NEVADA LEGISLATURE

THE SEVENTY-THIRD DAY

Carson City (Wednesday), April 16, 2003

Assembly called to order at 10:43 a.m.

Mr. Speaker presiding.

Roll called.

All present except Assemblywomen Gibbons and Ohrenschall, who were excused.

Prayer by the Chaplain, Pastor John Jackson.

Dear Lord, We thank You for another day in which to live. We ask for Your peace in our world. Protect our soldiers from harm and bring a peaceful conclusion to their mission. Comfort and support the families of those who are serving. Equip and encourage those here today in this Assembly as they make decisions today. Thank You for their commitment. We ask this in Your Name.

Amen.

Pledge of Allegiance to the Flag.

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

Motion carried.

REPORTS OF COMMITTEES

Mr. Speaker:

Your Committee on Education, to which was referred Assembly Bill No. 510, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Wendell P. Williams, Chairman

Mr. Speaker:

Your Concurrent Committee on Education, to which were referred Assembly Bills Nos. 179, 391, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Wendell P. Williams, Chairman

Mr. Speaker:

Your Committee on Elections, Procedures, and Ethics, to which was referred
Assembly Bill No. 487, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Chris Giunchigliani, Chairman

Mr. Speaker:

Your Committee on Government Affairs, to which was referred Assembly Bill No. 86, 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 Government Affairs, to which was referred Assembly Bill No. 291, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Also, your Committee on Government Affairs, to which was referred Assembly Bill No. 450, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Mark Manendo, Chairman

Mr. Speaker:

Your Concurrent Committee on Government Affairs, to which was referred
Assembly Bill No. 219, 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 Concurrent Committee on Government Affairs, to which was referred
Senate Bill No. 198, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Mark Manendo, Chairman

Mr. Speaker:

Your Committee on Judiciary, to which were referred Assembly Bills Nos. 274, 536, 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 Judiciary, to which were referred Senate Bills Nos. 87, 88, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Bernie Anderson, Chairman

Mr. Speaker:

Your Committee on Natural Resources, Agriculture, and Mining, to which was referred Assembly Bill No. 488, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Tom Collins, Chairman

Mr. Speaker:

Your Committee on Taxation, to which were referred Senate Bills Nos. 334, 353, has had the same under consideration, and begs leave to report the same back with the recommendation:
Do pass.

David Parks, Chairman

Mr. Speaker:

Your Committee on Transportation, to which was referred Assembly Bill No. 324, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Vonne Chowning, Chairman

MESSAGES FROM THE Senate

Senate Chamber, Carson City, April 15, 2003

To the Honorable the Assembly:

I have the honor to inform your honorable body that the Senate on this day passed
Senate Bills Nos. 345, 401, 456, 466, 482.

Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bills Nos. 71, 143, 163, 168, 246, 301, 415.

Mary Jo Mongelli

Assistant Secretary of the Senate

MOTIONS, RESOLUTIONS AND NOTICES

By the Committee on Elections, Procedures, and Ethics:

Assembly Concurrent Resolution No. 14—Directing the Legislative Commission to conduct an interim study of all election, ethics and campaign laws in this state.

Assemblywoman Giunchigliani moved that the resolution be referred to the Committee on Elections, Procedures, and Ethics.

Motion carried.

Assemblywoman Chowning moved that Assembly Bill No. 444 be taken from the Chief Clerk's desk and placed on the General File.

Remarks by Assemblywoman Chowning.

Motion carried.

Assemblyman McCleary moved that Assembly Bill No. 331 be taken from the Chief Clerk's desk and placed on the General File.

Remarks by Assemblyman McCleary.

Motion carried.

Assemblywoman Buckley moved that Assembly Bills Nos. 86, 179, 219, 274, 291, 324, 391, 450, 487, 488, 510, and 536 be placed on the Second Reading File.

Motion carried.

Assemblyman Manendo moved that Assembly Bill No. 3 be taken from the General File and placed on the Chief Clerk's desk.

Motion carried.

Assemblywoman Buckley moved that the reading of Histories on
Senate bills on Introduction be dispensed with for this legislative day.

Motion carried.

INTRODUCTION, FIRST READING AND REFERENCE

Senate Bill No. 71.

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

Motion carried.

Senate Bill No. 143.

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

Motion carried.

Senate Bill No. 163.

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

Motion carried.

Senate Bill No. 168.

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

Motion carried.

Senate Bill No. 246.

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

Motion carried.

Senate Bill No. 301.

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

Motion carried.

Senate Bill No. 345.

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

Motion carried.

Senate Bill No. 401.

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

Motion carried.

Senate Bill No. 415.

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

Motion carried.

Senate Bill No. 456.

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

Motion carried.

Senate Bill No. 466.

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

Motion carried.

Senate Bill No. 482.

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

Motion carried.

SECOND READING AND AMENDMENT

Senate Bill No. 417.

Bill read second time.

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

Amendment No. 483.

Amend section 1, page 1, by deleting lines 9 through 11 and inserting: “money pursuant to the Act in the Election Fund.”.

Amend section 1, page 2, line 4, by deleting “Expend” and inserting “Only expend”.

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. 1. The Secretary of State is hereby authorized to expend not more than $5,000,000 from the Election Fund created by section 1 of this act for the purposes of implementing Title 1 of the Help America Vote Act of 2002 (42 U.S.C. §§ 15301 to 15306).

2. Upon expenditure of the money authorized by subsection 1, the Secretary of State shall provide a report to the Interim Finance Committee that provides a detailed accounting of the manner in which the money was expended.”.

Assemblyman Arberry moved the adoption of the amendment.

Remarks by Assemblyman Arberry.

Amendment adopted.

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

Assembly Bill No. 86.

Bill read second time.

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

Amendment No. 312.

Amend the bill as a whole by deleting section 1 and adding a new section designated section 1, following the enacting clause, to read as follows:

“Section 1. NRS 332.039 is hereby amended to read as follows:

332.039 1. Except as otherwise provided by specific statute:

(a) A governing body or its authorized representative ~~[in a county whose population is 100,000 or more]~~ shall advertise all contracts for which the estimated amount required to perform the contract exceeds $25,000.

(b) ~~[Such a]~~ A governing body or its authorized representative may enter into a contract of any nature without advertising if the estimated amount required to perform the contract is $25,000 or less.

(c) If the estimated amount required to perform the contract is more than $10,000 but not more than $25,000, requests for bids must be submitted by the governing body or its authorized representative to two or more persons capable of performing the contract, if available. The governing body or its authorized representative shall maintain a record of all requests for bids and all bids received for the contract for at least 7 years after the date of execution of the contract.

2. This section does not prohibit a governing body or its authorized representative from advertising for or requesting bids regardless of the estimated amount to perform the contract.”.

Amend sec. 2, page 2, line 39, by deleting: “NRS 332.036 and” and inserting: ~~“[NRS 332.036 and]~~”.

Amend sec. 3, page 3, line 10, by deleting “is” and inserting: “and 332.036 are”.

Amend the text of repealed sections by adding the text of NRS 332.036.

Assemblyman Manendo moved the adoption of the amendment.

Remarks by Assemblyman Manendo.

Amendment adopted.

Bill ordered reprinted, engrossed, and to third reading.

Assembly Bill No. 179.

Bill read second time.

The following amendment was proposed by the Committee on Education:

Amendment No. 384.

Amend sec. 7, page 11, by deleting lines 25 through 31 and inserting:

~~“[6.] 5.~~ If a pupil fails to pass the high school proficiency examination [administered before the completion of grade 11, he must not be graduated until he is able, through remedial study, to pass the proficiency examination, but he may be given a certificate of attendance, in place of a diploma, if he has reached the age of 17 years.

7.] and the pupil desires to receive an endorsement on his diploma indicating that he passed the high school proficiency examination, the pupil may retake the portion or portions of the reading examination or the portion or portions of the mathematics examination, or both, which the pupil failed. The State Board shall prescribe by regulation the maximum number of times that a pupil may retake the examination, or a portion of the examination, pursuant to this subsection.

6. The State Board shall prescribe standard examinations of”.

Amend sec. 9, page 14, by deleting lines 38 through 40 and inserting:

“(a) Importance of passing the examination, including, without limitation, an explanation that if the pupil fails the examination he is not eligible to receive ~~[a standard high school diploma~~;] an endorsement on his diploma indicating that he passed the high school proficiency examination;”.

Amend sec. 9, page 15, by deleting lines 3 through 5 and inserting:

“(f) Maximum number of times that a pupil is allowed to take the examination , or a portion of the examination, if he fails to pass the examination , or a portion of the examination, after the first administration ~~[;]~~ to receive an endorsement on his diploma indicating that he passed the examination; and”.

Amend sec. 9, page 15, line 6, by deleting “(g)]” and inserting “(g)”.

Amend the bill as a whole by deleting sections 11 and 12 and the leadlines of repealed sections and renumbering sec. 13 as sec. 11.

Amend the title of the bill to read as follows:

“AN ACT relating to education; requiring the State Board of Education to prescribe endorsements to the standard high school diploma; removing the requirement that a pupil pass the high school proficiency examination as a condition to receipt of a high school diploma; authorizing a pupil to retake those portions of the high school proficiency examination which he failed in order to receive an endorsement on his diploma indicating that he passed the examination; revising provisions governing the administration of achievement and proficiency examinations to pupils with disabilities and pupils whose primary language is not English; revising provisions governing the reporting of achievement and proficiency examinations; and providing other matters properly relating thereto.”.

Assemblywoman Giunchigliani moved the adoption of the amendment.

Remarks by Assemblywoman Giunchigliani.

Amendment adopted.

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

Assembly Bill No. 219.

Bill read second time.

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

Amendment No. 118.

Amend section 1, page 2, line 33, by deleting “The” and inserting: “If the Director of the Department of Administration determines that there is sufficient money in the account established pursuant to section 2 of this act, the”.

Amend section 1, page 3, line 26, by deleting “shall” and inserting: “shall, if feasible,”.

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. 1. The Director of the Department of Administration may apply for and accept any grant, gift, donation, bequest or other source of money to conduct the study described in section 1 of this act.

2. Any money received by the Director pursuant to subsection 1 must be deposited in a separate account in the State General Fund.

3. The account must be administered by the Director, who may expend the money in the account only for the purpose of conducting the study described in section 1 of this act.

4. The interest earned on the money in the account, after deducting any applicable charges, must be credited to the account.

5. If the Director determines that there is insufficient money in the account to conduct the study described in section 1 of this act, all money in the account must be returned to the persons who donated or otherwise provided the money.”.

Amend the title of the bill by deleting the fifth and sixth lines and inserting: “communities under certain circumstances; requiring the Department to recommend, if feasible, the relocation of at least one such agency; authorizing the Director of the Department to receive and expend money to conduct the study; and providing”.

Amend the summary of the bill to read as follows:

“SUMMARY—Requires Department of Administration to conduct study concerning feasibility and desirability of relocating certain state agencies to rural communities under certain circumstances. (BDR S‑1088)”.

Assemblyman Manendo moved the adoption of the amendment.

Remarks by Assemblyman Manendo.

Amendment adopted.

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

Assembly Bill No. 274.

Bill read second time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 302.

Amend section 1, page 1, line 2, before “A” by inserting “1.”.

Amend section 1, page 1, line 5, by deleting “1.” and inserting “~~[1.]~~ (a)”.

Amend section 1, page 1, line 10, by deleting “(a)” and inserting “~~[(a)]~~ (1)”.

Amend section 1, page 1, by deleting lines 11 through 14, and inserting: ~~[“(b) For]~~

(2) Except as otherwise provided in subsection 2, for all other periodic tenancies, at least 30 days; or

~~[(c)]~~ (3) For tenancies at will, at least 5 days.”.

Amend section 1, page 2, line 1, by deleting “2.” and inserting “~~[2.]~~ (b)”.

Amend section 1, page 2 , by deleting lines 4 through 9, and inserting:

“~~[(a)]~~ (1) The term of the rental agreement or its termination and, except as otherwise provided in ~~[paragraph (b),]~~ subparagraph (2), the expiration of a notice of ~~[at]~~ :

(I) At least 7 days for tenancies from week to week ; and

(II) Except as otherwise provided in subsection 2, at least 30 days for all other periodic tenancies; or

~~[(b)]~~ (2) A notice of at least 5 days where the tenant has failed to”.

Amend section 1, page 2, line 12, by deleting “3.” and inserting “ ~~[3.]~~ (c)”.

Amend section 1, page 2, line 20, by deleting “4.” and inserting “ ~~[4.]~~ (d)”.

Amend section 1, page 2, between lines 22 and 23, by inserting:

“2. Except as otherwise provided in this subsection, if a tenant with a periodic tenancy pursuant to paragraph (a) or (b) of subsection 1, other than a tenancy from week to week, is 60 years of age or older or has a physical or mental disability, the tenant must be allowed to continue in possession for an additional 30 days beyond the time specified in subsection 1 if the tenant submits a written request for an extended period and provides proof of his age or disability. A landlord is not required to allow a tenant to continue in possession if a shorter notice is provided pursuant to subparagraph (2) of paragraph (b) of subsection 1.

3. Any notice provided pursuant to paragraph (a) or (b) of subsection 1 must include a statement advising the tenant of the provisions of
subsection 2.

4. If a landlord fails to allow a tenant to continue in possession for an additional 30 days pursuant to subsection 2, the tenant may petition the court for an order to continue in possession for the additional 30 days. The court shall grant the petition if the tenant submits proof that he is entitled to such an extension pursuant to subsection 2 and may grant such other relief as it deems appropriate.”.

Amend the title of the bill to read as follows:

“AN ACT relating to property; increasing the length of notice before a person who is 60 years of age or older or who has a disability may be evicted from certain periodic tenancies under certain circumstances; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Increases length of notice before person who is 60 years of age or older or who has disability may be evicted from certain periodic tenancies under certain circumstances. (BDR 3‑1128)”.

Assemblyman Anderson moved the adoption of the amendment.

Remarks by Assemblyman Anderson.

Amendment adopted.

Bill ordered reprinted, engrossed, and to third reading.

Assembly Bill No. 291.

Bill read second time.

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

Amendment No. 339.

Amend the bill as a whole by deleting sections 1 through 8 and adding new sections designated sections 1 through 4, following the enacting clause, to read as follows:

“Section 1. NRS 278.040 is hereby amended to read as follows:

278.040 1. The members of the planning commission are appointed by the chief executive officer of the city, or in the case of a county by the chairman of the board of county commissioners, with the approval of the governing body. The members must not be members of the governing body of the city or county. The majority of the members of the county planning commission in any county whose population is 400,000 or more must reside within the unincorporated area of the county.

2. In Carson City, the members of the planning commission established as provided in NRS 278.030 are appointed by the mayor from the city at large, with the approval of the Board of Supervisors.

3. The governing body may provide for compensation to its planning commission in an amount of not more than $80 per meeting of the commission, with a total of not more than $400 per month, and may provide travel expenses and subsistence allowances for the members in the same amounts as are allowed for other officers and employees of the county or city.

4. Except as otherwise provided in this subsection, the term of each member is 4 years, or until his successor takes office. If applicable, the term of each member of a county or city planning commission in any county whose population is 400,000 or more is coterminous with the term of the member of the governing body who recommended his appointment to the appointing authority. If the recommending member resigns his office before the expiration of his term, the corresponding member of the planning commission may continue to serve until the office is next filled by election. If the office of the recommending member becomes vacant before the expiration of the term for any other reason, the corresponding member of the planning commission may continue to serve for the duration of the original term.

5. ~~[Members]~~ Except as otherwise provided in this subsection, members of a county or city planning commission may be removed, after public hearing, by a majority vote of the governing body for just cause. In a county whose population is 400,000 or more, members of a county or city planning commission serve at the pleasure of their appointing authority.

6. Vacancies occurring otherwise than through the expiration of term must be filled for the unexpired term.

Sec. 2. NRS 278.050 is hereby amended to read as follows:

278.050 1. The commission shall hold at least one regular meeting in each month.

2. It shall adopt rules for transaction of business and shall keep a record of its resolutions, transactions, findings and determinations, which record shall be a public record.

3. In a county whose population is 400,000 or more, the commission shall not grant to an applicant more than two continuances on the same matter, unless the commission determines, upon good cause shown, that the granting of additional continuances is warranted.

Sec. 3. NRS 278.3195 is hereby amended to read as follows:

278.3195 1. Except as otherwise provided in NRS 278.310, each governing body shall adopt an ordinance providing that any person who is aggrieved by a decision of:

(a) The planning commission, if the governing body has created a planning commission pursuant to NRS 278.030;

(b) The board of adjustment, if the governing body has created a board of adjustment pursuant to NRS 278.270;

(d) Any other person appointed or employed by the governing body who is authorized to make administrative decisions regarding the use of land,

may appeal the decision to the governing body. In a county whose population is 400,000 or more, a person shall be deemed to be aggrieved under an ordinance adopted pursuant to this subsection if the person appeared, either in person, through an authorized representative, or in writing, before a person or entity described in paragraphs (a) to (d), inclusive, on the matter which is the subject of the decision.

2. Except as otherwise provided in NRS 278.310, an ordinance adopted pursuant to subsection 1 must set forth, without limitation:

(a) The period within which an appeal must be filed with the governing body.

