THE SEVENTY-FIFTH DAY

Carson City (Friday), April 18, 2003

    Assembly called to order at 10:52 a.m.

    Mr. Speaker presiding.

    Roll called.

    All present except Assemblywoman Ohrenschall, who was excused.

    Prayer by the Chaplain, Pastor John Jackson.

    Dear Lord, we come before You today in humility. We seek Your wisdom and Your compassion. Help us to work with one another in a way that will produce the best results for our state. Keep us looking up and looking forward. Because of the Resurrection, fill us with hope for the future. In Jesus’ Name.

Amen.

    Pledge of Allegiance to the Flag.

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

    Motion carried.

REPORTS OF COMMITTEES

Mr. Speaker:

    Your Committee on Commerce and Labor, to which were referred Assembly Bills Nos. 81, 184, 438, 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 Commerce and Labor, to which were referred Assembly Bills
Nos. 212, 389, 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 Commerce and Labor, to which was referred
Assembly Bill No. 419, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

David Goldwater, Chairman

Mr. Speaker:

    Your Committee on Education, to which was referred Assembly Bill No. 311, 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 Education, to which was referred Assembly Bill No. 353, 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 Government Affairs, to which was referred Assembly Bill No. 65, 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. 114, 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. 136, 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. 398, 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. 408, 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. 457, 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 Natural Resources, Agriculture, and Mining, to which was referred Assembly Bill No. 36, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Tom Collins, Chairman

Mr. Speaker:

    Your Committee on Taxation, to which was referred Assembly Bill No. 442, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

David Parks, Chairman

Mr. Speaker:

    Your Committee on Transportation, to which was referred Assembly Bill No. 394, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Vonne Chowning, Chairman

MESSAGES FROM THE Senate

Senate Chamber, Carson City, April 17, 2003

To the Honorable the Assembly:

    I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bills Nos. 34, 50, 90, 123, 145, 183, 218, 240, 255, 298, 303, 312, 316, 339, 358, 383, 384, 386, 390, 395, 427, 450.

Mary Jo Mongelli

Assistant Secretary of the Senate

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblyman Anderson moved that Assembly Bill No. 205 be taken from the Chief Clerk's desk and placed on the Second Reading File.

    Motion carried.

    Assemblywoman Weber moved that Assembly Bill No. 420 be taken from the Chief Clerk's desk and placed at the top of the General File.

    Remarks by Assemblywoman Weber.

    Motion carried.

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

    Motion carried.

Assemblywoman Buckley moved that Assembly Bills Nos. 36, 65, 81, 114, 136, 184, 212, 311, 353, 389, 394, 398, 408, 419, 438, 442, and 457 be placed on the Second Reading File.

    Motion carried.

INTRODUCTION, FIRST READING AND REFERENCE

    Senate Bill No. 34.

    Assemblyman Oceguera moved that the bill be referred to the Committee on Education.

    Motion carried.

    Senate Bill No. 50.

    Assemblyman Oceguera moved that the bill be referred to the Committee on Judiciary.

    Motion carried.

    Senate Bill No. 90.

    Assemblyman Oceguera moved that the bill be referred to the Committee on Judiciary.

    Motion carried.

    Senate Bill No. 123.

    Assemblyman Oceguera moved that the bill be referred to the Committee on Government Affairs.

    Motion carried.

    Senate Bill No. 145.

    Assemblyman Oceguera moved that the bill be referred to the Committee on Government Affairs.

    Motion carried.

    Senate Bill No. 183.

    Assemblyman Oceguera moved that the bill be referred to the Committee on Commerce and Labor.

    Motion carried.

    Senate Bill No. 218.

    Assemblyman Oceguera moved that the bill be referred to the Committee on Judiciary.

    Motion carried.

    Senate Bill No. 240.

    Assemblyman Oceguera moved that the bill be referred to the Committee on Government Affairs.

    Motion carried.

    Senate Bill No. 255.

    Assemblyman Oceguera moved that the bill be referred to the Committee on Commerce and Labor.

    Motion carried.

    Senate Bill No. 298.

    Assemblyman Oceguera moved that the bill be referred to the Committee on Judiciary.

    Motion carried.

    Senate Bill No. 303.

    Assemblyman Oceguera moved that the bill be referred to the Committee on Judiciary.

    Motion carried.

    Senate Bill No. 312.

    Assemblyman Oceguera moved that the bill be referred to the Committee on Government Affairs.

    Motion carried.

    Senate Bill No. 316.

    Assemblyman Oceguera moved that the bill be referred to the Committee on Judiciary.

    Motion carried.

    Senate Bill No. 339.

    Assemblyman Oceguera moved that the bill be referred to the Committee on Judiciary.

    Motion carried.

    Senate Bill No. 358.

    Assemblyman Oceguera moved that the bill be referred to the Committee on Government Affairs.

    Motion carried.

    Senate Bill No. 383.

    Assemblyman Oceguera moved that the bill be referred to the Committee on Health and Human Services.

    Motion carried.

    Senate Bill No. 384.

    Assemblyman Oceguera moved that the bill be referred to the Concurrent Committees on Transportation and Ways and Means.

    Motion carried.

    Senate Bill No. 386.

    Assemblyman Oceguera moved that the bill be referred to the Committee on Health and Human Services.

    Motion carried.

    Senate Bill No. 390.

    Assemblyman Oceguera moved that the bill be referred to the Committee on Education.

    Motion carried.

    Senate Bill No. 395.

    Assemblyman Oceguera moved that the bill be referred to the Committee on Commerce and Labor.

    Motion carried.

    Senate Bill No. 427.

    Assemblyman Oceguera moved that the bill be referred to the Committee on Commerce and Labor.

    Motion carried.

    Senate Bill No. 450.

    Assemblyman Oceguera moved that the bill be referred to the Committee on Government Affairs.

    Motion carried.

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblyman Oceguera moved that the action whereby Senate Bill
No. 123 was referred to the Committee on Government Affairs be rescinded.

    Motion carried.

    Assemblyman Oceguera moved that the bill be referred to the Committee on Elections, Procedures, and Ethics.

    Motion carried.

    Assemblyman Oceguera moved that the action whereby Assembly Bill
No. 383 was referred to the Committee on Health and Human Services be rescinded.

    Motion carried.

    Assemblyman Oceguera moved that the bill be referred to the Committee on Judiciary.

    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 11:10 a.m.

ASSEMBLY IN SESSION

    At 11:13 a.m.

    Mr. Speaker presiding.

    Quorum present.

    Assemblyman Collins moved that Assembly Bill No. 485 be taken from the General File and placed on the Chief Clerk's desk.

    Motion carried.

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

    Motion carried.

