NEVADA LEGISLATURE

THE SEVENTY-FOURTH DAY

Carson City (Thursday), April 17, 2003

Assembly called to order at 10:45 a.m.

Mr. Speaker presiding.

Roll called.

All present except Assemblyman Goldwater, who was excused.

Prayer by the Chaplain, Pastor John Jackson.

Heavenly Father, we thank You for Your goodness and mercy given to us. We thank You for the love that was shown to us in Jesus Christ and the gift of His life upon the cross. Thank You for the power of new life that comes from the Resurrection. Now, Father, we ask that this day would be efficient and effective in the matters before this Assembly. We ask for Your wisdom and guidance to be present in all that we do.

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 were referred Assembly Bills Nos. 507, 508, 513, 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. 240, 382, 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. 285, 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. 245, 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. 262, 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. 458, 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. 249, 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 Committee on Judiciary, to which was referred Assembly Bill No. 156, 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 was referred Assembly Bill No. 441, 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.

Also, your Committee on Judiciary, to which was referred Assembly Bill No. 460, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Bernie Anderson, Chairman

Mr. Speaker:

Your Committee on Natural Resources, Agriculture, and Mining, to which was referred Assembly Bill No. 485, 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

MESSAGES FROM THE Senate

Senate Chamber, Carson City, April 16, 2003

To the Honorable the Assembly:

I have the honor to inform your honorable body that the Senate on this day passed Senate Bill No. 484.

Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bill No. 307.

Mary Jo Mongelli

Assistant Secretary of the Senate

INTRODUCTION, FIRST READING AND REFERENCE

Senate Bill No. 307.

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

Motion carried.

Senate Bill No. 484.

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

Motion carried.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblywoman Buckley moved that Assembly Bills Nos. 156, 240, 245, 249, 262, 285, 382, 441, 458, 460, 485, 507, 508, and 513 be placed on the Second Reading File.

Motion carried.

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

Assembly in recess at 10:52 a.m.

ASSEMBLY IN SESSION

At 10:54 a.m.

Mr. Speaker presiding.

Quorum present.

Assemblywoman Chowning moved that Assembly Bill No. 324 be taken from the General File and placed on the Chief Clerk's desk.

Remarks by Assemblywoman Chowning.

Motion carried.

SECOND READING AND AMENDMENT

Senate Bill No. 87.

Bill read second time and ordered to third reading.

Senate Bill No. 88.

Bill read second time and ordered to third reading.

Senate Bill No. 334.

Bill read second time and ordered to third reading.

Senate Bill No. 353.

Bill read second time and ordered to third reading.

Assembly Bill No. 156.

Bill read second time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 299.

Amend sec. 4, page 3, line 22, after “insanity.” by inserting: “A plea of not guilty by reason of insanity must be entered not less than 21 days before the date set for trial.”.

Amend sec. 9, page 5, by deleting line 9 and inserting: “custody and transport him to a forensic facility”.

Amend sec. 9, page 5, by deleting lines 11 and 12 and inserting:

“(b) Order the examination of the person by two psychiatrists, two psychologists, or one psychiatrist and one psychologist who are employed by a division facility; and”.

Amend sec. 9, page 5, by deleting lines 40 and 41 and inserting: “requires:

(a) “Division facility” has the meaning ascribed to it in NRS 433.094.

(b) “Forensic facility” means a secure facility of the Division of Mental Health and Developmental Services of the Department of Human Resources for mentally disordered offenders and defendants. The term includes, without limitation, Lakes Crossing Center.

Amend the bill as a whole by deleting sec. 25 and inserting:

“Sec. 25. (Deleted by amendment.)”.

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. 240.

Bill read second time.

The following amendment was proposed by the Committee on Education:

Amendment No. 367.

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

“Section 1. NRS 387.335 is hereby amended to read as follows:

387.335 1. The board of trustees of a county school district may issue its general obligations to raise money for the following purposes, and no others:

(a) Construction, design or purchase of new buildings for schools, including, but not limited to, teacherages, dormitories, dining halls, gymnasiums and stadiums.

(b) Enlarging, remodeling, repairing or replacing existing buildings or grounds for schools, including, but not limited to, teacherages, dormitories, dining halls, gymnasiums and stadiums.

(c) Acquiring sites for building schools, or additional real property for necessary purposes related to schools, including, but not limited to, playgrounds, athletic fields and sites for stadiums.

(d) Paying expenses relating to the acquisition of school facilities which have been leased by a school district pursuant to NRS 393.080.

(e) Purchasing necessary furniture and equipment for schools, including, without limitation, equipment used in educating pupils, furniture for school buildings and equipment used for the transportation of pupils. If money from the issuance of general obligations is used to purchase furniture and equipment to replace existing furniture and equipment, and that existing furniture and equipment subsequently is sold, the proceeds from the sale must be applied toward the retirement of those obligations. If equipment used for the transportation of pupils is purchased pursuant to this paragraph, only the following equipment may be purchased:

(1) Motor vehicles that use biodiesel, compressed natural gas or a similar fuel formulated to reduce emissions from the amount of emissions produced from traditional fuels such as gasoline and diesel fuel;

(2) Equipment to retrofit motor vehicles to use biodiesel, compressed natural gas or a similar fuel formulated to reduce emissions from the amount of emissions produced from traditional fuels such as gasoline and diesel fuel; or

(3) Equipment for the transportation, storage or dispensing of biodiesel, compressed natural gas or similar fuels formulated to reduce emissions from the amount of emissions produced from traditional fuels such as gasoline and diesel fuel.

2. Any one or more of the purposes enumerated in subsection 1 may, by order of the board of trustees entered in its minutes, be united and voted upon as one single proposition.

3. Any question submitted pursuant to this section and any question submitted pursuant to NRS 387.3285 may, by order of the board of trustees entered in its minutes, be united and voted upon as a single proposition.

4. If a school district issues general obligations to:

(a) Replace existing buildings or grounds for schools, as set forth in paragraph (b) of subsection 1; or

(b) Purchase equipment used in educating pupils, furniture for school buildings or equipment used for the transportation of pupils, as set forth in paragraph (e) of subsection 1, the school district shall prepare an annual written report that describes the purposes for which the proceeds of the bonds were used in the immediately preceding year. The school district shall, on or before October 1 of each year, submit the report to the Department and maintain a copy of the report for inspection by the general public.

5. As used in this section, “biodiesel” has the meaning ascribed to it in 42 U.S.C. § 13220.”.

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

“5. Section 48 of this act expires by limitation on July 1, ~~[2003.]~~ 2007.”.

Amend the title of the bill to read as follows:

“AN ACT relating to education; extending the prospective expiration of certain provisions that authorize the board of trustees of a county school district to issue its general obligations to raise money to replace existing buildings or grounds for schools, and to purchase necessary equipment used in educating pupils, necessary furniture for school buildings and certain necessary equipment used for the transportation of pupils; requiring the board of trustees of a school district that issues its general obligations for such a purpose to prepare an annual written report describing the purposes for which the proceeds of the bonds were used; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Extends prospective expiration of provisions that expand purposes for which board of trustees of county school district may issue general obligations. (BDR 34‑453)”.

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. 245.

Bill read second time.

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

Amendment No. 273.

Amend section 1, page 1, line 3, by deleting “board,” and inserting “body,”.

Amend section 1, page 2, by deleting lines 2 and 3 and inserting: “owned mobile home lots:

1. Except as otherwise provided in subsection 2, may not require any change to existing densities, uses, lot sizes, setbacks or other similar restrictions applicable to the mobile home park as a condition of the approval of the conversion.

2. May impose reasonable restrictions related to health and safety as a condition of the”.

Amend the title of the bill by deleting the fourth and fifth lines and inserting: “individually owned lots from requiring certain changes to certain existing restrictions applicable to the park as a condition”.

Assemblyman Manendo moved the adoption of the amendment.

Remarks by Assemblyman Manendo.

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 11:03 a.m.

ASSEMBLY IN SESSION

At 11:04 a.m.

Mr. Speaker presiding.

Quorum present.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Manendo moved that Assembly Bill No. 249 be taken from the Second Reading File and placed on the Chief Clerk's desk.

Remarks by Assemblyman Manendo.

Motion carried.

SECOND READING AND AMENDMENT

Assembly Bill No. 262.

Bill read second time.

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

Amendment No. 274.

Amend section 1, page 2, by deleting lines 2 through 8 and inserting: “461.260 1. ~~[Local]~~ In a county whose population is 400,000 or more, local enforcement agencies shall enforce and inspect the installation of factory-built housing and manufactured buildings.

2. In a county whose population is less than 400,000, local enforcement agencies may enforce and inspect the installation of factory-built housing and manufactured buildings. If a local enforcement agency fails or refuses to enforce and inspect the installation of any factory-built housing or manufactured building in its jurisdiction within 10 days after receipt of a request to inspect the installation, the Division shall enforce and inspect the installation.

3. Local use zone requirements, local fire zones, building”.

Amend section 1, page 2, line 14, by deleting “3.” and inserting ~~“[3.]~~ 4.”.

Amend section 1, page 2, line 15, by deleting “1,” and inserting “2,”.

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

Amend section 1, page 2, line 25, by deleting “4.” and inserting “5.”.

Amend sec. 4, page 5, line 39, after “homes” by inserting: “who is licensed pursuant to chapter 624 of NRS”.

Amend sec. 4, page 5, by deleting lines 42 through 44 and inserting: “installation and occupancy of a manufactured home. If such a dealer enters into such a written agreement, the dealer is”.

Amend sec. 4, page 5, line 45, by deleting “a” and inserting “the”.

Amend sec. 4, page 6, line 1, by deleting “a” and inserting “the”.

Amend sec. 4, page 6, by deleting line 5 and inserting:

“2. A dealer of new manufactured homes, regardless of whether he is licensed pursuant to chapter 624 of NRS, shall not require a”.

Amend sec. 4, page 6, line 12, by deleting “4.” and inserting “3.”.

Amend the title of the bill to read as follows:

“AN ACT relating to housing; providing for the inspection of, and the issuance of certificates of occupancy for, factory-built housing and manufactured buildings by the Manufactured Housing Division of the Department of Business and Industry in certain counties under certain circumstances; authorizing the Division to establish certain fees; providing for the classification of mobile, manufactured and factory-built homes on leased land as real property for purposes of property taxes under certain circumstances; establishing liability for the unlawful removal of a mobile or manufactured home which has been converted to real property; authorizing certain dealers of new manufactured homes to contract with licensed providers of services to perform work pertinent to the sale, installation and occupancy of manufactured homes; revising provisions governing the licensure of limited servicemen who provide services relating to the installation and repair of manufactured homes; and providing other matters properly relating thereto.”.

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. 285.

Bill read second time.

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

Amendment No. 386.

Amend section 1, page 2, by deleting lines 1 through 3 and inserting: “acceptance of candidacy, and has paid the fee required by NRS 293.193 ~~not~~”.

Amend section 1, pages 4 and 5, by deleting lines 40 through 45 on page 4 and lines 1 through 37 on page 5, and inserting: “street address has not been assigned to his residence ~~[.]~~ ; or

(b) The candidate does not present to the filing officer:

(1) A valid driver’s license or identification card issued by a governmental agency that contains a photograph of the candidate and the candidate’s address; or

(2) A current utility bill, bank statement, paycheck, or document issued by a governmental entity, including, without limitation, a check, which indicates the candidate’s name and address.

5. By filing the declaration or acceptance of candidacy, the”.

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

“6. If the filing officer receives credible evidence indicating that a candidate has been convicted of a felony and has not had his civil rights restored by a court of competent jurisdiction, the filing officer:

(a) May conduct an investigation to determine whether the candidate has been convicted of a felony and, if so, whether he has had his civil rights restored by a court of competent jurisdiction; and

(b) Shall transmit the credible evidence and the findings from such investigation to the Attorney General, if the filing officer is the Secretary of State, or to the district attorney, if the filing officer is a person other than the Secretary of State.

7. The receipt of information by the Attorney General or district attorney pursuant to subsection 6 must be treated as a challenge of a candidate pursuant to subsections 4 and 5 of NRS 293.182. If the ballots are printed before a court of competent jurisdiction makes a determination that a candidate has been convicted of a felony and has not had his civil rights restored by a court of competent jurisdiction, the filing officer must post a notice at each polling place where the candidate’s name will appear on the ballot informing the voters that the candidate is disqualified from entering upon the duties of the office for which the candidate filed the declaration of candidacy or acceptance of candidacy.”.

Amend sec. 2, page 6, by deleting lines 10 through 12 and inserting: “candidacy or an acceptance of candidacy and has paid the fee established by the”.

Amend sec. 2, pages 7 and 8, by deleting lines 38 through 45 on page 7 and lines 1 through 27 on page 8, and inserting: “street address has not been assigned to his residence ~~[.]~~ ; or

(b) The candidate does not present to the filing officer:

(1) A valid driver’s license or identification card issued by a governmental agency that contains a photograph of the candidate and the candidate’s address; or

(2) A current utility bill, bank statement, paycheck, or document issued by a governmental entity, including, without limitation, a check, which indicates the candidate’s name and address.