(b) The procedures pursuant to which the governing body will hear the appeal.

(d) The period within which the governing body must render its decision except that:

(1) In a county whose population is 400,000 or more, that period must not exceed 45 days.

(2) In a county whose population is less than 400,000, that period must not exceed 60 days.

(e) That the decision of the governing body is a final decision for the purpose of judicial review.

(f) That, in reviewing a decision, the governing body will be guided by the statement of purpose underlying the regulation of the improvement of land expressed in NRS 278.020.

(g) That the governing body may charge the appellant a fee for the filing of an appeal.

3. In addition to the requirements set forth in subsection 2, in a county whose population is 400,000 or more, an ordinance adopted pursuant to subsection 1 must:

(a) Set forth procedures for the consolidation of appeals; and

(b) Prohibit the governing body from granting to an aggrieved person more than two continuances on the same matter, unless the governing body determines, upon good cause shown, that the granting of additional continuances is warranted.

4. Any person who:

(a) Has appealed a decision to the governing body in accordance with an ordinance adopted pursuant to subsection 1; and

(b) Is aggrieved by the decision of the governing body,

may appeal that decision to the district court of the proper county by filing a petition for judicial review within 25 days after the date of filing of notice of the decision with the clerk or secretary of the governing body, as set forth in NRS 278.0235.

Sec. 4. NRS 281.501 is hereby amended to read as follows:

281.501 1. Except as otherwise provided in subsection 2 ~~[or 3,]~~ , 3 or 4, a public officer may vote upon a matter if the benefit or detriment accruing to him as a result of the decision either individually or in a representative capacity as a member of a general business, profession, occupation or group is not greater than that accruing to any other member of the general business, profession, occupation or group.

2. ~~[In]~~ Except as otherwise provided in subsection 3, in addition to the requirements of the code of ethical standards, a public officer shall not vote upon or advocate the passage or failure of, but may otherwise participate in the consideration of a matter with respect to which the independence of judgment of a reasonable person in his situation would be materially affected by:

(a) His acceptance of a gift or loan;

(b) His pecuniary interest; or

It must be presumed that the independence of judgment of a reasonable person would not be materially affected by his pecuniary interest or his commitment in a private capacity to the interests of others where the resulting benefit or detriment accruing to him or to the other persons whose interests to which the member is committed in a private capacity is not greater than that accruing to any other member of the general business, profession, occupation or group. The presumption set forth in this subsection does not affect the applicability of the requirements set forth in subsection ~~[3]~~ 4 relating to the disclosure of the pecuniary interest or commitment in a private capacity to the interests of others.

3. In a county whose population is 400,000 or more, a member of a county or city planning commission shall not vote upon or advocate the passage or failure of, but may otherwise participate in the consideration of a matter with respect to which the independence of judgment of a reasonable person in his situation would be materially affected by:

(a) His acceptance of a gift or loan;

(b) His direct pecuniary interest; or

(c) His commitment to a member of his household or a person who is related to him by blood, adoption or marriage within the third degree of consanguinity or affinity. It must be presumed that the independence of judgment of a reasonable person would not be materially affected by his direct pecuniary interest or his commitment described in paragraph (c) where the resulting benefit or detriment accruing to him or to the other persons whose interests to which the member is committed is not greater than that accruing to any other member of the general business, profession, occupation or group. The presumption set forth in this subsection does not affect the applicability of the requirements set forth in subsection 4 relating to the disclosure of the direct pecuniary interest or commitment.

4. A public officer or employee shall not approve, disapprove, vote, abstain from voting or otherwise act upon any matter:

(a) Regarding which he has accepted a gift or loan;

(b) Which would reasonably be affected by his commitment in a private capacity to the interest of others; or

(c) In which he has a pecuniary interest, without disclosing sufficient information concerning the gift, loan, commitment or interest to inform the public of the potential effect of the action or abstention upon the person who provided the gift or loan, upon the person to whom he has a commitment, or upon his interest. Except as otherwise provided in subsection ~~[6,]~~ 7, such a disclosure must be made at the time the matter is considered. If the officer or employee is a member of a body which makes decisions, he shall make the disclosure in public to the Chairman and other members of the body. If the officer or employee is not a member of such a body and holds an appointive office, he shall make the disclosure to the supervisory head of his organization or, if he holds an elective office, to the general public in the area from which he is elected. This subsection does not require a public officer to disclose any campaign contributions that the public officer reported pursuant to NRS 294A.120 or 294A.125 in a timely manner.

~~[4.]~~ 5. If a public officer declares to the body or committee in which the vote is to be taken that he will abstain from voting because of the requirements of this section, the necessary quorum to act upon and the number of votes necessary to act upon the matter, as fixed by any statute, ordinance or rule, is reduced as though the member abstaining were not a member of the body or committee.

~~[5.]~~ 6. If a public officer is voting on a matter which affects public employees, he shall make a full public disclosure of any personal pecuniary interest which he may have in the matter.

~~[6.]~~ 7. After a member of the Legislature makes a disclosure pursuant to subsection ~~[3,]~~ 4, he may file with the Director of the Legislative Counsel Bureau a written statement of his disclosure. The written statement must designate the matter to which the disclosure applies. After a Legislator files a written statement pursuant to this subsection, he is not required to disclose orally his interest when the matter is further considered by the Legislature or any committee thereof. A written statement of disclosure is a public record and must be made available for inspection by the public during the regular office hours of the Legislative Counsel Bureau.

~~[7.]~~ 8. The provisions of this section do not, under any circumstances:

(a) Prohibit a member of the legislative branch from requesting or introducing a legislative measure; or

(b) Require a member of the legislative branch to take any particular action before or while requesting or introducing a legislative measure.

~~[8.]~~ 9. As used in this section, “commitment in a private capacity to the interests of others” means a commitment to a person:

(a) Who is a member of his household;

(b) Who is related to him by blood, adoption or marriage within the third degree of consanguinity or affinity;

(d) With whom he has a substantial and continuing business relationship; or

(e) Any other commitment or relationship that is substantially similar to a commitment or relationship described in this subsection.”.

Amend the title of the bill to read as follows:

“AN ACT relating to land use planning; providing that members of city and county planning commissions in certain larger counties serve at the pleasure of their appointing authority; limiting the number of continuances that may be granted by a city or county planning commission in certain larger counties under certain circumstances; revising provisions relating to the appeal of certain land use decisions; revising certain ethical requirements with respect to members of city and county planning commissions in certain larger counties; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Revises provisions relating to city and county planning commissions in certain larger counties. (BDR 22‑728)”.

Assemblyman Manendo moved the adoption of the amendment.

Remarks by Assemblyman Manendo.

Amendment adopted.

Bill ordered reprinted, engrossed, and to third reading.

Assembly Bill No. 324.

Bill read second time.

The following amendment was proposed by the Committee on Transportation:

Amendment No. 462.

Amend the bill as a whole by deleting sections 46 and 47 and adding:

“Secs. 46 and 47. (Deleted by amendment.)”.

Amend the bill as a whole by deleting sec. 51 and adding:

“Sec. 51. (Deleted by amendment.)”.

Amend the title of the bill by deleting the third and fourth lines and inserting: “registration of certain vehicles; and providing other”.

Amend the summary of the bill to read as follows:

“SUMMARY—Revises provisions governing frequency of renewal of registration of certain vehicles. (BDR 43‑1097)”.

Assemblywoman Chowning moved the adoption of the amendment.

Remarks by Assemblywoman Chowning.

Amendment adopted.

Bill ordered reprinted, engrossed, and to third reading.

Assembly Bill No. 391.

Bill read second time.

The following amendment was proposed by the Committee on Education:

Amendment No. 151.

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

“Section 1. 1. There is hereby appropriated from the State General Fund to the University and Community College System of Nevada the sum of $3,000,000 for the creation and implementation of a Program of Workforce Development Challenge Grants by the community colleges within the System.

2. The money appropriated by subsection 1 must be distributed, in a manner determined by the University and Community College System of Nevada, to the:

(a) Community College of Southern Nevada;

(b) Great Basin College;

(d) Western Nevada Community College,

to create and implement a Program of Workforce Development Challenge Grants. The Program must include the provision of appropriate workforce training to ensure an adequate supply of skilled workers to meet the demands of economic development.”.

Amend the title of the bill to read as follows:

“AN ACT making an appropriation to the University and Community College System of Nevada for use by the community colleges within the System to create and implement a Program of Workforce Development Challenge Grants; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Makes appropriation to University and Community College System of Nevada for creation of Program of Workforce Development Challenge Grants. (BDR S‑1298)”.

Assemblyman Williams moved the adoption of the amendment.

Remarks by Assemblyman Williams.

Amendment adopted.

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

Assembly Bill No. 450.

Bill read second time.

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

Amendment No. 404.

Amend section 1, page 2, line 37, by deleting: “longer than 3 months” and inserting: “a reasonable period”.

Amend section 1, page 2, line 38, after “candidates” by inserting: “for the position”.

Amend section 1, page 2, lines 42 and 43, by deleting: “annual salary authorized for that position is more than $50,000.” and inserting: “position is the administrative head of a department, board, agency, school district or commission, or the immediate deputy or assistant of such an administrative head.”.

Assemblyman Manendo moved the adoption of the amendment.

Remarks by Assemblyman Manendo.

Amendment adopted.

Bill ordered reprinted, engrossed, and to third reading.

Assembly Bill No. 487.

Bill read second time.

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

Amendment No. 388.

Amend section 1, page 1, by deleting lines 12 and 13.

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

“Sec. 3. NRS 218.536, 218.5361, 218.5363, 218.5365, 218.5367, 218.5368, 218.5369 and 218.5371 are hereby repealed.”.

Amend sec. 3, page 2, by deleting line 42 and inserting:

“Sec. 4. 1. This section and sections 1 and 2 of this act become effective on July 1, 2003.

2. Section 3 of this act becomes effective on July 1, 2005.”.

Amend the bill as a whole by adding the leadlines of repealed sections, following sec. 3, to read as follows:

“

LEADLINES OF REPEALED SECTIONS

218.536 Legislative findings and declarations.

218.5361 “Committee” defined.

218.5363 Establishment; membership; Chairman; vacancies.

218.5365 Meetings; regulations; compensation of members.

218.5367 Powers of Committee.

218.5368 Duties of Committee.

218.5369 Oaths; depositions; subpoenas.

218.5371 Fees and mileage for witnesses.”.

Amend the title of the bill, third line, after the semicolon by inserting: “providing the date for expiration of the Committee;”.

Amend the summary of the bill to read as follows:

“SUMMARY—Enlarges membership of Legislative Committee on Public Lands and provides date for expiration of Committee. (BDR 17‑1272)”.

Assemblywoman Giunchigliani moved the adoption of the amendment.

Remarks by Assemblymen Giunchigliani and Carpenter.

Amendment adopted.

Bill ordered reprinted, engrossed, and to third reading.

Assembly Bill No. 488.

Bill read second time.

The following amendment was proposed by the Committee on
Natural Resources, Agriculture, and Mining:

Amendment No. 238.

Amend section 1, pages 1 and 2, by deleting lines 7 through 11 on page 1 and lines 1 through 8 on page 2, and inserting: “provisions of NRS 536.120 which involves the ditch if the ditch is located:

(a) Within the boundaries of an adjudicated stream system for which the State Engineer has appointed an engineer to work in a supervisory capacity pursuant to NRS 533.275; and

(b) Outside the boundaries of an irrigation district organized pursuant to chapter 539 of NRS.

2. For any complaint investigated pursuant to subsection 1, the State Engineer shall:

(a) Prepare a report concerning the investigation, including, without limitation, the condition of the ditch; and

(b) Make the report available to the person or local governmental entity that requested the investigation.

3. A person or local governmental entity that obtains a report pursuant to subsection 2 may submit a copy of the report with any report of a violation of the provisions of NRS 536.120 that is reported to a law enforcement agency.”.

Amend the bill as a whole by deleting sections 2 and 3, renumbering sec. 4 as sec. 9 and adding new sections designated sections 2 through 8, following section 1, to read as follows:

“Sec. 2. Chapter 278 of NRS is hereby amended by adding thereto a new section to read as follows:

1. In any county whose population is less than 100,000, when any subdivider proposes to subdivide land which is located outside the boundaries of any irrigation district organized pursuant to chapter 539 of NRS on which an irrigation ditch is located, the planning commission or its designated representative, or if there is no planning commission, the clerk or other designated representative of the governing body, shall forward a copy of the subdivider’s tentative map, by certified or registered mail, to the last known address of the owner of record of any land to which the irrigation ditch is appurtenant that is on file in the office of the county assessor pursuant to this section. An owner of record who receives a copy of a subdivider’s tentative map shall, within 30 days after receiving the map, review and comment in writing upon the map to the planning commission or governing body. The planning commission or governing body shall take those comments into consideration before approving the tentative map.

2. A subdivider whose tentative map is provided to an owner of record pursuant to this section is responsible for any costs incurred by the planning commission or its designated representative, or by the clerk or other designated representative of the governing body, in identifying the owner of record and providing a copy of the tentative map to the owner of record.

Sec. 3. NRS 278.010 is hereby amended to read as follows:

278.010 As used in NRS 278.010 to 278.630, inclusive, and section 2 of this act, unless the context otherwise requires, the words and terms defined in NRS 278.0105 to 278.0195, inclusive, have the meanings ascribed to them in those sections.

Sec. 4. NRS 278.320 is hereby amended to read as follows:

278.320 1. “Subdivision” means any land, vacant or improved, which is divided or proposed to be divided into five or more lots, parcels, sites, units or plots, for the purpose of any transfer~~[,]~~ or development , or any proposed transfer or development , unless exempted by one of the following provisions:

(a) The term “subdivision” does not apply to any division of land which is subject to the provisions of NRS 278.471 to 278.4725, inclusive.

(b) Any joint tenancy or tenancy in common shall be deemed a single interest in land.

(c) Unless a method of disposition is adopted for the purpose of evading this chapter or would have the effect of evading this chapter, the term “subdivision” does not apply to:

(1) Any division of land which is ordered by any court in this state or created by operation of law;

(2) A lien, mortgage, deed of trust or any other security instrument;

(3) A security or unit of interest in any investment trust regulated under the laws of this state or any other interest in an investment entity;

(4) Cemetery lots; or

(5) An interest in oil, gas, minerals or building materials, which are now or hereafter severed from the surface ownership of real property.

2. A common-interest community consisting of five or more units shall be deemed to be a subdivision of land within the meaning of this section, but need only comply with NRS 278.326 to 278.460, inclusive, and section 2 of this act, and 278.473 to 278.490, inclusive.

3. The board of county commissioners of any county may exempt any parcel or parcels of land from the provisions of NRS 278.010 to 278.630, inclusive, and section 2 of this act if:

(a) The land is owned by a railroad company or by a nonprofit corporation organized and existing pursuant to the provisions of chapter 81 or 82 of
NRS which is an immediate successor in title to a railroad company, and the land was in the past used in connection with any railroad operation; and

(b) Other persons now permanently reside on the land.

4. This chapter does not apply to the division of land for agricultural purposes into parcels of more than 10 acres, if a street, road, or highway opening or widening or easement of any kind is not involved.

Sec. 5. NRS 278.330 is hereby amended to read as follows:

278.330 1. The initial action in connection with the making of any subdivision is the preparation of a tentative map.

2. The subdivider shall file copies of ~~[such]~~ the map with the planning commission or its designated representative, or with the clerk of the governing body if there is no planning commission, together with a filing fee in an amount determined by the governing body.

3. The commission, its designated representative, the clerk or other designated representative of the governing body or, when authorized by the governing body, the subdivider or any other appropriate agency shall distribute copies of the map and any accompanying data to all state and local agencies and persons charged with reviewing the proposed subdivision.

4. If there is no planning commission, the clerk of the governing body shall submit the tentative map to the governing body at its next regular meeting.

5. Except as otherwise provided by subsection 6, if there is a planning commission, it shall:

(a) In a county whose population is 400,000 or more, within 45 days; or

(b) In a county whose population is less than 400,000, within 60 days,

after accepting as a complete application a tentative map, recommend approval, conditional approval or disapproval of the map in a written report filed with the governing body.

6. If the governing body has authorized the planning commission to take final action on a tentative map, the planning commission shall:

(a) In a county whose population is 400,000 or more, within 45 days; or

(b) In a county whose population is less than 400,000, within 60 days,

after accepting as a complete application a tentative map, approve, conditionally approve or disapprove the tentative map in the manner provided for in NRS 278.349. The planning commission shall file its written decision with the governing body.

Sec. 6. NRS 278.349 is hereby amended to read as follows:

278.349 1. Except as otherwise provided in subsection 2, the governing body, if it has not authorized the planning commission to take final action, shall, by an affirmative vote of a majority of all the members, approve, conditionally approve or disapprove a tentative map filed pursuant to
NRS 278.330:

(a) In a county whose population is 400,000 or more, within 45 days; or

(b) In a county whose population is less than 400,000, within 60 days,

after receipt of the planning commission’s recommendations.

2. If there is no planning commission, the governing body shall approve, conditionally approve or disapprove a tentative map:

(a) In a county whose population is 400,000 or more, within 45 days; or

(b) In a county whose population is less than 400,000, within 60 days,

after the map is filed with the clerk of the governing body.