    Assemblyman Anderson moved that Senate Bill No. 87 be taken from the General File and placed on the Chief Clerk’s desk.

    Remarks by Assemblyman Anderson.

    Motion carried.

    Assemblyman Anderson moved that Senate Bill No. 88 be taken from the General File and placed on the Chief Clerk’s desk.

    Remarks by Assemblyman Anderson.

    Motion carried.

REPORTS OF COMMITTEES

Mr. Speaker:

    Your Committee on Commerce and Labor, to which was referred Assembly Bill No. 206, 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 Commerce and Labor, to which was referred Assembly Bill
No. 280, 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 Commerce and Labor, to which was referred Assembly Bill
No. 284, 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 Commerce and Labor, to which was referred Assembly Bill
No. 352, 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 Commerce and Labor, to which was referred Assembly Bill
No. 424, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

    Also, your Committee on Commerce and Labor, to which was referred Assembly Bill
No. 425, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

David Goldwater, Chairman

Mr. Speaker:

    Your Committee on Elections, Procedures, and Ethics, to which were referred Assembly Bills Nos. 298, 526, 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 Elections, Procedures, and Ethics, to which was referred
Assembly Bill No. 421, 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 Elections, Procedures, and Ethics, to which was referred
Assembly Bill No. 528, 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 Health and Human Services, to which were referred Assembly Bills
Nos. 297, 313, 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 Health and Human Services, to which was referred
Assembly Bill No. 430, 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 Judiciary, to which were referred Assembly Bills Nos. 29, 337, 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

MOTIONS, RESOLUTIONS AND NOTICES

Notice of Exemption

April 18, 2003

    The Fiscal Analysis Division, pursuant to Joint Standing Rule 14.6, has determined the exemption of:  Assembly Bill No. 534.

Mark Stevens

Fiscal Analysis Division

    Assemblywoman Buckley moved that Assembly Bills Nos. 29, 206, 280, 284, 297, 298, 313, 337, 352, 421, 424, 425, 430, 526, and 528 be placed on the Second Reading File.

    Motion carried.

SECOND READING AND AMENDMENT

    Assembly Bill No. 205.

    Bill read second time and ordered to third reading.

    Assembly Bill No. 36.

    Bill read second time.

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

    Amendment No. 292.

    Amend the bill as a whole by deleting section 1 and adding new sections designated sections 1 through 11, following the enacting clause, to read as follows:

    “Section 1.  Chapter 445B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

    Sec. 2.  “Heavy-duty motor vehicle” means, except as otherwise provided in NRS 445B.780, a motor vehicle that has a manufacturer’s gross vehicle weight rating of 8,500 pounds or more. The term does not include a passenger car.

    Sec. 3.  “Motor vehicle fuel” has the meaning ascribed to it in
NRS 365.060.

    Sec. 4.  “Special fuel” has the meaning ascribed to it in NRS 366.060.

    Sec. 5.  1.  The provisions of NRS 445B.700 to 445B.845, inclusive, and sections 2 to 5, inclusive, of this act do not apply to military tactical vehicles.

2.  As used in this section, “military tactical vehicle” means a motor vehicle that is:

(a) Owned or controlled by the United States Department of Defense or by a branch of the Armed Forces of the United States; and

(b) Used in combat, combat support, combat service support, tactical or relief operations, or training for such operations.

    Sec. 6.  NRS 445B.700 is hereby amended to read as follows:

    445B.700  As used in NRS 445B.700 to 445B.845, inclusive, and sections 2 to 5, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 445B.705 to 445B.758, inclusive, and sections 2, 3 and 4 of this act have the meanings ascribed to them in those sections.

    Sec. 7.  NRS 445B.780 is hereby amended to read as follows:

    445B.780  1.  The Commission shall, by regulation, establish a program for the regulation of smoke and other emissions by inspection of heavy-duty motor vehicles that are powered by diesel fuel or [gasoline. The program must be substantially similar to the program established in the State of California.

2. The Director of the State Department of Conservation and Natural Resources shall review each amendment, repeal or other revision of a law or regulation of the State of California relating to the program established pursuant to subsection 1 to determine its appropriateness for this state. The Director shall recommend to the Commission any such provisions which he deems necessary or appropriate to ensure that program remains substantially similar to the program established in the State of California.

3.] motor vehicle fuel.

2.  The Commission shall adopt regulations concerning:

    (a) The equipment used to measure smoke and other emissions of heavy-duty motor vehicles.

    (b) The granting of a waiver [from the provisions adopted by reference in this section,] if compliance involves repair and equipment costs which exceed the limits established by the Commission. The Commission shall establish the limits in a manner which avoids unnecessary financial hardship to owners of heavy-duty motor vehicles.

[4.] 3.  As used in this section, [a] “heavy-duty motor vehicle” means a motor vehicle that has a manufacturer’s gross vehicle weight rating of [8,500] 10,001 pounds or more. The term does not include a passenger car.

    Sec. 8.  NRS 445B.795 is hereby amended to read as follows:

    445B.795  The authority set forth in NRS 445B.770 providing for a compulsory inspection program is limited as follows:

    1.  In a county whose population is 100,000 or more, [all passenger cars and light-duty motor vehicles which use diesel] the following categories of motor vehicles which are powered by motor vehicle fuel or special fuel and require inspection pursuant to the regulations adopted by the Commission under NRS 445B.770 are required to have evidence of compliance upon registration or reregistration [.] :

(a) All passenger cars;

(b) Light-duty motor vehicles; and

(c) Heavy-duty motor vehicles having a manufacturer’s gross vehicle weight rating which does not exceed 10,000 pounds.

    2.  In areas which have been designated by the Commission for inspection programs and which are located in counties whose populations are 100,000 or more, all used motor vehicles which require inspection pursuant to the regulations adopted by the Commission under NRS 445B.770 are required to have evidence of compliance upon registration or reregistration.

    3.  In designated areas in other counties where the Commission puts a program into effect, all used motor vehicles which require inspection pursuant to the regulations adopted by the Commission under NRS 445B.770 are required to have evidence of compliance upon registration or reregistration.

    4.  The board of county commissioners of a county containing a designated area may revise its program for the designated area after receiving the approval of the Commission.

5.  Before carrying out the inspections of vehicles required pursuant to the regulations adopted by the Commission pursuant to NRS 445B.770, the Commission shall, by regulation, adopt testing procedures and standards for emissions for those vehicles.

