NEVADA LEGISLATURE

THE SIXTY-SIXTH DAY

Carson City (Wednesday), April 11, 2001

Assembly called to order at 11:15 a.m.

Mr. Speaker presiding.

Roll called.

All present.

Prayer by the Chaplain, Reverend Richard Campbell.

Eternal and Ever Blessed God, You have been gracious to us beyond measure. Many times we are not as grateful as we should be. We have failed You by neglecting rights and restricting freedoms. Forgive us when we overlook national wrong and justify injustice. Forgive us for decisions caused by prejudice or greed. Make us compassionate and fair to each other. Bless this Assembly, give them guidance and courage as they act on behalf of the people. Bless our nation and state and help all of us do Your will. Our prayers are given in Your Holy Name.

Amen.

Pledge of allegiance to the Flag.

Assemblywoman Buckley 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.

REPORTS OF COMMITTEES

Mr. Speaker:

Your Committee on Commerce and Labor, to which were referred Assembly Bills Nos. 363, 415, 621, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Also, your Committee on Commerce and Labor, to which were referred Assembly Bills Nos. 192, 313, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Joseph E. Dini, Jr., Chairman

Mr. Speaker:

Your Committee on Elections, Procedures, and Ethics, to which was referred Assembly Bill No. 483, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Chris Giunchigliani, Chairman

Mr. Speaker:

Your Committee on Government Affairs, to which were referred Assembly Bills Nos. 414, 553, 557, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Also, your Committee on Government Affairs, to which was referred Assembly Bill No. 569, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Also, your Committee on Government Affairs, to which was referred Assembly Bill No. 570, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Also, your Committee on Government Affairs, to which was referred Assembly Bill No. 431, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Douglas A. Bache, Chairman

Mr. Speaker:

Your Concurrent Committee on Government Affairs, to which was referred Assembly Bill No. 556, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Douglas A. Bache, Chairman

Mr. Speaker:

Your Concurrent Committee on Health and Human Services, to which was referred Assembly Bill No. 398, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Ellen M. Koivisto, Chairman

Mr. Speaker:

Your Committee on Judiciary, to which was referred Assembly Bill No. 277, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Also, your Committee on Judiciary, to which was referred Assembly Bill No. 573, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Bernie Anderson, Chairman

Mr. Speaker:

Your Committee on Natural Resources, Agriculture, and Mining, to which was referred Assembly Bill No. 662, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Also, your Committee on Natural Resources, Agriculture, and Mining, to which was referred Assembly Bill No. 199, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Also, your Committee on Natural Resources, Agriculture, and Mining, to which was referred Assembly Bill No. 291, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Marcia de Braga, Chairman

Mr. Speaker:

Your Committee on Taxation, to which was referred Assembly Bill No. 205, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

David E. Goldwater, Chairman

Mr. Speaker:

Your Committee on Transportation, to which was referred Assembly Bill No. 8, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Also, your Committee on Transportation, to which was referred Assembly Bill No. 242, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Also, your Committee on Transportation, to which was referred Assembly Bill No. 320, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Vonne S. Chowning, Chairman

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Bache moved that Assembly Bill No. 556, just reported out of Committee, be placed on the Second Reading File.

Remarks by Assemblyman Bache.

Motion carried.

Assemblyman Dini moved that Assembly Bill No. 152 be taken from the Chief Clerk's desk and placed on the General File.

Motion carried.

MESSAGES FROM THE Senate

Senate Chamber, Carson City, April 9, 2001

To the Honorable the Assembly:

I have the honor to inform your honorable body that the Senate on this day passed Senate Bills Nos. 116, 221, 389.

Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bills Nos. 15, 32, 373; Senate Joint Resolution No. 1.

Mary Jo Mongelli

Assistant Secretary of the Senate

MOTIONS, RESOLUTIONS AND NOTICES

Assembly Concurrent Resolution No. 6.

Resolution read.

The following amendment was proposed by the Committee on Transportation:

Amendment No. 142.

Amend the resolution, page 2, by deleting lines 19 through 28 and inserting:

“Resolved by the assembly of the State of Nevada, the Senate Concurring, That the Nevada Legislature commends Storey County and the Tahoe-Reno Industrial Center for their leadership in helping to diversify the economy of this state and create a substantial number of jobs in Northern Nevada; and be it further

Resolved, That the Nevada Legislature supports the efforts of Storey County and the Tahoe-Reno Industrial Center to develop additional capacity for the generation of energy in Northern Nevada; and be it further

Resolved, That the Nevada Legislature commends the developers of the Tahoe-Reno Industrial Center for their vision and commitment to the economic development of this state; and be it further

Resolved, That the Nevada Legislature commends the efforts of the Board of County Commissioners of Storey County, the Commission on Economic Development and the Economic Development Authority of Western Nevada for their support of projects for economic development at the Tahoe-Reno Industrial Center; and be it further

Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Governor Kenny Guinn, Lieutenant Governor Lorraine Hunt, each member of the Commission on Economic Development and each member of the Board of County Commissioners of Storey County.”.

Amend the preamble of the resolution, page 1, lines 8 and 10, by deleting “Park” and inserting “Center”.

Amend the preamble of the resolution, page 1, by deleting lines 14 through 21 on page 1 and lines 1 through 18 on page 2, and inserting:

“Whereas, The developers of the Tahoe-Reno Industrial Center have invested a substantial amount of money to develop the infrastructure required for the construction and operation of the center; and

Whereas,The power generation plant under construction at the Tahoe-Reno Industrial Center will provide a new resource for power in this state and help to avoid shortages of power in Northern Nevada; and

Whereas, The Tahoe-Reno Industrial Center is working with The Nature Conservancy to develop a 400-acre, 5-mile-long nature preserve on the McCarran Ranch property which currently provides habitat for many species of wildlife and over 125 species of birds, thereby enabling The Nature Conservancy to restore the area to its full ecological potential; and

Whereas, The developers of the Tahoe-Reno Industrial Center are working with the Department of Transportation to develop the Interstate Highway No. 80 Interchange and State Route No. 567 that will connect Interstate Highway No. 80 and U.S. Highway 50 and will donate the right of way for the construction of State Route No. 567; and

Whereas, The construction of the Interstate Highway No. 80 Interchange and State Route No. 567 will help to ensure that the economic benefits resulting from the Tahoe-Reno Industrial Center in Storey County will inure as well to the economic benefit of Carson City and Lyon County; now, therefore, be it”.

Amend the title of the resolution to read as follows:

“Assembly Concurrent Resolution—Expressing support for projects for economic development at the Tahoe-Reno Industrial Center.”.

Amend the summary of the resolution to read as follows:

“SUMMARY—Expresses support for projects for economic development at Tahoe-Reno Industrial Center. (BDR R‑763)”.

Assemblywoman Chowning moved the adoption of the amendment.

Remarks by Assemblywoman Chowning.

Amendment adopted.

Resolution ordered reprinted and engrossed.

INTRODUCTION, FIRST READING AND REFERENCE

Senate Bill No. 15.

Assemblywoman Buckley moved that the bill be referred to the Committee on Judiciary.

Motion carried.

Senate Bill No. 32.

Assemblywoman Buckley moved that the bill be referred to the Committee on Judiciary.

Motion carried.

Senate Bill No. 116.

Assemblywoman Buckley moved that the bill be referred to the Committee on Health and Human Services.

Motion carried.

Senate Bill No. 221.

Assemblywoman Buckley moved that the bill be referred to the Committee on Taxation.

Motion carried.

Senate Bill No. 373.

Assemblywoman Buckley moved that the bill be referred to the Committee on Commerce and Labor.

Motion carried.

Senate Bill No. 389.

Assemblywoman Buckley moved that the bill be referred to the Committee on Taxation.

Motion carried.

MOTIONS, RESOLUTIONS AND NOTICES

Senate Joint Resolution No. 1.

Assemblywoman Buckley moved that the resolution be referred to the Committee on Natural Resources, Agriculture, and Mining.

Motion carried.

SECOND READING AND AMENDMENT

Assembly Bill No. 86.

Bill read second time.

The following amendment was proposed by the Committee on Transportation:

Amendment No. 109.

Amend section 1, page 1, by deleting lines 6 through 12 and inserting: “the control of the railroad company, the contract may provide that the railroad company is not required to file, furnish or obtain a payment bond, performance bond or any other bond that would otherwise be required pursuant to the provisions of this chapter.”.

Amend sec. 4, page 3, by deleting lines 1 and 2 and inserting:

“408.383 1. Except as otherwise provided in subsections 2 [and 11,], 11 and 12, the director may pay at the end of each calendar”.

Amend sec. 4, page 4, between lines 38 and 39, by inserting:

“12. If the director awards to a railroad company a contract for a project for the construction, reconstruction, improvement or maintenance of a highway and the project is located on property that is owned by or under the control of the railroad company, the director may agree in the contract not to retain any portion of the contract price.”.

Amend the title of the bill to read as follows:

“AN ACT relating to highways; providing an exception to the requirements relating to the retention of a portion of the contract price or the furnishing of a bond with respect to certain contracts awarded to railroad companies; and providing other matters properly relating thereto.”.

Assemblywoman Chowning moved the adoption of the amendment.

Remarks by Assemblywoman Chowning.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 87.

Bill read second time.

The following amendment was proposed by the Committee on Government Affairs:

Amendment No. 47.

Amend section 1, page 1, line 6, after “inclusive.” by inserting:

“At the time at which an obligor initially seeks to obtain the director’s assistance in financing a project, the director shall inform the obligor of the provisions of this section.”.