3. The governing body, or planning commission if it is authorized to take final action on a tentative map, shall consider:

(a) Environmental and health laws and regulations concerning water and air pollution, the disposal of solid waste, facilities to supply water, community or public sewage disposal and, where applicable, individual systems for sewage disposal;

(b) The availability of water which meets applicable health standards and is sufficient in quantity for the reasonably foreseeable needs of the subdivision;

(d) The availability and accessibility of public services such as schools, police protection, transportation, recreation and parks;

(e) Conformity with the zoning ordinances and master plan, except that if any existing zoning ordinance is inconsistent with the master plan, the zoning ordinance takes precedence;

(f) General conformity with the governing body’s master plan of streets and highways;

(g) The effect of the proposed subdivision on existing public streets and the need for new streets or highways to serve the subdivision;

(h) Physical characteristics of the land such as floodplain, slope and soil;

(i) The recommendations and comments of those entities and persons reviewing the tentative map pursuant to NRS 278.330 to 278.348, inclusive ~~[;]~~ , and section 2 of this act; and

(j) The availability and accessibility of fire protection, including, but not limited to, the availability and accessibility of water and services for the prevention and containment of fires, including fires in wild lands.

4. The governing body or planning commission shall, by an affirmative vote of a majority of all the members, make a final disposition of the tentative map. Any disapproval or conditional approval must include a statement of the reason for that action.

Sec. 7. NRS 278.590 is hereby amended to read as follows:

278.590 1. It is unlawful for any person to contract to sell, to sell or to transfer any subdivision or any part thereof, or land divided pursuant to a parcel map or map of division into large parcels, unless:

(a) The required map thereof, in full compliance with the appropriate provisions of NRS 278.010 to 278.630, inclusive, and section 2 of this act, and any local ordinance, has been recorded in the office of the recorder of each county in which the subdivision or land divided is located; or

(b) The person is contractually obligated to record the required map ~~[,]~~ before title is transferred or possession is delivered, whichever is earlier, as provided in paragraph (a).

2. A person who violates the provisions of subsection 1 is guilty of a misdemeanor and is liable for a civil penalty of not more than $300 for each lot or parcel sold or transferred.

3. This section does not bar any legal, equitable or summary remedy to which any aggrieved municipality or other political subdivision, or any person, may otherwise be entitled, and any such municipality or other political subdivision or person may file suit in the district court of the county in which any property attempted to be divided or sold in violation of any provision of NRS 278.010 to 278.630, inclusive, and section 2 of this act, is located to restrain or enjoin any attempted or proposed division or transfer in violation of those sections.

Sec. 8. NRS 278.600 is hereby amended to read as follows:

278.600 Any county recorder who records a map contrary to the provisions of NRS 278.010 to 278.630, inclusive, and section 2 of this act, or of any local ordinance adopted pursuant thereto is guilty of a misdemeanor.”.

Amend the title of the bill to read as follows:

“AN ACT relating to ditches; requiring the State Engineer to investigate and prepare a report concerning certain complaints concerning possible criminal acts involving ditches; requiring a copy of a subdivider’s tentative map to be forwarded to the owner of record of land to which an irrigation ditch is appurtenant under certain circumstances; and providing other matters properly relating thereto.”.

Assemblyman Collins moved the adoption of the amendment.

Remarks by Assemblyman Collins.

Amendment adopted.

Bill ordered reprinted, engrossed, and to third reading.

Assembly Bill No. 510.

Bill read second time.

The following amendment was proposed by the Committee on Education:

Amendment No. 290.

Amend section 1, page 1, by deleting lines 5 and 6 and inserting: “passing the high school proficiency examination. The course of study must:”.

Amend section 1, page 2, line 4, by deleting “shall” and inserting “may”.

Amend sec. 2, page 2, by deleting lines 30 through 33 and inserting:

“(h) Courses of study which the Department recommends that pupils take in high school to successfully prepare for the college entrance examinations.”.

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

Amend sec. 4, page 3, line 27, by deleting: “sections 2 and 3” and inserting “section 2”.

Amend the title of the bill by deleting the third through ninth lines and inserting: “to pass the high school proficiency examination; authorizing the boards of trustees of school districts to offer the course of study to pupils enrolled in high school; revising provisions governing the informational pamphlet concerning the high school proficiency examination to include certain information regarding preparation for the college entrance examinations; and providing other matters properly”.

Amend the summary of the bill to read as follows:

“SUMMARY—Requires State Board of Education to prescribe course of study to prepare pupils for high school proficiency examination. (BDR 34‑1239)”.

Assemblyman Williams moved the adoption of the amendment.

Remarks by Assemblyman Williams.

Amendment adopted.

Bill ordered reprinted, engrossed, and to third reading.

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

Assembly in recess at 11:16 a.m.

ASSEMBLY IN SESSION

At 11:17 a.m.

Mr. Speaker pro Tempore presiding.

Quorum present.

Assembly Bill No. 536.

Bill read second time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 499.

Amend section 1, page 1, by deleting lines 9 through 15 and inserting:

“3. If the provisions of the form prescribed by the Secretary of State conflict with the provisions of any document that is filed with the form:

(a) The Secretary of State may determine whether to file or reject the document based on the information on the prescribed form; and

(b) Unless otherwise provided in the document, the provisions of the document control in any other situation.”.

Amend sec. 5, page 3, by deleting line 22 and inserting: “bank , ~~[or]~~ savings and loan association ~~[;]~~ or thrift company; and”.

Amend sec. 6, page 5, line 9, by deleting “street” and inserting “~~[street]~~”.

Amend sec. 9, page 6, by deleting lines 38 through 43 and inserting:

“2. Upon notification from the Administrator of the Real Estate Division of the Department of Business and Industry that a corporation which is a unit-owners’ association as defined in NRS 116.110315 has failed to register pursuant to NRS 116.31158 or failed to pay the fees pursuant to
NRS 116.31155, the Secretary of State shall deem the corporation to be in default. If, after the corporation is deemed to be in default, the Administrator notifies the Secretary of State that the corporation has registered”.

Amend sec. 10, page 7, by deleting lines 15 through 20 and inserting:

“2. On the first day of the first anniversary of the month following the month in which the filing was required, the charter of the corporation is revoked and its right to transact business is forfeited.

3. The Secretary of State”.

Amend sec. 10, page 7, line 24, by deleting “3.” and inserting “4.”.

Amend sec. 10, page 7, line 26, by deleting “2” and inserting “3”.

Amend sec. 10, page 7, line 32, by deleting “4.” and inserting “~~[4.]~~ 5.”.

Amend sec. 10, page 7, line 42, by deleting “5.” and inserting “~~[5.]~~ 6.”.

Amend sec. 11, page 8, by deleting lines 16 through 18 and inserting: “each required annual list in a timely manner; and

(2) A fee of $200 for reinstatement.”.

Amend sec. 11, page 8, by deleting line 25 and inserting: “~~certified copies of the]~~ a certificate of reinstatement ~~[.]~~ if the corporation:

(a) Requests a certificate of reinstatement; and

(b) Pays the required fees pursuant to subsection 8 of NRS 78.785.”.

Amend the bill as a whole by adding a new section designated sec. 11.5, following sec. 11, to read as follows:

“Sec. 11.5. NRS 78.185 is hereby amended to read as follows:

78.185 1. Except as otherwise provided in subsection 2, if a corporation applies to reinstate or revive its charter but its name has been legally reserved or acquired by another artificial person formed, organized, registered or qualified pursuant to the provisions of this title whose name is on file with the Office of the Secretary of State or reserved in the Office of the Secretary of State pursuant to the provisions of this title, the corporation shall in its application for reinstatement submit in writing to the Secretary of State some other name under which it desires its corporate existence to be reinstated or revived. If that name is distinguishable from all other names reserved or otherwise on file, the Secretary of State shall ~~[issue to the applying corporation a certificate of reinstatement or revival]~~ reinstate the corporation under that new name.

2. If the applying corporation submits the written, acknowledged consent of the artificial person having a name, or the person who has reserved a name, which is not distinguishable from the old name of the applying corporation or a new name it has submitted, it may be reinstated or revived under that name.

3. For the purposes of this section, a proposed name is not distinguishable from a name on file or reserved name solely because one or the other contains distinctive lettering, a distinctive mark, a trademark or a trade name, or any combination of these.

4. The Secretary of State may adopt regulations that interpret the requirements of this section.”.

Amend sec. 12, page 8, by deleting lines 41 through 45 and inserting: “and 78.390, as applicable . ~~[, and must be accompanied by:~~

~~(a) A resolution; or~~

~~(b) A form prescribed by the Secretary of State, setting forth which provisions of the articles of incorporation on file with the Secretary of State are being altered or amended.]~~”.

Amend the bill as a whole by adding a new section designated sec. 16.5, following sec. 16, to read as follows:

“Sec. 16.5. NRS 78.795 is hereby amended to read as follows:

78.795 1. Any natural person or corporation residing or located in this state may ~~[, on or after January 1 of any year but before January 31 of that year,]~~ register his willingness to serve as the resident agent of a domestic or foreign corporation, limited-liability company or limited partnership with the Secretary of State. The registration must be accompanied by a fee of $250 per office location of the resident agent.

2. The Secretary of State shall maintain a list of those persons who are registered pursuant to subsection 1 and make the list available to persons seeking to do business in this state.

3. The Secretary of State may amend any information provided in the list if a person who is included in the list:

(a) Requests the amendment; and

(b) Pays a fee of $50.

4. The Secretary of State may adopt regulations regarding the content, maintenance and presentation of the list.”.

Amend sec. 17, page 12, by deleting lines 22 through 28 and inserting:

“3. If the provisions of the form prescribed by the Secretary of State conflict with the provisions of any document that is filed with the form:

(a) The Secretary of State may determine whether to file or reject the document based on the information on the prescribed form; and

(b) Unless otherwise provided in the document, the provisions of the document control in any other situation.”.

Amend sec. 19, pages 12 and 13, by deleting lines 40 through 45 on page 12 and line 1 on page 13 and inserting:

“3. If the provisions of the form prescribed by the Secretary of State conflict with the provisions of any document that is filed with the form:

(a) The Secretary of State may determine whether to file or reject the document based on the information on the prescribed form; and

(b) Unless otherwise provided in the document, the provisions of the document control in any other situation.”.

Amend sec. 20, page 13, by deleting lines 16 and 17 and inserting: “the Secretary of State shall reinstate the foreign corporation under that new name.”.

Amend sec. 30, page 19, by deleting lines 6 through 16 and inserting: “business was forfeited; and

(2) A fee of $200 for reinstatement.

2. ~~[If payment is made and]~~ When the Secretary of State reinstates the corporation , ~~[to its former rights,]~~ he shall [:

(a) Immediately issue and deliver to the corporation so reinstated a certificate of reinstatement authorizing it to transact business in the same manner as if the filing fee had been paid when due; and

~~(b) Upon demand,]~~ issue to the corporation ~~[one or more certified copies of the]~~ a certificate of reinstatement ~~[.]~~ if the corporation:

(a) Requests a certificate of reinstatement; and

(b) Pays the required fees pursuant to subsection 8 of NRS 78.785.”.

Amend sec. 32, page 19, by deleting lines 33 through 39 and inserting:

“3. If the provisions of the form prescribed by the Secretary of State conflict with the provisions of any document that is filed with the form:

(a) The Secretary of State may determine whether to file or reject the document based on the information on the prescribed form; and

(b) Unless otherwise provided in the document, the provisions of the document control in any other situation.”.

Amend sec. 36, page 21, by deleting lines 16 through 22 and inserting:

“3. If the provisions of the form prescribed by the Secretary of State conflict with the provisions of any document that is filed with the form:

(a) The Secretary of State may determine whether to file or reject the document based on the information on the prescribed form; and

(b) Unless otherwise provided in the document, the provisions of the document control in any other situation.”.

Amend sec. 38, page 22, lines 18 and 19 by deleting “officer and”.

Amend sec. 38, page 22, line 20 by deleting “street”.

Amend sec. 43, page 24, by deleting lines 23 through 28 and inserting: “business was forfeited; and

(2) A fee of $25 for reinstatement.

2. When the Secretary of State reinstates the foreign nonprofit corporation, he shall issue to the foreign nonprofit corporation a certificate of reinstatement if the foreign nonprofit corporation:

(a) Requests a certificate of reinstatement; and

(b) Pays the fees as provided in subsection 8 of NRS 78.785.”.

Amend sec. 44, page 25, by deleting lines 4 and 5 and inserting: “the Secretary of State shall reinstate the foreign nonprofit corporation under that new name.”.

Amend sec. 46, page 26, by deleting lines 13 through 18 and inserting:

Amend sec. 51 page 28, by deleting lines 30 through 36 and inserting:

“3. If the provisions of the form prescribed by the Secretary of State conflict with the provisions of any document that is filed with the form:

(a) The Secretary of State may determine whether to file or reject the document based on the information on the prescribed form; and

(b) Unless otherwise provided in the document, the provisions of the document control in any other situation.”.

Amend sec. 53, page 29, by deleting lines 32 through 36 and inserting:

“2. On the first day of the ~~[ninth]~~ first anniversary of the month following the month in which the filing was required, the charter of the corporation sole is revoked and its right to transact business is forfeited.

3. The Secretary of State”.

Amend sec. 53, page 29, line 40, by deleting “3.” and inserting “4.”.

Amend sec. 53, page 29, line 42, by deleting “2” and inserting “3”.

Amend sec. 55 page 30, by deleting lines 12 through 18 and inserting:

“3. If the provisions of the form prescribed by the Secretary of State conflict with the provisions of any document that is filed with the form:

(a) The Secretary of State may determine whether to file or reject the document based on the information on the prescribed form; and

(b) Unless otherwise provided in the document, the provisions of the document control in any other situation.”.

Amend sec. 56, page 30, line 37, by deleting “street”.

Amend sec. 61, page 32, by deleting lines 44 and 45 and inserting: “sections 56 and 58 of this act; and”.

Amend sec. 61, page 33, by deleting lines 4 through 10 and inserting: “business was forfeited; and

(2) A fee of $200 for reinstatement.

2. When the Secretary of State reinstates the foreign limited-liability company, he shall issue to the foreign limited-liability company a certificate of reinstatement if the foreign limited-liability company:

(a) Requests a certificate of reinstatement; and

(b) Pays the required fees pursuant to NRS 86.561.”.

Amend sec. 62, page 33, by deleting lines 30 and 31 and inserting: “otherwise on file, the Secretary of State shall reinstate the foreign limited-liability company”.

Amend sec. 64, page 35, by deleting lines 26 and 27 and inserting: “exclusively or in connection with its business as a bank, savings and loan association or thrift company; and”.

Amend sec. 69, page 38, by deleting lines 33 through 37 and inserting:

“2. On the first day of the first anniversary of the month following the month in which the filing was required, the charter of the company is revoked and its right to transact business is forfeited.

3. The Secretary of”.

Amend sec. 69, page 38, line 41, by deleting “3.” and inserting “4.”.

Amend sec. 69, page 38, line 44, by deleting “2” and inserting “3”.

Amend sec. 69, page 39, line 5, by deleting “4.” and inserting “~~[4.]~~ 5.”.

Amend sec. 69, page 39, line 15, by deleting “5.” and inserting “~~[5.]~~ 6.”.

Amend sec. 70, page 39, by deleting lines 34 through 36 and inserting: “in a timely manner each required annual list; and

(2) A fee of $200 for reinstatement.”.

Amend sec. 70, page 39, by deleting line 43 and inserting: “~~copies of the]~~ a certificate of reinstatement ~~[.]~~ if the limited-liability company:

(a) Requests a certificate of reinstatement; and

(b) Pays the required fees pursuant to NRS 86.561.”.

Amend the bill as a whole by adding a new section designated sec. 70.5, following sec. 70, to read as follows:

“Sec. 70.5. NRS 86.278 is hereby amended to read as follows:

86.278 1. Except as otherwise provided in subsection 2, if a limited-liability company applies to reinstate its charter but its name has been legally acquired or reserved by any other artificial person formed, organized, registered or qualified pursuant to the provisions of this title whose name is on file with the Office of the Secretary of State or reserved in the Office of the Secretary of State pursuant to the provisions of this title, the company shall submit in writing to the Secretary of State some other name under which it desires its existence to be reinstated. If that name is distinguishable from all other names reserved or otherwise on file, the Secretary of State shall ~~[issue to the applying]~~ reinstate the limited-liability company ~~[a certificate of reinstatement]~~ under that new name.

2. If the applying limited-liability company submits the written, acknowledged consent of the artificial person having the name, or the person reserving the name, which is not distinguishable from the old name of the applying company or a new name it has submitted, it may be reinstated under that name.

4. The Secretary of State may adopt regulations that interpret the requirements of this section.”.

Amend sec. 73 page 40, by deleting lines 34 through 40 and inserting:

“3. If the provisions of the form prescribed by the Secretary of State conflict with the provisions of any document that is filed with the form:

(a) The Secretary of State may determine whether to file or reject the document based on the information on the prescribed form; and

(b) Unless otherwise provided in the document, the provisions of the document control in any other situation.”.

Amend sec. 74, page 41, line 13, by deleting “street”.

Amend sec. 79, page 43, by deleting lines 23 through 29 and inserting: “business was forfeited; and

(2) A fee of $200 for reinstatement.

