to this section.
3. The provisions of this section apply to a person convicted of any of the following offenses:
(a) Attempted sexual assault of a person who is 16 years of age or older pursuant to NRS 200.366.
(b) Statutory sexual seduction pursuant to NRS 200.368.
(c) Battery with intent to commit sexual assault pursuant to NRS 200.400.
(d) Abuse or neglect of a child pursuant to NRS 200.508.
(e) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive.
(f) Incest pursuant to NRS 201.180.
(g) Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195.
(h) Open or gross lewdness pursuant to NRS 201.210.
(i) Indecent or obscene exposure pursuant to NRS 201.220.
(j) Lewdness with a child pursuant to NRS 201.230.
(k) Sexual penetration of a dead human body pursuant to NRS 201.450.
(l) A violation of NRS 207.180.
(m) An attempt to commit an offense listed in paragraphs (b) to (l), inclusive.
(n) Coercion or attempted coercion that is determined to be sexually motivated pursuant to section 92 of Senate Bill No. 325 of this session.
Sec. 112 NRS 176.175 is hereby amended to read as follows:
176.175 As used in NRS 176.175 to 176.245, inclusive, [and] section 83 of [this act,] Senate Bill No. 325 of this session and section 7 of this act, unless the context otherwise requires:
1. "Board" means the state board of parole commissioners.
2. "Court" means a district court of the State of Nevada.
3. "Parole and probation officer" means the chief parole and probation officer or an assistant parole and probation officer appointed in accordance with the provisions of chapter 213 of NRS.
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 sentencing court.
5. "Standards" means the objective standards for granting or revoking parole or probation which are adopted by the board or chief parole and probation officer.
6. "Surety bond" means a written undertaking, executed by a surety, that a person will, as a result of the bond, participate in a program of probation and that in the event that the person violates a condition of the program of probation, the surety will pay the court the amount of money specified for the bond.
Sec. 113 NRS 176.185 is hereby amended to read as follows:
176.185 1. Except as otherwise provided in this section [, whenever] and section 7 of this act, if a person is found guilty in a district court of a crime upon verdict or plea, except in cases of 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 [where] 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 category E felony, 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 felony, a gross misdemeanor or a misdemeanor, 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 may grant probation to a person convicted of indecent or obscene exposure or of lewdness only if a certificate of a psychologist or psychiatrist, as required by NRS 201.210, 201.220 or 201.230, is received by the court.] 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. 114 Chapter 213 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The board shall not release on parole a prisoner convicted of an offense listed in subsection 5 unless a panel consisting of:
(a) The administrator of the mental hygiene and mental retardation division of the department of human resources or his designee;
(b) The director of the department of prisons or his designee; and
(c) A psychologist licensed to practice in this state or a psychiatrist licensed to practice medicine in this state,
certifies that the prisoner 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 prisoner who has been certified pursuant to subsection 1 and who returns for any reason to the custody of the department of prisons may not be paroled unless a panel recertifies him in the manner set forth in subsection 1.
3. The panel may revoke the certification of an offender certified pursuant to subsection 1 at any time.
4. This section does not create a right in any prisoner to be certified or continue to be certified and no prisoner 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 prisoner before a panel for certification pursuant to this section.
5. The provisions of this section apply to a prisoner convicted of any of the following offenses:
(a) Sexual assault pursuant to NRS 200.366.
(b) Statutory sexual seduction pursuant to NRS 200.368.
(c) Battery with intent to commit sexual assault pursuant to NRS 200.400.
(d) Abuse or neglect of a child pursuant to NRS 200.508.
(e) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive.
(f) Incest pursuant to NRS 201.180.
(g) Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195.
(h) Open or gross lewdness pursuant to NRS 201.210.
(i) Indecent or obscene exposure pursuant to NRS 201.220.
(j) Lewdness with a child pursuant to NRS 201.230.
(k) Sexual penetration of a dead human body pursuant to NRS 201.450.
(l) An attempt to commit an offense listed in paragraphs (a) to (l), inclusive.
(m) Coercion or attempted coercion that is determined to be sexually motivated pursuant to section 92 of Senate Bill No. 325 of this session.
Sec. 115 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 , [and] section 94 of [this act] Senate Bill No. 325 of this session and section 10 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. 116 NRS 213.1099 is hereby amended to read as follows:
213.1099 1. Except as otherwise provided in this section , section 10 of this act and NRS 213.1215, the board may release on parole a prisoner who is otherwise eligible for parole pursuant to NRS 213.107 to 213.157, inclusive.
2. In determining whether to release a prisoner on parole, the board shall consider:
(a) Whether there is a reasonable probability that the prisoner will live and remain at liberty without violating the laws;
(b) Whether the release is incompatible with the welfare of society;
(c) The seriousness of the offense and the history of criminal conduct of the prisoner;
(d) The standards adopted pursuant to NRS 213.10885 and the recommendation, if any, of the chief; and
(e) Any documents or testimony submitted by a victim notified pursuant to NRS 213.130.
3. When a person is convicted of a felony and is punished by a sentence of imprisonment, he remains subject to the jurisdiction of the board from the time he is released on parole under the provisions of this chapter until the expiration of the maximum term of imprisonment imposed by the court less any credits earned to reduce his sentence pursuant to chapter 209 of NRS.
4. Except as otherwise provided in NRS 213.1215, the board may not release on parole a prisoner whose sentence to death or to life without possibility of parole has been commuted to a lesser penalty unless it finds that the prisoner has served at least 20 consecutive years in the state prison, is not under an order to be detained to answer for a crime or violation of parole or probation in another jurisdiction, and that he does not have a history of:
(a) Recent misconduct in the institution, and that he has been recommended for parole by the director of the department of prisons;
(b) Repetitive criminal conduct;
(c) Criminal conduct related to the use of alcohol or drugs;
(d) Repetitive sexual deviance, violence or aggression; or
(e) Failure in parole, probation, work release or similar programs.
5. In determining whether to release a prisoner on parole pursuant to this section, the board shall not consider whether the prisoner will soon be eligible for release pursuant to NRS 213.1215.
6. The board shall not release on parole an offender convicted of an offense listed in section 63 of [this act] Senate Bill No. 325 of this session until the law enforcement agency in whose jurisdiction the offender will be released on parole has been provided an opportunity to give the notice required by the attorney general pursuant to sections 61 to 76, inclusive, of [this act.] Senate Bill No. 325 of this session.
Sec. 117 Section 13 of Senate Bill No. 133 of this session is hereby amended to read as follows:

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.".
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.

Senate Chamber, Carson City, July 5, 1997

To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day concurred in the Assembly amendments to Senate Bills Nos. 187, 457.
Also, I have the honor to inform your honorable body that the Senate 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 Senate on this day appointed Senators Rawson, Townsend and Neal as a First Committee on Conference concerning Senate Bill No. 356.
Also, I have the honor to inform your honorable body that the Senate on this day appointed Senators Rawson, O'Donnell and Mathews as a First Committee on Conference concerning Senate Bill No. 489.

Mary Jo Mongelli

Assistant Secretary of the Senate

Assemblywoman Buckley moved that Senate Bill No. 86 be taken from the Chief Clerk's desk and placed on the General File.
Motion carried.

Senate Bill No. 86.
Bill read third time.
Remarks by Assemblywoman Buckley.
Roll call on Senate Bill No. 86:
Yeas -- 41.
Nays -- None.
Not voting -- Carpenter.
Senate Bill No. 86 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

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

Assembly Bill No. 595.
The following Senate amendment was read:
Amendment No. 1216.
Amend the bill as a whole by renumbering sec. 4 as sec. 5 and adding a new section designated sec. 4, following sec. 3, to read as follows:
"Sec. 4. The amendatory provisions of this act apply to a civil action that is filed on or after the effective date of this act.".
Assemblyman Anderson moved that the Assembly concur in the Senate amendment to Assembly Bill No. 595.
Remarks by Assemblymen Anderson and Perkins.
Motion carried.
Bill ordered enrolled.

