THE ONE HUNDRED AND NINETEENTH DAY

                               

 

 

Carson City (Sunday), June 3, 2001

    Assembly called to order at 11:14 a.m.

    Mr. Speaker presiding.

    Roll called.

    All present except Assemblymen Freeman and Humke, who were excused.

    Prayer by the Chaplain, Pastor Monte Fast.

    Yesterday would have been the 200^th birthday of a man who had a great influence upon the history and development of our State. Through his energies several cities were settled. The small community of Genoa is one, but he also helped  found the city of Las Vegas. And so, today, we give thanks for the vision and foresight of Brigham Young.

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.

MESSAGES FROM THE Senate

Senate Chamber, Carson City, June 2, 2001

To the Honorable the Assembly:

    I have the honor to inform your honorable body that the Senate on this day passed Assembly Bills Nos. 508, 521, 567, 596; Assembly Joint Resolution No. 10.

    Also, I have the honor to inform your honorable body that the Senate amended, and on this day passed, as amended, Assembly Bill No. 612, Amendment No. 1202; Assembly Joint Resolution No. 9, Amendment No. 1192, and respectfully requests your honorable body to concur in said amendments.

    Also, I have the honor to inform your honorable body that the Senate on this day adopted Assembly Concurrent Resolution No. 38.

    Also, I have the honor to inform your honorable body that the Senate on this day respectfully refused to recede from its action on Assembly Bill No. 219, Senate Amendment No. 1001, and requests a conference, and appointed Senators James, O'Donnell and Shaffer as a first Conference Committee to meet with a like committee of the Assembly.

    Also, I have the honor to inform your honorable body that the Senate on this day adopted the report of the first Conference Committee concerning Assembly Bill No. 48.

    Also, I have the honor to inform your honorable body that the Senate on this day adopted the report of the first Conference Committee concerning Assembly Bill No. 555.

    Also, I have the honor to inform your honorable body that the Senate on this day adopted the report of the first Conference Committee concerning Assembly Bill No. 620.

    Also, I have the honor to inform your honorable body that the Senate on this day adopted the report of the first Conference Committee concerning Assembly Bill No. 660.

    Also, I have the honor to inform your honorable body that the Senate on this day adopted the report of the first Conference Committee concerning Assembly Bill No. 195 and appointed Senators Washington, Wiener and Mathews as a second Conference Committee to meet with a like committee of the Assembly for further consideration of Assembly Bill No. 195.

    Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bills Nos. 292, 391, 583.

    Also, I have the honor to inform your honorable body that the Senate amended, and on this day passed, as amended, Senate Bill No. 372, Amendments Nos. 618, 1210 which was returned from the Governor in accordance with Senate Concurrent Resolution No. 53.

    Also, I have the honor to inform your honorable body that the Senate on this day concurred in the Assembly Amendment No. 1169 to Senate Bill No. 208; Assembly Amendment No. 976 to Senate Bill No. 500; Assembly Amendment Nos. 823, 991, 1168 to Senate Bill No. 531; Assembly Amendment No. 1170 to Senate Bill No. 574.

    Also, I have the honor to inform your honorable body that the Senate on this day adopted the report of the first Conference Committee concerning Senate Bill No. 116.

    Also, I have the honor to inform your honorable body that the Senate on this day adopted the report of the first Conference Committee concerning Senate Bill No. 418.

    Also, I have the honor to inform your honorable body that the Senate on this day appointed Senators Care, O'Donnell and Porter as a first Conference Committee concerning Senate Bill No. 202.

    Also, I have the honor to inform your honorable body that the Senate on this day appointed Senators O'Connell, Townsend and Shaffer as a first Conference Committee concerning Senate Bill No. 320.

    Also, I have the honor to inform your honorable body that the Senate on this day appointed Senators O'Donnell, Neal and Porter as a first Conference Committee concerning Senate Bill No. 489.

                                                                                    Mary Jo Mongelli

                                                                             Assistant Secretary of the Senate

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblyman Bache moved that the vote whereby Senate Bill No. 372 was passed be rescinded.

    Remarks by Assemblyman Bache.

    Motion carried.

INTRODUCTION, FIRST READING AND REFERENCE

    By the Committee on Ways and Means:

    Assembly Bill No. 671—AN ACT relating to education; making appropriations to the state distributive school account for purposes relating to class-size reduction; and providing other matters properly relating thereto.

    Assemblywoman Buckley moved that the bill be referred to the Committee on Ways and Means.

    Motion carried.

    By the Committee on Ways and Means:

    Assembly Bill No. 672—AN ACT relating to making appropriations from the state general fund and the state highway fund for the support of the civil government of the State of Nevada for the fiscal years beginning July 1, 2001, and ending June 30, 2002, and beginning July 1, 2002, and ending June 30, 2003; providing for the use of the money so appropriated; and providing other matters properly relating thereto.

    Assemblywoman Buckley moved that the bill be referred to the Committee on Ways and Means.

    Motion carried.

    Senate Bill No. 292.

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

    Motion carried.

    Senate Bill No. 391.

    Assemblywoman Buckley moved that the bill be referred to the Concurrent Committees on Education and Ways and Means.

    Motion carried.

    Senate Bill No. 583.

    Assemblywoman Buckley moved that the bill be referred to the Committee on Ways and Means.

    Motion carried.

REPORTS OF COMMITTEES

Mr. Speaker:

    Your Committee on Ways and Means, to which was referred Assembly Bill No. 615, 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 Ways and Means, to which was referred Assembly Bill No. 669, 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 Ways and Means, to which was re-referred Senate Bill No. 306, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Morse Arberry Jr., Chairman

SECOND READING AND AMENDMENT

    Assembly Bill No. 615.

    Bill read second time.

    The following amendment was proposed by the Committee on Ways and Means:

    Amendment No. 1201.

    Amend sec. 2, page 1, line 13, by deleting “subsection 1:” and inserting

“section 1 of this act:”.

    Amend sec. 2, page 1, line 15, after “Resources” by inserting

“to protect and preserve the property or natural resources of this state or to obtain the benefits thereof”.

    Amend sec. 2, page 1, by deleting line 17 and inserting:

    “(a) For the acquisition of real or personal”.

    Amend sec. 2, page 1, line 19, by deleting “recreation.” and inserting “recreation; or”.

    Amend sec. 2, page 2, by deleting line 1 and inserting:

    “(b) To support extraordinary capital”.

    Amend sec. 2, page 2, by deleting line 6 and inserting:

    “(a) For the acquisition of real or personal”.

    Amend sec. 2, page 2, line 9, by deleting “both.” and inserting “both; or”.

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

    “(b) For the development and renovation of”.

    Amend sec. 2, page 2, by deleting lines 12 through 21 and inserting:

    “3.  An amount of $25,000,000 must be allocated to the Las Vegas Springs Preserve in Clark County for the following purposes:

    (a) Planning, development and design of the preserve;

    (b) Providing wildlife habitat;

    (c) Constructing buildings and other facilities for the preserve; or

    (d) Providing other infrastructure for the preserve.

The Las Vegas Springs Preserve shall match the allocation made pursuant to this subsection with an amount of money or value of services, material or equipment that is equal to 50 percent of the cost of each project that is completed pursuant to this subsection.

    4.  An amount of $10,000,000 must be allocated to Clark County to develop a county regional wetlands”.

    Amend sec. 2, page 2, line 24, by deleting “(1)” and inserting “(a)”.

    Amend sec. 2, page 2, line 26, by deleting “(2)” and inserting “(b)”.

    Amend sec. 2, page 2, line 27, by deleting “(3)” and inserting “(c)”.

    Amend sec. 2, page 2, by deleting line 28 and inserting:

    “(d) Provide parking for and access to the park.

Clark County shall match the allocation made pursuant to this subsection with an amount of money or value of services, material or equipment that is equal to 50 percent of the cost of each project that is completed pursuant to this subsection.”.

    Amend sec. 2, page 2, line 29, by deleting “4.” and inserting “5.”.

    Amend sec. 2, page 2, line 36, by deleting “and” and inserting “or”.

    Amend sec. 2, page 2, by deleting lines 38 through 45 and inserting:

    “6.  An amount of $10,000,000 must be allocated to Washoe County to enhance and restore the Truckee River corridor. The money allocated pursuant to this subsection must be used to:

    (a) Acquire and develop land and water rights;

    (b) Provide recreational facilities;

    (c) Provide parking for and access to and along the river; or

    (d) Restore the Truckee River corridor.

Washoe County shall match the allocation made pursuant to this subsection with an amount of money or value of services, material or equipment that is equal to 50 percent of the cost of each project that is completed pursuant to this subsection.

    7.  An amount of $65,500,000 must be allocated to the State”.

    Amend sec. 2, page 3, line 2, by deleting “$15,000,000” and inserting “$7,250,000”.

    Amend sec. 2, page 3, line 3, by deleting “organizations,” and inserting:

“organizations that qualify for grants pursuant to the regulations adopted by the Administrator of the Division of State Lands pursuant to this subsection,”.

    Amend sec. 2, page 3, by deleting lines 5 and 6 and inserting:

“equestrian and bicycle trails. The award of grants pursuant to this subparagraph must be coordinated”.

    Amend sec. 2, page 3, line 8, by deleting “$10,000,000” and inserting “$5,000,000”.

    Amend sec. 2, page 3, line 9, by deleting “organizations,” and inserting:

“organizations that qualify for grants pursuant to the regulations adopted by the Administrator of the Division of State Lands pursuant to this subsection,”.

    Amend sec. 2, page 3, by deleting line 12 and inserting:

“this subparagraph must be for the protection and preservation of the property and natural resources of this state, or for the purposes of obtaining the benefits thereof. The award of grants pursuant to this subparagraph must be coordinated with the Division of”.

    Amend sec. 2, page 3, lines 14 and 15, by deleting:

“counties or municipalities,” and inserting:

“counties whose population is less than 100,000 or municipalities located within those counties,”.

    Amend sec. 2, page 3, by deleting lines 16 and 17 and inserting:

“plans. The making of grants pursuant to this subparagraph must be coordinated with the Division of”.

    Amend sec. 2, page 3, by deleting line 19 and inserting:

        “(4) An amount of $250,000 to counties whose population is less than 100,000 and municipalities located within those counties for the”.

    Amend sec. 2, page 3, line 21, by deleting “$25,000,000” and inserting “$20,000,000”.

    Amend sec. 2, page 3, by deleting line 22 and inserting:

“acquisition of land and water or interests in land and water to protect and enhance wildlife habitat, sensitive or unique vegetation, historic or cultural resources, riparian corridors, wetlands and other environmental resources pursuant to an”.

    Amend sec. 2, page 3, by deleting line 27 and inserting:

“amount of money or value of services, material or equipment that is equal to 50 percent of the cost of the acquisition.”.

    Amend sec. 2, page 3, line 30, after “money” by inserting:

“or value of services, material or equipment”.

    Amend sec. 2, page 3, by deleting lines 31 through 40 and inserting:

        “(6) An amount of $10,000,000 for grants to Churchill County, Douglas County, Lyon County or Carson City and municipalities located within those counties to enhance and restore the Carson River corridor. Grants made pursuant to this subparagraph must require that the county or municipality which receives the grant match the grant with an amount of money or value of services, material or equipment that is equal to 50 percent of the cost of the project for which the grant is awarded. Money awarded for grants pursuant to this subparagraph must be used to:

            (I) Acquire and develop land and water rights;

            (II) Provide recreational facilities;

            (III) Provide parking for and access to and along the river; or

            (IV) Restore the Carson River corridor.

        (7) An amount of $5,000,000 for grants to Douglas County, Washoe County or Carson City and municipalities located within those counties to enhance and develop the Lake Tahoe Path System. Grants made pursuant to this subparagraph must require that the county or municipality which receives the grant match the grant with an amount of money of value of services, material or equipment that is equal to 50 percent of the cost of the project for which the grant is awarded. Money awarded for grants pursuant to this subparagraph must be used to:

            (I) Acquire land for the path system; or

            (II) Develop the path system.

    (b) An amount of $15,000,000 to carry out contracts or agreements under which nonprofit conservation organizations may acquire land and water or interests in land and water for the public benefit, to protect and enhance wildlife habitat, sensitive or unique vegetation, historic or cultural resources, riparian corridors, floodplains and wetlands and other environmental resources. Any money provided by the Division of State Lands pursuant to this paragraph must be matched by an amount of money or value of services, material or equipment that is equal to 50 percent of the cost of the acquisition. The investment of this state in any property acquired pursuant to this paragraph must be secured by an interest in the property.”.

    Amend sec. 2, page 3, line 43, by deleting “subsection 6.” and inserting “this subsection.”.

    Amend sec. 3, page 4, by deleting lines 11 through 17 and inserting:

    “5.  The State Department of Conservation and Natural Resources may use the proceeds from the bonds issued pursuant to section 1 of this act and the interest income thereon to defray the costs of administering the provisions of this act and may request an appropriation to defray the costs of administering this act if the money in the fund is not sufficient. The money”.

    Amend sec. 3, page 4, by deleting lines 29 through 32 and inserting:

    “7.  Any property acquired pursuant to the provisions of this act may include easements and other interests in land. Before acquiring any interest in land pursuant to this act, recipients of money pursuant to this act must consider such alternatives to the acquisition of fee simple title as may be available, including, without limitation, the acquisition of easements and remainders after life estates.”.

    Amend sec. 3, page 4, between lines 42 and 43 by inserting:

    “10.  The Interim Finance Committee must approve the issuance of any bonds issued pursuant to this act if the proceeds of which will be used for the purposes set forth in paragraph (a) of subsection 7 of section 2 of this act.”.

    Amend sec. 4, page 4, line 44, by deleting “act:” and inserting:

“act, except the use of the proceeds of those bond pursuant to subsections 3 and 5 of section 2 of this act and subparagraph (5) of paragraph (a) of subsection 7 of section 2 of this act and paragraph (b) of subsection 7 of section 2 of this act:”.

    Amend the bill as a whole by renumbering sec. 6 as sec. 7 and adding a new section designated sec. 6, following sec. 5, to read as follows:

    “Sec. 6.  Notwithstanding the provisions of NRS 361.453 to the contrary, any levy imposed by the legislature for the repayment of bonded indebtedness issued pursuant to the provisions of this act must not be included in calculating the limitation set forth in subsection 1 of NRS 361.453 on the total ad valorem tax levied for all public purposes.”.

    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. 669.

    Bill read second time.

    The following amendment was proposed by the Committee on Ways and Means:

    Amendment No. 1194.

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

    “(a) Each retail liquor store:

        (1) Holds its nonrestricted license for the purposes set forth in subsection 2 of NRS 463.0177; and

        (2) Is in the marketing area of the wholesale dealer from which the original package of liquor was obtained by the initial retail liquor store;”.

    Amend section 1, page 2, line 11, after “(b)” by inserting:

““Liquor” does not include beer.

    (c) “Marketing area” has the meaning ascribed to it in NRS 597.136.

    (d)”.

    Amend the bill as a whole by deleting sec. 2 and renumbering sections 3 through 7 as sections 2 through 6.

    Amend sec. 5, page 2, lines 39 and 40, by deleting “this chapter.” and inserting:

“section 1 of this act.”.

    Amend sec. 6, page 3, by deleting lines 1 through 3 and inserting:

    “2.  Any person violating any provision of section 1 of this act is liable to the department”.

    Amend the bill as a whole by deleting sec. 8 and renumbering sections 9 and 10 as sections 7 and 8.

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

“providing for the enforcement of certain provisions of chapter 369 of NRS; providing a civil penalty; and providing other matters properly”.

    Assemblyman Arberry moved the adoption of the amendment.

    Remarks by Assemblyman Arberry.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblywoman Buckley moved that Senate Bill No. 306 be placed at the top of the General File.

    Motion carried.

general file and third reading

    Senate Bill No. 306.

    Bill read third time.

    The following amendment was proposed by the Committee on Ways and Means:

    Amendment No. 1213.

    Amend section 1, page 1, by deleting line 8 and inserting:

    “(b) Is in the unclassified service of the state.”.

    Amend sec. 6, page 7, by deleting lines 7 through 17 and inserting:

    “284.140  The unclassified service of the state consists of the following state officers or employees in the executive department of the state government who receive annual salaries for their service:

    1.  Members of boards and commissions, and heads of departments, agencies and institutions required by law to be appointed.

    2.  Except as otherwise provided in section 3 of Senate Bill No. 401 of this [act] session and NRS 223.085 and 223.570, all persons required by law to be”.

    Amend sec. 6, page 7, line 20, by deleting “5.” and inserting “3.”.

    Amend sec. 6, page 7, line 23, by deleting “6.” and inserting “4.”.

    Amend sec. 6, page 7, by deleting lines 33 through 41.

    Amend sec. 6, page 7, line 42, by deleting “11.” and inserting “5.”.

    Amend sec. 8, page 8, by deleting lines 31 through 33 and inserting:

    “289.550  1.  Except as otherwise provided in subsection 2, a person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive, must be certified by the commission within 1 year after the date on which the person commences employment as a peace officer unless the commission, for good cause shown, grants in writing an extension of time, which must not exceed 6 months, by which the person must become certified. A person who fails to become certified within the required time shall not exercise any of the powers of a peace officer after the time for becoming certified has expired.

    2.  The following persons are not required to be certified by the commission:”.

    Amend sec. 8, page 8, line 34, by deleting “1.” and inserting “(a)”.

    Amend sec. 8, page 8, line 35, by deleting “2.” and inserting “(b)”.

    Amend sec. 8, page 8, line 36, by deleting “3.” and inserting “(c)”.

    Amend sec. 8, page 8, line 37, by deleting “4.” and inserting “(d)”.

    Amend sec. 8, page 8, line 42, by deleting “5.” and inserting “(e)”.

    Amend sec. 8, page 8, line 43, by deleting “6.” and inserting “(f)”.

    Amend sec. 8, page 8, line 45, by deleting “7.” and inserting “(g)”.

    Amend sec. 8, page 8, line 46, by deleting “[7.] 8.” and inserting “[(g)] (h)”.

    Amend sec. 11, page 9, by deleting line 12 and inserting:

“explosion, civil disturbance, crisis involving violence on school property, at a school activity or on a school bus, or any other occurrence or threatened”.

    Amend sec. 19, page 13, line 40, by deleting “and”.

    Amend sec. 19, page 13, by deleting line 41 and inserting:

    “(b) Provide training to personnel related to emergency management; and

    (c) Carry out the provisions of sections 2 to 16, inclusive, of Senate Bill No. 289 of this [act.] session.”.

    Amend sec. 32, page 20, line 11, after “appropriation” by inserting “or authorization”.

    Amend the bill as a whole by renumbering sections 37 through 39 as sections 42 through 44 and adding new sections designated sections 37 through 41, following sec. 36, to read as follows:

    “Sec. 37. Section 3 of Assembly Bill No. 489 of this session is hereby amended to read as follows:

    Sec. 3.  NRS 179A.075 is hereby amended to read as follows:

    179A.075  1.  The central repository for Nevada records of criminal history is hereby created within the Nevada highway patrol division of the department.

    2.  Each agency of criminal justice and any other agency dealing with crime or delinquency of children shall:

    (a) Collect and maintain records, reports and compilations of statistical data required by the department; and

    (b) Submit the information collected to the central repository in the manner recommended by the advisory committee and approved by the director of the department.

    3.  Each agency of criminal justice shall submit the information relating to sexual offenses and other records of criminal history that it creates or issues, and any information in its possession relating to the genetic markers of [the blood and the secretor status of the saliva] a biological specimen of a person who is convicted of [sexual assault or any other sexual offense,] an offense listed in subsection 4 of NRS 176.0913, to the division in the manner prescribed by the director of the department. The information must be submitted to the division:

    (a) Through an electronic network;

    (b) On a medium of magnetic storage; or

    (c) In the manner prescribed by the director of the department,

within the period prescribed by the director of the department. If an agency has submitted a record regarding the arrest of a person who is later determined by the agency not to be the person who committed the particular crime, the agency shall, immediately upon making that determination, so notify the division. The division shall delete all references in the central repository relating to that particular arrest.

    4.  The division shall, in the manner prescribed by the director of the department:

    (a) Collect, maintain and arrange all information submitted to it relating to:

        (1) Sexual offenses and other records of criminal history; and

        (2) The genetic markers of [the blood and the secretor status of the saliva] a biological specimen of a person who is convicted of [sexual assault or any other sexual offense.] an offense listed in subsection 4 of NRS 176.0913.

    (b) When practicable, use a record of the personal identifying information of a subject as the basis for any records maintained regarding him.

    (c) Upon request, provide the information that is contained in the central repository to the state disaster identification team of the office of emergency management created pursuant to section 1 of Senate Bill No. 306 of this [act.] session.

    5.  The division may:

    (a) Disseminate any information which is contained in the central repository to any other agency of criminal justice;

    (b) Enter into cooperative agreements with federal and state repositories to facilitate exchanges of information that may be disseminated pursuant to paragraph (a); and

    (c) Request of and receive from the Federal Bureau of Investigation information on the background and personal history of any person whose record of fingerprints the central repository submits to the Federal Bureau of Investigation and:

        (1) Who has applied to any agency of the State of Nevada or any political subdivision thereof for a license which it has the power to grant or deny;

        (2) With whom any agency of the State of Nevada or any political subdivision thereof intends to enter into a relationship of employment or a contract for personal services;

        (3) About whom any agency of the State of Nevada or any political subdivision thereof has a legitimate need to have accurate personal information for the protection of the agency or the persons within its jurisdiction; or

        (4) For whom such information is required to be obtained pursuant to NRS 449.179.

    6.  The central repository shall:

    (a) Collect and maintain records, reports and compilations of statistical data submitted by any agency pursuant to subsection 2.

    (b) Tabulate and analyze all records, reports and compilations of statistical data received pursuant to this section.

    (c) Disseminate to federal agencies engaged in the collection of statistical data relating to crime information which is contained in the central repository.

    (d) Investigate the criminal history of any person who:

        (1) Has applied to the superintendent of public instruction for a license;

        (2) Has applied to a county school district for employment; or

        (3) Is employed by a county school district,

and notify the superintendent of each county school district and the superintendent of public instruction if the investigation of the central repository indicates that the person has been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude.

    (e) Upon discovery, notify the superintendent of each county school district by providing him with a list of all persons:

        (1) Investigated pursuant to paragraph (d); or

        (2) Employed by a county school district whose fingerprints were sent previously to the central repository for investigation,

who the central repository’s records indicate have been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude since the central repository’s initial investigation. The superintendent of each county school district shall determine whether further investigation or action by the district is appropriate.

    (f) Investigate the criminal history of each person who submits fingerprints or has his fingerprints submitted pursuant to NRS 449.176 or 449.179.

    (g) On or before July 1 of each year, prepare and present to the governor a printed annual report containing the statistical data relating to crime received during the preceding calendar year. Additional reports may be presented to the governor throughout the year regarding specific areas of crime if they are recommended by the advisory committee and approved by the director of the department.

    (h) On or before July 1 of each year, prepare and submit to the director of the legislative counsel bureau, for submission to the legislature, or the legislative commission when the legislature is not in regular session, a report containing statistical data about domestic violence in this state.

    (i) Identify and review the collection and processing of statistical data relating to criminal justice and the delinquency of children by any agency identified in subsection 2, and make recommendations for any necessary changes in the manner of collecting and processing statistical data by any such agency.

    7.  The central repository may:

    (a) At the recommendation of the advisory committee and in the manner prescribed by the director of the department, disseminate compilations of statistical data and publish statistical reports relating to crime or the delinquency of children.

    (b) Charge a reasonable fee for any publication or special report it distributes relating to data collected pursuant to this section. The central repository may not collect such a fee from an agency of criminal justice, any other agency dealing with crime or the delinquency of children which is required to submit information pursuant to subsection 2 or the state disaster identification team of the office of emergency management created pursuant to section 1 of Senate Bill No. 306 of this[act.] session. All money collected pursuant to this paragraph must be used to pay for the cost of operating the central repository.

    (c) In the manner prescribed by the director of the department, use electronic means to receive and disseminate information contained in the central repository that it is authorized to disseminate pursuant to the provisions of this chapter.

    8.  As used in this section:

    (a) “Advisory committee” means the committee established by the director of the department pursuant to NRS 179A.078.

    (b) “Personal identifying information” means any information designed, commonly used or capable of being used, alone or in conjunction with any other information, to identify a person, including, without limitation:

        (1) The name, driver’s license number, social security number, date of birth and photograph or computer generated image of a person; and

        (2) The fingerprints, voiceprint, retina image and iris image of a person.

    Sec. 38. Section 240 of Assembly Bill No. 618 of this session is hereby amended to read as

follows:

    Sec. 240.  NRS 179A.100 is hereby amended to read as follows:

    179A.100  1.  The following records of criminal history may be disseminated by an agency of criminal justice without any restriction pursuant to this chapter:

    (a) Any which reflect records of conviction only; and

    (b) Any which pertain to an incident for which a person is currently within the system of criminal justice, including parole or probation.

    2.  Without any restriction pursuant to this chapter, a record of criminal history or the absence of such a record may be:

    (a) Disclosed among agencies which maintain a system for the mutual exchange of criminal records.

    (b) Furnished by one agency to another to administer the system of criminal justice, including the furnishing of information by a police department to a district attorney.

    (c) Reported to the central repository.

    3.  An agency of criminal justice shall disseminate to a prospective employer, upon request, records of criminal history concerning a prospective employee or volunteer which:

    (a) Reflect convictions only; or

    (b) Pertain to an incident for which the prospective employee or volunteer is currently within the system of criminal justice, including parole or probation.

    4.  The central repository shall disseminate to a prospective or current employer, upon request, information relating to sexual offenses concerning an employee, prospective employee, volunteer or prospective volunteer who gives his written consent to the release of that information.

    5.  Records of criminal history must be disseminated by an agency of criminal justice upon request, to the following persons or governmental entities:

    (a) The person who is the subject of the record of criminal history for the purposes of NRS 179A.150.

    (b) The person who is the subject of the record of criminal history or his attorney of record when the subject is a party in a judicial, administrative, licensing, disciplinary or other proceeding to which the information is relevant.

    (c) The state gaming control board.

    (d) The state board of nursing.

    (e) The private investigator’s licensing board to investigate an applicant for a license.

    (f) A public administrator to carry out his duties as prescribed in chapter 253 of NRS.

    (g) A public guardian to investigate a ward or proposed ward or persons who may have knowledge of assets belonging to a ward or proposed ward.

    (h) Any agency of criminal justice of the United States or of another state or the District of Columbia.

    (i) Any public utility subject to the jurisdiction of the public utilities commission of Nevada when the information is necessary to conduct a security investigation of an employee or prospective employee, or to protect the public health, safety or welfare.

    (j) Persons and agencies authorized by statute, ordinance, executive order, court rule, court decision or court order as construed by appropriate state or local officers or agencies.

    (k) Any person or governmental entity which has entered into a contract to provide services to an agency of criminal justice relating to the administration of criminal justice, if authorized by the contract, and if the contract also specifies that the information will be used only for stated purposes and that it will be otherwise confidential in accordance with state and federal law and regulation.

    (l) Any reporter for the electronic or printed media in his professional capacity for communication to the public.

    (m) Prospective employers if the person who is the subject of the information has given written consent to the release of that information by the agency which maintains it.

    (n) For the express purpose of research, evaluative or statistical programs pursuant to an agreement with an agency of criminal justice.

    (o) The division of child and family services of the department of human resources and any county agency that is operated pursuant to NRS 432B.325 or authorized by a court of competent jurisdiction to receive and investigate reports of abuse or neglect of children and which provides or arranges for protective services for such children.

    (p) The welfare division of the department of human resources or its designated representative.

    (q) An agency of this or any other state or the Federal Government that is conducting activities pursuant to Part D of Title IV of the Social Security Act, 42 U.S.C. §§ 651 et seq.

    (r) The state disaster identification team of the office of emergency management created pursuant to section 1 of Senate Bill No. 306 of this [act.] session.

    (s) The commissioner of insurance.

    6.  Agencies of criminal justice in this state which receive information from sources outside this state concerning transactions involving criminal justice which occur outside Nevada shall treat the information as confidentially as is required by the provisions of this chapter.

    Sec. 39. Section 10 of Senate Bill No. 327 of this session is hereby amended to read as follows:

    Sec. 10.  NRS 459.742 is hereby amended to read as follows:

    459.742  The commission, in carrying out its duties and within the limits of legislative appropriations and other available money, may:

    1.  Enter into contracts, leases or other agreements or transactions;

    2.  Provide grants of money to local emergency planning committees to improve their ability to respond to emergencies involving hazardous materials;

    3.  Assist with the development of comprehensive plans for responding to such emergencies in this state;

    4.  Provide technical assistance and administrative support to the telecommunications unit of the communication and computing division of the department of information technology for the development of systems for communication during such emergencies;

    5.  Provide technical and administrative support and assistance for training programs;

    6.  Develop a system to provide public access to data relating to hazardous materials;

    7.  Support any activity or program eligible to receive money from the contingency account for hazardous materials;

    8.  Adopt regulations setting forth the manner in which the office of emergency management created pursuant to section 1 of Senate Bill No. 306 of this [act] session shall:

    (a) Allocate money received by the division which relates to hazardous materials or is received pursuant to [Public Law 99-499 or Title I of Public Law 93-633;] 42 U.S.C. §§ 11001 et seq. or 49 U.S.C. §§ 5101 et seq.; and

    (b) Approve programs developed to address planning for and responding to emergencies involving hazardous materials; and

    9.  Coordinate the activities administered by state agencies to carry out the provisions of chapter 459 of NRS, [Public Law 99-499 and Title I of Public Law 93-633.] 42 U.S.C. §§ 11001 et seq. and 49 U.S.C. §§ 5101 et seq.

    Sec. 40. Section 7 of Senate Bill No. 401 of this session is hereby amended to read as follows:

    Sec. 7.  NRS 284.140 is hereby amended to read as follows:

    284.140  The unclassified service of the state consists of the following state officers or employees in the executive department of the state government who receive annual salaries for their service:

    1.  Members of boards and commissions, and heads of departments, agencies and institutions required by law to be appointed.

    2.  Except as otherwise provided in section 3 of this act and NRS 223.085 and 223.570, all persons required by law to be appointed by the governor or heads of departments or agencies appointed by the governor or by boards.

    3.  All employees other than clerical in the office of the attorney general and the state public defender required by law to be appointed by the attorney general or the state public defender.

    4.  Except as otherwise provided by the board of regents of the University of Nevada pursuant to NRS 396.251, officers and members of the teaching staff and the staffs of the agricultural extension department and experiment station of the University and Community College System of Nevada, or any other state institution of learning, and student employees of these institutions. Custodial, clerical or maintenance employees of these institutions are in the classified service. The board of regents of the University of Nevada shall assist the director in carrying out the provisions of this chapter applicable to the University and Community College System of Nevada.

    5. All other officers and employees authorized by law to be employed in the unclassified service.

    Sec. 41. Section 10 of Senate Bill No. 401 of this session is hereby amended to read as follows:

    Sec. 10.  1.  This section and sections 1 to 6, inclusive, 8 and 9 of this act become effective on July 1, 2001.

    2.  Section 7 of this act becomes effective at 12:01 a.m. on July 1, 2001.”.

    Amend sec. 39, page 22, by deleting line 16 and inserting:

    “Sec. 44. 1.  This section and sections 1 to 5, inclusive, 7, 9, 10, 12 to 18, inclusive, and 20 to 43, inclusive, of this act become effective on July 1, 2001.

    2.  Sections 8, 11 and 19 of this act become effective at 12:01 a.m. on July 1, 2001.

    3.  Section 6 of this act becomes effective at 12:02 a.m. on July 1, 2001.”.

    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. 340.

    Bill read third time.

    Remarks by Assemblywomen Buckley and Parnell.

    Roll call on Assembly Bill No. 340:

    Yeas—40.

    Nays—None.

    Excused—Freeman, Humke—2.

    Assembly Bill No. 340 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 343.

    Bill read third time.

    Remarks by Assemblymen Buckley, Gibbons, Dini, Leslie, Beers and Anderson.

    Assemblyman Parks requested that the following remarks to be entered in the Journal.