2. When the Secretary of State reinstates the foreign limited-liability partnership, he shall issue to the foreign limited-liability partnership a certificate of reinstatement if the foreign limited-liability partnership:

(a) Requests a certificate of reinstatement; and

(b) Pays the required fees pursuant to NRS 87.550.”.

Amend sec. 80, page 44, by deleting lines 5 through 7 and inserting: “reserved or otherwise on file, the Secretary of State shall reinstate the foreign limited-liability partnership under that new name.”.

Amend sec. 81, page 45, by deleting lines 20 and 21 and inserting: “company, exclusively or in connection with its business as a bank, savings and loan association or thrift company; and”.

Amend the bill as a whole by adding a new section designated sec. 81.5, following sec. 81, to read as follows:

“Sec. 81.5. NRS 87.455 is hereby amended to read as follows:

87.455 1. Except as otherwise provided in subsection 2, if a registered limited-liability partnership applies to reinstate its right to transact business but its name has been legally acquired by any other artificial person formed, organized, registered or qualified pursuant to the provisions of this title whose name is on file with the Office of the Secretary of State or reserved in the Office of the Secretary of State pursuant to the provisions of this title, the applying registered limited-liability partnership shall submit in writing to the Secretary of State some other name under which it desires its right to transact business to be reinstated. If that name is distinguishable from all other names reserved or otherwise on file, the Secretary of State shall ~~[issue to the applying]~~ reinstate the registered limited-liability partnership ~~[a certificate of reinstatement]~~ under that new name.

2. If the applying registered limited-liability partnership submits the written, acknowledged consent of the artificial person having the name, or the person who has reserved the name, that is not distinguishable from the old name of the applying registered limited-liability partnership or a new name it has submitted, it may be reinstated under that name.

4. The Secretary of State may adopt regulations that interpret the requirements of this section.”.

Amend sec. 84, page 48, by deleting lines 6 through 12 and inserting:

“2. Upon notification from the Administrator of the Real Estate Division of the Department of Business and Industry that a registered limited-liability partnership which is a unit-owners’ association as defined in
NRS 116.110315 has failed to register pursuant to NRS 116.31158 or failed to pay the fees pursuant to NRS 116.31155, the Secretary of State shall deem the registered limited-liability partnership to be in default. If, after the registered limited-liability partnership is deemed to be in default, the Administrator notifies the Secretary of State that the registered limited-liability”.

Amend sec. 85, page 49, by deleting lines 16 through 27 and inserting: “and

(3) A reinstatement fee of $200.

2. ~~[Upon reinstatement of a certificate of registration pursuant to this section,]~~ When the Secretary of State reinstates the registered limited-liability partnership, he shall [:

~~(a) Deliver to the registered limited-liability partnership a certificate of reinstatement authorizing it to transact business retroactively from the date the fee required by NRS 87.510 was due; and~~

~~(b) Upon request,]~~ issue to the registered limited-liability partnership ~~[one or more certified copies of the]~~ a certificate of reinstatement ~~[.]~~ if the registered limited-liability partnership:

(a) Requests a certificate of reinstatement; and

(b) Pays the required fees pursuant to NRS 87.550.”.

Amend sec. 88 page 50, by deleting lines 21 through 27 and inserting:

“3. If the provisions of the form prescribed by the Secretary of State conflict with the provisions of any document that is filed with the form:

(a) The Secretary of State may determine whether to file or reject the document based on the information on the prescribed form; and

(b) Unless otherwise provided in the document, the provisions of the document control in any other situation.”.

Amend sec. 89, page 51, line 1, by deleting “street”.

Amend sec. 94, page 53, by deleting lines 6 through 12 and inserting: “business was forfeited; and

(2) A fee of $200 for reinstatement.

2. When the Secretary of State reinstates the foreign limited partnership, he shall issue to the foreign limited partnership a certificate of reinstatement if the foreign limited partnership:

(a) Requests a certificate of reinstatement; and

(b) Pays the required fees pursuant to NRS 88.415.”.

Amend sec. 95, page 53, by deleting lines 32 and 33 and inserting: “otherwise on file, the Secretary of State shall reinstate the foreign limited partnership under”.

Amend sec. 96, page 55, by deleting line 6 and inserting: “a bank, savings and loan association or thrift company; and”.

Amend sec. 97, page 56, by deleting lines 18 and 19 and inserting: “on file, the Secretary of State shall ~~[issue to the applying]~~ reinstate the limited partnership ~~[a certificate of reinstatement]~~ under that new name.”.

Amend sec. 100, page 57, line 19, by deleting “street” and inserting “~~[street]~~”.

Amend sec. 101, page 58, by deleting lines 21 through 26 and inserting:

“3. Upon notification from the Administrator of the Real Estate Division of the Department of Business and Industry that a limited partnership which is a unit-owners’ association as defined in NRS 116.110315 has failed to register pursuant to NRS 116.31158 or failed to pay the fees pursuant to NRS 116.31155, the Secretary of State shall deem the limited partnership to be in default. If, after the limited partnership is deemed to be in default, the Administrator notifies the Secretary of State that the limited”.

Amend sec. 102, page 59, by deleting lines 3 through 7 and inserting:

“2. Immediately after the first day of the first anniversary of the month following the month in which filing was required, the certificate of the limited partnership is revoked.

3. The Secretary of State”.

Amend sec. 102, page 59, line 11, by deleting “3.” and inserting “4.”.

Amend sec. 102, page 59, line 13, by deleting “2” and inserting “3”.

Amend sec. 102, page 59, line 19, by deleting “4.” and inserting “5.”.

Amend sec. 103, page 59, by deleting lines 40 through 43 and inserting: “revoked, and a fee of $200 for reinstatement.

2. When ~~[payment is made and]~~ the Secretary of State reinstates the limited partnership , ~~[to its former rights,]~~ he shall [:”.

Amend sec. 103, page 60, by deleting line 5 and inserting: “~~certified copies of the]~~ a certificate of reinstatement ~~[.]~~ if the limited partnership:

(a) Requests a certificate of reinstatement; and

(b) Pays the required fees pursuant to NRS 88.415.”.

Amend sec. 106, page 60, by deleting lines 37 through 43 and inserting:

“3. If the provisions of the form prescribed by the Secretary of State conflict with the provisions of any document that is filed with the form:

(a) The Secretary of State may determine whether to file or reject the document based on the information on the prescribed form; and

(b) Unless otherwise provided in the document, the provisions of the document control in any other situation.”.

Amend sec. 107, page 61, line 17, by deleting “street”.

Amend sec. 111, page 62, line 44, by deleting “corporations” and inserting: “foreign business trusts”.

Amend sec. 112, page 63, by deleting lines 20 through 26 and inserting: “transact business was forfeited; and

(2) A fee of $200 for reinstatement.

2. When the Secretary of State reinstates the foreign business trust, he shall issue to the foreign business trust a certificate of reinstatement if the foreign business trust:

(a) Requests a certificate of reinstatement; and

(b) Pays the required fees pursuant to NRS 88A.900.”.

Amend sec. 113, page 64, by deleting lines 2 and 3 and inserting: “the Secretary of State shall reinstate the foreign business trust under that new name.”.

Amend the bill as a whole by deleting sec. 114 and inserting:

“Sec. 114. (Deleted by amendment.)”.

Amend sec. 120, page 66, by deleting lines 39 through 44 and inserting:

“2. Immediately after the first day of the first anniversary of the month following the month in which the filing was required, the certificate of trust of the business trust is revoked and its right to transact business is forfeited.

3. The Secretary of State”.

Amend sec. 120, page 67, line 3, by deleting “3.” and inserting “4.”.

Amend sec. 120, page 67, line 5, by deleting “2” and inserting “3”.

Amend sec. 120, page 67, line 12, by deleting “4.” and inserting “~~[4.]~~ 5.”.

Amend sec. 121, page 67, by deleting lines 32 through 34 and inserting: “of trust was revoked; and

(2) A fee of $200 for reinstatement.”.

Amend sec. 121, page 67, by deleting line 41 and inserting: “~~certified copies of the]~~ a certificate of reinstatement ~~[.]~~ if the business trust:

(a) Requests a certificate of reinstatement; and

(b) Pays the required fees pursuant to subsection NRS 88A.900.”.

Amend sec. 121, page 68, line 3, by deleting “charter” and inserting “certificate”.

Amend the bill as a whole by adding a new section designated sec. 121.5, following sec. 121, to read as follows:

“Sec. 121.5. NRS 88A.660 is hereby amended to read as follows:

88A.660 1. Except as otherwise provided in subsection 2, if a certificate of trust is revoked pursuant to the provisions of this chapter and the name of the business trust has been legally reserved or acquired by another artificial person formed, organized, registered or qualified pursuant to the provisions of this title whose name is on file with the Office of the Secretary of State or reserved in the Office of the Secretary of State pursuant to the provisions of this title, the business trust shall submit in writing to the Secretary of State some other name under which it desires to be reinstated. If that name is distinguishable from all other names reserved or otherwise on file, the Secretary of State shall ~~[issue to]~~ reinstate the business trust ~~[a certificate of reinstatement]~~ under that new name.

2. If the defaulting business trust submits the written, acknowledged consent of the artificial person using a name, or the person who has reserved a name, which is not distinguishable from the old name of the business trust or a new name it has submitted, it may be reinstated under that name.”.

Amend sec. 124, pages 68 and 69, by deleting lines 44 and 45 on page 68 and lines 1 through 5 on page 69 and inserting:

“3. If the provisions of the form prescribed by the Secretary of State conflict with the provisions of any document that is filed with the form:

(a) The Secretary of State may determine whether to file or reject the document based on the information on the prescribed form; and

(b) Unless otherwise provided in the document, the provisions of the document control in any other situation.”.

Amend sec. 125, page 69, by deleting line 19 and inserting:

“(b) The names and ~~[post office boxes or street]~~ addresses, either”.

Amend the bill as a whole by adding new sections designated sections 125.3 through 125.7, following sec. 125, to read as follows:

“Sec. 125.3. NRS 89.250 is hereby amended to read as follows:

89.250 1. Except as otherwise provided in subsection 2, a professional association shall, on or before the ~~[first]~~ last day of the ~~[second]~~ first month after the filing of its articles of association with the Secretary of State, and annually thereafter on or before the last day of the month in which the anniversary date of its organization occurs in each year, furnish a statement to the Secretary of State showing the names and ~~[residence]~~ addresses , either residence or business, of all members and employees in the professional association and certifying that all members and employees are licensed to render professional service in this state.

2. A professional association organized and practicing pursuant to the provisions of this chapter and NRS 623.349 shall, on or before the ~~[first]~~ last day of the ~~[second]~~ first month after the filing of its articles of association with the Secretary of State, and annually thereafter on or before the last day of the month in which the anniversary date of its organization occurs in each year, furnish a statement to the Secretary of State:

(a) Showing the names and ~~[residence]~~ addresses , either residence or business, of all members and employees of the professional association who are licensed or otherwise authorized by law to render professional service in this state;

(b) Certifying that all members and employees who render professional service are licensed or otherwise authorized by law to render professional service in this state; and

(c) Certifying that all members who are not licensed to render professional service in this state do not render professional service on behalf of the professional association except as authorized by law.

3. Each statement filed pursuant to this section must be:

(a) Made on a form prescribed by the Secretary of State and must not contain any fiscal or other information except that expressly called for by this section.

(b) Signed by the chief executive officer of the professional association.

(1) Has complied with the provisions of chapter 364A of NRS ~~[.]~~ ; and

(2) Acknowledges that pursuant to NRS 239.330 it is a category C felony to knowingly offer any false or forged instrument for filing in the Office of the Secretary of State.

4. Upon filing:

(a) The initial statement required by this section, the professional association shall pay to the Secretary of State a fee of $165.

(b) Each annual statement required by this section, the professional association shall pay to the Secretary of State a fee of $85.

5. As used in this section, “signed” means to have executed or adopted a name, word or mark, including, without limitation, an electronic signature as defined in NRS 719.100, with the present intention to authenticate a document.

Sec. 125.5. NRS 89.254 is hereby amended to read as follows:

89.254 1. The Secretary of State shall ~~[notify by letter]~~ provide written notice to each professional association which is in default pursuant to the provisions of NRS 89.252. The written notice ~~[must be accompanied by]~~ :

(a) Must include a statement indicating the amount of the filing fee, penalties incurred and costs remaining unpaid.

(b) At the request of the professional association, may be provided electronically.

2. On the first day of the ~~[ninth]~~ first anniversary of the month following the month in which the filing was required, the articles of association of the professional association is revoked and its right to transact business is forfeited.

3. The Secretary of State shall compile a complete list containing the names of all professional associations whose right to ~~[do]~~ transact business has been forfeited.

4. The Secretary of State shall forthwith notify each ~~[such]~~ professional association specified in subsection 3 by ~~[letter]~~ providing written notice of the forfeiture of its right to transact business. The written notice ~~[must be accompanied by]~~ :

(a) Must include a statement indicating the amount of the filing fee, penalties incurred and costs remaining unpaid.

~~[4.]~~ (b) At the request of the professional association, may be provided electronically.

5. If the articles of association of a professional association are revoked and the right to transact business is forfeited, all the property and assets of the defaulting professional association must be held in trust by its members, as for insolvent corporations, and the same proceedings may be had with respect to its property and assets as apply to insolvent corporations. Any interested person may institute proceedings at any time after a forfeiture has been declared, but if the Secretary of State reinstates the articles of association the proceedings must be dismissed and all property restored to the members of the professional association.

~~[5.]~~ 6. If the assets of the professional association are distributed, they must be applied to:

(a) The payment of the filing fee, penalties and costs due to the State; and

(b) The payment of the creditors of the professional association.

Any balance remaining must be distributed as set forth in the articles of association or, if no such provisions exist, among the members of the professional association.

Sec. 125.7. NRS 89.256 is hereby amended to read as follows:

89.256 1. Except as otherwise provided in subsections 3 and 4, the Secretary of State shall reinstate any professional association which has forfeited its right to transact business under the provisions of this chapter and restore the right to carry on business in this state and exercise its privileges and immunities if it:

(a) Files with the Secretary of State the statement and certification required by NRS 89.250; and

(b) Pays to the Secretary of State:

(1) The filing fee and penalty set forth in NRS 89.250 and 89.252 for each year or portion thereof during which the articles of association have been revoked; and

(2) A fee of $200 for reinstatement.

2. When the Secretary of State reinstates the professional association , ~~[to its former rights,]~~ he shall [:

~~(a) Immediately issue and deliver to the association a certificate of reinstatement authorizing it to transact business, as if the fees had been paid when due; and~~

~~(b) Upon demand,]~~ issue to the professional association a ~~[certified copy of the]~~ certificate of reinstatement ~~[.]~~ if the professional association:

(a) Requests a certificate of reinstatement; and

(b) Pays the required fees pursuant to subsection 8 of NRS 78.785.”.

3. The Secretary of State shall not order a reinstatement unless all delinquent fees and penalties have been paid, and the revocation of the professional association’s articles of association occurred only by reason of its failure to pay the fees and penalties.

4. If the articles of association of a professional association have been revoked pursuant to the provisions of this chapter and have remained revoked for 10 consecutive years, the articles must not be reinstated.”.

Amend sec. 126, page 70, by deleting lines 9 through 15 and inserting:

“3. If the provisions of the form prescribed by the Secretary of State conflict with the provisions of any document that is filed with the form:

(a) The Secretary of State may determine whether to file or reject the document based on the information on the prescribed form; and

(b) Unless otherwise provided in the document, the provisions of the document control in any other situation.”.

Assemblyman Anderson moved the adoption of the amendment.

Remarks by Assemblyman Anderson.

Amendment adopted.

Bill ordered reprinted, engrossed, and to third reading.

REPORTS OF COMMITTEES

Mr. Speaker:

Your Committee on Health and Human Services, to which were referred Assembly Bills
Nos. 323, 395, 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 Health and Human Services, to which was referred Assembly Bill No. 504, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended, and re-refer to the Committee on
Ways and Means.

Ellen Koivisto, Chairman

MOTIONS, RESOLUTIONS AND NOTICES

Assemblywoman Buckley moved that Assembly Bills Nos. 323, 395, and 504 be placed on the Second Reading File.

Motion carried.

SECOND READING AND AMENDMENT

Assembly Bill No. 323.

Bill read second time.

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

Amendment No. 248.

Amend the bill as a whole by deleting sections 1 and 2 and renumbering sections 3 through 9 as sections 1 through 7.

Amend sec. 3, page 2, by deleting lines 10 through 24 and inserting:

“1. The Board shall establish minimum continuing education requirements concerning the care of persons with any form of dementia, including, without limitation, dementia caused by Alzheimer’s disease, for each person who is:

(a) Employed by a facility for skilled nursing, facility for intermediate care or residential facility for groups which provides care to persons with any form of dementia; and

(b) Licensed or certified by an occupational licensing board.

2. In establishing continuing education requirements pursuant to subsection 1, the Board shall consider any other educational requirements imposed on such employees to ensure that the continuing education requirements established by the Board do not duplicate or conflict with the existing educational requirements imposed on those employees.