Amend section 1, pages 1 and 2, by deleting lines 12 through 14 on page 1 and lines 1 through 8 on page 2, and inserting: “available to the public [unless the obligor has:

(a) Requested] if:

(a) The obligor has requested in writing that the information, statements or records be [made public; or

(b) Furnished the information, statements or records for a purpose other than obtaining the director’s assistance in financing a project pursuant to NRS 349.400 to 349.670, inclusive.] kept confidential and has specified the legal authority pursuant to which such information, statements or records must be kept confidential; and

(b) The director has found that the legal authority specified by the obligor requires that the information, statements or records be kept confidential.”.

Amend section 1, page 2, line 9, by deleting “4.” and inserting “3.”.

Amend the title of the bill by deleting the third through seventh lines and inserting: “such bonds be kept confidential in certain circumstances; and providing other matters properly”.

Assemblyman Bache moved the adoption of the amendment.

Remarks by Assemblyman Bache.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 93.

Bill read second time.

The following amendment was proposed by the Committee on Government Affairs:

Amendment No. 40.

Amend section 1, page 1, by deleting lines 7 and 8 and inserting:

“1. The] ; contract in lieu of or in addition to appointment.”.

Amend section 1, page 1, by deleting lines 11 and 12 and inserting:

“2. The city attorney and any attorney with whom the city council enters into a contract pursuant to subsection 6 must be a [duly] licensed member of the State Bar of Nevada.”.

Amend section 1, page 2, by deleting lines 4 through 25 and inserting:

“6. In lieu of or in addition to appointing a city attorney pursuant to subsection 1, the city council may enter into a contract with one or more attorneys employed by or associated with a professional corporation, partnership or limited-liability company that engages in the practice of law in this state to perform all or a portion of the duties of the city attorney. If the city council enters into such a contract, the city council shall ensure that the contract specifies the duties to be performed and the compensation payable for the performance of those duties.

7. An attorney with whom the city council enters into a contract to perform all or a portion of the duties of the city attorney pursuant to subsection 6 has, for each of the duties specified in the contract, all the powers and duties otherwise conferred upon a city attorney who is appointed pursuant to subsection 1.”.

Amend the title of the bill to read as follows:

“AN ACT relating to the City of North Las Vegas; authorizing the city council to enter into a contract with one or more attorneys employed by or associated with certain professional corporations, partnerships or limited-liability companies to perform all or a portion of the duties of the city attorney; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Revises provisions of charter of City of North Las Vegas concerning city attorney. (BDR S‑431)”.

Assemblyman Bache moved the adoption of the amendment.

Remarks by Assemblyman Bache.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 134.

Bill read second time.

The following amendment was proposed by the Committee on Commerce and Labor:

Amendment No. 169.

Amend section 1, page 1, line 11, by deleting “legislature” and inserting:

“governor, for inclusion in the executive budget,”.

Amend section 1, page 1, line 17, by deleting “[All]” and inserting:

“[All of the]”.

Amend section 1, page 2, line 2, after “oversee” by inserting “and enforce”.

Amend section 1, page 2, by deleting lines 5 and 6 and inserting:

“be paid to the attorney general to pay the expenses of the unit established in the office of the attorney general that investigates and prosecutes insurance fraud.”.

Amend section 1, page 2, line 7, by deleting:

“all of the”.

Amend section 1, page 2, line 37, by deleting the brackets and strike-through.

Amend the title of the bill, third line, by deleting: “acts of insurers;” and inserting “acts;”.

Amend the summary of the bill to read as follows:

“SUMMARY—Makes various changes concerning assessment imposed by commissioner of insurance upon insurers to pay for program to investigate certain violations and fraudulent acts. (BDR 57‑331)”.

Assemblyman Dini moved the adoption of the amendment.

Remarks by Assemblyman Dini.

Amendment adopted.

Bill ordered reprinted, engrossed and to the Concurrent Committee on Ways and Means.

Assembly Bill No. 160.

Bill read second time.

The following amendment was proposed by the Committee on Commerce and Labor:

Amendment No. 98.

Amend the bill as a whole by renumbering section 1 as sec. 4 and adding new sections designated sections 1 through 3, following the enacting clause, to read as follows:

“Section 1. NRS 616A.230 is hereby amended to read as follows:

616A.230 “Employer” means:

1. [The] Except as otherwise provided in subsection 4 of NRS 616B.627, the state, and each county, city, school district, and all public and quasi-public corporations therein without regard to the number of persons employed.

2. Every person, firm, voluntary association [,] and private corporation, including any public service corporation, which has in service any person under a contract of hire.

3. The legal representative of any deceased employer.

4. The Nevada rural housing authority.

5. An owner or principal contractor who establishes and administers a consolidated insurance program pursuant to NRS 616B.710, with respect to the employees covered under that consolidated insurance program.

Sec. 2. NRS 616B.618 is hereby amended to read as follows:

616B.618 [Where] Except as otherwise provided in subsection 4 of NRS 616B.627, when the state or a county, city, school district, metropolitan police department, or other political subdivision, or a contractor under such a governmental entity is the employer, the provisions of chapters 616A to 616D, inclusive, of NRS for the payment of compensation and the amount thereof for any injury sustained by an employee are conclusive, compulsory and obligatory upon both employer and employee without regard to the number of persons in the service of any such employer.

Sec. 3. NRS 616B.624 is hereby amended to read as follows:

616B.624 1. If a quasi-public or private corporation or a limited-liability company is required to be insured pursuant to chapters 616A to 616D, inclusive, of NRS, an officer of the corporation or a manager of the company who:

(a) Receives pay for services performed as an officer, manager or employee of the corporation or company shall be deemed for the purposes of those chapters to receive a minimum pay of $6,000 per year the policy of industrial insurance for the employer is effective and a maximum pay of $36,000 per year the policy of industrial insurance is effective.

(b) Does not receive pay for services performed as an officer, manager or employee of the corporation or company shall be deemed for the purposes of those chapters to receive a minimum pay of $500 per month or $6,000 per year the policy of industrial insurance is effective.

2. An officer or manager who does not receive pay for services performed as an officer, manager or employee of the corporation or company may elect to reject coverage for himself by filing written notice thereof with the corporation or company and the insurer. The rejection is effective upon receipt of the notice by the insurer.

3. An officer or manager of such a corporation or company who:

(a) Owns the corporation or company;

(b) Operates the corporation or company exclusively from his primary residence; and

F

may elect to reject coverage for himself by filing written notice thereof with the insurer. The rejection is effective upon receipt of the notice by the insurer.

4. An officer or manager who has rejected coverage may rescind that rejection by filing written notice thereof with the corporation or company and the insurer. The rescission is effective upon receipt of the notice by the insurer. [If] Except as otherwise provided in subsection 3, if an officer or manager who has rejected coverage receives pay for services performed as an officer, manager or employee of the corporation or company, the officer or manager shall be deemed to have rescinded that rejection.

[4.] 5. A nonprofit corporation whose officers do not receive pay for services performed as officers or employees of the corporation may elect to reject coverage for its current officers and all future officers who do not receive such pay by filing written notice thereof with the corporation and the insurer. The rejection is effective upon receipt of the notice by the insurer.

[5.] 6. A nonprofit corporation which has rejected coverage for its officers who do not receive pay for services performed as officers or employees of the corporation may rescind that rejection by filing written notice thereof with the corporation and the insurer. The rescission is effective upon receipt of the notice by the insurer. If an officer of a nonprofit corporation which has rejected coverage receives pay for services performed as an officer or employee of the corporation, the corporation shall be deemed to have rescinded that rejection.”.

Amend section 1, page 1, by deleting lines 9 through 11 and inserting:

“the provisions of chapters 616A to 616D, inclusive, of NRS. A state agency, political subdivision or metropolitan police department [shall not] may furnish coverage for industrial insurance for a contractor [except as otherwise agreed] as specified in the”.

Amend section 1, page 1, line 14, after “proprietor” by inserting:

“who does not use the services of his employees, if any, in the performance of a contract with the state or any political subdivision thereof, or a metropolitan police department,”.

Amend section 1, page 2, between lines 8 and 9, by inserting:

“4. A state agency, political subdivision or metropolitan police department that lets a contract to a sole proprietor in accordance with this section:

(a) Must not, for any purpose, be considered to be the employer of the sole proprietor or his employees, if any; and

(b) Is not liable as a principal contractor to the sole proprietor or his employees, if any, for any compensation or other damages as a result of an industrial injury or occupational disease incurred in the performance of the contract.”.

Amend the bill as a whole by renumbering sections 2 and 3 as sections 7 and 8 and adding new sections designated sections 5 and 6, following section 1, to read as follows:

“Sec. 5. NRS 617.110 is hereby amended to read as follows:

617.110 “Employer” means:

1. [The] Except as otherwise provided in subsection 4 of NRS 617.210, the state and each county, city, school district, and all public and quasi-public corporations therein, without regard to the number of persons employed.

2. Every person, firm, voluntary association [,] and private corporation, including any public service corporation, which has in service any employee under a contract of hire.

3. The legal representative of any deceased employer.

4. The Nevada rural housing authority.

Sec. 6. NRS 617.207 is hereby amended to read as follows:

617.207 1. If a quasi-public or private corporation or limited-liability company is required to be insured pursuant to this chapter, an officer of the corporation or a manager of the company who:

(a) Receives pay for service performed shall be deemed for the purposes of this chapter to receive a minimum pay of $6,000 per year the policy of industrial insurance for the employer is effective and a maximum pay of $36,000 per year the policy of industrial insurance if effective.

(b) Does not receive pay for services performed shall be deemed for the purposes of this chapter to receive a minimum pay of $500 per month or $6,000 per year the policy of industrial insurance is effective.

2. An officer or manager who does not receive pay for services performed may elect to reject coverage for himself by filing written notice thereof with the corporation or company and the insurer. The rejection is effective upon receipt of the notice by the insurer.