    Assemblywoman Buckley:

    Thank you, Mr. Speaker. Assembly Bill 343 provides for the integration of state and local child welfare services. I was honored to be the chair of an interim committee that studied, for the past two years, the issue of our child welfare system. The information that we were presented did not bode very well for our state. While we had many individuals who are hard working and involved in the system, who fought for our children, the system itself was broken. Children would be shuttled from the county system to the state system after six months. As a result of these shifts, children would be forced to change homes, change foster care placements, because the counties and the state pay different levels. They have different families and different systems. Children ended up languishing in the foster care system for over three years. Some of the moves of these children from home to home, because of our system, range anywhere from six moves per child during their stay to some that were moved over 50 times. It is no wonder that our children were not able to finally reach our goal for all of them—a loving, stable home.

    Assembly Bill 343 addresses this issue in Clark and Washoe County where there is a bifurcated system. This refers to the fact the county initially investigates all claims of abuse and neglect and takes charge of that child, usually for six months. Instead of two agencies dealing with the child, this bill provides for one. It provides for the initial start up costs and to do all those necessary things, like moving employees and changing computer systems. In all of this debate there are so many details to be worked out. We are so glad, through the hard work of so many, the children were put first over the difficulties of integration of computer systems and moving desks and all those little things that can sometimes harm a bill

    This bill creates a legislative oversight committee to ensure the work continues, that we implement the best practices for children, so that they are returned to their families or have the opportunity for a loving, stable home within 12 months. This legislative committee will consist of members of the Interim Finance Committee, as well as the Policy Committee and those members who studied those issues so well in this body and who are so familiar with it. Additionally, the bill appropriates the one-shot funds necessary for the transfer as well as providing that all state employees who are currently involved will be guaranteed their job. If any decide to retire, that will also be taken into account.

    We tried very hard to do what is best for our children and what is best for all that are involved in the system by a two-year consensus-building project. I would like to thank very much the hard work that was put in by many of my colleagues, like the Speaker Emeritus, who brought this bill forward last session; my colleague from southern Nevada sitting next to the Speaker Emeritus, who chaired this committee; the chairman of the Judiciary committee, who made this a priority, through our committee, who recommended this interim study; and my colleague from Elko, who brought concerns of the rural communities in this bill. We trued up services for the rural communities so they would benefit by the changes, including the changes in foster care payments, which were already signed by the Governor, to ensure this integration. I would also like to applaud Steve Shaw, Mary Ellen White and the Governor’s office, for their executive level commitment, as was seen in the Governor’s State of State message and through their work during this process. I would also thank May Shelton and Mike Capello from Washoe County and the Clark County folks who oversaw it.

    Shifting functions from state to county is a very, very difficult task. It was through them, through our colleagues in the Senate and the many others that this is able to happen. Thank you, Mr. Speaker.

    Assemblywoman Gibbons:

    Thank you, Mr. Speaker. I, too, rise in support of this bill. Would you explain Section 131, I think, which deals with mental health and the reason it is 2005. Why is Section 130 sunsetted, January 1, 2005 and the other one July 1, 2005.

    Assemblywoman Buckley:

    Thank you, Mr. Speaker. Section 131 deals with the mental health consortium.  In the interim, we found that we have a certain allocation to the higher levels of care as the children are called. Children, as the result of the abuse and neglect, are so damaged that they are forced to be placed in a residential or institutional care. One of the big concerns of the committee is that too many of these children, instead of getting the mental health services they need so they can stay in a family environment, were because of trauma from many moves and a lack of planning and wraparound services early on, placed in an institution. There was complete consensus that this was the worst we could do by our kids. So, we created a mental health consortium. This consortium has no control over the purse strings; that is still done by this body through an appropriation to the state division. This allows both counties to develop a committee consortium structure so they can look where we are allocating our dollars to make the best choices for children. For example, if we are spending $50,000 a year for a child in an institution, but if we had gotten that child counseling, be spending $5000 in the first year, we’ll not only be helping children, we’ll be saving money. We created a mental health consortium with a sunset date because this is an opportunity to review it to make changes, so that in future sessions when we then begin looking at the children in higher levels of care and how best they should be served we can do that with the data and information that we need to make our best decisions.

    Assemblyman Dini:

    Thank you, Mr. Speaker. The Majority Leader neglected to blow her own horn for all the work she did on this subject. This was a tough subject. It was a lot of work and she needs to have the acclamation of this house for the hard work she did in bringing this to fruition.

   

Assemblywoman Leslie:

    Thank you, Mr. Speaker. I rise in support of AB 343. I want to add my thanks to the Majority Leader for her leadership on this issue. This is really landmark legislation for the children of Nevada. In my mind, this is the most important bill we will be passing this session for children. Nevada will now not be the only state in the country with a bifurcated system of child welfare. There were many times, even though I was not on the committee, my good friend May Shelton from Washoe County kept me very well informed of the progress and setbacks on the development of this legislation. There were many times the whole deal would have fallen apart except for the work of our majority leader. So, on behalf of the children, certainly from Washoe County, from Clark County and, indeed, the entire state, I want to commend the Majority Leader and everyone involved in this process and urge your strong support of AB 343. Thank you.

    Assemblyman Beers:

    Thank you, Mr. Speaker. I would rise to support this legislation and commend the previous speaker and the Majority Leader. This was really one of the big shocks when I was first elected two years ago, to find out this was how we ran our child welfare services. This is a good piece of legislation.

    Assemblyman Anderson:

    Thank you, Mr. Speaker. I would feel negligent if I did not rise in support of the legislation, knowing the hard work by the Majority Leader and the dedication, not only to the committee but the various subgroups and conferences that met on a full time basis. This was more than a passing fancy of the legislature in terms of how many pieces had to be put together. While we would all laud it to be the final step, it is merely the first step of a progress that has to be continued and one that we’re going to have to watch. It is a giant first step and I hope we are able to make it.

    Mr. Speaker requested the privilege of the Chair for the purpose of making the following remarks:

    I would tell you, having an adjoining office with the Majority Leader, and walls that aren’t that thick, some of the discussions that went on emanated through those walls. I can tell you that there is not a single thing that happened this session that was worked on any harder, especially by the Majority Leader.

    Potential conflict of interest declared by Assemblyman Beers.

    Roll call on Assembly Bill No. 343:

    Yeas—40.

    Nays—None.

    Excused—Freeman, Humke—2.

    Assembly Bill No. 343 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 56.

    Bill read third time.

    Remarks by Assemblywoman Giunchigliani.

    Roll call on Senate Bill No. 56:

    Yeas—39.

    Nays—Goldwater.

    Excused—Freeman, Humke—2.

    Senate Bill No. 56 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 137.

    Bill read third time.

    Remarks by Assemblyman Anderson.

    Roll call on Senate Bill No. 137:

    Yeas—40.

    Nays—None.

    Excused—Freeman, Humke—2.

    Senate Bill No. 137 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 143.

    Bill read third time.

    Roll call on Senate Bill No. 143:

    Yeas—40.

    Nays—None.

    Excused—Freeman, Humke—2.

    Senate Bill No. 143 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 421.

    Bill read third time.

    Remarks by Assemblymen Anderson, Carpenter and Price.

    Potential conflict of interest declared by Assemblyman Price.

    Roll call on Senate Bill No. 421:

    Yeas—39.

    Nays—None.

    Not    Voting—Goldwater.

    Excused—Freeman, Humke—2.

    Senate Bill No. 421 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 491.

    Bill read third time.

    Remarks by Assemblymen Manendo and Von Tobel.

    Potential conflict of interest declared by Assemblymen Manendo and
Von Tobel.

    Roll call on Senate Bill No. 491:

    Yeas—40.

    Nays—None.

    Excused—Freeman, Humke—2.

    Senate Bill No. 491 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 496.

    Bill read third time.

    Remarks by Assemblyman Carpenter.

    Roll call on Senate Bill No. 496:

    Yeas—39.

    Nays—None.

    Not Voting—Goldwater.

    Excused—Freeman, Humke—2.

    Senate Bill No. 496 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 576.

    Bill read third time.

    Remarks by Assemblymen Chowning, Gustavson, Lee and Buckley.

    Conflict of interest declared by Assemblyman Lee.

    Roll call on Senate Bill No. 576:

    Yeas—36.

    Nays—Angle, Gustavson—2.

    Not    Voting—Arberry, Lee—2.

    Excused—Freeman, Humke—2.

    Senate Bill No. 576 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 577.

    Bill read third time.

    Remarks by Assemblymen Anderson, Angle, Buckley and Brower.

    Assemblyman Parks requested that the following remarks be entered in the Journal.

    Assemblyman Anderson:

    Thank you, Mr. Speaker. Senate Bill 577 provides that a stockholder, director or officer of a corporation may be individually liable for a debt or liability of the corporation if he acts as an alter ego of the corporation or if the corporation factors of the separate entity should be disregarded for any other reason. The bill further specifies that a stockholder, director or officer acts as the alter ego if, first, the corporation is influenced by the stockholder, director or officer; second, the corporation and the stockholder, director, or officers are inseparable; and third, adheres to the corporate fiction of a separate entity who had sanctioned fraud or promoted injustice. Senate Bill 577 also provides that directors and officers are not individually liable to the corporation or its stockholders for damages resulted from an act or failure to act unless it is proven that their actions or failure to act constituted a breach of fiduciary duties or the breach involved intentional misconduct, fraud or knowing violation of the law.

    Senate Bill 577 also increases fees for certain documents filed by the Secretary of State by corporations, foreign corporations, limited liability companies, partnerships, limited partnerships, and business trusts. The change in fees includes an increase from $85 to $165 for filing of an initial list of officers, directors, managers, manager members, managing partners and general partners. When the list initially and annually is filed, the bill requires that the business entity provide a declaration under penalty of prejudice, that it comply with the provisions of Nevada tax law.

    Other fees increased including filing for certification of documents concerning reinstatement, amendments to certain documents, dissolution, change of location, notice of withdrawal from Nevada by foreign corporations, original acts of organization for limited liability companies and  reinstatement of certain business entities. Added fee changes include an increase of $10 to $20 for certain copies of certain documents and an increase from $15 to $30 for executing a certificate of corporate existence.

    Senate Bill 577 authorizes the office of Secretary of State to access $300,000 in fiscal year 2002 and $250,000 in fiscal 2002-2003 from the account for special services. These funds may be accessed without the approval of the Interim Finance Committee and may be used for additional personnel, equipment, supplies, office space and other related costs. The measure also authorizes the office of Secretary of State to attain the first $50 from each expedited fee for services provided within two hours. For other services in an expedited service, including service provided for 2 to 24 hours, the fee is divided equally between the Secretary of State’s Office and the General Fund.

    Most of the provisions of this measure are effective on August 1, 2001, allowing the Secretary of State’s office to adequately inform its customers of these changes. The provisions allowing the Secretary of State’s office to access funds in the accounts for special services, and dividing the fees for expedited service between the state General Fund and Secretary of State are effective on July 1, 2001.

 

    Assemblywoman Angle:

    I rise in reluctant support for SB 577. In committee I voted against this bill, the reason being we don’t have the money, yet, for education. This bill, as it was sent to us from the Senate, was sent in order to attract that money to our state so we could fund our education system, which is in desperate need.  I don’t believe the way we have amended this bill is going to get us what we need to go with education. In fact, I am fearful that if we leave it the way it is, the condition that it is in, we will actually be telling corporations we don’t want them to come. Therefore, we want get this money. So, again, I rise in reluctant support. I will be voting for this bill, but I am very concerned about it.

 

    Assemblywoman Buckley:

    Thank you, Mr. Speaker. I rise in support of Senate Bill 577. The fee increases are relatively minor for a new corporation. It is $80. The money raised by this bill, approximately $29 million to $30 million, does not solve educational problems that our children desperately need us to solve. It makes critical strides this session towards to filling the gap along with the bill sponsored by our Assistant Majority Leader that raises an additional $23.5 million. Thanks to the efforts of this house, our Speaker, our Minority Leader, and the chair of Taxation, we were able to help fill the gap to provide for this money, this session. Additionally, I think the Judiciary Committee was very clear. The law we are codifying only says that if a corporate director steals or commits acts such that it promotes injustice, the standard set by our Nevada Supreme Court, that if that happens, someone can sue. It is a fair standard. It has been our law since 1987. I think we need to be very careful as we address our laws, to make sure they are balanced. I think that was the Senate’s intent, and I think that is our intent today.

 

    Assemblyman Brower:

    Thank you, Mr. Speaker. I, also, rise in support of SB 577. I do so somewhat reluctantly. I voted against this bill in committee because I thought the original bill was a better alternative for us. The original bill, as we know, did provide for a funding mechanism to be used for education in this state. That mechanism is still in the bill, fortunately.

    I want to commend the sponsors of the bill for their creativity in looking for a way to help the funding crisis we see, at least over the next couple of years. The Majority Leader reminded me of the Assistant Majority Leader’s efforts, with respect to this funding crisis, as well. I think, between this bill and the bill that the Assistant Majority Leader spoke to yesterday, we will go a long way to accomplishing some things that looked like we could not accomplish earlier in the session. The amended bill, I think, is not as good as the original version, quite frankly. I don’t know what the effect will be, but I take seriously the suggestion by some that the changes, by virtue of the amendment we adopted yesterday, go too far and reduce the flexibility that corporations now enjoy under our current statutory scheme and may provide a disincentive for corporate activity in the state. We won’t know how that is going to play out.

    I am confident the Senate will look at this bill, again. I am hopeful that the differences between the Senate version and the Assembly version can be worked out. And I am hopeful the funding mechanism that this bill creates, will be part of a bill that is passed and will be successful in achieving the goal the bill’s sponsors set out with, not too long ago, but hopefully in time to make this a reality.

 

    Roll call on Senate Bill No. 577:

    Yeas—40.

    Nays—None.

    Excused—Freeman, Humke—2.

    Senate Bill No. 577 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 372.

    Bill read third time.

    Remarks by Assemblymen Bache, de Braga, Collins, Gibbons and Beers.

    Potential conflict of interest declared by Assemblyman de Braga.

    Roll call on Senate Bill No. 372:

    Yeas—39.

    Nays—None.

    Not Voting—Carpenter.

    Excused—Freeman, Humke—2.

    Senate Bill No. 372 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

UNFINISHED BUSINESS

Consideration of Senate Amendments

    Assembly Bill No. 123.

    The following Senate amendment was read:

    Amendment No. 1175.

    Amend section 1, page 1, line 4, by deleting:

“sections 3 and 4” and inserting “section 2”.

    Amend the bill as a whole by deleting sections 2 through 4, renumbering sections 5 and 6 as sections 3 and 4 and adding a new section designated sec. 2, following section 1, to read as follows:

    “Sec. 2. Chapter 287 of NRS is hereby amended by adding thereto a new section to read as follows:

    If the board provides health insurance through a plan of self-insurance, it shall comply with the provisions of NRS 689B.255, 695G.150, 695G.160, 695G.170 and 695G.200 to 695G.230, inclusive, in the same manner as an insurer that is licensed pursuant to Title 57 of NRS is required to comply with those provisions.”.

    Amend sec. 5, page 2, line 29, by deleting:

“sections 3 and 4” and inserting “section 2”.

    Amend sec. 6, page 2, by deleting lines 36 and 37 and inserting:

        “(1) Must include a program relating to group life, accident or health insurance, or any combination of”.

    Amend sec. 6, page 3, line 1, by deleting “shall” and inserting “may”.

    Amend sec. 6, page 3, by deleting lines 15 and 16 and inserting:

    “(d) Purchase policies of life, accident or health insurance, or any combination of these, or, if applicable, a program to reduce”.

    Amend sec. 6, page 3, by deleting lines 22 through 26.

    Amend sec. 6, page 3, line 27, by deleting “(f)” and inserting “[(d)] (e)”.

    Amend sec. 6, page 3, line 29, by deleting “(g)” and inserting “(f)”.

    Amend sec. 6, page 3, line 31, by deleting “(h)” and inserting “(g)”.

    Amend sec. 6, page 3, line 33, by deleting:

“sections 3 and 4” and inserting “section 2”.

    Amend sec. 6, page 3, line 45, by deleting “(i)” and inserting “(h)”.

    Amend sec. 6, pages 3 and 4, by deleting lines 46 and 47 on page 3 and lines 1 through 5 on page 4, and inserting:

“accountant shall:

        (1) Provide an annual audit of the program; and

        (2) Report to the board and the interim retirement and benefits committee of the legislature created pursuant to NRS 218.5373.

    [(h)](i) Appoint an attorney who specializes in employee benefits. The attorney shall:

        (1) Perform a biennial review of the program to determine whether the program complies with federal and state laws relating to taxes and employee benefits; and

        (2) Report to the board and the interim retirement and benefits committee of the legislature created pursuant to NRS 218.5373.”.

    Amend sec. 6, page 4, by deleting lines 16 through 18 and inserting:

    “6.  As used in this section, “employee benefits” includes any form of compensation provided to a public employee except federal benefits, wages”.

    Amend sec. 6, page 4, by deleting line 21.

    Amend the bill as a whole by deleting sections 7 and 8 and renumbering sec. 9 as sec. 5.

    Amend sec. 9, page 5, line 23, after “employee.” by inserting:

“As used in this subsection, “actual cost” includes any amount which has been approved by the board and which is paid by any department, agency, commission or public agency of this state for:

    (a) A program of supplemental insurance;

    (b) Subsidization of premiums for health insurance for dependents and retired participants;

    (c) Administrative costs relating to the provision of the health insurance; and

    (d) Costs required to maintain adequate reserves.”.

    Amend the bill as a whole by deleting sec. 10 and adding a new section designated sec. 6, following sec. 9, to read as follows:

    “Sec. 6.  This act becomes effective on January 1, 2002.”.

    Amend the title of the bill by deleting the sixth through ninth lines and inserting:

“the public employees’ benefits program; and providing other matters”.

    Assemblyman Dini moved that the Assembly concur in the Senate amendment to Assembly Bill No. 123.

    Remarks by Assemblyman Dini.

    Motion carried by a constitutional majority.

    Bill ordered to enrollment.

    Assembly Joint Resolution No. 9.

    The following Senate amendment was read:

    Amendment No. 1192.

    Amend the resolution, page 2, line 22, by deleting “license;” and inserting:

“license and on applications for many other licenses, permits and certificates issued by the state;”.

    Amend the preamble of the resolution, page 1, line 8, by deleting “license;” and inserting:

“license and on the applications for many other licenses, permits and certificates issued by the state;”.

    Amend the preamble of the resolution, page 1, line 11, by deleting “license,” and inserting:

“license or for many other types of licenses, permits or certificates issued by the state,”.

    Amend the title of the resolution, third line, after “license” by inserting:

“and on applications for certain other licenses, permits and certificates issued by the state”.

    Amend the summary of the resolution to read as follows:

“SUMMARY—Urges Congress to repeal provision of federal law requiring state to record social security number of citizen on application for driver’s license and on application for certain other licenses, permits and certificates issued by state for state to receive certain federal funding. (BDR R‑1290)”.

    Assemblyman Price moved that the Assembly concur in the Senate amendment to Assembly Joint Resolution No. 9.

    Remarks by Assemblyman Price.

    Motion carried by a constitutional majority.

    Resolution ordered to enrollment.

    Assembly Bill No. 4.

    The following Senate amendment was read:

    Amendment No. 1111.

    Amend the bill as a whole by renumbering section 1 as sec. 5 and adding new sections designated sections 1 through 4, following the enacting clause, to read as follows:

    “Section 1. Chapter 209 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

    Sec. 2. 1.  The committee on industrial programs is hereby created.

    2.  The committee on industrial programs consists of the director of the department of prisons, the chief of the purchasing division of the department of administration and eight members appointed by the interim finance committee as follows:

    (a) Two members of the senate.

    (b) Two members of the assembly.

    (c) Two persons who represent manufacturing in this state.

    (d) One person who represents business in this state.

    (e) One person who represents organized labor in this state.

    3.  The members of the committee on industrial programs shall select a chairman from among their membership.

    4.  Each member of the committee on industrial programs appointed by the interim finance committee must be appointed to a term of 2 years and may be reappointed.

    5.  Except during a regular or special session of the legislature, each legislator who is a member of the committee on industrial programs is entitled to receive the compensation provided for a majority of the members of the legislature during the first 60 days of the preceding regular session for each day or portion of a day during which he attends a meeting of the committee on industrial programs or is otherwise engaged in the work of the committee on industrial programs. Each nonlegislative member appointed by the interim finance committee is entitled to receive compensation for his service on the committee on industrial programs in the same amount and manner as the legislative members whether or not the legislature is in session. Each nonlegislative member of the committee on industrial programs is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally. Each legislator who is a member of the committee on industrial programs is entitled to receive the per diem allowance provided for state officers and employees generally and the travel expenses provided pursuant to NRS 218.2207. All compensation, allowances and travel expenses must be paid from the fund for prison industries.

    Sec. 3. 1.  The committee on industrial programs shall:

    (a) Be informed on issues and developments relating to industrial programs for correctional institutions;

    (b) Submit a semiannual report to the interim finance committee before July 1 and December 1 of each year on the status of current and proposed industrial programs for correctional institutions;

    (c) Report to the legislature on any other matter relating to industrial programs for correctional institutions that it deems appropriate;

    (d) Meet at least quarterly and at the call of the chairman to review the operation of current and proposed industrial programs;

    (e) Recommend three persons to the director for appointment as the assistant director for industrial programs whenever a vacancy exists;

    (f) Before any new industrial program is established by the director in an institution of the department, review the proposed program for compliance with the requirements of subsections 2, 3 and 4 of NRS 209.461 and submit to the director its recommendations concerning the proposed program; and

    (g) Review each industry program established pursuant to subsection 2 of NRS 209.461 to determine whether the program is operating profitably within 3 years after its establishment. If the committee on industrial programs determines that a program is not operating profitably within 3 years after its establishment, the committee on industrial programs shall report its finding to the director with a recommendation regarding whether the program should be continued or terminated.

    2.  Upon the request of the committee on industrial programs, the director and the assistant director for industrial programs shall provide to the committee on industrial programs any information the committee on industrial programs determines is relevant to the performance of the duties of the committee on industrial programs.

    Sec. 4. NRS 209.011 is hereby amended to read as follows:

    209.011  As used in this chapter, unless the context otherwise requires, the terms defined in NRS [209.015] 209.021 to 209.085, inclusive, have the meanings ascribed to them in those sections.”.

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

    “Sec. 6. NRS 209.459 is hereby amended to read as follows:

    209.459  The director shall present the recommendations of the [advisory board] committee on industrial programs to the board of state prison commissioners and, with the approval of the board of state prison commissioners, establish and carry out a program for the employment of offenders in services and manufacturing conducted by institutions of the department or by private employers.

    Sec. 7. NRS 209.015, 209.4813 and 209.4814 are hereby repealed.”.

    Amend the bill as a whole by adding the text of the repealed sections, following sec. 2, to read as follows:

“

TEXT OF REPEALED SECTIONS

    209.015  “Advisory board” defined. “Advisory board” means the advisory board on industrial programs.

    209.4813  Advisory board on industrial programs: Creation; members; chairman; term of appointed members; payment of compensation, allowances and travel expenses.

    1.  The advisory board on industrial programs is hereby created.

    2.  The advisory board consists of the director of the department of prisons, the chief of the purchasing division of the department of administration and eight members appointed by the interim finance committee as follows:

    (a) Two members of the senate.

    (b) Two members of the assembly.

    (c) Two persons who represent manufacturing in this state.

    (d) One person who represents business in this state.

    (e) One person who represents organized labor in this state.

    3.  The members of the advisory board shall select a chairman from among their membership.

    4.  Each member of the advisory board appointed by the interim finance committee must be appointed to a term of 2 years and may be reappointed.

    5.  Except during a regular or special session of the legislature, each legislator who is a member of the advisory board is entitled to receive the compensation provided for a majority of the members of the legislature during the first 60 days of the preceding regular session for each day or portion of a day during which he attends a meeting of the advisory board or is otherwise engaged in the work of the advisory board. Each nonlegislative member appointed by the interim finance committee is entitled to receive compensation for his service on the advisory board in the same amount and manner as the legislative members whether or not the legislature is in session. Each nonlegislative member of the advisory board is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally. Each legislator who is a member of the advisory board is entitled to receive the per diem allowance provided for state officers and employees generally and the travel expenses provided pursuant to NRS 218.2207. All compensation, allowances and travel expenses must be paid from the fund for prison industries.

    209.4814  Advisory board on industrial programs: Duties. The advisory board shall:

    1.  Be informed on issues and developments relating to industrial programs for correctional institutions;

    2.  Submit a semiannual report to the interim finance committee before July 1 and December 1 of each year on the status of current and proposed industrial programs for correctional institutions;

    3.  Report to the legislature on any other matter relating to industrial programs for correctional institutions which it deems appropriate;

    4.  Meet at least quarterly and at the call of the chairman to review the operation of current and proposed industrial programs;

    5.  Recommend three persons to the director for appointment as the assistant director for industrial programs whenever a vacancy exists;

    6.  Before any new industrial program is established by the director in an institution of the department, review the proposed program for compliance with the requirements of subsections 2, 3 and 4 of NRS 209.461 and submit to the director its recommendations concerning the proposed program; and

    7.  Review each industry program established pursuant to subsection 2 of NRS 209.461 to determine whether the program is operating profitably within 3 years after its establishment. If the advisory board determines that a program is not operating profitably within 3 years after its establishment, the advisory board shall report its finding to the director with recommendation regarding whether the program should be continued or terminated.”.

    Amend the title of the bill, second line, after “existing industries;” by inserting:

“creating the committee on industrial programs; specifying the powers and duties of the committee on industrial programs; repealing the statutes creating and governing the advisory board on industrial programs;”.

    Amend the summary of the bill to read as follows:

“SUMMARY—Makes various changes concerning prison industries. (BDR 16‑680)”.

    Assemblyman Arberry moved that the Assembly concur in the Senate amendment to Assembly Bill No. 4.

    Remarks by Assemblyman Arberry.

    Motion carried by a constitutional majority.

    Bill ordered to enrollment.

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

    Assembly in recess at 12:22 p.m.

ASSEMBLY IN SESSION

    At 12:26 p.m.

    Mr. Speaker presiding.

    Quorum present.

UNFINISHED BUSINESS

Reports of Conference Committees

Mr. Speaker:

    The first Conference Committee concerning Assembly Bill No. 550, consisting of the undersigned members, has met and reports that:

    It has agreed to recommend that the amendment of the Senate be concurred in.

    It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA9, which is attached to and hereby made a part of this report.

 

Bernie Anderson	Mark Amodei
Barbara E. Buckley	Valerie Wiener
John C. Carpenter	Maurice E. Washington
Senate Conference Committee	Assembly Conference Committee

 

    Conference Amendment No. CA9.

    Amend the bill as a whole by deleting sections 1 through 4 and renumbering sections 5 through 14 as sections 1 through 10.

    Amend sec. 6, page 3, by deleting lines 37 through 41 and inserting:

“evaluation, observation and treatment [under 433A.150 and may:

    (a)] ; and

        (2) Transport the allegedly mentally ill person [; or

    (b) Arrange] to a public or private mental health facility or hospital for that purpose, or arrange for the person to be transported by:

        [(1)] (I) A local law enforcement agency;

        [(2)] (II) A system for the nonemergency medical transportation of persons whose operation is authorized by the transportation services authority; or

        [(3)] (III) If medically necessary, an ambulance service that holds a permit issued pursuant to the provisions of chapter 450B of NRS . [,

to a public or private mental health facility for that purpose.]”.

    Amend sec. 6, pages 3 and 4, by deleting lines 47 and 48 on page 3 and lines 1 through 6 on page 4 and inserting:

    “(b) Apply to a district court for an order requiring:

        (1) Any peace officer to take an allegedly mentally ill person into custody to allow the applicant for the order to apply for the emergency admission of the allegedly mentally ill person for evaluation, observation and treatment; and

        (2) Any agency, system or service described in subparagraph (2) of paragraph (a) to transport the allegedly mentally ill person to a public or private mental health facility or hospital for that purpose.”.

    Amend sec. 6, page 4, line 22, by deleting:

“For the purposes of” and inserting:

“As used in”.

    Amend sec. 6, page 4, line 35, by deleting “Make application” and inserting “Apply”.

    Amend the bill as a whole by deleting sec. 15 and renumbering sec. 16 as sec. 11.

    Amend the bill as a whole by deleting sections 17 and 18, renumbering sections 19 and 20 as sections 12 and 13 and adding a new section designated sec. 14, following sec. 20, to read as follows:

    “Sec. 14.  1.  This section and sections 1 and 3 to 13, inclusive, of this act become effective on October 1, 2001.

    2. Section 2 of this act becomes effective at 12:01 a.m. on October 1, 2001.”.

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

“AN ACT relating to health; making various changes to procedures for”.

    Amend the summary of the bill to read as follows:

“SUMMARY—Revises procedures for detention and civil commitment of mentally ill persons and revises provisions governing rights of patients of health care facilities. (BDR 39‑1479)”.

    Assemblyman Anderson moved that the Assembly adopt the report of the first Conference Committee concerning Assembly Bill No. 550.

    Remarks by Assemblyman Anderson.

    Motion carried.

Appointment of Conference Committees

    Mr. Speaker appointed Assemblymen Bache, Gibbons and Lee as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Assembly Bill No. 219.

MESSAGES FROM THE Senate

Senate Chamber, Carson City, June 3, 2001

To the Honorable the Assembly:

    I have the honor to inform your honorable body that the Senate on this day passed Assembly Bills Nos. 597, 670; Senate Bill No. 465.

                                                                                    Mary Jo Mongelli

                                                                             Assistant Secretary of the Senate

INTRODUCTION, FIRST READING AND REFERENCE

    Senate Bill No. 465.

    Assemblywoman Buckley moved that the bill be referred to the Committee on Ways and Means.

    Motion carried.

    Assemblywoman Buckley moved that the Assembly recess until 4:00 p.m.

    Motion carried.

    Assembly in recess at 12:45 p.m.

ASSEMBLY IN SESSION

    At 6:08 p.m.

    Mr. Speaker presiding.

    Quorum present.

REPORTS OF COMMITTEES

Mr. Speaker:

    Your Committee on Ways and Means, to which were referred Senate Bills Nos. 433, 442, 446, 449, 462, 463, 498, 579, 581, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Morse Arberry Jr., Chairman

MESSAGES FROM THE Senate

Senate Chamber, Carson City, June 3, 2001

To the Honorable the Assembly:

    I have the honor to inform your honorable body that the Senate amended, and on this day passed, as amended, Assembly Bill No. 324, Amendment No. 1209, and respectfully requests your honorable body to concur in said amendment.

    Also, I have the honor to inform your honorable body that the Senate on this day respectfully refused to recede from its action on Assembly Bill No. 94, Senate Amendment No. 1064, and requests a conference, and appointed Senators Porter, Neal and Care as a first Conference Committee to meet with a like committee of the Assembly.

    Also, I have the honor to inform your honorable body that the Senate on this day respectfully refused to recede from its action on Assembly Bill No. 637, Senate Amendment No. 830, and requests a conference, and appointed Senators Titus, O'Connell and Care as a first Conference Committee to meet with a like committee of the Assembly.

    Also, I have the honor to inform your honorable body that the Senate on this day adopted the report of the first Conference Committee concerning Senate Bill No. 25.

    Also, I have the honor to inform your honorable body that the Senate on this day adopted the report of the first Conference Committee concerning Senate Bill No. 482.

    Also, I have the honor to inform your honorable body that the Senate on this day adopted the report of the first Conference Committee concerning Senate Bill No. 551.

                                                                                    Mary Jo Mongelli

                                                                             Assistant Secretary of the Senate

UNFINISHED BUSINESS

Appointment of Conference Committees

    Mr. Speaker appointed Assemblymen Chowning, McClain and Brower as a second Conference Committee to meet with a like committee of the Senate for the further consideration of Senate Bill No. 303.

    Mr. Speaker appointed Assemblymen Bache, Giunchigliani and Brower as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Assembly Bill No. 637.

    Mr. Speaker appointed Assemblymen Bache, Berman and Lee as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Assembly Bill No. 94.

Reports of Conference Committees

Mr. Speaker:

    The first Conference Committee concerning Senate Bill No. 551, consisting of the undersigned members, has met and reports that:

    It has agreed to recommend that the amendment of the Assembly be concurred in.