    Sec. 9.  NRS 445B.815 is hereby amended to read as follows:

    445B.815  1.  Except as otherwise provided in subsection 2, persons employed at branch offices of the Department of Motor Vehicles and the offices of county assessors who are acting as agents of the Department in the collection of fees for registration, shall not register:

    (a) A passenger car or light-duty motor vehicle which:

        (1) Uses [diesel] motor vehicle fuel or special fuel;

        (2) Is based in a county whose population is 100,000 or more; and

        (3) Requires inspection pursuant to the regulations adopted by the Commission under NRS 445B.770; [or]

    (b) A heavy-duty motor vehicle having a manufacturer’s gross vehicle weight rating which does not exceed 10,000 pounds, that:

(1) Uses motor vehicle fuel or special fuel;

(2) Is based in a county whose population is 100,000 or more; and

(3) Requires inspection pursuant to the regulations adopted by the Commission under NRS 445B.770; or

(c) A vehicle which:

        (1) Is based in an area of this state designated by the Commission; and

        (2) Requires inspection pursuant to the regulations adopted by the Commission under NRS 445B.770, until evidence of compliance with
NRS 445B.700 to 445B.845, inclusive, has been provided.

    2.  An owner or lessee of a fleet of three or more vehicles may, upon application to the Department of Motor Vehicles, submit evidence of compliance for his motor vehicles in a manner determined by that Department.

    Sec. 10.  NRS 445B.845 is hereby amended to read as follows:

    445B.845  1.  A violation of any provision of NRS 445B.700 to 445B.845, inclusive, and sections 2 to 5, inclusive, of this act relating to motor vehicles, or any regulation adopted pursuant thereto relating to motor vehicles, is a misdemeanor. The provisions of NRS 445B.700 to 445B.845, inclusive, and sections 2 to 5, inclusive, of this act or any regulation adopted pursuant thereto, must be enforced by any peace officer.

    2.  Satisfactory evidence that the motor vehicle or its equipment conforms to those provisions or regulations, when supplied by the owner of the motor vehicle to the Department of Motor Vehicles within 10 days after the issuance of a citation pursuant to subsection 1, may be accepted by the court as a complete or partial mitigation of the offense.

    Sec. 11.  NRS 590.070 is hereby amended to read as follows:

    590.070  1.  The State Board of Agriculture shall adopt regulations relating to the standards for petroleum products used in internal combustion engines . [, which are substantially similar to the laws and regulations of the State of California relating to those standards.

2. The State Board of Agriculture shall review each amendment, repeal or other revision of a law or regulation of the State of California relating to those standards to determine its appropriateness for this state. The Board shall adopt any regulation based on a law or regulation of the State of California which the Board determines is necessary or appropriate for this state to ensure that the regulations adopted by the Board remain substantially similar to the laws and regulations adopted by the State of California concerning those standards.

3.] 2.  It is unlawful for any person, or any officer, agent or employee thereof, to sell, offer for sale, assist in the sale of, deliver or permit to be sold or offered for sale, any petroleum or petroleum product as, or purporting to be, gasoline or diesel fuel, unless it conforms with the regulations adopted by the State Board of Agriculture pursuant to this section.

[4.] 3.  This section does not apply to aviation fuel.

[5.] 4.  In addition to any criminal penalty that is imposed pursuant to the provisions of NRS 590.150, any person who violates any provision of this section may be further punished as provided in NRS 590.071.”.

    Amend the title of the bill to read as follows:

    “AN ACT relating to air pollution; revising provisions governing the program established by the State Environmental Commission for the regulation of smoke and other emissions by inspection of certain heavy-duty motor vehicles; revising provisions relating to the inspection and testing of certain motor vehicles; prohibiting certain branch offices and agents of the Department of Motor Vehicles from registering certain motor vehicles; eliminating the requirement that certain standards for petroleum products adopted by the State Board of Agriculture be similar to those of the State of California; exempting military tactical vehicles from requirements relating to the control of emissions from engines; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

    “SUMMARY—Revises provisions relating to control of emissions from engines of certain motor vehicles. (BDR 40‑196)”.

    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. 65.

    Bill read second time.

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

    Amendment No. 27.

    Amend sec. 3, page 3, line 10, by deleting “4” and inserting “3.1”.

    Amend the bill as a whole by adding new sections designated sections 3.1 through 3.9, following sec. 3, to read as follows:

    “Sec. 3.1.  “Executive Department” means an agency, board, bureau, commission, department, division, elected officer or any other unit of the Executive Department of State Government.

    Sec. 3.15.  “Party” includes, without limitation, the Executive Department.

    Sec. 3.2.  1.  A subpoena issued by the Board extends to all parts of this state and must be served in accordance with the provisions of N.R.C.P. 4(c). The Board may not require a person named in a subpoena to attend at a place outside the county in which the person resides unless:

(a) The location of the place is less than 100 miles from the person’s primary residence; or

(b) A party, by affidavit, shows that the testimony of the person is material and necessary to the proceedings and the Board endorses on the subpoena an order requiring the person to attend at the place named in the subpoena, regardless of its location in this state.

2.  A person who appears before the Board pursuant to a subpoena is entitled to receive fees and mileage in the same amounts and under the same circumstances as prescribed by law for a witness in a civil action in the district court, unless the person is a party to the proceeding or an officer or employee of this state or any of its political subdivisions. As used in this subsection, “employee” includes, without limitation, an employee in the classified or unclassified service of the State.

3.  If a person who is entitled to receive fees and mileage pursuant to subsection 2 must appear at a hearing before the Board at a place located so far from his primary residence that it is not reasonable for the person to return to that residence from day to day, the person is entitled, in addition to fees and mileage, to receive the per diem compensation for subsistence and transportation authorized by NRS 281.160 for each day of actual attendance at such a hearing and for each day necessarily occupied in traveling to and from such a hearing.

4.  Except as otherwise provided in subsection 5, a party who requests that the Board issue a subpoena to a person shall pay to the Board the amount of any compensation for subsistence and transportation that the person is entitled to receive from the Board pursuant to subsection 3.

5.  As part of an award of costs to the party who prevails in a proceeding, the Board may require the party who did not prevail in the proceeding to pay to the Board the amount of any compensation for subsistence and transportation that the prevailing party would have otherwise been required to pay to the Board pursuant to subsection 4.

    Sec. 3.3.  1.  The Legislature finds as facts:

(a) That the services provided by the State and local government employers are of such nature that they are not and cannot be duplicated from other sources and are essential to the health, safety and welfare of the people of the State of Nevada;

(b) That the continuity of such services is likewise essential, and their disruption incompatible with the responsibility of the State to its people; and

(c) That every person who enters or remains in the employment of the State or a local government employer accepts the facts stated in paragraphs (a) and (b) as an essential condition of his employment.

2.  The Legislature therefore declares it to be the public policy of the State of Nevada that strikes against the State or any local government employer are illegal.

