Carson City (Monday), July 7, 1997

Assembly called to order at 12:58 a.m.
Mr. Speaker presiding.
Roll called.
All present except Assemblywoman Freeman, who was excused.
Prayer by Assemblyman Amodei.
Dear God, I've never come to you this publicly before, but it is at this point necessary that you lend my Assembly brothers and sisters your strength and guidance. In our final hours, Lord, we thank You for granting the 42 members of the Silver State's Assembly the privilege of serving together. Regardless of what is stereotyped and generalized about our collective lot, we are humbled and honored to be given the distinct privilege of serving. Please take care of our colleague, Vivian Freeman, and see that she feels better soon. Make sure that my new friends arrive back at their homes safely in the coming days.
Lord, grant those wayward souls at the north end of the building the insight to recognize the wisdom of the path chosen by the People's House in all matters presently pending. And finally, Lord, please take away all their blue Xerox paper and ink cartridges so that they cannot amend any more legislation.
In Your 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.

Senate Chamber, Carson City, July 6, 1997

To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day appointed Senators O'Donnell, Washington and Neal as a First Committee on Conference concerning Senate Bill No. 430.

Mary Jo Mongelli

Assistant Secretary of the Senate

Senate Chamber, Carson City, July 7, 1997

To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day adopted the report of the Second Committee on Conference concerning Senate Bill No. 38.
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. 424.
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. 5, 208, 253, 488.
Also, I have the honor to inform your honorable body that the Senate on this day passed Assembly Bill No. 616.

Mary Jo Mongelli

Assistant Secretary of the Senate

Wendell P. Williams Mark A. James Mark Amodei John B. Regan
Dario Herrera Assembly Committee on Conference Senate Committee on Conference

Assemblyman Herrera moved to adopt the report of the First Committee on Conference concerning Senate Bill No. 38.
Remarks by Assemblymen Herrera and Bache.
Motion carried.

Mr. Speaker:
The First Committee on Conference concerning Senate Bill No. 424, 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. 23, which is attached to and hereby made a part of this report.
Bob Price Ann O'Connell Joan A. Lambert Dean A. RhoadsJohn J. MortensonJohn B. ReganAssembly Committee on ConferenceSenate Committee on Conference
Conference Amendment No. 23
Amend section 1, page 2, by deleting line 32 and inserting:
"12. To the release or reduction of a [sales tax] bond required by the department in accordance with".
Assemblyman Price moved to adopt the report of the First Committee on Conference concerning Senate Bill No. 424.
Remarks by Assemblyman Price.
Motion carried.

Senate Bill No. 220.
Bill read third time.
Remarks by Assemblymen Williams and Hickey.
Roll call on Senate Bill No. 220:
Yeas -- 39.
Nays -- de Braga, Neighbors - 2.
Excused -- Freeman.
Senate Bill No. 220 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Senate Bill No. 316.
Bill read third time.
Remarks by Assemblymen Williams and Cegavske.
Assemblyman Perkins requested that the following remarks be entered in the Journal.
Assemblyman Williams:
Thank you, Mr. Speaker. Assembly Bill 316 requires that school district boards of trustees establish a plan for the training and certification of certain teachers and other educational personnel in the administration of caridopulmonary resuscitation. The measure requires that the plan provide for the training, certification, and recertification of physical education teachers. Further, plans may also provide for training and certification of other personnel. The bill specifies that each district's plan must include a time line and the resources needed to achieve the goal of certifying those personnel. Finally, the bill clarifies that teachers and other personnel who are certified to administer CPR are covered by Nevada's good Samaritan statutes and are not liable for civil damages in the event they perform CPR on school property.
This particular piece of legislation has received quite a bit of attention, mainly because of the unfortunate loss of a student in Henderson, Nevada, who lost her life while participating in a physical education class. I would like to express my sincere
condolences to the to the family who has endured and followed this legislation.
We are sensitive to the fact that the Curtises were severely affected by this particular issue; however, this bill should remain separate from that tragedy. I'd like to note for the record that there is a lawsuit pending against the Clark County School District as a result of that incident, and this legislation should in no way be any indication in support of that lawsuit or against that lawsuit. It stands on its own merits.
The fiscal note is now removed from the bill, and I think we have a better bill. The committee amended it today. With the work of members of the Committee on Education and other members of this body, I think that we now have a bill that allows the school districts the flexibility to develop plans that will meet their different needs. The bill mandates that the plan be in place by September of 1998, but it does not mandate that all school personnel go through a particular curriculum. Despite the emotionalism that accompanied this bill, I think we have been able to craft a good bill that will work for Nevada. I urge my colleagues to support this measure.
Assemblywoman Cegavske:
Thank you, Mr. Speaker. I rise in support of SB 316. As members of the Nevada legislature, we have the unique opportunity to help enact laws that benefit Nevadans--laws that protect, define, and enable. Often a law that could help prevent a tragedy from occurring is not in place when it is needed. As representatives, we derive great personal satisfaction when we can facilitate passing laws that may prevent personal loss and tragedy such as that suffered by the Curtis family in Henderson. In January, 1995, 13-year-old Kimberly Curtis suffered a heart attack at White Middle School. Unfortunately, teachers responding to Kimberly's collapse were not trained in CPR and were unable to initiate the process. By the time the school nurse arrived to begin to administer CPR, it was too late. Emergency personnel responding to the crisis were unable to save Kimberly's life. Too much time had elapsed before CPR was begun.
Ruth and George Curtis, Kimberly's parents, have worked diligently to ensure that trained and certified personnel will be on the scene if and when this happens to another Nevada student. SB 316 is a measure which will empower the school districts to provide training and certification in cardiopulmonary resuscitation to certain educational personnel. With SB 316, certain school personnel will have the tools to prevent similar tragedies. For George and Ruth Curtis, SB 316 offers little relief or solace, only the personal satisfaction of knowing that their crusade to ensure that some teachers are trained in CPR will save lives of other children.
SB 316 is one of those pieces of legislation that serves to remind me that it is worth all the effort. For Nevadans, SB 316 is good legislation that can protect the lives of our school children and others during school hours.
I thank you and urge your support.
Roll call on Senate Bill No. 316:
Yeas -- 41.
Nays -- None.
Excused -- Freeman.
Senate Bill No. 316 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Senate Bill No. 444.
Bill read third time.
Remarks by Assemblyman Collins.
Roll call on Senate Bill No. 444:
Yeas -- 41.
Nays -- None.
Excused -- Freeman.
Senate Bill No. 444 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Senate Bill No. 474.
Bill read third time.
Remarks by Assemblyman Herrera.
Roll call on Senate Bill No. 474:
Yeas -- 41.
Nays -- None.
Excused -- Freeman.
Senate Bill No. 474 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

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

Assembly in recess at 1:32 a.m.