5. By filing the declaration or acceptance of candidacy, the”.

Amend sec. 2, page 8, after line 39, by inserting:

“6. If the city clerk receives credible evidence indicating that a candidate has been convicted of a felony and has not had his civil rights restored by a court of competent jurisdiction, the city clerk:

(a) May conduct an investigation to determine whether the candidate has been convicted of a felony and, if so, whether he has had his civil rights restored by a court of competent jurisdiction; and

(b) Shall transmit the credible evidence and the findings from such investigation to the city attorney.

7. The receipt of information by the city attorney pursuant to subsection 6 must be treated as a challenge of a candidate pursuant to subsections 4 and 5 of NRS 293C.186. If the ballots are printed before a court of competent jurisdiction makes a determination that a candidate has been convicted of a felony and has not had his civil rights restored by a court of competent jurisdiction, the city clerk must post a notice at each polling place where the candidate’s name will appear on the ballot informing the voters that the candidate is disqualified from entering upon the duties of the office for which the candidate filed the declaration of candidacy or acceptance of candidacy.”.

Amend the title of the bill to read as follows:

“AN ACT relating to elections; requiring a declaration of candidacy or acceptance of candidacy to include a statement that the declarant is a qualified elector and, if he has been convicted of a felony, that his civil rights have been restored; prohibiting a filing officer from accepting a declaration of candidacy or acceptance of candidacy if the candidate has not presented certain identification; making various changes concerning investigations to determine whether a candidate has been convicted of a felony and, if so, whether he has had his civil rights restored; 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 third reading.

Assembly Bill No. 382.

Bill read second time.

The following amendment was proposed by the Committee on Education:

Amendment No. 368.

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

Amend sec. 5, page 2, line 18, by deleting “1.”.

Amend sec. 5, page 2, by deleting lines 24 through 30.

Amend sec. 7, page 2, by deleting line 39 and inserting:

“Sec. 7. The Board of Regents may establish fiscal”.

Amend sec. 7, page 3, by deleting lines 1 through 6.

Amend the title of the bill, first line, by deleting “requiring” and inserting “authorizing”.

Amend the summary of the bill to read as follows:

“SUMMARY—Authorizes Board of Regents of University of Nevada to establish Institute for Latino Research and Advocacy. (BDR 34‑951)”.

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. 441.

Bill read second time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 359.

Amend section 1, page 2, line 3, by deleting “25,” and inserting “27,”.

Amend sec. 2, page 2, line 34, after “among” by inserting: “federal, state and local”.

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

“Sec. 3. (Deleted by amendment.)”.

Amend sec. 5, page 3, by deleting lines 12 through 23 and inserting:

“Sec. 5. 1. “Act of terrorism” means any act that involves the use or attempted use of sabotage, coercion or violence which is intended to:

(a) Cause great bodily harm or death to the general population; or

(b) Cause substantial destruction, contamination or impairment of:

(1) Any building or infrastructure, communications, transportation, utilities or services; or

(2) Any natural resource or the environment.

2. As used in this section, “coercion” does not include an act of civil disobedience.”.

Amend sec. 10, page 3, line 43, by deleting “safety” and inserting: “safety, including, without limitation, the Nevada National Guard.”.

Amend the bill as a whole by adding new sections designated sections 10.3 and 10.7, following sec. 10, to read as follows:

“Sec. 10.3. “Restricted document” means any blueprint or plan of a school, place of worship, airport, gaming establishment, governmental building or any other building or facility which is likely to be targeted for a terrorist attack.

Sec. 10.7. “System of communication” includes, without limitation, any public safety radio system or telecommunication system.”.

Amend sec. 11, page 4, by deleting lines 1 through 3 and inserting:

“Sec. 11. 1. “Utility” means any public or private entity that:

(a) Provides water service, electric service or natural gas service to 500 or more service locations; or

(b) Operates any pipeline that is necessary to provide such service.”.

Amend sec. 11, page 4, between lines 13 and 14, by inserting:

“(e) A community water system that is subject to the requirements of
42 U.S.C. § 300i-2.”.

Amend sec. 12, page 4, line 15, by deleting “12” and inserting: “a Chairman and at least 14”.

Amend sec. 12, page 4, by deleting lines 16 through 43 and inserting:

“2. The Senate Majority Leader shall appoint two members of the Senate as voting members to the Commission.

3. The Speaker of the Assembly shall appoint two members of the Assembly as voting members to the Commission.

4. The Governor shall appoint to the Commission 10 voting members, at least one of whom represents the private sector. The Governor may appoint as many nonvoting members as he chooses. The members appointed by the Governor must possess expertise in one or more of the following areas:

(a) Counterterrorism intelligence;

(b) Military service;

(c) Law enforcement;

(d) Fire fighting;

(e) Public health;

(f) Hospital administration;

(g) Emergency management;

(h) Administration of critical infrastructure and vital public assets;

(i) Information technology;

(j) Transportation;

(k) Agriculture; and

(l) Business and industry.

5. The Governor may not appoint as a voting member of the Commission any employee of the Executive Branch of State Government.”.

Amend sec. 12, page 5, line 1, by deleting “5.” and inserting “6.”.

Amend sec. 12, page 5, by deleting lines 4 through 6 and inserting:

“7. The voting members of the Commission shall elect from among their membership a Vice Chairman who serves in that office for a term of 1 year.”.

Amend sec. 13, page 5, line 7, after “13.” by inserting “1.”.

Amend sec. 13, page 5, line 8, by deleting “1.” and inserting “(a)”.

Amend sec. 13, page 5, line 11, by deleting “2.” and inserting “(b)”.

Amend sec. 13, page 5, line 14, before “The” by inserting “2.”.

Amend sec. 13, page 5, by deleting lines 16 through 18 and inserting: “Commission are eligible for reappointment. Vacancies among the voting membership of the”.

Amend sec. 15, page 5, by deleting lines 28 and 29 and inserting:

“Sec. 15. 1. Each member of the Commission who is not a public employee is entitled to receive compensation of not more than $80 per day, as fixed by the Commission, while engaged in the business of the Commission.

2. A member of the Commission who is a public employee may not receive any compensation for his services as a member of the Commission. Any member of the Commission who is a public employee must be granted administrative leave from his duties to engage in the business of the Commission without loss of his regular compensation. Such leave does not reduce the amount of the member’s other accrued leave.

3. Except during a regular or special session of the Legislature, each legislative member of the Commission is entitled to receive the compensation provided for a majority of the members of the Legislature during the first
60 days of the preceding regular session for each day or portion of a day during which he attends a meeting of the Commission or is otherwise engaged in the business of the Commission. The compensation and expenses of the legislative members of the Commission must be paid from the Legislative Fund.

4. In addition to any compensation received pursuant to this section, while engaged in the business of the Commission, each member and employee of the Commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.”.

Amend sec. 17, page 6, by deleting lines 21 through 24 and inserting: “airports, the Capitol Complex, dams, gaming establishments, governmental buildings, highways, hotels, information technology infrastructure, lakes, places of worship, power lines, public buildings, public utilities, reservoirs, rivers and their tributaries, and water facilities:”.

Amend sec. 17, page 7, line 9, after “acts” by inserting “related to their duties set forth in subsections 1 to 7, inclusive,”.

Amend sec. 21, page 7, line 26, after “2” by inserting: “that is prepared and maintained for the purpose of preventing or responding to an act of terrorism”.

Amend sec. 21, pages 7 and 8, by deleting lines 36 through 45 on page 7 and lines 1 through 25 on page 8, and inserting:

“(a) Assessments, plans or records that evaluate or reveal the susceptibility of fire stations, police stations and other law enforcement stations to acts of terrorism or other related emergencies.

(b) Drawings, maps, plans or records that reveal the critical infrastructure of primary buildings, facilities and other structures used for storing, transporting or transmitting water or electricity, natural gas or other forms of energy.

(c) Documents, records or other items of information which may reveal the details of a specific emergency response plan or other tactical operations by a response agency and any training relating to such emergency response plans or tactical operations.

(d) Handbooks, manuals or other forms of information detailing procedures to be followed by response agencies in the event of an act of terrorism or other related emergency.

(e) Documents, records or other items of information that reveal information pertaining to specialized equipment used for covert, emergency or tactical operations of a response agency, other than records relating to expenditures for such equipment.

(f) Documents, records or other items of information that reveal frequencies for radio transmissions used by response agencies.”.

Amend the bill as a whole by renumbering sections 22 through 34 as sections 25 through 37 and adding new sections designated sections 22 through 24, following sec. 21, to read as follows:

“Sec. 22. 1. Unless made confidential by specific statute, a restricted document may be inspected only by a person who provides:

(a) His name;

(b) A copy of his driver’s license or other photographic identification that is issued by a governmental entity;

(c) The name of his employer, if any;

(d) His citizenship; and

(e) Except as otherwise provided in this paragraph, a statement of the purpose for the inspection. A person is not required to indicate the purpose for inspecting a restricted document if the person is an employee of any fire-fighting or law enforcement agency.

2. Except as otherwise provided in subsection 3, a public officer or employee shall observe any person while the person inspects a restricted document in a location and in a manner which ensures that the person does not copy, duplicate or reproduce the restricted document in any way.

3. A restricted document may be copied, duplicated or reproduced:

(a) Upon the lawful order of a court of competent jurisdiction;

(b) As is reasonably necessary in the case of an act of terrorism or other related emergency;

(c) To protect the rights and obligations of a governmental entity or the public;

(d) Upon the request of a reporter or editorial employee who is employed by or affiliated with a newspaper, press association or commercially operated and federally licensed radio or television station and who uses the restricted document in the course of such employment or affiliation; or

(e) Upon the request of a registered architect, licensed contractor or a designated employee of any such architect or contractor who uses the restricted document in his professional capacity.

4. A public officer or employee shall inform any person who inspects a restricted document of the provisions of this section.

Sec. 23. 1. A public officer or employee who is the custodian of a restricted document shall establish a log to record:

(a) The information described in subsection 1 of section 22 of this act when a person is allowed to inspect the document; and

(b) The date and time of the inspection.

2. The log is not a public record and may be inspected only by:

(a) A representative of a law enforcement agency; or

(b) A reporter or editorial employee who is employed by or affiliated with a newspaper, press association or commercially operated and federally licensed radio or television station.

Sec. 24. Nothing in section 22 or 23 of this act shall be deemed to prohibit a public officer or employee from contacting a law enforcement agency to report a suspicious or unusual request to inspect a restricted document.”.

Amend sec. 22, page 8, by deleting lines 29 through 32 and inserting:

“(a) The Division of Emergency Management of the Department of Public Safety; and

(b) Each response agency that provides services to the political”.

Amend sec. 22, page 9, line 11, by deleting “23” and inserting “26”.

Amend sec. 24, page 11, by deleting lines 19 through 28 and inserting:

“(a) Conduct a vulnerability assessment in accordance with the requirements of the federal and regional agencies that regulate the utility; and

(b) Prepare and maintain an emergency response plan in accordance with the requirements of the federal and regional agencies that regulate the utility.”.

Amend sec. 24, page 11, by deleting lines 32 and 33 and inserting: “plan to the Division of Emergency Management of the Department of Public Safety;”.

Amend sec. 24, page 11, by deleting lines 40 and 41 and inserting: “Division of Emergency Management of the Department of Public Safety.”.

Amend sec. 24, page 12, by deleting line 6 and inserting: “this section or the operations of the utility, as determined by the Division of Emergency Management of the Department of Public Safety; or”.

Amend sec. 24, page 12, by deleting line 8 and inserting: “involving public health or safety, as determined by the Division of Emergency Management of the Department of Public Safety.”.

Amend sec. 25, page 12, by deleting line 41 and inserting: “the sole purpose of establishing false proof of age, including, without limitation, establishing false proof of age to game, purchase alcoholic beverages or purchase cigarettes or other tobacco products, the person is”.

Amend sec. 27, page 14, line 3, by deleting “2003,” and inserting “2004,”.

Amend sec. 27, page 14, line 9, by deleting “2003,” and inserting “2004,”.

Amend sec. 27, page 14, between lines 20 and 21, by inserting:

“(c) “System of communication” has the meaning ascribed to it in
section 10.7 of this act.”.

Amend sec. 28, page 14, line 23, by deleting “2003,” and inserting “2004,”.

Amend sec. 28, page 14, line 29, by deleting “2003,” and inserting “2004,”.

Amend sec. 28, page 14, between lines 41 and 42, by inserting:

“(c) “System of communication” has the meaning ascribed to it in
section 10.7 of this act.”.

Amend sec. 30, page 16, by deleting lines 30 through 32 and inserting: “obtaining, inspecting and maintaining the defibrillators;

(b) Shall ensure that those defibrillators are inspected and maintained on a regular basis; and

(c) Shall encourage the entity where the automated external defibrillator is placed to require any employee who will use the automated external defibrillator to successfully complete the training requirements of a course in basic emergency care of a person in cardiac arrest that includes training in the operation and use of an automated external defibrillator and is conducted in accordance with the standards of the American Heart Association, the American National Red Cross or any other similar organization.”

Amend sec. 32, page 19, by deleting line 18 and inserting: “the age of a person, including, without limitation, to establish false proof of age to game, purchase alcoholic beverages or purchase cigarettes or other tobacco products, the person is guilty of a misdemeanor.”.