    Sec. 3.35.  1.  If a strike occurs against the State or a local government employer, the State or local government employer shall, and if a strike is threatened against the State or a local government employer, the State or local government employer may, apply to a court of competent jurisdiction to enjoin the strike. The application must set forth the facts constituting the strike or threat to strike.

2.  If the court finds that an illegal strike has occurred or unless enjoined will occur, it shall enjoin the continuance or commencement of the strike. The provisions of N.R.C.P. 65 and the other Nevada Rules of Civil Procedure apply generally to proceedings under this section, but the court shall not require security of the State or of any local government employer.

    Sec. 3.4.  1.  If a strike is commenced or continued in violation of an order issued pursuant to section 3.35 of this act, the court may:

(a) Punish the employee organization or organizations guilty of the violation by a fine of not more than $50,000 against each organization for each day of continued violation.

(b) Punish any officer of an employee organization who is wholly or partly responsible for the violation by a fine of not more than $1,000 for each day of continued violation, or by imprisonment as provided in NRS 22.110.

(c) Punish any employee of the State or a local government employer who participates in the strike by ordering the dismissal or suspension of the employee.

2.  Any of the penalties enumerated in subsection 1 may be applied alternatively or cumulatively, in the discretion of the court.

    Sec. 3.45.  1.  If a strike or violation is commenced or continued in violation of an order issued pursuant to section 3.35 of this act, the State or the local government employer may:

(a) Dismiss, suspend or demote all or any of the employees who participate in the strike or violation.

(b) Cancel the contracts of employment of all or any of the employees who participate in the strike or violation.

(c) Withhold all or any part of the salaries or wages which would otherwise accrue to all or any of the employees who participate in the strike or violation.

2.  Any of the powers conferred by subsection 1 may be exercised alternatively or cumulatively.

    Sec. 3.5.  As used in NRS 288.140 to 288.280, inclusive, and sections 3.5 to 3.9, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3.6 to 3.8, inclusive, of this act have the meanings ascribed to them in those sections.

    Sec. 3.6.  “Bargaining unit” means a group of local government employees recognized by the local government employer as having sufficient community of interest appropriate for representation by an employee organization for the purpose of collective bargaining.

    Sec. 3.7.  “Collective bargaining” means a method of determining conditions of employment by negotiation between representatives of the local government employer and employee organizations, entailing a mutual obligation of the local government employer and the representative of the local government employees to meet at reasonable times and bargain in good faith with respect to:

1.  Wages, hours and other terms and conditions of employment;

2.  The negotiation of an agreement;

3.  The resolution of any question arising under a negotiated agreement; or

4.  The execution of a written contract incorporating any agreement reached if requested by either party,

but this obligation does not compel either party to agree to a proposal or require the making of a concession.

    Sec. 3.75.  “Mediation” means assistance by an impartial third party to reconcile differences between a local government employer and a bargaining unit through interpretation, suggestion and advice.

    Sec. 3.8.  “Recognition” means the formal acknowledgment by the local government employer that a particular employee organization has the right to represent the local government employees within a particular bargaining unit.

    Sec. 3.9.  The Board shall adopt regulations governing:

1.  The recognition of employee organizations; and

2.  The determination of bargaining units.”.

    Amend the bill as a whole by deleting sec. 6 and adding:

    “Sec. 6.  (Deleted by amendment.)”.

    Amend sec. 10, page 4, by deleting lines 6 through 9 and inserting:

    “(a) A managerial employee whose primary function, as determined by the Board, is to administer and control the business of any agency, board, bureau, commission, department, division, elected officer or any other unit of the Executive Department of State Government and who is vested with discretion and independent judgment with regard to the general conduct and control of that agency, board, bureau, commission, department, division, elected officer or unit;”.

    Amend the bill as a whole by deleting sec. 11 and adding:

    “Sec. 11.  (Deleted by amendment.)”.

    Amend the bill as a whole by deleting sec. 13 and adding:

    “Sec. 13.  (Deleted by amendment.)”.

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

    “Sec. 15.  (Deleted by amendment.)”.

    Amend sec. 17, page 5, line 5, by deleting “and”.

    Amend sec. 17, page 5, line 6, after “5.” by inserting: “Discipline and discharge; and

6.”.

    Amend the bill as a whole by deleting sections 19 through 24 and adding:

    “Secs. 19-24.  (Deleted by amendment.)”.

    Amend sec. 27, page 10, between lines 20 and 21, by inserting:

    “(j) Employees of the State Printing Division of the Department of Administration, not including compositors, assistant compositors, bindery operators, assistant bindery operators, pressmen and assistant pressmen employed pursuant to NRS 344.080 by the Superintendent of the State Printing Division.

(k) Employees of the University and Community College System of Nevada.”.

    Amend sec. 27, page 10, line 31, after “6.” by inserting: “The Board shall determine whether the employment functions of any group of employees performing managerial functions preclude the inclusion of those employees in a bargaining unit.

7.”.

    Amend sec. 35, page 15, line 23, by deleting: “NRS 288.230 to 288.260, inclusive,” and inserting: “sections 3.3 to 3.45, inclusive, of this act, relating to strikes,”.

    Amend sec. 38, page 16, line 44, by deleting: “sections 23 and 24” and inserting: “NRS 288.120 and section 3.2”.

    Amend sec. 38, page 17, line 1, by deleting: “sections 23 and 24” and inserting: “NRS 288.120 and section 3.2”.

    Amend sec. 38, page 17, line 7, by deleting “24” and inserting “3.2”.

    Amend sec. 38, page 17, line 9, by deleting “24” and inserting “3.2”.

    Amend sec. 51, page 24, line 19, by deleting: “[this chapter,] NRS 288.020 to 288.280,” and inserting “this chapter,”.

    Amend sec. 51, page 24, line 20, by deleting “inclusive,”.

    Amend sec. 51, page 24, line 21, by deleting: “288.025 to 288.075, inclusive,” and inserting: “[288.025 to 288.075,] 288.030 to 288.070, inclusive, and sections 3.1 and 3.15 of this act”.

    Amend the bill as a whole by adding new sections designated sections 51.2 through 51.8, following sec. 51, to read as follows:

    “Sec. 51.2.  NRS 288.030 is hereby amended to read as follows:

    288.030  “Board” means the [Local Government] Public Employee-Management Relations Board.

    Sec. 51.4.  NRS 288.040 is hereby amended to read as follows:

    288.040  “Employee organization” means an organization [of any kind having as one of its purposes improvement of the terms and conditions of employment of local government] that is created, maintained and operated to represent employees concerning the terms and conditions of employment for those employees.