Mr. Speaker:
The First Committee on Conference concerning Assembly Bill No. 366, consisting of the undersigned members, has met, and reports that:
It has agreed to recommend that the amendment of the Senate be concurred in.
It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. 16, which is attached to and hereby made a part of this report.

Mr. Speaker:
The First Committee on Conference concerning Senate Bill No. 314, 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. 14, which is attached to and hereby made a part of this report.
Barbara E. Buckley Michael A. Schneider Gene Wines Segerblom Ann O'ConnellMark AmodeiRaymond C. ShafferAssembly Committee on ConferenceSenate Committee on Conference
Conference Amendment No. 14
Amend the bill as a whole by adding a new section designated sec. 15.5, following sec. 15, to read as follows:
"Sec. 15.5. NRS 116.3115 is hereby amended to read as follows:
116.31151. Until the association makes an assessment for common expenses, the declarant shall pay all common expenses. After an assessment has been made by the association, assessments must be made at least annually, based on a budget adopted at least annually by the association.
2. Except for assessments under subsections 3, 4 and 5, all common expenses, including a reserve, must be assessed against all the units in accordance with the allocations set forth in the declaration pursuant to subsections 1 and 2 of NRS 116.2107. Any past due assessment for common expenses or installment thereof bears interest at the rate established by the association not exceeding 18 percent per year.
3. To the extent required by the declaration:
(a) Any common expense associated with the maintenance, repair or replacement of a limited common element must be assessed against the units to which that limited common element is assigned, equally, or in any other proportion the declaration provides;
(b) Any common expense or portion thereof benefiting fewer than all of the units must be assessed exclusively against the units benefited; and
(c) The costs of insurance must be assessed in proportion to risk and the costs of utilities must be assessed in proportion to usage.
4. Assessments to pay a judgment against the association may be made only against the units in the common-interest community at the time the judgment was entered, in proportion to their liabilities for common expenses.
5. If any common expense is caused by the misconduct of any unit's owner, the association may assess that expense exclusively against his unit.
6. If liabilities for common expenses are reallocated, assessments for common expenses and any installment thereof not yet due must be recalculated in accordance with the reallocated liabilities.
7. The association shall provide written notice to the owner of each unit of a meeting at which an assessment for a capital improvement or the commencement of a civil action is to be considered or action is to be taken on such an assessment at least 21 calendar days before the meeting. Except as otherwise provided in this subsection, the association may commence a civil action only upon a vote or agreement of the owners of units to which at least a majority of the votes of the members of the association are allocated. The provisions of this subsection do not apply to a civil action that is commenced:
(a) By an association for a time-share project governed by the provisions of chapter 119A of NRS;
(b) To enforce the payment of an assessment;
(c) To enforce the declaration, bylaws or rules of the association;
(d) To proceed with a counterclaim; or
(e) To protect the health, safety and welfare of the members of the association.".
Amend sec. 16, page 11, by deleting lines 26 through 40 and inserting:
"unit of a meeting at which an assessment for a capital improvement or the commencement of a civil action is to be considered or action is to be taken on such an assessment at least 21 calendar days before the meeting. Except as otherwise provided in this subsection, the association may commence a civil action only upon a vote or agreement of the owners of units to which at least a majority of the votes of the members of the association are allocated. The provisions of this subsection do not apply to a civil action that is commenced:
(a) By an association for a time-share project governed by the provisions of chapter 119A of NRS;
(b) To enforce the payment of an assessment;
(c) To enforce the declaration, bylaws or rules of the association;
(d) To proceed with a counterclaim; or
(e) To protect the health, safety and welfare of the members of the association.".
Amend sec. 20, page 14, by deleting lines 30 through 32 and inserting:
"plans, the bylaws, and the rules or regulations of the association;".
Amend the bill as a whole by adding a new section designated as sec. 20.5, following sec. 20, to read as follows:
"Sec. 20.5. NRS 116.4109 is hereby amended to read as follows:
116.41091. Except in the case of a sale in which delivery of a public offering statement is required, or unless exempt under subsection 2 of NRS 116.4101, a unit's owner shall furnish to a purchaser before execution of any contract for sale of a unit, or otherwise before conveyance:
(a) A copy of the declaration, other than any plats and plans, the bylaws, [and] the rules or regulations of the association [;] and, except for a time share governed by the provisions of chapter 119A of NRS, the information statement required by section 11 of this act;
(b) A statement setting forth the amount of the monthly assessment for common expenses and any unpaid assessment of any kind currently due from the selling unit's owner;
(c) The current operating budget of the association and a financial statement for the association; and
(d) A statement of any unsatisfied judgments or pending legal actions against the association and the status of any pending legal actions relating to the common-interest community of which the unit's owner has actual knowledge.
2. The association, within 10 days after a request by a unit's owner, shall furnish a certificate containing the information necessary to enable the unit's owner to comply with this section. A unit's owner providing a certificate pursuant to subsection 1 is not liable to the purchaser for any erroneous information provided by the association and included in the certificate.
3. Neither a purchaser nor the purchaser's interest in a unit is liable for any unpaid assessment or fee greater than the amount set forth in the certificate prepared by the association. If the association fails to furnish the certificate within the 10 days allowed by subsection 2, the seller is not liable for the delinquent assessment.".
Amend sec. 27, page 17, by deleting line 7 and inserting:
"Sec. 27. 1. This section and sections 1 to 5, inclusive, 6, 13, 14, 15.5, 17, 18 and 20 of this act become effective upon passage and approval.
2. Section 23 of this act becomes effective".
Amend sec. 27, page 17, line 9, by deleting "2." and inserting "3.".
Amend sec. 27, page 17, by deleting line 13 and inserting:
"4. Sections 5.5, 8, 11, 12, 15, 16, 19, 20.5, 21 and 22 of this act".
Amend sec. 27, page 17, line 15, by deleting "4." and inserting "5.".
Assemblywoman Buckley moved to adopt the report of the First Committee on Conference concerning Senate Bill No. 314.
Remarks by Assemblywoman Buckley.
Motion carried.