3. An officer or manager of such a corporation or company who:

(a) Owns the corporation or company;

(b) Operates the corporation or company exclusively from his primary residence; and

FLUSH

may elect to reject coverage for himself by filing written notice thereof with the insurer. The rejection is effective upon receipt of the notice by the insurer.

Amend sec. 2, page 2, by deleting lines 17 and 18 and inserting:

“the provisions of this chapter. A state agency, political subdivision [shall not] or metropolitan police department may furnish coverage under this chapter for a contractor [except as otherwise agreed] as specified in”.

Amend sec. 2, page 2, line 21, after “proprietor” by inserting:

“who does not use the services of his employees, if any, in the performance of a contract with the state or any political subdivision thereof, or a metropolitan police department,”.

Amend sec. 2, page 2, between lines 35 and 36, by inserting:

“4. A state agency, political subdivision or metropolitan police department that lets a contract to a sole proprietor pursuant to subsection 1:

(a) Shall be deemed not to be the employer of the sole proprietor or his employees, if any; and

Amend the title of the bill to read as follows:

“AN ACT relating to insurance; providing that certain owners of corporations and companies may elect to reject coverage for themselves for industrial insurance and occupational diseases under certain circumstances; clarifying that a sole proprietor is not required to obtain industrial insurance or coverage for occupational diseases before performing work under a contract with the state or a political subdivision of the state or a metropolitan police department under certain circumstances; clarifying that the state or a political subdivision of the state or a metropolitan police department is not an employer of and is not liable to a sole proprietor or his employees under certain circumstances; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Revises provisions governing industrial insurance. (BDR 53‑1097)”.

Assemblyman Dini moved the adoption of the amendment.

Remarks by Assemblyman Dini.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 173.

Bill read second time.

The following amendment was proposed by the Committee on Health and Human Services:

Amendment No. 108.

Amend the bill as a whole by renumbering section 1 as sec. 8 and adding new sections designated sections 1 through 7, following the enacting clause, to read as follows:

“Section 1. Chapter 450B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

Sec. 2. “Attending physician” has the meaning ascribed to it in NRS 449.550.

Sec. 3. “Terminal condition” has the meaning ascribed to it in NRS 449.590.

Sec. 4. The board may enter into an agreement for the manufacture of a bracelet or medallion to be worn by a qualified patient which indicates that the qualified patient has been issued a do-not-resuscitate identification. Such a bracelet or medallion may be issued to a qualified patient in addition to, and not in lieu of, the do-not-resuscitate identification.

Sec. 5. 1. A parent or legal guardian of a minor may apply to the health authority for a do-not-resuscitate identification on behalf of the minor if the minor has been:

(a) Determined by his attending physician to be in a terminal condition; and

(b) Issued a do-not-resuscitate order pursuant to NRS 450B.510.

2. To obtain such a do-not-resuscitate identification, the parent or legal guardian must:

(a) Submit an application on a form provided by the health authority; and

(b) Comply with the requirements prescribed by the board.

3. An application submitted pursuant to subsection 2 must include, without limitation:

(a) Certification by the minor’s attending physician that the minor:

(1) Suffers from a terminal condition; and

(2) Has been issued a do-not resuscitate order pursuant to NRS 450B.510;

(b) A statement that the parent or legal guardian of the minor does not wish that life-resuscitating treatment be undertaken in the event of a cardiac or respiratory arrest;

(d) The name, signature and telephone number of the minor’s attending physician; and

(e) The name, signature and telephone number of the minor’s parent or legal guardian.

4. Except as otherwise provided in this section, the parent or legal guardian of the minor may revoke the authorization to withhold life-resuscitating treatment by removing or destroying or requesting the removal or destruction of the identification or otherwise indicating to a person that he wishes to have the identification removed or destroyed.

5. If, in the opinion of the attending physician, the minor is of sufficient maturity to understand the nature and effect of withholding life-resuscitating treatment:

(a) The do-not-resuscitate identification obtained pursuant to this section is not effective without the assent of the minor.

(b) The minor may revoke the authorization to withhold life-resuscitating treatment by removing or destroying or requesting the removal or destruction of the identification or otherwise indicating to a person that he wishes to have the identification removed or destroyed.

(c) The parent or legal guardian of the minor may not revoke the authorization to withhold life-resuscitating treatment without the assent of the minor.

Sec. 6. NRS 450B.400 is hereby amended to read as follows:

450B.400 As used in NRS 450B.400 to 450B.590, inclusive, and sections 2 to 5, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 450B.410 to 450B.470, inclusive, and sections 2 and 3 of this act, have the meanings ascribed to them in those sections.

Sec. 7. NRS 450B.470 is hereby amended to read as follows:

450B.470 “Qualified patient” [has the meaning ascribed to it in NRS 449.585.] means:

1. A patient 18 years of age or older who has been determined by his attending physician to be in a terminal condition and who:

(a) Has executed a declaration in accordance with the requirements of NRS 449.600; or

(b) Has been issued a do-not-resuscitate order pursuant to NRS 450B.510.

2. A patient who is less than 18 years of age and who:

(a) Has been determined by his attending physician to be in a terminal condition; and

(b) Has been issued a do-not-resuscitate order pursuant to NRS 450B.510.”.

Amend section 1, page 1, line 2, after “inclusive,” by inserting:

“and sections 2 to 5, inclusive, of this act,”.

Amend section 1, page 1, line 6, by deleting “transferred” and inserting:

“prepared to be transferred, or is being transferred,”.

Amend the bill as a whole by renumbering sections 2 and 3 as sections 13 and 14 and adding new sections designated sections 9 through 12, following section 1, to read as follows:

“Sec. 9. NRS 450B.490 is hereby amended to read as follows:

450B.490 1. The board shall adopt regulations to carry out the provisions of NRS 450B.400 to 450B.590, inclusive [.] , and sections 2 to 5, inclusive, of this act. The regulations must establish:

(a) A do-not-resuscitate protocol; and

(b) The procedure to apply for a do-not-resuscitate identification.

2. The board may establish a fee for [a] :

(a) A do-not-resuscitate identification to be collected by the health authority. The fee may not exceed the actual cost to the health authority of:

[(a)] (1) Manufacturing or obtaining the identification from a manufacturer, including the cost of shipping and handling; and

[(b)] (2) Engraving the identification.

(b) The issuance of a bracelet or medallion which indicates that a do-not-resuscitate identification has been issued to a qualified patient.

3. In the case of a county or district board of health, such regulations take effect immediately upon approval by the state board of health.

Sec. 10. NRS 450B.510 is hereby amended to read as follows:

450B.510 1. A physician licensed in this state may issue a written do-not-resuscitate order only to a [qualified patient.

2. The] patient who has been determined to be in a terminal condition.

2. Except as otherwise provided in subsection 3, the order is effective only if the patient has agreed to its terms, in writing, while he is capable of making an informed decision.

3. If the patient is a minor, the order is effective:

(a) Only if the minor has agreed to its terms, in writing, while he is capable of making an informed decision if, in the opinion of the attending physician, the minor is of sufficient maturity to understand the nature and effect of withholding life-resuscitating treatment; or

(b) Otherwise, only if the parent or legal guardian of the minor has agreed to its terms, in writing.

4. A physician who issues a do-not-resuscitate order may apply, on behalf of the patient, to the health authority for a do-not-resuscitate identification for that patient.

Sec. 11. NRS 450B.520 is hereby amended to read as follows:

450B.520 Except as otherwise provided in section 5 of this act:

1. Aqualified patientmay apply to the health authority for a do-not-resuscitate identification by submitting an application on a form provided by the health authority. To obtain a do-not-resuscitate identification, the patient must comply with the requirements prescribed by the board and sign a form which states that he has informed each member of his family within the first degree of consanguinity or affinity, whose whereabouts are known to him, or if no such members are living, his legal guardian, if any, or if he has no such members living and has no legal guardian, his caretaker, if any, of his decision to apply for an identification.

2. An application must include, without limitation:

(a) Certification by the patient’s attending physician that the patient suffers from a terminal condition;

(b) Certification by the patient’s attending physician that the patient [:

(1) Is] is capable of making an informed decision [; or

(2) When] or, when he was capable of making an informed decision [,] :

(1) He executed:

(I) A written directive that life-resuscitating treatment be withheld under certain circumstances; or

(II) A durable power of attorney for health care pursuant to NRS 449.800 to 449.860, inclusive; or

(2) He was issued a do-not-resuscitate order pursuant to NRS 450B.510;

(c) A statement that the patient does not wish that life-resuscitating treatment be undertaken in the event of a cardiac or respiratory arrest;

(d) The name, signature and telephone number of the patient’s attending physician; and

(e) The name and signature of the patient or the attorney in fact who is authorized to make health care decisions on the patient’s behalf pursuant to a durable power of attorney for health care.

Sec. 12. NRS 450B.530 is hereby amended to read as follows:

450B.530 [A] Except as otherwise provided in section 5 of this act, a qualified patient who possesses a do-not-resuscitate identification may revoke his authorization to withhold life-resuscitating treatment by removing or destroying or requesting the removal or destruction of his identification or otherwise indicating to a person that he wishes to have his identification removed or destroyed.”.

Amend sec. 2, page 1, line 15, by deleting “transferred” and inserting:

“prepared to be transferred, or is being transferred,”.

Amend sec. 2, page 2, line 8, by deleting “transferred” and inserting:

“prepared to be transferred, or is being transferred,”.

Amend sec. 2, page 2, line 19, by deleting “transferred” and inserting:

“prepared to be transferred, or is being transferred,”.