    Sec. 51.6.  NRS 288.080 is hereby amended to read as follows:

    288.080  1.  The [Local Government] Public Employee-Management Relations Board is hereby created, consisting of [three members,] :

(a) Three members appointed by the Governor;

(b) One member appointed by the Majority Leader of the Senate; and

(c) One member appointed by the Speaker of the Assembly.

2.  The members of the Board must be broadly representative of the public and not closely allied with any employee organization or local government employer [, not] or with the Executive Department. No more than [two of whom] three members of the Board may be members of the same political party.

3.  The term of office of each member is 4 years.

[2. The Governor shall appoint the members of the Board.]

    Sec. 51.8.  NRS 288.090 is hereby amended to read as follows:

    288.090  1.  The members of the Board shall annually elect one of their number as Chairman and one as Vice Chairman. Any [two] three members of the Board constitute a quorum.

    2.  The Board may, within the limits of legislative appropriations:

    (a) Appoint a Commissioner and a Secretary, who [shall be] are in the unclassified service of the State; and

    (b) Employ such additional clerical personnel as may be necessary, who [shall be] are in the classified service of the State.”.

    Amend sec. 52, page 24, by deleting lines 24 through 28 and inserting:

    “288.110  1.  The Board may [make rules governing:

(a) Proceedings before it;

(b) Procedures for fact-finding;

(c) The recognition of employee organizations; and

(d) The determination of bargaining units.] adopt:

(a) Regulations governing proceedings before the Board;

(b) Regulations establishing procedures for fact-finding; and

(c) Such other regulations as are necessary for the Board to carry out its duties pursuant to this chapter.”.

    Amend sec. 52, page 24, by deleting lines 31 through 33 and inserting: “this chapter by any [local government employer, local government employee or employee organization.] aggrieved person or governmental entity. The Board shall conduct a hearing within 90 days after”.

    Amend the bill as a whole by deleting sec. 53 and adding:

    “Sec. 53.  (Deleted by amendment.)”.

    Amend sec. 54, page 26, line 11, by deleting: “288.020 to 288.280, inclusive,” and inserting: “288.140 to 288.280, inclusive, and sections 3.5 to 3.9, inclusive, of this act,”.

    Amend sec. 55, page 27, line 5, by deleting: “288.020 to 288.280, inclusive.” and inserting: “288.140 to 288.280, inclusive, and sections 3.5 to 3.9, inclusive, of this act.”.

    Amend sec. 55, page 27, line 7, by deleting: “NRS 288.020 to 288.280, inclusive.” and inserting: “sections 3.3 to 3.45, inclusive, of this act.”.

    Amend sec. 55, page 27, lines 38 and 39, by deleting: “288.020 to 288.280, inclusive,” and inserting: “288.140 to 288.280, inclusive, and sections 3.5 to 3.9, inclusive, of this act,”.

    Amend sec. 55, page 28, lines 1 and 2, by deleting: “288.020 to 288.280, inclusive,” and inserting: “288.140 to 288.280, inclusive, and sections 3.5 to 3.9, inclusive, of this act,”.

    Amend sec. 55, page 28, line 8, by deleting: “288.020 to 288.280, inclusive,” and inserting: “288.140 to 288.280, inclusive, and sections 3.5 to 3.9, inclusive, of this act”.

    Amend sec. 56, page 28, line 19, by deleting: “288.020 to 288.280, inclusive,” and inserting: “288.140 to 288.280, inclusive, and sections 3.5 to 3.9, inclusive, of this act”.

    Amend the bill as a whole by adding new sections designated sections 56.3 and 56.7, following sec. 56, to read as follows:

    “Sec. 56.3.  NRS 288.160 is hereby amended to read as follows:

    288.160  1.  An employee organization may apply to a local government employer for recognition by presenting:

    (a) A copy of its constitution and bylaws, if any;

    (b) A roster of its officers, if any, and representatives; and

    (c) A pledge in writing not to strike against the local government employer under any circumstances. A local government employer shall not recognize as representative of its employees any employee organization which has not adopted, in a manner valid under its own rules, the pledge required by paragraph (c).

    2.  If an employee organization, at or after the time of its application for recognition, presents a verified membership list showing that it represents a majority of the employees in a bargaining unit, and if the employee organization is recognized by the local government employer, it [shall be] is the exclusive bargaining agent of the local government employees in that bargaining unit.

    3.  A local government employer may withdraw recognition from an employee organization which:

    (a) Fails to present a copy of each change in its constitution or bylaws, if any, or to give notice of any change in the roster of its officers, if any, and representatives;

    (b) Disavows its pledge not to strike against the local government employer under any circumstances;

    (c) Ceases to be supported by a majority of the local government employees in the bargaining unit for which it is recognized; or

    (d) Fails to negotiate in good faith with the local government employer,

if it first receives the written permission of the Board.

    4.  If the Board in good faith doubts whether any employee organization is supported by a majority of the local government employees in a particular bargaining unit, it may conduct an election by secret ballot upon the question. Subject to judicial review, the decision of the Board is binding upon the local government employer and all employee organizations involved.

    5.  The parties may agree in writing, without appealing to the Board, to hold a representative election to determine whether an employee organization represents the majority of the local government employees in a bargaining unit. Participation by the Board and its staff in an agreed election is subject to the approval of the Board.

6.  As used in this section, “bargaining agent” means an employee organization recognized by the local government employer as the exclusive representative of all local government employees in the bargaining unit for purposes of collective bargaining.

    Sec. 56.7.  NRS 288.170 is hereby amended to read as follows:

    288.170  1.  Each local government employer which has recognized one or more employee organizations shall determine, after consultation with the recognized organization or organizations, which group or groups of its employees constitute an appropriate unit or units for negotiating. The primary criterion for that determination must be the community of interest among the employees concerned.

    2.  A principal, assistant principal or other school administrator below the rank of superintendent, associate superintendent or assistant superintendent [shall] must not be a member of the same bargaining unit with public school teachers unless the school district employs fewer than five principals but may join with other officials of the same specified ranks to negotiate as a separate bargaining unit.

    3.  A head of a department of a local government, an administrative employee or a supervisory employee [shall] must not be a member of the same bargaining unit as the employees under his direction. Any dispute between the parties as to whether an employee is a supervisor must be submitted to the Board. An employee organization which is negotiating on behalf of two or more bargaining units consisting of firemen or police officers, as defined in NRS 288.215, may select members of the units to negotiate jointly on behalf of each other, even if one of the units consists of supervisory employees and the other unit does not.

    4.  Confidential employees of the local government employer must be excluded from any bargaining unit but are entitled to participate in any plan to provide benefits for a group that is administered by the bargaining unit of which they would otherwise be a member.