3. The administrator of a facility for skilled nursing, facility for intermediate care or residential facility for groups which provides care to persons with any form of dementia, including, without limitation, dementia caused by Alzheimer’s disease, shall ensure that each employee of the facility who is required to comply with the requirements for continuing education established by the Board pursuant to this section complies with such requirements.”.

Amend sec. 4, page 2, line 27, by deleting “3” and inserting “1”.

Amend sec. 5, page 2, line 43, by deleting “3” and inserting “1”.

Amend sec. 5, page 3, line 3, by deleting “3” and inserting “1”.

Amend sec. 6, page 3, line 43, by deleting “3” and inserting “1”.

Amend sec. 6, page 4, line 25, by deleting “3” and inserting “1”.

Amend sec. 7, page 5, line 5, by deleting “3” and inserting “1”.

Amend sec. 8, page 5, line 23, by deleting “3” and inserting “1”.

Amend sec. 9, page 5, line 35, by deleting “3” and inserting “1”.

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

“Sec. 8. 1. The Department of Human Resources shall develop a plan for increasing the number of beds in this state that are used to provide long-term care to persons with any form of dementia, including, without limitation, dementia caused by Alzheimer’s disease. The plan must include various methods for increasing the number of such beds, including, without limitation:

(a) Changing the rate at which Medicaid reimburses facilities for providing long-term care to persons with any form of dementia;

(b) The use of financial policies and incentives to encourage and facilitate the development and creation of such beds; and

(c) The use or modification of existing public and private facilities in this state for providing long-term care to persons with any form of dementia.

2. The Department of Human Resources shall submit the plan to the Interim Finance Committee and the Legislative Committee on Health Care on or before June 30, 2004.”.

Amend sec. 11, page 6, line 8, by deleting “7” and inserting “5”.

Amend sec. 11, page 6, line 19, by deleting “8” and inserting “6”.

Amend the title of the bill to read as follows:

“AN ACT relating to health care; requiring certain employees of facilities for long-term care to receive education in the care of persons with dementia; requiring the Department of Human Resources to develop a plan for increasing the number of beds in this state that are used to provide long-term care to persons with dementia; and providing other matters properly relating thereto.”.

Assemblywoman Koivisto moved the adoption of the amendment.

Remarks by Assemblywoman Koivisto.

Amendment adopted.

Bill ordered reprinted, engrossed, and to third reading.

Assembly Bill No. 395.

Bill read second time.

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

Amendment No. 245.

Amend sec. 3, page 1, by deleting lines 9 through 11 and inserting: “ascribed to it in NRS 449.0038, but does not include:

1. A facility which meets the requirements of a general or any other special hospital pursuant to chapter 449 of NRS; or

2. A facility for intermediate care which limits its care and treatment to those persons who are mentally retarded or who have conditions related to mental retardation.”.

Amend sec. 8, page 3, by deleting lines 2 through 14 and inserting: “to Increase the Quality of Nursing Care, and must be expended, to the extent authorized by federal law, to obtain federal financial participation in the Medicaid Program, and in the manner set forth in subsection 4.

4. Expenditures from the Fund to Increase the Quality of Nursing Care must be used only:

(a) To increase the rates paid to nursing facilities for providing services pursuant to the Medicaid Program and may not be used to replace existing state expenditures paid to nursing facilities for providing services pursuant to the Medicaid Program; and

(b) To administer the provisions of sections 2 to 9, inclusive, of this act. The amount expended pursuant to this paragraph must not exceed 1 percent of the money received from the fees assessed pursuant to sections 2 to 9, inclusive, of this act, and must not exceed the amount authorized for expenditure by the Legislature for administrative expenses in a fiscal year.”.

Amend the title of the bill, by deleting the second line and inserting: “fee on certain facilities for intermediate care and on facilities for”.

Amend the summary of the bill to read as follows:

“SUMMARY―Provides for assessment of fee on certain facilities for intermediate care and on facilities for skilled nursing. (BDR 38‑999)”.

Assemblywoman Koivisto moved the adoption of the amendment.

Remarks by Assemblywoman Koivisto.

Amendment adopted.

Bill ordered reprinted, engrossed, and to third reading.

Assembly Bill No. 504.

Bill read second time.

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

Amendment No. 316.

Amend section 1, pages 1 and 2, by deleting lines 3 through 11 on page 1 and lines 1 through 14 on page 2, and inserting:

“1. The Director shall apply to the Federal Government for a Medicaid waiver to extend coverage for prescription drugs and pharmaceutical services to persons 65 years of age or older who are eligible for Medicare, who are not eligible for Medicaid and whose incomes are not more than
200 percent of the federally designated level signifying poverty. The Director may apply to the Federal Government for a Medicaid waiver to extend coverage for prescription drugs and pharmaceutical services to persons with disabilities who are eligible for Medicare, who are not eligible for Medicaid and whose incomes are not more than 200 percent of the federally designated level signifying poverty.

2. The Director shall fully cooperate in good faith with the Federal Government during the application process to satisfy the requirements of the Federal Government for obtaining a Medicaid waiver pursuant to this section, including, without limitation:

(a) Providing any necessary information requested by the Federal Government in a timely manner;

(b) Responding promptly and thoroughly to any questions or concerns of the Federal Government concerning the application; and

(c) Working with the Federal Government to amend any necessary provisions of the application to satisfy the requirements for approval of the application.

3. If the Federal Government approves a Medicaid waiver which the Director was required to apply for pursuant to subsection 1, the Director, through the Division of Health Care Financing and Policy, shall amend the State Plan for Medicaid to establish a program in accordance with the waiver. The Director may, to the extent authorized by the Federal Government, include in the program persons with disabilities.

4. The Director may:

(a) Administer a program established pursuant to this section through the Division of Health Care Financing and Policy; or

(b) Hire a pharmacy benefits manager by contract to administer a program established pursuant to this section.

5. Not more than 8 percent of the money received by the Department to implement a program established pursuant to this section may be used for administrative expenses or other indirect costs.

6. The Director shall submit a quarterly report concerning a program established pursuant to this section to the Interim Finance Committee and the Legislative Committee on Health Care.

7. As used in this section, “Medicare” has the meaning ascribed to it in NRS 439B.130.”.

Amend sec. 5, page 4, line 26, by deleting “the” and inserting “any”.

Amend sec. 5, page 4, line 32, by deleting “the” and inserting “any”.

Amend sec. 5, page 4, line 36, by deleting “the” and inserting “any”.

Amend sec. 5, page 6, line 27, by deleting “the” and inserting “any”.

Amend the title of the bill, second line, after “Resources” by inserting: “to apply to the Federal Government”.

Amend the summary of the bill to read as follows:

“SUMMARY—Requires Department of Human Resources to apply to Federal Government to establish program to extend coverage for prescription drugs and pharmaceutical services to certain persons under certain circumstances. (BDR 38‑1207)”.

Assemblywoman Koivisto moved the adoption of the amendment.

Remarks by Assemblywoman Koivisto.

Amendment adopted.

Assemblywoman Koivisto moved that upon return from the printer Assembly Bill No. 504 be re-referred to the Committee on Ways and Means.

Motion carried.

Bill ordered reprinted, engrossed, and to third reading.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblywoman Koivisto moved that Assembly Bill No. 349 be taken from the General File and placed on the General File for the next legislative day.

Motion carried.

Assemblywoman Giunchigliani moved that Assembly Bill No. 293 be taken from the General and placed on the Chief Clerk's desk.

Motion carried.

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

Assembly in recess at 11:29 a.m.

ASSEMBLY IN SESSION

At 11:35 a.m.

Mr. Speaker pro Tempore presiding.

Quorum present.

general file and third reading

Assembly Bill No. 2.

Bill read third time.

Remarks by Assemblyman Oceguera.

Roll call on Assembly Bill No. 2:

Yeas—40.

Nays—None.

Excused—Gibbons, Ohrenschall—2.

Assembly Bill No. 2 having received a constitutional majority,
Mr. Speaker pro Tempore declared it passed, as amended.

Bill ordered transmitted to the Senate.

Assembly Bill No. 23.

Bill read third time.

Remarks by Assemblyman Manendo.

Roll call on Assembly Bill No. 23:

Yeas—36.

Nays—Andonov, Carpenter, Claborn—3.

Not Voting—Gustavson.

Excused—Gibbons, Ohrenschall—2.

Assembly Bill No. 23 having received a constitutional majority,
Mr. Speaker pro Tempore declared it passed, as amended.

Bill ordered transmitted to the Senate.

Assembly Bill No. 56.

Bill read third time.

Remarks by Assemblyman Anderson.

Roll call on Assembly Bill No. 56:

Yeas—40.

Nays—None.

Excused—Gibbons, Ohrenschall—2.

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

Bill ordered transmitted to the Senate.

Assembly Bill No. 84.

Bill read third time.

Remarks by Assemblyman Atkinson.

Roll call on Assembly Bill No. 84:

Yeas—36.

Nays—Geddes, Goicoechea, Griffin, Parks—4.

Excused—Gibbons, Ohrenschall—2.

Assembly Bill No. 84 having received a constitutional majority,
Mr. Speaker pro Tempore declared it passed, as amended.

Bill ordered transmitted to the Senate.

Assembly Bill No. 230.

Bill read third time.

Remarks by Assemblywoman Buckley.

Roll call on Assembly Bill No. 230:

Yeas—40.

Nays—None.

Excused—Gibbons, Ohrenschall—2.

Assembly Bill No. 230 having received a constitutional majority,
Mr. Speaker pro Tempore declared it passed, as amended.

Bill ordered transmitted to the Senate.

Assembly Bill No. 250.

Bill read third time.

Remarks by Assemblymen Perkins, Brown, Horne, and Carpenter.

Assemblywoman Buckley requested that the following remarks be entered in the Journal.

Assemblyman Perkins:

Thank you, Mr. Speaker pro Tempore. Assembly Bill 250 sets forth legislative findings and declarations concerning terrorist events and the intent of the Legislature to strengthen the State’s laws to provide protection from acts of terrorism while protecting the Constitutional rights of its residents. The bill provides that any person who commits a felony with the intent to cause, aid, further, or conceal an act of terrorism must be punished by a prison term equal to, and in addition to, the term for the underlying crime. If such a felony results in death or substantial bodily harm, in lieu of additional term of imprisonment, the felony is deemed to be a category A felony punishable by life in prison, with or without the possibility of parole, for a definite term of 50 years. The bill also provides that a first-degree murder includes murder committed in perpetration, or attempted perpetration, of an act of terrorism. It further specifies that knowingly, or intentionally committing, or concealing an act of terrorism, assisting another person to commit an act of terrorism, or providing material support to commit an act of terrorism, or to aid a terrorist, is a category A felony. It expands existing prohibitions concerning the development and possession of biological agents and other toxins to include other lethal chemical or radioactive agents. Finally, Mr. Speaker pro Tempore, the bill requires resort hotels adopt and maintain emergency response plans that must be filed with local fire departments, law enforcement agencies, and the Division of Emergency Management of the Department of
Public Safety.

There has been a lot of discussion about this bill and similar bills in the Legislature. A few concerns have been raised. I want to let the Body know what this bill does not do. The bill does not take away your civil rights. In fact, this Legislature could not do that any more than it could with any other bill. It reminded me a little of when we first passed the stalking statute in our state. Stalking, as defined, is when a person, who without lawful authority, willfully or maliciously engages in a course of conduct that would cause a reasonable person to feel terrorized, frightened, intimidated, or harassed, and that actually causes a person to feel terrorized, frightened, intimidated, or harassed. We debated that at great length, because the crime of stalking was in the thought of the person being stalked. The concern was this was going to be overused by the criminal justice system and how we would really define the crime of stalking. I would submit to you that it has been used very well and it has, in my estimation, kept a number of violent crimes from occurring.

This bill also does not affect civil disobedience. If you recall, yesterday we amended
Section 7 to reinforce that concept. While I don’t condone breaking the law in any fashion, I believe it is not only all right, but our duty, to question our government. Those who do this through civil disobedience are not terrorists. It doesn’t make terrorists out of street gangs. We had law enforcement confirmation of that during the testimony in the Committee on Judiciary. Why do we need this bill? Our post-9/11 world is different. It is not our fault, rather the fault of those who did the unthinkable.

I have had the privilege of serving on the NCSL Task Force for the Protection of Democracy for the last year and a half. I have visited with many of our colleagues from across the country. Nevada Legislature’s meeting every other year has had the benefit of watching other states have this same debate and craft their antiterror laws. We have actually borrowed some of the best and most careful language that they have used in those states. In fact, if you look at Section 1 of the bill, a lot of the Constitutional rights and civil rights protection we borrowed from the state of Washington. Having participated in the Las Vegas Valley’s response on 9/11, I can tell you that we are as safe a place as there is in the world, but we cannot afford any slippage. You should all have a copy on your desk of the Wall Street Journal, from a few weeks ago, that talks about how those who are planning their summer vacations are fashioning them to be in a place they feel is safe. If they don’t think Nevada is going to be a safe place, then they won’t choose to come to Nevada. You all know what kind of effect that would have on our economy. We also know that Las Vegas is a particularly high-profile target, as safe as it is. There is another article that talks about a terrorist cell whose members were arrested in Detroit who had initially planned on striking the Las Vegas area.

Mr. Speaker pro Tempore, some have said we are taking away the civil rights of our citizens. As I have mentioned before, nothing we can do in the Legislature can take away the civil rights of the citizens of our state that are guaranteed to us by the Constitution of the United States and guaranteed to us by the Constitution of the State of Nevada. The United States Constitutional Bill of Rights was extended to the states when the Fourteenth Amendment was ratified in 1868, and rightfully so.

Over 19 years ago I took my first oath to support, protect, and uphold the Constitution of the United States and the Constitution of the State of Nevada, when I first started my law enforcement career. I have repeated that oath six times in these Chambers. I believe that I am faithful to that oath in supporting this bill. The Constitution is not an obstacle in our pathway in this Legislature. The Constitution is our pathway. As I finish, I offer my thanks to our colleague from southern Nevada and his staff, who worked diligently to address concerns in the bill and putting together amendments, to craft what I feel is a good bill. Thank you.

Assemblyman Brown:

Thank you, Mr. Speaker pro Tempore. I rise in support of Assembly Bill 250. This concept was something that I started looking at, probably as everyone else in this room did, prior to the session. I started looking at some of the language that was out there and, in committee, I felt the center of this universe was the definition of an act of terrorism. It was critical. My position was the state of Nevada cannot get this wrong. It has to get the language right. We were looking at some other patterns of other states, which, frankly, I felt had not gotten it right. I think, looking at the definition that now exists in A.B. 250, we got it right. I am greatly encouraged and I was pleased with the work that Chairman Anderson and the Committee on Judiciary put into this, as well as the Speaker. I fully support the bill as it is. The civil rights that are so important to us, I believe, are maintained in this bill and so it has my support. Thank you.

Assemblyman Horne:

Thank you, Mr. Speaker pro Tempore. I rise in support of A.B. 250. A number of you have come to me and asked me if I were comfortable with these amendments and with this bill in its present form. I tell you that I am. As many of you know, I was given the privilege, by the Chairman of Judiciary and the Speaker, to work on this bill. Their explicit instructions were to make sure that the protections that everyone was concerned about were addressed in this bill, and that we didn’t trample on civil rights. I believe that we accomplished that in the Committee on Judiciary and I urge your support.

Assemblyman Carpenter:

Thank you, Mr. Speaker pro Tempore. I rise in support of A.B. 250. I think that we are all concerned about our civil rights and our right to demonstrate. With the amendments that have been put into this bill, my right, and the right of anyone else who wants to go with me, to go to Jarbidge again, will be able to do that. Thank you.

Roll call on Assembly Bill No. 250:

Yeas—40.

Nays—None.

Excused—Gibbons, Ohrenschall—2.

Assembly Bill No. 250 having received a constitutional majority,
Mr. Speaker pro Tempore declared it passed, as amended.

Bill ordered transmitted to the Senate.

Assembly Bill No. 258.

Bill read third time.

The following amendment was proposed by Assemblywoman Giunchigliani:

Amendment No. 289.

Amend the bill as a whole by deleting sections 1 through 25 and the text of repealed sections and adding new sections designated sections 1 through 7 and the text of repealed sections, following the enacting clause, to read as follows:

“Section 1. Chapter 644 of NRS is hereby amended by adding thereto a new section to read as follows:

1. A barber who engages in the practice of barbering in a cosmetological establishment shall display his license in plain view of the public at the position where he performs his work.

2. The provisions of chapter 643 of NRS, except the provisions relating to the licensing of a barber, do not apply to a cosmetological establishment in which a barber engages in the practice of barbering pursuant to this section.

3. As used in this section, “practice of barbering” has the meaning ascribed to it in NRS 643.010.

Sec. 2. NRS 644.023 is hereby amended to read as follows:

644.023 “Cosmetologist” means a person who engages in the practices of:

1. Cleansing, stimulating or massaging the scalp or cleansing or beautifying the hair by the use of cosmetic preparations, antiseptics, tonics, lotions or creams. The term does not include a person whose tasks are solely limited to:

(a) Cleansing, stimulating or massaging the scalp of a customer with shampoo, conditioner or lotion;

(b) Removing foils or rollers from the hair of a customer; and

(c) Rinsing the hair of a customer.