Amend sec. 2, page 2, by deleting lines 30 through 36 and inserting:

“(a) An oral or written request made by a qualified patient [who possesses a do-not-resuscitate identification;] , or the parent or legal guardian of a qualified patient, who may revoke the authorization to withhold life-resuscitating treatment pursuant to NRS 450B.530 or section 5 of this act; or

(b) An observation that a qualified patient [has removed or destroyed or requested the removal or destruction of his do-not-resuscitate identification or otherwise indicated that he wished to have his identification removed or destroyed,] , or the parent or legal guardian of a qualified patient, has revoked or otherwise indicated that he wishes to revoke the authorization to withhold life-resuscitating treatment pursuant to NRS 450B.530 or section 5 of this act,”.

Amend the bill as a whole by renumbering sec. 4 as sec. 16 and adding a new section designated sec. 15, following sec. 3, to read as follows:

“Sec. 15. NRS 450B.560 is hereby amended to read as follows:

450B.560 1. Unless he has knowledge to the contrary, a physician, any other provider of health care or any person who administers emergency medical services may assume that a do-not-resuscitate identification complies with the provisions of NRS 450B.400 to 450B.590, inclusive, and sections 2 to 5, inclusive, of this act, and is valid.

2. The provisions of NRS 450B.400 to 450B.590, inclusive, and sections 2 to 5, inclusive, of this act, do not create a presumption concerning the intention of a:

(a) Qualified patient or a parent or legal guardian of a qualified patient who has revoked [his] authorization to withhold life-resuscitating treatment [;] pursuant to NRS 450B.530 or section 5 of this act; or

(b) Person who has not obtained a do-not-resuscitate identification,

concerning the use or withholding of life-resuscitating treatment in a life-threatening emergency.”.

Amend sec. 4, page 3, line 4, after “inclusive,” by inserting:

“and sections 2 to 5, inclusive, of this act,”.

Amend the bill as a whole by renumbering sec. 5 as sec. 20 and adding new sections designated sections 17 through 19, following sec. 4, to read as follows:

“Sec. 17. NRS 450B.580 is hereby amended to read as follows:

450B.580 1. It is unlawful for:

(a) A person who administers emergency medical services to fail willfully to transfer a qualified patient in accordance with the provisions of NRS 450B.550.

(b) A person purposely to conceal, cancel, deface or obliterate a do-not-resuscitate identification of a qualified patient, unless it is done in compliance with [the] a request of the qualified patient or a parent or legal guardian of the qualified patient to remove or destroy [his] the do-not-resuscitate identification [.] pursuant to NRS 450B.530 or section 5 of this act.

(c) A person to falsify or forge the do-not-resuscitate identification of a qualified patient or purposely to conceal or withhold personal knowledge of the revocation of a do-not-resuscitate identification with the intent to cause the use, withholding or withdrawal of life-resuscitating treatment.

2. A person who violates any of the provisions of this section is guilty of a misdemeanor.

Sec. 18. NRS 129.030 is hereby amended to read as follows:

129.030 1. [A] Except as otherwise provided in section 5 of this act, a minor may give consent for the services provided in subsection 2 for himself or for his child, if he is:

(a) Living apart from his parents or legal guardian, with or without the consent of the parent, parents or legal guardian, and has so lived for a period of at least 4 months;

(b)Married or has been married;

(d) In a physician’s judgment, in danger of suffering a serious health hazard if health care services are not provided.

2. Except as otherwise provided in subsection 4 [,] and section 5 of this act, the consent of the parent or parents or the legal guardian of a minor is not necessary for a local or state health officer, board of health, licensed physician or public or private hospital to examine or provide treatment for any minor, included within the provisions of subsection 1, who understands the nature and purpose of the proposed examination or treatment and its probable outcome, and voluntarily requests it. The consent of the minor to examination or treatment pursuant to this subsection is not subject to disaffirmance because of minority.

3. A person who treats a minor pursuant to subsection 2 shall, before initiating treatment, make prudent and reasonable efforts to obtain his consent to communicate with his parent, parents or legal guardian, and shall make a note of such efforts in the record of his care. If the person believes that such efforts would jeopardize treatment necessary to the minor’s life or necessary to avoid a serious and immediate threat to the minor’s health, the person may omit such efforts and note the reasons for the omission in the record.

4. A minor may not consent to his sterilization.

5. In the absence of negligence, no person providing services pursuant to subsection 2 is subject to civil or criminal liability for providing those services.

6. The parent, parents or legal guardian of a minor who receives services pursuant to subsection 2 are not liable for the payment for those services unless the parent, parents or legal guardian has consented to such health care services. The provisions of this subsection do not relieve a parent, parents or legal guardian from liability for payment for emergency services provided to a minor pursuant to NRS 129.040.

Sec. 19. NRS 129.050 is hereby amended to read as follows:

129.050 1. [Any] Except as otherwise provided in section 5 of this act, any minor who is under the influence of, or suspected of being under the influence of, a controlled substance:

(a) May give express consent; or

(b) If unable to give express consent, shall be deemed to consent,

to the furnishing of hospital, medical, surgical or other care for the treatment of abuse of drugs or related illnesses by any public or private hospital, medical facility, facility for the dependent or any licensed physician, and the consent of the minor is not subject to disaffirmance because of minority.

2. Immunity from civil or criminal liability extends to any physician or other person rendering care or treatment pursuant to subsection 1, in the absence of negligent diagnosis, care or treatment.

3. The consent of the parent, parents or [the] legal guardian of the minor is not necessary to authorize such care, but any physician who treats a minor pursuant to this section shall make every reasonable effort to report the fact of treatment to the parent , [or] parents or legal guardian within a reasonable time after treatment.”.

Amend the title of the bill, third line, after “arrest;” by inserting:

“authorizing the parent or legal guardian of a minor to obtain a do-not-resuscitate identification on behalf of the minor under certain circumstances;”.

Assemblywoman Koivisto moved the adoption of the amendment.

Remarks by Assemblywoman Koivisto.

Amendment adopted.

Assemblywoman Koivisto moved that upon return from the printer Assembly Bill No. 173 be re-referred to the Committee on Health and Human Services.

Motion carried.

Bill ordered reprinted, engrossed and to the Committee on Health and Human Services.

Assembly Bill No. 196.

Bill read second time.

The following amendment was proposed by the Committee on Health and Human Services:

Amendment No. 113.

Amend the bill as a whole by deleting sec. 4 and renumbering sec. 5 as sec. 4.

Amend the title of the bill, fourth line, by deleting:

“making an appropriation;”.

Assemblywoman Koivisto moved the adoption of the amendment.

Remarks by Assemblywoman Koivisto.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 203.

Bill read second time.

The following amendment was proposed by the Committee on Commerce and Labor:

Amendment No. 195.

Amend the bill as a whole by renumbering sections 1 through 3 as sections 3 through 5 and adding new sections designated sections 1 and 2, following the enacting clause, to read as follows:

“Section 1. NRS 489.285 is hereby amended to read as follows:

489.285 1. The division shall adopt regulations concerning continuing education requirements for installers, rebuilders and servicemen of mobile homes [.] , and responsible managing employees and salesmen. The regulations must include the:

(a) Criteria for determining what qualifies as continuing education;

(b) Criteria for approving educational and training programs;

(d) Grounds and procedures for granting an extension of time within which to comply with continuing education requirements.

2. In adopting regulations pursuant to subsection 1, the division shall:

(a) Allow for alternative subjects, instructors, schools and sources of programs, with consideration for specialized areas of practice, availability and proximity of resources to the licensees and applicants, and the time and expense required to participate in the programs.

(b) Approve courses offered by generally accredited educational institutions and private vocational schools if those courses otherwise qualify as continuing education.

(1) Individual sponsors;

(2) Manufactured housing firms and businesses such as dealers, installers, rebuilders, servicemen, manufacturers of manufactured homes and suppliers of the various components for constructing homes, including heating and air-conditioning systems, material for roofing and siding, skirting, awnings and other components;

(3) Professional and industry-related organizations; and

(4) Other organized educational programs concerning technical or specialized subjects, including in-house training programs offered by an employer for his employees and participation in meetings and conferences of industry-related organizations.

(d) Solicit advice and assistance from persons and organizations that are knowledgeable in the construction, sale, installation, rebuilding and servicing of manufactured homes and the method of educating licensees.

3. The division is not responsible for the costs of any continuing education program, but may participate in the funding of those programs subject to legislative appropriations.

4. As used in this section, “industry-related organizations” includes, without limitation, the:

(a) National Manufactured Housing Federation;

(b) Manufactured Housing Institute;

(d) Nevada Association of Manufactured Homeowners;

(e) Nevada Association of Realtors; and

(f) Any other organization approved by the division.

Sec. 2. NRS 489.323 is hereby amended to read as follows:

489.323 If a licensee is an installer, rebuilder or serviceman of mobile homes, or a responsible managing employee or salesman, the division shall not renew a license issued to that licensee until the licensee has submitted proof satisfactory to the division that he has, during the 2-year period immediately preceding the renewal of the license, completed at least 8 hours of continuing education approved by the division pursuant to NRS 489.285.”.

Amend section 1, page 1, by deleting lines 5 and 6 and inserting:

“purchasers of manufactured homes, mobile homes or commercial coaches against persons licensed pursuant to the”.

Amend section 1, page 2, line 8, by deleting “or lessee”.

Amend section 1, page 2, line 9, by deleting:

“the provisions of ”.

Amend section 1, page 2, line 12, by deleting “those provisions.” and inserting “this chapter.”.

Amend sec. 2, page 2, line 14, by deleting “or lessee”.

Amend sec. 2, page 2, line 15, by deleting:

“home, travel trailer” and inserting “home”.

Amend sec. 2, page 2, line 23, by deleting “claimant” and inserting “[claimant] judgment ”.