At 3:13 a.m.
Mr. Speaker presiding.
Quorum present.

Morse Arberry, Jr.,

Chairman

Mr. Speaker:
Your Concurrent Committee on Ways and Means, to which was referred Senate Bill No. 99, 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

Senate Chamber, Carson City, July 7, 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. 225, 486, 622 and respectfully requests your honorable body to concur in said amendments.
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. 523 and requests a conference, and appointed Senators Rawson, Jacobsen and Mathews 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 appointed Senators James, Raggio and Adler as a First Committee on Conference concerning Senate Bill No. 113.

Mary Jo Mongelli

Assistant Secretary of the Senate

Douglas A. Bache,

Chairman

For the fiscal year 1997-1998 . $29,122

For the fiscal year 1998-1999 . $16,283

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

483.460

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

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

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

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

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

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

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

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

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

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

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

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

(6) A violation of NRS 484.348.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

483.490

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

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

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

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

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

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

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

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

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

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

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

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

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

(b) If applicable, to and from school.

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

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

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

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

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

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

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

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

Mr. Speaker:
The First Committee on Conference concerning Senate Bill No. 191, 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. 24, which is attached to and hereby made a part of this report.
Wendell P. Williams Kathy Augustine Vonne Chowning Ann O'ConnellMark AmodeiAssembly Committee on ConferenceSenate Committee on Conference
Conference Amendment No. 24
Amend sec. 2, page 2, by deleting lines 24 and 25 and inserting:
"(a) Adopt a comprehensive program to [provide pupils with] offer pupils who are enrolled in grades 7 through 12, inclusive, the skills to make the transition from".
Amend sec. 2, page 2, by deleting lines 42 through 44 and inserting:
"equitable opportunity to achieve high academic standards and to obtain training in occupations [that earn high wages.
(d) To strengthen and expand] of their choice. If desired, a pupil who has chosen to receive training in an occupation may choose to receive training in another occupation of his choice, or may terminate his participation in the program, without the loss of credit, at such times as are allowed by the state board, but in no case may a pupil be required to continue with the training or participate in the program for more than one semester.".
Assemblyman Williams moved to adopt the report of the First Committee on Conference concerning Senate Bill No. 191.
Remarks by Assemblyman Williams.
Motion carried.

Assemblyman Arberry moved that Senate Bill No. 497 be taken from the General File and placed on the Chief Clerk's desk.
Motion carried.

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 3:27 a.m.

At 4:39 a.m.
Mr. Speaker presiding.
Quorum present.

Wendell P. Williams,

Chairman

Senate Chamber, Carson City, July 7, 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 Bill No. 353 and respectfully requests your honorable body to concur in said amendment.