2. Cutting, trimming or shaping the hair.

3. Arranging, dressing, curling, waving, cleansing, singeing, bleaching, tinting, coloring or straightening the hair of any person with the hands, mechanical or electrical apparatus or appliances, or by other means, or similar work incident to or necessary for the proper carrying on of the practice or occupation provided by the terms of this chapter.

4. Removing superfluous hair from the surface of the body of any person by the use of electrolysis where the growth is a blemish, or by the use of depilatories, waxing or tweezers, except for the permanent removal of hair with needles.

5. Manicuring the nails of any person.

6. Beautifying, massaging, stimulating or cleansing the skin of the human body by the use of cosmetic preparations, antiseptics, tonics, lotions, creams or any device, electrical or otherwise, for the care of the skin.

7. Giving facials or skin care or applying cosmetics or eyelashes to any person.

Sec. 3. NRS 644.193 is hereby amended to read as follows:

644.193 1. The Board may grant a provisional license as an instructor to a person who:

(a) Has successfully completed the 12th grade in school or its equivalent and submits written verification of the completion of his education;

(b) Has practiced as a full-time licensed cosmetologist, aesthetician or manicurist for ~~[3 years]~~ 1 year and submits written verification of his experience;

(d) Applies for a provisional license on a form supplied by the Board;

(e) Submits two current photographs of himself; and

(f) Has paid the fee established pursuant to subsection 2.

2. The Board shall establish and collect a fee of not less than $25 nor more than $40 for the issuance of a provisional license as an instructor.

3. A person issued a provisional license pursuant to this section may act as an instructor for compensation while accumulating the number of hours of training required for an instructor’s license.

4. A provisional license as an instructor expires upon accumulation by the licensee of the number of hours of training required for an instructor’s license. The Board may grant an extension of not more than 45 days to those provisional licensees who have applied to the Board for examination as instructors and are awaiting examination.

Sec. 4. NRS 644.360 is hereby amended to read as follows:

644.360 1. Every holder of a license issued by the Board to operate a cosmetological establishment shall display the license in plain view of members of the general public in the principal office or place of business of the holder.

2. The operator of a cosmetological establishment shall lease space to or employ only licensed manicurists, electrologists, aestheticians, hair designers, demonstrators of cosmetics and cosmetologists at his establishment to provide cosmetological services. This subsection does not prohibit an operator of a cosmetological establishment from leasing space to or employing a barber.

Sec. 5. NRS 644.375 is hereby amended to read as follows:

644.375 ~~[Any food]~~ Food or beverages ~~[that are sold]~~ for immediate consumption may be sold in a cosmetological establishment . ~~[must be sold in an area of the cosmetological establishment which is sufficiently separated from the area of the cosmetological establishment where cosmetological services are provided.]~~

Sec. 6. NRS 644.400 is hereby amended to read as follows:

644.400 1. A school of cosmetology must at all times be under the immediate supervision of a licensed instructor who has had practical experience of at least 1 year in the practice of a majority of the branches of cosmetology in an established place of business.

2. A school of cosmetology shall:

(a) Maintain a school term of not less than 1,800 hours extending over a period of not ~~[less than 10 months nor]~~ more than ~~[24]~~ 36 months, and maintain a course of practical training and technical instruction equal to the requirements for examination for a license as a cosmetologist.

(b) Maintain apparatus and equipment sufficient to teach all the subjects of its curriculum.

(c) Keep a daily record of the attendance of each student, a record devoted to the different practices, establish grades and hold examinations before issuing diplomas. These records must be submitted to the Board pursuant to its regulations.

(d) Include in its curriculum a course of deportment consisting of instruction in courtesy, neatness and professional attitude in meeting the public.

(e) Arrange the courses devoted to each branch or practice of cosmetology as the Board may from time to time adopt as the course to be followed by the schools.

(f) Not allow any student to perform services on the public for more than 7 hours in any day . ~~[nor for more than 5 days out of every 7.]~~

(g) Conduct at least 5 hours of instruction in theory in each 40-hour week or 6 hours of instruction in theory in each 48-hour week, which must be attended by all registered students.

(h) Require that all work by students be done on the basis of rotation.

Sec. 7. NRS 644.425 and 644.477 are hereby repealed.

TEXT OF REPEALED SECTIONS

644.425 Temporary educational permit; unlawful acts.

1. The Board may grant a temporary educational permit authorizing a current licensee within the scope of his license to conduct demonstrations and exhibitions, temporarily and primarily for educational purposes, of techniques for the benefit and instruction of cosmetologists, hair designers, aestheticians, electrologists and manicurists licensed pursuant to this chapter, and electrologists’ apprentices, cosmetologists’ apprentices and students enrolled in licensed schools of cosmetology.

2. The permit must specify the purpose for which it is granted, the period during which the person is permitted to conduct the demonstrations and exhibitions, which may not exceed 10 days, and the time and place of exercising the privilege granted by the permit.

3. A person may be granted a temporary educational permit only if he:

(a) Applies to the Board for the permit;

(b) Demonstrates to the satisfaction of the Board that the permit is sought primarily for educational purposes; and

Except for schools licensed pursuant to this chapter, an application for a permit must be submitted at least 10 days before the date of the demonstration or exhibit.

4. It is unlawful:

(a) For any person to conduct a demonstration or exhibition without a permit.

(b) For any person who is granted a permit to allow persons other than cosmetologists, hair designers, aestheticians, electrologists and manicurists licensed pursuant to this chapter, and electrologists’ apprentices, cosmetologists’ apprentices and students enrolled in licensed schools of cosmetology to attend any demonstration or exhibition made or given by him.

644.477 Unlawful to practice any other profession in cosmetological establishment. It is unlawful for the operator of a cosmetological establishment to practice or allow the practice of any profession other than cosmetology in that establishment.”.

Amend the title of the bill to read as follows:

“AN ACT relating to cosmetology; requiring a barber who engages in the practice of barbering in a cosmetological establishment to display his license in plain view of the public at the position where he performs his work; revising the definition of the term “cosmetologist” for the purpose of licensing the practice of cosmetology; revising the requirements for the issuance of a provisional license as an instructor; revising the requirements governing the hours of work of a student in a school of cosmetology; and providing other matters properly relating thereto.”.

Assemblywoman Giunchigliani moved the adoption of the amendment.

Remarks by Assemblywoman Giunchigliani.

Amendment adopted.

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

Assembly Bill No. 288.

Bill read third time.

Remarks by Assemblyman Oceguera.

Roll call on Assembly Bill No. 288:

Yeas—40.

Nays—None.

Excused—Gibbons, Ohrenschall—2.

Assembly Bill No. 288 having received a constitutional majority,
Mr. Speaker pro Tempore declared it passed, as amended.

Bill ordered transmitted to the Senate.

Assembly Bill No. 301.

Bill read third time.

Remarks by Assemblyman Carpenter.

Roll call on Assembly Bill No. 301:

Yeas—39.

Nays—Horne.

Excused—Gibbons, Ohrenschall—2.

Assembly Bill No. 301 having received a constitutional majority,
Mr. Speaker pro Tempore declared it passed, as amended.

Bill ordered transmitted to the Senate.

Assembly Bill No. 365.

Bill read third time.

Remarks by Assemblywoman Buckley.

Roll call on Assembly Bill No. 365:

Yeas—40.

Nays—None.

Excused—Gibbons, Ohrenschall—2.

Assembly Bill No. 365 having received a constitutional majority,
Mr. Speaker pro Tempore declared it passed, as amended.

Bill ordered transmitted to the Senate.

Assembly Bill No. 388.

Bill read third time.

Remarks by Assemblywoman Koivisto.

Roll call on Assembly Bill No. 388:

Yeas—40.

Nays—None.

Excused—Gibbons, Ohrenschall—2.

Assembly Bill No. 388 having received a constitutional majority,
Mr. Speaker pro Tempore declared it passed, as amended.

Bill ordered transmitted to the Senate.

Assembly Bill No. 433.

Bill read third time.

Remarks by Assemblyman Brown.

Roll call on Assembly Bill No. 433:

Yeas—40.

Nays—None.

Excused—Gibbons, Ohrenschall—2.

Assembly Bill No. 433 having received a constitutional majority,
Mr. Speaker pro Tempore declared it passed.

Bill ordered transmitted to the Senate.

Assembly Bill No. 451.

Bill read third time.

The following amendment was proposed by Assemblyman Hettrick:

Amendment No. 449.

Amend section 1, page 2, by deleting lines 26 through 28 and inserting: “person specified in paragraph (a) of subsection 1 demonstrates that he has”.

Assemblyman Hettrick moved the adoption of the amendment.

Remarks by Assemblymen Hettrick and Oceguera.

Assemblywoman Buckley requested that the following remarks be entered in the Journal.

Assemblyman Hettrick:

Thank you, Mr. Speaker pro Tempore. Assembly Bill 451 intends to expand or confirm cancer coverage for firefighters in the state of Nevada. I do not have a problem with the attempt to do that. The purpose of this amendment is to add volunteer firefighters to that coverage. It appears to me that if we expand this coverage to people who are willing to risk their lives to fight fires, it should apply to those who do that exact same thing and do it for free. In my county this is of particular concern because the bulk of our entire fighting force are volunteers. They risk their lives, their incomes, and their futures, daily, fighting fires for us. I believe this is a fairness issue and I believe it is appropriate that we should expand this coverage.

Assemblyman Oceguera:

Thank you, Mr. Speaker pro Tempore. I rise in opposition to Amendment 449, not because I don’t support our volunteer firefighters; I certainly do. My colleague from Douglas County is absolutely correct regarding the job they do. There are a couple of differences though. One is that they don’t have the physical examinations that we are required to have annually, which allows the early discovery of the problems that we are discussing in this bill, enabling an earlier start of treatment. The existing statute already covers volunteer firefighters in NRS 617.453.
I would also like to point out to the membership most paid departments have a policy that you cannot use tobacco products, on or off the job. Wellness and fitness programs are also offered. Lastly, there is a decreased risk of exposure. I run about 14,000 calls a year, and some volunteers run about 200. The risk is lower.

Amendment lost on a division of the House.

Remarks by Assemblymen Oceguera, Hettrick, Buckley, Knecht, Goldwater, and Perkins.

Assemblywoman Buckley requested that the following remarks be entered in the Journal.

Assemblyman Oceguera:

Thank you, Mr. Speaker pro Tempore. Assembly Bill 451 is attempting to clarify the provisions regarding cancers and occupational disease for firemen by outlining specific types of cancer for which a full-time salaried fireman, having demonstrated that he was exposed to certain carcinogens while in the course of employment, may receive industrial insurance benefits. This bill does not create a presumptive conclusion. I urge your support.

Assemblyman Hettrick:

Thank you, Mr. Speaker pro Tempore. I rise to inform the Body, that while I don’t disagree with the intent of this bill, it doesn’t cover the volunteers. I voted no in committee and I will vote no again here.

Assemblywoman Buckley:

Thank you, Mr. Speaker pro Tempore. I rise in support of Assembly Bill 451. The testimony on this Bill was very persuasive. We have firefighters who put their lives on the line to protect all of us, and are exposed to dangerous chemicals, which cause these very specific cancers. It was very distressing to learn in committee that in some very egregious cases firefighters are dying of cancer due to their exposure to these chemicals and that some of the insurance companies and self-insured companies go shopping for opinions so that they can deny the claim. We heard testimony from a physician saying he had reviewed a file where it was very clear that the cancer was caused by chemicals and had recommended payment, but the claim was denied. It is hard to fathom that such a system is allowed to proceed. While I certainly would like to see this expanded to volunteers, and perhaps our Minority Leader can bring such a bill forward next session, it was determined that the fiscal note would have killed the protections for our paid
firefighters this session. I listened to the firefighter who testified in favor of this bill, and who had lost his hair due to his treatment and probably will not be around to see next session, and when I saw what he has gone through because he put his life on the line for us, it made it clear to me that this was a great bill to support.

Assemblyman Knecht:

Thank you, Mr. Speaker pro Tempore. I rise to announce, as I did in committee, I will vote no on this bill for its failure to cover the volunteers. I agree that otherwise it is a great bill. Thank you, Mr. Speaker pro Tempore.

Assemblyman Goldwater:

Thank you, Mr. Speaker pro Tempore. I rise in strong support of A.B. 451 and would like to associate myself with the remarks of the Majority Leader. Testimony on this bill was shocking. It was shocking because we are dealing with a Workers’ Compensation System that is intended to be a no-fault system, which covers people and indemnifies them because of their losses on the job. It has turned into a system of “cat and mouse,” where claims are denied and claimants have to fight a war of attrition, and maybe, if they make it in the end, they get covered, but not without the expense of their own time and money and a lot of frustration. It is worthwhile also, as Chair of the Committee, to commend the sponsor of this provision, the Assemblyman from
Clark County, in his passionate, thorough, and worthwhile presentation of this bill. I urge this Body to consider it.

Assemblyman Perkins:

Thank you, Mr. Speaker pro Tempore. I too rise in support of A.B. 451. There are a handful of our citizens that we ask to place themselves in harm’s way in order to provide us security and public safety. They place themselves in a position where they are exposed to carcinogens and other types of harmful situations, for us to feel as safe in our societies as we do. The worst part about this bill is that it already is the law. Our colleague from Clark County had to bring this bill to further identify and define the law because there were entities not following the law. By not following the law, the entities are breaking that covenant that they had with those public safety employees, that they would have taken care of if exposed. That is why this bill had to be brought forward. Can you imagine what would have happened if, in New York City, after the collapse of the World Trade Center towers, that city had broken its covenant with all of its public safety officers? What if they had said instead, “We are not covering you. We are not taking care of you.” It is abhorrent. I cannot believe we would even have to deal with a law like this. I understand the Minority Leader’s position. At some point we would perhaps like to cover all volunteers as well. We don’t want to create a situation where we don’t have proper coverage, but as the member from Clark County said, they are covered in other ways. I am perplexed, however, that we generally don’t vote against a bill because of something it doesn’t do. Oftentimes we have to take baby steps in how we approach the laws and how we get changes done. We can only get a little bit done each session at a time. There is nothing bad in this bill. There is nothing bad in this bill to vote against. For that, Mr. Speaker pro Tempore, I urge support.

Roll call on Assembly Bill No. 451:

Yeas—38.

Nays—Hettrick, Knecht—2.

Excused—Gibbons, Ohrenschall—2.

Assembly Bill No. 451 having received a constitutional majority,
Mr. Speaker pro Tempore declared it passed, as amended.

Bill ordered transmitted to the Senate.

Assembly Bill No. 497.

Bill read third time.

Remarks by Assemblymen Goldwater and Buckley.

Roll call on Assembly Bill No. 497:

Yeas—39.

Nays—Hardy.

Excused—Gibbons, Ohrenschall—2.

Assembly Bill No. 497 having received a constitutional majority,
Mr. Speaker pro Tempore declared it passed, as amended.

Bill ordered transmitted to the Senate.

Assembly Bill No. 530.

Bill read third time.

Remarks by Assemblyman Parks.

Roll call on Assembly Bill No. 530:

Yeas—40.

Nays—None.

Excused—Gibbons, Ohrenschall—2.

Assembly Bill No. 530 having received a constitutional majority,
Mr. Speaker pro Tempore declared it passed, as amended.

Bill ordered transmitted to the Senate.

Assembly Bill No. 539.

Bill read third time.

Remarks by Assemblyman Grady.

Roll call on Assembly Bill No. 539:

Yeas—40.

Nays—None.

Excused—Gibbons, Ohrenschall—2.

Assembly Bill No. 539 having received a constitutional majority,
Mr. Speaker pro Tempore declared it passed, as amended.

Bill ordered transmitted to the Senate.

Assembly Bill No. 444.

Bill read third time.

Remarks by Assemblymen Carpenter, Giunchigliani, Gustavson, Anderson, Chowning, Collins, and Horne.

Assemblymen Goldwater, Oceguera, and Manendo moved the previous question.

Motion carried.

The question being on the passage of Assembly Bill No. 444.

Roll call on Assembly Bill No. 444:

Yeas—25.

Nays—Anderson, Andonov, Angle, Atkinson, Beers, Brown, Christensen, Giunchigliani, Grady, Griffin, Gustavson, Hettrick, Mabey, Mortenson, Weber—15.

Excused—Gibbons, Ohrenschall—2.

Assembly Bill No. 444 having received a constitutional majority,
Mr. Speaker pro Tempore declared it passed, as amended.

Bill ordered transmitted to the Senate.

Assembly Bill No. 331.

Bill read third time.

Remarks by Assemblyman McCleary.

Roll call on Assembly Bill No. 331:

Yeas—40.

Nays—None.

Excused—Gibbons, Ohrenschall—2.

Assembly Bill No. 331 having received a constitutional majority,
Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

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

Assembly in recess at 12:45 p.m.

ASSEMBLY IN SESSION

At 12:47 p.m.

Mr. Speaker pro Tempore presiding.

Quorum present.

MOTIONS, RESOLUTIONS AND NOTICES

In compliance with a notice given on a previous day,
Assemblyman Anderson moved that the vote whereby Assembly Bill
No. 505 was passed be reconsidered.

Remarks by Assemblyman Anderson.

Motion carried.

Assemblyman Anderson moved that Assembly Bill No. 505 be taken from the General File and placed on the Chief Clerk's desk.