 

Kathy McClain	Mark A. James
Ellen M. Koivisto	Mike McGinness
Greg Brower	Dina Titus
Assembly Conference Committee	Senate Conference Committee

 

    Assemblywoman McClain moved that the Assembly adopt the report of the first Conference Committee concerning Senate Bill No. 551.

    Remarks by Assemblywoman McClain.

    Motion carried by a constitutional majority.

Mr. Speaker:

    The first Conference Committee concerning Senate Bill No. 418, consisting of the undersigned members, has met and reports that:

    It has agreed to recommend that the amendment of the Assembly be concurred in.

 

	Mark Amodei
Joseph E. Dini, Jr.	Maggie Carlton
Lynn C. Hettrick	Ann O'Connell
Assembly Conference Committee	Senate Conference Committee

 

    Assemblyman Dini moved that the Assembly adopt the report of the first Conference Committee concerning Senate Bill No. 418.

    Remarks by Assemblyman Dini.

    Motion carried by a constitutional majority.

Mr. Speaker:

    The first Conference Committee concerning Senate Bill No. 116, consisting of the undersigned members, has met and reports that:

    It has agreed to recommend that the amendment of the Assembly be concurred in.

    It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA4, which is attached to and hereby made a part of this report.

 

	Mark Amodei
Mark A. Manendo	Randolph J. Townsend
Dawn Gibbons	Bernice Mathews
Assembly Conference Committee	Senate Conference Committee

   

    Conference Amendment No. CA4.

    Amend the bill as a whole by deleting sections 6 through 13 and renumbering sec. 14 as sec. 6.

    Amend the title of the bill by deleting the third through seventh lines and inserting: “clients who have disabilities; and providing other matters properly”.

    Assemblywoman Leslie moved that the Assembly adopt the report of the first Conference Committee concerning Senate Bill No. 116.

    Remarks by Assemblywoman Leslie.

    Motion carried by a constitutional majority.

Mr. Speaker:

    The first Conference Committee concerning Assembly Bill No. 219, consisting of the undersigned members, has met and reports that:

    No decision was reached, and recommends the appointment of a second Conference Committee, to consist of 3 members, for the further consideration of the measure.

 

Douglas A. Bache	Mark A. James
Dawn Gibbons	William R. O'Donnell
John J. Lee	Raymond C. Shaffer
Assembly Conference Committee	Senate Conference Committee

 

    Assemblyman Bache moved that the Assembly adopt the report of the first Conference Committee concerning Assembly Bill No. 219.

    Remarks by Assemblyman Bache.

    Motion carried by a constitutional majority.

Mr. Speaker:

    The first Conference Committee concerning Senate Bill No. 482, consisting of the undersigned members, has met and reports that:

    It has agreed to recommend that the amendment of the Assembly be concurred in.

 

Mark A. Manendo	Maurice E. Washington
Don Gustavson	Randolph J. Townsend
	Bernice Mathews
Assembly Conference Committee	Senate Conference Committee

 

    Assemblyman Manendo moved that the Assembly adopt the report of the first Conference Committee concerning Senate Bill No. 482.

    Remarks by Assemblyman Manendo.

    Motion carried by a constitutional majority.

Mr. Speaker:

    The first Conference Committee concerning Assembly Bill No. 653, consisting of the undersigned members, has met and reports that:

    No decision was reached, and recommends the appointment of a second Conference Committee, to consist of 3 members, for the further consideration of the measure.

 

David R. Parks	Michael Schneider
P.M. "Roy" Neighbors	Ann O'Connell
Sandra J. Tiffany	Bob Coffin
Assembly Conference Committee	Senate Conference Committee

 

    Assemblyman Parks moved that the Assembly adopt the report of the first Conference Committee concerning Assembly Bill No. 653.

    Remarks by Assemblyman Parks.

    Motion carried by a constitutional majority.

Recede From Assembly Amendments

    Assemblywoman Giunchigliani moved that the Assembly do not recede from its action on Senate Bill No. 565, Assembly Amendment No. 863, that a conference be requested, and that Mr. Speaker appoint a first Conference Committee consisting of three members to meet with a like committee of the Senate.

    Remarks by Assemblywoman Giunchigliani.

    Motion carried.

    Assemblywoman Giunchigliani moved that the Assembly recede from its action on Senate Bill No. 565, Assembly Amendment No. 1061.

    Remarks by Assemblywoman Giunchigliani.

    Motion carried.

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblywoman Giunchigliani moved that Assembly Joint Resolution No. 14 be taken from the Chief Clerk's desk and placed on the General File.

    Remarks by Assemblywoman Giunchigliani.

    Motion carried.

UNFINISHED BUSINESS

Consideration of Senate Amendments

    Assembly Bill No. 324.

    The following Senate amendment was read:

    Amendment No. 1209.

    Amend the bill as a whole by deleting sections 1 through 99 and the text of repealed sections and adding new sections designated sections 1 through 19, following the enacting clause, to read as follows:

    “Section 1. NRS 645A.173 is hereby amended to read as follows:

    645A.173  [At the time that]

    1.  If an escrow for the sale of real property is established, the holder of the escrow shall , on the date of establishment of the escrow, record in writing the number and the date of expiration of the:

    [1.] (a) License issued pursuant to chapter 645 of NRS; or

    [2.] (b) Certificate of cooperation issued pursuant to NRS 645.605,

F

of any real estate broker, broker-salesman or salesman who will be paid compensation from money held in the escrow for performing the services of a real estate broker, broker-salesman or salesman in the transaction that is the subject of the escrow. The holder of the escrow is not required to verify independently the validity of the number of the license or certificate.

    2.  If an escrow for the sale of real property is established and the real property is or will be secured by a mortgage or deed of trust, the holder of the escrow shall, on the date of establishment of the escrow, record in writing the number and the date of expiration of the license issued pursuant to chapter 645B or 645E of NRS of any mortgage broker or mortgage company associated with the mortgage or deed of trust. The holder of the escrow is not required to verify independently the validity of the number of the license.

    Sec. 2. Chapter 645B of NRS is hereby amended by adding thereto the provisions set forth as sections 3 and 4 of this act.

    Sec. 3. “Private investor” means:

    1.  An investor who is a natural person and who provides his own money for investment in a loan secured by a lien on real property; and

    2.  Two or more investors who are relatives and who jointly provide their own money for investment in a loan secured by a lien on real property, unless the investors are acting on behalf of a partnership, a corporation or some other separate legal entity.

    Sec. 4. 1.  In addition to the requirements set forth in NRS 645B.050, to renew a license:

    (a) If the licensee is a natural person, the licensee must submit to the commissioner satisfactory proof that the licensee attended at least 5 hours of certified courses of continuing education during the 12 months immediately preceding the date on which the license expires.

    (b) If the licensee is not a natural person, the licensee must submit to the commissioner satisfactory proof that each natural person who supervises the daily business of the licensee attended at least 5 hours of certified courses of continuing education during the 12 months immediately preceding the date on which the license expires.

    2.  As used in this section, “certified course of continuing education” means a course of continuing education which relates to the mortgage industry or mortgage transactions and which is:

    (a) Certified by the National Association of Mortgage Brokers or any successor in interest to that organization; or

    (b) Certified in a manner established by the commissioner, if the National Association of Mortgage Brokers or any successor in interest to that organization ceases to exist.

    Sec. 5. NRS 645B.010 is hereby amended to read as follows:

    645B.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 645B.0103 to 645B.0135, inclusive, and section 3 of this act have the meanings ascribed to them in those sections.

    Sec. 6. NRS 645B.020 is hereby amended to read as follows:

    645B.020  1.  A person who wishes to be licensed as a mortgage broker must file a written application for a license with the office of the commissioner and pay the fee required pursuant to NRS 645B.050. An application for a license as a mortgage broker must:

    (a) Be verified.

    (b) State the name, residence address and business address of the applicant and the location of each principal office and branch office at which the mortgage broker will conduct business within this state.

    (c) State the name under which the applicant will conduct business as a mortgage broker.

    (d) List the name, residence address and business address of each person who will:

        (1) If the applicant is not a natural person, have an interest in the mortgage broker as a principal, partner, officer, director or trustee, specifying the capacity and title of each such person.

        (2) Be associated with or employed by the mortgage broker as a mortgage agent.

    (e) If the applicant is a natural person, include the social security number of the applicant.

    (f) Include a general business plan and a [manual for policies and procedures for the mortgage broker and his mortgage agents that includes, without limitation, the underwriting standards, restrictions and] description of the policies and procedures that the mortgage broker and his mortgage agents will follow to arrange and service loans and to conduct business pursuant to this chapter.

    (g) State the length of time the applicant has been engaged in the business of a broker.

    (h) Include a financial statement of the applicant and, if applicable, satisfactory proof that the applicant will be able to maintain continuously the net worth required pursuant to NRS 645B.115.

    (i) Include any other information required pursuant to the regulations adopted by the commissioner or an order of the commissioner.

    2.  If a mortgage broker will conduct business at one or more branch offices within this state, the mortgage broker must apply for a license for each such branch office.

    3.  Except as otherwise provided in this chapter, the commissioner shall issue a license to an applicant as a mortgage broker if:

    (a) The application complies with the requirements of this chapter;

    (b) The applicant submits the statement required pursuant to NRS 645B.023, if the applicant is required to do so; and

    (c) The applicant and each general partner, officer or director of the applicant, if the applicant is a partnership, corporation or unincorporated association:

        (1) Has a good reputation for honesty, trustworthiness and integrity and displays competence to transact the business of a mortgage broker in a manner which safeguards the interests of the general public. The applicant must submit satisfactory proof of these qualifications to the commissioner.

        (2) Has not been convicted of, or entered a plea of nolo contendere to, a felony or any crime involving fraud, misrepresentation or moral turpitude.

        (3) Has not made a false statement of material fact on his application.

        (4) Has not had a license that was issued pursuant to the provisions of this chapter or chapter 645E of NRS suspended or revoked within the 10 years immediately preceding the date of his application.

        (5) Has not had a license that was issued in any other state, district or territory of the United States or any foreign country suspended or revoked within the 10 years immediately preceding the date of his application.

        (6) Has not violated any provision of this chapter or chapter 645E of NRS, a regulation adopted pursuant thereto or an order of the commissioner.

    Sec. 7. NRS 645B.050 is hereby amended to read as follows:

    645B.050  1.  A license issued pursuant to this chapter expires each year on June 30, unless it is renewed. To renew a license, the licensee must submit to the commissioner on or before June 30 of each year:

    (a) An application for renewal;

    (b) The fee required to renew the license pursuant to this section; [and]

    (c) If the licensee is a natural person, the statement required pursuant to NRS 645B.023 [.] ; and

    (d) The information required pursuant to section 4 of this act.

    2.  If the licensee fails to submit any item required pursuant to subsection 1 to the commissioner on or before June 30 of any year, the license is canceled. The commissioner may reinstate a canceled license if the licensee submits to the commissioner:

    (a) An application for renewal;

    (b) The fee required to renew the license pursuant to this section;

    (c) If the licensee is a natural person, the statement required pursuant to NRS 645B.023; [and

    (d) A]

    (d) The information required pursuant to section 4 of this act; and

    (e) Except as otherwise provided in this section, a reinstatement fee of $200.

    3.  Except as otherwise provided in NRS 645B.016, a certificate of exemption issued pursuant to this chapter expires each year on December 31, unless it is renewed. To renew a certificate of exemption, a person must submit to the commissioner on or before December 31 of each year:

    (a) An application for renewal that includes satisfactory proof that the person meets the requirements for an exemption from the provisions of this chapter; and

    (b) The fee required to renew the certificate of exemption.

    4.  If the person fails to submit any item required pursuant to subsection 3 to the commissioner on or before December 31 of any year, the certificate of exemption is canceled. Except as otherwise provided in NRS 645B.016, the commissioner may reinstate a canceled certificate of exemption if the person submits to the commissioner:

    (a) An application for renewal that includes satisfactory proof that the person meets the requirements for an exemption from the provisions of this chapter;

    (b) The fee required to renew the certificate of exemption; and

    (c) [A] Except as otherwise provided in this section, a reinstatement fee of $100.

    5.  [A] Except as otherwise provided in this section, a person must pay the following fees to apply for, to be issued or to renew a license as a mortgage broker pursuant to this chapter:

    (a) To file an original application or a license, $1,500 for the principal office and $40 for each branch office. The person must also pay such additional expenses incurred in the process of investigation as the commissioner deems necessary. All money received by the commissioner pursuant to this paragraph must be placed in the investigative account created by NRS 232.545.

    (b) To be issued a license, $1,000 for the principal office and $60 for each branch office.

    (c) To renew a license, $500 for the principal office and $100 for each branch office.

    6.  [A] Except as otherwise provided in this section, a person must pay the following fees to apply for or to renew a certificate of exemption pursuant to this chapter:

    (a) To file an application for a certificate of exemption, $200.

    (b) To renew a certificate of exemption, $100.

    7.  To be issued a duplicate copy of any license or certificate of exemption, a person must make a satisfactory showing of its loss and pay a fee of $10.

    8.  Except as otherwise provided in this chapter, all fees received pursuant to this chapter must be deposited in the state treasury for credit to the state general fund.

    9.  The commissioner may, by regulation, increase any fee set forth in this section if the commissioner determines that such an increase is necessary for the commissioner to carry out his duties pursuant to this chapter. The amount of any increase in a fee pursuant to this subsection must not exceed the amount determined to be necessary for the commissioner to carry out his duties pursuant to this chapter.

    Sec. 8. NRS 645B.060 is hereby amended to read as follows:

    645B.060  1.  Subject to the administrative control of the director of the department of business and industry, the commissioner shall exercise general supervision and control over mortgage brokers doing business in this state.

    2.  In addition to the other duties imposed upon him by law, the commissioner shall:

    (a) Adopt any regulations [prescribing standards for determining whether a mortgage broker has maintained adequate supervision of a mortgage agent pursuant to this chapter.

    (b) Adopt any other regulations] that are necessary to carry out the provisions of this chapter, except as to loan brokerage fees.

    [(c)] (b) Conduct such investigations as may be necessary to determine whether any person has violated any provision of this chapter, a regulation adopted pursuant to this chapter or an order of the commissioner.

    [(d)] (c) Conduct an annual examination of each mortgage broker doing business in this state.

    [(e)] The annual examination must include, without limitation, a formal exit review with the mortgage broker. The commissioner shall adopt regulations prescribing:

        (1) Standards for determining the rating of each mortgage broker based upon the results of the annual examination; and

        (2) Procedures for resolving any objections made by the mortgage broker to the results of the annual examination. The results of the annual examination may not be opened to public inspection pursuant to NRS 645B.090 until any objections made by the mortgage broker have been decided by the commissioner.

    (d) Conduct such other examinations, periodic or special audits, investigations and hearings as may be necessary and proper for the efficient administration of the laws of this state regarding mortgage brokers and mortgage agents. The commissioner shall adopt regulations specifying the general guidelines that will be followed when a periodic or special audit of a mortgage broker is conducted pursuant to this chapter.

    [(f)] (e) Classify as confidential certain records and information obtained by the division when those matters are obtained from a governmental agency upon the express condition that they remain confidential. This paragraph does not limit examination by the legislative auditor.

    [(g)] (f) Conduct such examinations and investigations as are necessary to ensure that mortgage brokers meet the requirements of this chapter for obtaining a license, both at the time of the application for a license and thereafter on a continuing basis.

    3.  For each special audit, investigation or examination, a mortgage broker shall pay a fee based on the rate established pursuant to NRS 658.101.

    Sec. 9. NRS 645B.085 is hereby amended to read as follows:

    645B.085  1.  Except as otherwise provided in this section, not later than [60] 90 days after the last day of each fiscal year for a mortgage broker, the mortgage broker shall submit to the commissioner a financial statement that:

    (a) Is dated not earlier than the last day of the fiscal year; and

    (b) Has been prepared from the books and records of the mortgage broker by an independent public accountant who holds a permit to engage in the practice of public accounting in this state that has not been revoked or suspended.

    2.  The commissioner may grant a reasonable extension for the submission of a financial statement pursuant to this section if a mortgage broker requests such an extension before the date on which the financial statement is due.

    3.  If a mortgage broker maintains any accounts described in subsection 1 of NRS 645B.175, the financial statement submitted pursuant to this section must be audited. If a mortgage broker maintains any accounts described in subsection 4 of NRS 645B.175, those accounts must be audited. The public accountant who prepares the report of an audit shall submit a copy of the report to the commissioner at the same time that he submits the report to the mortgage broker.

    4.  The commissioner shall adopt regulations prescribing the scope of an audit conducted pursuant to subsection 3.

    Sec. 10. NRS 645B.185 is hereby amended to read as follows:

    645B.185  1.  A mortgage broker or mortgage agent shall not accept money from [an] a private investor to acquire ownership of or a beneficial interest in a loan secured by a lien on real property unless:

    (a) The private investor and the mortgage broker or mortgage agent sign and date a disclosure form that complies with the provisions of this section; and

    (b) The mortgage broker or mortgage agent gives the private investor the original disclosure form that has been signed and dated.

    2.  [An] A private investor and a mortgage broker or mortgage agent must sign and date a separate disclosure form pursuant to subsection 1 for each loan in which the private investor invests his money. A mortgage broker or mortgage agent shall not act as the attorney in fact or the agent of [an] a private investor with respect to the signing or dating of any disclosure form.

    3.  In addition to the requirements of subsections 1 and 2, a mortgage broker or mortgage agent shall not accept money from [an] a private investor to acquire ownership of or a beneficial interest in a loan secured by a lien on real property, unless the mortgage broker or mortgage agent gives the private investor a written form by which the private investor may request that the mortgage broker authorize the commissioner to release the mortgage broker’s financial statement to the private investor. Such a form must be given to the private investor for each loan. If the private investor, before giving money to the mortgage broker for the loan, requests that the mortgage broker authorize the release of a financial statement pursuant to this subsection, the mortgage broker and his mortgage agents shall not accept money from the private investor for that loan until the mortgage broker receives notice from the commissioner that the financial statement has been released to the private investor.

    4.  [An] A private investor and a mortgage broker or mortgage agent may not agree to alter or waive the provisions of this section by contract or other agreement. Any such contract or agreement is void and must not be given effect to the extent that it violates the provisions of this section.

    5.  A mortgage broker shall retain a copy of each disclosure form that is signed and dated pursuant to subsection 1 for the period that is prescribed in the regulations adopted by the commissioner.

    6.  The standard provisions for each such disclosure form must include, without limitation, statements:

    (a) Explaining the risks of investing through the mortgage broker, including, without limitation:

        (1) The possibility that the debtor may default on the loan;

        (2) The nature of the losses that may result through foreclosure;

        (3) The fact that payments of principal and interest are not guaranteed and that the private investor may lose the entire amount of principal that he has invested;

        (4) The fact that the mortgage broker is not a depository financial institution and that the investment is not insured by any depository insurance and is not otherwise insured or guaranteed by the federal or state government; and

        (5) Any other information required pursuant to the regulations adopted by the commissioner; and

    (b) Disclosing to the private investor the following information if the information is known or, in light of all the surrounding facts and circumstances, reasonably should be known to the mortgage broker:

        (1) Whether the real property that will secure the loan is encumbered by any other liens and, if so, the priority of each such lien, the amount of debt secured by each such lien and the current status of that debt, including, without limitation, whether the debt is being paid or is in default;

        (2) Whether the mortgage broker or any general partner, officer, director or mortgage agent of the mortgage broker has any direct or indirect interest in the debtor;

        (3) Whether any disciplinary action has been taken by the commissioner against the mortgage broker or any general partner, officer or director of the mortgage broker within the immediately preceding 12 months, and the nature of any such disciplinary action;

        (4) Whether the mortgage broker or any general partner, officer or director of the mortgage broker has been convicted within the immediately preceding 12 months for violating any law, ordinance or regulation that involves fraud, misrepresentation or a deceitful, fraudulent or dishonest business practice; and

        (5) Any other information required pursuant to the regulations adopted by the commissioner.

    7.  Whether or not a mortgage broker is required to disclose any information to private investors through a disclosure form that complies with the provisions of this section, the commissioner may order the mortgage broker to disclose to private investors and other investors or to the general public any information concerning the mortgage broker, any general partner, officer, director or mortgage agent of the mortgage broker or any loan in which the mortgage broker is or has been involved, if the commissioner, in his judgment, believes that the information:

    (a) Would be of material interest to a reasonable investor who is deciding whether to invest money with the mortgage broker; or

    (b) Is necessary to protect the welfare of the public.

    8.  In carrying out the provisions of subsection 7, the commissioner may, without limitation, order a mortgage broker to include statements of disclosure prescribed by the commissioner:

    (a) In the disclosure form that must be given to private investors pursuant to subsection 1;

    (b) In additional disclosure forms that must be given to private investors and other investors before or after they have invested money through the mortgage broker; or

    (c) In any advertisement that the mortgage broker uses in carrying on his business.

    9.  The commissioner:

    (a) Shall adopt regulations prescribing the period for which a mortgage broker must retain a copy of each disclosure form that is given to private investors; and

    (b) May adopt any other regulations that are necessary to carry out the provisions of this section, including, without limitation, regulations specifying the size of print and any required formatting or typesetting that a mortgage broker must use in any form that is given to private investors.

    Sec. 11. NRS 645B.189 is hereby amended to read as follows:

    645B.189  1.  [Each] If, in carrying on his business, a mortgage broker uses an advertisement that is designed, intended or reasonably likely to solicit money from private investors, the mortgage broker shall include in each such advertisement [that the mortgage broker uses in carrying on his business:

    (a) A] a statement of disclosure in substantially the following form:

Money invested through a mortgage broker is not guaranteed to earn any interest or return and is not insured.

    [(b) Any other]

    2.  A mortgage broker shall include in each advertisement that the mortgage broker uses in carrying on his business any statements of disclosure required pursuant to the regulations adopted by the commissioner or required pursuant to an order of the commissioner entered in accordance with subsections 7 and 8 of NRS 645B.185.

    [2.] 3. Each mortgage broker shall submit any proposed advertisement that the mortgage broker intends to use in carrying on his business to the commissioner for approval.

    [3.] 4. In addition to the requirements set forth in this chapter, each advertisement that a mortgage broker uses in carrying on his business must comply with the requirements of:

    (a) NRS 598.0903 to 598.0999, inclusive, concerning deceptive trade practices; and

    (b) Any applicable federal statute or regulation concerning deceptive advertising and the advertising of interest rates.

    [4.] 5. If a mortgage broker violates any provision of NRS 598.0903 to 598.0999, inclusive, concerning deceptive trade practices or any federal statute or regulation concerning deceptive advertising or the advertising of interest rates, in addition to any sanction or penalty imposed by state or federal law upon the mortgage broker for the violation, the commissioner may take any disciplinary action set forth in subsection 2 of NRS 645B.670 against the mortgage broker.

    [5.] 6. The commissioner may adopt any regulations that are necessary to carry out the provisions of this section.

    Sec. 12. NRS 645B.330 is hereby amended to read as follows:

    645B.330  1.  A mortgage broker or mortgage agent shall not engage in any act or transaction on behalf of [an] a private investor pursuant to a power of attorney unless:

    (a) The power of attorney is executed for the sole purpose of providing services for [loans] not more than one specific loan in which the private investor owns a beneficial interest; and

    (b) The provisions of the power of attorney:

        (1) Have been approved by the commissioner;

        (2) Expressly prohibit the mortgage broker and his mortgage agents from engaging in any act or transaction that subordinates the priority of a recorded deed of trust unless, before such an act or transaction, the mortgage broker obtains written approval for the subordination from the private investor;

        (3) Expressly prohibit the mortgage broker and his mortgage agents from using or releasing any money in which the private investor owns a beneficial interest with regard to [a] the specific loan for a purpose that is not directly related to providing services for the loan unless, before any such money is used or released for another purpose, the mortgage broker obtains written approval from the private investor to use or release the money for the other purpose; and

        (4) Expressly provide that the power of attorney is effective only for [a period of not more than 6 months unless, before the date on which the period expires, the mortgage broker obtains written approval from the investor to extend the power of attorney for an additional period of not more than 6 months. The mortgage broker may, on a continuing basis, obtain written approval from the investor to extend the power of attorney for one or more consecutive periods of not more than 6 months each, except that the investor may execute only one written approval for an extension during each such 6-month period.] the term of the specific loan unless the mortgage broker obtains written approval from the private investor to extend the term of the power of attorney to provide services for not more than one other loan and the written approval:

            (I) Identifies the loan for which the power of attorney was executed; and

            (II) Identifies the loan for which the written approval is being given.

    2.  A mortgage broker or mortgage agent shall not act as the attorney in fact or the agent of [an] a private investor with respect to the giving of written approval pursuant to paragraph (b) of subsection 1. [An] A private investor and a mortgage broker or mortgage agent may not agree to alter or waive the provisions of this section by contract or other agreement. Any such contract or agreement is void and must not be given effect to the extent that it violates the provisions of this section.

    3.  [A] Except as otherwise provided in subsection 4, a power of attorney which designates a mortgage broker or mortgage agent as the attorney in fact or the agent of [an] a private investor and which violates the provisions of this section is void and must not be given effect with regard to any act or transaction that occurs on or after October 1, 1999, whether or not the power of attorney is or has been executed by the private investor before, on or after October 1, 1999.

    4.  The provisions of subsection 3 do not apply to a power of attorney that designates a mortgage broker or mortgage agent as the attorney in fact or the agent of a private investor if the power of attorney:

    (a) Was executed before July 1, 2001; and

    (b) Complied with the provisions of this section that were in effect on October 1, 1999.

    5.  The provisions of this section do not limit the right of [an] a private investor to include provisions in a power of attorney that are more restrictive than the provisions set forth in subsection 1.

    Sec. 13. NRS 645B.450 is hereby amended to read as follows:

    645B.450  1.  A person shall not act as or provide any of the services of a mortgage agent or otherwise engage in, carry on or hold himself out as engaging in or carrying on the activities of a mortgage agent if the person:

    (a) Has been convicted of, or entered a plea of nolo contendere to, a felony or any crime involving fraud, misrepresentation or moral turpitude; or

    (b) Has had a financial services license or registration suspended or revoked within the immediately preceding 10 years.

    2.  A mortgage agent may not be associated with or employed by more than one mortgage broker at the same time.

    3.  A mortgage broker shall register with the division each person who will be associated with or employed by the mortgage broker as a mortgage agent. A mortgage broker shall register each such person with the division when the person begins his association or employment with the mortgage broker and annually thereafter. A registration expires 12 months after its effective date.

    4.  To register a person as a mortgage agent, a mortgage broker must:

    (a) Submit to the division a registration form which is provided by the division and which:

        (1) States the name, residence address and business address of the person;

        (2) Is signed by the person;

        (3) Includes a provision by which the person gives his written consent to an investigation of his credit history, criminal history and background; and

        (4) Includes any other information or supporting materials required by the regulations adopted by the commissioner. Such information or supporting materials may include, without limitation, a complete set of fingerprints from the person, the social security number of the person and other forms of identification of the person . [; and

    (b) Pay]

    (b) For each initial registration, pay the actual costs and expenses incurred by the division to investigate the credit history, criminal history and background of the person. All money received pursuant to this paragraph must be placed in the investigative account created by NRS 232.545.

    [4.] (c) For each annual registration, submit to the division satisfactory proof that the person attended at least 5 hours of certified courses of continuing education during the 12 months immediately preceding the date on which the registration expires.

    5.  Not later than the date on which the mortgage broker submits the information for annual registration required by subsection 4, the person being registered shall pay an annual registration fee of $125. If the person does not pay the annual registration fee, the person shall be deemed to be unregistered for the purposes of this chapter.

    6. A mortgage broker shall not employ a person as a mortgage agent or authorize a person to be associated with the mortgage broker as a mortgage agent if the mortgage broker has not registered the person with the division pursuant to [subsection 3] this section or if the person:

    (a) Has been convicted of, or entered a plea of nolo contendere to, a felony or any crime involving fraud, misrepresentation or moral turpitude; or

    (b) Has had a financial services license or registration suspended or revoked within the immediately preceding 10 years.

    [5.] 7. If a mortgage agent terminates his association or employment with a mortgage broker for any reason, the mortgage broker shall, not later than the [end of the next] third business day following the date of termination:

    (a) Deliver to the mortgage agent or send by certified mail to the last known residence address of the mortgage agent a written statement which advises him that his termination is being reported to the division; and

    (b) Deliver or send by certified mail to the division:

        (1) A written statement of the circumstances surrounding the termination; and

        (2) A copy of the written statement that the mortgage broker delivers or mails to the mortgage agent pursuant to paragraph (a).

    8.  As used in this section, “certified course of continuing education” has the meaning ascribed to it in section 4 of this act.

    Sec. 14. NRS 645B.460 is hereby amended to read as follows:

    645B.460  1.  A mortgage broker shall[:

    1.  Teach his mortgage agents the fundamentals of mortgage lending and the ethics of the profession; and

    2.  Supervise] exercise reasonable supervision over the activities of his mortgage agents . [and the operation of his business.] Such reasonable supervision must include, as appropriate:

    (a) The establishment of written or oral policies and procedures for his mortgage agents; and

    (b) The establishment of a system to review, oversee and inspect the activities of his mortgage agents, including, without limitation:

        (1) Transactions handled by his mortgage agents pursuant to this chapter;

        (2) Communications between his mortgage agents and a party to such a transaction;

        (3) Documents prepared by his mortgage agents that may have a material effect upon the rights or obligations of a party to such a transaction; and

        (4) The handling by his mortgage agents of any fee, deposit or money paid to the mortgage broker or his mortgage agents or held in trust by the mortgage broker or his mortgage agents pursuant to this chapter.

    2.  The commissioner shall allow a mortgage broker to take into consideration the total number of mortgage agents associated with or employed by the mortgage broker when the mortgage broker determines the form and extent of the policies and procedures for those mortgage agents and the system to review, oversee and inspect the activities of those mortgage agents.

    3.  The commissioner may adopt regulations prescribing standards for determining whether a mortgage broker has exercised reasonable supervision over the activities of a mortgage agent pursuant to this section.

    Sec. 15.  NRS 645B.600 is hereby amended to read as follows:

    645B.600  1.  A person may[, in accordance with the regulations adopted pursuant to subsection 2,] file with the commissioner a complaint [with the commissioner,] alleging that another person has violated a provision of this chapter, a regulation adopted pursuant to this chapter or an order of the commissioner.

    2.  [The commissioner shall adopt regulations prescribing:

    (a) The form that such a complaint must take;

    (b) The information that must be included in such a complaint; and

    (c) The procedures that a person must follow to file such a complaint.] A complaint filed pursuant to this section must:

    (a) Be in writing;

    (b) Be signed by the person filing the complaint or the authorized representative of the person filing the complaint;

    (c) Contain an address and a telephone number for the person filing the complaint or the authorized representative of the person filing the complaint;

    (d) Describe the nature of the alleged violation in as much detail as possible;

    (e) Include as exhibits copies of all documentation supporting the complaint; and

    (f) Include any other information or supporting materials required by the regulations adopted by the commissioner or by an order of the commissioner.

    Sec. 16. NRS 645B.670 is hereby amended to read as follows:

    645B.670  Except as otherwise provided in NRS 645B.690:

    1.  For each violation committed by an applicant, whether or not he is issued a license, the commissioner may impose upon the applicant an administrative fine of not more than $10,000, if the applicant:

    (a) Has knowingly made or caused to be made to the commissioner any false representation of material fact;

    (b) Has suppressed or withheld from the commissioner any information which the applicant possesses and which, if submitted by him, would have rendered the applicant ineligible to be licensed pursuant to the provisions of this chapter; or

    (c) Has violated any provision of this chapter, a regulation adopted pursuant to this chapter or an order of the commissioner in completing and filing his application for a license or during the course of the investigation of his application for a license.