Amend sec. 33, page 19, line 24, after “license” by inserting: “or identification card”.

Amend sec. 33, page 19, line 36, after “license” by inserting: “or identification card”.

Amend sec. 33, page 19, line 40, by deleting “license.” and inserting: “license or identification card.

4. With respect to any document described in subsection 1, the Department may, if the document has expired, refuse to accept the document or refuse to issue an identification card to the person presenting the document, or both.

5. The Director shall adopt regulations setting forth criteria pursuant to which the Department will issue or refuse to issue an identification card in accordance with this section to a person who is a citizen of a foreign country. The criteria must be based upon the purpose for which that person is present within the United States.”.

Amend the bill as a whole by deleting sections 35 through 45 and renumbering sections 46 through 48 as sections 38 through 40.

Amend sec. 46, page 25, lines 21, 25, 33 and 36, by deleting “30” and inserting “33”.

Amend sec. 46, page 26, line 1, by deleting “30” and inserting “33”.

Amend sec. 47, pages 26 and 27, by deleting lines 32 through 45 on
page 26 and lines 1 through 5 on page 27, and inserting:

“1. The Senate Majority Leader shall appoint two members of the Senate to the Nevada Commission on Homeland Security pursuant to subsection 2 of section 12 of this act to terms that expire on June 30, 2005.

2. The Speaker of the Assembly shall appoint two members of the Assembly to the Nevada Commission on Homeland Security pursuant to subsection 3 of section 12 of this act to terms that expire on June 30, 2005.

3. The Governor shall appoint 10 voting members to the Nevada Commission on Homeland Security pursuant to subsection 4 of section 12 of this act to terms that expire on June 30, 2006.”.

Amend sec. 48, page 27, line 6, before “This” by inserting “1.”.

Amend sec. 48, page 27, after line 6, by inserting:

“2. The provisions of sections 21 to 24, inclusive, of this act expire by limitation on June 30, 2007.”.

Amend the title of the bill by deleting the eleventh through thirteenth lines and inserting: “utilities; providing for the”.

Assemblyman Anderson moved the adoption of the amendment.

Remarks by Assemblyman Anderson.

Amendment adopted.

Assemblyman Anderson moved that upon return from the printer Assembly Bill No. 441 be re-referred to the Committee on Ways and Means.

Motion carried.

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

Assembly Bill No. 458.

Bill read second time.

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

Amendment No. 231.

Amend the bill as a whole by deleting section 1 and renumbering sec. 2 as section 1.

Amend sec. 2, page 2, lines 12 and 13, by deleting: “workmen ~~[.]~~ and the rate of compensation for overtime, as required pursuant to NRS 608.018.” and inserting “workmen.”.

Amend sec. 2, page 2, lines 22 through 24, by deleting: “and the rate of compensation for overtime, as required pursuant to NRS 608.018,”.

Amend sec. 2, page 2, by deleting line 26 and inserting:

“3. Except as otherwise provided in subsection 4, a contractor or subcontractor shall pay to a mechanic or workman employed by the contractor or subcontractor on the public work not less than one and one-half times the prevailing rate of wages applicable to the class of the mechanic or workman whenever the mechanic or workman works:

(a) More than 40 hours in any scheduled week of work; or

(b) More than 8 hours in any workday.

4. The provisions of subsection 3 do not apply to a mechanic or workman who is covered by a collective bargaining agreement that provides for the payment of wages at not less than one and one-half times the rate of wages set forth in the collective bargaining agreement for work in excess of
40 hours in any scheduled week of work or 8 hours in any workday.

5. The prevailing wage ~~[so]~~ and any wages paid for overtime pursuant to subsection 3 or 4 to each class of mechanics or”.

Amend sec. 2, page 2, line 29, by deleting “4.” and inserting “~~[4.]~~ 6.”.

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

“Sec. 2. NRS 608.018 is hereby amended to read as follows:

608.018 1. Except as otherwise provided in ~~[subsection 2,]~~ this section, an employer shall pay one and one-half times an employee’s regular wage rate whenever an employee works:

(a) More than 40 hours in any scheduled week of work; or

(b) More than 8 hours in any workday unless by mutual agreement the employee works a scheduled 10 hours per day for 4 calendar days within any scheduled week of work.

2. The provisions of subsection 1 do not apply to:

(a) Employees who are not covered by the minimum wage provisions of NRS 608.250;

(b) Employees who receive compensation for employment at a rate not less than one and one-half times the minimum rate prescribed pursuant to NRS 608.250;

(d) Salesmen earning commissions in a retail business if their regular rate is more than one and one-half times the minimum wage, and more than
one-half their compensation comes from commissions;

(e) Employees who are employed in bona fide executive, administrative or professional capacities;

(f) Employees covered by collective bargaining agreements which provide otherwise for overtime;

(g) Drivers, drivers’ helpers, loaders and mechanics for motor carriers subject to the Motor Carrier Act of 1935, as amended;

(h) Employees of a railroad;

(i) Employees of a carrier by air;

(j) Drivers or drivers’ helpers making local deliveries and paid on a
trip-rate basis or other delivery payment plan;

(k) Drivers of taxicabs or limousines;

(l) Agricultural employees;

(m) Employees of business enterprises having a gross sales volume of less than $250,000 per year; and

(n) Any salesman or mechanic primarily engaged in selling or servicing automobiles, trucks or farm equipment.

3. The provisions of this section do not apply to a mechanic or workman for any hours to which the provisions of subsection 3 or 4 of NRS 338.020 apply.”.

Amend the title of the bill to read as follows:

“AN ACT relating to public works; requiring the payment of overtime to mechanics and workmen employed on public works under certain circumstances; clarifying the authority of the Labor Commissioner to enforce that requirement; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Requires payment of overtime to mechanics and workmen employed on public works under certain circumstances. (BDR 28‑1304)”.

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. 460.

Bill read second time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 215.

Amend sec. 4, page 2, line 36, by deleting “A” and inserting:

“1. Except as otherwise provided in subsection 2, a”.

Amend sec. 4, page 2, between lines 39 and 40, by inserting:

“2. Subsection 1 does not apply to a child who is assisting in an inspection pursuant to NRS 202.2496.”.

Amend the bill as a whole by deleting sec. 5 and adding:

“Sec. 5. (Deleted by amendment.)”.

Amend sec. 6, page 3, line 31, by deleting “described in” and inserting “prohibited by”.

Amend sec. 7, page 5, line 40, by deleting “described in” and inserting “prohibited by”.

Amend sec. 9, page 6, line 34, by deleting “37,” and inserting “58,”.

Amend sec. 12, page 7, by deleting lines 4 and 5 and inserting:

“1. Falsely depicts a stamp approved by the Department or a tax stamp authorized pursuant to the laws of any other state governing the taxation of cigarettes; or

2. Was not sold by the Department or its agents or pursuant to the laws of any other state governing the taxation of cigarettes.”.

Amend the bill as a whole by deleting sec. 15 and adding:

“Sec. 15. (Deleted by amendment.)”.

Amend sec. 18, page 7, by deleting lines 27 through 33 and inserting:

“Sec. 18. “Manufacturer” means any person who:

1. Manufactures, fabricates, assembles, processes or labels a finished cigarette; or

2. Imports, whether directly or indirectly, a finished cigarette for sale or distribution in”.

Amend sec. 24, page 8, by deleting lines 14 through 20 and inserting:

“(c) Has been convicted of a crime relating to the sale of stolen or counterfeit cigarettes or stamps or the receipt of stolen cigarettes;

(d) Is a manufacturer who has:”.

Amend sec. 24, page 8, by deleting lines 26 and 27 and inserting:

“(e) Is a nonparticipating manufacturer, as defined in section 46 of this act, who is not in full compliance with subsection 2 of NRS 370A.140.”.

Amend sec. 24, page 8, line 30, by deleting “NRS.” and inserting: “NRS and sections 38 to 58, inclusive, of this act.”.

Amend sec. 26, page 8, lines 39 and 40, by deleting: “manufacturer or importer,” and inserting: “person who holds a current permit to engage in business as a manufacturer or importer of cigarettes issued pursuant to
26 U.S.C. § 5713,”.

Amend sec. 27, page 9, by deleting lines 21 through 34 and inserting:

“(a) The inventory of stamped and unstamped cigarette packages held by the wholesale dealer for sale or distribution within the borders of this state on hand at the beginning of the reporting period;

(b) The inventory of cigarette packages held by the wholesale dealer for sale or distribution outside of the borders of this state on hand at the beginning of the reporting period;

(c) The quantity of stamped cigarette packages held for sale or distribution within the borders of this state that were received by the wholesale dealer from another person during the reporting period, and the name and address of each person from whom those products were received;

(d) The quantity of cigarette packages held for sale or distribution outside of the borders of this state that were received by the wholesale dealer from another person during the reporting period, and the name and address of each person from whom those products were received;

(e) The quantity of cigarette packages to which Nevada stamps were affixed that were distributed or shipped to another wholesale dealer or to a retail dealer within the borders of this state during the reporting period, and the name and address of each person to whom those products were distributed or shipped;

(f) The quantity of cigarette packages to which Nevada stamps were affixed that were distributed or shipped to another facility of the same wholesale dealer within the borders of this state during the reporting period;

(g) The quantity of stamped cigarette packages that were distributed or shipped within the borders of this state to Indian tribal entities or instrumentalities of the Federal Government during the reporting period, and the name and address of each person to whom those products were distributed or shipped;

(h) The quantity of cigarette packages held for distribution outside of the borders of this state that were distributed or shipped outside of the borders of this state during the reporting period;

(i) The inventory of stamped and unstamped cigarette packages held for sale or distribution within the borders of this state on hand at the end of the reporting period;

(j) The inventory of cigarette packages held for sale or distribution outside of the borders of this state on hand at the end of the reporting period;

(k) The number of each type of stamp on hand at the beginning of the reporting period;

(l) The number of each type of stamp purchased or received during the reporting period;

(m) The number of each type of stamp applied during the reporting period; and

(n) The number of each type of stamp on hand at the end of the reporting period.”.

Amend sec. 29, page 11, by deleting lines 3 through 5.

Amend sec. 29, page 11, line 6, by deleting “(c)” and inserting “(b)”.

Amend sec. 29, page 11, line 9, by deleting “(d)” and inserting “(c)”.

Amend sec. 37, page 14, line 38, by deleting “1.”.

Amend sec. 37, page 14, line 39, by deleting “(a)” and inserting “1.”.

Amend sec. 37, page 14, line 41, by deleting “(b)” and inserting “2.”.

Amend sec. 37, page 15, by deleting lines 1 through 3.

Amend the bill as a whole by renumbering sections 38 through 56 as sections 59 through 77 and adding new sections designated sections 38 through 58, following sec. 37, to read as follows:

“Sec. 38. The Legislature finds that:

1. Violations of the provisions of chapter 370A of NRS threaten the integrity of the Master Settlement Agreement, the fiscal soundness of the State and the public health.

2. The enactment of the procedural enhancements set forth in sections 38 to 58, inclusive, of this act will aid in the enforcement of the provisions of chapter 370A of NRS and thereby safeguard the Master Settlement Agreement, the fiscal soundness of the State and the public health.

Sec. 39. As used in sections 38 to 58, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 40 to 50, inclusive, of this act have the meanings ascribed to them in those sections.

Sec. 40. “Brand family” means all styles of cigarettes sold under the same trademark and differentiated from one another by means of additional modifiers or descriptors, including, but not limited to, “menthol,” “lights,” “kings” and “100s,” and includes any brand name, whether occurring alone or in conjunction with any other word, any trademark, logo, symbol, motto, selling message or recognizable pattern of colors, or any other indicia of product identification identical or similar to, or identifiable with, a previously known brand of cigarettes.

Sec. 41. “Cigarette” has the meaning ascribed to it in NRS 370A.050.

Sec. 42. “Directory” means the directory created pursuant to section 53 of this act.

Sec. 43. “Distributor” means a person that is authorized to affix stamps to cigarette packages pursuant to this chapter or any person that is required to pay the taxes on cigarettes imposed pursuant to this chapter.

Sec. 44. “Manufacturer of tobacco products” has the meaning ascribed to it in NRS 370A.060.

Sec. 45. “Master Settlement Agreement” has the meaning ascribed to it in NRS 370A.070.

Sec. 46. “Nonparticipating manufacturer” means any manufacturer of tobacco products that is not a participating manufacturer.

Sec. 47. “Participating manufacturer” has the meaning ascribed to it in NRS 370A.080.

Sec. 48. “Qualified escrow fund” has the meaning ascribed to it in
NRS 370A.090.

Sec. 49. “Stamp” means the indicia required to be placed on a cigarette package that evidences payment of the taxes on cigarettes imposed pursuant to this chapter.

Sec. 50. “Units sold” has the meaning ascribed to it in NRS 370A.120.

Sec. 51. 1. A manufacturer of tobacco products whose cigarettes are sold in this state, whether directly or through a distributor, retailer or similar intermediary or intermediaries, shall, not later than April 30 of each year, execute and deliver to the Attorney General and the Department, on a form provided by the Department, a certification which certifies under penalty of perjury that, as of the date of that certification, the manufacturer of tobacco products is either:

(a) A participating manufacturer; or

(b) In full compliance with subsection 2 of NRS 370A.140, including any quarterly installment payments required pursuant to section 56 of this act.