Remarks by Assemblyman Anderson.

Motion carried.

Assemblywoman Giunchigliani moved that Assembly Bill No. 293 be taken from the Chief Clerk's desk and placed on the General File.

Remarks by Assemblywoman Giunchigliani.

Motion carried.

general file and third reading

Assembly Bill No. 293.

Bill read third time.

The following amendment was proposed by Assemblymen Giunchigliani and Mortenson:

Amendment No. 503.

Amend the bill as a whole by renumbering sections 1 and 2 as sections 5 and 6 and adding new sections designated sections 1 through 4, following the enacting clause, to read as follows:

“Section 1. Chapter 293 of NRS is hereby amended by adding thereto a new section to read as follows:

1. For each constitutional amendment or statewide measure proposed by initiative or referendum to be placed on the ballot by the Secretary of State, the Secretary of State shall, pursuant to subsection 4, appoint two committees. Except as otherwise provided in subsection 2, one committee must be composed of three persons who favor approval by the voters of the initiative or referendum and the other committee must be composed of three persons who oppose approval by the voters of the initiative or referendum.

2. If the Secretary of State is unable to appoint three persons who are willing to serve on a committee, he may appoint fewer than three persons to that committee, but he must appoint at least one person to each committee appointed pursuant to this section.

3. With respect to a committee appointed pursuant to this section:

(a) A person may not serve simultaneously on the committee that favors approval by the voters of an initiative or referendum and the committee that opposes approval by the voters of that initiative or referendum.

(b) Members of the committee serve without compensation.

(c) The term of office for each member commences upon appointment and expires upon the publication of the sample ballot containing the initiative or referendum.

4. The Secretary of State shall consider appointing to a committee pursuant to this section:

(a) Any person who has expressed an interest in serving on the committee; and

(b) A person who is a member of an organization that has expressed an interest in having a member of the organization serve on the committee.

5. A committee appointed pursuant to this section:

(a) Shall elect a chairman for the committee;

(b) Shall meet and conduct its affairs as necessary to fulfill the requirements of this section;

(c) May seek and consider comments from the general public;

(d) Shall, based on whether the members were appointed to advocate or oppose approval by the voters of the initiative or referendum, prepare an argument either advocating or opposing approval by the voters of the initiative or referendum;

(e) Shall prepare a rebuttal to the argument prepared by the other committee appointed pursuant to this section; and

(f) Shall submit the argument and rebuttal prepared pursuant to paragraphs (d) and (e) to the Secretary of State not later than the date prescribed by the Secretary of State pursuant to subsection 6.

6. The Secretary of State shall provide, by rule or regulation:

(a) The maximum permissible length of an argument and rebuttal prepared pursuant to this section; and

(b) The date by which an argument and rebuttal prepared pursuant to this section must be submitted by a committee to the Secretary of State.

7. Upon receipt of an argument or rebuttal prepared pursuant to this section, the Secretary of State:

(a) May consult with persons who are generally recognized by a national or statewide organization as having expertise in the field or area to which the initiative or referendum pertains; and

(b) Shall reject each statement in the argument or rebuttal that he believes is libelous or factually inaccurate.

Not later than 5 days after the Secretary of State rejects a statement pursuant to this subsection, the committee that prepared the statement may appeal that rejection to the Attorney General. The Attorney General shall review the statement and the reasons for its rejection and may receive evidence, documentary or testimonial, to aid him in his decision. Not later than
3 business days after the appeal by the committee, the Attorney General shall issue his decision rejecting or accepting the statement. The decision of the Attorney General is a final decision for the purposes of judicial review.

8. The Secretary of State may revise the language submitted by a committee pursuant to this section so that it is clear, concise and suitable for incorporation in the sample ballot, but shall not alter the meaning or effect of the language without the consent of the committee.

Sec. 2. NRS 293.250 is hereby amended to read as follows:

293.250 1. The Secretary of State shall, in a manner consistent with the election laws of this state, prescribe:

(a) The form of all ballots, absent ballots, diagrams, sample ballots, certificates, notices, declarations, applications to register to vote, lists, applications, pollbooks, registers, rosters, statements and abstracts required by the election laws of this state.

(b) The procedure to be followed when a computer is used to register voters and to keep records of registration.

2. The Secretary of State shall prescribe with respect to the matter to be printed on every kind of ballot:

(a) The placement and listing of all offices, candidates and measures upon which voting is statewide, which must be uniform throughout the State.

(b) The listing of all other candidates required to file with him, and the order of listing all offices, candidates and measures upon which voting is not statewide, from which each county or city clerk shall prepare appropriate ballot forms for use in any election in his county.

3. The Secretary of State shall place the condensation of each proposed constitutional amendment or statewide measure near the spaces or devices for indicating the voter’s choice.

4. The fiscal note for , ~~[and]~~ explanation of , arguments for and against, and rebuttals to such arguments of each proposed constitutional amendment or statewide measure ~~[, including arguments for and against it,]~~ must be included on all sample ballots.

5. The condensations and explanations for constitutional amendments and statewide measures proposed by initiative or referendum must be prepared by the Secretary of State, upon consultation with the Attorney General. The arguments and rebuttals for or against constitutional amendments and statewide measures proposed by initiative or referendum must be prepared in the manner set forth in section 1 of this act. The fiscal notes for constitutional amendments and statewide measures proposed by initiative or referendum must be prepared by the Secretary of State, upon consultation with the Fiscal Analysis Division of the Legislative Counsel Bureau. The condensations, explanations , arguments, rebuttals and fiscal notes must be in easily understood language and of reasonable length, and whenever feasible must be completed by August 1 of the year in which the general election is to be held.

6. The names of candidates for township and legislative or special district offices must be printed only on the ballots furnished to voters of that township or district.

7. A county clerk:

(a) May divide paper ballots into two sheets in a manner which provides a clear understanding and grouping of all measures and candidates.

(b) Shall prescribe the color or colors of the ballots and voting receipts used in any election which the clerk is required to conduct.

Sec. 3. NRS 293.253 is hereby amended to read as follows:

293.253 1. The Secretary of State shall provide each county clerk with copies of any proposed constitution, constitutional amendment or statewide measure which will appear on the general election ballot, together with the copies of the condensations, explanations , arguments, rebuttals and fiscal notes prepared pursuant to NRS 218.443 and 293.250 ~~[.]~~ and section 1 of this act.

2. Whenever feasible, he shall provide those copies on or before the first Monday in August of the year in which the proposals will appear on the ballot. Copies of any additional proposals must be provided as soon after their filing as feasible.

3. Each county clerk shall cause a copy of the full text of any such constitution, amendment or measure and its condensation, explanation, ~~[including arguments for and against it,]~~ arguments, rebuttals and fiscal note to be published, in conspicuous display advertising format of not less than
10 column inches, in a newspaper of general circulation in the county three times at intervals of not less than 7 days, the first publication to be on or before the first Monday in October. If no such newspaper is published in the county, the publication may be made in a newspaper of general circulation published in the nearest Nevada county.

4. If a copy is furnished by the Secretary of State too late to be published at 7-day intervals, it must be published three times at the longest intervals feasible in each county.

5. The portion of the cost of publication which is attributable to publishing the questions, explanations , arguments, rebuttals and fiscal notes of proposed constitutions, constitutional amendments or statewide measures is a charge against the State and must be paid from the Reserve for Statutory Contingency Account upon recommendation by the Secretary of State and approval by the State Board of Examiners.

Sec. 4. NRS 293.565 is hereby amended to read as follows:

293.565 1. Except as otherwise provided in subsection 2, sample ballots must include:

(a) The fiscal note, as provided pursuant to NRS 218.443 or 293.250, for each proposed constitutional amendment or statewide measure;

(b) An explanation, as provided pursuant to NRS 218.443 ~~[,]~~ or 293.250, of each proposed constitutional amendment or statewide measure ~~[, including arguments]~~ ;

(c) Arguments for and against ~~[it; and~~

~~(c)]~~ each proposed constitutional amendment or statewide measure and rebuttals to each argument, as provided pursuant to NRS 218.443 or
section 1 of this act; and

(d) The full text of each proposed constitutional amendment.

2. Sample ballots that are mailed to registered voters may be printed without the full text of each proposed constitutional amendment if:

(a) The cost of printing the sample ballots would be significantly reduced if the full text of each proposed constitutional amendment were not included;

(b) The county clerk ensures that a sample ballot that includes the full text of each proposed constitutional amendment is provided at no charge to each registered voter who requests such a sample ballot; and

3. At least 10 days before any election, the county clerk shall cause to be mailed to each registered voter in the county a sample ballot for his precinct with a notice informing the voter of the location of his polling place. If the location of the polling place has changed since the last election:

(a) The county clerk shall mail a notice of the change to each registered voter in the county not sooner than 10 days before mailing the sample ballots; or

(b) The sample ballot must also include a notice in bold type immediately above the location which states:

NOTICE: THE LOCATION OF YOUR POLLING PLACE

HAS CHANGED SINCE THE LAST ELECTION

4. Except as otherwise provided in subsection 5, a sample ballot required to be mailed pursuant to this section must:

(a) Be printed in at least 12-point type; and

(b) Include on the front page, in a separate box created by bold lines, a notice printed in at least 20-point bold type that states:

NOTICE: TO RECEIVE A SAMPLE BALLOT IN

LARGE TYPE, CALL (Insert appropriate telephone number)

5. A portion of a sample ballot that contains a facsimile of the display area of a voting device may include material in less than 12-point type to the extent necessary to make the facsimile fit on the pages of the sample ballot.

6. The sample ballot mailed to a person who requests a sample ballot in large type by exercising the option provided pursuant to NRS 293.508, or in any other manner, must be printed in at least 14-point type, or larger when practicable.

7. If a person requests a sample ballot in large type, the county clerk shall ensure that all future sample ballots mailed to that person from the county are in large type.

8. The county clerk shall include in each sample ballot a statement indicating that the county clerk will, upon request of a voter who is elderly or disabled, make reasonable accommodations to allow the voter to vote at his polling place and provide reasonable assistance to the voter in casting his vote, including, without limitation, providing appropriate materials to assist the voter.

9. The cost of mailing sample ballots for any election other than a primary or general election must be borne by the political subdivision holding the election.”.

Amend the bill as a whole by adding a new section designated sec. 7, following sec 2, to read as follows:

“Sec. 7. NRS 218.443 is hereby amended to read as follows:

218.443 1. As used in this section, “first committee of reference” means the committee to which a bill or joint resolution was first referred in the house of the Legislature into which it was introduced.

2. Upon request from the first committee of reference, the Legal, Research and Fiscal Analysis Divisions of the Legislative Counsel Bureau shall prepare, for any proposed constitutional amendment or statewide measure which, if approved by the Legislature, would be submitted to a vote of the people:

(a) A condensation of the proposal into a question to be placed on the ballot;

(b) An explanation of the proposal, including arguments for and against ~~[it; and]~~ the proposal;

(c) If the Legislature rejects a statewide measure proposed by initiative, proposes a different measure on the same subject which the Governor approves and includes the measure on the ballot with the statewide measure proposed by initiative, rebuttals to each argument for and against the proposal; and

(d) A fiscal note for the proposal, including an explanation of any anticipated financial effects on state and local governments.

3. The condensation, explanation , arguments, rebuttals and fiscal note must be of reasonable length and written in easily understood language.

4. After the bill or joint resolution has been approved by both houses of the Legislature, the first committee of reference shall request the preparation of the condensation, explanation , arguments, rebuttals and fiscal note, if it has not already done so, and shall review the draft and approve such changes as it deems necessary.

5. The first committee of reference shall submit the condensation, explanation , arguments, rebuttals and fiscal note, in the form of a simple resolution, to the members of the house in which the proposed constitutional amendment or statewide measure was introduced. After that resolution is approved, it must be entered in the journal in its entirety and the enrolled resolution delivered to the Secretary of State to accompany the bill or joint resolution to which it relates.

6. If the Legislature adjourns before the procedures set forth in subsections 4 and 5 have been completed, the Legislative Commission shall review, revise and approve the condensation, explanation , arguments, rebuttals and fiscal note for delivery to the Secretary of State on or before July 1 of the year in which the general election is to be held.

7. In the case of a joint resolution which proposes a constitutional amendment, the condensation, explanation , arguments, rebuttals and fiscal note must be treated in the same manner when the proposal is before the Legislature for its second approval as when the proposal was first approved.

8. The Legislative Counsel Bureau shall distribute copies of the condensations, explanations , arguments, rebuttals and fiscal notes to members of the Legislature, public libraries, newspapers and broadcasters.”.

Amend the title of the bill, first line, after “elections;” by inserting:

“providing for the appointment of committees to prepare arguments for and against, and rebuttals for, certain statewide ballot questions;”.

Amend the summary of the bill to read as follows:

“SUMMARY—Revises provisions relating to ballot questions and appointment of committees to prepare arguments advocating and opposing certain ballot questions. (BDR 24‑312)”.

Assemblywoman Giunchigliani moved the adoption of the amendment.

Remarks by Assemblywoman Giunchigliani.

Amendment adopted.

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

Assemblywoman Buckley moved that the Assembly recess until 4:45 p.m.

Motion carried.

Assembly in recess at 12:52 p.m.

ASSEMBLY IN SESSION

At 5:12 p.m.

Mr. Speaker pro Tempore presiding.

Quorum present.

Mr. Speaker pro Tempore appointed Assemblymen Giunchigliani and Goicoechea as a committee to invite the Senate to meet in Joint Session with the Assembly to hear an address by United States Representative Jon Porter.

The President of the Senate and members of the Senate appeared before the Bar of the Assembly.

Mr. Speaker pro Tempore invited the President of the Senate to the Speaker’s rostrum.

Mr. Speaker pro Tempore invited the members of the Senate to chairs in the Assembly

IN JOINT SESSION

At 5:21 p.m.

President of the Senate presiding.

The Secretary of the Senate called the Senate roll.

All present except Senators Coffin, Neal, and Townsend, who were excused.

The Chief Clerk of the Assembly called the Assembly roll.

All present except Assemblymen Gibbons, Goldwater, and Ohrenschall, who were excused.

The President of the Senate appointed a Committee on Escort consisting of Senator Tiffany and Assemblyman Griffin to wait upon Representative Porter and escort him to the Assembly Chamber.

The Committee on Escort in company with The Honorable Jon Porter, United States Representative from Nevada, appeared before the Bar of the Assembly.

The Committee on Escort escorted the Representative to the rostrum.

Mr. Speaker pro Tempore welcomed Representative Porter and invited him to deliver his message.

Jon Porter, United States Representative, delivered his message as follows:

Message To The Legislature Of Nevada

SeventY-SECOND Session, 2003

Thank You, Mr. Speaker, Governor Guinn and Mrs. Guinn, Lt. Governor Hunt, Majority Leaders Raggio, and Buckley. Leaders Titus and Hettrick, Secretary of State Heller, Attorney General Sandoval, Treasurer Brian Krolicki, Controller Augustine, Members of the Court, fellow legislators, distinguished guests, my fellow Nevadans, and friends. That was the formal version. Now I would like to introduce you the way I would like, and that is, Governor, it is good to see you; Dean, Brian, Richard, Dina, thank you all very much. It is truly good to be back home. I miss you all. I can remember the last time I was here, sitting out there with you. I was bored to death wishing the speech would be over fast. Now I ask that you bear with me. I promise I won’t take more than a couple of hours.

It’s been 3 months and 13 days since I was sworn in as the first Congressman representing the newly created Third District of Nevada. Even though my office address has shifted a few zip codes, my code of ethics and my work ethics are still the same. The Third District Office belongs to the people of Nevada. It’s your office and my door is always open to you. I encourage you to stop by and meet your staff at my office in Washington. I want to express my appreciation to my colleagues, the other members of Nevada’s delegation: Senator Harry Reid, Senator John Ensign, Congressman Jim Gibbons, and Congresswoman Shelley Berkley. We may have our differences from time to time but we have one voice when it comes to Nevada. It is a great team and I am proud to be a part of it.

I would like to share just one humbling experience of my first few days in office. Finding your way through the maze of halls, hideaways, and basement corridors of Capitol Hill can be mind-boggling at times. I am sure you new members of the Legislature understand what I mean. One particular morning I was supposed to be in a briefing for Republicans. So I walked into the room and the meeting had already started. I thought, “Boy, these people are on the ball; they actually are in the room in their seats.” I was so impressed. So I got a cup of coffee, sat down and started to listen to the message. A couple of moments later, I realized that something didn’t sound quite right. The next thing I know this young woman walked over to me and said, “Congressman, you are in the wrong meeting. This meeting is for the Democrats. What are you doing here?” I told her that I was building bridges!

Now that I’ve been in office I have my committee assignments. I have the honor of serving on two committees I believe are key to Nevada’s needs: The Education and Workforce Committee and the Transportation and Infrastructure Committee. My service on these committees means that I come into contact with countless Nevadans working on various projects. I must give special thanks to Mike Pieper from the Governor’s Washington Office for all the work he does to help facilitate these meetings and his efforts representing Nevada’s many needs.