    2.  For each violation committed by a licensee, the commissioner may impose upon the licensee an administrative fine of not more than $10,000, may suspend, revoke or place conditions upon his license, or may do both, if the licensee, whether or not acting as such:

    (a) Is insolvent;

    (b) Is grossly negligent or incompetent in performing any act for which he is required to be licensed pursuant to the provisions of this chapter;

    (c) Does not conduct his business in accordance with law or has violated any provision of this chapter, a regulation adopted pursuant to this chapter or an order of the commissioner;

    (d) Is in such financial condition that he cannot continue in business with safety to his customers;

    (e) Has made a material misrepresentation in connection with any transaction governed by this chapter;

    (f) Has suppressed or withheld from a client any material facts, data or other information relating to any transaction governed by the provisions of this chapter which the licensee knew or, by the exercise of reasonable diligence, should have known;

    (g) Has knowingly made or caused to be made to the commissioner any false representation of material fact or has suppressed or withheld from the commissioner any information which the licensee possesses and which, if submitted by him, would have rendered the licensee ineligible to be licensed pursuant to the provisions of this chapter;

    (h) Has failed to account to persons interested for all money received for a trust account;

    (i) Has refused to permit an examination by the commissioner of his books and affairs or has refused or failed, within a reasonable time, to furnish any information or make any report that may be required by the commissioner pursuant to the provisions of this chapter or a regulation adopted pursuant to this chapter;

    (j) Has been convicted of, or entered a plea of nolo contendere to, a felony or any crime involving fraud, misrepresentation or moral turpitude;

    (k) Has refused or failed to pay, within a reasonable time, any fees, assessments, costs or expenses that the licensee is required to pay pursuant to this chapter or a regulation adopted pursuant to this chapter;

    (l) Has failed to satisfy a claim made by a client which has been reduced to judgment;

    (m) Has failed to account for or to remit any money of a client within a reasonable time after a request for an accounting or remittal;

    (n) Has commingled the money or other property of a client with his own or has converted the money or property of others to his own use;

    (o) Has engaged in any other conduct constituting a deceitful, fraudulent or dishonest business practice;

    (p) Has repeatedly violated the policies and procedures of the mortgage broker;

    (q) Has failed to [maintain adequate] exercise reasonable supervision over the activities of a mortgage agent [;] as required by NRS 645B.460;

    (r) Has instructed a mortgage agent to commit an act that would be cause for the revocation of the license of the mortgage broker, whether or not the mortgage agent commits the act;

    (s) Has employed a person as a mortgage agent or authorized a person to be associated with the licensee as a mortgage agent at a time when the licensee knew or, in light of all the surrounding facts and circumstances, reasonably should have known that the person:

        (1) Had been convicted of, or entered a plea of nolo contendere to, a felony or any crime involving fraud, misrepresentation or moral turpitude; or

        (2) Had a financial services license or registration suspended or revoked within the immediately preceding 10 years; or

    (t) Has not conducted verifiable business as a mortgage broker for 12 consecutive months, except in the case of a new applicant. The commissioner shall determine whether a mortgage broker is conducting business by examining the monthly reports of activity submitted by the licensee or by conducting an examination of the licensee.

    Sec. 17. NRS 645B.700 is hereby amended to read as follows:

    645B.700  1.  Except as otherwise provided in subsection 2, for each violation that may be committed by a person pursuant to this chapter or the regulations adopted pursuant to this chapter, the commissioner [shall] may adopt regulations:

    (a) Categorizing the violation as a major violation or a minor violation; and

    (b) Specifying the disciplinary action that will be taken by the commissioner pursuant to this chapter against a person who commits:

        (1) A major violation. The disciplinary action taken by the commissioner for a major violation [must] may include, without limitation, suspension or revocation of the person’s license.

        (2) More than two minor violations. The commissioner may establish graduated sanctions for a person who commits more than two minor violations based upon the number, the frequency and the severity of the minor violations and whether the person previously has committed any major violations.

    2.  The provisions of this section do not apply to a violation for which the commissioner is required to take disciplinary action in accordance with NRS 645B.690.

    Sec. 18. Section 139 of chapter 646, Statutes of Nevada 1999, at page 3816, is hereby amended to read as follows:

    Sec. 139.  1.  This section and section 130.5 of this act become effective upon passage and approval for the purpose of adopting any regulations necessary to carry out the provisions of this act, and on September 30, 1999, for all other purposes.

    2.  Sections 1 to 101, inclusive, 103, 105 to 117, inclusive, 119 to 130, inclusive, and 131 to 138, inclusive, of this act become effective upon passage and approval for the purpose of adopting any regulations necessary to carry out the provisions of this act, and on October 1, 1999, for all other purposes.

    3.  Sections 102, 104 and 118 of this act become effective upon passage and approval for the purpose of adopting any regulations necessary to carry out the provisions of this act, and at 12:01 a.m. on October 1, 1999, for all other purposes.

    4.  Sections 15 and 33 of this act expire by limitation on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

    (a) Have failed to comply with a subpoena or warrant relating to a procedure to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

    (b) Are in arrears in the payment for the support of one or more children,

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are repealed by the Congress of the United States.

    [5.  Section 78.5 of this act expires by limitation on October 1, 2001.]

    Sec. 19. This act becomes effective on July 1, 2001.”.

    Amend the title of the bill to read as follows:

“AN ACT relating to financial institutions; revising various provisions regarding the regulation of mortgage brokers and mortgage agents; requiring the holder of certain escrows to obtain certain information from mortgage brokers and mortgage companies; requiring mortgage brokers and mortgage agents to attend certain courses of continuing education; authorizing the commissioner of financial institutions to adopt regulations to increase certain fees for mortgage brokers in certain circumstances; revising provisions relating to certain advertisements and disclosures by mortgage brokers; revising provisions concerning certain powers of attorney; requiring mortgage brokers to register their mortgage agents with the division of financial institutions of the department of business and industry on an annual basis; requiring mortgage agents to pay an annual registration fee; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

“SUMMARY—Revises various provisions regarding regulation of mortgage brokers and mortgage agents. (BDR 54‑491)”.

    Assemblyman Dini moved that the Assembly concur in the Senate amendment to Assembly Bill No. 324.

    Remarks by Assemblyman Dini.

    Motion carried by a constitutional majority.

    Bill ordered to enrollment.

Appointment of Conference Committees

    Mr. Speaker appointed Assemblymen Giunchigliani, Bache and Von Tobel as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Senate Bill No. 565.

    Mr. Speaker appointed Assemblymen Buckley, Brown and Smith as a second Conference Committee to meet with a like committee of the Senate for the further consideration of Assembly Bill No. 219.

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblywoman Buckley moved that Senate Bill No. 306 be placed on the General File.

    Motion carried.

    Assemblywoman Buckley moved that all rules be suspended and that Assembly Bills Nos. 615 and 669 be declared an emergency measure under the Constitution and placed on third reading and final passage.

    Motion carried unanimously.

general file and third reading

    Senate Bill No. 433.

    Bill read third time.

    Roll call on Senate Bill No. 433:

    Yeas—40.

    Nays—None.

    Excused—Freeman, Humke—2.

    Senate Bill No. 433 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 442.

    Bill read third time.

    Roll call on Senate Bill No. 442:

    Yeas—40.

    Nays—None.

    Excused—Freeman, Humke—2.

    Senate Bill No. 442 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 446.

    Bill read third time.

    Roll call on Senate Bill No. 446:

    Yeas—40.

    Nays—None.

    Excused—Freeman, Humke—2.

    Senate Bill No. 446 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 449.

    Bill read third time.

    Roll call on Senate Bill No. 449:

    Yeas—40.

    Nays—None.

    Excused—Freeman, Humke—2.

    Senate Bill No. 449 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 462.

    Bill read third time.

    Roll call on Senate Bill No. 462:

    Yeas—40.

    Nays—None.

    Excused—Freeman, Humke—2.

    Senate Bill No. 462 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 463.

    Bill read third time.

    Roll call on Senate Bill No. 463:

    Yeas—40.

    Nays—None.

    Excused—Freeman, Humke—2.

    Senate Bill No. 463 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 498.

    Bill read third time.

    Roll call on Senate Bill No. 498:

    Yeas—40.

    Nays—None.

    Excused—Freeman, Humke—2.

    Senate Bill No. 498 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 579.

    Bill read third time.

    Roll call on Senate Bill No. 579:

    Yeas—40.

    Nays—None.

    Excused—Freeman, Humke—2.

    Senate Bill No. 579 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 581.

    Bill read third time.

    Roll call on Senate Bill No. 581:

    Yeas—40.

    Nays—None.

    Excused—Freeman, Humke—2.

    Senate Bill No. 581 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Assembly Joint Resolution No. 14.

    Bill read third time.

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

    Amendment No. 1217.

    Amend the resolution, page 1, line 2, after “25,” by inserting “26,”.

    Amend the resolution, page 3, between lines 14 and 15, by inserting:

    “Sec. 26.  The Legislature shall provide by law, for the election of a Board of County Commissioners in each County, and such County Commissioners shall jointly and individually perform such duties as may be prescribed by law. The compensation of the members of the Board of County Commissioners of each County must be fixed by the Board of County Commissioners in each respective County.”.

    Amend the resolution, page 3, by deleting line 49 and inserting:

“by law . [, which shall not be increased during the term”.

    Amend the resolution, page 4, line 1, by deleting “that commission.”.

    Amend the title of the bill, sixth line, by deleting “authorize” and inserting “require”.

    Assemblywoman Giunchigliani moved the adoption of the amendment.

    Remarks by Assemblywoman Giunchigliani.

    Amendment adopted.

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

    Assembly Bill No. 615.

    Bill read third time.

    Roll call on Assembly Bill No. 615:

    Yeas—35.

    Nays—Angle, Brown, Cegavske, Gustavson—4.

    Not    Voting—Goldwater.

    Excused—Freeman, Humke—2.

    Assembly Bill No. 615 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 669.

    Bill read third time.

    Roll call on Assembly Bill No. 669:

    Yeas—39.

    Nays—Anderson.

    Excused—Freeman, Humke—2.

    Assembly Bill No. 669 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 306.

    Bill read third time.

    Roll call on Senate Bill No. 306:

    Yeas—37.

    Nays—Giunchigliani, Parnell, Smith—3.

    Excused—Freeman, Humke—2.

    Senate Bill No. 306 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

REPORTS OF COMMITTEES

Mr. Speaker:

    Your Committee on Education, to which was referred Senate Bill No. 572, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Wendell P. Williams, Chairman

Mr. Speaker:

    Your Committee on Ways and Means, to which was referred Assembly Bill No. 606, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Morse Arberry Jr., Chairman

SECOND READING AND AMENDMENT

    Assembly Bill No. 606.

    Bill read second time.

    The following amendment was proposed by the Committee on Ways and Means:

    Amendment No. 1200.

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

    “Section 1. Chapter 2 of NRS is hereby amended by adding thereto a new section to read as follows:

    The annual base salary to which a justice of the supreme court described in subsection 1 of NRS 2.050 is entitled to receive must be cumulatively increased on July 1, 2003, and on July 1 of each year thereafter, by any percentage by which the average industrial hourly wage in the state increased during the previous fiscal year, as determined on July 1 of each year by the employment security division of the department of employment, training and rehabilitation.”.

    Amend sec. 6, page 3, by deleting lines 41 through 46 and inserting:

“$107,600.] an annual base salary of $150,000.”.

    Amend the bill as a whole by renumbering sec. 7 as sec. 8 and adding new sections designated sections 3 through 7, following sec. 6, to read as follows:

    “Sec. 3. NRS 2.060 is hereby amended to read as follows:

    2.060  1.  Any justice of the supreme court who has served as a justice or judge of a district court in any one or more of those courts for a period or periods aggregating 22 years and has ended such service is, after reaching the age of 60 years, entitled to receive annually from the State of Nevada, as a pension during the remainder of his life, a sum of money equal in amount to three-fourths the sum received as a salary for his judicial services during the last year thereof, payable every 2 weeks from money provided by direct legislative appropriation.

    2.  Any justice of the supreme court who has served as a justice or judge of a district court in any one or more of those courts for a period or periods aggregating 5 years and has ended such service is, after reaching the age of 60 years, entitled to receive annually from the State of Nevada, as a pension during the remainder of his life, a sum of money equal in amount to 4.1666 percent of the sum received as a salary for his judicial services during the last year thereof, payable every 2 weeks from money provided by direct legislative appropriation.

    3.  Any justice of the supreme court who qualifies for a pension under the provisions of subsection 2 is entitled to receive, for each year served beyond 5 years up to a maximum of 22 years, an additional 4.1666 percent of the sum received as a salary for his judicial services during the last year thereof, payable as provided in subsection 2.

    4.  Any justice who has retired pursuant to subsection 3 and is thereafter recalled to additional active service in the court system is entitled to receive credit toward accumulating 22 years’ service for the maximum pension based upon the time he actually spends in the additional active service.

    5.  Any justice who has the years of service necessary to retire but has not attained the required age may retire at any age with a benefit actuarially reduced to the required retirement age. A benefit under this subsection must be reduced in the same manner as benefits are reduced for persons retired under the public employees’ retirement system.

    6.  Any person receiving a pension pursuant to the provisions of this section is entitled to receive post-retirement increases equal to those provided for persons retired under the public employees’ retirement system.

    7.  Any justice who desires to receive the benefits of this section must file with the state controller and the state treasurer an affidavit setting forth the fact that he is ending his service, the date and place of his birth, and the years he has served in any district court or the supreme court.

    8.  Upon such notice and filing of the affidavit, the state controller shall draw his warrant, payable to the justice who has thus ended his service, upon the state treasurer for the sum due to him, and the state treasurer shall pay the sum out of money provided by direct legislative appropriation.

    9.  The faith of the State of Nevada is hereby pledged that this section shall not be repealed or amended so as to affect any justice who may have ended his service pursuant to it.

    10.  As used in this section, “salary” includes a salary received for service on a supreme court commission created by statute.

    Sec. 4.  NRS 2.410 is hereby amended to read as follows:

    2.410  1.  The supreme court law library shall be under the supervision and control of the supreme court, which may make and enforce such rules and regulations as may be necessary for the government, use and services of the library. Such rules or regulations shall assure that the library is accessible for public use and to users in all parts of the state.

    2.  There is hereby created a supreme court commission on law libraries. The chief justice of the supreme court shall appoint justices of the supreme court who are interested in issues related to improving access by the public to the law and legal publications to serve on the commission.

    3.  The supreme court commission on law libraries shall:

    (a) Advise the supreme court concerning the government, use and services of the supreme court law library, including, without limitation, any decisions made by the supreme court pursuant to subsection 1 and NRS 2.420 and 2.430;

    (b) Coordinate the development of materials to aid persons who choose to represent themselves in litigation and other legal matters rather than retaining an attorney; and

    (c) Provide assistance and advice to the district court commission on law libraries during its existence concerning the government, use and services of county law libraries.

    4.  The commission shall meet at least quarterly and shall prepare and submit an annual report to the administrative office of the courts.

    5.  On January 6, 2003, the chief justice of the supreme court shall appoint two justices of the supreme court to serve terms on the supreme court commission on law libraries which begin on January 6, 2003, and end on January 2, 2005, and three justices to serve terms which begin on January 6, 2003, and end on December 31, 2006. If a justice appointed pursuant to this subsection to serve on the supreme court commission on law libraries ceases to be a justice of the supreme court, his term as a member of the supreme court commission on law libraries expires on the date that he ceases to be a justice of the supreme court. Such a vacancy on the supreme court commission on law libraries may only be filled by the person appointed to fill the vacancy on the supreme court and only for the remainder of the term for which he is appointed and actually serves.

    6.  Each member of the supreme court commission on law libraries who is appointed pursuant to subsection 5 is entitled to receive a salary of $32,400 for each year that he serves on the commission, payable in biweekly installments.

    Sec. 5.  Chapter 3 of NRS is hereby amended by adding thereto the provisions set forth as sections 6 and 7 of this act.

    Sec. 6. The annual base salary to which a district judge is entitled pursuant to subsection 1 of NRS 3.030 must be cumulatively increased on July 1, 2003, and on July 1 of each year thereafter, by any percentage by which the average industrial hourly wage in the state increased during the previous fiscal year, as determined on July 1 of each year by the employment security division of the department of employment, training and rehabilitation.

    Sec. 7. 1.  There is hereby created a district court commission on law libraries. The commission shall:

    (a) Make recommendations to and otherwise advise generally the boards of law library trustees established pursuant to chapter 380 of NRS concerning policies and procedures related to improving access by the public to the law and legal publications;

    (b) Coordinate the development of materials to aid persons who choose to represent themselves in litigation and other legal matters rather than retaining an attorney; and

    (c) In a county in which the board of county commissioners governs and manages a law library, make recommendations to and otherwise advise the board of county commissioners concerning any issues that arise as the board manages the law library, carries out its duties set forth in chapter 380 of NRS or exercises any power granted to a board of law library trustees pursuant to chapter 380 of NRS and concerning policies and procedures related to improving access by the public to the law and legal publications.

    2.  The district court commission on law libraries shall meet at least quarterly and shall prepare and submit an annual report to the administrative office of the courts.

    3.  On January 6, 2003, the:

    (a) Chief judge of the second judicial district shall appoint two district judges from the second judicial district to serve terms on the district court commission on law libraries which begin on January 6, 2003, and end on January 2, 2005; and

    (b) Chief judge of the eighth judicial district shall appoint six district judges from the eighth judicial district to serve terms on the district court commission on law libraries which begin on January 6, 2003, and end on January 2, 2005.

If a district judge appointed pursuant to this subsection to serve on the district court commission on law libraries ceases to be a district judge, his term as a member of the district court commission on law libraries expires on the date that he ceases to be a district judge. Such a vacancy on the district court commission on law libraries may only be filled by the person appointed to fill the vacancy on the district court and only for the remainder of the term for which he is appointed and actually serves.

    4.  On or after January 6, 2003, the chief judge of any other judicial district may appoint one district judge to serve on the district court commission on law libraries.

    5.  Each member of the district court commission on law libraries who was appointed pursuant to subsection 3 is entitled to receive a salary of $30,000 for each year that he serves on the commission, payable in biweekly installments.”.

    Amend sec. 7, page 4, by deleting lines 22 through 26 and inserting:

“$130,000.”.

    Amend the bill as a whole by renumbering sections 8 and 9 as sections 10 and 11 and adding a new section designated sec. 9, following sec. 7, to read as follows:

    “Sec. 9. NRS 3.090 is hereby amended to read as follows:

    3.090  1.  Any judge of the district court who has served as a justice of the supreme court or judge of a district court in any one or more of those courts for a period or periods aggregating 22 years and has ended such service is, after reaching the age of 60 years, entitled to receive annually from the State of Nevada, as a pension during the remainder of his life, a sum of money equal in amount to three-fourths the sum received as a salary for his judicial services during the last year thereof, payable every 2 weeks from money provided by direct legislative appropriation.

    2.  Any judge of the district court who has served as a justice of the supreme court or judge of a district court in any one or more of those courts for a period or periods aggregating 5 years and has ended such service is, after reaching the age of 60 years, entitled to receive annually from the State of Nevada, as a pension during the remainder of his life, a sum of money equal in amount to 4.1666 percent of the sum received as a salary for his judicial services during the last year thereof, payable every 2 weeks from money provided by direct legislative appropriation.

    3.  Any judge of the district court who qualifies for a pension under the provisions of subsection 2 is entitled to receive, for each year served beyond 5 years up to a maximum of 22 years, an additional 4.1666 percent of the sum received as a salary for his judicial services during the last year thereof, payable as provided in subsection 2.

    4.  Any judge who has retired pursuant to subsection 3 and is thereafter recalled to additional active service in the court system is entitled to receive credit toward accumulating 22 years’ service for the maximum pension based upon the time he actually spends in the additional active service.

    5.  Any district judge who has the years of service necessary to retire but has not attained the required age may retire at any age with a benefit actuarially reduced to the required retirement age. A retirement benefit under this subsection must be reduced in the same manner as benefits are reduced for persons retired under the public employees’ retirement system.

    6.  Any person receiving a pension pursuant to the provisions of this section is entitled to receive post-retirement increases equal to those provided for persons retired in the public employees’ retirement system.

    7.  Any judge of the district court who desires to receive the benefits of this section must file with the state controller and the state treasurer an affidavit setting forth the fact that he is ending his service, the date and place of his birth, and the years he has served in any district court or the supreme court.

    8.  Upon such notice and filing of the affidavit, the state controller shall draw his warrant, payable to the judge who has thus ended his service, upon the state treasurer for the sum due to him, and the state treasurer shall pay the sum out of money provided by direct legislative appropriation.

    9.  The faith of the State of Nevada is hereby pledged that this section shall not be repealed or amended so as to affect any judge of the district court who may have ended his service pursuant to it.

    10.  As used in this section, “salary” includes a salary received for service on a district court commission created by statute.”.

    Amend sec. 8, page 4, by deleting lines 37 through 39 and inserting:

    “1.  Except as otherwise provided in subsection 2, each senator and assemblyman is entitled to receive as compensation [$130] $175 per day for each day of service:”.

    Amend sec. 8, page 5, by deleting lines 1 through 11 and inserting:

    “2.  Each senator or assemblyman elected before November 5, 2002, or appointed to succeed a senator or assemblyman elected before November 5, 2002, is entitled to receive as compensation $130 per day for each day of service:

    (a) During any regular session, for the number of days the legislature is in session, or in adjournment for not more than 3 days, or the maximum number of days for which compensation for a regular session is permitted by the constitution, whichever is smaller; and

    (b) During any special session, for the number of days the legislature is in session or the maximum number of days for which compensation for a special session is permitted by the constitution, whichever is smaller.”.

    Amend sec. 9, page 5, by deleting lines 13 through 33 and inserting:

    “218.210  [1.  Except as otherwise provided in subsection 2, each] Each senator and assemblyman is entitled to receive as compensation $175 per day for each day of service:

    [(a)] 1.  During any regular session, for the number of days the legislature is in session, or in adjournment for not more than 3 days, or the maximum number of days for which compensation for a regular session is permitted by the constitution, whichever is smaller; and

    [(b)] 2.  During any special session, for the number of days the legislature is in session or the maximum number of days for which compensation for a special session is permitted by the constitution, whichever is smaller.

    [2.  Each senator or assemblyman elected before November 5, 2002, or appointed to succeed a senator or assemblyman elected before November 5, 2002, is entitled to receive as compensation $130 per day for each day of service:

    (a) During any regular session, for the number of days the legislature is in session, or in adjournment for not more than 3 days, or the maximum number of days for which compensation for a regular session is permitted by the constitution, whichever is smaller; and

    (b) During any special session, for the number of days the legislature is in session or the maximum number of days for which compensation for a special session is permitted by the constitution, whichever is smaller.]”.

    Amend the bill as a whole by renumbering sections 10 and 11 as sections 18 and 19 and adding new sections designated sections 12 through 17, following sec. 9, to read as follows:

    “Sec. 12. NRS 223.050 is hereby amended to read as follows:

    223.050  Until the first Monday in January [1999,] 2003, the governor is entitled to receive an annual salary of [$90,000.] $117,000. From and after the first Monday in January [1999,] 2003, the governor is entitled to receive an annual salary of [$117,000.] $129,000.

    Sec. 13. NRS 224.050 is hereby amended to read as follows:

    224.050  1.  Until the first Monday in January [1999,] 2003, the lieutenant governor is entitled to receive an annual salary of [$20,000.] $50,000. From and after the first Monday in January [1999,] 2003, the lieutenant governor is entitled to receive an annual salary of [$50,000.] $55,000.

    2.  In addition to the annual salary provided for in subsection 1, the lieutenant governor is entitled to receive the compensation provided for a majority of the members of the legislature during the first 60 days of the session and the per diem allowance and travel expenses authorized for the members of the legislature.

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

    Sec. 14. NRS 225.050 is hereby amended to read as follows:

    225.050  Until the first Monday in January [1999,] 2003, the secretary of state is entitled to receive an annual salary of [$62,500.] $80,000. From and after the first Monday in January [1999,] 2003, the secretary of state is entitled to receive an annual salary of [$80,000.] $88,000.

    Sec. 15. NRS 226.090 is hereby amended to read as follows:

    226.090  Until the first Monday in January [1999,] 2003, the state treasurer is entitled to receive an annual salary of [$62,500.] $80,000. From and after the first Monday in January [1999,] 2003, the state treasurer is entitled to receive an annual salary of [$80,000.] $88,000.

    Sec. 16. NRS 227.060 is hereby amended to read as follows:

    227.060  Until the first Monday in January [1999,] 2003, the state controller is entitled to receive an annual salary of [$62,500.] $80,000. From and after the first Monday in January [1999,] 2003, the state controller is entitled to receive an annual salary of [$80,000.] $88,000.

    Sec. 17. NRS 228.070 is hereby amended to read as follows:

    228.070  1.  Until the first Monday in January [1999,] 2003, the attorney general is entitled to receive an annual salary of [$85,000.] $110,000. From and after the first Monday in January [1999,] 2003, the attorney general is entitled to receive an annual salary of [$110,000.] $121,000.

    2.  Except as otherwise provided in NRS 7.065, the attorney general shall not engage in the private practice of law.”.

    Amend sec. 10, pages 6 and 7, by deleting lines 27 through 46 on page 6 and lines 1 through 17 on page 7, and inserting:

“1    Clark                             $68,580$139,104               $115,920               $91,440$91,440$91,440$91,440$91,440

2  Washoe                              50,292   132,480107,64083,820   83,820   83,820   83,820   83,820

3  Carson City                      22,860   99,857   82,800   65,227   65,227   - - - - -     65,227   - - - - -

    Churchill                          22,860   99,857   82,800   65,227   65,227   65,227   - - - - -     - - - - -

    Douglas                             22,860   99,857   82,800   65,227   65,227   65,227   - - - - -     - - - - -

    Elko                   22,860   99,857   82,800   65,227   65,227   65,227   65,227   - - - - -

    Lyon                   22,860   99,857   82,800   65,227   65,227   65,227   - - - - -     - - - - -

    Nye     22,860   99,857   82,800   65,227   65,227   65,227   65,227   - - - - -

    Humboldt                          22,860   94,309   74,520   65,227   65,227   65,227   65,227   - - - - -

4  Lander                               22,860   94,309   74,520   54,407   54,407   54,407   54,407   - - - - -

    White Pine                        22,860   94,309   74,520   54,407   54,407   54,407   54,407   - - - - -

5  Eureka                               19,355   83,214   59,616   48,768   48,768   48,768   - - - - -     - - - - -

    Lincoln                              19,355   83,214   59,616   48,768   48,768   48,768   48,768   - - - - -

    Mineral                             19,355   83,214   59,616   48,768   48,768   48,768   - - - - -     - - - - -

    Pershing                            19,355   83,214   59,616   48,768   48,768   48,768   - - - - -     - - - - -

    Storey                                19,355   76,581   59,616   48,768   48,768   48,768   - - - - -     - - - - -

6  Esmeralda                         15,240   66,074   52,992   42,672   42,672   42,672   - - - - -     - - - - -

    3.  Upon a determination by the board of county commissioners pursuant to subsection 4 to implement the increase provided in this subsection or the denial of a waiver requested pursuant to subsection 5, the annual salaries of the elected officers of the county set forth in subsection 2 must be increased on July 1, 2002, and each July 1 thereafter by the lesser of:

    (a) The average percentage by which the salaries of all employees of the county were increased during the previous fiscal year; or

    (b) The percentage by which the average hourly wage in the county increased during the previous fiscal year, as determined on July 1 of each year by the employment security division of the department of employment, training and rehabilitation.

Increases in the annual salaries of the elected officers of the county required pursuant to this section are cumulative.

    4.  At a regular meeting held on or before July 1 of each fiscal year, the board of county commissioners shall:

    (a) Implement an increase in the annual salaries of the elected officers of the county based on the calculation set forth in subsection 3, if any; or

    (b) Request a waiver pursuant to subsection 5 from the requirement of implementing all or part of the increase in the salaries.

    5.  The board of county commissioners may apply to the committee on local government finance for a waiver from the requirement of granting all or part of an increase in the annual salaries of the elected officers of the county for the next fiscal year pursuant to subsection 3 if the board determines that the financial resources of the county are insufficient to pay the increase in the next fiscal year. The committee on local government finance shall grant such a waiver if it finds that the financial resources of the county are insufficient to pay the entire increase in the next fiscal year.”.

    Amend the bill as a whole by deleting sections 12 and 13, renumbering sections 14 and 15 as sections 24 and 25, and adding new sections designated sections 20 through 23, following sec. 11, to read as follows:

    “Sec. 20. NRS 245.044 is hereby repealed.

    Sec. 21. 1.  There is hereby appropriated from the state general fund to the district judges salary account the sum of $156,150 for the payment of the salaries of the members of the district court commission on law libraries.

    2.  There is hereby appropriated from the state general fund to the supreme court the sum of $97,538 for the payment of the salaries of the members of the supreme court commission on law libraries.

    3.  Any remaining balance of the appropriations made by subsections 1 and 2 must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.

    Sec. 22. Notwithstanding the provisions of section 20 of this act that repeal NRS 245.044, an elected county officer who is serving a term of office on July 1, 2001, and who is eligible to receive the additional salary provided in NRS 245.044 were entitled to continue to receive credit for service for the calculation of that additional salary until the expiration of his current term and his salary must be increased accordingly as if NRS 245.044 were not repealed by this act. For each calendar year that an elected officer serves after the expiration of the term which he is serving as of July 1, 2001, the board of county commissioners shall continue to pay the additional salary of the elected officer based on the percentage of additional salary payable to the elected officer pursuant to this section in the final year of his current term.

    Sec. 23.  1.  At the first regular meeting of the board of county commissioners of a county on or after the effective date of this section, the board shall determine whether to:

    (a) Implement the annual salaries of the elected officers of the county set forth in subsection 2 of  NRS 245.043, as amended by this act; or

    (b) Request a waiver from all or part of the increases set forth in subsection 2 of NRS 245.043, as amended by this act, in the manner set forth in subsection 2.

    2.  The board of county commissioners of a county may apply to the committee on local government finance for a waiver from all or part of the increases set forth in subsection 2 of NRS 245.043, as amended by this act, in fiscal year 2001-2002 if the board determines that the financial resources of the county are insufficient to pay the increases set forth in that subsection in fiscal year 2001-2002. The committee on local government finance shall grant such a waiver for a period of not more than 1 year if it finds that the financial resources of the county are insufficient to pay the entire amount of the increases set forth in subsection 2 of NRS 245.043, as amended by this act, in fiscal year 2001-2002. The board of county commissioners may apply to the committee on local government finance for one or more extensions of the waiver granted to the county pursuant to this section. The committee on local government finance shall extend such a waiver for a period of not more than 1 year for each requested extension if it finds that the financial resources of the county continue to be insufficient to pay the entire amount of the increases set forth in subsection 2 of NRS 245.043, as amended by this act.”.

    Amend sec. 15, page 8, by deleting lines 13 through 15 and inserting:

    “Sec. 25. 1.  This section and section 23 of this act become effective upon passage and approval.

    2.  Sections 2, 5, 8, 10, 12 to 20, inclusive, 22 and 24 of this act become effective on July 1, 2001.

    3.  Sections 1 and 6 of this act:

    (a) Become effective on July 1, 2001; and

    (b) Expire by limitation on June 30, 2005, if the constitutional amendments proposed by Assembly Joint Resolution No. 14 of this session are approved by the voters at the general election on November 2, 2004.

    4.  Section 21 of this act becomes effective on July 1, 2002.

    5.  Sections 3 and 4 of this act become effective on January 6, 2003, and expire by limitation on December 31, 2006.

    6.  Sections 7 and 9 of this act become effective on January 6, 2003, and expire by limitation on January 2, 2005.

    7.  Section 11 of this act becomes effective on November 2, 2004.”.

    Amend the bill as a whole by adding the text of the repealed section, following sec. 15, to read as follows:

“

TEXT OF REPEALED SECTION

    245.044  Payment for longevity for elected county officers.

    1.  On and after July 1, 1973, if an elected county officer has served in his office for more than 4 years, he is entitled to an additional salary of 2 percent of his base salary provided in NRS 245.043 for each full calendar year he has served in his office.

    2.  The additional salary provided in this section for an eligible county officer:

    (a) Must be computed on July 1 of each year by multiplying 2 percent of the base salary provided in NRS 245.043 by the number of full calendar years the elected county officer has served in his office; and

    (b) Must not exceed 20 percent of the base salary provided in NRS 245.043.

    3.  Service on the board of supervisors of Carson City for the initial term which began on July 1, 1969, and ended on the first Monday of January, 1973, shall be deemed to constitute 4 full calendar years of service for the purposes of this section.”.