2. Except as otherwise provided in section 52 of this act:

(a) A participating manufacturer shall include in its certification pursuant to this section a list of its brand families. The participating manufacturer shall update that list at least 30 calendar days before it adds to or modifies its brand families by executing and delivering a supplemental certification to the Attorney General and the Department.

(b) A nonparticipating manufacturer shall, in its certification pursuant to this section:

(1) Include:

(I) A list of all of its brand families and the number of units sold for each brand family that were sold in the State during the preceding calendar year; and

(II) A list of all of its brand families that have been sold in the State at any time during the current calendar year;

(2) Indicate, by an asterisk, any brand family sold in the State during the preceding calendar year that is no longer being sold in the State as of the date of the certification; and

(3) Identify, by name and address, any other manufacturer of those brand families in the preceding or current calendar year.

A nonparticipating manufacturer shall update the information required by this paragraph at least 30 calendar days before it adds to or modifies its brand families by executing and delivering a supplemental certification to the Attorney General and the Department.

3. In addition to the requirements of subsection 2, the certification of a nonparticipating manufacturer pursuant to this section must certify:

(a) That the nonparticipating manufacturer is registered to do business in the State or has appointed a resident agent for service of process and provided notice thereof as required by section 54 of this act;

(b) That the nonparticipating manufacturer has:

(1) Established and continues to maintain a qualified escrow fund; and

(2) Executed a qualified escrow agreement governing the qualified escrow fund that has been reviewed and approved by the Attorney General;

(c) That the nonparticipating manufacturer is in full compliance with chapter 370A of NRS and any regulations adopted pursuant thereto;

(d) The name, address and telephone number of the financial institution where the nonparticipating manufacturer has established the qualified escrow fund required pursuant to chapter 370A of NRS and any regulations adopted pursuant thereto;

(e) The account number of that qualified escrow fund and any sub-account number for this state;

(f) The amount the nonparticipating manufacturer placed in that qualified escrow fund for cigarettes sold in the State during the preceding calendar year, the date and amount of each such deposit, and such evidence or verification as may be deemed necessary by the Department to confirm the information required by this paragraph; and

(g) The amount and date of any withdrawal or transfer of money the nonparticipating manufacturer made at any time from that qualified escrow fund or from any other qualified escrow fund into which it ever made escrow payments pursuant to chapter 370A of NRS and any regulations adopted pursuant thereto.

Sec. 52. A manufacturer of tobacco products:

1. Shall not include a brand family in its certification pursuant to section 51 of this act unless, if the manufacturer is:

(a) A participating manufacturer, the manufacturer affirms that the brand family is to be deemed to be its cigarettes for purposes of calculating its payments under the Master Settlement Agreement for the relevant year, in the volume and shares determined pursuant to the Master Settlement Agreement; or

(b) A nonparticipating manufacturer, the manufacturer affirms that the brand family is to be deemed to be its cigarettes for purposes of
chapter 370A of NRS.

This subsection must not be construed as limiting or otherwise affecting the right of the State to maintain that a brand family constitutes cigarettes of a different manufacturer of tobacco products for purposes of calculating payments under the Master Settlement Agreement or for purposes of
chapter 370A of NRS.

2. Shall maintain all invoices and documentation of sales, and any other information relied upon by the manufacturer for its certification pursuant to section 51 of this act, for at least 5 years, unless the manufacturer is otherwise required by law to maintain them for a greater period.

Sec. 53. 1. The Department shall create and maintain on its Internet website and otherwise make available for public inspection a directory that lists, except as otherwise provided in sections 38 to 58, inclusive, of this act, all manufacturers of tobacco products that have provided current and accurate certifications conforming to the requirements of sections 38 to 58, inclusive, of this act and all brand families that are listed in those certifications. The Department:

(a) Shall not include or retain in the directory the name or brand families of any nonparticipating manufacturer that has failed to provide the required certification or whose certification the Department determines is not in compliance with sections 38 to 58, inclusive, of this act, unless the Department has determined that such violation has been cured to its satisfaction.

(b) Shall not include or retain in the directory a manufacturer of tobacco products or brand family if the Department concludes, for a nonparticipating manufacturer, that:

(1) Any escrow payment required pursuant to chapter 370A of NRS for any period for any brand family, whether or not listed by the nonparticipating manufacturer, has not been fully paid into a qualified escrow fund governed by a qualified escrow agreement which has been approved by the Attorney General; or

(2) Any outstanding final judgment, including any interest thereon, for a violation of chapter 370A of NRS has not been fully satisfied for that manufacturer or brand family.

2. The Department shall update the directory as necessary to correct mistakes and to add or remove a manufacturer of tobacco products or brand family to keep the directory in conformity with the requirements of sections 38 to 58, inclusive, of this act.

3. Any determination of the Department not to include in or to remove from the directory a manufacturer of tobacco products or brand family is a final decision for the purposes of judicial review.

Sec. 54. 1. Any nonresident or foreign nonparticipating manufacturer that has not registered to do business in the State as a foreign corporation or other business entity must, as a condition precedent to having its brand families included or retained in the directory, appoint and continually engage without interruption the services of an agent in this state to act as its agent for the service of process on whom all process, in any action or proceeding against it concerning or arising out of the enforcement of this chapter, may be served in any manner authorized by law. Such service constitutes legal and valid service of process on the nonparticipating manufacturer. The nonparticipating manufacturer shall provide the name, address, phone number and proof of the appointment and availability of such agent to, and to the satisfaction of, the Attorney General and the Department.

2. A nonparticipating manufacturer shall provide notice to the Attorney General and the Department at least 30 calendar days before the termination of the authority of an agent appointed pursuant to this section and shall provide proof to the satisfaction of the Attorney General and the Department of the appointment of a new agent not less than 5 calendar days before the termination of appointment of an existing agent. If an agent terminates his appointment as an agent, the nonparticipating manufacturer shall notify the Attorney General and the Department of that termination within 5 calendar days and include with that notification proof to the satisfaction of the Attorney General and the Department of the appointment of a new agent.

3. Any nonparticipating manufacturer whose cigarettes are sold in this state and who has not appointed and engaged an agent as required by this section shall be deemed to have appointed the Secretary of State as such agent and may be proceeded against in courts of this state by service of process upon the Secretary of State, except that the appointment of the Secretary of State as such agent does not satisfy the condition precedent for having the brand families of the nonparticipating manufacturer included or retained in the directory.

Sec. 55. 1. Not later than 20 calendar days after the end of each calendar quarter, and more frequently if so directed by the Department, each distributor shall submit such information as the Department requires to facilitate compliance with the provisions of sections 38 to 58, inclusive, of this act, including, without limitation, a list by brand family of the total number of cigarettes or, in the case of “roll-your-own” tobacco, the equivalent unit count, for which the distributor affixed stamps during the previous calendar quarter or otherwise paid the tax due for those cigarettes. The distributor shall maintain for at least 5 years, and make available to the Department, all invoices and documentation of sales of all cigarettes of nonparticipating manufacturers and any other information relied upon in reporting to the Department.

2. The Department may disclose to the Attorney General any information received pursuant to sections 38 to 58, inclusive, of this act and requested by the Attorney General for purposes of determining compliance with and enforcing the provisions of sections 38 to 58, inclusive, of this act. The Department and Attorney General shall share with each other the information received pursuant to the provisions of sections 38 to 58, inclusive, of this act, and may share such information with other federal, state or local agencies only for purposes of enforcement of those provisions, the provisions of chapter 370A of NRS or the corresponding laws of other states.

3. The Department may require at any time from a nonparticipating manufacturer proof, from the financial institution in which that manufacturer has established a qualified escrow fund for the purpose of compliance with chapter 370A of NRS, of the amount of money in that fund, exclusive of interest, the amount and date of each deposit to that fund, and the amount and date of each withdrawal from that fund.

4. In addition to the information otherwise required to be submitted pursuant to sections 38 to 58, inclusive, of this act, the Department may require a distributor or manufacturer of tobacco products to submit any additional information, including, without limitation, samples of the packaging or labeling of each brand family, as is necessary to enable the Department to determine whether a manufacturer of tobacco products is in compliance with the provisions of sections 38 to 58, inclusive, of this act.

5. Every distributor shall provide to the Department and update as necessary an electronic mail address for receiving any notifications as may be required to carry out sections 38 to 58, inclusive, of this act.

Sec. 56. 1. To promote compliance with the provisions of
NRS 370A.140, the Department may adopt regulations requiring a manufacturer of tobacco products to make the escrow deposits required by NRS 370A.140 in quarterly installments during the year in which the sales covered by those deposits are made. The Department may require the production of information sufficient to enable the Department to determine the adequacy of the amount of each quarterly installment.

2. The Department may adopt such regulations as it deems necessary to carry out the provisions of sections 38 to 58, inclusive, of this act.

Sec. 57. 1. It is unlawful for any person to:

(a) Affix a stamp to a package or other container of cigarettes of a manufacturer of tobacco products or brand family which is not included in the directory; or

(b) Sell, or offer or possess for sale, in this state cigarettes of a manufacturer of tobacco products or brand family not included in the directory.

2. A person who violates any provision of subsection 1 is guilty of a gross misdemeanor.

3. In addition to any other penalty authorized by law, the Department may impose on each person who violates any provision of subsection 1 a civil penalty for each such violation of not more than $5,000 or 500 percent of the retail value of the cigarettes involved in the violation, whichever is greater.

4. Any violation of subsection 1 constitutes a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive.

5. For the purposes of this section, each stamp affixed to and each sale or offer to sell cigarettes in violation of subsection 1 constitutes a separate violation.

Sec. 58. 1. The Attorney General, on behalf of the Department, may bring an action in the district court of this state to:

(a) Enjoin any threatened or actual violation of the provisions of sections 38 to 58, inclusive, of this act by a distributor and to compel the distributor to comply with those provisions; or

(b) Enforce any of the provisions of sections 38 to 58, inclusive, of this act.

2. In any action brought by the State to enforce the provisions of sections 38 to 58, inclusive, of this act, the State is entitled to recover any costs of investigation, expert witness fees, costs of the action and reasonable attorney fees.

3. If a court determines that any person has violated any provision of sections 38 to 58, inclusive, of this act, the court shall order any profits, gain, gross receipts or other benefit from the violation to be disgorged and paid to the State Treasurer for deposit in the State General Fund.

4. The remedies and penalties provided in sections 38 to 58, inclusive, of this act are cumulative to each other and to the remedies and penalties available under any other law of this state.”.

Amend sec. 40, page 15, line 27, by deleting “71” and inserting “57”.

Amend sec. 48, page 18, lines 17 and 21, by deleting “72 hours” and inserting “10 days”.

Amend sec. 48, page 18, by deleting line 25 and inserting: “person who holds a current permit to engage in business as a manufacturer or importer of cigarettes issued pursuant to 26 U.S.C. § 5713.”.

Amend sec. 49, page 19, line 5, by deleting: “65 to 70,” and inserting:
“51 to 57,”.

Amend sec. 51, page 20, line 17, after “Government,” by inserting “this state,”.

Amend the bill as a whole by deleting sections 57 through 72, renumbering sec. 73 as sec. 80 and adding new sections designated sections 78 and 79, following sec. 56, to read as follows:

“Sec. 78. NRS 370.525 is hereby amended to read as follows:

370.525 1. Except as otherwise provided in subsection 2, a person may institute a civil action in a court of competent jurisdiction for appropriate injunctive relief if the person:

(a) Sells, distributes or manufactures cigarettes; and

(b) Sustains direct economic or commercial injury as a result of a violation of ~~[subsection 4 of NRS 370.240 or NRS 370.385.]~~ NRS 370.080 to 370.315, inclusive, and sections 24 to 32, inclusive, of this act,
NRS 370.380, 370.385 or 370.410, or section 35, 36 or 37 of this act.

2. Nothing in this section authorizes an action against this state, a political subdivision of this state, or an officer, employee or agency thereof.

Sec. 79. NRS 370.530 is hereby amended to read as follows:

370.530 1. The Attorney General or the district attorney of the proper county may investigate and prosecute any civil or criminal violation of this chapter.

2. Sheriffs, within their counties, and all other peace officers of the State of Nevada ~~[are charged with the duty,]~~ shall, without further compensation, ~~[of assisting]~~ assist in the enforcement of this chapter.”.

Amend sec. 73, page 29, line 12, by deleting: “~~[shall]~~ is entitled to” and inserting “shall”.

Amend sec. 73, page 29, by deleting lines 22 through 29 and inserting: “amount it was required to deposit into escrow on account of units sold in the State in a particular year was greater than ~~[this state’s allocable share of the total payments that the manufacturer would have been required to make in that year under]~~ the Master Settlement Agreement payments, as determined pursuant to section IX(i) of that Agreement including after final determination of all adjustments, that such manufacturer would have been required to make on account of such units sold if the manufacturer had been a”.