My service in Congress brings with it an awesome responsibility that is being tested right now as we speak. For the last few months we have all been following Operation Iraqi Freedom. For months we’ve all suffered from the pangs of anxiety as our soldiers headed off to war. We’ve all been touched by the images of wives kissing their husbands goodbye and children giving daddy or mommy one more great big hug for luck. When the war started, we all gathered around our TVs and were truly breathless with the power and force of the “Shock and Awe Campaign.” Just last week we witnessed the triumph of freed Iraqis as they tore down the statues of their oppressor, Saddam Hussein. And sadly, together, we’ve bowed our heads to pay honor to our brave heroes who gave their lives in the name of freedom.

Yesterday I hosted a town hall meeting in Henderson with Army Deputy Chief of Staff, General Richard Cody. He came out from the Pentagon to brief residents of southern Nevada on the latest on Operation Iraqi Freedom. He talked about the dedication of the troops in the field, many of those troops offering to reenlist while they are on duty today. We must continue to support our troops. I applaud President Bush, who requested $75 billion to pay for the war. This past Saturday, Congress increased his request to $80 billion. I was there and I voted for it.

Even though I was not a member of Congress when the war resolution passed, there isn’t a day that goes by that I don’t personally carry the weight of responsibility for every man and woman in uniform in our military. Recently we lost two of Nevada’s bravest soldiers. On Monday, I attended a memorial service at Arlington National Cemetery for First Lt. Frederick Pokorney from Nye County. A few days before I was on the phone with his adopted father
Wade Lieske. Wade told me that his son was a great man and a brave soldier.

Sadly, the other day we learned about the tragic death of another brave soldier from right up the road in Sparks. Lance Cpl. Donald J. Cline, Jr., was only 21 years old. He left behind a wife and two children. Also we recently learned that three Marines from Nevada were injured in battle and our prayers go out to them. No words can express our heartfelt sorrow for all that they sacrificed in the name of freedom. No award can touch the depths of their heroism. No words can express our appreciation for their courage.

Earlier this year, Nevada’s family faced another tragedy when the McCool family from my district in Las Vegas lost their son, Astronaut Commander Willie McCool, in the Columbia Shuttle disaster. Our soldiers and our astronauts are all heroes and we honor their sacrifices. It is during these sobering times that the indomitable resilience of Nevadans shines through. We rally together to support each other and our community during a crisis. That is what makes me so proud to be a Nevadan. It is the spirit of support and sacrifice that is the measure of who we are. It is the spirit of all Nevadans. On the Nevada State Seal on the door of my office in Washington, D.C., are the words, “All For Our Country.” It speaks to who we are as Nevadans and as citizens. It is the best we have to offer.

This is not the first time we have faced uncertain times. I was Mayor of Boulder City when an explosion at a plant in Henderson nearly crippled our whole southern Nevada community. And more recently our entire nation’s resilience was tested in the days following September 11, 2001. While the terrorists did not physically attack Nevada, the residual effects of their evil deeds nearly shut down our economy. Business owners were forced to put “closed for business” signs in their storefronts. Tens of thousands of Nevadans were out of work. But in less than two months, through planning, hard work, and working together, we turned things around. Business owners were once again putting “open for business” signs back in their windows. That is resilience.

Our unique Nevada spirit and resilience can be found again today while our nation is at war. Several businesses have answered the call to share and support families who have loved ones in the battlefield. I want to take just a moment to recognize a few of those businesses like
United Parcel Service (UPS), Bank of America, Mail Boxes, Etc., MGM, and numerous other businesses, for helping donating supplies, discounts, and other items to the families who need help.

As we fight the war, we are reminded of the future needs of these brave soldiers, sailors, marines, airmen, and the needs of those who have sacrificed in the past. I cosponsored legislation to end the indefensible ban against concurrent receipt of veterans and military retirement benefits. The House has just passed legislation to lower taxes for our soldiers on active duty. I will continue to work for a new veterans’ hospital for Clark County, expand and maintain our veterans’ cemetery, and continue to work to ensure the success of the new veterans’ home in Boulder City. Congress has funded veterans’ programs at $64 billion. That is an
11 percent increase over last year, plus an additional $30 billion, a 13 percent increase for other programs. I want to see that all of America’s veterans receive the recognition, the support, and the respect they deserve.

Even though Nevada is thousands of miles away from the war zone, our homeland security is a critical issue. Now more than ever we look to those men and women who will protect us day to day, our first responders. I am talking about the police officers, firefighters, and those whose daily job is security here on the home front. I invited the new chairman of the House Homeland Security Committee, Hal Rogers, to come to Nevada next month to meet with our first responders, including our state’s Homeland Security Director, Jerry Bussell. I’d like to take a moment and applaud Jerry Bussell for his work. Jerry has been extremely responsive to Congress and I can’t tell you how important that is. He is doing a tremendous job keeping us informed about security issues. I thank him for his service to Nevada. As Jerry will tell you, his work has just begun. Just yesterday he brought in other Western State Homeland Security Directors to the test site and held a workshop of sorts to help with the national security efforts. To assist Jerry and other first responders with homeland security, last weekend Congress set aside nearly $7 million for Nevada’s Homeland Security, which just about doubles last year’s appropriations.

I would also like to extend my appreciation to members of the National Guard. Some
800 members of the Guard have been dispatched to Operation Iraqi Freedom. They have been a major part of the war. I also want to recognize the Guard’s Adjutant General Giles Vanderhoof, who is here this evening. I recently visited the facilities in North Las Vegas, and I am very impressed your leadership, General. You have maintained, through the years, a professionalism that is unsurpassed. I’ll add that last week we recognized General Vanderhoof and his service in the Congressional Record of the House of Representatives.

The war is on the forefront, but the economy is on everyone’s mind. What will the war do to our economy? What has the war done to our economy? It’s no secret we are all suffering from the current economic situation. I know that you are in the midst of a budget crunch that may seem insurmountable, but take a deep breath. You will find a solution. The debate and dialogue you are engaged in is part of the process. I am confident you all will do what is best for the state. You know Washington could learn a lot from Nevada. While it may seem as though you are a contentious group, you really do get along and you will get the job done. At the end of the day you are going to come together and do the right thing.

When it comes to our nation’s economy President Bush has proposed a variety of economic initiatives that strengthen the economy and create jobs. The goal from the White House is
1.4 million jobs in America, including 7,000 jobs here in Nevada, while at the same time we target waste, fraud, and abuse within the government. Recently, I was honored to author and pass out of committee a key piece of President Bush’s stimulus package. It meant a lot to me that Leadership asked our office to carry such an important piece of legislation in our first days in office. We introduced H.R. 444, the Back to Work Incentive Act of 2003, or the Back to Work Bill, at the end of January. Simply put, the bill creates personal reemployment accounts of up to $3,000 to help the unemployed get back to work. Back to Work Accounts offer a new, innovative approach designed to provide the unemployed with additional flexibility, greater choice, and more control over their employment search. It also offers a reemployment bonus for those who find a job quickly.

More than a month ago, I asked the Education and Workforce Committee to hold a hearing in Las Vegas at one of our One-Stop Centers. Chairman John Boehner and subcommittee member Buck McKeon attended the hearings and toured the One-Stop Center near downtown Las Vegas. During the hearing, state employment officials testified that helping Nevadans get back to work just one week earlier would save Nevada’s Trust Fund $8 million a year.

Many of you who know me understand my passion for education. My wife, Laurie, who is here tonight, is a former librarian and schoolteacher. Education continues to be a top priority for me in Congress. First, our state’s explosive growth is not recognized by federal education formulas or by members of the House. I commend Senator John Ensign and his aggressive efforts to amend the funding formulas to ensure that Nevada’s students get their fair share of education dollars. On the House side, I have personally brought this issue to the attention of the Speaker of the House Dennis Hastert, Majority Leader Tom DeLay, Secretary of Education Paige, and Chairman of Education John Boehner. Now they are aware that Nevada’s school children may not be able to play sports or music or explore the arts because these programs are in danger of being cut. They’ve heard about the struggles and we are working together to find a solution.

Last week, I offered an amendment to increase the spending levels for special education funding, or properly titled, the Individuals with Disabilities Act (IDEA). The increase would result in the federal government paying for an unprecedented 21 percent of the per-pupil cost of special education funding in this country. In overall education spending, Congress just passed a $56.1 billion Education Budget. That marks a $3 billion increase over 2003 alone.

There are two other issues involving children’s safety. Last week Speaker of the House Hastert and Education Committee Chairman Boehner asked me to serve as a conferee for the Keeping Children and Families Safe Act of 2003. This legislation will provide a safety net and prevent child abuse and family violence before it occurs. It protects and treats abused and neglected children and victims of family violence. As a new member of Congress, it is an honor to sit on the committee with senior senators and senior members of the House, to iron out our differences and ultimately pass a bill that will protect our children.

While we are making strides to bring education to the excellent levels that we all seek to attain, there is still much work to be done. An educator in southern Nevada approached me with a concern that only a parent can understand. It involves safety in the classroom. The legislation I propose will call for a nationwide network of checks and balances for educators who apply to come to Nevada to teach. Now, I know that most of the teachers we have here are outstanding, but too often schools outside of Nevada do not provide adequate background information on applications. Our state needs more than 2,000 new teachers a year and we want the best for our students. I’d like you to ponder this thought as you all deliberate on ways to improve education in Nevada. My principles regarding the role of government hold true more than ever with education. The government closest to the people best serves the people. Having been a member of this esteemed Body for eight years, I still feel a sense of responsibility for its outcome. I truly believe it is time for the funding of schools to be partially determined by local school boards. For years I have watched the finger-pointing and allegations, the attempt by some to insist that certain elected officials don’t care about kids. I can even remember reading a cartoon in the
Las Vegas Review Journal. It showed a student standing in the middle of a crowd of people with a big question mark over his head. In this crowd of people, in a circle, there was a parent pointing a finger at the school board, pointing a finger at the superintendent, pointing a finger at the Legislature, pointing a finger at the Governor. It was all about funding of education and who was to blame.

I believe that it is the right time to give local school boards the responsibility to determine how much they need and the tools they need to fund education. I believe collectively that they can do that under the Nevada PLAN and collectively they will make the right choices. School board members were elected to make decisions because they are closest to parents and students. They truly have a better feel for what is needed than Carson City or Washington, D.C.

Another bill I am especially proud of supporting is the Child Abduction Prevention Act
of 2003, which includes the highly publicized Amber Alert System. The Amber Alert will provide law enforcement with the coordinated effort they need in the crucial early moments in the search for a missing child. Speaker Perkins, you deserve a lot of credit and recognition for your work for Nevada’s own Amber Alert legislation. Now federal legislation will offer a boost to Nevada’s system. The federal legislation authorizes $25 million to state and local jurisdictions for highway signage, education and training programs, and equipment to help build the best Amber Alert System in every state. I applaud you, Richard.

Nevada’s transportation needs are growing, and those needs call for federal assistance. As a member of the House Transportation and Infrastructure Committee, I will be a part of the reauthorization of T-21, the Federal Highway and Transit Bill; and AIR-21, the Aviation Bill. I really can’t go any further without saying that House Transportation Committee Chairman
Don Young is a great friend to Nevada. He has made several trips to our state and is keenly aware of our transportation needs. Our number one transportation priority as Nevadans is to ensure that our state continues to receive its fair share of federal transportation funds, both absolutely and relatively. I am working with NDOT, regional planning organizations, and cities to make sure that our needs are met here in Nevada. Along with my colleagues I have submitted more than a billion dollars in urgent transportation needs before Congress. These are our dollars. They should come back to us in Nevada, and without adequate investment in our transportation system we cannot expect to attract the residents and the tourists that our economy needs.

For months, Nevadans have been dealing with what the rest of the country is now facing. In more than a dozen states, hospital emergency rooms have been forced to shut their doors, and doctors have been forced to leave their patients. The Governor and the Nevada Legislature should be commended for its work to slow the flight of doctors from our state. We in Congress are also aware of the problem. I’m proud to have spoken and voted for H.R. 5, a bill that will cap growing liability costs for our doctors. I urge my colleagues in the U.S. Senate to take up this bill and act as quickly as possible.

Since the beginning of my public service, for nearly two decades, I have been fighting against the storage of deadly nuclear waste in Nevada’s backyard, and my resolve remains the same. While we have many legal hurdles left to cross, please know that we are focused on the health and safety of all Nevadans, first and foremost. It seems that on so many things we do as representatives back in Washington, we are on the defensive. From Yucca Mountain to protecting our state’s number one industry, gaming. On that front, it seems the NCAA Betting Ban Bill has been brought back to life. Know that our Nevada team is united and we will lobby other members and educate them on the shortsightedness of this proposed legislation.

Working to help seniors is one of my highest priorities, and I am pleased to have been involved in bringing about legislation to meet their needs and give them the benefits they deserve. Congress has passed a budget that will create a Medicare prescription drug program. The Speaker of the House has appointed me to his seniors Prescription Drug Action Team. Our job is to lead the charge, nationwide, to move a prescription drug benefit through the House of Representatives. The Speaker is aware of the Governor’s success with Nevada’s Senior Rx program. I hope my input will take Nevada’s success to the federal level. Congratulations, Governor. Our seniors shouldn’t have to choose between paying their rent or buying medicine they desperately need. Our seniors should never have to forego lifesaving medicine because of the cost, again.

In closing, last week I had the opportunity to visit with soldiers who were recuperating from the war at Walter Reed Army Hospital and at Bethesda Naval Hospital just outside of Washington. I had to find a way to thank them for their courage and sacrifices. When you look at these soldiers in their hospital beds you notice several things about them. First, while they may look young, some are 19 and 20 years old, their eyes tell a really different story. Their eyes reflect a maturity beyond their years. It was quite overwhelming and overpowering and inspiring, but I did manage to bring a smile to a few of their faces. As soon as I mentioned I was from Las Vegas, they would say, “Oh, you’re from Vegas” and then they would smile and have a twinkle in their eyes.

I took letters from students from elementary schools in Henderson, Boulder City, and
Las Vegas. I would like to share with you a couple of short letters from the students. While all of them are filled with words of encouragement and hope, a couple of them are especially touching. You will find they capture the spirit of our young Nevadans and they honor the soldiers who are fighting for our freedom.

First, a young child writes, “Dear Sogers, Thank you for helping us.”

Next, another youngster writes, “Dear Soldiers, Thank you for caring. You deserve a big car.” That was from Mrs. Jenson’s class.

Finally, another young student writes:

“Dear Soldier, hi. I’m a fifth grade student in Henderson, Nevada. I am writing to you because I care about you. You are fighting for our freedom. You didn’t even have to do this, but you did. I just want you to know, we all here at Treem Elementary support you. Thank you for protecting us and for protecting Iraq. We all want you to come home safely, especially your family and your friends. You are sacrificing for us. You must have giant hearts to do this all for America. I just want to say, even though I don’t know you, I care and love you.”

Then she drew a little rose at the bottom and said, “God bless you.”

With letters like this, we have so much to be proud of. We have faced some uncertain times, but we must continue to work together. It is the resilience of our spirit as Battle Born Nevadans that allows us to bounce back from life’s challenges. It is the secret of our success right here in Nevada. May God bless Nevada, may God bless our soldiers, and may God bless America. Thank you.

Senator Washington moved that the Senate and Assembly in Joint Session extend a vote of thanks to Representative Porter for his timely, able, and constructive message.

Seconded by Assemblywoman Pierce.

Motion carried unanimously.

The Committee on Escort escorted Representative Porter to the Bar of the Assembly.

Senator Shaffer moved that the Joint Session be dissolved.

Seconded by Assemblyman Sherer.

Motion carried.

Joint Session dissolved at 5:57 p.m.

ASSEMBLY IN SESSION

At 5:59 p.m.

Mr. Speaker pro Tempore presiding.

Quorum present.

UNFINISHED BUSINESS

Signing of Bills and Resolutions

There being no objections, the Speaker and Chief Clerk signed
Senate Joint Resolution No. 5; Senate Concurrent Resolution No. 28.

GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR

On request of Assemblyman Anderson, the privilege of the floor of the Assembly Chamber for this day was extended to Jim Bennett.

On request of Assemblywoman Angle, the privilege of the floor of the Assembly Chamber for this day was extended to Patricia Puchert,
Patricia Keough, and Betty Peters.

On request of Assemblyman Beers, the privilege of the floor of the Assembly Chamber for this day was extended to Pat Beers and Sarah Beers.

On request of Assemblyman Brown, the privilege of the floor of the Assembly Chamber for this day was extended to Darci Brown,
Elizabeth Brown, and Bridget Brown.

On request of Assemblyman Goicoechea, the privilege of the floor of the Assembly Chamber for this day was extended to Jessie Walsh, Jon Blinn, Shalane Trujillo, Conrad Fellows, Raymond Perez, Dominick Mix,
Ashley Smith, Eli Baker, Jordan Shaw, and Jason Gonzales.

On request of Assemblyman Hardy, the privilege of the floor of the Assembly Chamber for this day was extended to David Bennett.

On request of Assemblyman Knecht, the privilege of the floor of the Assembly Chamber for this day was extended to William A. Glenn.

Assemblywoman Buckley moved that the Assembly adjourn until Thursday, April 17, 2003, at 10:30 a.m.

Motion carried.

Assembly adjourned at 5:59 p.m.

Approved: Richard D. Perkins

Speaker of the Assembly

Attest: Jacqueline Sneddon

Chief Clerk of the Assembly