    Amend the title of the bill to read as follows:

“AN ACT relating to public officers; making various changes regarding the compensation of certain public officers; creating a supreme court and a district court commission on law libraries; making appropriations; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

“SUMMARY—Makes various changes regarding compensation of certain public officers. (BDR 1‑1435)”.

    Assemblywoman Giunchigliani moved the adoption of the amendment.

    Remarks by Assemblymen Giunchigliani, Gibbons, Buckley and Brower.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

REPORTS OF COMMITTEES

Mr. Speaker:

    Your Concurrent Committee on Ways and Means, to which was referred Assembly Bill No. 424, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Morse Arberry Jr., Chairman

general file and third reading

    Senate Bill No. 572.

    Bill read third time.

    Remarks by Assemblyman Williams.

    Roll call on Senate Bill No. 572:

    Yeas—40.

    Nays—None.

    Excused—Freeman, Humke—2.

    Senate Bill No. 572 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 424.

    Bill read third time.

    The following amendment was proposed by the Committee on Ways and Means:

    Amendment No. 1232.

    Amend the bill as a whole by deleting sections 1 and 2 and renumbering sections 3 and 4 as sections 1 and 2.

    Amend the title of the bill to read as follows:

“AN ACT relating to public highways; directing the Department of Transportation, Clark County and the City of Las Vegas to conduct certain assessments concerning the need for the abatement of traffic noise; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

“SUMMARY—Directs Department of Transportation, Clark County and City of Las Vegas to conduct certain assessments concerning need for abatement of traffic noise. (BDR S‑875)”.

    Assemblywoman Giunchigliani moved the adoption of the amendment.

    Remarks by Assemblywoman Giunchigliani.

    Amendment adopted.

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

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblywoman Giunchigliani moved that Assembly Bill No. 69 be taken from the Chief Clerk's desk and placed at the top of the General File.

    Remarks by Assemblywoman Giunchigliani.

    Motion carried.

general file and third reading

    Assembly Bill No. 69.

    Bill read third time.

    The following amendment was proposed by the Committee on Ways and Means:

    Amendment No. 1229.

    Amend sec. 5, page 3, line 14, after “state.” by inserting:

“The regulation must provide, without limitation, that if any amount in excess of $4 per month is collected from an obligor pursuant to section 1 of this act, the division shall cause the excess amount to be credited toward any arrearages owed by the obligor or toward his current support obligation.”.

    Amend sec. 7, page 3, line 18, by deleting “2001.” and inserting:

“2001, and expires by limitation on June 30, 2003.”.

    Assemblywoman Giunchigliani moved the adoption of the amendment.

    Remarks by Assemblymen Giunchigliani and Collins.

    Amendment adopted.

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

UNFINISHED BUSINESS

Reports of Conference Committees

Mr. Speaker:

    The first Conference Committee concerning Assembly Bill No. 54, consisting of the undersigned members, has met and reports that:

    It has agreed to recommend that the amendment of the Senate be concurred in.

    It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA16, which is attached to and hereby made a part of this report.

 

Bernie Anderson	Jon C. Porter
Dennis Nolan	Maurice E. Washington
Genie Ohrenschall	Terry Care
Assembly Conference Committee	Senate Conference Committee

 

    Conference Amendment No. CA16.

    Amend the bill as a whole by renumbering sections 11 through 13 as sections 12 through 14 and adding a new section designated sec. 11, following sec. 10, to read as follows:

    “Sec. 11. Sections 1 and 3 of Assembly Bill No. 489 of this session are hereby amended to read as follows:

    Section 1.  NRS 176.0913 is hereby amended to read as follows:

    176.0913  1.  If a defendant is convicted of an offense listed in subsection 4, the court, at sentencing, shall order that:

    (a) The name, social security number, date of birth and any other information identifying the defendant be submitted to the central repository for Nevada records of criminal history; and

    (b) A biological specimen be obtained from the defendant pursuant to the provisions of this section and that the specimen be used for an analysis to determine the genetic markers of the specimen.

    2.  If the defendant is committed to the custody of the department of prisons, the department of prisons shall arrange for the biological specimento be obtained from the defendant. The department of prisons shall provide the specimento the forensic laboratory that has been designated by the county in which the defendant was convicted to conduct or oversee genetic marker testing for the county pursuant to NRS 176.0917.

    3.  If the defendant is not committed to the custody of the department of prisons, the division shall arrange for the biological specimento be obtained from the defendant. The division shall provide the specimento the forensic laboratory that has been designated by the county in which the defendant was convicted to conduct or oversee genetic marker testing for the county pursuant to NRS 176.0917. Any cost that is incurred to obtain a biological specimen from a defendant pursuant to this subsection is a charge against the county in which the defendant was convicted and must be paid as provided in NRS 176.0915.

    4.  The provisions of subsection 1 apply to a defendant who is convicted of:

    (a) A category A felony;

    (b) A category B felony;

    (c) A category C felony involving the use or threatened use of force or violence against the victim;

    (d) A crime against a child as defined in NRS 179D.210;

    [(b)] (e) A sexual offense as defined in NRS 179D.410;

    [(c) Murder, manslaughter or any other unlawful killing pursuant to NRS 200.010 to 200.260, inclusive;

    (d) Mayhem pursuant to NRS 200.280;

    (e) Administering poison or another noxious or destructive substance or liquid with intent to cause death pursuant to NRS 200.390;

    (f) Battery with intent to commit a crime pursuant to NRS 200.400;

    (g) Battery which is committed with the use of a deadly weapon or which results in substantial bodily harm pursuant to NRS 200.481;

    (h)] (f) Abuse or neglect of an older person pursuant to NRS 200.5099;

    [(i)] (g) A second or subsequent offense for stalking pursuant to NRS 200.575;

    [(j) Burglary pursuant to NRS 205.060;

    (k) Invasion of the home pursuant to NRS 205.067;

    (l) Kidnapping pursuant to NRS 200.310 to 200.340, inclusive; or

    (m)] or

    (h) An attempt or conspiracy to commit an offense listed in this subsection.

    Sec. 3.  NRS 179A.075 is hereby amended to read as follows:

    179A.075  1.  The central repository for Nevada records of criminal history is hereby created within the Nevada highway patrol division of the department.

    2.  Each agency of criminal justice and any other agency dealing with crime or delinquency of children shall:

    (a) Collect and maintain records, reports and compilations of statistical data required by the department; and

    (b) Submit the information collected to the central repository in the manner recommended by the advisory committee and approved by the director of the department.

    3.  Each agency of criminal justice shall submit the information relating to sexual offenses and other records of criminal history that it creates or issues, and any information in its possession relating to the genetic markers of a biological specimenof a person who is convicted of [a criminal offense,] an offense listed in subsection 4 of NRS 176.0913, to the division in the manner prescribed by the director of the department. The information must be submitted to the division:

    (a) Through an electronic network;

    (b) On a medium of magnetic storage; or

    (c) In the manner prescribed by the director of the department,

within the period prescribed by the director of the department. If an agency has submitted a record regarding the arrest of a person who is later determined by the agency not to be the person who committed the particular crime, the agency shall, immediately upon making that determination, so notify the division. The division shall delete all references in the central repository relating to that particular arrest.

    4.  The division shall, in the manner prescribed by the director of the department:

    (a) Collect, maintain and arrange all information submitted to it relating to:

        (1) Sexual offenses and other records of criminal history; and

        (2) The genetic markers of a biological specimen of a person who is convicted of [a criminal offense.] an offense listed in subsection 4 of NRS 176.0913.

    (b) When practicable, use a record of the personal identifying information of a subject as the basis for any records maintained regarding him.

    (c) Upon request, provide the information that is contained in the central repository to the state disaster identification team of the division of emergency management of the department.

    5.  The division may:

    (a) Disseminate any information which is contained in the central repository to any other agency of criminal justice;

    (b) Enter into cooperative agreements with federal and state repositories to facilitate exchanges of information that may be disseminated pursuant to paragraph (a); and

    (c) Request of and receive from the Federal Bureau of Investigation information on the background and personal history of any person whose record of fingerprints the central repository submits to the Federal Bureau of Investigation and:

        (1) Who has applied to any agency of the State of Nevada or any political subdivision thereof for a license which it has the power to grant or deny;

        (2) With whom any agency of the State of Nevada or any political subdivision thereof intends to enter into a relationship of employment or a contract for personal services;

        (3) About whom any agency of the State of Nevada or any political subdivision thereof has a legitimate need to have accurate personal information for the protection of the agency or the persons within its jurisdiction; or

        (4) For whom such information is required to be obtained pursuant to NRS 449.179.

    6.  The central repository shall:

    (a) Collect and maintain records, reports and compilations of statistical data submitted by any agency pursuant to subsection 2.

    (b) Tabulate and analyze all records, reports and compilations of statistical data received pursuant to this section.

    (c) Disseminate to federal agencies engaged in the collection of statistical data relating to crime information which is contained in the central repository.

    (d) Investigate the criminal history of any person who:

        (1) Has applied to the superintendent of public instruction for a license;

        (2) Has applied to a county school district for employment; or

        (3) Is employed by a county school district,

and notify the superintendent of each county school district and the superintendent of public instruction if the investigation of the central repository indicates that the person has been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude.

    (e) Upon discovery, notify the superintendent of each county school district by providing him with a list of all persons:

        (1) Investigated pursuant to paragraph (d); or

        (2) Employed by a county school district whose fingerprints were sent previously to the central repository for investigation,

who the central repository’s records indicate have been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude since the central repository’s initial investigation. The superintendent of each county school district shall determine whether further investigation or action by the district is appropriate.

    (f) Investigate the criminal history of each person who submits fingerprints or has his fingerprints submitted pursuant to NRS 449.176 or 449.179.

    (g) On or before July 1 of each year, prepare and present to the governor a printed annual report containing the statistical data relating to crime received during the preceding calendar year. Additional reports may be presented to the governor throughout the year regarding specific areas of crime if they are recommended by the advisory committee and approved by the director of the department.

    (h) On or before July 1 of each year, prepare and submit to the director of the legislative counsel bureau, for submission to the legislature, or the legislative commission when the legislature is not in regular session, a report containing statistical data about domestic violence in this state.

    (i) Identify and review the collection and processing of statistical data relating to criminal justice and the delinquency of children by any agency identified in subsection 2, and make recommendations for any necessary changes in the manner of collecting and processing statistical data by any such agency.

    7.  The central repository may:

    (a) At the recommendation of the advisory committee and in the manner prescribed by the director of the department, disseminate compilations of statistical data and publish statistical reports relating to crime or the delinquency of children.

    (b) Charge a reasonable fee for any publication or special report it distributes relating to data collected pursuant to this section. The central repository may not collect such a fee from an agency of criminal justice, any other agency dealing with crime or the delinquency of children which is required to submit information pursuant to subsection 2 or the state disaster identification team of the division of emergency management of the department. All money collected pursuant to this paragraph must be used to pay for the cost of operating the central repository.

    (c) In the manner prescribed by the director of the department, use electronic means to receive and disseminate information contained in the central repository that it is authorized to disseminate pursuant to the provisions of this chapter.

    8.  As used in this section:

    (a) “Advisory committee” means the committee established by the director of the department pursuant to NRS 179A.078.

    (b) “Personal identifying information” means any information designed, commonly used or capable of being used, alone or in conjunction with any other information, to identify a person, including, without limitation:

        (1) The name, driver’s license number, social security number, date of birth and photograph or computer generated image of a person; and

        (2) The fingerprints, voiceprint, retina image and iris image of a person.”.

    Assemblyman Anderson moved that the Assembly adopt the report of the first Conference Committee concerning Assembly Bill No. 54.

    Remarks by Assemblyman Anderson.

    Motion carried by a constitutional majority.

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

    Assembly in recess at 7:02 p.m.

ASSEMBLY IN SESSION

    At 8:39 p.m.

    Mr. Speaker presiding.

    Quorum present.

MESSAGES FROM THE Senate

Senate Chamber, Carson City, June 3, 2001

To the Honorable the Assembly:

    I have the honor to inform your honorable body that the Senate on this day passed Assembly Bill No. 21; Assembly Joint Resolution No. 8.

    Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bills Nos. 148, 458, 518.

    Also, I have the honor to inform your honorable body that the Senate amended, and on this day passed, as amended, Assembly Bill No. 453, Amendment No. 1197, and respectfully requests your honorable body to concur in said amendment.

    Also, I have the honor to inform your honorable body that the Senate amended, and on this day passed, as amended, Assembly Bill No. 664, Amendment No. 1221, and respectfully requests your honorable body to concur in said amendment.

    Also, I have the honor to inform your honorable body that the Senate on this day respectfully refused to recede from its action on Assembly Bill No. 271, Senate Amendment No. 694, and requests a conference, and appointed Senators Amodei, Townsend and Mathews as a first Conference Committee to meet with a like committee of the Assembly.

                                                                                    Mary Jo Mongelli

                                                                             Assistant Secretary of the Senate

INTRODUCTION, FIRST READING AND REFERENCE

    Senate Bill No. 148.

    Assemblyman Parks moved that the bill be referred to the Committee on Ways and Means.

    Motion carried.

    Senate Bill No. 458.

    Assemblyman Parks moved that the bill be referred to the Committee on Ways and Means.

    Motion carried.

    Senate Bill No. 518.

    Assemblyman Parks moved that the bill be referred to the Committee on Ways and Means.

    Motion carried.

UNFINISHED BUSINESS

Consideration of Senate Amendments

    Assembly Bill No. 666.

    The following Senate amendment was read:

    Amendment No. 1171.

    Amend the bill as a whole by deleting section 1 and inserting:

    “Section 1. (Deleted by amendment.)”.

    Amend the bill as a whole by adding a new section designated sec. 43.5, following sec. 43, to read as follows:

    “Sec. 43.5.  Assembly Bill No. 574 of this session is hereby amended by adding thereto a new section to read as follows:

    Sec. 4.  1.  This section and section 3 of this act become effective upon passage and approval.

    2.  Sections 1 and 2 of this act become effective on October 1, 2001.”.

    Amend the bill as a whole by adding a new section designated sec. 49.5, following sec. 49, to read as follows:

    “Sec. 49.5.  Section 11 of Senate Bill No. 424 of this session is hereby amended to read as follows:

    Sec. 11.  NRS 444.635 is hereby amended to read as follows:

    444.635  1.  Except as otherwise provided in NRS 445C.010 to 445C.120, inclusive, a person convicted of violating NRS 444.555 and, in addition to the penalty imposed [in] pursuant to NRS 444.583 or 444.630, any person convicted of violating NRS 444.583 or 444.630 is liable for a civil penalty[,] upon each such conviction.

    2.  Except as otherwise provided in NRS 445C.010 to 445C.120, inclusive, a court before whom a defendant is convicted of a violation of the provisions of NRS 444.555, 444.583 or 444.630, shall order the defendant [to pay a civil penalty which is at least $250 but not more than $2,000.]:

    (a) For a first offense, to pay a civil penalty which is at least $500 but not more than $5,000.

    (b) For a second offense, to pay a civil penalty which is at least $1,000 but not more than $5,500.

    (c) For a third offense, to pay a civil penalty which is at least $1,500 but not more than $6,000.

    (d) For any subsequent offense, to pay a civil penalty which is at least $500 more than the most recent previous civil penalty that the defendant was ordered to pay pursuant to this subsection.

    3.  If so provided by the court, [the] a penalty imposed pursuant to this section may be paid in installments.

    [3.  The health authority or division of environmental protection of the state department of conservation and natural resources]

    4.  The solid waste management authority may attempt to collect all such penalties and installments which are in default in any manner provided by law for the enforcement of a judgment.

    [4.] 5.  Each court which receives money [under] pursuant to the provisions of this section shall forthwith remit the money to the division of environmental protection of the state department of conservation and natural resources or, if the health authority initiated the action, the district health department which shall deposit the money with the state treasurer for credit in a separate account in the state general fund or with the county treasurer for deposit in an account for the district health department, as the case may be. Money so deposited must be [used] :

    (a) Used only to pay [rewards] :

        (1) Rewards pursuant to NRS 444.640 [or for] ;

        (2) For education regarding the unlawful disposal of solid waste;

        (3) For the cleaning up of dump sites; and

        (4) For the management of solid waste ; and [paid]

    (b) Paid as other claims against the state or local governments are paid.”.

    Assemblyman Anderson moved that the Assembly do not concur in the Senate amendment to Assembly Bill No. 666.

    Remarks by Assemblyman Anderson.

    Motion carried.

    Bill ordered transmitted to the Senate.

Reports of Conference Committees

Mr. Speaker:

    The first Conference Committee concerning Assembly Bill No. 246, consisting of the undersigned members, has met and reports that:

    It has agreed to recommend that the amendment of the Senate be receded from.

 

Kathy McClain
Jerry D. Claborn	Maggie Carlton
Dennis Nolan	Lawrence E. Jacobsen
Assembly Conference Committee	Senate Conference Committee

 

    Assemblywoman McClain moved that the Assembly adopt the report of the first Conference Committee concerning Assembly Bill No. 246.

    Remarks by Assemblywoman McClain.

    Motion carried by a constitutional majority.

Mr. Speaker:

    The first Conference Committee concerning Assembly Bill No. 370, consisting of the undersigned members, has met and reports that:

    It has agreed to recommend that the amendment of the Senate be concurred in.

    It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA21, which is attached to and hereby made a part of this report.

 

Sheila Leslie	Jon C. Porter
John C. Carpenter	Mark Amodei
Bernie Anderson	Valerie Wiener
Assembly Conference Committee	Senate Conference Committee

 

    Conference Amendment No. CA21.

    Amend sec. 17, page 6, line 36, by deleting “and” and inserting “or”.

    Amend sec. 17, page 6, by deleting lines 38 and 39 and inserting:

“against harassment in the workplace.”.

    Assemblywoman Leslie moved that the Assembly adopt the report of the first Conference Committee concerning Assembly Bill No. 370.

    Remarks by Assemblywoman Leslie.

    Motion carried by a constitutional majority.

Mr. Speaker:

    The first Conference Committee concerning Assembly Bill No. 162, consisting of the undersigned members, has met and reports that:

    It has agreed to recommend that the amendment of the Senate be concurred in.

    It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA12, which is attached to and hereby made a part of this report.

 

Mark A. Manendo	Mike McGinness
John C. Carpenter	Maurice E. Washington
Jerry D. Claborn	Terry Care
Assembly Conference Committee	Senate Conference Committee

   

    Conference Amendment No. CA12.

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

“[A]

    1.  Except as otherwise provided in subsection 2, a”.

    Amend section 1, page 1, line 4, by deleting “1.” and inserting “[1.] (a)”.

    Amend section 1, page 1, line 6, by deleting “2.” and inserting “[2.] (b)”.

    Amend section 1, page 1, line 11, by deleting “3.” and inserting “[3.] (c)”.

    Amend section 1, page 2, line 3, by deleting “4.” and inserting “[4.] (d)”.

    Amend section 1, page 2, line 7, by deleting “5.” and inserting “[5.] (e)”.

    Amend section 1, page 2, line 9, by deleting “6.” and inserting “[6.] (f)”.

    Amend section 1, page 2, line 14, by deleting “7.” and inserting “[7.] (g)”.

    Amend section 1, page 2, line 16, by deleting “8.” and inserting “[8.] (h)”.

    Amend section 1, page 2, line 17, by deleting “9.” and inserting “[9.] (i)”.

    Amend section 1, page 2, line 19, by deleting “10.” and inserting “(j)”.

    Amend section 1, page 2, between lines 21 and 22, by inserting:

    “2.  A person who commits an act that is prohibited by subsection 1 which involves the repair of a vehicle has not committed theft unless, before the repair was made, he received a written estimate of the cost of the repair.”.

    Amend the bill as a whole by renumbering sec. 2 as sec. 3 and adding a new section designated sec. 2, following section 1, to read as follows:

    “Sec. 2.  NRS 205.466 is hereby amended to read as follows:

    205.466  1.  A district attorney may create within his office a program for restitution for persons referred to the district attorney by a law enforcement officer who has probable cause to believe the person violated paragraph (i) of subsection [9] 1 of NRS 205.0832 [,] or NRS 205.130 or 205.380. The program may be conducted by the district attorney in conjunction with the county sheriff, police department or any other law enforcement agency in whose jurisdiction a violation of paragraph (i) of subsection [9] 1 of NRS 205.0832 [,] or NRS 205.130 or 205.380 has occurred, or by a private entity under contract with the district attorney.

    2.  The district attorney may adopt standards for the law enforcement agency which indicate the minimum requirements of investigation by the agency for its referral of a person to the district attorney for acceptance in the program.

    3.  If such a person is referred to the district attorney, the district attorney shall determine if the person is appropriate for acceptance in the program. The district attorney may consider:

    (a) The amount of the check or draft drawn or passed without sufficient money or credit to pay it in full;

    (b) The prior criminal record of the person;

    (c) Prior referrals of the person to the program;

    (d) The number of times the person has violated paragraph (i) of subsection [9] 1 of NRS 205.0832 [,] or NRS 205.130 or 205.380;

    (e) Whether other allegations of drawing or passing checks or drafts without sufficient money or credit to pay them in full are pending against the person; and

    (f) The strength of the evidence, if any, of the person’s intent to defraud the alleged victim.

    4.  Except as otherwise provided in NRS 205.469, this section does not limit the authority of the district attorney to prosecute violations of paragraph (i) of subsection [9] 1 of NRS 205.0832 [,] or NRS 205.130 or 205.380.”.

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

“under certain circumstances”.

    Assemblyman Manendo moved that the Assembly adopt the report of the first Conference Committee concerning Assembly Bill No. 162.

    Remarks by Assemblyman Manendo.

    Motion carried by a constitutional majority.

Appointment of Conference Committees

    Mr. Speaker appointed Assemblymen Goldwater, Anderson and Brown as a second Conference Committee to meet with a like committee of the Senate for the further consideration of Assembly Bill No. 653.

    Mr. Speaker appointed Assemblymen Anderson, Carpenter and Manendo as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Assembly Bill No. 133.

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblyman Parks moved that Assembly Joint Resolution No. 14 and Assembly Bills Nos. 69 and 424 be placed on the General File.

    Motion carried.

    Assemblyman Parks moved that all rules be suspended and that Assembly Bill No. 606 be declared an emergency measure under the Constitution and placed on third reading and final passage.

    Motion carried unanimously.

general file and third reading

    Assembly Joint Resolution No. 14.

    Resolution read third time.

    Remarks by Assemblywomen Giunchigliani and Von Tobel.

    Roll call on Assembly Joint Resolution No. 14:

    Yeas—40.

    Nays—None.

    Excused—Freeman, Humke—2.

    Assembly Joint Resolution No. 14 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Resolution ordered transmitted to the Senate.

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblywoman Buckley moved that Assembly Bill No. 69 be taken from the General File and placed on the Chief Clerk's desk.

    Remarks by Assemblywoman Buckley.

    Motion carried.

general file and third reading

    Assembly Bill No. 424.

    Bill read third time.

    Remarks by Assemblymen McClain and Manendo.

    Roll call on Assembly Bill No. 424:

    Yeas—40.

    Nays—None.

    Excused—Freeman, Humke—2.

    Assembly Bill No. 424 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 Assembly Bill No. 606 be taken from the General File and placed on the Chief Clerk's desk.

    Remarks by Assemblywoman Buckley.

    Motion carried.

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

    Assembly in recess at 8:56 p.m.

ASSEMBLY IN SESSION

    At 8:57 p.m.

    Mr. Speaker pro Tempore presiding.

    Quorum present.

UNFINISHED BUSINESS

Reports of Conference Committees

Mr. Speaker:

    The first Conference Committee concerning Assembly Bill No. 500, consisting of the undersigned members, has met and reports that:

    It has agreed to recommend that the amendment of the Senate be concurred in.

    It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA15, which is attached to and hereby made a part of this report.

 

Bernie Anderson	Maurice E. Washington
Greg Brower	Mike McGinness
Wendell P. Williams	Valerie Wiener
Assembly Conference Committee	Senate Conference Committee

 

    Conference Amendment No. CA15.

    Amend sec. 2, page 2, by deleting lines 3 through 5 and inserting:

“regarding each traffic stop. The information required”.

    Amend sec. 2, page 2, line 11, by deleting “ethnicity and” and inserting “ethnicity,”.

    Amend sec. 2, page 2, by deleting line 12 and inserting “approximate age.”.

    Amend sec. 2, page 2, line 18, after “(d)” by inserting:

“The number of persons who were in the motor vehicle when it was stopped.

    (e)”.

    Amend sec. 2, page 2, line 22, by deleting “(e)” and inserting “(f)”.

    Amend sec. 2, page 2, line 25, by deleting “(f)” and inserting “(g)”.

    Amend sec. 2, page 2, line 27, by deleting “(g)” and inserting “(h)”.

    Assemblyman Anderson moved that the Assembly adopt the report of the first Conference Committee concerning Assembly Bill No. 500.

    Remarks by Assemblyman Anderson.

    Motion carried by a two-third’s majority.

Mr. Speaker:

    The first Conference Committee concerning Assembly Bill No. 466, consisting of the undersigned members, has met and reports that:

    It has agreed to recommend that the amendment of the Senate be concurred in.

    It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA17, which is attached to and hereby made a part of this report.

 

Bernie Anderson	Mark A. James
Dennis Nolan	Mike McGinness
Sheila Leslie	Valerie Wiener
Assembly Conference Committee	Senate Conference Committee

   

    Conference Amendment No. CA17.

    Amend the bill as a whole by deleting sections 1 through 9 and adding new sections designated sections 1 through 36, following the enacting clause, to read as follows:

    “Section 1.  Chapter 463 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9, inclusive, of this act.

    Sec. 2.  

1.  “Interactive gaming” means the conduct of gambling games through the use of communications technology that allows a person, utilizing money, checks, electronic checks, electronic transfers of money, credit cards, debit cards or any other instrumentality, to transmit to a computer information to assist in the placing of a bet or wager and corresponding information related to the display of the game, game outcomes or other similar information. The term does not include the operation of a race book or sports pool that uses communications technology approved by the board pursuant to regulations adopted by the commission to accept wagers originating within this state for races or sporting events.

    2.  As used in this section, “communications technology” means any method used and the components employed by an establishment to facilitate the transmission of information, including, without limitation, transmission and reception by systems based on wire, cable, radio, microwave, light, optics or computer data networks, including, without limitation, the Internet and intranets.

    Sec. 3.  

1.  Except as otherwise provided in subsections 2 and 3, the commission may, with the advice and assistance of the board, adopt regulations governing the licensing and operation of interactive gaming.

    2.  The commission may not adopt regulations governing the licensing and operation of interactive gaming until the commission first determines that:

    (a) Interactive gaming can be operated in compliance with all applicable laws;

    (b) Interactive gaming systems are secure and reliable, and provide reasonable assurance that players will be of lawful age and communicating only from jurisdictions where it is lawful to make such communications; and

    (c) Such regulations are consistent with the public policy of the state to foster the stability and success of gaming.

    3.  The regulations adopted by the commission pursuant to this section must:

    (a) Establish the investigation fees for:

        (1) A license to operate interactive gaming;

        (2) A license for a manufacturer of interactive gaming systems; and

        (3) A license for a manufacturer of equipment associated with interactive gaming.

    (b) Provide that:

        (1) A person must hold a license for a manufacturer of interactive gaming systems to supply or provide any interactive gaming system, including, without limitation, any piece of proprietary software or hardware; and

        (2) A person may be required by the commission to hold a license for a manufacturer of equipment associated with interactive gaming.

    (c) Set forth standards for the suitability of a person to be licensed as a manufacturer of interactive gaming systems or manufacturer of equipment associated with interactive gaming that are as stringent as the standards for a nonrestricted license.

    (d) Provide that gross revenue received by an establishment from the operation of interactive gaming is subject to the same license fee provisions of NRS 463.370 as the games and gaming devices of the establishment.

    (e) Set forth standards for the location and security of the computer system and for approval of hardware and software used in connection with interactive gaming.

   

(f) Define “equipment associated with interactive gaming,” “interactive gaming system,” “manufacturer of equipment associated with interactive gaming,” “manufacturer of interactive gaming systems,” “operate interactive gaming” and “proprietary hardware and software” as the terms are used in this chapter.

    4.  Except as otherwise provided in subsection 5, the commission shall not approve a license for an establishment to operate interactive gaming unless:

    (a) In a county whose population is 400,000 or more, the establishment is a resort hotel that holds a nonrestricted license to operate games and gaming devices.

    (b) In a county whose population is more than 40,000 but less than 400,000, the establishment is a resort hotel that holds a nonrestricted license to operate games and gaming devices or the establishment:

        (1) Holds a nonrestricted license for the operation of games and gaming devices;

        (2) Has more than 120 rooms available for sleeping accommodations in the same county;

        (3) Has at least one bar with permanent seating capacity for more than 30 patrons that serves alcoholic beverages sold by the drink for consumption on the premises;

        (4) Has at least one restaurant with permanent seating capacity for more than 60 patrons that is open to the public 24 hours each day and 7 days each week; and

        (5) Has a gaming area that is at least 18,000 square feet in area with at least 1,600 slot machines, 40 table games, and a sports book and race pool.

    (c) In all other counties, the establishment is a resort hotel that holds a nonrestricted license to operate games and gaming devices or the establishment:

        (1) Has held a nonrestricted license for the operation of games and gaming devices for at least 5 years before the date of its application for a license to operate interactive gaming;

        (2) Meets the definition of group 1 licensee as set forth in the regulations of the commission on the date of its application for a license to operate interactive gaming; and

        (3) Operates either:

            (I) More than 50 rooms for sleeping accommodations in connection therewith; or

            (II) More than 50 gaming devices in connection therewith.

    5.  The commission may:

    (a) Issue a license to operate interactive gaming to an affiliate of an establishment if:

        (1) The establishment satisfies the applicable requirements set forth in subsection 4; and

        (2) The affiliate is located in the same county as the establishment; and

    (b) Require an affiliate that receives a license pursuant to this subsection to comply with any applicable provision of this chapter.

    6.  It is unlawful for any person, either as owner, lessee or employee, whether for hire or not, either solely or in conjunction with others, to operate interactive gaming:

    (a) Until the commission adopts regulations pursuant to this section; and

    (b) Unless the person first procures, and thereafter maintains in effect, all appropriate licenses as required by the regulations adopted by the commission pursuant to this section.

    7.  A person who violates subsection 6 is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years or by a fine of not more than $50,000, or both.

    Sec. 4.  

A debt incurred by a patron for play at an interactive gaming system of an establishment licensed to operate interactive gaming is valid and may be enforced by legal process.

    Sec. 5.  

1.  Upon the recommendation of the board, the commission may require:

    (a) A manufacturer of equipment associated with interactive gaming who sells, transfers or offers equipment associated with interactive gaming for use or play in this state to file an application for a license to be a manufacturer of equipment associated with interactive gaming.

    (b) A person who directly or indirectly involves himself in the sale, transfer or offering for use or play in this state of equipment associated with interactive gaming who is not otherwise required to be licensed as a manufacturer or distributor pursuant to this chapter to file an application for a license to be a manufacturer of equipment associated with interactive gaming.

    2.  If a person fails to submit an application for a license to be a manufacturer of equipment associated with interactive gaming within 30 days after a demand by the commission pursuant to this section, the commission may pursue any remedy or combination of remedies provided in this chapter.

    Sec. 6.  

1.  Before issuing an initial license for an establishment to operate interactive gaming, the commission shall charge and collect from the establishment a license fee of $500,000.

    2.  Each initial license for an establishment to operate interactive gaming must be issued for a 2-year period beginning on January 1 of the first year and ending on December 31 of the second year.

    3.  Notwithstanding the provisions of subsections 1 and 2 to the contrary, a license for an establishment to operate interactive gaming may be issued after January 1 of a calendar year for a period beginning on the date of issuance of the license and ending on the second December 31 following the date of issuance of the license. Before issuing an initial license pursuant to this subsection, the commission shall charge and collect from the establishment a license fee of $500,000 prorated by 1/24 for each full month between January 1 of the calendar year and the date of issuance of the license.

    4.  Before renewing a license issued pursuant to this section, but in no case later than the second December 31 after the license was issued or previously renewed, the commission shall charge and collect a renewal fee of $250,000 for the renewal of the license for the immediately following 1-year period.