Mary Jo Mongelli

Assistant Secretary of the Senate

Assembly Bill No. 291.
The following Senate amendment was read:
Amendment No. 1017.
Amend section 1, page 1, line 2, by deleting "17," and inserting "18,".
Amend sec. 7, page 2, line 36, by deleting "must specify" and inserting:
"must:
(a) Specify".
Amend sec. 7, page 2, between lines 41 and 42, by inserting:
"(b) In a county whose population is 400,000 or more, provide for the cessation of the tax not later than:
(1) The last day of the month in which the department determines that the total sum collected since the tax was first imposed, exclusive of any penalties and interest, exceeds $2.3 billion; or
(2) June 30, 2025,
whichever occurs earlier.".
Amend sec. 8, page 4, by deleting lines 12 and 13 and inserting:
"1. A provision imposing a tax upon retailers at the rate of not more than:
(a) In a county whose population is 100,000 or more but less than 400,000, one-eighth of 1 percent; or
(b) In all other counties, one-quarter of 1 percent,
of the gross receipts of any retailer from the sale of ".
Amend sec. 8, page 4, by deleting lines 30 through 33 and inserting:
"written contract:
(a) Entered into on or before the effective date of the tax or the increase in the tax; or
(b) For the construction of an improvement to real property for which a binding bid was submitted before the effective date of the tax or the increase in the tax if the bid was afterward accepted,
if under the terms of the contract or bid the contract".
Amend sec. 13, page 6, line 17, by deleting "submitted to" and inserting "filed with".
Amend sec. 13, page 6, by deleting lines 19 through 21 and inserting:
"or wastewater facility.".
Amend sec. 14, page 7, by deleting lines 19 through 21 and inserting:
"(1) Projects for the management of flood plains or the prevention of floods; or
(2) Facilities relating to public safety;".
Amend sec. 14, page 7, by deleting line 34 and inserting:
"(1) Projects for the management of flood plains or the prevention of floods; or".
Amend sec. 14, page 7, line 36, after "The" by inserting:
"construction or renovation of facilities for schools;
(d) The".
Amend sec. 14, page 7, by deleting lines 38 and 39 and inserting:
"paragraphs (a), (b) and (c); or
(e) Any combination of those purposes.".
Amend sec. 15, page 7, line 43, by deleting:
"subsection 2 or 3," and inserting "this section,".
Amend sec. 15, page 8, between lines 23 and 24, by inserting:
"4. In a county whose population is 400,000 or more, no bonds or other securities may be issued pursuant to this section which are payable from or secured by, in whole or in part, any revenue from a tax enacted pursuant to this chapter to be collected after:
(a) The last day of the month in which the department determines that the total sum collected since the tax was first imposed, exclusive of any penalties and interest, exceeds $2.3 billion; or
(b) June 30, 2025,
whichever occurs earlier.".
Amend sec. 17, pages 8 and 9, by deleting lines 42 and 43 on page 8 and lines 1 through 20 on page 9.
Amend sec. 17, page 9, line 21, by deleting "3." and inserting "Sec. 17.".
Amend sec. 17, page 9, line 29, by deleting "(a)" and inserting "1.".
Amend sec. 17, page 9, line 32, by deleting "(b)" and inserting "2.".
Amend sec. 17, page 9, line 33, by deleting "(c)" and inserting "3.".
Amend the bill as a whole by renumbering sections 18 and 19 as sections 21 and 22 and adding new sections designated sections 18 through 20, following sec. 17, to read as follows:
"Sec. 18. If a person has not been habitually delinquent in the payment of any sales or use tax at any time within the immediately preceding 3 years, the department shall disregard the amount of any tax due pursuant to this chapter when determining the amount of any security it may require from that person for the payment of any sales or use tax.
Sec. 19. Chapter 244 of NRS is hereby amended by adding thereto a new section to read as follows:
1. In addition to all other taxes imposed on the revenue from the rental of transient lodging, a board of county commissioners in a county whose population is 100,000 or more but less than 400,000 may by ordinance, but not as in a case of emergency, impose a tax at the rate of not more than 1 percent of the gross receipts from the rental of transient lodging throughout the county, including its incorporated cities, upon all persons in the business of providing lodging.
2. The ordinance imposing the tax must include all the matters required by NRS 244.3352 for the mandatory tax, must be administered in the same manner, and imposes the same liabilities, except:
(a) Collection of the tax imposed pursuant to this section must not commence earlier than the first day of the second calendar month after adoption of the ordinance imposing the tax; and
(b) The governmental entity collecting the tax must transfer all collections to the county and may not retain any part of the tax as a collection or administrative fee.
3. The proceeds of the tax and any applicable penalty or interest must be retained by the county and used for the payment of principal and interest on notes, bonds or other obligations issued by the county to fund the acquisition, establishment, construction or expansion of one or more railroad grade separation projects.
Sec. 20. NRS 244.3359 is hereby amended to read as follows:
244.33591. A county whose population is 400,000 or more shall not impose a new tax on the rental of transient lodging or increase the rate of an existing tax on the rental of transient lodging after March 25, 1991, except pursuant to NRS 244.3351.
2. A county whose population is 100,000 or more but less than 400,000 shall not impose a new tax on the rental of transient lodging or increase the rate of an existing tax on the rental of transient lodging after March 25, 1991 [.] , except pursuant to section 19 of this act.
3. The legislature hereby declares that the limitation imposed by subsection 2 will not be repealed or amended except to allow the imposition of [an] :
(a) An increase in such a tax for the promotion of tourism or for the construction or operation of tourism facilities by a convention and visitors authority [.] ; and
(b) A new tax for the acquisition, establishment, construction or expansion of railroad grade separation projects.".
Amend the bill as a whole by renumbering sec. 20 as sec. 28 and adding new sections designated sections 23 through 27, following sec. 19, to read as follows:
"Sec. 23. The legislature hereby finds and declares that:
1. The increased use of the railroad lines in and through the urban areas of Washoe County has caused:
(a) Extensive traffic problems for the drivers of private automobiles as well as commercial vehicles who need reasonable access to these urban areas on a daily basis;
(b) Serious difficulties for emergency vehicles including fire-fighting equipment as well as ambulances which need immediate access to all portions of the county; and
(c) Economic disadvantages for businesses located in both the urban and nonurban areas of the county.
2. A general law cannot be made applicable to the problem addressed by section 24 of this act because of the economic and geographical diversity of the local governments of this state, the unique growth patterns in those local governments and the special conditions experienced in Washoe County related to the increased use of the railroad lines in and through the urban areas of the county.
Sec. 24. 1. The board of county commissioners of Washoe County may by ordinance, but not as in a case of emergency, impose a tax upon the retailers at the rate of not more than one-eighth of 1 percent of the gross receipts of any retailer from the sale of all tangible personal property sold at retail, or stored, used or otherwise consumed in the county if the board:
(a) Imposes a tax on the rental of transient lodging pursuant to section 19 of this act in the maximum amount allowed by that section; and
(b) Receives a written commitment from one or more other sources for the expenditure of not less than one-half of the total cost of a project for the acquisition, establishment, construction or expansion of railroad grade separation projects in Washoe County.
2. An ordinance enacted pursuant to subsection 1 may not become effective before a question concerning the imposition of the tax is approved by a two-thirds majority of the members of the board of county commissioners.
3. An ordinance enacted pursuant to subsection 1 must specify the date on which the tax must first be imposed which must occur on the first day of the first month of the next calendar quarter that is at least 60 days after the date on which a two-thirds majority of the board of county commissioners approved the question.
4. An ordinance enacted pursuant to subsection 1 must include provisions in substance as follows:
(a) Provisions substantially identical to those contained in chapter 374 of NRS, insofar as applicable.
(b) A provision that all amendments to chapter 374 of NRS after the date of enactment of the ordinance, not inconsistent with this section, automatically become a part of an ordinance enacted pursuant to subsection 1.
(c) A provision stating the specific purpose for which the proceeds of the tax must be expended.
(d) A provision that the county shall contract before the effective date of the ordinance with the department of taxation to perform all functions incident to the administration or operation of the tax in the county.
(e) A provision that exempts from the tax the gross receipts from the sale of, and the storage, use or other consumption in a county of, tangible personal property used for the performance of a written contract:
(1) Entered into on or before the effective date of the tax; or
(2) For the construction of an improvement to real property for which a binding bid was submitted before the effective date of the tax if the bid was afterward accepted,
if under the terms of the contract or bid the contract price or bid amount cannot be adjusted to reflect the imposition of the tax.
5. No ordinance imposing a tax which is enacted pursuant to subsection 1 may be repealed or amended or otherwise directly or indirectly modified in such a manner as to impair any outstanding bonds or other obligations which are payable from or secured by a pledge of a tax enacted pursuant to subsection 1 until those bonds or other obligations have been discharged in full.
6. All fees, taxes, interest and penalties imposed and all amounts of tax required to be paid to the county pursuant to this section must be paid to the department of taxation in the form of remittances payable to the department of taxation.
7. The department of taxation shall deposit the payments with the state treasurer for credit to the sales and use tax account in the state general fund.
8. The state controller, acting upon the collection data furnished by the department of taxation, shall monthly:
(a) Transfer from the sales and use tax account to the appropriate account in the state general fund a percentage of all fees, taxes, interest and penalties collected pursuant to this section during the preceding month as compensation to the state for the cost of collecting the taxes. The percentage to be transferred pursuant to this paragraph must be the same percentage as the percentage of proceeds transferred pursuant to paragraph (a) of subsection 3 of NRS 374.785 but the percentage must be applied to the proceeds collected pursuant to this section only.
(b) Determine for the county an amount of money equal to any fees, taxes, interest and penalties collected in or for the county pursuant to this section during the preceding month, less the amount transferred to the state general fund pursuant to paragraph (a).
(c) Transfer the amount determined for the county to the intergovernmental fund and remit the money to the county treasurer.
9. The county treasurer shall deposit the money received pursuant to subsection 8 in the county treasury for credit to a fund to be known as the railroad grade separation projects fund. The railroad grade separation projects fund must be accounted for as a separate fund and not as a part of any other fund.
10. The money in the railroad grade separation projects fund, including interest and any other income from the fund must only be expended by the board of county commissioners for the payment of principal and interest on notes, bonds or other securities issued to provide money for the cost of the acquisition, establishment, construction or expansion of one or more railroad grade separation projects.
Sec. 25. 1. The legislative auditor shall:
(a) Conduct a performance audit of the Southern Nevada Water Authority;
(b) Prepare a final written report of the audit before January 18, 1999;
(c) Present the final written report to the senate standing committee on taxation and assembly standing committee on taxation of the 70th session of the Nevada legislature; and
(d) After presenting the final written report in accordance with paragraph (c), present the final written report to the legislative commission and the audit subcommittee of the legislative commission.
2. To the extent that the provisions of NRS 218.737 to 218.890, inclusive, are consistent with the requirements of this section, those provisions apply to the audit conducted pursuant to this section. For the purposes of this subsection, the Southern Nevada Water Authority shall be deemed to be an agency of the state.
3. Upon the request of the legislative auditor or his authorized representative, the officers and employees of each member of the Southern Nevada Water Authority shall make available to the legislative auditor any of their books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise and irrespective of their form or location, which the legislative auditor deems necessary to conduct the audit required by this section.
4. The Southern Nevada Water Authority shall, within 6 months after the period for submission of plans pursuant to paragraph (c) of subsection 1 of NRS 218.8235, submit to the legislative auditor a report specifying the extent to which the recommendations of the legislative auditor have been carried out, the extent to which the recommendations have not been carried out and the reasons for any failure to carry out the recommendations.
Sec. 26. 1. Upon the request of the legislative auditor, the Southern Nevada Water Authority shall transfer to the audit division of the legislative counsel bureau the sum of $120,000 to carry out the provisions of section 25 of this act.
2. Any remaining balance of the sum transferred pursuant to subsection 1 must not be committed for expenditure after January 18, 1999, and must be transferred to the Southern Nevada Water Authority as soon as all payments of money committed have been made.
Sec. 27. If the Southern Nevada Water Authority receives from the state controller, pursuant to section 9 of this act, any proceeds of a tax imposed pursuant to sections 7 and 8 of this act, the Southern Nevada Water Authority shall:
1. Hold a public hearing 10 years after the date the tax was first imposed.
2. Provide notice of the time and place of the public hearing in the manner set forth in subsection 5 of section 7 of this act.
3. At the public hearing, present a report of its expenditure of the proceeds of the tax and the status of any projects for which those proceeds are being or have been expended.".
Amend the title of the bill by deleting the second and third lines and inserting:
"infrastructure; authorizing Washoe County to impose a tax on the rental of transient lodging for railroad grade separation projects under certain circumstances; authorizing certain cities and the Las Vegas Valley Water District to impose an excise tax on the use of water for water facilities; requiring the legislative auditor to conduct a performance audit of the Southern Nevada Water Authority; and providing other".
Assemblyman Goldwater moved that the Assembly concur in the Senate amendment to Assembly Bill No. 291.
Remarks by Assemblyman Goldwater.
Motion carried.
Bill ordered enrolled.