Amend sec. 2, page 2, line 26, after “court.” by inserting:

“The petition and each copy of the petition served pursuant to this subsection must set forth the grounds which entitle the judgment creditor to recover from the account and must include a copy of:

(a) The final judgment specified in subsection 1;

(b) The complaint upon which the final judgment was entered; and

Amend the bill as a whole by renumbering sec. 4 as sec. 7 and adding a new section designated sec. 6, following sec. 3, to read as follows:

“Sec. 6. The amendatory provisions of sections 1 and 2 of this act do not apply to a responsible managing employee or salesman whose license is renewed before July 1, 2002.”.

Amend the title of the bill, first line, after “housing;” by inserting: “requiring a responsible managing employee or salesman to complete certain requirements for continuing education as a condition for the renewal of his license;”.

Amend the summary of the bill to read as follows:

“SUMMARY—Revises provisions governing manufactured housing. (BDR 43‑560)”.

Assemblyman Dini moved the adoption of the amendment.

Remarks by Assemblyman Dini.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 250.

Bill read second time.

The following amendment was proposed by the Committee on Health and Human Services:

Amendment No. 132.

Amend section 1, page 1, line 2, by deleting “17,” and inserting “11,”.

Amend sec. 2, page 1, line 3, by deleting “17,” and inserting “11,”.

Amend sec. 2, page 1, lines 4 and 5, by deleting:

“3 to 8, inclusive,” and inserting:

“3, 4 and 5”.

Amend the bill as a whole by deleting sec. 3 and renumbering sections 4 and 5 as sections 3 and 4.

Amend the bill as a whole by deleting sections 6 and 7 and renumbering sections 8 through 13 as sections 5 through 10.

Amend sec. 8, page 2, line 14, by deleting “and infants”.

Amend sec. 8, page 2, line 15, by deleting “17,” and inserting “11,”.

Amend sec. 9, page 2, by deleting lines 20 through 23 and inserting:

“Sec. 6. 1. Except as otherwise provided in section 8 of this act, a licensed hospital in this state that provides services for maternity care and the care of newborn children and a licensed obstetric center in this state shall not discharge a newborn child who was born in the facility until the newborn child has undergone a hearing screening for the”.

Amend sec. 9, page 2, by deleting lines 26 through 35.

Amend sec. 9, page 2, line 37, by deleting “17,” and inserting “11,”.

Amend sec. 10, page 2, line 39, by deleting “9” and inserting “6”.

Amend sec. 10, page 2, by deleting lines 41 and 42 and inserting:

“2. A licensed hospital and a licensed obstetric center shall hire,”.

Amend sec. 10, page 2, by deleting line 46 and inserting:

“in accordance with sections 2 to 11, inclusive, of this act;”.

Amend sec. 10, page 3, line 5, by deleting:

“child or an infant,” and inserting “child,”.

Amend sec. 10, page 3, by deleting lines 8 through 10 and inserting:

“child.

4. A licensed hospital and a licensed obstetric center shall annually prepare and submit to the health division a written report concerning hearing screenings of newborn children in accordance with regulations adopted by the state board of health. The report must include, without limitation, the number of newborn children screened and the results of the screenings.

5. The health division shall annually prepare and submit to the”.

Amend sec. 10, page 3, lines 11 and 12, by deleting:

“children and infants.” and inserting “children.”.

Amend sec. 10, page 3, by deleting lines 14 and 15 and inserting:

“newborn children and any other related information submitted in accordance with the regulations of the state board of health;”.

Amend sec. 10, page 3, line 17, by deleting “17,” and inserting “11,”.

Amend sec. 10, page 3, by deleting line 18 and inserting “children; and”.

Amend sec. 11, page 3, by deleting lines 20 and 21 and inserting:

“Sec. 8. A newborn child may be discharged from the licensed hospital or obstetric center in which he was born without having undergone a required hearing”.

Amend sec. 11, page 3, by deleting lines 26 through 35 and inserting:

“medical file of the newborn child.”.

Amend sec. 12, page 3, by deleting lines 36 through 38 and inserting:

“Sec. 9. If a hearing screening conducted pursuant to section 6 of this act indicates that a newborn child may have a hearing loss, the physician attending to the newborn child shall recommend to the parent or legal guardian of the newborn child that the newborn child receive an in-depth hearing diagnostic evaluation.”.

Amend sec. 13, page 3, by deleting lines 39 through 48 and inserting:

“Sec. 10. A licensed hospital and a licensed obstetric center shall formally designate a lead physician or audiologist to be responsible for:

1. The administration of the program for conducting hearing screenings of newborn children; and

2. Monitoring the scoring and interpretation of the test results of the hearing screenings.”.

Amend the bill as a whole by deleting sec. 14 and renumbering sec. 15 as sec. 11.

Amend sec. 15, page 4, by deleting lines 6 through 14 and inserting:
“Sec. 11. 1. The health division shall create written brochures that use terms which are easily understandable to a parent or legal guardian of a newborn child and include, without limitation:

(a) Information concerning the importance of screening the hearing of a newborn child; and

(b) A description of the normal development of auditory processes, speech and language in children.

2. The health division shall provide the brochures created pursuant to subsection 1 to each licensed hospital and each licensed obstetric center in this state. These facilities shall provide the brochures to the parents or legal guardians of a newborn child.”.

Amend the bill as a whole by deleting sections 16 through 26 and renumbering sections 27 through 29 as sections 12 through 14.

Amend sec. 29, page 9, line 25, by deleting “28, inclusive,” and inserting:

“13, inclusive, of this act”.

Amend the title of the bill to read as follows:

“AN ACT relating to health care; requiring hearing screenings for newborn children unless objected to in writing by the parent or legal guardian of the newborn child; establishing the duties of hospitals and obstetric centers concerning the provision of hearing screenings; requiring the state board of health to adopt certain regulations; requiring the health division of the department of human resources to create brochures concerning hearing screenings of newborn children for distribution to the parents and legal guardians of newborn children; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY―Requires screening of certain newborn children for hearing impairments. (BDR 40‑155)”.

Assemblywoman Koivisto moved the adoption of the amendment.

Remarks by Assemblywoman Koivisto.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 293.

Bill read second time.

The following amendment was proposed by the Committee on Government Affairs:

Amendment No. 83.

Amend section 1, pages 1 and 2, by deleting lines 10 through 17 on page 1 and lines 1 through 3 on page 2, and inserting:

“other form of indebtedness unless a public hearing on the proposal is first held before the board of county commissioners and the governing body of the city [.

2. If the trustees decide to propose the issuance of bonds, the proposal] that initially formed the consolidated library district pursuant to NRS 379.0221. After such a public hearing has been held, the board of county commissioners and the governing body of the city may each:

(a) Adopt a resolution that supports or opposes in whole or in part the proposal of the trustees of the consolidated library district; and

(b) Transmit the resolution to the debt management commission of the county in which the district is situated.

2. A proposal for the issuance of bonds pursuant to subsection 1 must be submitted to the debt”.

Amend section 1, page 2, line 4, by deleting “situated,” and inserting:

“situated [,] for its approval or disapproval,”.

Amend the title of the bill by deleting the first and second lines and inserting:

“AN ACT relating to libraries; authorizing the board of county commissioners and governing body of city that initially formed consolidated library district to adopt resolutions which support or oppose in whole or in part a”.

Amend the summary of the bill to read as follows:

“SUMMARY—Authorizes board of county commissioners and governing body of city that initially formed consolidated library district to adopt resolutions which support or oppose in whole or in part proposal for issuance of bonds for consolidated library district. (BDR 33‑1293)”.

Assemblyman Williams moved the adoption of the amendment.

Remarks by Assemblyman Williams.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 299.

Bill read second time.

The following amendment was proposed by the Committee on Elections, Procedures, and Ethics:

Amendment No. 153.

Amend the bill as a whole by deleting section 1, renumbering sections 2 through 5 as sections 6 through 9 and adding new sections designated sections 1 through 5, following the enacting clause, to read as follows:

“Section 1. NRS 293.1277 is hereby amended to read as follows:

293.1277 1. If the secretary of state finds that the total number of signatures submitted to all the county clerks is 100 percent or more of the number of registered voters needed to declare the petition sufficient, he shall immediately so notify the county clerks. Within 9 days, excluding Saturdays, Sundays and holidays, after notification, each of the county clerks shall determine the number of registered voters who have signed the documents submitted in his county.

2. If more than 500 names have been signed on the documents submitted to him, a county clerk shall examine the signatures by sampling them at random for verification. The random sample of signatures to be verified must be drawn in such a manner that every signature which has been submitted to the county clerk is given an equal opportunity to be included in the sample. The sample must include an examination of at least 500 or 5 percent of the signatures, whichever is greater.

3. In determining from the records of registration the number of registered voters who signed the documents, the county clerk may use the signatures contained in the file of applications to register to vote. If the county clerk uses that file, he shall ensure that every application in the file is examined, including any application in his possession which may not yet be entered into his records. The county clerk shall rely only on the appearance of the signature and the address and date included with each signature in making his determination.

4. Except as otherwise provided in subsection 6, upon completing the examination, the county clerk shall immediately attach to the documents a certificate properly dated, showing the result of his examination and transmit the documents with the certificate to the secretary of state. A copy of this certificate must be filed in the clerk’s office. When the county clerk transmits the certificate to the secretary of state, the county clerk shall notify the secretary of state of the number of requests to remove a name received by the county clerk pursuant to NRS 295.055 or 306.015.

5. A person who submits a petition to the county clerk which is required to be verified pursuant to NRS 293.128, 293.165, 293.172, 293.200, 295.056, 298.109, 306.035 or 306.110 must be allowed to witness the verification of the signatures. A public officer who is the subject of a recall petition must also be allowed to witness the verification of the signatures on the petition.