Amend the bill as a whole by renumbering sections 74 and 75 as sections 83 and 84 and adding new sections designated sections 81 and 82, following sec. 73, to read as follows:

“Sec. 81. NRS 370A.150 is hereby amended to read as follows:

370A.150 A manufacturer of tobacco products that deposits money into escrow pursuant to subsection 2 of NRS 370A.140 shall receive the interest or other appreciation on the deposit as earned. The principal of the deposit may be released from escrow only under the following circumstances:

1. To pay a judgment or settlement on a released claim brought against that manufacturer by this state or by a releasing party located or residing in this state. Money may be released from escrow under this subsection only in the order in which it was deposited into escrow and only to the extent and at the time necessary to make payments required under the judgment or settlement.

2. [To the extent that the manufacturer establishes that the amount it was required to deposit into escrow on account of units sold in the State in a particular year was greater than the Master Settlement Agreement payments, as determined pursuant to section IX(i) of that Agreement including after final determination of all adjustments, that such manufacturer would have been required to make on account of such units sold if the manufacturer had been a participating manufacturer, the excess must be released from escrow and revert to the manufacturer.

~~3.]~~ To the extent not released from escrow under subsection 1 , ~~[or 2,]~~ deposits must be released from escrow and revert to the manufacturer
25 years after the date on which they were deposited.

Sec. 82. NRS 370A.150 is hereby amended to read as follows:

2. To the extent that the manufacturer establishes that the amount it was required to deposit into escrow in a particular year was greater than this state’s allocable share of the total payments that the manufacturer would have been required to make in that year under the Master Settlement Agreement if the manufacturer had been a participating manufacturer, as such payments are determined pursuant to section IX(i)(2) of that Agreement and before any of the adjustments or offsets described in section IX(i)(3) of that Agreement other than the inflation adjustment, the excess must be released from escrow and revert to the manufacturer.

3. To the extent not released from escrow under subsection 1 ~~[,]~~ or 2, deposits must be released from escrow and revert to the manufacturer
25 years after the date on which they were deposited.”.

Amend sec. 74, page 29, line 38, by deleting “69” and inserting “55”.

Amend sec. 74, page 29, line 40, by deleting “65” and inserting “51”.

Amend sec. 74, page 29, line 44, by deleting “67” and inserting “53”.

Amend sec. 75, page 30, by deleting lines 1 and 2 and inserting:

“Sec. 84. 1. This section and sections 1 to 56, inclusive, 58 to 80, inclusive, and 83 of this act become effective:”.

Amend sec. 75, page 30, line 7, by deleting “71” and inserting “57”.

Amend sec. 75, page 30, after line 7, by inserting:

“3. Section 81 of this act becomes effective on the date a court of competent jurisdiction enters a judgment determining that the amendatory provisions of section 80 of this act are unconstitutional.

4. Section 82 of this act becomes effective on the date a court of competent jurisdiction enters a judgment determining that the amendatory provisions of section 81 of this act are unconstitutional.”.

Assemblyman Anderson moved the adoption of the amendment.

Remarks by Assemblyman Anderson.

Amendment adopted.

Assemblyman Anderson moved that upon return from the printer Assembly Bill No. 460 be re-referred to the Committee on Ways and Means.

Motion carried.

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

Assembly Bill No. 485.

Bill read second time.

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

Amendment No. 313.

Amend section 1, page 2, line 21, by deleting “own” and inserting “own,”.

Amend section 1, page 2, by deleting line 24 and inserting: “the requirements set forth in section 107(q)(1) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980,
42 U.S.C. § 9607(q)(1).”.

Amend section 1, page 2, by deleting lines 32 and 33 and inserting: “that are incurred and unrecovered by the State of Nevada with respect to real property for which a bona fide prospective purchaser of the real property is not liable”.

Amend section 1, page 2, by deleting lines 40 through 43 and inserting:

“(b) May, with respect to those incurred and unrecovered costs and by agreement with the bona fide prospective purchaser of the real property, obtain from that bona fide prospective purchaser:

(1) A lien on any other real property owned by the bona fide prospective purchaser;”.

Amend section 1, page 3, by deleting line 9 and inserting: “ascribed to it in section 101(40) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. § 9601(40).”.

Amend section 1, page 3, by deleting line 18 and inserting: “exemption from liability set forth in section 107(b)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980,
42 U.S.C. § 9607(b)(3).”.

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. 507.

Bill read second time.

The following amendment was proposed by the Committee on Education:

Amendment No. 382.

Amend section 1, page 1, line 5, after “degree,” by inserting: “including, without limitation, a degree of associate in applied science,”.

Amend section 1, page 1, line 9, after “university” by inserting: “or state college”.

Amend section 1, page 1, line 13, by deleting “university;” and inserting: “university ~~[;]~~ or state college, as applicable;”.

Amend section 1, page 1, line 15, by deleting “university.” and inserting: “university ~~[.]~~ or state college, as applicable.”.

Amend the title of the bill, fourth line, after “a university” by inserting: “or state college”.

Amend the summary of the bill to read as follows:

“SUMMARY—Revises provisions governing transferability of certain community college credits to university or state college. (BDR 34‑254)”.

Assemblyman Williams moved the adoption of the amendment.

Remarks by Assemblyman Williams.

Amendment adopted.

Bill ordered reprinted, engrossed, and to third reading.

Assembly Bill No. 508.

Bill read second time.

The following amendment was proposed by the Committee on Education:

Amendment No. 291.

Amend the bill as whole by deleting sections 1 through 3 and adding new sections designated sections 1 through 6 to read as follows:

“Section 1. NRS 386.590 is hereby amended to read as follows:

386.590 1. Except as otherwise provided in this subsection, at least
70 percent of the teachers who provide instruction at a charter school must be licensed teachers. If a charter school is a vocational school, the charter school shall, to the extent practicable, ensure that at least 70 percent of the teachers who provide instruction at the school are licensed teachers, but in no event may more than 50 percent of the teachers who provide instruction at the school be unlicensed teachers.

2. A governing body of a charter school shall employ:

(a) If the charter school offers instruction in kindergarten or grade 1, 2, 3, 4 or 5, a licensed teacher to teach pupils who are enrolled in those grades.

(b) If the charter school offers instruction in grade 6, 7, 8, 9, 10, 11 or 12, a licensed teacher to teach pupils who are enrolled in those grades for the following courses of study:

(1) English, including reading, composition and writing;

(2) Mathematics;

(3) Science; and

(4) Social studies, which includes :

(I) Except as otherwise provided in sub-subparagraph (II), only the subjects of history, geography, economics and government.

(II) In addition to the provisions of sub-subparagraph (I), for kindergarten and grades 1 to 5, inclusive, the study of cultures of various ethnic and racial groups represented in the United States.

(1) If a charter school specializes in arts and humanities, physical education or health education, a licensed teacher to teach those courses of study.

(2) If a charter school specializes in the construction industry or other building industry, licensed teachers to teach courses of study relating to the industry if those teachers are employed full-time.

(3) If a charter school specializes in the construction industry or other building industry and the school offers courses of study in computer education, technology or business, licensed teachers to teach those courses of study if those teachers are employed full-time.

3. A charter school may employ a person who is not licensed pursuant to the provisions of chapter 391 of NRS to teach a course of study for which a licensed teacher is not required pursuant to subsection 2 if the person has:

(a) A degree, a license or a certificate in the field for which he is employed to teach at the charter school; and

(b) At least 2 years of experience in that field.

4. A charter school may employ such administrators for the school as it deems necessary. A person employed as an administrator must possess:

(a) A master’s degree in school administration, public administration or business administration; or

(b) If the person has at least 5 years of experience in administration, a baccalaureate degree.

5. A charter school shall not employ a person pursuant to this section if his license to teach or provide other educational services has been revoked or suspended in this state or another state.

6. On or before November 15 of each year, a charter school shall submit to the Department, in a format prescribed by the Superintendent of
Public Instruction, the following information for each licensed employee who is employed by the governing body on October 1 of that year:

(a) The amount of salary of the employee; and

(b) The designated assignment, as that term is defined by the Department, of the employee.

Sec. 2. NRS 389.018 is hereby amended to read as follows:

389.018 1. The following subjects are designated as the core academic subjects that must be taught, as applicable for grade levels, in all public schools, the Caliente Youth Center and the Nevada Youth Training Center:

(a) English, including reading, composition and writing;

(b) Mathematics;

(d) Social studies, which includes :

(1) Except as otherwise provided in subparagraph (2), only the subjects of history, geography, economics and government.

(2) In addition to the provisions of subparagraph (1), for kindergarten and grades 1 to 5, inclusive, the study of cultures of various ethnic and racial groups represented in the United States.

2. Except as otherwise provided in this subsection, in addition to the core academic subjects, the following subjects must be taught as applicable for grade levels and to the extent practicable in all public schools, the Caliente Youth Center and the Nevada Youth Training Center:

(a) The arts;

(b) Computer education and technology;

(d) Physical education.

If the State Board requires the completion of course work in a subject area set forth in this subsection for graduation from high school or promotion to the next grade, a public school shall offer the required course work. Unless a subject is required for graduation from high school or promotion to the next grade, a charter school is not required to comply with this subsection.

Sec. 3. NRS 389.520 is hereby amended to read as follows:

389.520 1. The Council shall:

(a) Establish standards of content and performance, including, without limitation, a prescription of the resulting level of achievement, for the grade levels set forth in subsection 2, based upon the content of each course, that is expected of pupils for the following courses of study:

(1) English, including reading, composition and writing;

(2) Mathematics;

(3) Science;

(4) Social studies, which includes :

(I) Except as otherwise provided in sub-subparagraph (II), only the subjects of history, geography, economics and government ~~[;]~~ .

(5) The arts;

(6) Computer education and technology;

(7) Health; and

(8) Physical education.

(b) Establish a schedule for the periodic review and, if necessary, revision of the standards of content and performance. The review must include, without limitation, the review required pursuant to NRS 389.570 of the results of pupils on the examinations administered pursuant to NRS 389.550.

(c) Assign priorities to the standards of content and performance relative to importance and degree of emphasis and revise the standards, if necessary, based upon the priorities.

2. The Council shall establish standards of content and performance for each grade level in kindergarten and grades 1 to 8, inclusive, for English and mathematics. The Council shall establish standards of content and performance for the grade levels selected by the Council for the other courses of study prescribed in subsection 1.

3. The State Board shall adopt the standards of content and performance established by the Council.

4. The Council shall work in cooperation with the State Board to prescribe the examinations required by NRS 389.550.

Sec. 4. The Council to Establish Academic Standards for Public Schools shall:

1. On or before January 1, 2004, revise the standards of content and performance for social studies to comply with the amendatory provisions of section 3 of this act.

2. On or before February 1, 2005, submit the revised standards to the Director of the Legislative Counsel Bureau for transmission to the
73rd Session of the Nevada Legislature.

Sec. 5. On or before April 1, 2004, the State Board of Education shall adopt the standards of content and performance for social studies revised by the Council to Establish Academic Standards for Public Schools pursuant to the amendatory provisions of section 3 of this act. The revised standards must be carried out in elementary schools commencing with the 2004-2005 school year.

Sec. 6. 1. This section and sections 3, 4 and 5 of this act become effective on July 1, 2003.

2. Sections 1 and 2 of this act become effective on July 1, 2004.”.

Amend the title of the bill to read as follows:

“AN ACT relating to education; requiring the Council to Establish Academic Standards for Public Schools to revise the academic standards in social studies for certain grade levels to include the study of certain cultures; revising related provisions that set forth the core academic subjects in public schools; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Revises provisions governing academic standards for certain grade levels to include certain cultural studies. (BDR 34‑1217)”.

Assemblyman Williams moved the adoption of the amendment.

Remarks by Assemblyman Williams.

Amendment adopted.

Bill ordered reprinted, engrossed, and to third reading.

Assembly Bill No. 513.

Bill read second time.

The following amendment was proposed by the Committee on Education:

Amendment No. 366.

Amend sec. 2, page 2, by deleting lines 20 through 22.

Amend sec. 2, page 2, line 23, by deleting “(2)” and inserting “(1)”.

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

“(2) Methods to improve the school environment in a”.

Amend sec. 2, page 2, line 30, by deleting “(4)” and inserting “(3)”.

Assemblyman Williams moved the adoption of the amendment.

Remarks by Assemblymen Williams and Hardy.

Amendment adopted.

Bill ordered reprinted, engrossed, and to third reading.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Williams moved that Assembly Bill No. 510 be taken from the General File and placed on the Chief Clerk's desk.

Motion carried.

Assemblyman Williams moved that upon return from the printer
Assembly Bill No. 513 be re-referred to the Committee on Ways and Means.

Motion carried.

Assemblyman Williams moved that upon return from the printer
Assembly Bill No. 508 be re-referred to the Committee on Ways and Means.

Motion carried.

UNFINISHED BUSINESS

Consideration of Senate Amendments

Assembly Bill No. 53.

The following Senate amendment was read:

Amendment No. 83.

Amend section 1, page 2, by deleting lines 5 through 16, and inserting:

“(c) “Provider of health care” includes any of the following persons, if the person is rendering emergency care or assistance in an emergency:

(1) A physician or physician assistant.

(2) A practitioner of respiratory care.

(3) An osteopathic physician or osteopathic physician’s assistant.

(4) A medical laboratory technician.