    Sec. 7.  

The operation of interactive gaming is exempt from the fees and taxes imposed pursuant to NRS 463.375, 463.380, 463.383 and 463.385.

    Sec. 8.  

1.  Before issuing a license for a manufacturer of interactive gaming systems or manufacturer of equipment associated with interactive gaming, the commission shall charge and collect a license fee of:

    (a) One hundred and twenty-five thousand dollars for a license for a manufacturer of interactive gaming systems; or

    (b) Fifty thousand dollars for a license for a manufacturer of equipment associated with interactive gaming.

    2.  Each license issued pursuant to this section must be issued for a 1-year period that begins on the date the license is issued.

    3.  Before renewing a license issued pursuant to this section, but in no case later than 1 year after the license was issued or previously renewed, the commission shall charge and collect a renewal fee for the renewal of the license for the immediately following 1-year period. The renewal fee for a license for a manufacturer of interactive gaming systems or manufacturer of equipment associated with interactive gaming is $25,000.

    Sec. 9.  

1.  All gross revenue from operating interactive gaming received by an establishment licensed to operate interactive gaming, regardless of whether any portion of the revenue is shared with another person, must be attributed to the licensee and counted as part of the gross revenue of the licensee for the purpose of computing the license fee required by NRS 463.370.

    2.  A manufacturer of interactive gaming systems who is authorized by an agreement to receive a share of the revenue from an interactive gaming system from an establishment licensed to operate interactive gaming is liable to the establishment for a portion of the license fee paid pursuant to subsection 1. The portion for which the manufacturer of interactive gaming systems is liable is 6.25 percent of the amount of revenue to which the manufacturer of interactive gaming systems is entitled pursuant to the agreement.

    3.  For the purposes of subsection 2, the amount of revenue to which the manufacturer of interactive gaming systems is entitled pursuant to an agreement to share the revenue from an interactive gaming system:

    (a) Includes all revenue of the manufacturer of interactive gaming systems that is his share of the revenue from the interactive gaming system pursuant to the agreement; and

    (b) Does not include revenue that is the fixed purchase price for the sale of a component of the interactive gaming system.

    Sec. 10.  NRS 463.013 is hereby amended to read as follows:

    463.013  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 463.0133 to 463.0197, inclusive,

and section 2 of this act, have the meanings ascribed to them in those sections.

    Sec. 11.  NRS 463.0157 is hereby amended to read as follows:

    463.0157  1.  “Gaming employee” means any person connected directly with an operator of a slot route, the operator of a pari-mutuel system, the operator of an inter-casino linked system or a manufacturer, distributor or disseminator, or with the operation of a gaming establishment licensed to conduct any game, 16 or more slot machines, a race book, sports pool or pari-mutuel wagering, including:

    (a) Accounting or internal auditing personnel who are directly involved in any recordkeeping or the examination of records associated with revenue from gaming;

    (b) Boxmen;

    (c) Cashiers;

    (d) Change personnel;

    (e) Counting room personnel;

    (f) Dealers;

    (g) Employees of a person required by NRS 464.010 to be licensed to operate an off-track pari-mutuel system;

    (h) Employees of a person required by NRS 463.430 to be licensed to disseminate information concerning racing;

    (i) Employees of manufacturers or distributors of gaming equipment within this state whose duties are directly involved with the manufacture, repair or distribution of gaming devices ,

[or] cashless wagering systems
[;]

 , interactive gaming systems or equipment associated with interactive gaming;

    (j) Employees of operators of slot routes who have keys for slot machines or who accept and transport revenue from the slot drop;

    (k) Employees of operators of inter-casino linked systems

or interactive gaming systems whose duties include the operational or supervisory control of the systems or the games that are part of the systems;

    (l) Floormen;

    (m) Hosts or other persons empowered to extend credit or complimentary services;

    (n) Keno runners;

    (o) Keno writers;

    (p) Machine mechanics;

    (q) Odds makers and line setters;

    (r) Security personnel;

    (s) Shift or pit bosses;

    (t) Shills;

    (u) Supervisors or managers;

    (v) Ticket writers; and

    (w) Employees of a person required by NRS 463.160 to be licensed to operate an information service.

    2.  “Gaming employee” does not include bartenders, cocktail waitresses or other persons engaged exclusively in preparing or serving food or beverages.

    Sec. 12.  NRS 463.0172 is hereby amended to read as follows:

    463.0172  “Manufacturer” means a person who:

    1.  Manufactures, assembles, programs or makes modifications to a gaming device

 ,

[or] cashless wagering system

 

[;]

or interactive gaming system; or

    2.  Designs,

assumes responsibility for the design of, controls the design or assembly of, or maintains a copyright over the design of , a mechanism, electronic circuit or computer program which cannot be reasonably demonstrated to have any application other than in a gaming device ,

[or in a] cashless wagering system

 

[,]

or interactive gaming system for use or play in this state or for distribution outside of this state.

    Sec. 13.  NRS 463.0197 is hereby amended to read as follows:

    463.0197  “Work permit” means any card, certificate or permit issued by the board or by a county or city licensing authority, whether denominated as a work permit, registration card or otherwise, authorizing the holder to be employed as a gaming employee

in this state or to serve as an independent agent. A document issued by any governmental authority for any employment other than gaming is not a valid work permit for the purposes of this chapter.

    Sec. 14.  NRS 463.200 is hereby amended to read as follows:

    463.200  1.  Application for a state gaming license or other commission action [shall]

must be made to the board on forms furnished by the board and in accordance with the regulations of the commission.

    2.  The application for a license [shall]

must include:

    (a) The name of the proposed licensee.

    (b) The location of his place or places of business.

    (c) The gambling games, gaming device or slot machines to be operated.

    (d) The names of all persons directly or indirectly interested in the business and the nature of such interest.

    (e) Such other information and details as the board may require in order to discharge its duty properly.

    3.  If the application is for a restricted license on premises not owned by the applicant, the application must include a sworn and notarized statement from the owner or lessor of the premises indicating whether the consideration paid by the applicant for the use of the premises has been or will be increased because of the operation of gaming on the premises.

   

4.  The board shall furnish to the applicant supplemental forms, which the applicant shall complete and file with the application. Such supplemental forms

[shall]

must require, but

[shall]

must not be limited to, complete information and details with respect to the applicant’s antecedents, habits, character, criminal record, business activities, financial affairs and business associates, covering at least a 10-year period immediately preceding the date of filing of the application.

    Sec. 15.  NRS 463.245 is hereby amended to read as follows:

    463.245  1.  Except as otherwise provided in

[subsections 2, 3 and 4]

this section:

    (a) All licenses issued to the same person, including a wholly owned subsidiary of that person, for the operation of any game, including a sports pool or race book, which authorize gaming at the same establishment must be merged into a single gaming license.

    (b) A gaming license may not be issued to any person if the issuance would result in more than one licensed operation at a single establishment, whether or not the profits or revenue from gaming are shared between the licensed operations.

    2.  A person who has been issued a nonrestricted gaming license may establish a sports pool or race book on the premises of the establishment at which he conducts a nonrestricted gaming operation only after obtaining permission from the commission.

    3.  A person who has been issued a license to operate a sports pool or race book at an establishment may be issued a license to operate a sports pool or race book at another establishment if the second establishment is operated by a person who has been issued a nonrestricted license.

    4.  Nothing in this section limits or prohibits an operator of an inter-casino linked system from placing and operating such a system on the premises of two or more gaming licensees and receiving, either directly or indirectly, any compensation or any percentage or share of the money or property played from the linked games in accordance with the provisions of this chapter and the regulations adopted by the commission. An inter-casino linked system must not be used to link games other than slot machines, unless such games are located at an establishment that is licensed for games other than slot machines.

   

5.  The provisions of this section do not apply to a license to operate interactive gaming.

    Sec. 16. NRS 463.335 is hereby amended to read as follows:

    463.335  1.  The legislature finds that, to protect and promote the health, safety, morals, good order and general welfare of the inhabitants of the State of Nevada and to carry out the policy declared in NRS 463.0129, it is necessary that the board:

    (a) Ascertain and keep itself informed of the identity, prior activities and present location of all gaming employees and independent agents in the State of Nevada; and

    (b) Maintain confidential records of such information.

    2.  Except as otherwise provided in [subsections 3 and 4,]

subsection 3, a person may not be employed as a gaming employee or serve as an independent agent unless he is the holder of

[:

    (a) A valid work permit issued in accordance with the applicable ordinances or regulations of the county or city in which his duties are performed and the provisions of this chapter; or

    (b) A valid work permit issued by the board, if a work permit is not required by either the county or the city.]

 a valid work permit to work as a gaming employee issued pursuant to this section. A work permit to work as a gaming employee may be issued by the board or by a county or city licensing authority. An applicant for a work permit shall file his application for a work permit with the licensing authority of the city in which he resides if that city requires a work permit. If the city in which he resides does not require such a permit, the applicant shall file his application with the licensing authority of the county in which he resides if that county requires a work permit. If the county in which he resides does not require such a permit, the applicant shall file his application with the board. The board shall, by regulation, prescribe the form for an application for a work permit to work as a gaming employee. The fee for such a permit may be charged only to cover the actual investigative and administrative costs related to processing an application for such a permit and must not exceed $75.

    3.  An independent agent is not required to hold a work permit if he is not a resident of this state and has registered with the board in accordance with the provisions of the regulations adopted by the commission.

    4.  [A person may be employed as a gaming employee for an operator of a slot machine route and perform duties for his employer in more than one county or city without obtaining a valid work permit for each county or city in which he performs those duties if the person holds:

    (a) A valid work permit issued in accordance with the applicable ordinances or regulations of the county or city in which his duties are primarily performed and the provisions of this chapter; or

    (b) A valid work permit issued by the board, if a work permit is not required by either the county or the city in which his duties are primarily performed.

    5.  A gaming employee described in subsection 4 shall notify the licensing authority of each city and county in which he performs duties for his employer, other than the licensing authority that issued his valid work permit, that he has obtained a valid work permit pursuant to subsection 4.

    6.]

Upon receipt of an application for a work permit to work as a gaming employee, the board or licensing authority shall conduct an investigation of the applicant to determine whether he is eligible for the permit. In conducting the investigation, the board or licensing authority shall forward a complete set of the applicant’s fingerprints to the central repository for Nevada records of criminal history for submission to the Federal Bureau of Investigation for a report concerning the criminal history of the applicant. The investigation need not be limited solely to consideration of the results of the report concerning the criminal history of the applicant.

    5.  A work permit issued to a gaming employee or an independent agent must have clearly imprinted thereon a statement that it is valid for gaming purposes only.

    6.  Unless denied or objected to by the board at the time that the permittee filed a notice of a change in his place of employment pursuant to subsection 8 and unless suspended or revoked, such a permit expires on the fifth anniversary of the permittee’s birthday, measured from the birthday nearest the date of issuance or renewal. If the date of birth of a permittee is on February 29 in a leap year, for the purposes of this section, his date of birth shall be deemed to be on February 28.

    7.  Whenever any person applies to a county or city licensing authority for the issuance or renewal of a work permit, the county or city officer or employee to whom the application is made shall within 24 hours mail or deliver a copy thereof to the board, and may at the discretion of the county or city licensing authority issue a temporary work permit

[.]

that is valid for 120 days. If within

[90]

120 days after receipt by the board of the copy of the application, the board has not notified the county or city licensing authority of any objection, the authority may issue, renew or deny a permanent work permit to the applicant.

    8.  A gaming employee who is issued a work permit

[must obtain renewal of the permit from the issuing agency within 10 days following any change of his place of employment. An independent agent who is issued a work permit must obtain renewal of the permit from the issuing agency within 10 days after executing an agreement to serve as an independent agent within the jurisdiction of the issuing agency.

    8.]

 is eligible for employment in any licensed gaming establishment in this state until the work permit is denied or objected to by the board, expires or is revoked. However, each such employee shall notify the board within 10 days following any change of his place of employment at a gaming establishment. Such a notification shall be deemed an application for a work permit that the board may deny or object to after conducting any investigations the board deems appropriate. The provisions of subsections 9 to 16, inclusive, apply to any such objection of the board. The commission shall adopt regulations to:

    (a) Facilitate uniform procedures for the issuance of work permits by counties and cities;

    (b) Establish uniform criteria for denial by a county or city licensing authority of an application for a work permit; and

    (c) Provide for the creation and maintenance of a system of records that contain information regarding the current place of employment of each person who possesses a valid work permit.

    9.  If the board, within the

[90-day]

120-day period, notifies:

    (a) The county or city licensing authority; and

    (b) The applicant,

that the board objects to the granting of a work permit to the applicant, the authority shall deny the work permit and shall immediately revoke and repossess any temporary work permit which it may have issued. The notice of objection by the board which is sent to the applicant must include a statement of the facts upon which the board relied in making its objection.

   

[9.  Application for a work permit may be made to the board, and may be granted or denied for any cause deemed reasonable by the board.]

    10.  Whenever an application for a work permit is made to the board and the board denies such an application, it shall include in its notice of the denial a statement of the facts upon which it relied in denying the application.

[Except for a permit issued to a person pursuant to subsection 4, a permit issued by the board is valid only in a county or city that does not require a work permit.

    10.]

11.  Any person whose application for a work permit has been denied because of an objection by the board or whose application has been denied by the board may, not later than 60 days after receiving notice of the denial or objection, apply to the board for a hearing. A failure of a person whose application has been denied to apply for a hearing within 60 days or his failure to appear at a hearing of the board conducted pursuant to this section shall be deemed to be an admission that the denial or objection is well founded, and the failure precludes administrative or judicial review. At the hearing, the board shall take any testimony deemed necessary. After the hearing the board shall review the testimony taken and any other evidence, and shall within 45 days after the date of the hearing mail to the applicant its decision sustaining or reversing the denial of the work permit or the objection to the issuance of a work permit.

    [11.]

12.  The board may object to the issuance of a work permit or may refuse to issue a work permit for any cause deemed reasonable by the board. The board may object or refuse if the applicant has:

    (a) Failed to disclose or misstated information or otherwise attempted to mislead the board with respect to any material fact contained in the application for the issuance or renewal of a work permit;

    (b) Knowingly failed to comply with the provisions of this chapter or chapter 463B, 464 or 465 of NRS or the regulations of the commission at a place of previous employment;

    (c) Committed, attempted or conspired to commit any crime of moral turpitude, embezzlement or larceny or any violation of any law pertaining to gaming, or any crime which is inimical to the declared policy of this state concerning gaming;

    (d) Committed, attempted or conspired to commit a crime which is a felony or gross misdemeanor in this state or an offense in another state or jurisdiction which would be a felony or gross misdemeanor if committed in this state;

    (e) Been identified in the published reports of any federal or state legislative or executive body as being a member or associate of organized crime, or as being of notorious and unsavory reputation;

    (f) Been placed and remains in the constructive custody of any federal, state or municipal law enforcement authority; or

    (g) Had a work permit revoked or committed any act which is a ground for the revocation of a work permit or would have been a ground for revoking his work permit if he had then held a work
permit.

If the board issues or does not object to the issuance of a work permit to an applicant

,

[who has been convicted of a crime which is a felony, gross misdemeanor or misdemeanor,] it may specially limit the period for which the permit is valid, limit the job classifications for which the holder of the permit may be employed and establish such individual conditions for the issuance, renewal and effectiveness of the permit as the board deems appropriate, including required submission to unscheduled tests for the presence of alcohol or controlled substances.

   

[12.]

13.  Any applicant aggrieved by the decision of the board may, within 15 days after the announcement of the decision, apply in writing to the commission for review of the decision. Review is limited to the record of the proceedings before the board. The commission may sustain, modify or reverse the board’s decision. The decision of the commission is subject to judicial review pursuant to NRS 463.315 to 463.318, inclusive.

    [13.]

14.  Except as otherwise provided in this subsection, all records acquired or compiled by the board or commission relating to any application made pursuant to this section and all lists of persons to whom work permits have been issued or denied and all records of the names or identity of persons engaged in the gaming industry in this state are confidential and must not be disclosed except in the proper administration of this chapter or to an authorized law enforcement agency. Upon receipt of a request from the welfare division of the department of human resources pursuant to NRS 425.400 for information relating to a specific person who has applied for or holds a work permit, the board shall disclose to the division his social security number, residential address and

current employer as that information is listed in the files and records of the board. Any record of the board or commission which shows that the applicant has been convicted of a crime in another state must show whether the crime was a misdemeanor, gross misdemeanor, felony or other class of crime as classified by the state in which the crime was committed. In a disclosure of the conviction, reference to the classification of the crime must be based on the classification in the state where it was committed.

   

[14.  A work permit expires unless renewed in accordance with subsection 7, or if the holder thereof is not employed as a gaming employee or does not serve as an independent agent within the jurisdiction of the issuing authority for more than 90 days.]

    15.  The chairman of the board may designate a member of the board or the board may appoint a hearing examiner and authorize that person to perform on behalf of the board any of the following functions required of the board by this section concerning work permits:

    (a) Conducting a hearing and taking testimony;

    (b) Reviewing the testimony and evidence presented at the hearing;

    (c) Making a recommendation to the board based upon the testimony and evidence or rendering a decision on behalf of the board to sustain or reverse the denial of a work permit or the objection to the issuance or renewal of a work permit; and

    (d) Notifying the applicant of the decision.

    16.  Notice by the board as provided pursuant to this section is sufficient if it is mailed to the applicant’s last known address as indicated on the application for a work permit, or the record of the hearing, as the case may be. The date of mailing may be proven by a certificate signed by an officer or employee of the board which specifies the time the notice was mailed. The notice shall be deemed to have been received by the applicant 5 days after it is deposited with the United States Postal Service with the postage thereon prepaid.

    Sec. 17.  NRS 463.3557 is hereby amended to read as follows:

    463.3557  

[An]

    1.  Except as otherwise provided in subsection 2, an electronic transfer of money from a financial institution directly to a game or gaming device may not be made with a credit card.

    2.  The provisions of subsection 1 do not apply to an interactive gaming system.

    Sec. 18.  NRS 463.361 is hereby amended to read as follows:

    463.361  1.  Except as otherwise provided in

section 4 of this act and NRS 463.361 to 463.366, inclusive, gaming debts that are not evidenced by a credit instrument are void and unenforceable and do not give rise to any administrative or civil cause of action.

    2.  A claim by a patron of a licensee for payment of a gaming debt that is not evidenced by a credit instrument may be resolved in accordance with NRS 463.362 to 463.366, inclusive:

    (a) By the board; or

    (b) If the claim is for less than $500, by a hearing examiner designated by the board.

    Sec. 19.  NRS 463.370 is hereby amended to read as follows:

    463.370  1.  Except as otherwise provided in NRS 463.373, the commission shall charge and collect from each licensee a license fee based upon all the gross revenue of the licensee as follows:

    (a) Three percent of all the gross revenue of the licensee which does not exceed $50,000 per calendar month;

    (b) Four percent of all the gross revenue of the licensee which exceeds $50,000 per calendar month and does not exceed $134,000 per calendar month; and

    (c) Six and one-quarter percent of all the gross revenue of the licensee which exceeds $134,000 per calendar month.

    2.  Unless the licensee has been operating for less than a full calendar month, the commission shall charge and collect the fee prescribed in subsection 1, based upon the gross revenue for the preceding calendar month, on or before the 24th day of the following month. Except for the fee based on the first full month of operation, the fee is an estimated payment of the license fee for the third month following the month whose gross revenue is used as its basis.

    3.  When a licensee has been operating for less than a full calendar month, the commission shall charge and collect the fee prescribed in subsection 1, based on the gross revenue received during that month, on or before the 24th day of the following calendar month of operation. After the first full calendar month of operation, the commission shall charge and collect the fee based on the gross revenue received during that month, on or before the 24th day of the following calendar month. The payment of the fee due for the first full calendar month of operation must be accompanied by the payment of a fee equal to three times the fee for the first full calendar month. This additional amount is an estimated payment of the license fees for the next 3 calendar months. Thereafter, each license fee must be paid in the manner described in subsection 2. Any deposit held by the commission on July 1, 1969, must be treated as an advance estimated payment.

    4.  All revenue received from any game or gaming device which is operated on the premises of a licensee, regardless of whether any portion of the revenue is shared with any other person, must be attributed to the licensee for the purposes of this section and counted as part of the gross revenue of the licensee. Any other person, including, without limitation, an operator of an inter-casino linked system, who is authorized to receive a share of the revenue from any game, gaming device or inter-casino linked system that is operated on the premises of a licensee is liable to the licensee for that person’s proportionate share of the license fees paid by the licensee pursuant to this section and shall remit or credit the full proportionate share to the licensee on or before the 24th day of each calendar month. The proportionate share of an operator of an inter-casino linked system must be based on all compensation and other consideration received by the operator of the inter-casino linked system, including, without limitation, amounts that accrue to the meter of the primary progressive jackpot of the inter-casino linked system and amounts that fund the reserves of such a jackpot, subject to all appropriate adjustments for deductions, credits, offsets and exclusions that the licensee is entitled to take or receive pursuant to the provisions of this chapter. A licensee is not liable to any other person authorized to receive a share of the licensee’s revenue from any game, gaming device or inter-casino linked system that is operated on the premises of the licensee for that person’s proportionate share of the license fees to be remitted or credited to the licensee by that person pursuant to this section.

    5.  An operator of an inter-casino linked system shall not enter into any agreement or arrangement with a licensee that provides for the operator of the inter-casino linked system to be liable to the licensee for less than its full proportionate share of the license fees paid by the licensee pursuant to this section, whether accomplished through a rebate, refund, charge-back or otherwise.

    6.  Any person required to pay a fee pursuant to this section shall file with the commission, on or before the 24th day of each calendar month, a report showing the amount of all gross revenue received during the preceding calendar month. Each report must be accompanied by:

    (a) The fee due based on the revenue of the month covered by the report; and

    (b) An adjustment for the difference between the estimated fee previously paid for the month covered by the report, if any, and the fee due for the actual gross revenue earned in that month. If the adjustment is less than zero, a credit must be applied to the estimated fee due with that report.

    7.  If the amount of license fees required to be reported and paid pursuant to this section is later determined to be greater or less than the amount actually reported and paid, the commission shall:

    (a) Charge and collect the additional license fees determined to be due, with interest thereon until paid; or

    (b) Refund any overpayment to the person entitled thereto pursuant to this chapter, with interest thereon.

Interest

pursuant to paragraph (a) must be computed at the rate prescribed in NRS 17.130 from the first day of the first month following

[either] the due date of the additional license fees [or the date of overpayment] until paid.

 Interest pursuant to paragraph (b) must be computed at one-half the rate prescribed in NRS 17.130 from the first day of the first month following the date of overpayment until paid.

    8.  Failure to pay the fees provided for in this section shall be deemed a surrender of the license at the expiration of the period for which the estimated payment of fees has been made, as established in subsection 2.

    9.  Except as otherwise provided in NRS 463.386, the amount of the fee prescribed in subsection 1 must not be prorated.

    10.  Except as otherwise provided in NRS 463.386, if a licensee ceases operation, the commission shall:

    (a) Charge and collect the additional license fees determined to be due with interest

 

[;]

computed pursuant to paragraph (a) of subsection 7; or

    (b) Refund any overpayment

 

[, with interest thereon,] to the licensee

 

[,]

 with interest computed pursuant to paragraph (b) of subsection 7,

based upon the gross revenue of the licensee during the last 3 months immediately preceding the cessation of operation, or portions of those last 3 months.

    11.  If in any month, the amount of gross revenue is less than zero, the licensee may offset the loss against gross revenue in succeeding months until the loss has been fully offset.

    12.  If in any month, the amount of the license fee due is less than zero, the licensee is entitled to receive a credit against any license fees due in succeeding months until the credit has been fully offset.    Sec. 20.  NRS 463.387 is hereby amended to read as follows:

    463.387  1.  State gaming license fees or taxes paid in excess of the amount required to be reported and paid may be refunded, upon the approval of the commission, as other claims against the state are paid.

    2.  Within 90 days after the mailing of the notice of the commission’s action upon a claim for refund filed pursuant to this chapter, the claimant may bring an action against the commission on the grounds set forth in the claim in any court of competent jurisdiction for the recovery of the whole or any part of the amount with respect to which the claim has been disallowed.

    3.  Failure to bring an action within the time specified in subsection 2 constitutes a waiver of any demand against the state on account of alleged overpayments.

    4.  Within 20 days after the mailing of the notice of the commission’s action upon a claim for refund filed pursuant to this chapter, the claimant may file a motion for rehearing with the commission. The commission must take action on the motion for rehearing within 50 days after it has been filed with the commission. If the motion for rehearing is granted, the commission’s earlier action upon the claim for refund is rescinded and the 90-day period specified in subsection 2 does not begin until the commission mails notice of its action upon the claim following the rehearing.

    5.  If the commission fails to mail its notice of action on a claim within 6 months after the claim is filed or reheard, the claimant may consider the claim disallowed and bring an action against the commission on the grounds set forth in the claim for the recovery of the whole or any part of the amount claimed as an overpayment.

    6.  In any case where a refund is granted, interest must be allowed at

one-half the rate prescribed in NRS 17.130 upon the amount found to have been erroneously paid from the first day of the first month following the date of overpayment until paid. The commission may in its discretion deny or limit the payment of interest if it finds that the claimant has failed to file a claim for a refund within 90 days after receiving written notification of overpayment from the board or has impeded the board’s ability to process the claim in a timely manner.

    7.  Notwithstanding the provisions of NRS 353.115, any claim for refund of state gaming license fees or taxes paid in excess of the amount required to be reported and paid

 

[,] must be filed with the commission within 5 years after the date of overpayment and not thereafter.

    8.  The provisions of this chapter must not be construed to permit the proration of state gaming taxes or license fees for purposes of a refund.

    Sec. 21.  NRS 463.400 is hereby amended to read as follows:

    463.400  Any person who willfully fails to report, pay or truthfully account for and pay over the license fees imposed by NRS 463.370, 463.373 to 463.3855, inclusive, and sections 6 to 9, inclusive, of this act, 463.390 and 463.450, or willfully attempts in any manner to evade or defeat any such tax or payment thereof, or any licensee who puts additional games into play without authority of the commission to do so or any licensee who fails to remit any license fee provided for by this chapter when due is in addition to the amount due liable for a penalty of the amount of the license fee evaded or not paid, collected or paid over. The penalty must be assessed and collected in the same manner as are other charges, license fees and penalties under this chapter.

    Sec. 22.  NRS 463.403 is hereby amended to read as follows:

    463.403  1.  Every person required to pay the tax imposed by NRS 463.401 shall file with the commission, on or before the 24th day of each month, a report showing the amount of all taxable receipts for the preceding month.

    2.  Each report must be accompanied by the amount of tax which is due for the month covered by the report.

    3.  If the amount of tax required to be reported and paid pursuant to NRS 463.401 is later determined to be greater or less than the amount actually reported and paid, the commission shall:

    (a) Charge and collect the additional tax determined to be due, with interest thereon until paid; or

    (b) Refund any overpayment to the person entitled thereto pursuant to this chapter, with interest thereon.

Interest

[is]

pursuant to paragraph (a) must be computed at the rate prescribed in NRS 17.130 from the first day of the first month following

[either] the due date of the additional tax [or the date of overpayment] until paid.

 Interest pursuant to paragraph (b) must be computed at one-half the rate prescribed in NRS 17.130 from the first day of the first month following the date of overpayment until paid.

    Sec. 23.  NRS 463.450 is hereby amended to read as follows:

    463.450  1.  Any disseminator of such information obtaining a license under NRS 463.430 to 463.480, inclusive, shall pay to the commission a fee of 4.25 percent of the total fees collected from users each calendar month for the dissemination of live broadcasts.

    2.  The commission shall collect the fee on or before the last day of each calendar month for the preceding calendar month.

    3.  If the amount of the fee required by this section to be reported and paid is determined to be different than the amount reported or paid by the licensee, the commission shall:

    (a) Charge and collect any additional fee determined to be due, with interest thereon until paid; or

    (b) Refund any overpaid fees to the person entitled thereto pursuant to this chapter, with interest thereon.

Interest [is]

pursuant to paragraph (a) must be computed at the rate prescribed in NRS 17.130 from the first day of the first calendar month following

[either] the due date of the additional license fees [or the date of overpayment] until paid.

 Interest pursuant to paragraph (b) must be computed at one-half the rate prescribed in NRS 17.130 from the first day of the first month following the date of overpayment until paid.

    4.  The commission shall remit all fees collected, less any fees refunded pursuant to subsection 3, to the state treasurer for deposit to the credit of the state general fund.

    Sec. 24.  NRS 463.482 is hereby amended to read as follows:

    463.482  As used in NRS 463.160 to 463.170, inclusive,

and section 3 of this act, 463.368, 463.386 and 463.482 to 463.645, inclusive, unless the context otherwise requires, the words and terms defined in NRS 463.4825 to 463.488, inclusive, have the meanings ascribed to them in those sections.

    Sec. 25.  NRS 463.643 is hereby amended to read as follows:

    463.643  1.  Each person who acquires, directly or indirectly, beneficial ownership of any voting security in a publicly traded corporation which is registered with the commission may be required to be found suitable if the commission has reason to believe that his acquisition of [such]

that ownership would otherwise be inconsistent with the declared policy of this state.

    2.  Each person who acquires, directly or indirectly, beneficial ownership of any debt security in a publicly traded corporation which is registered with the commission may be required to be found suitable if the commission has reason to believe that his acquisition of [such]

the debt security would otherwise be inconsistent with the declared policy of this state.

    3.  Each person who, individually or in association with others, acquires, directly or indirectly, beneficial ownership of more than 5 percent of any class of voting securities of a publicly traded corporation registered with the Nevada gaming commission, and who is required to report, or voluntarily reports, [such]

the acquisition to the Securities and Exchange Commission pursuant to section 13(d)(1), 13(g) or 16(a) of the Securities Exchange Act of 1934, as amended ,

[(]

 15 U.S.C. §§ 78m(d)(1), 78m(g) and 78p(a), respectively ,

[),] shall file a copy of that report, and any amendments thereto, with the Nevada gaming commission within 10 days after filing that report with the Securities and Exchange Commission.

    4.  Each person who, individually or in association with others, acquires, directly or indirectly, the beneficial ownership of more than 10 percent of any class of voting securities of a publicly traded corporation registered with the commission,

[and]

or who is required to report, or voluntarily reports,

[the]

such acquisition pursuant to section 13(d)(1), 13(g) or 16(a) of the Securities Exchange Act of 1934, as amended ,

[(]

 15 U.S.C. §§ 78m(d)(1), 78m(g) and 78p(a), respectively ,

[),] shall apply to the commission for a finding of suitability within 30 days after the chairman of the board mails the written notice.

    5.  A person who acquires beneficial ownership of any voting security or debt security in a publicly traded corporation created under the laws of a foreign country which is registered with the commission shall file such reports and is subject to such a finding of suitability as the commission may prescribe.

    6.  Any person required by the commission or by this section to be found suitable shall:

    (a) Except as otherwise required in subsection 4, apply for a finding of suitability within 30 days after the commission requests that he do so; and

    (b) Together with the application, deposit with the board a sum of money which, in the opinion of the board, will be adequate to pay the anticipated costs and charges incurred in the investigation and processing of the application, and deposit such additional sums as are required by the board to pay final costs and charges.

    7.  Any person required by the commission or this section to be found suitable who is found unsuitable by the commission shall not hold directly or indirectly the beneficial ownership of any voting security or debt security of a publicly traded corporation which is registered with the commission beyond the time prescribed by the commission.

    8.  The violation of subsection 6 or 7 is a gross misdemeanor.

    9.  As used in this section, “debt security” means any instrument generally recognized as a corporate security representing money owed and reflected as debt on the financial statement of a publicly traded corporation, including, but not limited to, bonds, notes and debentures.

    Sec. 26.  NRS 463.650 is hereby amended to read as follows:

    463.650  1.  Except as otherwise provided in subsections 2 to 5, inclusive, it is unlawful for any person, either as owner, lessee or employee, whether for hire or not, to operate, carry on, conduct or maintain any form of manufacture, selling or distribution of any gaming device ,

[or] cashless wagering system

or interactive gaming system for use or play in Nevada or for distribution outside of Nevada without first procuring and maintaining all required federal, state, county and municipal licenses.