    5.  If any employee organization is aggrieved by the determination of a bargaining unit, it may appeal to the Board. Subject to judicial review, the decision of the Board is binding upon the local government employer and employee organizations involved. The Board shall apply the same criterion as specified in subsection 1.

    6.  As used in this section [, “confidential] :

(a) “Administrative employee” means any employee whose primary duties consist of work directly related to management policies, who customarily exercises discretion and independent judgment and regularly assists an executive. The term includes the chief administrative officer, his deputy and immediate assistants, department heads, their deputies and immediate assistants, attorneys, appointed officials and others who are primarily responsible for formulating and administering management policy and programs.

(b) “Confidential employee” means an employee who is involved in the decisions of management affecting collective bargaining.

(c) “Supervisory employee” means any person having authority in the interest of the employer to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward or discipline other employees or responsibility to direct them, to adjust their grievances or effectively to recommend such action, if in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment. The exercise of such authority shall not be deemed to place the employee in supervisory employee status unless the exercise of such authority occupies a significant portion of the employee’s workday. Nothing in this paragraph may be construed to mean that an employee who has been given incidental administrative duties is classified as a supervisory employee.”.

    Amend sec. 57, page 28, line 24, by deleting: “288.020 to 288.280, inclusive,” and inserting: “288.140 to 288.280, inclusive, and sections 3.5 to 3.9, inclusive, of this act,”.

    Amend sec. 57, page 29, line 2, by deleting: “288.020 to 288.280, inclusive,” and inserting: “288.140 to 288.280, inclusive, and sections 3.5 to 3.9, inclusive, of this act”.

    Amend sec. 57, page 29, lines 5 and 6, by deleting: “288.020 to 288.280, inclusive.” and inserting: “288.140 to 288.280, inclusive, and sections 3.5 to 3.9, inclusive, of this act.”.

    Amend sec. 58, page 29, line 26, by deleting: “288.020 to 288.280, inclusive;” and inserting: “288.140 to 288.280, inclusive, and sections 3.5 to 3.9, inclusive, of this act;”.

    Amend sec. 59, page 30, line 5, by deleting: “288.020 to 288.280, inclusive,” and inserting: “288.140 to 288.280, inclusive, and sections 3.5 to 3.9, inclusive, of this act”.

    Amend sec. 60, page 30, lines 23 and 24, by deleting: “288.020 to 288.280, inclusive.” and inserting: “288.140 to 288.280, inclusive, and sections 3.5 to 3.9, inclusive, of this act.”.

    Amend sec. 60, page 30, line 33, by deleting: “288.020 to 288.280, inclusive,” and inserting: “288.140 to 288.280, inclusive, and sections 3.5 to 3.9, inclusive, of this act”.

    Amend sec. 60, page 30, line 39, by deleting: “288.020 to 288.280, inclusive.” and inserting: “288.140 to 288.280, inclusive, and sections 3.5 to 3.9, inclusive, of this act.”.

    Amend sec. 60, page 31, line 3, by deleting: “288.020 to 288.280, inclusive.” and inserting: “288.140 to 288.280, inclusive, and sections 3.5 to 3.9, inclusive, of this act.”.

    Amend sec. 60, page 31, line 8, by deleting: “288.020 to 288.280, inclusive.” and inserting: “288.140 to 288.280, inclusive, and sections 3.5 to 3.9, inclusive, of this act.”.

    Amend sec. 61, page 31, lines 22 and 23, by deleting: “288.020 to 288.280, inclusive.” and inserting: “288.140 to 288.280, inclusive, and sections 3.5 to 3.9, inclusive, of this act.”.

    Amend sec. 62, page 31, line 38, by deleting: “288.020 to 288.280, inclusive,” and inserting: “288.140 to 288.280, inclusive, and sections 3.5 to 3.9, inclusive, of this act,”.

    Amend sec. 63, page 33, line 21, by deleting: “288.020 to 288.280, inclusive,” and inserting: “288.140 to 288.280, inclusive, and sections 3.5 to 3.9, inclusive, of this act”.

    Amend sec. 64, page 34, line 24, by deleting: “288.020 to 288.280, inclusive,” and inserting: “288.140 to 288.280, inclusive, and sections 3.5 to 3.9, inclusive, of this act,”.

    Amend sec. 65, page 34, line 41, by deleting: “288.020 to 288.280, inclusive,” and inserting: “288.140 to 288.280, inclusive, and sections 3.5 to 3.9, inclusive, of this act”.

    Amend sec. 66, page 35, lines 28 and 29, by deleting: “288.020 to 288.280, inclusive,” and inserting: “288.140 to 288.280, inclusive, and sections 3.5 to 3.9, inclusive, of this act”.

    Amend sec. 67, page 36, line 1, by deleting: “288.020 to 288.280, inclusive,” and inserting: “288.140 to 288.280, inclusive, and sections 3.5 to 3.9, inclusive, of this act”.

    Amend sec. 67, page 36, line 4, by deleting: “288.020 to 288.280, inclusive:” and inserting: “288.140 to 288.280, inclusive, and sections 3.5 to 3.9, inclusive, of this act:”.

    Amend sec. 67, page 36, line 9, by deleting: “288.020 to 288.280, inclusive,” and inserting: “288.140 to 288.280, inclusive, and sections 3.5 to 3.9, inclusive, of this act,”.

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

    “Sec. 70.5.  NRS 354.624 is hereby amended to read as follows:

    354.624  1.  Each local government shall provide for an annual audit of all of its financial statements. A local government may provide for more frequent audits as it deems necessary. Except as otherwise provided in subsection 2, each annual audit must be concluded and the report of the audit submitted to the governing body as provided in subsection 6 not later than
5 months after the close of the fiscal year for which the audit is conducted. An extension of this time may be granted by the Department of Taxation to any local government that submits an application for an extension to the Department. If the local government fails to provide for an audit in accordance with the provisions of this section, the Department of Taxation shall cause the audit to be made at the expense of the local government. All audits must be conducted by a certified public accountant or by a partnership or professional corporation that is registered pursuant to chapter 628 of NRS.

    2.  The annual audit of a school district must:

    (a) Be concluded and the report submitted to the board of trustees as provided in subsection 6 not later than 4 months after the close of the fiscal year for which the audit is conducted.

    (b) If the school district has more than 150,000 pupils enrolled, include an audit of the expenditure by the school district of public money used:

        (1) To design, construct or purchase new buildings for schools or related facilities;

        (2) To enlarge, remodel or renovate existing buildings for schools or related facilities; and

        (3) To acquire sites for building schools or related facilities, or other real property for purposes related to schools.

    3.  The governing body may, without requiring competitive bids, designate the auditor or firm annually. The auditor or firm must be designated and notification of the auditor or firm designated must be sent to the Department of Taxation not later than 3 months before the close of the fiscal year for which the audit is to be made.