(5) A nurse, student nurse or certified nursing assistant.

(6) An attendant on an ambulance or air ambulance.

(7) An emergency medical technician.”.

Assemblyman Anderson moved that the Assembly do not concur in the Senate amendment to Assembly Bill No. 53.

Remarks by Assemblyman Anderson.

Motion carried.

Bill ordered transmitted to the Senate.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblywoman Koivisto moved that Assembly Bill No. 323 be taken from the General File and placed on the Chief Clerk's desk.

Remarks by Assemblywoman Koivisto.

Motion carried.

Assemblywoman Koivisto moved that Assembly Bill No. 395 be taken from the General File and placed on the General File for the next legislative day.

Motion carried.

Assemblyman Collins moved that Assembly Bill No. 488 be taken from the General File and re-referred to the Committee on Ways and Means.

Motion carried.

REPORTS OF COMMITTEES

Mr. Speaker:

Your Committee on Health and Human Services, to which was referred Assembly Bill
No. 378, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Ellen Koivisto, Chairman

Mr. Speaker:

Your Committee on Transportation, to which was referred Assembly Bill No. 192, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Also, your Committee on Transportation, to which were referred Assembly Bills Nos. 267, 346, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Vonne Chowning, Chairman

Mr. Speaker:

Your Concurrent Committee on Transportation, to which was referred Assembly Bill
No. 477, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Vonne Chowning, Chairman

Mr. Speaker:

Your Committee on Ways and Means, to which was referred Assembly Bill No. 256, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Also, your Committee on Ways and Means, to which was re-referred Assembly Bill No. 445, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Morse Arberry Jr., Chairman

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

Assembly in recess at 11:31 a.m.

ASSEMBLY IN SESSION

At 11:33 a.m.

Mr. Speaker presiding.

Quorum present.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblywoman Buckley moved that Assembly Bills Nos. 192, 256, 267, 346, 378, and 477 be placed on the Second Reading File.

Motion carried.

Assemblywoman Buckley moved that Assembly Bill No. 445 be placed at the top of the General File.

Motion carried.

Notice of Exemption

April 17, 2003

The Fiscal Analysis Division, pursuant to Joint Standing Rule 14.6, has determined the exemption of: Assembly Bill No. 510.

Mark Stevens

Fiscal Analysis Division

general file and third reading

Assembly Bill No. 86.

Bill read third time.

Remarks by Assemblyman Goicoechea.

Roll call on Assembly Bill No. 86:

Yeas—41.

Nays—None.

Excused—Goldwater.

Assembly Bill No. 86 having received a constitutional majority,
Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Assembly Bill No. 258.

Bill read third time.

Remarks by Assemblywomen Giunchigliani and Weber.

Roll call on Assembly Bill No. 258:

Yeas—31.

Nays—Angle, Carpenter, Chowning, Claborn, Collins, Grady, Gustavson, Hardy, Mabey, Weber—10.

Excused—Goldwater.

Assembly Bill No. 258 having received a constitutional majority,
Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Oceguera moved that Assembly Bill No. 274 be taken from the General File and placed on the General File for the next legislative day.

Motion carried.

general file and third reading

Assembly Bill No. 291.

Bill read third time.

Remarks by Assemblywoman Giunchigliani.

Roll call on Assembly Bill No. 291:

Yeas—41.

Nays—None.

Excused—Goldwater.

Assembly Bill No. 291 having received a constitutional majority,
Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Assembly Bill No. 293.

Bill read third time.

Remarks by Assemblyman Conklin.

Roll call on Assembly Bill No. 293:

Yeas—40.

Nays—None.

Excused—Giunchigliani, Goldwater—2.

Assembly Bill No. 293 having received a constitutional majority,
Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Assembly Bill No. 349.

Bill read third time.

Roll call on Assembly Bill No. 349:

Yeas—40.

Nays—None.

Excused—Giunchigliani, Goldwater—2.

Assembly Bill No. 349 having received a constitutional majority,
Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

MOTIONS, RESOLUTIONS AND NOTICES

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

Motion carried.

general file and third reading

Assembly Bill No. 450.

Bill read third time.

Remarks by Assemblymen Hardy and Griffin.

Conflict of interest declared by Assemblyman Griffin.

Roll call on Assembly Bill No. 450:

Yeas—39.

Nays—None.

Not Voting—Griffin.

Excused—Giunchigliani, Goldwater—2.

Assembly Bill No. 450 having received a constitutional majority,
Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Assembly Bill No. 487.

Bill read third time.

Remarks by Assemblymen Conklin and Carpenter.

Roll call on Assembly Bill No. 487:

Yeas—39.

Nays—Marvel.

Excused—Giunchigliani, Goldwater—2.

Assembly Bill No. 487 having received a constitutional majority,
Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

MOTIONS, RESOLUTIONS AND NOTICES

Notice of Exemption

April 17, 2003

The Fiscal Analysis Division, pursuant to Joint Standing Rule 14.6, has determined the exemption of: Assembly Bill No. 477.

Mark Stevens

Fiscal Analysis Division

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

Assembly in recess at 11:57 a.m.

ASSEMBLY IN SESSION

At 12:03 p.m.

Mr. Speaker presiding.

Quorum present.

REPORTS OF COMMITTEES

Mr. Speaker:

Your Committee on Ways and Means, to which was referred Assembly Bill No. 122, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Morse Arberry Jr., Chairman

MOTIONS, RESOLUTIONS AND NOTICES

Assemblywoman Buckley moved that Assembly Bill No. 122 be placed on the Second Reading File.

Motion carried.

SECOND READING AND AMENDMENT

Assembly Bill No. 192.

Bill read second time.

The following amendment was proposed by the Committee on Transportation:

Amendment No. 129.

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

“Section 1. Chapter 482 of NRS is hereby amended by adding thereto a new section to read as follows:

1. With respect to any special license plate that is issued pursuant to NRS 482.3667 to 482.3825, inclusive, and for which an additional fee is imposed for the issuance of the special license plate to generate financial support for a charitable organization:

(a) The Director shall, at the request of the charitable organization that is benefited by the particular special license plate:

(1) Order the design and preparation of souvenir license plates, the design of which must be substantially similar to the particular special license plate; and

(2) Issue such souvenir license plates, for a fee established pursuant to NRS 482.3825, only to the charitable organization that is benefited by the particular special license plate. The charitable organization may resell such souvenir license plates at a price determined by the charitable organization.

(b) The Department may, except as otherwise provided in this paragraph and after approving the final design of the particular special license plate, issue the special license plate for a trailer or other type of vehicle that is not a passenger car or light commercial vehicle, excluding motorcycles and vehicles required to be registered with the Department pursuant to
NRS 706.801 to 706.861, inclusive, upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. The Department may not issue a special license plate for such other types of vehicles if the Department determines that the design or manufacture of the plate for those other types of vehicles would not be feasible. In addition, if the Department incurs additional costs to manufacture a special license plate for such other types of vehicles, including, without limitation, costs associated with the purchase, manufacture or modification of dies or other equipment necessary to manufacture the special license plate for such other types of vehicles, those additional costs must be paid from private sources without any expense to the State of Nevada.

2. As used in this section, “charitable organization” means a particular cause, charity or other entity that receives money from the imposition of an additional fee in connection with the issuance of a special license plate pursuant to NRS 482.3667 to 482.3825, inclusive. The term includes the successor, if any, of a charitable organization.

Sec. 2. NRS 482.3764 is hereby amended to read as follows:

482.3764 1. Before the Department issues to any person, pursuant to NRS 482.3763:

(a) An initial set of special license plates, it shall:

(1) Collect a special fee for a veterans’ home in the amount of $25; and

(2) Affix a decal to each plate if requested by an applicant who meets the requirements set forth in NRS 482.37635.

(b) An annual renewal sticker, it shall:

(1) Collect a special fee for a veterans’ home in the amount of $20; and

(2) Affix a decal to each plate if requested by an applicant who meets the requirements set forth in NRS 482.37635.

2. The Department shall deposit any money collected pursuant to this section with the State Treasurer for credit to the ~~[Veterans’ Home Account.]~~ Gift Account for Veterans’ Homes, established by subsection 7 of
NRS 417.145.

Sec. 3. NRS 482.37905 is hereby amended to read as follows:

482.37905 1. Except as otherwise provided in this subsection, the Department, in cooperation with the organizations in this state which assist in the donation and procurement of human organs, shall design, prepare and issue license plates that encourage the donation of human organs using any colors and designs that the Department deems appropriate. The Department shall not design, prepare or issue the license plates unless it receives at least 250 applications for the issuance of those plates.

2. ~~[The Department may issue]~~ If the Department receives at least
250 applications for the issuance of license plates that encourage the donation of human organs , the Department shall issue those plates for ~~[any]~~ a passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates that encourage the donation of human organs if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates which encourage the donation of human organs pursuant to ~~[subsection 3.]~~ subsections 3 and 4.

3. The fee for license plates to encourage the donation of human organs is $35, in addition to all other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment of $10.

4. In addition to all other applicable registration and license fees and governmental services taxes and the fee prescribed in subsection 3, a person who, on or after July 1, 2003:

(a) Requests a set of license plates to encourage the donation of human organs must pay for the initial issuance of the plates an additional fee of $25, to be deposited pursuant to subsection 5; and

(b) Renews a set of license plates to encourage the donation of human organs must pay for each renewal of the plates an additional fee of $20, to be deposited pursuant to subsection 5.

5. The Department shall deposit the fees collected pursuant to subsection 4 with the State Treasurer for credit to the Anatomical Gift Account created in the State General Fund by NRS 460.150.

6. If, during a registration year, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, ~~[he may retain]~~ the holder shall:

(a) Retain the plates and [:

~~(a) Affix]~~ affix them to another vehicle that meets the requirements of this section if the ~~[transfer and registration fees are paid as set forth in this chapter; or]~~ holder pays the fee for the transfer of the registration and any registration fee or governmental services tax due pursuant to NRS 482.399; or

(b) Within 30 days after removing the plates from the vehicle, return them to the Department.”.

Amend section 1, page 2, by deleting lines 7 through 14 and inserting: “plates for a passenger car or light commercial vehicle upon application by a person who is entitled to license plates”.

Amend section 1, page 3, by deleting lines 16 through 26.

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

“Sec. 5. NRS 482.37937 is hereby amended to read as follows:

482.37937 1. Except as otherwise provided in this subsection, the Department, in cooperation with the Pyramid Lake Paiute Tribe, shall design, prepare and issue license plates for the support of the preservation and restoration of the natural environment of the Lower Truckee River and Pyramid Lake using any colors that the Department deems appropriate. The design of the license plates must include a depiction of Pyramid Lake and its surrounding area. The Department shall not design, prepare or issue the license plates unless it receives at least 250 applications for the issuance of those plates.

2. If the Department receives at least 250 applications for the issuance of license plates for the support of the preservation and restoration of the natural environment of the Lower Truckee River and Pyramid Lake, the Department shall issue those plates for a passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to
NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates for the support of the preservation and restoration of the natural environment of the Lower Truckee River and Pyramid Lake if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates for the support of the preservation and restoration of the natural environment of the Lower Truckee River and Pyramid Lake pursuant to subsections 3 and 4.

3. The fee for license plates for the support of the preservation and restoration of the natural environment of the Lower Truckee River and Pyramid Lake is $35, in addition to all other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment of $10.

4. In addition to all other applicable registration and license fees and governmental services taxes and the fee prescribed in subsection 3, a person who requests a set of license plates for the support of the preservation and restoration of the natural environment of the Lower Truckee River and Pyramid Lake must pay for the initial issuance of the plates an additional fee of $25 and for each renewal of the plates an additional fee of $20, to be distributed pursuant to subsection 5.

5. The Department shall deposit the fees collected pursuant to subsection 4 with the State Treasurer for credit to the State General Fund. The State Treasurer shall, on a quarterly basis, distribute the fees deposited pursuant to this subsection to the Pyramid Lake Paiute Tribe. The fees deposited pursuant to this subsection may only be used to:

(a) Protect, restore and enhance the water quality and natural resources of or relating to the Lower Truckee River and Pyramid Lake, including, without limitation:

(1) Providing matching money for grants that are available from federal or state agencies for such purposes; and

(2) Paying the costs of the Tribe’s portion of joint projects with local, state or federal agencies for such purposes.

(b) Pay for, or match grants for, projects for the enhancement of the economic development of the area surrounding the Lower Truckee River and Pyramid Lake.

(c) Pay for the development and construction of an arena on the Pyramid Lake Indian Reservation for activities pertaining to fairgrounds or rodeos, or both, and to provide financial support for the establishment of a rodeo team or other designated activities at Pyramid Lake High School. Until October 1, 2006, 25 percent of the fees deposited pursuant to this subsection must be used for the purposes described in this paragraph.

6. If, during a registration year, the holder of license plates issued pursuant to the provisions of ~~[subsections 1 to 6, inclusive,]~~ this section disposes of the vehicle to which the plates are affixed, the holder shall:

(a) Retain the plates and affix them to another vehicle that meets the requirements of ~~[subsections 1 to 6, inclusive,]~~ this section if the ~~[transfer and registration fees are paid as set forth in this chapter;]~~ holder pays the fee for the transfer of the registration and any registration fee or governmental services tax due pursuant to NRS 482.399; or

(b) Within 30 days after removing the plates from the vehicle, return them to the Department.