6. For any petition containing signatures which are required to be verified pursuant to the provisions of NRS 293.165, 293.200, 306.035 or 306.110 for any county, district or municipal office within one county, the county clerk shall not transmit to the secretary of state the documents containing the signatures of the registered voters.

7. The secretary of state may by regulation establish further procedures for carrying out the provisions of this section.

Sec. 2. NRS 293.1278 is hereby amended to read as follows:

293.1278 1. If the certificates received by the secretary of state from all the county clerks establish that the number of valid signatures is less than 90 percent of the required number of registered voters, the petition shall be deemed to have failed to qualify, and the secretary of state shall immediately so notify the petitioners and the county clerks.

2. If those certificates establish that the [petitioners have] number of valid signatures is equal to or more than the sum of 100 percent of the number of registered voters needed to make the petition sufficient [,] plus the total number of requests to remove a name received by the county clerks pursuant to NRS 295.055 or 306.015, the petition shall be deemed to qualify as of the date of receipt by the secretary of state of those certificates , [showing the petition to have reached 100 percent,] and the secretary of state shall immediately so notify the petitioners and the county clerks.

3. If the certificates establish that the petitioners have 100 percent or more of the number of registered voters needed to make the petition sufficient but the petition fails to qualify pursuant to subsection 2, each county clerk who received a request to remove a name pursuant to NRS 295.055 or 306.015 shall remove each name as requested, amend the certificate, and transmit the amended certificate to the secretary of state. If the amended certificates establish that the petitioners have 100 percent or more of the number of registered voters needed to make the petition sufficient, the petition shall be deemed to qualify as of the date of receipt by the secretary of state of the amended certificates, and the secretary of state shall immediately so notify the petitioners and the county clerks.

Sec. 3. NRS 293.1279 is hereby amended to read as follows:

293.1279 1. If the statistical sampling shows that the number of valid signatures filed is 90 percent or more , but less than the sum of 100 percent of the number of signatures of registered voters needed to declare the petition sufficient [,] plus the total number of requests to remove a name received by the county clerks pursuant to NRS 295.055 or 306.015, the secretary of state shall order the county clerks to examine the signatures for verification. The county clerks shall examine the signatures for verification until they determine that 100 percent of the number of signatures of registered voters needed to declare the petition sufficient are valid. If the county clerks received a request to remove a name pursuant to NRS 295.055 or 306.015, the county clerks may not determine that 100 percent of the number of signatures of registered voters needed to declare the petition sufficient are valid until they have removed each name as requested pursuant to NRS 295.055 or 306.015.

2. If the statistical sampling shows that the number of valid signatures filed in any county is 90 percent or more but less than the sum of 100 percent of the number of signatures of registered voters needed to constitute 10 percent of the number of voters who voted at the last preceding general election in that county [,] plus the total number of requests to remove a name received by the county clerk in that county pursuant to NRS 295.055 or 306.015, the secretary of state may order the county clerk in that county to examine every signature for verification. If the county clerk received a request to remove a name pursuant to NRS 295.055 or 306.015, the county clerk may not determine that 100 percent or more of the number of signatures of registered voters needed to constitute 10 percent of the number of voters who voted at the last preceding general election in that county are valid until he has removed each name as requested pursuant to NRS 295.055 or 306.015.

3. Within 12 days, excluding Saturdays, Sundays and holidays, after receipt of such an order, the clerk shall determine from the records of registration what number of registered voters have signed the petition. If necessary, the board of county commissioners shall allow the county clerk additional assistants for examining the signatures and provide for their compensation. In determining from the records of registration what number of registered voters have signed the petition, the clerk may use any file or list of registered voters maintained by his office or facsimiles of voters’ signatures. The county clerk may rely on the appearance of the signature and the address and date included with each signature in determining the number of registered voters that signed the petition.

4. Except as otherwise provided in subsection 5, upon completing the examination, the county clerk shall immediately attach to the documents of the petition an amended certificate properly dated, showing the result of the examination and shall immediately forward the documents with the amended certificate to the secretary of state. A copy of the amended certificate must be filed in the county clerk’s office.

5. For any petition containing signatures which are required to be verified pursuant to the provisions of NRS 293.165, 293.200, 306.035 or 306.110 for any county, district or municipal office within one county, the county clerk shall not forward to the secretary of state the documents containing the signatures of the registered voters.

6. Except for a petition to recall a county, district or municipal officer, the petition shall be deemed filed with the secretary of state as of the date on which he receives certificates from the county clerks showing the petition to be signed by the requisite number of voters of the state.

7. If the amended certificates received from all county clerks by the secretary of state establish that the petition is still insufficient, he shall immediately so notify the petitioners and the county clerks. If the petition is a petition to recall a county, district or municipal officer, the secretary of state shall also notify the officer with whom the petition is to be filed.

Sec. 4. NRS 293.12795 is hereby amended to read as follows:

293.12795 1. If an appeal is based upon the results of the verification of signatures on a petition performed pursuant to NRS 293.1277 or 293.1279, the secretary of state shall:

(a) If he finds for the appellant, order the county clerk to recertify the petition, including as verified signatures all contested signatures which the secretary of state determines are valid. If the county clerk has not yet removed each name as requested pursuant to NRS 295.055 or 306.015, the county clerk shall do so before recertifying the petition.

(b) If he does not find for the appellant, notify the appellant and the county clerk that the petition remains insufficient.

2. If the secretary of state is unable to make a decision on the appeal based upon the documents submitted to him, the secretary of state may order the county clerk to reverify the signatures.

3. The decision of the secretary of state is a final decision for the purposes of judicial review. The decision of the secretary of state may only be appealed in the first judicial district court.

Sec. 5. NRS 295.055 is hereby amended to read as follows:

295.055 1. The secretary of state shall by regulation specify:

(a) The format for the signatures on a petition for an initiative or referendum and make free specimens of the format available upon request. Each signature must be dated.

(b) The manner of fastening together several sheets circulated by one person to constitute a single document.

2. Each document of the petition must bear the name of a county, and only registered voters of that county may sign the document.

3. A person who signs a petition may request that the county clerk remove his name from it by transmitting his request in writing to the county clerk at any time before the petition is filed with the county clerk.”.

Amend sec. 3, page 3, line 45, by deleting “shall [reject]” and inserting “[shall reject]”.

Amend sec. 3, page 3, line 46, by deleting “Consult” and inserting “May consult”.

Amend sec. 3, page 4, line 1, by deleting:

“Based on such consultation,” and inserting “Shall”.

Amend sec. 5, page 6, line 33, by deleting “shall [reject]” and inserting “[shall reject]”.

Amend sec. 5, page 6, line 34, by deleting “Consult” and inserting “May consult”.

Amend sec. 5, page 6, line 37, by deleting:

“Based on such consultation,” and inserting “Shall”.

Amend the bill as a whole by deleting sec. 6, renumbering sec. 7 as sec. 12 and adding new sections designated sections 10 and 11, following sec. 5, to read as follows:

“Sec. 10. NRS 306.015 is hereby amended to read as follows:

306.015 1. Before a petition to recall a public officer is circulated, the persons proposing to circulate the petition must file a notice of intent with the filing officer.

2. The notice of intent:

(a) Must be signed by three registered voters who actually voted in this state or in the county, district or municipality electing the officer at the last preceding general election.

(b) Must be signed before a person authorized by law to administer oaths that the statements and signatures contained in the notice are true.

3. The petition may consist of more than one document. The persons filing the notice of intent shall submit the petition that was circulated for signatures to the filing officer within 60 days after the date on which the notice of intent was filed. The filing officer shall immediately submit the petition to the county clerk for verification pursuant to NRS 306.035. Any person who fails to file the petition as required by this subsection is guilty of a misdemeanor. Copies of the petition are not valid for any subsequent petition.

4. The county clerk shall, upon completing the verification of the signatures on the petition, file the petition with the filing officer.

5. Any person who signs a petition to recall any public officer may request that the county clerk remove his name from the petition by submitting a request in writing to the county clerk at any time before the petition is submitted for the verification of the signatures thereon pursuant to NRS 306.035.

6. A person who signs a notice of intent pursuant to subsection 1 or a petition to recall a public officer is immune from civil liability for conduct related to the exercise of his right to participate in the recall of a public officer.

7. As used in this section, “filing officer” means the officer with whom the public officer to be recalled filed his declaration of candidacy or acceptance of candidacy pursuant to NRS 293.185, 293C.145 or 293C.175.

Sec. 11. NRS 306.040 is hereby amended to read as follows:

306.040 1. Upon determining that the number of signatures on a petition to recall is sufficient pursuant to NRS 293.1276 to 293.1279, inclusive, the secretary of state shall notify the county clerk, the officer with whom the petition is to be filed pursuant to subsection 4 of NRS 306.015 and the public officer who is the subject of the petition.

2. After the verification of signatures is complete, but not later than the date a complaint is filed pursuant to subsection 5 or the date the call for a special election is issued, whichever is earlier, a person who signs a petition to recall may request the secretary of state to strike his name from the petition. If the person demonstrates good cause therefor [,] and the number of such requests received by the secretary of state could affect the sufficiency of the petition, the secretary of state shall strike [his] the name of the person from the petition.

3. Not sooner than 10 days nor more than 20 days after the secretary of state completes the notification required by subsection 1, if a complaint is not filed pursuant to subsection 5, the officer with whom the petition is filed shall issue a call for a special election in the jurisdiction in which the public officer who is the subject of the petition was elected to determine whether the people will recall him.

4. The call for a special election pursuant to subsection 3 or 6 must include, without limitation:

(a) The last day on which a person may register to vote to qualify to vote in the special election; and

(b) The last day on which a petition to nominate other candidates for the office may be filed.