    2.  A lessor who specifically acquires equipment for a capital lease is not required to be licensed under this section or NRS 463.660.

    3.  The holder of a state gaming license or the holding company of a corporation, partnership, limited partnership, limited-liability company or other business organization holding a license may, within 2 years after cessation of business or upon specific approval by the board, dispose of by sale in a manner approved by the board, any or all of its gaming devices, including slot machines, and cashless wagering systems, without a distributor’s license. In cases of bankruptcy of a state gaming licensee or foreclosure of a lien by a bank or other person holding a security interest for which gaming devices are security in whole or in part for the lien, the board may authorize the disposition of the gaming devices without requiring a distributor’s license.

    4.  The commission may, by regulation, authorize a person who owns gaming devices for home use in accordance with NRS 463.160 to sell such devices without procuring a license therefor.

    5.  Upon approval by the board, a gaming device owned by:

    (a) A law enforcement agency;

    (b) A court of law; or

    (c) A gaming device repair school licensed by the commission on postsecondary education,

may be disposed of by sale, in a manner approved by the board, without a distributor’s license. An application for approval must be submitted to the board in the manner prescribed by the chairman.

    6.  Any person whom the commission determines is a suitable person to receive a license under the provisions of this section and NRS 463.660 may be issued a manufacturer’s or distributor’s license. The burden of proving his qualification to receive or hold a license under this section and NRS 463.660 is at all times on the applicant or licensee.

    7.  Every person who must be licensed pursuant to this section is subject to the provisions of NRS 463.482 to 463.645, inclusive, unless exempted from those provisions by the commission.

    8.  The commission may exempt, for any purpose, a manufacturer, seller or distributor from the provisions of NRS 463.482 to 463.645, inclusive, if the commission determines that the exemption is consistent with the purposes of this chapter.

    9.  As used in this section, “holding company” has the meaning ascribed to it in NRS 463.485.

    Sec. 27.  NRS 463.670 is hereby amended to read as follows:

    463.670  1.  The legislature finds and declares as facts:

    (a) That the inspection of gaming devices, associated equipment

 ,

[and] cashless wagering systems

 and interactive gaming systems is essential to carry out the provisions of this chapter; and

    (b) That inspection of gaming devices, associated equipment

 ,

[and] cashless wagering systems

 and interactive gaming systems is greatly facilitated by the opportunity to inspect components before assembly and to examine the methods of manufacture.

    2.  The board may inspect every gaming device which is manufactured, sold or distributed:

    (a) For use in this state, before the gaming device is put into play.

    (b) In this state for use outside this state, before the gaming device is shipped out of this state.

    3.  The board may inspect every gaming device which is offered for play within this state by a licensee.

    4.  The board may inspect all associated equipment

 ,

[and] every cashless wagering system

 and every interactive gaming system which is manufactured, sold or distributed for use in this state before the equipment or system is installed or used by a licensee and at any time while the licensee is using the equipment or system.

    5.  In addition to all other fees and charges imposed by this chapter, the board may determine, charge and collect an inspection fee from each manufacturer, seller or distributor which must not exceed the actual cost of inspection and investigation.

    Sec. 28. NRS 463A.010 is hereby amended to read as follows:

    463A.010  The legislature finds and declares that:

    1.  The relationship which exists between a labor organization and the employees whom it represents

or seeks to represent in collective bargaining is such that it may significantly affect the conduct of a gaming operation by an employer.

    2.  In the past, attempts have been made by persons whose background is not suitable for association with licensed gaming to gain positions of control in labor organizations representing

or seeking to represent gaming casino employees in this state.

    3.  In order to carry out the declared policy of this state that licensed gaming be conducted freely and honestly, and in order to protect the welfare of the employees of the gaming industry which is fundamental to the economy of this state, it is necessary to determine the suitability of any person who performs

or seeks to perform certain significant functions in the representation of gaming casino employees in this state.

    Sec. 29. NRS 463A.020 is hereby amended to read as follows:

    463A.020  As used in this chapter:

    1.  “Board” means the state gaming control board.

    2.  “Commission” means the Nevada gaming commission.

persons;

    (c) All personnel involved in the operation of games, such as bingo and keno;

    (d) All personnel involved in operating and maintaining slot machines, such as mechanics, floormen, change and payoff persons and the supervisors of such persons;

    (e) All personnel involved in security, such as guards, games observers and the supervisors of such persons;

    (f) All personnel involved in the operation of a race or sports book, such as writers, boardmen, cashiers and the supervisors of such persons;

    (g) All personnel involved in the operation of a pari-mutuel operation licensed under chapter 464 of NRS and any sporting event on which such pari-mutuel wagering is conducted; and

    (h) Such other persons whose duties are similar to the classifications set forth in paragraphs (a) to (g), inclusive, as the commission may from time to time designate by regulation,

but does not include personnel whose duties are related solely to such nongaming activities as entertainment, hotel operation, maintenance and the preparation and serving of food and beverages.

    4.  “Labor organization” means an organization of any kind, or any agency or employee representation committee or plan, which exists for the purpose, in whole or in part, of dealing

or seeking to deal with employers of gaming casino employees concerning grievances, labor disputes, wages, rates of pay, hours of employment or conditions of work of gaming casino employees.

    Sec. 30. NRS 463A.030 is hereby amended to read as follows:

    463A.030  1.  [Every]

Not later than the date on which a labor organization which represents or seeks to represent gaming casino employees in this state begins an organizational activity directed at a gaming casino employee, the labor organization shall file with the board a list of its personnel who:

    (a) Adjust

or seek to adjust grievances for, negotiate or administer the wages, hours, working conditions or conditions of employment of any gaming casino employee;

    (b) Solicit, collect or receive

or seek to solicit, collect or receive any dues, assessments, levies, fines, contributions or other charges within this state for or on behalf of the organization from gaming casino employees; or

    (c) Act as officers, members of the governing body, business agents or in any other policymaking or supervisory position in the organization.

    2.  Each person listed shall file with the board his fingerprints and complete information in writing concerning his labor organization activities, prior performance of the same or similar functions, previous employment or occupational history, and criminal record if any, covering at least a 10-year period unless the board determines that a shorter period is appropriate.

    3.  The commission shall by regulation prescribe the frequency or circumstances or both with or under which the list [shall]

must be revised.

    4.  The commission may by regulation prescribe:

    (a) Any further information to be required concerning each person listed or each person performing a particular function.

    (b) The addition of other personnel to the list whose duties significantly affect the conduct of a gaming operation.

    5.  In adopting regulations pursuant to this section, the commission shall proceed in the manner prescribed in chapter 463 of NRS.

    6.  For the purposes of this section, “organizational activity” means:

    (a) Soliciting membership by direct personal contact;

    (b) Distributing cards regarding interests or representation; or

    (c) Distributing or posting a flyer, poster or advertisement.

    Sec. 31. NRS 463A.050 is hereby amended to read as follows:

    463A.050  1.  To determine suitability under and compliance with the provisions of this chapter, the board may investigate any person whose name is listed by a labor organization or who it believes is performing

 or seeking to perform a function which requires listing. For this purpose , the board is vested with all of the powers which it possesses for the investigation of an applicant for or holder of a state gaming license, and may further make such examination as it reasonably deems necessary of the financial records of any labor organization for whom such a person is performing or seeking to perform such a function.

    2.  The cost of any investigation required by this section [shall]

must be paid by the board from

[moneys]

money appropriated or authorized to be used for this purpose.

    3.  Whenever the board undertakes an investigation pursuant to this section, [it]

the board shall employ or consult with some person who has a professional background in the field of labor relations. The same services may be retained to assist the commission upon any subsequent hearing of the matter.

    4.  The board shall, if appropriate, recommend to the commission that a person investigated be disqualified.

    Sec. 32. NRS 463A.060 is hereby amended to read as follows:

    463A.060  1.  If the board recommends that a person be disqualified, the commission shall serve upon the person and the labor organization for which the person is performing his function

[a notice, a]

or seeking to perform that function:

    (a) A notice;

    (b) A statement of the reasons for the recommendation ; and

[three]

    (c) Three copies of a form entitled “Notice of Defense.”

    2.  The notice of defense must read substantially as follows:

 

NOTICE OF DEFENSE

 

Instructions to Respondents: Two copies of this form should be filed with the Nevada gaming commission, Carson City, Nevada, within 15 days after service upon you of the enclosed complaint. The form must be signed by you or on your behalf. You will note that blanks are provided for any information you wish to supply.

 

    YesNo

 

1.  Do you request a hearing?            ¨            ¨

2.  Do you admit the facts stated in the complaint?       ¨            ¨

If you admit some of the facts stated in the complaint, but deny others, please specify:

 

(space for answer)

 

 

 

3.  Are there any defenses or explanations which you

believe the commission should consider?       ¨            ¨

If so, please specify:

 

(space for answer)

 

4.  Do you wish to state any legal objections to the

complaint?             ¨            ¨

If so, please specify:

 

(space for answer)

 

Note: If you fail to file two copies of this form as specified, the commission may proceed upon the complaint without a hearing.

 

    Sec. 33.  NRS 465.070 is hereby amended to read as follows:

    465.070  It is unlawful for any person:

    1.  To alter or misrepresent the outcome of a game or other event on which wagers have been made after the outcome is made sure but before it is revealed to the players.

    2.  To place, increase or decrease a bet or to determine the course of play after acquiring knowledge, not available to all players, of the outcome of the game or any event that affects the outcome of the game or which is the subject of the bet or to aid anyone in acquiring such knowledge for the purpose of placing, increasing or decreasing a bet or determining the course of play contingent upon that event or outcome.

    3.  To claim, collect or take, or attempt to claim, collect or take, money or anything of value in or from a gambling game, with intent to defraud, without having made a wager contingent thereon, or to claim, collect or take an amount greater than the amount won.

    4.  Knowingly to entice or induce another to go to any place where a gambling game is being conducted or operated in violation of the provisions of this chapter, with the intent that the other person play or participate in that gambling game.

    5.  To place or increase a bet after acquiring knowledge of the outcome of the game or other event which is the subject of the bet, including past-posting and pressing bets.

    6.  To reduce the amount wagered or cancel the bet after acquiring knowledge of the outcome of the game or other event which is the subject of the bet, including pinching bets.

    7.  To manipulate, with the intent to cheat, any component of a gaming device in a manner contrary to the designed and normal operational purpose for the component, including, but not limited to, varying the pull of the handle of a slot machine, with knowledge that the manipulation affects the outcome of the game or with knowledge of any event that affects the outcome of the game.

    8.  To offer, promise or give anything of value to anyone for the purpose of influencing the outcome of a race, sporting event, contest or game upon which a wager may be made, or to place, increase or decrease a wager after acquiring knowledge, not available to the general public, that anyone has been offered, promised or given anything of value for the purpose of influencing the outcome of the race, sporting event, contest or game upon which the wager is placed, increased or decreased.

    9.  To change or alter the normal outcome of any game played on an interactive gaming system or the way in which the outcome is reported to any participant in the game.    Sec. 34. 1.  The Nevada gaming commission shall, on or before January 1, 2003, adopt regulations to carry out the amendatory provisions of section 16 of this act and transmit a copy of those regulations to each county and city licensing authority that issues work permits to work as a gaming employee.

    2.  The amendatory provisions of sections 13 and 16 of this act apply to any work permit to work as a gaming employee that is issued by the state gaming control board or a county or city licensing authority on or after January 1, 2003.

    3.  On or after January 1, 2003, a county or city licensing authority is prohibited from issuing a work permit to work as a gaming employee that does not comply with the provisions of this act and the regulations adopted by the Nevada gaming commission.

    4.  A work permit to work as a gaming employee that was issued before January 1, 2003, is valid until it expires or is revoked in accordance with the provisions of NRS 463.335 that remain in effect until January 1, 2003.

    Sec. 35.  The amendatory provisions of this act do not apply to offenses committed before July 1, 2001.    Sec. 36.  1.  This section and sections 28 to 32, inclusive, of this act become effective upon passage and approval.    2.  Sections 16 and 34 of this act become effective upon passage and approval for purposes related to the adoption and dissemination of regulations by the Nevada gaming commission and on January 1, 2003, for all other purposes.    3.  Sections 1 to 12, inclusive, 14, 15, 17 to 27, inclusive, 33 and 35 of this act become effective on July 1, 2001.    4.  Section 13 of this act becomes effective on January 1, 2003.”.

    Amend the title of the bill to read as follows:

“AN ACT relating to gaming; authorizing the Nevada gaming commission to adopt regulations governing the licensing and operation of interactive gaming if the commission first makes certain determinations; providing that a license to operate interactive gaming may be issued only to resort hotels or certain other establishments holding nonrestricted licenses; providing for certain license fees relating to interactive gaming; providing that gross revenue received from interactive gaming is subject to taxation in the same manner as gross revenue received from other games; exempting the operation of interactive gaming from certain other fees and taxes; revising the computation of interest payable by the commission on the overpayment of certain fees and taxes; prohibiting a person from operating interactive gaming until the commission adopts regulations and unless the person procures and maintains all licenses required pursuant to the regulations; providing for the enforceability of gaming debts incurred pursuant to an interactive gaming system; providing for the licensure and regulation of manufacturers of interactive gaming systems and manufacturers of equipment associated with interactive gaming; revising provisions relating to persons who acquire a certain beneficial ownership in a publicly traded corporation registered with the commission; revising the definitions of “gaming employee” and “manufacturer” for the purposes of the Nevada Gaming Control Act; revising provisions governing applications for restricted licenses; providing for the issuance of statewide work permits for gaming employees; establishing a maximum fee for the issuance of such work permits; revising various provisions governing the listing, investigation and disqualification of personnel of a labor organization for gaming employees; prohibiting certain fraudulent acts concerning gaming; providing penalties; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

“SUMMARY—Enacts provisions governing licensing and operation of interactive gaming and revises various provisions relating to gaming. (BDR 41‑244)”.

Assemblyman Anderson moved that the Assembly adopt the report of the first Conference Committee concerning Assembly Bill No. 466.

    Remarks by Assemblyman Anderson.

    Motion carried by a two-third’s majority.

Consideration of Senate Amendments

    Assembly Bill No. 664.

    The following Senate amendment was read:

    Amendment No. 1221.

    Amend the bill as a whole by adding new sections designated sections 14.3 through 14.7, following sec. 14, to read as follows:

    “Sec. 14.3. Chapter 396 of NRS is hereby amended by adding thereto the provisions set forth as sections 14.5 and 14.7 of this act.

    Sec. 14.5.  District 11 consists of, in Washoe County:

    1.  Census tracts 001400, 001901, 001902, 002603, 002604, 002605, 002606, 002607, 002701, 002702, 002801, 002802, 002901, 002902, 003000, 003101, 003105, 003106, 003107, 003108, 003501, 003502, 003503, 003504, 003505, 003506, 003507 and 940100.

    2.  Census voting districts 401, 404, 419, 423, 432, 433, 443, 450, 528, 530, 540, 623, 747, 748, 751, 752, 848, 913, 914, 916 and 934.

    3.  In census tract 000100, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012, 3013, 3014, 3015, 3016, 3017, 3018, 3019, 3020, 3021, 3022, 3023, 5000, 5001, 5006, 5007, 5008, 5009, 5053 and 5054.

    4.  In census tract 001006, blocks 2111, 2118, 2119, 2120 and 2999.

    5.  In census tract 001500, blocks 1000, 1001, 2002, 3012 and 3017.

    6.  In census tract 001700, blocks 1000, 1001, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 2000, 2001, 2002, 2005, 5000, 5001, 5002, 5003, 5012, 5013 and 5014.

    7.  In census tract 001800, blocks 4014, 4015, 4016, 5000, 5006, 5007 and 5008.

    8.  In census tract 002103, blocks 2000 and 2999.

    9.  In census tract 002300, blocks 1002, 1003, 1004, 1016, 1017, 1018, 2000, 2001, 2003, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029, 2030, 2031, 2032, 2033, 2034, 2035, 2036, 2037, 2038, 2039, 2040, 2041, 2042, 2043, 2044, 2045, 2046, 2047, 2048, 2049, 2050, 2051, 2052, 2053, 2054, 2055, 2056, 2057, 2058, 2059, 2060, 2061, 2062, 2063, 2064, 2065, 2066, 2067, 2068, 2069, 2070, 2071, 2072, 2073, 2074, 2075, 2076, 2077, 2078, 2079, 2080, 2081, 2082, 2083, 2084, 2092, 2143, 2144 and 2994.

    10.  In census tract 002401, block 2021.

    11.  In census tract 002402, blocks 1006, 1007, 1008, 1009, 1024, 2066, 2081, 2082 and 2083.

    12.  In census tract 002500, blocks 1009, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2015, 2016, 2017, 2018, 2019, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3016, 3017, 3018, 3019, 3020, 3021, 3022, 3023 and 3024.

    13.  In census tract 002609, blocks 1000, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1032, 1033, 1034, 1036, 1037, 1038, 1039, 1041, 1044, 1047, 1048, 1049, 1050, 1051, 1052, 1053, 1054, 1055, 1056, 1057, 1058, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029, 2030, 2031, 2032, 2033, 2034, 2035, 2037, 2038 and 2039.

    Sec. 14.7. District 12 consists of, in Clark County:

    1.  Census tracts 003203, 003204, 003205, 003206, 003207, 003208, 003209, 003301, 003302, 003303, 003304, 003305, 003306, 003408, 003409, 003410, 003411, 003606, 003608, 005431, 005432, 005433, 005501, 005503, 005504, 005606, 005607, 005608, 005609, 005611, 005612, 005613 and 005901.

    2.  Census voting districts 1007, 2046, 2047, 2048, 2106, 2140, 3131 and 3136.

    3.  In census tract 003413, blocks 2000, 2001, 2002, 2003, 2011, 2019, 2020, 2021, 2022, 2024 and 2025.

    4.  In census tract 003414, block 1021.

    5.  In census tract 003603, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1025, 1026, 1027, 1028, 1029, 1052, 1057, 1059, 1060, 1061, 1062, 1063, 1064, 1065, 1066, 1067, 1068, 1069, 1070, 1073 and 1074.

    6.  In census tract 003604, blocks 1000, 1008, 1009, 1010, 1011 and 1012.

    7.  In census tract 003605, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 2000, 2001, 2009, 2010, 2011, 2012, 2013, 2014, 2032, 2033, 2034 and 2035.

    8.  In census tract 003607, blocks 1000, 1004, 1005 and 1006.

    9.  In census tract 005502, blocks 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1042, 1043, 1044, 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1053, 1054, 1055, 1056, 1057, 1058, 1059, 1060, 1061, 1062, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010 and 2011.

    10.  In census tract 005710, blocks 1000, 1009, 1010, 1011, 1012 and 1013.

    11.  In census tract 005817, blocks 1000 and 1163.

    12.  In census tract 005902, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043, 1044, 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1053, 1054, 1055, 1056, 1057, 1058, 1059, 1060, 1061, 1062, 1063, 1064, 1065, 1066, 1067, 1068, 1069, 1070, 1071, 1072, 1073, 1074, 1075, 1076, 1077, 1078, 1079, 1080, 1081, 1082, 1083, 1084, 1085, 1086, 1087, 1088, 1089, 1090, 1091, 1092, 1093, 1094, 1095, 1096, 1097, 1098, 1099, 1100, 1101, 1102, 1103, 1104, 1105, 1106, 1107, 1108, 1109, 1110, 1111, 1112, 1118, 1121, 1134, 1135, 1136, 1137, 1138, 1139, 1140, 1141, 1142, 1143, 1144, 1145, 1146, 1147, 1148, 1149, 1150, 1151, 1152, 1153, 1154, 1155, 1156, 1157, 1158, 1159, 1160, 1161, 1162, 1163, 1164, 1165, 1166, 1167, 1168, 1169, 1170, 1171, 1172, 1173, 1174, 1175, 1176, 1177, 1178, 1179, 1180, 1181, 1182, 1183, 1184, 1185, 1186, 1187, 1188, 1189, 1190, 1191, 1192, 1193, 1194, 1195, 1196, 1197, 1198, 1199, 1200, 1201, 1202, 1203, 1204, 1205, 1206, 1207, 1208, 1209, 1210, 1211, 1212, 1213, 1214, 1215, 1216, 1217, 1218, 1219, 1220, 1221, 1222, 1223, 1224, 1225, 1226, 1227, 1228, 1229, 1230, 1231, 1232, 1233, 1234, 1235, 1236, 1237, 1238, 1239, 1240, 1241, 1242, 1243, 1244, 1245, 1246, 1247, 1248, 1249, 1250, 1251, 1259, 1260, 1261, 1262, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029, 2030, 2031, 2032, 2033, 2034, 2035, 2036, 2037, 2038, 2039, 2040, 2041 and 9019.

    13.  In census tract 006000, blocks 9000, 9001, 9002, 9003, 9004, 9005, 9006, 9007, 9008, 9048, 9049 and 9055.

    14.  In census tract 006101, blocks 2001 and 2016.

    15.  In census tract 006102, blocks 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012, 3013, 3014, 3015, 3016, 3017, 3018, 3019, 3020, 3021, 3022, 3023, 3024, 3025, 3026, 3027, 3028, 3029 and 3030.”.

    Amend sec. 17, page 20, line 14, by deleting “11” and inserting “13”.

    Amend sec. 17, page 20, by deleting line 29 and inserting:

“described in NRS 396.0415 to 396.046, inclusive, and sections 14.5 and 14.7 of this act.”.

    Amend sec. 17, page 20, line 38, by deleting “4, 6” and inserting:

“2, 3, 5”.

    Amend sec. 17, page 20, line 44, by deleting:

“2, 5, 7, 8 and 11.” and inserting:

“6, 7, 8, 11 and 13.”.

    Amend sec. 17, page 21, line 2, by deleting:

“3 and 9.” and inserting:

“4, 9 and 12.”.

    Amend sec. 18, page 21, line 9, by deleting “inclusive.” and inserting:

“inclusive [.], and sections 14.5 and 14.7 of this act.”.

    Amend the bill as a whole by deleting sections 19 through 28 and adding new sections designated sections 19 through 28, following sec. 18, to read as follows:

    “Sec. 19. NRS 396.0415 is hereby amended to read as follows:

    396.0415  [Subdistrict A of district 1 consists of, in Washoe County:

    1.  Census voting districts 0103, 0105, 0106, 0109, 0111, 0112, 0116, 0118, 0121, 0122, 0123, 0124, 0125, 0127, 0131, 0132, 0133, 0135, 0136, 0200, 0203, 0206, 0208, 0212, 0215, 0223, 0231, 0232, 0235, 0240, 0242, 0243, 0244, 0245, 0251, 0252, 0253, 0305, 0306, 0310, 0312, 0317, 0323, 0335, 0336, 0337, 0338, 0339, 0346, 0347, 0348, 0350, 0351, 0402, 0403, 0410, 0420 and 0425, that portion of census voting district 0500 located in the Reno-Sparks census county division, and census voting districts 0501, 0507, 0516, 0517, 0521, 0522, 0524, 0532, 0533, 0534, 0535, 0536, 0700, 0701, 0702, 0704, 0707, 0709, 0710, 0749, 0761, 0780, 0781, 0782, 0795, 0803, 0849 and 0901.

    2.  All of census voting district 0444 except blocks 301B and 302B.] District 1 consists of, in Clark County:

    1.  Census tracts 000201, 000203, 000301, 000302, 000600, 000800, 000900, 003425, 003500, 003602, 003609, 003610, 003611, 003612, 003613, 003614, 003615, 003700, 004703, 004711, 004712, 004714, 004715, 004716, 006203 and 006204.

    2.  Census voting districts 2004, 2021, 2044, 2056, 2083, 2112, 2117, 2129, 2142, 4021, 4022, 4033, 4060 and 4066.

    3.  In census tract 000101, blocks 2000, 2001, 2002, 2003, 2014 and 2015.

    4.  In census tract 000204, blocks 1000, 1003, 1007, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019 and 1020.

    5.  In census tract 000400, blocks 1001, 1002, 1003, 1004, 1007, 3004, 3005, 3006, 3007, 3008, 3012, 3013, 3014, 3015, 4005, 4006, 4007, 4008, 4009, 4010, 4011, 4012, 4013, 4014, 4015, 4016, 4017, 6000, 6001, 6002, 6003, 6004, 6005, 6006, 6007, 6008, 6009, 6010, 6011 and 6012.

    6.  In census tract 000700, blocks 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043, 1044, 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1053, 1054, 1055, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015 and 2016.

    7.  In census tract 001100, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007 and 2008.

    8.  In census tract 003603, blocks 1022, 1023, 1024, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043, 1044, 1045, 1046, 1047, 1048, 1049, 1058, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022 and 2023.

    9.  In census tract 003604, blocks 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1013, 1014, 1015, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010 and 3011.

    10.  In census tract 003605, blocks 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029, 2030 and 2031.

    11.  In census tract 003607, blocks 1001, 1002, 1003, 1007, 1008, 1009, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007 and 3008.

    12.  In census tract 003800, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 3006, 4001 and 4009.

    13.  In census tract 004400, block 2003.

    14.  In census tract 004500, block 1003.

    15.  In census tract 004600, blocks 1013, 1014, 1015, 1016, 1018, 2000, 2001, 2002, 2003, 2004, 2005, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012, 3013, 3014, 3015, 3016, 3017, 3018 and 3019.

    16.  In census tract 004713, blocks 1001, 1004, 1005, 1006, 1007, 1008 and 1009.

    17.  In census tract 004717, blocks 1000, 1001, 1002, 2003, 2008, 2009, 2010, 2011 and 2012.

    18.  In census tract 006000, blocks 9009, 9010, 9011, 9012, 9013, 9017, 9018, 9019, 9020, 9021, 9026, 9027, 9028, 9029, 9030, 9031, 9032, 9033, 9034, 9035, 9038, 9039, 9040, 9041, 9042, 9043, 9044, 9045, 9046, 9047, 9050, 9051, 9052, 9053 and 9054.

    19.  In census tract 006102, blocks 3031, 3032, 3033, 3034 and 3035.

    20.  In census tract 006201, blocks 1000, 1001, 1002, 1003, 1004, 1005 and 1006.

    21.  In census tract 006202, blocks 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014 and 2015.

    Sec. 20.  NRS 396.0425 is hereby amended to read as follows:

    396.0425  [Subdistrict B of district 1 consists of, in Washoe County:

    1.  Census voting districts 0401, 0404, 0412, 0419, 0421, 0428, 0429, 0430, 0441, 0442, 0443, 0445, 0453, 0455, 0456, 0457 and 0458, that portion of census voting district 0500 located in the Verdi census county division, census voting districts 0505, 0508, 0610, 0611, 0613, 0614, 0615, 0616, 0617, 0619, 0620, 0621, 0624, 0625, 0626, 0627, 0630, 0631, 0632, 0633, 0634, 0635, 0638, 0639, 0640, 0641, 0642, 0643, 0648, 0649, 0650, 0651, 0652, 0654, 0655, 0658, 0659, 0708, 0713, 0714, 0719, 0725, 0726, 0728, 0734, 0735, 0741, 0747, 0748, 0750, 0752, 0753, 0755, 0760 and 0768, that portion of census voting district 0771 located in the Verdi census county division, census voting districts 0774, 0796, 0801, 0802, 0807, 0808, 0809, 0810, 0811, 0812 and 0813, that portion of census voting district 0815 located in the Reno-Sparks census county division, and census voting districts 0821, 0848, 0850, 0851, 0852, 0853, 0854, 0855, 0856, 0904, 0905 and 0907.

    2.  In census voting district 0444, blocks 301B and 302B.] District 2 consists of, in Clark County:

    1.  Census tracts 000102, 000103, 000104, 000105, 001003, 001004, 001005, 001006, 002203, 002204, 002205, 002905, 002937, 002938, 002947, 003001, 003101, 003102, 003416, 003417, 003419, 003420, 003422, 003423 and 003424.

    2.  Census voting districts 2049, 2051, 2052, 2054, 2055, 2104, 3027, 3029, 3104, 6028, 6029, 6030 and 6042.

    3.  In census tract 000101, blocks 1000, 1001, 1002, 1003, 1004, 2005, 2006, 2007, 2008, 2009, 2010, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029, 3001, 3008, 3009, 4000, 4001, 4002, 4003, 4004, 4005, 4006, 4007, 4008, 4009, 4010, 4011, 4012, 4013, 4014 and 4015.

    4.  In census tract 000204, blocks 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011 and 2012.

    5.  In census tract 002201, blocks 2012 and 2013.

    6.  In census tract 002935, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1008 and 1009.

    7.  In census tract 002936, blocks 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2009, 2010, 2011 and 2012.

    8.  In census tract 002946, blocks 1000, 1001 and 1002.

    9.  In census tract 002949, blocks 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010 and 2011.

    10.  In census tract 002954, blocks 1000, 1001, 1002 and 1003.

    11.  In census tract 002955, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1009, 1010, 2001, 2003 and 2004.

    12.  In census tract 003004, block 2000.

    13.  In census tract 003005, blocks 4000, 4001 and 4002.

    14.  In census tract 003006, blocks 3000 and 3001.

    15.  In census tract 003412, block 3017.

    16.  In census tract 003413, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1015, 1016, 1017, 1018, 1019 and 1023.

    17.  In census tract 003415, blocks 3000, 3001, 3002, 3004, 4000, 4001, 4012, 6000, 6001, 6002, 6003, 6005, 6006, 6007, 6008, 6009 and 6015.

    Sec. 21.  NRS 396.043 is hereby amended to read as follows:

    396.043  [Subdistrict A of district 2 consists of:

    1.  In Clark County, census voting districts 0025, 0030, 0035, 0065, 0100, 0105, 0130, 0160, 0300, 0310, 0385, 0430, 0470, 0515, 0535, 0540, 0605, 0610, 0785, 0935, 0955, 1105, 1110, 1115, 1120, 1125, 1130, 1135, 1140, 1145, 1155, 1160, 1165, 1170, 1175, 1180, 1190, 1200, 1205, 1210, 1215, 1220, 1225, 1230, 1235, 1240, 1245, 1250, 1255, 1265, 1300, 1330, 1340, 2325, 2395, 2400, 2405, 2410, 2855, 2875, 2945, 2955, 2960, 2970, 2975, 2980, 2985, 2990 and 2995.

    2.  In Clark County, in census voting district 0145, blocks 101 to 104, inclusive, 116, 131, 204 and 216.

    3.  In Clark County, all of census voting district 1150 except block 210.

    4.  In Clark County, in census voting district 1260, blocks 212, 214, 215, 216, 218, 219, 220, 222, 224 and 227.

    5.  In Clark County, all of census voting district 1275 except blocks 214 and 218.

    6.  In Clark County, in census voting district 2260, blocks 501, 513 to 517, inclusive, and 522.

    7.  In Clark County, all of census voting district 2965 except blocks 901 and 902.] District 3 consists of, in Clark County:

    1.  Census tracts 002000, 002300, 002403, 002404, 002405, 002406, 002501, 002504, 002505, 002506, 002601, 002602, 002603, 002702, 002706, 002707, 002708, 002709, 002807, 002809, 002810, 002811, 002817, 002818, 002823, 002824, 002828, 002829, 002830, 002833, 002834, 005311, 005312, 005316, 005317, 005319 and 005320.

    2.  Census voting districts 1111, 5014, 7050, 7060, 7061 and 7062.

    3.  In census tract 000204, blocks 2000, 2001, 2002, 2013 and 2014.

    4.  In census tract 001100, blocks 2009, 2010, 2011, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 4000, 4001, 4002, 4003, 4004, 4005, 4006, 4007, 4008 and 4009.

    5.  In census tract 002201, blocks 2010, 2011, 2014, 2015, 2016 and 2017.

    6.  In census tract 002808, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 2001, 2002, 2003, 2007, 2009, 2010, 2012, 2013 and 2014.