~~[7. Except as otherwise provided in this subsection, the Director shall, at the request of the Pyramid Lake Paiute Tribe:~~

~~(a) Order the design and preparation of souvenir license plates that indicate support for the preservation and restoration of the natural environment of the Lower Truckee River and Pyramid Lake; and~~

(b) Issue such souvenir license plates only to the Pyramid Lake Paiute Tribe for a fee established pursuant to NRS 482.3825. The Pyramid Lake Paiute Tribe may resell such souvenir license plates at a price determined by the Tribe. The Director shall not order the design or preparation of souvenir license plates pursuant to this subsection unless the Department has received at least 250 applications for the issuance of license plates for the support of the preservation and restoration of the natural environment of the Lower Truckee River and Pyramid Lake pursuant to subsections 1 to 6, inclusive.]

Sec. 6. NRS 482.37945 is hereby amended to read as follows:

482.37945 1. Except as otherwise provided in this subsection, the Department, in cooperation with the Northern Nevada Railway Foundation or its successor, shall design, prepare and issue license plates for the support of the reconstruction, maintenance, improvement and promotion of the Virginia & Truckee Railroad using any colors that the Department deems appropriate. The design of the license plates must include a depiction of a locomotive of the Virginia & Truckee Railroad and the phrase “The Virginia & Truckee Lives.” The Department shall not design, prepare or issue the license plates unless it receives at least 250 applications for the issuance of those plates.

2. If the Department receives at least 250 applications for the issuance of license plates for the support of the reconstruction, maintenance, improvement and promotion of the Virginia & Truckee Railroad, the Department shall issue those plates for a passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates for the support of the reconstruction, maintenance, improvement and promotion of the Virginia & Truckee Railroad if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates for the support of the reconstruction, maintenance, improvement and promotion of the Virginia & Truckee Railroad pursuant to subsections 3 and 4.

3. The fee for license plates for the support of the reconstruction, maintenance, improvement and promotion of the Virginia & Truckee Railroad is $35, in addition to all other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment of $10.

4. In addition to all other applicable registration and license fees and governmental services taxes and the fee prescribed in subsection 3, a person who requests a set of license plates for the support of the reconstruction, maintenance, improvement and promotion of the Virginia & Truckee Railroad must pay for the initial issuance of the plates an additional fee of $25 and for each renewal of the plates an additional fee of $20, to be distributed pursuant to subsection 5.

5. The Department shall transmit the fees collected pursuant to subsection 4 to the treasurer with whom the Nevada Commission for the Reconstruction of the V & T Railway of Carson City and Douglas, Lyon, Storey and Washoe Counties has entered into an agreement as required by subsection 2 of section 8 of chapter 566, Statutes of Nevada 1993, for deposit in the fund created pursuant to that section. The fees transmitted pursuant to this subsection must be used only for the reconstruction, maintenance, improvement and promotion of the Virginia & Truckee Railroad.

(a) Retain the plates and affix them to another vehicle that meets the requirements of ~~[subsections 1 to 6, inclusive,]~~ this section if the ~~[transfer and registration fees are paid as set out in this chapter;]~~ holder pays the fee for the transfer of the registration and any registration fee or governmental services tax due pursuant to NRS 482.399; or

(b) Within 30 days after removing the plates from the vehicle, return them to the Department.

~~[7. Except as otherwise provided in this subsection, the Director shall, at the request of the Northern Nevada Railway Foundation or its successor:~~

~~(a) Order the design and preparation of souvenir license plates that indicate support for the reconstruction, maintenance, improvement and promotion of the Virginia & Truckee Railroad; and~~

(b) Issue such souvenir license plates only to the Northern Nevada Railway Foundation or its successor for a fee established pursuant to NRS 482.3825. The Northern Nevada Railway Foundation or its successor may resell such souvenir license plates at a price determined by the Foundation or its successor. The director shall not order the design or preparation of souvenir license plates pursuant to this subsection unless the Department has received at least 250 applications for the issuance of license plates for the support of the reconstruction, maintenance, improvement and promotion of the Virginia & Truckee Railroad pursuant to subsections 1 to 6, inclusive.]

Sec. 7. NRS 482.3825 is hereby amended to read as follows:

482.3825 1. The Director may order the design and preparation of souvenir license plates which are easily distinguishable in design or color from regular license plates. The Director may establish a fee for the issuance of such plates of not more than $15 per plate. The Department may issue more than one plate of any particular design.

2. All money collected from the issuance of souvenir license plates must be deposited in the State Treasury for credit to the Motor Vehicle Fund.

3. As used in this section, “issuance” does not include the resale of a souvenir license plate ~~[.]~~ as authorized pursuant to paragraph (a) of subsection 1 of section 1 of this act.”.

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

“(c) Except as otherwise provided in ~~[NRS 482.37937 and 482.37945,]~~ paragraph (a) of subsection 1 of section 1 of this act, for any souvenir license plate”.

Amend the bill as a whole by renumbering sec. 3 as sec. 12 and adding new sections designated sections 9 through 11, following sec. 2, to read as follows:

“Sec. 9. NRS 417.145 is hereby amended to read as follows:

417.145 1. The Veterans’ Home Account is hereby established in the State General Fund.

2. Money received by the Executive Director or the Deputy Executive Director from:

(a) Payments by the Department of Veterans Affairs for veterans who receive care in a veterans’ home;

(b) Other payments for medical care and services;

(d) Except as otherwise provided in subsection 7, gifts of money and proceeds derived from the sale of gifts of personal property he is authorized to accept for the use of veterans’ homes, if the use of such gifts has not been restricted by the donor, must be deposited with the State Treasurer for credit to the Veterans’ Home Account.

3. Interest and income must not be computed on the money in the Veterans’ Home Account.

4. The Veterans’ Home Account must be administered by the Executive Director, with the advice of the Deputy Executive Director and the Nevada Veterans’ Services Commission, and the money deposited in the Veterans’ Home Account may only be expended for:

(a) The operation of veterans’ homes;

(b) A program or service related to a veterans’ home;

(d) The purpose of informing the public about issues concerning the establishment and uses of a veterans’ home.

5. Except as otherwise provided in subsection 7, gifts of personal property which the Executive Director or the Deputy Executive Director is authorized to receive for the use of veterans’ homes:

(a) May be sold or exchanged if the sale or exchange is approved by the State Board of Examiners; or

(b) May be used in kind if the gifts are not appropriate for conversion to money.

6. All money in the Veterans’ Home Account must be paid out on claims approved by the Executive Director as other claims against the State are paid.

7. The Gift Account for Veterans’ Homes is hereby established in the State General Fund. The Executive Director or the Deputy Executive Director shall use gifts of money or personal property that he is authorized to accept and which the donor has restricted to one or more uses at a veterans’ home, only in the manner designated by the donor. Gifts of money that the Executive Director or Deputy Executive Director is authorized to accept and which the donor has restricted to one or more uses at a veterans’ home must be deposited with the State Treasurer for credit to the Gift Account for Veterans’ Homes. In addition to any gifts of money or personal property described in this subsection, any money collected pursuant to NRS 482.3764 must be deposited with the State Treasurer for credit to the Gift Account for Veterans’ Homes. Money collected pursuant to NRS 482.3764 that is deposited with the State Treasurer for credit to the Gift Account for Veterans’ Homes may only be expended:

(a) For a program or service related to a veterans’ home;

(b) To solicit other sources of money to fund a veterans’ home; and

(c) To inform the public about issues concerning the establishment and uses of a veterans’ home.

The interest and income earned on the money in the Gift Account for Veterans’ Homes, after deducting any applicable charges, must be credited to the Gift Account for Veterans’ Homes. Any money remaining in the Gift Account for Veterans’ Homes at the end of each fiscal year does not ~~[lapse]~~ revert to the State General Fund, but must be carried forward into the next fiscal year.

Sec. 10. The provisions of NRS 482.37937 and 482.37945, as amended in this act, do not require that:

1. The Pyramid Lake Paiute Tribe; or

2. The Northern Nevada Railway Foundation or its successor,

submit a new request to the Director of the Department of Motor Vehicles pursuant to paragraph (a) of subsection 1 of section 1 of this act if the Tribe or the Foundation has already requested that the Director order the design and preparation of souvenir license plates, or has already requested that the Director issue the souvenir license plates to the Tribe or the Foundation for the purpose of reselling those plates, or both.

Sec. 11. As soon as practicable after July 1, 2003, the Director of the Department of Motor Vehicles shall cause notice of the provisions of paragraph (b) of subsection 4 of NRS 482.37905, as amended by this act, to be mailed to each person who is currently a holder of license plates to encourage the donation of human organs. The notice described in this section must inform those persons that, for a renewal of license plates to encourage the donation of human organs which takes place on or after July 1, 2003, a holder of such license plates may:

1. Elect to pay the additional fee for renewal imposed pursuant to paragraph (b) of subsection 4 of NRS 482.37905, as amended by this act, and retain the plates; or

2. Elect not to pay the additional fee for renewal imposed pursuant to paragraph (b) of subsection 4 of NRS 482.37905, as amended by this act, and return the plates to the Department.”.

Amend the title of the bill to read as follows:

“AN ACT relating to motor vehicles; requiring the Director of the Department of Motor Vehicles, with respect to certain special license plates, to design and prepare souvenir license plates and to issue those souvenir license plates for resale by the charitable organization that is benefited by the particular special license plate; authorizing the Department, in certain circumstances, to issue special license plates for vehicles other than passenger cars and light commercial vehicles; making certain changes with respect to the money collected in connection with the issuance of license plates for the support of veterans’ homes; imposing an additional fee for the issuance and renewal of license plates that encourage the donation of human organs and providing for the deposit of any such proceeds for credit to the Anatomical Gift Account; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY¾Revises provisions relating to special license plates. (BDR 43-181)”.

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. 256.

Bill read second time.

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

Amendment No. 438.

Amend section 1, page 1, line 3, by deleting “$9,238” and inserting “$9,044”.

Assemblyman Arberry moved the adoption of the amendment.

Remarks by Assemblyman Arberry.

Amendment adopted.

Bill ordered reprinted, engrossed, and to third reading.

Assembly Bill No. 267.

Bill read second time.

The following amendment was proposed by the Committee on Transportation:

Amendment No. 461.

Amend section 1, page 3, by deleting lines 3 through 6.

Amend section 1, page 3, line 7, by deleting “(c)” and inserting “(b)”.

Amend section 1, page 3, line 9, by deleting “(d)” and inserting “(c)”.

Amend section 1, page 3, line 11, by deleting “(e)” and inserting “(d)”.

Amend section 1, page 3, line 13, after “property;” by inserting “and”.

Amend section 1, page 3, line 14, by deleting “(f)” and inserting “(e)”.

Amend section 1, page 3, by deleting lines 16 through 21 and inserting “responsible.”.

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. 346.

Bill read second time.

The following amendment was proposed by the Committee on Transportation:

Amendment No. 463.

Amend the bill as a whole by deleting sections 1 through 3 and renumbering sections 4 and 5 as sections 1 and 2.

Amend sec. 4, page 2, line 30, by deleting “and 4,” and inserting: “~~[and 4,]~~ , 4 and 5,”.

Amend sec. 4, pages 2 and 3, by deleting lines 40 through 44 on page 2 and line 1 on page 3 and inserting: “operate or maintain on a highway in this state any special mobile equipment or farm equipment that contains in the fuel tank of the special mobile equipment or farm equipment special fuel which has been dyed. As used in this subsection:

(a) “Farm equipment” means any self-”.

Amend sec. 4, page 3, by deleting lines 14 through 29 and inserting:

“(b) “Highway” does not include a controlled-access highway as defined in NRS 484.041.

5. To the extent authorized by federal law, a person may operate or maintain a motor vehicle on a highway in this state that contains in the fuel tank special fuel which has been dyed if the motor vehicle is used only to cross the highway to travel from one parcel of land owned or controlled by the person to another parcel of land owned or controlled by the person.

6. There is a rebuttable presumption that all special fuel which”.

Amend the title of the bill to read as follows:

“AN ACT relating to special fuel; revising the provisions governing the operation or maintenance of a vehicle on a highway in this state using dyed special fuel; and providing other matters properly relating thereto.”.

Assemblywoman Chowning moved the adoption of the amendment.

Remarks by Assemblywoman Chowning.

Amendment adopted.

Bill ordered reprinted, engrossed, and to third reading.

Assembly Bill No. 378.

Bill read second time.

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

Amendment No. 395.

Amend the bill as a whole by deleting section 1, renumbering sections 2 and 3 as sections 3 and 4 and adding new sections designated sections 1 and 2, following the enacting clause, to read as follows:

“Section 1. Chapter 424 of NRS is hereby amended by adding thereto a new section to read as follows:

1. A licensing authority or its approved designee may, in accordance with the procedures set forth in 28 C.F.R. §§ 901 et. seq., conduct a preliminary Federal Bureau of Investigation Interstate Identification Index name-based check of the records of criminal history of a resident who is
18 years of age or older of a foster home in which the licensing authority wishes to place a child in an emergency situation to determine whether the person investigated has been arrested for or convicted of any crime.