Sec. 2. NRS 213.107 is hereby amended to read as follows:

213.107 As used in NRS 213.107 to 213.157, inclusive, and section 1 of [this act,] Senate Bill No. 15 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.".

Senate Bill No. 196.
Bill read third time.
Remarks by Assemblyman Arberry.
Roll call on Senate Bill No. 196:
Yeas -- 37.
Nays -- Chowning, Collins, Giunchigliani, Goldwater - 4.
Excused -- Freeman.
Senate Bill No. 196 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Senate Bill No. 200.
Bill read third time.
Remarks by Assemblywoman Von Tobel.
Roll call on Senate Bill No. 200:
Yeas -- 40.
Nays -- None.
Absent -- Giunchigliani.
Excused -- Freeman.
Senate Bill No. 200 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Senate Bill No. 254.
Bill read third time.
Remarks by Assemblyman Bache.
Roll call on Senate Bill No. 254:
Yeas -- 40.
Nays -- None.
Absent -- Giunchigliani.
Excused -- Freeman.
Senate Bill No. 254 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Senate Bill No. 319.
Bill read third time.
Remarks by Assemblywoman Evans.
Roll call on Senate Bill No. 319:
Yeas -- 40.
Nays -- None.
Absent -- Giunchigliani.
Excused -- Freeman.
Senate Bill No. 319 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Senate Bill No. 361.
Bill read third time.
Remarks by Assemblyman Humke.
Roll call on Senate Bill No. 361:
Yeas -- 41.
Nays -- None.
Excused -- Freeman.
Senate Bill No. 361 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Senate Bill No. 383.
Bill read third time.
Remarks by Assemblymen Bache, Goldwater, Giunchigliani and Price.
Roll call on Senate Bill No. 383:
Yeas -- 40.
Nays -- Goldwater.
Excused -- Freeman.
Senate Bill No. 383 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Senate Bill No. 387.
Bill read third time.
Remarks by Assemblywoman Giunchigliani.
Roll call on Senate Bill No. 387:
Yeas -- 41.
Nays -- None.
Excused -- Freeman.
Senate Bill No. 387 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Senate Bill No. 393.
Bill read third time.
Remarks by Assemblywoman Buckley.
Assemblywoman Buckley moved that Senate Bill No. 393 be taken from the General File and placed on the Chief Clerk's desk.
Motion carried.

Senate Bill No. 432.
Bill read third time.
Remarks by Assemblyman Goldwater.
Roll call on Senate Bill No. 432:
Yeas -- 41.
Nays -- None.
Excused -- Freeman.
Senate Bill No. 432 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Senate Bill No. 433.
Bill read third time.
Remarks by Assemblywoman Krenzer.
Roll call on Senate Bill No. 433:
Yeas -- 41.
Nays -- None.
Excused -- Freeman.
Senate Bill No. 433 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Senate Bill No. 450.
Bill read third time.
Remarks by Assemblymen Price, Bache and Lee.
Roll call on Senate Bill No. 450:
Yeas -- 24.
Nays -- Anderson, Bache, Buckley, Carpenter, Close, Collins, de Braga, Giunchigliani, Koivisto, Krenzer, Lee, Marvel, Neighbors, Parks, Price, Segerblom, Williams - 17.
Excused -- Freeman.
Senate Bill No. 450 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Senate Bill No. 470.
Bill read third time.
Remarks by Assemblywoman Chowning.
Roll call on Senate Bill No. 470:
Yeas -- 41.
Nays -- None.
Excused -- Freeman.
Senate Bill No. 470 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Senate Chamber, Carson City, July 7, 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. 178, 376 and respectfully requests your honorable body to concur in said amendments.
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. 191.
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. 220, 312, 316.
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. 525.
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. 147 and requests a conference, and appointed Senators Augustine, Shaffer and Rhoads as a First Committee on Conference to meet with a like committee of the Assembly.

Mary Jo Mongelli

Assistant Secretary of the Senate

Assemblyman Arberry moved that Assembly Bill No. 491 be taken from the Chief Clerk's desk and placed on the General File.
Motion carried.

"AN ACT relating to motor vehicles; requiring a used vehicle dealer to conduct certain inspections on certain vehicles that he sells to a retail customer; requiring a used vehicle dealer to offer to sell certain warranties for certain used vehicles that he sells to retail customers or to disclose certain defects in those vehicles; authorizing a retail customer of a used vehicle to file a complaint with the department of motor vehicles and public safety regarding a violation of those provisions; providing penalties; and providing other matters properly relating thereto.".