5. The legal sufficiency of the petition may be challenged by filing a complaint in district court not later than 5 days, Saturdays, Sundays and holidays excluded, after the secretary of state completes the notification required by subsection 1. All affidavits and documents in support of the challenge must be filed with the complaint. The court shall set the matter for hearing not later than 30 days after the complaint is filed and shall give priority to such a complaint over all other matters pending with the court, except for criminal proceedings.

6. Upon the conclusion of the hearing, if the court determines that the petition is sufficient, it shall order the officer with whom the petition is filed to issue a call for a special election in the jurisdiction in which the public officer who is the subject of the petition was elected to determine whether the people will recall him. If the court determines that the petition is not sufficient, it shall order the officer with whom the petition is filed to cease any further proceedings regarding the petition.”.

Amend the title of the bill by deleting the fifth through ninth lines and inserting: “the appointment and duties of such committees; authorizing the county clerk and city clerk to consult with certain persons before determining whether to reject certain statements in arguments and rebuttals prepared by such committees; providing that signatures must be removed from certain petitions, upon request, only if the removal of such signatures could affect the sufficiency of the petitions; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Revises provisions relating to ballot questions and petitions. (BDR 24-598)”.

Assemblywoman Giunchigliani moved the adoption of the amendment.

Remarks by Assemblywoman Giunchigliani.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 315.

Bill read second time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 234.

Amend the bill as a whole by deleting sections 1 through 4 and renumbering sections 5 and 6 as sections 1 and 2.

Amend sec. 5, page 5, by deleting line 12 and inserting:

“NRS 484.3795, a person who violates the”.

Amend sec. 5, page 5, line 17, after “in” by inserting:

“subparagraph (4) or”.

Amend sec. 5, page 5, by deleting lines 26 and 27 and inserting:

“identifies him as having violated the provisions of NRS 484.379; [and]

(3) Fine him not less than $400 nor more than $1,000 [.] ; and

(4) If he is found to have a concentration of alcohol of 0.18 or more in his blood or breath, order him to attend a program of treatment for the abuse of alcohol or drugs pursuant to the provisions of NRS 484.37945.”.

Amend sec. 5, page 5, by deleting line 41 and inserting:

“(4) May order”.

Amend sec. 5, page 5, line 46, by deleting “paragraph” and inserting “[paragraph] subsection”.

Amend sec. 5, page 6, line 41, by deleting:

“or subparagraph (4) of paragraph (b)” and inserting: “[or (b)]”.

Amend sec. 5, page 7, by deleting lines 7 and 8 and inserting:

“8. As used in this section, unless the context otherwise requires [, “offense”] :

(a) “Concentration of alcohol of 0.18 or more in his blood or breath” means 0.18 gram or more of alcohol per 100 milliliters of the blood of a person or per 210 liters of his breath.

(b) “Offense” means:”.

Amend sec. 5, page 7, line 9, by deleting “(a)” and inserting “[(a)] (1)”.

Amend sec. 5, page 7, line 10, by deleting “(b)” and inserting “[(b)] (2)”.

Amend sec. 5, page 7, line 14, by deleting “(c)” and inserting “[(c)] (3)”.

Amend sec. 6, page 7, by deleting line 19 and inserting:

“person who is found to have a concentration of alcohol of 0.18 or more in his blood or breath, may, at”.

Amend the bill as a whole by deleting sec. 7 and renumbering sec. 8 as sec. 3.

Amend sec. 8, page 10, by deleting lines 16 and 17 and inserting: “paragraph (a) or (b) of subsection 1 of NRS 484.3792, the court shall place the offender”.

Amend sec. 8, page 10, by deleting lines 44 through 46 and inserting:
“program of treatment ordered pursuant to paragraph (a) or (b) of subsection 1 of NRS 484.3792.”.

Amend the bill as a whole by deleting sec. 9 and renumbering sec. 10 as sec. 4.

Amend the title of the bill by deleting the first and second lines and inserting:

“AN ACT relating to traffic laws; requiring an offender convicted of a first offense of driving under the influence of intoxicating liquor or a controlled substance to attend a program of treatment for the abuse of alcohol or drugs when the concentration of”.

Amend the summary of the bill to read as follows:

“SUMMARY―Requires offender convicted of first offense of driving under influence of intoxicating liquor or controlled substance to attend program of treatment when concentration of alcohol in blood or breath of offender is 0.18 or more. (BDR 43‑587)”.

Assemblyman Anderson moved the adoption of the amendment.

Remarks by Assemblyman Anderson.

Amendment adopted.

Assemblyman Anderson moved that upon return from the printer Assembly Bill No. 315 be re-referred to the Committee on Ways and Means.

Bill ordered reprinted, engrossed and to the Committee on Ways and Means.

Assembly Bill No. 335.

Bill read second time.

The following amendment was proposed by the Committee on Commerce and Labor:

Amendment No. 178.

Amend section 1, pages 1 and 2, by deleting lines 14 through 17 on page 1 and lines 1 and 2 on page 2, and inserting: “shall, after notice and opportunity for a hearing:

(a) Impose upon the person an administrative fine of $10,000; or

(b) Enter into a written consent agreement with the person pursuant to which the person agrees to cease and desist from all unlicensed activity in this state relating to the collection of debts, and impose upon the person an administrative fine of not less than $5,000 and not more than $10,000.

The imposition of an administrative fine pursuant to this subsection is a final decision for the purposes of judicial review.

4. The commissioner shall bring suit in the name and on behalf of the State of Nevada against a person upon whom an administrative fine is imposed pursuant to subsection 3 to recover the amount of the administrative fine:

(a) If no petition for judicial review is filed pursuant to NRS 233B.130 and the fine remains unpaid for more than 90 days after notice of the imposition of the fine; or

(b) If a petition for judicial review is filed pursuant to NRS 233B.130 and the fine remains unpaid for more than 90 days after exhaustion of any right of appeal in the courts of this state resulting in a final determination that upholds the imposition of the fine.”.

Assemblyman Dini moved the adoption of the amendment.

Remarks by Assemblyman Dini.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 383.

Bill read second time.

The following amendment was proposed by the Committee on Transportation:

Amendment No. 139.

Amend section 1, page 1, line 3, by deleting “subsection 2,” and inserting:

“subsections 2 and 4,”.

Amend section 1, page 1, by deleting lines 12 through 17 and inserting:

“(a) Upon the bed of a flatbed truck; or

(b) Within the bed of a pickup truck.

2. A driver may permit a person to ride upon the bed of a flatbed truck or within the bed of a pickup truck if the person is:”.

Amend section 1, page 2, by deleting lines 12 through 18 and inserting:

“4. The provisions of subsection 1 do not apply to the portion of the bed of a truck that is covered by a camper shell or slide-in camper.”.

Amend the title of the bill by deleting the second and third lines and inserting: “person to ride upon the bed of a flatbed truck or within the bed of a pickup truck under certain circumstances; providing a”.

Assemblywoman Chowning moved the adoption of the amendment.

Remarks by Assemblywoman Chowning.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 417.

Bill read second time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 211.

Amend section 1, page 1, by deleting lines 2 through 6 and inserting:

“48.061 1. Evidence of domestic violence [as defined in NRS 33.018] and expert testimony concerning the effect of domestic violence , including, without limitation, the effect of physical, emotional or mental abuse, on the beliefs, behavior and perception of the person alleging the domestic violence that is offered by the prosecution or defense is admissible in [chief and in rebuttal] a criminal proceeding when determining:”.

Amend section 1, page 1, by deleting lines 12 through 18.

Amend section 1, page 1, line 19, by deleting “3.” and inserting “2.”.

Amend sec. 2, page 2, line 2, by deleting “2001.” and inserting “2002.”.

Amend the bill as a whole by adding a new section designated sec. 3, following sec. 2, to read as follows:

“Sec. 3. This act becomes effective on October 1, 2002.”.

Amend the title of the bill by deleting the second line and inserting: “concerning the effects of domestic violence and evidence of domestic violence are admissible in a criminal”.

Amend the summary of the bill to read as follows:

“SUMMARY—Revises provisions concerning admissibility of evidence in certain cases involving domestic violence. (BDR 4‑1175)”.

Assemblyman Anderson moved the adoption of the amendment.

Remarks by Assemblyman Anderson.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 427.

Bill read second time.

The following amendment was proposed by the Committee on Government Affairs:

Amendment No. 155.

Amend section 1, page 1, line 3, by deleting “performance”.

Amend sec. 2, page 2, by deleting lines 19 through 21 and inserting: “proposals is advertised. The weight of each factor must not”.

Amend sec. 2, page 2, by deleting line 25 and inserting:

“based on the best interests of the state , as determined by the total scores assigned pursuant to subsection 3, and is not required to accept the”.

Assemblyman Bache moved the adoption of the amendment.

Remarks by Assemblyman Bache.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 435.

Bill read second time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 212.

Amend section 1, page 1, line 6, by deleting “made” and inserting “presented”.

Amend section 1, page 1, line 9, by deleting “made” and inserting “presented”.

Amend section 1, page 1, line 12, by deleting “made” and inserting “presented”.

Assemblyman Anderson moved the adoption of the amendment.

Remarks by Assemblyman Anderson.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 475.

Bill read second time.

The following amendment was proposed by the Committee on Government Affairs:

Amendment No. 164.

Amend section 1, page 1, line 5, by deleting “state.” and inserting: “state who work an average of more than 20 hours per week.”.

Amend section 1, page 2, between lines 13 and 14, by inserting:

“8. As used in this section, “employee” means a person in the classified or unclassified service of the state who works an average of more than 20 hours per week.”.

Amend the title of the bill, third line, before “persons” by inserting “certain”.

Amend the summary of the bill to read as follows:

“SUMMARY—Establishes account for payment of certain benefits to certain state employees. (BDR 23-1202)”.

Assemblyman Bache moved the adoption of the amendment.

Remarks by Assemblyman Bache.