    4.  Each annual audit must cover the business of the local government during the full fiscal year. It must be a financial audit conducted in accordance with generally accepted auditing standards in the United States, including, findings on compliance with statutes and regulations and an expression of opinion on the financial statements. The Department of Taxation shall prescribe the form of the financial statements, and the chart of accounts must be as nearly as possible the same as the chart that is used in the preparation and publication of the annual budget. The report of the audit must include:

    (a) A schedule of all fees imposed by the local government which were subject to the provisions of NRS 354.5989; and

    (b) A comparison of the operations of the local government with the approved budget, including a statement from the auditor that indicates whether the governing body has taken action on the audit report for the prior year.

    5.  Each local government shall provide to its auditor:

    (a) A statement indicating whether each of the following funds established by the local government is being used expressly for the purposes for which it was created, in the form required by NRS 354.6241:

        (1) An enterprise fund.

        (2) An internal service fund.

        (3) A fiduciary fund.

        (4) A self-insurance fund.

        (5) A fund whose balance is required by law to be:

            (I) Used only for a specific purpose other than the payment of compensation to a bargaining unit, as defined in [NRS 288.028;] section 3.6 of this act; or

            (II) Carried forward to the succeeding fiscal year in any designated amount.

    (b) A list and description of any property conveyed to a nonprofit organization pursuant to NRS 244.287 or 268.058.

    6.  The opinion and findings of the auditor contained in the report of the audit must be presented at a meeting of the governing body held not more than 30 days after the report is submitted to it. Immediately thereafter, the entire report, together with the management letter required by generally accepted auditing standards in the United States or by regulations adopted pursuant to NRS 354.594, must be filed as a public record with:

    (a) The clerk or secretary of the governing body;

    (b) The county clerk;

    (c) The Department of Taxation; and

    (d) In the case of a school district, the Department of Education.

    7.  If an auditor finds evidence of fraud or dishonesty in the financial statements of a local government, the auditor shall report such evidence to the appropriate level of management in the local government.

    8.  The governing body shall act upon the recommendations of the report of the audit within 3 months after receipt of the report, unless prompter action is required concerning violations of law or regulation, by setting forth in its minutes its intention to adopt the recommendations, to adopt them with modifications or to reject them for reasons shown in the minutes.”.

    Amend sec. 71, page 38, lines 43 and 44, by deleting: “288.020 to 288.280, inclusive.” and inserting: “288.140 to 288.280, inclusive, and sections 3.5 to 3.9, inclusive, of this act.”.

    Amend sec. 72, page 39, lines 26 and 27, by deleting: “288.020 to 288.280, inclusive;” and inserting: “288.140 to 288.280, inclusive, and sections 3.5 to 3.9, inclusive, of this act;”.

    Amend sec. 73, page 41, line 11, by deleting: “288.020 to 288.280, inclusive,” and inserting: “288.140 to 288.280, inclusive, and sections 3.5 to 3.9, inclusive, of this act,”.

    Amend sec. 74, page 41, lines 39 and 40, by deleting: “288.020 to 288.280, inclusive,” and inserting: “288.140 to 288.280, inclusive, and sections 3.5 to 3.9, inclusive, of this act”.

    Amend sec. 75, page 43, lines 38 and 39, by deleting: “288.020 to 288.280, inclusive,” and inserting: “288.140 to 288.280, inclusive, and sections 3.5 to 3.9, inclusive, of this act”.

    Amend sec. 75, page 43, line 44, by deleting: “288.020 to 288.280, inclusive,” and inserting: “288.140 to 288.280, inclusive, and sections 3.5 to 3.9, inclusive, of this act”.

    Amend sec. 75, page 45, line 4, by deleting: “288.020 to 288.280, inclusive;” and inserting: “288.140 to 288.280, inclusive, and sections 3.5 to 3.9, inclusive, of this act;”.

    Amend sec. 76, page 45, line 14, by deleting: “288.020 to 288.280, inclusive,” and inserting: “288.140 to 288.280, inclusive, and sections 3.5 to 3.9, inclusive, of this act”.

    Amend sec. 77, page 48, lines 11 and 12, by deleting: “288.020 to 288.280, inclusive,” and inserting: “288.140 to 288.280, inclusive, and sections 3.5 to 3.9, inclusive, of this act,”.

    Amend sec. 78, page 49, line 22, by deleting: “288.020 to 288.280, inclusive,” and inserting: “288.140 to 288.280, inclusive, and sections 3.5 to 3.9, inclusive, of this act,”.

    Amend sec. 79, page 50, line 28, by deleting: “288.020 to 288.280, inclusive,” and inserting: “288.140 to 288.280, inclusive, and sections 3.5 to 3.9, inclusive, of this act,”.

    Amend sec. 80, page 51, lines 1 and 2, by deleting: “288.020 to 288.280, inclusive.” and inserting: “288.140 to 288.280, inclusive, and sections 3.5 to 3.9, inclusive, of this act.”.

    Amend sec. 81, page 51, by deleting line 10 and inserting:

    “Sec. 81.  NRS 288.010, 288.025, 288.027, 288.028, 288.033, 288.063, 288.067, 288.075, 288.230, 288.240, 288.250 and 288.260 are hereby repealed.”.

    Amend sec. 82, page 51, line 11, by deleting “As” and inserting: “Notwithstanding the provisions of NRS 288.080 to the contrary, as”.

    Amend sec. 82, page 51, by deleting line 12 and inserting: “additional members of the Public Employee-Management Relations Board”.

    Amend sec. 82, page 51, by deleting lines 14 through 21 and inserting:

    “1.  One member appointed by the Majority Leader of the Senate to an initial term that begins on July 1, 2003, and ends on June 30, 2005; and

    2.  One member appointed by the Speaker of the Assembly to an initial term that begins on July 1, 2003, and ends on June 30, 2007.”.

    Amend the bill as a whole by adding new sections designated sections 83.3 and 83.7, following sec. 83, to read as follows:

    “Sec. 83.3.  1.  Any member of the Local Government Employee-Management Relations Board whose term does not expire until June 30, 2005, remains in office on the Public Employee-Management Relations Board for the duration of that term unless he is removed before that date in the manner authorized by law.

    2.  Any rules and regulations adopted by the Local Government Employee-Management Relations Board that are in force on June 30, 2003, remain in force until amended by the Public Employee-Management Relations Board. Such regulations may be enforced by the Public Employee-Management Relations Board.

    3.  Any contracts or other agreements entered into by the Local Government Employee-Management Relations Board are binding on and may be enforced by the Public Employee-Management Relations Board.