"SUMMARY--Revises provisions relating to sale of certain used vehicles. (BDR 43-745)".

Assembly Bill No. 376.
The following Senate amendment was read:
Amendment No. 1280.
Amend the bill as a whole by deleting sections 1 through 12 and inserting:
"Secs. 1-12. (Deleted by amendment.)".
Amend sec. 15, page 5, by deleting lines 3 through 13 and inserting:
"the courses of study required for promotion to high school, which may include the credits to be earned.
2. The board of trustees of a school district shall not promote a pupil to high school if the pupil does not complete the course of study or credits required for promotion. The board of trustees of the school district in which the pupil is enrolled may provide programs to complete the courses of study required for promotion to high school.
3. The board of trustees of each school district shall adopt a procedure for evaluating the course of study or credits".
Amend sec. 17, page 5, by deleting lines 31 and 32 and inserting:
"(c) Has not graduated from a high school;".
Amend sec. 57, page 10, by deleting line 8.
Amend the preamble of the bill, page 1, by deleting lines 10 through 12 and inserting:
"1. Encourage the coordination of year-round schedules of elementary, middle and high schools within the same school district or attendance area;".
Assemblywoman Giunchigliani moved that the Assembly concur in the Senate amendment to Assembly Bill No. 376.
Remarks by Assemblywoman Giunchigliani.
Motion carried.
Bill ordered enrolled.

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

Assembly in recess at 5:33 a.m.

At 6:34 a.m.
Mr. Speaker presiding.
Quorum present.

Morse Arberry, Jr.,

Chairman

Senate Chamber, Carson City, July 7, 1997

To the Honorable the Assembly:
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. 113.
Also, I have the honor to inform your honorable body that the Senate on this day concurred in the Assembly amendment to Senate Bill No. 444.
Also, I have the honor to inform your honorable body that the Senate on this day respectfully refused to concur in the Assembly amendment No. 1246 to Senate Bill No. 39 and concurred in the Assembly amendment No. 1217 to Senate Bill No. 39.

Mary Jo Mongelli

Assistant Secretary of the Senate

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

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

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

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

Mr. Speaker:
The First Committee on Conference concerning Senate Bill No. 113, 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. 25, which is attached to and hereby made a part of this report.
Morse Arberry, Jr. Mark A. James Richard Perkins William RaggioLynn C. HettrickErnest E. AdlerAssembly Committee on ConferenceSenate Committee on Conference
Conference Amendment No. 25
Amend the bill as a whole by deleting sections 1 through 3 and inserting new sections designated sections 1 through 8, following the enacting clause, to read as follows:
"Section 26 Chapter 209 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 27 1. The director shall adopt, with the approval of the board, regulations establishing and governing a program, to be carried out within each facility and institution, to prevent an offender from possessing or receiving a publication which is detrimental to his rehabilitation or which has the potential to disrupt security or promote violence or disorder in the facility or institution because the subject matter of the publication:
(a) Is sexually explicit;
(b) Is graphically violent; or
(c) Encourages or glamorizes:
(1) Crime;
(2) The activities of a criminal gang; or
(3) Violence against law enforcement, women, children or members of a particular religion, ethnic group or race.
2. The regulations must provide that if an offender is prohibited from possessing or receiving a publication pursuant to this section, the offender possessing or receiving the publication must be provided with notice of the determination and an opportunity to appeal the determination. An appeal may be summarily denied if the appeal involves a publication that is similar to a publication that previously has been prohibited.
3. The establishment of the program required pursuant to this section does not affect:
(a) The authority of the department to review materials that are possessed or received by an offender, including, but not limited to, publications, for any other lawful purpose or reason; or
(b) The procedures used by the department to conduct such reviews.
4. The department and its officers, employees and independent contractors are immune from liability for damages arising from an act or omission that allows an offender to possess or receive a publication that is prohibited pursuant to this section.
5. As used in this section:
(a) "Criminal gang" has the meaning ascribed to it in NRS 213.1263.
(b) "Publication" means a book, magazine, newsletter, bulletin, pamphlet or other similar item as determined by the director.
Sec. 28 1. The director shall establish a program, to be carried out within each facility and institution, that provides for periodic testing of offenders for use of alcohol and controlled substances. The program must provide that the selection of offenders to be tested for use of alcohol and controlled substances must be made on a random basis.
2. The director shall adopt, with the approval of the board, regulations governing the operation of the program. The regulations must set forth the procedure for testing, including, but not limited to:
(a) The types of tests to be used;
(b) The manner in which a sample for a test is to be obtained;
(c) The persons who are authorized to obtain a sample for a test; and
(d) The method for preserving the chain of custody of a sample obtained for a test.
3. The department shall inform the offenders in each facility and institution of the requirement to submit to a test and the sanctions for refusing or failing to submit to a test and for using alcohol or a controlled substance. The department may provide this information through a general notice posted or distributed in each facility and institution.
4. The department may sanction, pursuant to subsection 5, an offender:
(a) Who refuses or fails to submit to a test;
(b) Whose test detects alcohol or a controlled substance;
(c) Who manufactures, possesses, uses, sells, supplies, provides, distributes, conceals or stores alcohol or a controlled substance; or
(d) Who attempts to manufacture, possess, use, sell, supply, provide, distribute, conceal or store alcohol or a controlled substance.
5. In addition to any other sanction or penalty that may be imposed pursuant to law or regulation, an offender who violates subsection 4 may be sanctioned by:
(a) Forfeiture of all deductions of time earned by the offender before commission of the violation or forfeiture of such part of those deductions as the director considers just, pursuant to NRS 209.451; and
(b) Denial of the privilege to have visitors for a specified period, as determined by the director.
6. If alcohol or a controlled substance is found in a facility or institution, the director may order that for a specified period:
(a) The offenders housed in the general area where the alcohol or controlled substance is found; or
(b) All offenders in the facility or institution,
be confined to their cells or housing units or be denied the privilege to have visitors, or both.
7. The establishment of the program to test offenders for use of alcohol and controlled substances pursuant to this section does not affect:
(a) The authority of the department to test an offender for use of alcohol or a controlled substance for any other lawful purpose or reason; or
(b) The procedures used by the department to conduct such tests.
Sec. 29 NRS 209.451 is hereby amended to read as follows:
209.451 1. If [any] an offender:
(a) Commits [any] an assault upon his keeper or [any] a foreman, officer, offender or other person, or otherwise endangers life;
(b) Is guilty of [any] a flagrant disregard of the regulations of the department or of the terms and conditions of his residential confinement;
(c) Commits [any] a misdemeanor, gross misdemeanor or felony; or
(d) In a civil action, in state or federal court, is found by the court to have presented a pleading, written motion or other document in writing to the court which:
(1) Contains a claim or defense that is included for an improper purpose, including, without limitation, for the purpose of harassing his opponent, causing unnecessary delay in the litigation or increasing the cost of the litigation;
(2) Contains a claim, defense or other argument which is not warranted by existing law or by a reasonable argument for a change in existing law or a change in the interpretation of existing law; or
(3) Contains allegations or information presented as fact for which evidentiary support is not available or is not likely to be discovered after further investigation,
he forfeits all deductions of time earned by him before the commission of that offense or act, or forfeits such part of those deductions as the director considers just.
2. If [any] an offender commits a serious violation [of any] of the regulations of the department or of the terms and conditions of his residential confinement [,] or if an offender violates subsection 4 of section 3 of this act, he may forfeit all or part of such deductions, in the discretion of the director.
3. A forfeiture may be made only by the director after proof of the commission of an act prohibited pursuant to [subsection 1] this section and notice to the offender in the manner prescribed in the regulations of the department. The decision of the director regarding a forfeiture is final.
4. The director may restore credits forfeited for such reasons as he considers proper.
Sec. 30 NRS 212.187 is hereby amended to read as follows:
212.187 1. [It is unlawful for:
(a)] A prisoner who is in lawful custody or confinement [to engage voluntarily] , other than residential confinement, and who voluntarily engages in sexual conduct with [a person who has custody of him or an employee of the institution in which he is confined; or
(b)] another person is guilty of a category D felony and shall be punished as provided in NRS 193.130.
2. A person who [has custody of a prisoner or who is an employee of an institution in which a prisoner is confined, to engage] voluntarily engages in sexual conduct with a prisoner [.
2.] who is in lawful custody or confinement, other than residential confinement, is guilty of a category D felony and shall be punished as provided in NRS 193.130.
3. As used in this section, " sexual [conduct means] conduct":
(a) Includes acts of masturbation, homosexuality, sexual intercourse or physical contact with [another's] another person's clothed or unclothed genitals or pubic area [.] to arouse, appeal to or gratify the sexual desires of a person.
(b) Does not include acts of a person who has custody of a prisoner or an employee of the institution in which the prisoner is confined that are performed to carry out the necessary duties of such a person or employee.
Sec. 31 1. There is hereby appropriated from the state general fund to the department of prisons for carrying out the provisions of this act:
For the fiscal year 1997-1998 $257,277
For the fiscal year 1998-1999 $274,384
2. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 32 The amendatory provisions of section 5 of this act do not apply to offenses that are committed before October 1, 1997.
Sec. 33 1. This section and section 6 of this act become effective on July 1, 1997.
2. Sections 1 to 5, inclusive, and 7 of this act become effective on October 1, 1997.".
Amend the title of the bill to read as follows:
"AN ACT relating to offenders; requiring the director of the department of prisons to adopt regulations establishing a program to prevent an offender from possessing or receiving certain publications; providing for the random testing of offenders for use of alcohol or controlled substances; prohibiting sexual conduct between an offender and another person under certain circumstances; providing a penalty; making appropriations; and providing other matters properly relating thereto.".
Amend the summary of the bill to read as follows:
"SUMMARY--Revises provisions relating to offenders in custody or confinement and makes appropriations to carry out provisions of this act. (BDR 16-73)".
Assemblyman Arberry moved to adopt the report of the First Committee on Conference concerning Senate Bill No. 523.
Remarks by Assemblyman Arberry.
Motion carried.