Amendment adopted.

Bill ordered reprinted, engrossed and to Concurrent Committee on Ways and Means.

Assembly Bill No. 646.

Bill read second time and ordered to third reading.

Assembly Bill No. 556.

Bill read second time.

The following amendment was proposed by the Committee on Government Affairs:

Amendment No. 235.

Amend the bill as a whole by deleting sec. 7 and adding:

“Sec. 7. (Deleted by amendment.)”.

Amend the title of the bill by deleting the sixth and seventh lines and inserting “requiring certain”.

Amend the summary of the bill to read as follows:

“SUMMARY¾Revises certain provisions governing authority of state board of examiners and requirements for certain agreements for interlocal cooperation between public agencies. (BDR 31‑565)”.

Assemblyman Bache moved the adoption of the amendment.

Remarks by Assemblyman Bache.

Amendment adopted.

Bill ordered reprinted, engrossed and to the Concurrent Committee on Ways and Means.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblywoman Giunchigliani moved that Assembly Bill No. 44 be taken from its position on the General File and placed at the top of the General File.

Remarks by Assemblywoman Giunchigliani.

Motion carried.

general file and third reading

Assembly Bill No. 44.

Bill read third time.

The following amendment was proposed by Assemblywoman Giunchigliani:

Amendment No. 255.

Amend the bill as a whole by deleting sec. 4 and adding:

“Sec. 4. (Deleted by amendment.)”.

Amend sec. 9, page 6, line 20, by deleting “1” and inserting “5”.

Amend sec. 9, page 6, line 26, by deleting “1” and inserting “5”.

Amend sec. 9, page 6, line 29, by deleting:

“2 to 8, inclusive,” and inserting:

“1 to 4, inclusive, and 6, 7 and 8”.

Assemblywoman Giunchigliani moved the adoption of the amendment.

Remarks by Assemblywoman Giunchigliani.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

Assembly Bill No. 28.

Bill read third time.

Remarks by Assemblymen de Braga, Chowning, Parks, Carpenter and Lee.

Potential conflict of interest declared by Assemblymen Chowning, Parks, Carpenter and Lee.

Roll call on Assembly Bill No. 28:

Yeas—42.

Nays—None.

Assembly Bill No. 28 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Assembly Bill No. 34.

Bill read third time.

Remarks by Assemblyman Berman.

Roll call on Assembly Bill No. 34:

Yeas—42.

Nays—None.

Assembly Bill No. 34 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Assembly Bill No. 55.

Bill read third time.

Remarks by Assemblymen Brower and Dini.

Roll call on Assembly Bill No. 55:

Yeas—42.

Nays—None.

Assembly Bill No. 55 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Assembly Bill No. 162.

Bill read third time.

Remarks by Assemblymen Brown and Chowning.

Roll call on Assembly Bill No. 162:

Yeas—42.

Nays—None.

Assembly Bill No. 162 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Assembly Bill No. 201.

Bill read third time.

Remarks by Assemblyman Smith.

Roll call on Assembly Bill No. 201:

Yeas—42.

Nays—None.

Assembly Bill No. 201 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Assembly Bill No. 229.

Bill read third time.

Remarks by Assemblymen Bache, Chowning and Beers.

Roll call on Assembly Bill No. 229:

Yeas—42.

Nays—None.

Assembly Bill No. 229 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Assembly Bill No. 361.

Bill read third time.

Remarks by Assemblymen Marvel and de Braga.

Potential conflict of interest declared by Assemblywoman de Braga.

Roll call on Assembly Bill No. 361:

Yeas—42.

Nays—None.

Assembly Bill No. 361 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Assembly Bill No. 377.

Bill read third time.

Remarks by Assemblyman Parnell.

Roll call on Assembly Bill No. 377:

Yeas—42.

Nays—None.

Assembly Bill No. 377 having received a constitutional majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

Assembly Bill No. 538.

Bill read third time.

Remarks by Assemblyman Lee.

Roll call on Assembly Bill No. 538:

Yeas—42.

Nays—None.

Assembly Bill No. 538 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Assembly Bill No. 659.

Bill read third time.

Remarks by Assemblymen Williams and Giunchigliani.

Roll call on Assembly Bill No. 659:

Yeas—42.

Nays—None.

Assembly Bill No. 659 having received a constitutional majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

Assembly Bill No. 152.

Bill read third time.

Remarks by Assemblymen Dini and Tiffany.

Roll call on Assembly Bill No. 152:

Yeas—42.

Nays—None.

Assembly Bill No. 152 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblywoman Buckley moved that Douglas Truhill and Thomas Hunter be accepted as accredited press representatives, that they be assigned space at the press table in the Assembly chambers and that they be allowed use of appropriate broadcasting facilities.

Motion carried.

REPORTS OF COMMITTEES

Mr. Speaker:

Your Committee on Ways and Means, to which were referred Assembly Bills Nos. 236, 607, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Your Committee on Ways and Means, to which was re-referred Assembly Bill No. 197, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass, as amended.

Morse Arberry Jr., Chairman

MOTIONS, RESOLUTIONS AND NOTICES

Assemblymen Anderson, Leslie, Giunchigliani, Williams, Parnell, Angle, Arberry, Bache, Beers, Berman, Buckley, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Dini, Freeman, Gibbons, Goldwater, Gustavson, Hettrick, Humke, Koivisto, Lee, Manendo, Marvel, McClain, Mortenson, Neighbors, Oceguera, Ohrenschall, Parks, Perkins, Price, Smith and Tiffany; Senator Neal:

Assembly Concurrent Resolution No. 21—Directing the Legislative Commission to conduct an interim study of issues regarding the death penalty and related DNA testing.

Assemblyman Anderson moved that the resolution be referred to the Committee on Elections, Procedures, and Ethics.

Motion carried.

GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR

On request of Assemblywoman Angle, the privilege of the floor of the Assembly Chamber for this day was extended to Wayne Irwin.

On request of Assemblyman Beers, the privilege of the floor of the Assembly Chamber for this day was extended to Art Brothers and Chuck McCown.

On request of Assemblyman Brown, the privilege of the floor of the Assembly Chamber for this day was extended to Jim Amburn and Lue Ann Amburn.

On request of Assemblywoman Buckley, the privilege of the floor of the Assembly Chamber for this day was extended to Marsha Lindsey.

On request of Assemblyman de Braga, the privilege of the floor of the Assembly Chamber for this day was extended to Victor Slaughter and Don Mello.

On request of Assemblyman Dini, the privilege of the floor of the Assembly Chamber for this day was extended to Dawn Van Sickle, Dianne Laird, Gloria Kunz, Stacie Paterson, Phyllis Priester, Kim Menesini, Dru Service, Selena Richardson, Marissa Arceo, John Bidlake Prichard, Meghann Brower, Teryn Cortez, Russell Fay, Richard Fozard, Salvador Gamez, Kyla Grigg, Devanie Hampton, Georgina Henderson, Francisco Hernandez, Alexa Jackson, Steven Kunz, Elise Laird, Cory Lindberg, Kristopher Marshall, Whitney McGill, Luis Melgarejo, Thomas Paterson, Benjamin Raatz, Cody Richardson, Sarah Sikora, Ryan Stewart, Scott Thornton, Rebecca Van Sickle, Brandon Weiner, Phillip Wilcox, Louis Barr, John Beeler, Blanca Cardenas, Darren Crickon, Yvonne Dorado, Michael Echo, Josef Favia, Trace Feemster, Danelle Freitas, Tasha Gaskill, Jacob Jackson, Dezaray Kirk, Michael Loewe, Kassandra Miller, Rebecca Nolan, Donald Parker, Vincent Piazza, Ashley Priester, Anthony Randone/Onstott, Ryan Ransdell, Zachary Rispin, Travis Rosenberry, Vadim Skrynnik, Andrew Thomas, Bryon Trigueros, Kyle Walker, Kierstyn Wutch, Lacey Baratti, Sierra Barnwell, Brianne Barras, Justin Benitez, Kevin Brown, Jr., Justin Byars, Jessica Davidson, Brittany Davis, Christopher Dessaussios, Nickolas Fisher, Zachary Fitchett, Trisha Fitzgerald, Jessica Greer, Samantha Harris, Evan McCoy, Kaylee McDermott, Thomas Milani, Curtis Newbury, Amber Patterson, Paul Pishnak, Gabriel Ramirez, Andrew Redwine, Shane Richardson, Evan Sanborn, Jiri Stach II, Roslyn Timmerman, Cody Tsuchimoto and James Greene.

On request of Assemblyman Hettrick, the privilege of the floor of the Assembly Chamber for this day was extended to Kurt Rasmussen.

On request of Assemblyman Marvel, the privilege of the floor of the Assembly Chamber for this day was extended to Joe Chicoine.

On request of Assemblyman Neighbors, the privilege of the floor of the Assembly Chamber for this day was extended to John Christian III.

On request of Assemblyman Oceguera, the privilege of the floor of the Assembly Chamber for this day was extended to Joe Johnson.

On request of Assemblywoman Parnell, the privilege of the floor of the Assembly Chamber for this day was extended to Cathy Atchian and Rick Corelli.

On request of Assemblyman Perkins, the privilege of the floor of the Assembly Chamber for this day was extended to Ian Massy, Sean Sablam, Paul Roland, Karen Reisman and Ira Allan.

On request of Assemblywoman Von Tobel, the privilege of the floor of the Assembly Chamber for this day was extended to Calvert Lyon.

Assemblywoman Buckley moved that the Assembly adjourn until Friday, April 13, 2001 at 11:00 a.m.

Motion carried.

Assembly adjourned at 12:41 p.m.

Approved: Richard D. Perkins

Speaker of the Assembly

Attest: Jacqueline Sneddon