Mr. Speaker:
The First Committee on Conference concerning Senate Bill No. 242, 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. 12, which is attached to and hereby made a part of this report.
Barbara E. Buckley Kathy Augustine Chris Giunchigliani Dean A. RhoadsJack D. Close, Sr.Assembly Committee on ConferenceSenate Committee on Conference
Conference Amendment No. 13
Amend sec. 17, page 4, line 13, by deleting:
"and sell motor vehicles." and inserting:
"a motor vehicle from a person and sell the motor vehicle to the same person.".
Amend the title of the bill by deleting the sixth line and inserting:
"secondhand dealer from selling a motor vehicle to the person from whom the motor vehicle was bought;".
Assemblywoman Buckley moved to adopt the report of the First Committee on Conference concerning Senate Bill No. 242.
Remarks by Assemblywoman Buckley.
Motion carried.

Mr. Speaker appointed Assemblymen Williams, Chowning and Amodei as a First Committee on Conference to meet with a like committee of the Senate for the further consideration of Assembly Bill No. 191.

Assemblyman Perkins moved that the Assembly recess subject to the call of the Chair.
Motion carried.

Assembly in recess at 11:19 p.m.

At 11:44 p.m.
Mr. Speaker presiding.
Quorum present.

On request of Assemblywoman Ohrenschall, the privilege of the floor of the Assembly Chamber for this day was extended to Thomas Carlson, Marie-Laure Delage-Carlson, Mark Carlson.

Assemblyman Perkins moved that the Assembly adjourn until Sunday, July 6, 1997 at 9 a.m.
Motion carried.

Assembly adjourned at 11:47 p.m.

Approved:

Joseph E. Dini, Jr.

Speaker of the Assembly

Attest: Linda B. Alden
Chief Clerk of the Assembly