Senate Chamber, Carson City, July 7, 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. 6, 33, 111, 183, 252, 265, 329, 346, 465, 474, 519, 558, 586, 590, 607, 619, 625, 636, 637.

Mary Jo Mongelli

Assistant Secretary of the Senate

Senate Bill No. 168.
Bill read third time.
Remarks by Assemblyman Collins.
Roll call on Senate Bill No. 168:
Yeas -- 32.
Nays -- Anderson, Bache, de Braga, Evans, Giunchigliani, Herrera, Koivisto, Perkins, Segerblom - 9.
Excused -- Freeman.
Senate Bill No. 168 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Senate Bill No. 393.
Bill read third time.
Remarks by Assemblyman Close.
Roll call on Senate Bill No. 393:
Yeas -- 41.
Nays -- None.
Excused -- Freeman.
Senate Bill No. 393 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Senate Bill No. 497.
Bill read third time.
Remarks by Assemblyman Arberry.
Roll call on Senate Bill No. 497:
Yeas -- 38.
Nays -- Collins, Evans, Giunchigliani - 3.
Excused -- Freeman.
Senate Bill No. 497 having received a constitutional majority, Mr. Speaker declared it passed.
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 6:51 a.m.

At 8:08 a.m.
Mr. Speaker presiding.
Quorum present.

Douglas A. Bache,

Chairman

Senate Chamber, Carson City, July 7, 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. 99, 194, 254, 319, 450.
Also, I have the honor to inform your honorable body that the Senate on this day appointed Senators O'Connell, Porter and Townsend as a First Committee on Conference concerning Senate Bill No. 39.
Also, I have the honor to inform your honorable body that the Senate on this day appointed Senators Washington, Adler and Wiener as a First Committee on Conference concerning Senate Bill No. 220.
Also, I have the honor to inform your honorable body that the Senate on this day appointed Senators O'Connell, Shaffer and Porter as a First Committee on Conference concerning Senate Bill No. 312.
Also, I have the honor to inform your honorable body that the Senate on this day appointed Senators Rhoads, McGinness and Porter as a First Committee on Conference concerning Senate Bill No. 316.
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 Bills Nos. 39, 147, 220, 312, 316, 523.

Mary Jo Mongelli

Assistant Secretary of the Senate

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

Assembly in recess at 8:17 a.m.

At 8:18 a.m.
Mr. Speaker presiding.
Quorum present.

Mr. Speaker appointed Assemblymen Giunchigliani, Price and Ernaut as a committee to wait upon the Senate and to inform that honorable body that the Assembly is ready to adjourn sine die.