    7.  In census tract 002814, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020 and 2000.

    8.  In census tract 002831, blocks 1000, 1001, 1002, 1003, 1004 and 1005.

    9.  In census tract 002832, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1019 and 1020.

    10.  In census tract 005322, block 1000.

    Sec. 22.  NRS 396.0435 is hereby amended to read as follows:

    396.0435  [Subdistrict B of district 2 consists of:

    1.  In Clark County, census voting districts 0015, 0040, 0175, 0185, 0190, 0210, 0235, 0240, 0245, 0260, 0270, 0280, 0285, 0290, 0315, 0325, 0360, 0365, 0370, 0375, 0390, 0400, 0405, 0440, 0490, 0495, 0530, 0550, 0555, 0560, 0565, 0580, 0585, 0600, 0620, 0650, 0680, 0685, 0700, 0705, 0710, 0720, 0725, 0735, 0760, 0770, 0790, 0795, 0830, 0835, 0840, 0850, 0890, 0895, 0940, 1055, 1060, 1075, 1760, 1810, 1825, 1835, 1855, 1880, 1885, 1910, 1915, 1920, 1950, 1985, 2015, 2030, 2070, 2080, 2330, 3005, 3020, 3055, 3065, 3105, 3110, 3125, 3140, 3145, 3150 and 3160.

    2.  In Clark County, in census voting district 0145, blocks 105, 114, 115, 117 and 118.] District 4 consists of, in Clark County:

    1.  Census tracts 001706, 001707, 001708, 001709, 001715, 001717, 001718, 001803, 001804, 002821, 002822, 002826, 002827, 005010, 005011, 005101, 005102, 005103, 005104, 005105, 005106, 005107, 005108, 005109, 005200, 005314, 005315, 005318, 005321, 005333, 005334, 005335, 005336, 005337, 005338, 005341, 005342, 005343 and 005345.

    2.  Census voting districts 1110, 5025, 5026, 7031, 7034, 7049, 7056, 7057 and 7058.

    3.  In census tract 001608, blocks 1007, 2003, 2004, 2005, 2006 and 2007.

    4.  In census tract 001713, blocks 1001, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013 and 2014.

    5.  In census tract 001801, blocks 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 2002, 2008, 2009, 2015, 2016, 2017, 2018 and 2021.

    6.  In census tract 002808, blocks 2000, 2004, 2005, 2006, 2008 and 2011.

    7.  In census tract 005339, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1040, 1041, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022 and 2023.

    Sec. 23.  NRS 396.044 is hereby amended to read as follows:

    396.044  [Subdistrict C of district 2 consists of, in Clark County, census voting districts 1090, 1360, 1590, 1710, 1715, 1720, 1725, 1730, 1735, 1740, 1770, 1775, 1785, 1805, 1840, 1895, 1900, 1905, 1930, 1935, 1940, 1945, 1955, 1960, 1965, 1980, 2000, 2035, 2040, 2045, 2060, 2065, 2075, 2170, 2570, 2575, 2585, 2590, 2600, 2605, 2610, 2615, 2620, 2630, 2635, 2645, 2650, 2655, 2660, 2665, 2680, 2685, 2695, 2700, 2710, 2715, 2720, 2725, 2730, 2740, 2885, 2890, 2900, 2905, 2915, 2920, 2925, 2930, 3030, 3070, 3075, 3080, 3095, 3100, 3115, 3120, 3130, 3155 and 3190.] District 5 consists of, in Clark County:

    1.  Census tracts 000503, 000504, 000510, 000511, 000514, 000516, 000518, 001200, 001300, 001400, 001500, 001609, 001901, 001902, 004000, 004100, 004200 and 004300.

    2.  Census voting districts 2018, 2020, 2062, 2067, 2069, 4008, 4011, 4012, 4013, 4014 and 4039.

    3.  In census tract 000400, blocks 5002, 5003, 5004, 5011 and 5012.

    4.  In census tract 000512, blocks 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2014 and 2015.

    5.  In census tract 000517, blocks 1000, 1001, 1002, 1003, 1004, 1005, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008 and 3009.

    6.  In census tract 000519, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011 and 3012.

    7.  In census tract 000700, block 1000.

    8.  In census tract 001608, blocks 2001 and 2002.

    9.  In census tract 003800, blocks 4000, 4002, 4003 and 4004.

    10.  In census tract 004400, blocks 1005, 1006, 1007, 1008, 1017, 1018, 1019, 2002 and 4012.

    11.  In census tract 004500, blocks 2000, 2001, 2002, 2003, 2005, 2006, 2007, 2008, 3014 and 3015.

    12.  In census tract 004600, blocks 1002, 1012, 1017, 1019, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014 and 2015.

    13.  In census tract 004707, blocks 1002, 1003, 1004, 1005, 1006, 1007, 1008 and 1009.

    14.  In census tract 004710, blocks 1004, 1005 and 1006.

    15.  In census tract 004713, blocks 1002, 1003, 1010, 1011 and 1012.

    16.  In census tract 004717, blocks 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011 and 1012.

    Sec. 24.  NRS 396.0445 is hereby amended to read as follows:

    396.0445  [Subdistrict D of district 2 consists of:

    1.  In Clark County, census voting districts 1345, 1350, 1355, 1365, 1370, 1375, 1380, 1390, 1395, 1400, 1410, 1415, 1425, 1430, 1440, 1445, 1450, 1460, 1465, 1470, 1475, 1480, 1485, 1490, 1495, 1500, 1510, 1525, 1540, 1545, 1550, 1570, 1575, 1580, 1585, 1605, 1610, 1615, 1620, 1625, 1630, 1635, 1640, 1645, 1650, 1655, 1660, 1665, 1675, 1680, 1685, 1690, 1790, 1820, 1830, 1845, 1865, 1875, 2005, 2050, 2055, 2100, 2105, 2110, 2115, 2120, 2125, 2130, 2135, 2140, 2280, 2300, 2535, 2540, 2545, 2580, 2595, 2625, 2640, 2670, 2675, 2690, 2705, 2745, 2910, 2935, 3180, 3205, 3270, 3275, 3280, 3285, 3290, 3295 and 3300.

    2.  In Clark County, in that portion of census voting district 3185 located in the Las Vegas census county division:

    (a) Blocks 105B, 201C, 901B and 903C; and

    (b) Block 902 located in census tract 005403.] District 6 consists of, in Clark County:

    1.  Census tracts 001606, 001607, 001610, 001611, 001612, 001613, 001710, 001716, 004708, 004709, 004907, 004910, 004911, 004912, 004914, 004915, 004916, 004917, 004918, 004919, 004920, 004921, 004922, 004923, 004924, 005005, 005006, 005007, 005008, 005009, 005012, 005411, 005412, 005421, 005422, 005423 and 006103.

    2.  Census voting districts 1026, 1032, 1043, 2065, 2070, 2123, 2124 and 2126.

    3.  In census tract 000512, blocks 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012 and 3013.

    4.  In census tract 000517, blocks 2000, 2001, 2002 and 2003.

    5.  In census tract 000519, block 3000.

    6.  In census tract 001608, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1008, 1009, 1010, 1011, 1012, 2000 and 2008.

    7.  In census tract 001713, block 1000.

    8.  In census tract 001714, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011 and 1012.

    9.  In census tract 001801, blocks 2000 and 2001.

    10.  In census tract 004707, blocks 1000, 1001, 1010, 2000, 2001, 2002, 2003, 2004, 2005, 2006 and 2007.

    11.  In census tract 004710, blocks 1000, 1001, 1002, 1003, 1007, 1008, 1009, 1010, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007 and 2008.

    12.  In census tract 006101, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1015, 1016, 1017, 1052, 2000, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029, 2030 and 2031.

    13.  In census tract 006201, block 2000.

    14.  In census tract 006202, block 1003.

    Sec. 25.  NRS 396.045 is hereby amended to read as follows:

    396.045  [Subdistrict E of district 2 consists of, in Clark County, census voting districts 0010, 0055, 0060, 0070, 0080, 0095, 0150, 0155, 0165, 0200, 0205, 0220, 0225, 0255, 0265, 0295, 0330, 0350, 0425, 0450, 0455, 0460, 0475, 0485, 0505, 0510, 0520, 0525, 0570, 0590, 0675, 0690, 0695, 0750, 0765, 0775, 0960, 0965, 1755, 1765, 1780, 1800, 1815, 1850, 1870, 1890, 1970, 2010, 2020, 2155, 2160, 2165, 2175, 2180, 2185, 2190, 2195, 2200, 2215, 2230, 2240, 2245, 2830, 2880, 3010, 3015, 3025, 3035, 3040, 3045, 3050, 3060, 3090, 3135, 3215 and 3240.] District 7 consists of , in Clark County:

    1.  Census tracts 002915, 002916, 002919, 002939, 002940, 002941, 002944, 002950, 002951, 002952, 002953, 002957, 003003, 003210, 003211, 003212, 003213, 003214, 003215, 003216, 003217, 003218, 003219, 003220, 003221, 003222, 003223, 003224, 003225, 003226, 003227, 003418, 003421, 005804 and 005805.

    2.  Census voting districts 6011, 6012 and 6013.

    3.  In census tract 003004, blocks 1000, 1001, 1002, 2001, 2002, 2003, 2004, 2005 and 2006.

    4.  In census tract 003005, blocks 3000, 3001, 3002, 3003, 3004, 4003, 4004 and 4005.

    5.  In census tract 003006, blocks 3002, 3003, 3004, 3005, 3006 and 3007.

    6.  In census tract 003415, blocks 1000, 1001, 2002 and 2003.

    7.  In census tract 005803, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 2000, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009 and 3010.

    8.  In census tract 005810, blocks 1003 and 1005.

    Sec. 26.  NRS 396.0451 is hereby amended to read as follows:

    396.0451  [Subdistrict F of district 2 consists of:

    1.  Lincoln County.

    2.  In Clark County, census voting districts 0020, 0050, 0085, 0120, 0250, 0305, 0465, 0630, 0660, 1070, 1185, 1195, 1455, 1515, 1600, 1695, 1750, 1795, 2095, 2205, 2210, 2225, 2250, 2255, 2265, 2270, 2275, 2305, 2310, 2315, 2555, 2565, 2750, 2755, 2760, 2770, 2775, 2780, 2785, 2790, 2795, 2800, 2805, 2810, 2815, 2820, 2825, 2835, 2840, 2845, 2850, 2860, 2865, 2870 and 2950, that portion of census voting district 3185 located in the Clark census county division, and census voting districts 3255 and 3305.

    3.  In Clark County, in census voting district 1150, block 210.

    4.  In Clark County, in census voting district 1260, blocks 101, 102, 103 and 123.

    5.  In Clark County, in census voting district 1275, blocks 214 and 218.

    6.  In Clark County, in that portion of census voting district 3185 located in the Las Vegas census county division:

    (a) Block 201B located in census tract 0051.

    (b) Block 201B located in census tract 005401.

    (c) Blocks 204B, 901D, 903, 904, 905B and 906C.

    (d) Block 902 located in census tract 005401.

    7.  In Clark County, in census voting district 2260, blocks 502, 508 to 512, inclusive, and 518.

    8.  In Clark County, in census voting district 2965, blocks 901 and 902.] District 8 consists of Churchill County, Elko County, Esmeralda County, Eureka County, Humboldt County, Lander County, Lincoln County, Mineral County, Nye County, Pershing County and White Pine County.

    Sec. 26.5.  NRS 396.0453 is hereby amended to read as follows:

    396.0453  [Subdistrict G of district 2 consists of:

    1.  In Nye County, census voting districts 0060, 0065, 0070, 0075, 0080, 0085, 0090 and 0095.

    2.  In Clark County, census voting districts 0005, 0045, 0075, 0090, 0115, 0125, 0140, 0170, 0195, 0230, 0320, 0340, 0395, 0410, 0415, 0435, 0445, 0480, 0595, 0615, 0625, 0635, 0640, 0655, 0670, 0715, 0745, 0755, 0800, 0805, 0845, 0855, 0860, 0870, 0875, 0880, 0885, 0900, 0910, 0930, 0950, 0980, 0985, 0990, 1020, 1045, 1050, 1065, 1080, 1095, 1925, 1975, 2090, 2335, 2340, 2345, 2350, 2355, 2360, 2365, 2370, 2380, 2385, 2390, 2415, 2420, 2425, 2430, 2435, 2440, 2445, 2450, 2455, 2460, 2465, 2470, 2475, 2485, 2490, 2495, 2500, 2505, 2510, 2515, 2520, 2530, 3175 and 3210.] District 9 consists of:

    1.  Carson City, Douglas County, Lyon County and Storey County.

    2.  In Washoe County:

    (a) Census tracts 003201, 003302 and 003304.

    (b) Census voting districts 134, 144, 145, 148, 764, 771, 790, 797, 814, 819, 825, 844, 887, 929, 932 and 933.

    (c) In census tract 001006, blocks 2026, 2038, 2039, 2040, 2041, 2042, 2043, 2044, 2045, 2046, 2047, 2048, 2049, 2050, 2051, 2052, 2053, 2054, 2055, 2056, 2057, 2058, 2059, 2060, 2061, 2062, 2063, 2064, 2065, 2066, 2067, 2068, 2069, 2070, 2071, 2072, 2073, 2074, 2075, 2076, 2077, 2078, 2079, 2080, 2081, 2082, 2083, 2084, 2085, 2086, 2087, 2088, 2089, 2090, 2091, 2092, 2110, 2112, 2113, 2114, 2115, 2116, 2117, 2121, 3036, 3037, 3038, 3039, 3041, 3042, 3043, 3044, 3045, 3046, 3047 and 3048.

    (d) In census tract 001007, blocks 2016, 2017, 2018, 2019, 2020, 3013, 3014, 3015, 3016, 3017, 3018, 3019, 3020, 3021, 3022, 3027, 3028, 3029, 3030, 3031, 3032, 3033, 3034, 3035, 3036, 3038, 3039, 3042, 3043, 3044, 3045, 3046, 3047, 3048, 3049, 3051, 3052, 3053, 3054, 3055 and 3056.

    (e) In census tract 002300, blocks 2085, 2086, 2087, 2088, 2089, 2090, 2091, 2093, 2094, 2095, 2096, 2097, 2098, 2102, 2103, 2104, 2109, 2110, 2111, 2112, 2113, 2114, 2115, 2116, 2117, 2119 and 2995.

    (f) In census tract 003202, blocks 1008, 1009, 1024, 1025, 1026, 2000, 2001, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012, 3013, 3014, 3015, 3016, 3017, 3018, 3019, 3020, 3021, 3022, 3023, 3024, 3025, 3026, 3027, 3028, 4000, 4001, 4002, 4003, 4004, 4005, 4006, 4007, 4008, 4009, 4010, 4011, 4012, 4013, 4014, 4015, 4016, 4017, 4018, 5000, 5001, 5002, 5003, 5004, 5005, 5006, 5007, 5008, 5009, 5010, 5011, 5036, 5037, 5038, 5039, 5040, 5041, 5042, 5043, 5044, 5045, 5046, 5047, 5048, 5049, 5050, 5051, 5052, 5053, 5054, 5055, 5056, 5057, 5058, 5059, 5998 and 5999.

    Sec. 27.  NRS 396.0455 is hereby amended to read as follows:

    396.0455  [Subdistrict A of district 3 consists of:

    1.  Churchill County, Elko County, Esmeralda County, Eureka County, Humboldt County, Lander County, Mineral County, Pershing County and White Pine County.

    2.  In Lyon County, census voting districts 0060, 0065, 0070, 0075 and 0080.

    3.  In Nye County, census voting districts 0005, 0010, 0015, 0020, 0025, 0030, 0035, 0040, 0045, 0050 and 0055.

    4.  In Washoe County, census voting district 0805, that portion of census voting district 0815 located in the Pyramid Lake census county division, and census voting district 0910.] District 10 consists of, in Washoe County:

    1.  Census tracts 000200, 000300, 000400, 000700, 000900, 001003, 001004, 001005, 001101, 001103, 001104, 001105, 001200, 001300, 002101, 002104, 002105, 002106, 002203, 002204, 002205 and 002406.

    2.  Census voting districts 101, 222, 254, 306, 307, 333, 340, 342, 343, 345, 353, 400, 402, 410, 413, 446, 503, 504, 509, 511, 512, 513, 534, 535, 537, 539, 710, 731, 769, 779, 787, 798, 834, 847, 879, 917, 935, 936, 938 and 945.

    3.  In census tract 000100, blocks 2000, 2001, 2002, 2003, 2004, 2005, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029, 2030, 2031, 2032, 2033, 2034, 2035, 2036, 2037, 2038, 2039, 2043, 2044, 2045, 2046, 2047, 2048, 2049, 2050, 2051, 2052, 2053, 2054, 2055, 2056, 2057, 2058, 2059, 2060, 2061, 2062, 2072, 2073, 2074, 2075, 2076, 2077, 2078, 2079, 2080, 2081, 2082, 2083, 2084, 2085, 2086, 3024, 3025, 3026, 3027, 3028, 3029, 3030, 3031, 3032, 3033, 4000, 4001, 4002, 4003, 4004, 4005, 4006, 4007, 4008, 4009, 4010, 4011, 4012, 4013, 4014, 4015, 4016, 4017, 4018, 4019, 4020, 4021, 4022, 5002, 5003, 5004, 5005, 5010, 5011, 5012, 5013, 5014, 5015, 5019, 5020, 5021, 5039, 5040, 5041, 5042, 5043, 5044, 5045, 5046, 5047, 5051 and 5052.

    4.  In census tract 001006, blocks 2004, 2005, 2006, 2007, 2008, 2009, 2014, 2015, 2016, 2018, 2029, 3014 and 3035.

    5.  In census tract 001007, blocks 2001, 2002, 2003, 2004, 2005, 2014, 2015, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3008, 3009, 3010, 3011, 3012, 3023, 3024, 3025, 3026 and 3050.

    6.  In census tract 001500, blocks 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3013 and 3014.

    7.  In census tract 001700, blocks 2004, 2006, 2007, 2008, 2009, 2010, 2011, 3008, 3009, 3010, 3011, 4000, 4001, 4002, 4003, 4004, 4005, 4006, 4007, 4008, 5004, 5005, 5006, 5007 and 5008.

    8.  In census tract 001800, blocks 3007, 3009, 3010, 3011, 4000, 4001, 4002, 4003, 4004, 4005, 4006, 4007, 4008, 4009, 4010, 4011, 4012, 4013, 5001, 5002, 5003, 5004, 5005, 5009, 5010 and 5011.

    9.  In census tract 002103, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 2001, 2002, 2003, 2004, 2006, 2012, 2013, 2014, 2015, 2016, 2020, 2021 and 2022.

    10.  In census tract 002202, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1022, 1025, 1026, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2017, 2026, 2028, 2029, 2030, 2031, 2032, 2033, 2034, 2035, 2036 and 2037.

    11.  In census tract 002401, blocks 1001, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2022 and 2023.

    12.  In census tract 002402, blocks 2080, 2087 and 3024.

    13.  In census tract 002500, blocks 3007, 3008, 3009, 3010, 3011, 3012, 3013, 3014, 3015, 3025 and 3026.

    14.  In census tract 003202, blocks 1005, 1006 and 1007.

    Sec. 28.  NRS 396.046 is hereby amended to read as follows:

    396.046  [Subdistrict B of district 3 consists of:

    1.  Carson City, Douglas County and Storey County.

    2.  In Lyon County, census voting districts 0005, 0010, 0015, 0020, 0025, 0030, 0035, 0040, 0045, 0050 and 0055.

    3.  In Washoe County, census voting districts 0326, 0334, 0341, 0344, 0349, 0703, 0705, 0712, 0716, 0720, 0721, 0722, 0723, 0724, 0727, 0729, 0730, 0731, 0732, 0733, 0736, 0737, 0739, 0740, 0742, 0744, 0746 and 0769, that portion of census voting district 0771 located in the New Washoe City census county division, and census voting districts 0816, 0817, 0818, 0832, 0833, 0834, 0902, 0903, 0930, 0933, 0935, 0939 and 0945.] District 13 consists of, in Clark County:

    1.  Census tracts 002815, 002816, 002835, 002836, 002912, 002925, 002942, 002948, 002956, 002958, 002960, 002961, 002962, 002963, 005331, 005332, 005702, 005703, 005704, 005705, 005806, 005807, 005808, 005809, 005811, 005812, 005813, 005816, 005818, 005819, 005820, 005821 and 940500.

    2.  Census voting districts 3138, 3188, 6040, 6062, 6066 and 6102.

    3.  In census tract 002814, blocks 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010 and 2011.

    4.  In census tract 002831, blocks 1006, 1007, 1008, 1009, 1010, 1011 and 1012.

    5.  In census tract 002832, blocks 1014, 1015, 1016, 1017, 1018, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030 and 1031.

    6.  In census tract 002927, block 2000.

    7.  In census tract 002935, blocks 1007, 1010, 1011, 1012, 1013, 1014, 1015, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008 and 2009.

    8.  In census tract 002936, blocks 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 2008, 2013, 2014 and 2015.

    9.  In census tract 002955, blocks 1007, 1008, 1011, 1012, 1013, 2000, 2002, 2005 and 2006.

    10.  In census tract 005322, blocks 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013 and 2014.

    11.  In census tract 005339, blocks 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039 and 1042.

    12.  In census tract 005502, block 1000.

    13.  In census tract 005710, blocks 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1014, 1015, 1016, 1017, 1018, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043, 1044, 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1053, 1054, 1055, 1056, 1057, 1058, 1059, 1060, 1061, 1062, 1063, 1064, 1065, 1066, 1067, 1068, 1069, 1070, 1071, 1072, 1073, 1074, 1075, 1076, 1077, 1078, 1079, 1080, 1081, 1082, 1083, 1084, 1085, 1086, 1087, 1088, 1089, 1090, 1091, 1092, 1093, 1094, 1095, 1096, 1097, 1098, 1099, 1100, 1101, 1102, 1103, 1104, 1105, 1106, 1107, 1108, 1109, 1110, 1111, 1112, 1113, 1114, 1115, 1116, 1117, 1118, 1119, 1120, 1121, 1122, 1123, 1124, 1125, 1126, 1127, 1128, 1129, 1130, 1131, 1132, 1133, 1134, 1135, 1136, 1137, 1138, 1139, 1140, 1141, 1142, 1143, 1144 and 1145.

    14.  Census tract 005803, block 2001.

    15.  In census tract 005810, blocks 1000, 1001, 1002, 1004, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030 and 1034.

    16.  In census tract 005817, blocks 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1038, 1058, 1059, 1060, 1061, 1062, 1063, 1064, 1065, 1066, 1067, 1069, 1070, 1075, 1076, 1077, 1078, 1079, 1080, 1081, 1082, 1083, 1085, 1086, 1087, 1088, 1089, 1090, 1091, 1092, 1093, 1094, 1095, 1096, 1097, 1098, 1099, 1100, 1101, 1102, 1103, 1104, 1105, 1106, 1107, 1108, 1109, 1110, 1111, 1112, 1113, 1114, 1115, 1116, 1117, 1118, 1119, 1120, 1121, 1122, 1123, 1128, 1129, 1130, 1131, 1132, 1133, 1134, 1135, 1136, 1137, 1138, 1139, 1140, 1144, 1145, 1146, 1147, 1149, 1150, 1151, 1152, 1153, 1154, 1155, 1156, 1157, 1158, 1159, 1160, 1161, 1162 and 1164.

    17.  In census tract 005902, block 9011.”.

    Amend sec. 30, page 35, by deleting lines 8 through 23 and inserting:

    “(a) The member elected from subdistrict A of district 2 shall represent district 1 as described in section 19 of this act.

    (b) The member elected from subdistrict D of district 2 shall represent district 4 as described in section 22 of this act.

    (c) The member elected from subdistrict F of district 2 shall represent district 6 as described in section 24 of this act.

    (d) The member elected from subdistrict G of district 2 shall represent district 7 as described in section 25 of this act.

    (e) The member elected from subdistrict A of district 3 shall represent district 8 as described in section 26 of this act.

    (f) The member elected from subdistrict B of district 3 shall represent district 9 as described in section 26.5 of this act.

    (g) The member elected from subdistrict B of district 1 shall represent district 11 as described in section 14.5 of this act.

    (h) The member elected from subdistrict C of district 2 shall represent district 13 as described in section 28 of this act.”.

    Amend sec. 31, page 35, by deleting lines 30 and 31 and inserting:

“that renumbered district in the identical office at the next succeeding election for that office.”.

    Amend sec. 31, page 36, by deleting lines 1 through 4 and inserting:

        “(1) The member elected from subdistrict B of district 2, if seeking election in 2002 to district 2 as described in section 20 of this act.

        (2) The member elected from subdistrict E of district 2, if seeking election in 2002 to district 3 as described in section 21 of this act.

        (3) The member elected from subdistrict A of district 1, if seeking election in 2002 to district 10 as described in section 27 of this act.”.

    Amend the bill as a whole by adding a new section designated sec. 31.5, following sec. 31, to read as follows:

    “Sec. 31.5. At the general election in 2002, one member of the board of regents must be elected for an initial term of 4 years to the open seat in district 12, described in section 14.7 of this act.”.

    Amend sec. 33, page 36, line 8, by deleting:

“29, 30 and 31” and inserting:

“29 to 31.5, inclusive,”.

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

“changing the number of members of the board of regents;”.

    Assemblywoman Giunchigliani moved that the Assembly do not concur in the Senate amendment to Assembly Bill No. 664.

    Remarks by Assemblywoman Giunchigliani.

    Motion carried.

    Bill ordered transmitted to the Senate.

REMARKS FROM THE FLOOR

    Assemblyman Parks requested the following remarks be entered in the Journal.

    Assemblyman De Braga:

    ASSEMBLY BULL #001/2

Sponsored by: The Committee on Ways, But No Means

This bill is being presented on behalf of the representative from Elko who is said to be too overcome with emotion to speak in his customarily eloquent manner on this topic.

    Whereas, the climate in Elko County, NV is so extreme that only the most hearty and self-reliant people have been able to survive there; and

    Whereas, the rapid weather changes in Elko were first documented in 1848 by Alphie Murdock who made the following notation in his diary, “Shortly after noon, one of the oxen, overcome by the extreme heat, collapsed and fell to the ground. Before I could get the harness off the poor beast, the other ox froze to death;” and

    Whereas, weather extremes—coupled with the alarming number of friends and neighbors who either passed or passed on—made settlers hard and forced them to be independent, and

    Whereas, for more than 100 years, no matter what kind of disaster, catastrophe, calamity, devastation or tragedy befell Elko, its abysmal climate ensured that no representatives from the federal government would ever come to help out, and

    Whereas, shortly after air conditioning, heating and the Department of Interior were invented--for no good reason whatsoever—Elko County was singled out for relentless, oppressive help from every state and federal department, division, agency, committee, board, official, classified and unclassified employee and their support staff; and

    Whereas, the type of government assistance provided has included drying up springs, keeping the public off public lands, keeping cattle off grazing lands, burning up all kinds of lands, blocking off roads to prevent access to lands and offering professional counseling to fish whose little psyches have been warped by insensitive humans who persist in driving on roads and walking on paths and trails, and

    Whereas, JC (no relation to the Biblical or the Department Store JC) a little known non-political figure, began speaking out against invasive government practices, raising questions like “Who gets fined if an endangered species eats an endangered plant?” and “If two young people can mate in the back of a small car, why do spotted owls need 3000 acres,” and

    Whereas, in 1986, JC was elected to represent District #33, and he courageously stepped forward to accept the challenge and lead the charge against tyrannical government acts, and

    Whereas, before long, people started joining the uprising and began pledging  money and sending shovels to help dig out the springs and roads and stuff. In a passionate speech, designed to inflame public support, JC coined the words that were ultimately to become the battle cry of the movement, when he roared, “I’m upping my pledge, up yours!” and

    Whereas, in answer to the prayers—as well as countless acts of rebellion, anarchism and sedition--of many Elkoans, JC was sent to the legislature to make sure that in the future no laws were passed that would have any effect on Elko County, whatsoever; and

    Whereas, JC has always worked tirelessly to fulfill that duty and has—in effect—kept Elko safe for Democracy as well as safe from Democracy.

    Now, Therefore, there is hereby created Elko Cowship. (That’s cowshippppp) This will be a quasi-governmental unit within the State of Nevada that will retain sovereign immunity and control over everything it feels like having sovereign immunity and control over.

    Citizens of the Cowship will be required to have a strong, inflexible, conservative opinion on absolutely everything.

    No taxes will be levied locally and no one will be required to pay state or federal taxes unless they want to. Spending will be allowed to continue, however.

    The Cowship itself will be a designated EFZ—Environmentalist Free Zone. The Cowship will protect the health and safety of its citizens` by posting signs, where appropriate, advising them to drink upstream from the herd and not squat with their spurs on.

    In the interest of public safety, young people will not be able to drive on public roads until their feet reach the pedals. Driver’s education classes will be conducted in cow pastures—with, or without parental supervision—and it is not mandatory for anyone who is over the age of 11 and/or is married.

    In the event uncontrollable wildfires necessitate the acceptance of outside government aid, posses will be formed to reinforce the concept that fires should be made smaller by that activity.

    Travel will be unrestricted except that rights of way will be decided by whoever gets there first. Vehicle licenses will be unnecessary. To help owners identify their vehicles, they may paint on interesting remarks or they may brand them.

    Laws governing postal services are not relevant as the Cowship has its own communications system, Elko Pony Service, when it absolutely, positively has to get there in the next month or two.

    The Cowship will promote wholesome outdoor pursuits, including the stalking and assassination of various species of game and fish. It will also offer encouragement to goose….hunters

    Cooperative agreements between the state and the Cowship will be allowed as long as the Cowship gets the best of the deal. To prove that intent, Elko is already making plans to join the state’s efforts to outlaw nuclear suppositories.

    Citizens, on limited incomes, may request a grant of up to 100% to help them deal with the rapidly accelerating cost of shovels. Grants may be repaid by spending time digging the mote around the county or by the donation of one or more alligators

    Use of any navigable stream by citizen boat owners will be contingent only on whether or not water is present and whether or not the Suzi Q is already occupying it.

    Laws requiring tedious, costly, criminal proceedings are hereby rescinded, but residents are encouraged to ask the people in their yard what their names are before they shoot them.

    Dyed diesel fuel may be used anywhere by any motorist, miner or rancher without penalty, but failure to pay for gas at the gas pump is a hanging offense.

    The right of citizens to own and bear arms is assured. The number of weapons a person can carry—concealed or in the open—is unlimited and any type of artillery is permissible. There will be no gun laws, and the only gun suggestion will be that the use of Howitzers be limited to special occasions. Compliance is on the honor system and anyone who does not comply is asked to please turn himself or herself in.

    To demonstrate their fierce independence and to prove that no one can tell them what to do, Elkoans will continue to celebrate the Fifth of July.

    As used in this section, Elkoans are any natural or unnatural persons who have either resided within the boundaries of the Cowship since birth or are current residents who have sworn allegiance to EEE principles. EEE is the ellipsis for “Everywhere Except Elko.”

    Citizens of the Cowship will be known as Cowshippers—not to be confused with Bullshippers, who are prevalent in other Nevada Counties and in the Legislature, or Cowchippers, which are found in disgusting abundance throughout the state.

    This treaty becomes effective upon ratification by the parties hereto.

UNFINISHED BUSINESS

Signing of Bills and Resolutions

    There being no objections, the Speaker and Chief Clerk signed Assembly Bills Nos. 48, 60, 209, 250, 326, 505, 510, 519, 555, 583, 620, 658; Senate Bills Nos. 87, 208, 319, 367, 428, 444, 464, 477, 494, 500, 505, 531, 573, 574; Senate Concurrent Resolution No. 52.

GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR

    On request of Assemblyman Lee, the privilege of the floor of the Assembly Chamber for this day was extended to Jay Baldwin, Janice Baldwin, Blake Baldwin, Trent Baldwin, Lori Baldwin, Jeff Taguchi and Jane Wisdom.

    On request of Assemblyman Price, the privilege of the floor of the Assembly Chamber for this day was extended to Kathryn Keever, Kaitlin Lucky and Ryan Lucky.

    On request of Assemblyman Williams, the privilege of the floor of the Assembly Chamber for this day was extended to Cynthia A. Manobat and Lisa A. Morris.

    Assemblywoman Buckley moved that the Assembly adjourn until Monday, June 4, 2001 at 10:00 a.m. in the memory of Joshua Spuehler.

    Motion carried.

    Assembly adjourned at 9:08 p.m.

Approved:                                                                Richard D. Perkins

                                                                                  Speaker of the Assembly

Attest:    Jacqueline Sneddon

                    Chief Clerk of the Assembly