2. Upon request of a licensing authority that wishes to place a child in a foster home in an emergency situation, or upon request of the approved designee of the licensing authority, a resident who is 18 years of age or older of the foster home in which the licensing authority wishes to place the child must submit to the licensing authority or its approved designee a complete set of his fingerprints and written permission authorizing the licensing authority or its approved designee to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report. The licensing authority or its approved designee shall forward the fingerprints to the Central Repository for Nevada Records of Criminal History within the time set forth in federal law or regulation.

3. If a resident who is 18 years of age or older of a foster home in which a licensing authority places a child in an emergency situation refuses to provide a complete set of fingerprints to the licensing authority or its approved designee upon request pursuant to subsection 2, the licensing authority must immediately remove the child from the foster home.

Sec. 2. Chapter 432B of NRS is hereby amended by adding thereto a new section to read as follows:

1. An agency which provides child welfare services or its approved designee may, in accordance with the procedures set forth in 28 C.F.R. §§ 901 et. seq., conduct a preliminary Federal Bureau of Investigation Interstate Identification Index name-based check of the records of criminal history of a resident who is 18 years of age or older of a home in which the agency which provides child welfare services wishes to place a child in an emergency situation to determine whether the person investigated has been arrested for or convicted of any crime.

2. Upon request of an agency which provides child welfare services that wishes to place a child in a home in an emergency situation, or upon request of the approved designee of the agency which provides child welfare services, a resident who is 18 years of age or older of the home in which the agency which provides child welfare services wishes to place the child must submit to the agency which provides child welfare services or its approved designee a complete set of his fingerprints and written permission authorizing the agency which provides child welfare services or its approved designee to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report. The agency which provides child welfare services or its approved designee shall forward the fingerprints to the Central Repository for Nevada Records of Criminal History within the time set forth in federal law or regulation.

3. If a resident who is 18 years of age or older of a home in which an agency which provides child welfare services places a child in an emergency situation refuses to provide a complete set of fingerprints to the agency which provides child welfare services or its approved designee upon request pursuant to subsection 2, the agency which provides child welfare services must immediately remove the child from the home.”.

Amend sec. 2, page 2, line 36, by deleting “1” and inserting “2”.

Amend the title of the bill to read as follows:

“AN ACT relating to protection of children; authorizing a licensing authority and an agency which provides child welfare services to conduct a preliminary Federal Bureau of Investigation Interstate Identification Index name-based check of the records of criminal history of certain persons for the placement of children in emergency situations; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Authorizes licensing authority and agency which provides child welfare services to obtain direct access to certain records of criminal history of Federal Bureau of Investigation for the placement of children in emergency situations. (BDR 38‑1117)”.

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. 477.

Bill read second time.

The following amendment was proposed by the Committee on Transportation:

Amendment No. 465.

Amend section 1, page 3, by deleting lines 12 through 17 and inserting:

“6. If a person cancels his registration and surrenders to the Department his license plates for a vehicle, the Department shall , under the circumstances provided in subsection 7, issue to the person a refund of the portion of the registration fee and governmental services tax paid on the vehicle attributable to the remainder of the current calendar year or registration period on a pro rata basis.

7. The Department shall issue a refund pursuant to subsection 6 only if the request for a refund is made at the time the registration is cancelled and the license plates are surrendered, the person requesting the refund is a resident of Nevada, the amount eligible for refund exceeds $100, and evidence satisfactory to the Department is submitted that reasonably proves the existence of extenuating circumstances. For the purposes of this subsection, the term “extenuating circumstances” means circumstances wherein:

(a) The person has recently relinquished his driver’s license and has sold or otherwise disposed of his vehicle.

(b) The vehicle has been determined to be inoperable and the person does not transfer the registration to a different vehicle.

(c) The owner of the vehicle is seriously ill or has died and the guardians or survivors have sold or otherwise disposed of the vehicle.

(d) Any other event occurs which the Department, by regulation, has defined to constitute an “extenuating circumstance” for the purposes of this subsection.”.

Amend the title of the bill, fifth line, by deleting “eliminating” and inserting “revising”.

Amend the summary of the bill to read as follows:

“SUMMARY—Revises provisions governing refund of certain registration fees and governmental services taxes by Department of Motor Vehicles. (BDR 43‑1259)”.

Assemblywoman Chowning moved the adoption of the amendment.

Remarks by Assemblywoman Chowning.

Amendment adopted.

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

Assembly Bill No. 122.

Bill read second time.

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

Amendment No. 478.

Amend section 1, page 3, by deleting lines 7 through 16 and inserting:

“2. If the enrollment of pupils in a school district ~~[or a charter school that is located within the school district]~~ on the last day of the first school month of the school district for the school year is less than the enrollment of pupils in the same school district ~~[or charter school]~~ on the last day of the first school month of the school district for ~~[either or both of]~~ the immediately preceding ~~[2 school years, the largest]~~ school year and the decline in enrollment is:

(a) Five percent or less, the enrollment number from the immediately preceding school year must be used for purposes of apportioning money from the State Distributive School Account to that school district pursuant to
NRS 387.124.

(b) More than 5 percent, the larger enrollment number must be used from ~~[among the 3]~~ the immediately preceding 2 school years for purposes of apportioning money from the State Distributive School Account to that school district ~~[or charter school]~~ pursuant to NRS 387.124.”.

Amend sec. 2, page 3, line 29, by deleting “2003.” and inserting “2004.”.

Amend the title of the bill, third line, after “enrollment;” by inserting: “removing charter schools from the provisions governing the calculation of basic support for declining enrollment;”.

Assemblyman Arberry moved the adoption of the amendment.

Remarks by Assemblyman Arberry.

Amendment adopted.

Bill ordered reprinted, engrossed, and to third reading.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Manendo moved that Assembly Bill No. 234 be taken from the Chief Clerk's desk and placed at the top of the General File.

Motion carried.

general file and third reading

Assembly Bill No. 234.

Bill read third time.

The following amendment was proposed by Assemblyman Manendo:

Amendment No. 500.

Amend section 1, page 1, line 2, by deleting “2” and inserting “1.5”.

Amend the bill as a whole by adding a new section designated sec. 1.5, following section 1, to read as follows:

“Sec. 1.5. An action must not be taken pursuant to sections 1.5 to 5, inclusive, of this act against a pupil with a disability who is participating in a program of special education pursuant to NRS 388.440 to 388.520, inclusive, unless the action complies with:

1. The Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400
et seq.;

2. The Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101
et seq.;

3. Title V of the Rehabilitation Act of 1973, 29 U.S.C. §§ 791 et seq.;

4. Any other federal law applicable to children with disabilities; and

5. The procedural policy adopted by the board of trustees of the school district for such matters.”.

Amend sec. 2, page 1, by deleting lines 4 through 7 and inserting:

“Sec. 2. 1. A driver of a school bus shall comply with the applicable policies and regulations of the school district in which the driver is employed concerning the discipline of pupils on school buses.

2. If a driver of a school bus has issued three referrals or citations to a pupil pursuant to the applicable policies and regulations of the school district concerning the discipline of pupils on school buses, the driver may remove the privilege of the pupil to ride any school bus if, in the judgment of the driver, the pupil has engaged in behavior while on the school bus that continues to disrupt and threaten the safety of the driver or the other pupils”.

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

Amend sec. 2, page 2, line 9, by deleting:

“3. Within 24 hours” and inserting:

“4. Not later than the end of the next working day”.

Amend sec. 3, pages 2 and 3, by deleting lines 44 and 45 on page 2 and lines 1 and 2 on page 3, and inserting: “removal of the privilege of the pupil to ride the school bus.”.

Amend sec. 3, page 3, by deleting lines 16 through 18 and inserting: “privilege of the pupil to ride the school bus.”.

Amend sec. 5, page 4, by deleting lines 14 through 16 and inserting “removed.”.

Amend the title of the bill to read as follows:

“AN ACT relating to education; requiring drivers of school buses to comply with applicable policies and regulations of school districts concerning the discipline of pupils on school buses; authorizing drivers of school buses to remove the privilege of disruptive pupils to ride a school bus under certain circumstances; requiring boards of trustees of school districts to establish certain committees to review the removal of the privilege of a pupil to ride a school bus; and providing other matters properly relating thereto.”.

Assemblyman Manendo moved the adoption of the amendment.

Remarks by Assemblymen Manendo, Anderson, Angle, Buckley, Williams, and Chowning.

Amendment adopted.

Bill ordered reprinted, engrossed, and to third reading.

Assembly Bill No. 445.

Bill read third time.

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

Amendment No. 441.

Amend the bill as a whole by deleting sec. 7 and renumbering sections 8 through 32 as sections 7 through 31.

Amend sec. 18, page 10, line 29, by deleting “17” and inserting “16”.

Amend sec. 19, page 10, line 44, by deleting “17” and inserting “16”.

Amend sec. 31, page 21, lines 16 and 17, by deleting: “9 and 10” and inserting: “8 and 9”.

Amend sec. 31, page 21, line 20, by deleting: “9 or 10” and inserting: “8
or 9”.

Amend sec. 32, page 21, line 25, by deleting “30” and inserting “29”.

Amend sec. 32, page 21, by deleting line 27 and inserting:

“2. Sections 1 to 28, inclusive, and 30 of this act become”.

Assemblyman Arberry moved the adoption of the amendment.

Remarks by Assemblyman Arberry.

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

Amendment adopted.

Bill ordered reprinted, engrossed, and to third reading.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Oceguera moved that Assembly Bills Nos. 3, 536, and Senate Bill No. 417 be taken from the General File and placed on the General File for the next legislative day.

Motion carried.

Assemblyman Parks moved that Senate Bill No. 353 be taken from the General File and placed on the Chief Clerk's desk.

Motion carried.

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 Gail Ruff.

On request of Assemblyman Arberry, the privilege of the floor of the Assembly Chamber for this day was extended to Avery James.

On request of Assemblywoman Gibbons, the privilege of the floor of the Assembly Chamber for this day was extended to Joyce Peterson and
Lillian Smithson.

On request of Assemblyman Goicoechea, the privilege of the floor of the Assembly Chamber for this day was extended to Kathy Buckmaster,
Keith Lund, Joanne Tanner, Sam Anderson, Sarah Burton, Jackilou Davis, Trevor deBraga, Beth Deines, Erin Eby, Keilana Fisher, Jared Floyd,
Kaylee Hammond, Chelsea Hejny, Melanie Hoover, Nick King, Jon Laca, Scott Laca, Rachel Lecker, Charlie Lockwood, Kezia Lords, Jessica Mauga, Shalese Moulton, Maggie Nelson, Sarah Nemeth, Dylan Nettenstrom,
Tosha Nunes, Amy Nygren, Alex Pearce, Brian Perkins, Shankari Rajagopal, Josh Rau, Tyler Reibsamen, Corrie Robinson, Katie Scherer, Kylie Sloan, Lacy Sloan, Richard L. Summers, John Swanson, Eric Taber, Rachel Tucker,

Chelsea Ward, Christina Withers, Logan Nuttall, Sarah Buck, and
Russell Wilhelm.

On request of Assemblyman Knecht, the privilege of the floor of the Assembly Chamber for this day was extended to Lynne Trujillo,
Laree Campbell, Barbara Culbert, Dan Culbert, Lance Brogdon, Tony Fondi, Emma Garcia, Robbie Leedom, Benjamin Lucas, Arahi Maldonado,
Briana Marquez, Carlos Munoz, Ashley Newcomb, Alexandrea Pitts,
Reed Skenandore, Ricardo Terriques-Segara, Michaela Walker,
Anne Marie White, William Withrow, Nereyda Zarate, Sybrina Cardinale,
Leslie Villegas, John Bailey, Chelsea Brown, Keith Collier, Briana Co, Alicia Coon, Carter Forrest, Isaac Hernandez, Justice Kemp, Morgan Kleine, Cody Lee, Andrea Marquez, Braulio Negrete, Mariah Payton, Josh Rhiner, Justin Sanchez, Kendra Thurman, Gena Uzzle, Sierra Voight,
Bianca Carrasco, Allicia Blake, Bradley Brazil, Taylor-Rae Canfield,
Chris Derrick, Nendy DeSantiago, Matthew Galvan, Dalia Garcia,
Brian Lester, Yajaira Pacheco, Rocky Roman, Angelica Ruiz,
Brittany Rupert, Sheana Terry, Pavel Varela, Alec Whipple, Adriana Lemos, Samuel Martinez, Lizbeth Paz, and Nick Martin.

On request of Assemblyman Manendo, the privilege of the floor of the Assembly Chamber for this day was extended to Sherry Thompson,
Michelle Huskins, Ricky Huskins, and Ricky Langston.

On request of Assemblyman Williams, the privilege of the floor of the Assembly Chamber for this day was extended to Erick James.

Assemblywoman Buckley moved that the Assembly adjourn until Friday, April 18, 2003, at 10:30 a.m.

Motion carried.

Assembly adjourned at 12:27 p.m.

Approved: Richard D. Perkins

Speaker of the Assembly

Attest: Jacqueline Sneddon

Chief Clerk of the Assembly