Mr. Speaker:
The First Committee on Conference concerning Senate Bill No. 312, 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. 35, which is attached to and hereby made a part of this report.
Douglas A. Bache Ann O'Connell Joan A. Lambert Jon C. PorterDavid R. ParksAssembly Committee on ConferenceSenate Committee on Conference
Conference Amendment No. 35
Amend sec. 3, page 2, by deleting lines 4 through 6 and inserting:
"to carry out the purposes of NRS 279.382 to 279.685, inclusive.
Amend the bill as a whole by adding new sections designated sections 11.3 and 11.7, following sec. 11, to read as follows:
"Sec. 11.3. Section 43 of Assembly Bill No. 644 of this session is hereby amended to read as follows:
Sec. 43. NRS 482.181 is hereby amended to read as follows:
482.1811. Except as otherwise provided in subsection 4, the department shall certify monthly to the state board of examiners the amount of the basic and supplemental privilege taxes collected for each county by the department and its agents during the preceding month, and that money must be distributed monthly as provided in this section.
2. Any supplemental privilege tax collected for a county must be distributed only to the county, to be used as provided in NRS 371.045 and 371.047.
3. The distribution of the basic privilege tax within a county must be made to local governments, as defined in NRS 354.474, except redevelopment agencies, in the same ratio as all property taxes were levied in the county in the previous fiscal year, but the State of Nevada is not entitled to share in that distribution and at least 5 percent of the basic privilege tax disbursed to a county must be deposited for credit to the county's general fund. The 5 percent must be calculated in the same manner as the commission calculated for the department of motor vehicles and public safety. For the purpose of this subsection, the taxes levied by each local government are the product of its certified valuation, determined pursuant to subsection 2 of NRS 361.405, and its tax rate, established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1980, except that the tax rate for school districts, including the rate attributable to a district's debt service, is the rate established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1978, but if the rate attributable to a district's debt service in any fiscal year is greater than its rate for the fiscal year beginning on July 1, 1978, the higher rate must be used to determine the amount attributable to debt service.
4. An amount equal to any basic privilege tax distributed to a redevelopment agency in the fiscal year 1987-1988 must continue to be distributed to that agency or area as long as it exists but must not be increased.
5. Local governments, other than incorporated cities, are entitled to receive no distribution of basic privilege tax if the distribution to the local government is less than $100. Any undistributed money accrues to the county general fund of the county in which the local government is located.
6. The department shall make distributions of basic privilege tax directly to counties, county school districts and incorporated cities. Distributions for other local governments within a county must be paid to the counties for distribution to the other local governments.
Sec. 11.7. Section 48 of Assembly Bill No. 644 of this session is hereby amended to read as follows:
Sec. 48. Section 8 of chapter 590, Statutes of Nevada 1995, at page 2183, is hereby amended to read as follows:
Sec. 8. NRS 482.181 is hereby amended to read as follows:
482.181 1. Except as otherwise provided in subsection [4,] 5, the department shall certify monthly to the state board of examiners the amount of the basic and supplemental privilege taxes collected for each county by the department and its agents during the preceding month, and that money must be distributed monthly as provided in this section.
2. Any supplemental privilege tax collected for a county must be distributed only to the county, to be used as provided in NRS 371.045.
3. The distribution of the basic privilege tax within a county must be made to local governments, as defined in NRS 354.474, except redevelopment agencies, in the same ratio as all property taxes were levied in the county in the previous fiscal year, but the State of Nevada is not entitled to share in that distribution and at least 5 percent of the basic privilege tax disbursed to a county must be deposited for credit to the county's general fund. The 5 percent must be calculated in the same manner as the commission calculated for the department of motor vehicles and public safety. For the purpose of this subsection, the taxes levied by each local government are the product of its certified valuation, determined pursuant to subsection 2 of NRS 361.405, and its tax rate, established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1980, except that the tax rate for school districts, including the rate attributable to a district's debt service, is the rate established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1978, but if the rate attributable to a district's debt service in any fiscal year is greater than its rate for the fiscal year beginning on July 1, 1978, the higher rate must be used to determine the amount attributable to debt service.
4. The tax rate for the fiscal year beginning on July 1, 1980, of an unincorporated town created after July 1, 1980, for which the Nevada tax commission establishes the allowed revenue from taxes ad valorem or basic ad valorem revenue pursuant to subsection 4 of NRS 354.5987 shall be deemed to be the average tax rate levied for the fiscal year beginning on July 1, 1980, by other unincorporated towns included in the same common levy authorized by NRS 269.5755 which were in existence on July 1, 1980.
5. An amount equal to any basic privilege tax distributed to a redevelopment agency in the fiscal year 1987-1988 must continue to be distributed to that agency or area as long as it exists but must not be increased.
[5.] 6. Local governments, other than incorporated cities, are entitled to receive no distribution of basic privilege tax if the distribution to the local government is less than $100. Any undistributed money accrues to the county general fund of the county in which the local government is located.
[6.] 7. The department shall make distributions of basic privilege tax directly to counties, county school districts and incorporated cities. Distributions for other local governments within a county must be paid to the counties for distribution to the other local governments.".
Assemblyman Bache moved to adopt the report of the First Committee on Conference concerning Senate Bill No. 312.
Remarks by Assemblyman Bache.
Motion carried.

Senate Chamber, Carson City, July 7, 1997

To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day passed Assembly Bill No. 542.

Mary Jo Mongelli

Assistant Secretary of the Senate

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

Assembly in recess at 9:30 a.m.

At 9:33 a.m.
Mr. Speaker presiding.
Quorum present.

Senate Chamber, Carson City, July 7, 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. 178 and requests a conference, and appointed Senators O'Donnell, Jacobsen and Shaffer 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 adopted the report of the First Committee on Conference concerning Senate Bill No. 430.

Mary Jo Mongelli

Assistant Secretary of the Senate

Mr. Speaker:
The First Committee on Conference concerning Senate Bill No. 430, 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. 28, which is attached to and hereby made a part of this report.
Vonne Chowning William R. O'Donnell Mark Amodei Maurice Washington
Bernard J. Anderson Joseph M. Neal, Jr. Assembly Committee on Conference Senate Committee on Conference
Conference Amendment No. 28
Amend the bill as a whole by adding a new section designated sec. 1.9, following sec. 1.7, to read as follows:
"Sec. 1.9. NRS 482.480 is hereby amended to read as follows:
482.480There must be paid to the department for the registration or the transfer or reinstatement of the registration of motor vehicles, trailers and semitrailers, fees according to the following schedule:
1. Except as otherwise provided in this section, for each stock passenger car and each reconstructed or specially constructed passenger car registered to a person, regardless of weight or number of passenger capacity, a fee for registration of $33.
2. Except as otherwise provided in subsection 3:
(a) For each of the fifth and sixth such cars registered to a person , [for which special license plates have been issued pursuant to NRS 482.380, 482.381, 482.3812, 482.3814 or 482.3816,] a fee for registration of $16.50.
(b) For each of the seventh and eighth such cars registered to a person , [for which special license plates have been issued pursuant to NRS 482.380, 482.381, 482.3812, 482.3814 or 482.3816,] a fee for registration of $12.
(c) For each of the ninth or more such cars registered to a person , [for which special license plates have been issued pursuant to NRS 482.380, 482.381, 482.3812, 482.3814 or 482.3816,] a fee for registration of $8.
3. The fees specified in subsection 2 do not apply:
(a) Unless the person registering the cars presents to the department at the time of registration the registrations of all of the cars registered to him.
(b) To cars that are part of a fleet.
4. For every motorcycle, a fee for registration of $33 and for each motorcycle other than a trimobile, an additional fee of $6 for motorcycle safety. The additional fee must be deposited in the state highway fund for credit to the account for the program for the education of motorcycle riders.
5. For each transfer of registration , a fee of $6 in addition to any other fees.
6. To reinstate the registration of a motor vehicle suspended pursuant to NRS 485.317:
(a) A fee of $250 for a registered owner who failed to have insurance on the date specified in the form for verification that was mailed by the department pursuant to subsection 2 of NRS 485.317; or
(b) A fee of $50 for a registered owner of a dormant vehicle who canceled the insurance coverage for that vehicle or allowed the insurance coverage for that vehicle to expire without first canceling the registration for the vehicle in accordance with subsection 3 of NRS 485.320,
both of which must be deposited in the account for verification of insurance which is hereby created in the state highway fund. Money in the account must be used to carry out the provisions of NRS 485.313 to 485.318, inclusive.
7. For every travel trailer, a fee for registration of $27.
8. For every permit for the operation of a golf cart, an annual fee of $10.".
Amend sec. 6, page 7, line 10, by deleting:
"Section 1 of this act becomes" and inserting:
"Sections 1 and 1.9 of this act become".
Assemblywoman Chowning moved to adopt the report of the First Committee on Conference concerning Senate Bill No. 430.
Remarks by Assemblywoman Chowning.
Motion carried.

Senate Chamber, Carson City, July 7, 1997

To the Honorable the Assembly:
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. 178.

Mary Jo Mongelli

Assistant Secretary of the Senate

I would like to thank all of the committee chairs for the hard work that they put in, the remainder of the Democratic caucus, the Minority Leader, the Assistant Minority Leader, and certainly all the members of the minority caucus as well.
This is always a pretty difficult time in that we've come to the end of our work, but we did it. On January 20^th, we began our journey, and today we completed it. That journey, ladies and gentlemen, was the journey that our constituents sent us on, to travel to Carson City and to do the people's business. This journey was not about us; this journey was about the citizens of the greatest state and the greatest country in the world.
What did we do along our journey? We gave many local governments, and particularly Clark County, the tools that they needed to manage growth and improve our quality of life, maintain a strong economic engine that benefits us all. We made it so tourists and others help to pay for our water delivery system and the construction of schools. We provided more assurance to our constituents that a casino would not be built in their back yard. We worked diligently to protect children from becoming victims of sexual abuse. We also passed critical legislation to curb domestic violence and to prevent elder abuse. We improved the quality of health care through managed care reform, better coverage for diabetes and digestive disorders, and protections for new mothers and their babies. We reformed our election laws, providing more disclosure about who contributes to our campaigns. And, perhaps most important, on an issue near and dear to my heart as the father of five, we passed landmark education reform, toughening standards, increasing accountability, funding technology, and continuing class size reduction.
Mr. Speaker, I truly believe that this is the greatest state in America. We are so rich in our diversity. The maturing of our thriving urban areas and the beauty of our rural areas are unparalleled anywhere. There are so many reasons to love and be proud of Nevada: Lake Tahoe, the Ruby Mountains, the Jackpot Wilderness, western, eastern, southern, northern, rural and urban. In 1995, I recall how enamored of our state one of my instructors at the F.B.I. National Academy was. For three months, he would begin class and end class with cowboy poetry and speak of "The Gathering." I remember how proud I was to be from Nevada and how I'd heard my first cowboy poetry in these chambers from a genuine cowboy poet. Ladies and gentlemen, nothing is more true; home means Nevada.
Mr. Speaker, just as our state is blessed with diversity, so is this legislature. We are so rich in our diversity of age, race, ethnic background, careers, and political philosophy. But in spite of our differences, we share a common goal, and that is to make this state--the state we all love--a better place to live, to work, and to raise our children. I am proud, Mr. Speaker, of what we, the members of the 69^th Legislature, have accomplished in the last six months. Let us now return to our homes and families knowing that, of course, there are still hills to climb, but that we have come a long way in the time that we have been here.
This is an amazing state. The charm we all take for granted is held in awe by those from larger states. The access we provide our citizens, the same access our colleague from Sparks so eloquently described as the seed of democracy, is unrivaled in any other state. The attention paid to the citizens of this state by their legislature is amazing.
Let me ask all of you this: Why are we here? What makes us want to separate ourselves from our families, let our businesses suffer, experience a financial loss, deal with the lack of thanks that sometimes comes with this job? Make no mistake about it, the sacrifices are great. Not a day goes by that I don't feel the need to hold, talk to, play with, and speak to my children. Just about 20 hours ago, I spoke to my youngest daughter on the phone. It was somewhat difficult when she asked, "Daddy, when are you coming home?" and why I had not already come home. I know of others with children and other loved ones at home. Not being able to watch a child learn to crawl, develop, cut their teeth, is very difficult to deal with.
So, we make all these sacrifices to complete this journey. Why? Why do we do that? Well, I submit to you it is because we care, that we want to make a difference, that collectively we can continue to make this the best state and the greatest country on the earth. It is an amazing journey. In the last few months, we have become a family. Like many families, we have members with different likes and dislikes, interests, wants and needs. We don't always get along. There are those that have to grab that last piece of bread or leave that last drink of milk in the carton, but we are a family. Together, ladies and gentlemen, this family completed a journey that we can all be proud of. We have done our jobs, and we have done them well.
I can still hear my daughter's voice when she asked me, "Daddy, if you're not going to do it, who will?" I know that I, along with many of you, can now go home and look at those who trust us in the eye and know that again we have earned their trust. Ladies and gentlemen, you really all deserve a hand.

Speaker Dini:

Thank you, Mr. Hettrick. I can't let you get away without saying something. At this hour of the morning, though, I'm not very good at giving speeches. I do want to thank everyone for the hard work. I really think we had a fine house. My chairmen did a nice job, and my Majority Leader and his assistant did beautiful work. The minority party did a beautiful job in their position, and I think we did one heck of a good job for the citizens in our state.

It has been a real pleasure. This is my sixteenth session. Time goes on and you don't know what's going to happen, but I appreciate this session. Thank you.

Assemblywoman Giunchigliani reported that the committee had informed the Senate that the Assembly is ready to adjourn sine die.

Assemblyman Perkins moved that the Sixty-Ninth Session of the Assembly of the Legislature of the State of Nevada adjourn sine die.
Motion carried.

Assembly adjourned at 10:21 a.m.

Approved:

Joseph E. Dini, Jr.

Speaker of the Assembly

Attest: Linda B. Alden
Chief Clerk of the Assembly