    Sec. 83.7.  To the extent not inconsistent with the provisions of this act, the rules and regulations of the Local Government Employee-Management Relations Board that are in force on June 30, 2003, apply to collective bargaining agreements between the Executive Department as defined in section 3.1 of this act and employees as defined in section 10 of this act entered into pursuant to this act until the rules and regulations are amended by the Public Employee-Management Relations Board. For the purposes of this section, any reference in those rules and regulations to:

    1.  A local government employee shall be deemed to include an employee as defined in section 10 of this act.

    2.  A local government employer shall be deemed to include the Executive Department as defined in section 3.1 of this act.”.

    Amend sec. 84, page 51, by deleting line 26 and inserting:

    “Sec. 84.  1.  This section and section 82 of this act become effect upon passage and approval.

    2.  Sections 1 to 81, inclusive, 83, 83.3 and 83.7 of this act become effective upon passage and approval for the purpose of adopting regulations and on July 1, 2003, for all other purposes.”.

    Amend the bill as a whole by deleting the text of the repealed section and adding the leadlines of repealed sections to read as follows:

“

LEADLINES OF REPEALED SECTIONS

    288.010  Short title.

    288.025  “Administrative employee” defined.

    288.027  “Bargaining agent” defined.

    288.028  “Bargaining unit” defined.

    288.033  “Collective bargaining” defined.

    288.063  “Mediation” defined.

    288.067  “Recognition” defined.

    288.075  “Supervisory employee” defined.

    288.230  Legislative declaration; illegality of strikes.

    288.240  Injunctive relief against strike or threatened strike.

    288.250  Punishment of employee organization, officer or employee by court for commencement or continuation of strike in violation of order.

    288.260  Punishment of employee by employer for commencement or continuation of strike or violation in violation of court’s order.”.

    Amend the title of the bill by deleting the second and third lines and inserting: “bargaining for certain state employees; changing the name of the Local Government Employee-Management Relations Board to the Public Employee-Management Relations Board; increasing the number of members of the Board; expanding the duties of the Board to include collective bargaining for certain state employees; providing for”.

    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. 81.

    Bill read second time.

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

    Amendment No. 409.

    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 597 is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

    Sec. 2.  As used in sections 2 and 3 of this act, unless the context otherwise requires, “intellectual property” means:

1.  A patent issued by the United States Patent and Trademark Office.

2.  A copyright registered with the United States Copyright Office.

3.  A copyright recognized by the common law.

    Sec. 3.  1.  An owner of intellectual property has a right to receive all economic benefits associated with the ownership of the intellectual property. These rights include, without limitation, the right to receive consideration for the use of the intellectual property by another person.

2.  A person is liable for the intentional interference with the prospective economic expectations of an owner of intellectual property if the person intentionally uses the intellectual property of another without the expressed authorization of the owner of the intellectual property.

3.  An owner of intellectual property may proceed by suit to recover for his lost economic expectations caused by the unauthorized use of his intellectual property.

4.  A court of competent jurisdiction shall, upon finding a defendant liable for the intentional interference with the prospective economic expectations of an owner of intellectual property, award to the owner of the intellectual property treble damages on all profits derived from the intentional acts of the defendant and treble damages on all damages suffered by reason of those acts.

5.  In an action brought pursuant to this section, the court may award costs and attorney’s fees to the prevailing party.”.

    Amend section 1, page 1, by deleting lines 4 through 9 and inserting: “counterfeits or imitations of it . [and a]

2.  A court of competent jurisdiction may [grant] :

(a) Grant injunctions to restrain such manufacture, use, display or sale as it deems just and reasonable under the circumstances [, and may require the defendants] ;

(b) Require the defendant to pay to the owner all profits derived from [his] the wrongful acts of the defendant and all damages suffered by reason of these acts [. The court may also order] ;

(c) Require the defendant to pay to the owner treble damages on all profits derived from the willful and wrongful acts of the defendant and treble damages on all damages suffered by reason of these acts; and

(d) Order that any”.

    Amend section 1, page 1, line 13, by deleting “2.” and inserting “[2.] 3.”.

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

    Amend the title of the bill, first line, by deleting “marks;” and inserting: “intellectual property; providing for the protection of intellectual property by authorizing a civil action for the unauthorized use of the intellectual property;”.

    Amend the summary of the bill to read as follows:

    “SUMMARY—Providing for certain civil actions and remedies related to intellectual property. (BDR 52‑366)”.

    Assemblyman Goldwater moved the adoption of the amendment.

    Remarks by Assemblyman Goldwater.

    Amendment adopted.

    Bill ordered reprinted, engrossed, and to third reading.

    Assembly Bill No. 114.

    Bill read second time.

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

    Amendment No. 341.

    Amend section 1, page 1, line 5, by deleting “and”.

    Amend section 1, page 1, line 6, by deleting “elector.” and inserting “elector; and”.

    Amend section 1, page 1, between lines 6 and 7, by inserting:

    “3.  On or after January 1, 2006, he is certified by the Peace Officers’ Standards and Training Commission created pursuant to NRS 289.500 as a Category I or Category II peace officer at the time he files his declaration of candidacy for the office of sheriff.”.

    Amend the title of the bill to read as follows:

    “AN ACT relating to counties; providing qualifications for the county offices of sheriff and constable; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

    “SUMMARY—Provides qualifications for county offices of sheriff and constable. (BDR 20‑1020)”.

    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. 136.

    Bill read second time.

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

    Amendment No. 119.

    Amend section 1, page 2, by deleting lines 2 and 3 and inserting: “property and other interests in property, except water rights, as necessary for the establishment, control, management”.

    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. 184.

    Bill read second time.

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

    Amendment No. 259.

    Amend sec. 6, page 2, lines 40 and 44, by deleting “Parliamentary” and inserting “Legislative”.

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

    Amend sec. 13, page 9, line 5, before “This” by inserting “1.”.

    Amend sec. 13, page 9, by deleting lines 7 and 8 and inserting: “Park Rent Review Board and adopting regulations, and on October 1, 2003, for all other”.

    Amend sec. 13, page 9, after line 9, by inserting:

    “2.  This act expires by limitation on September 30, 2007.”.

    Amend the title of the bill, seventh and eighth lines, by deleting: “revising the powers and duties of the State Library and Archives Administrator;”.

    Assemblyman Goldwater moved the adoption of the amendment.

    Remarks by Assemblyman Goldwater.

    Amendment adopted.

    Bill ordered reprinted, engrossed, and to third reading.

    Assembly Bill No. 212.

    Bill read second time.

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

    Amendment No. 414.

    Amend sec. 2, page 2, by deleting lines 31 through 42 and inserting: “appeals in connection with any judgment, file a verified petition in the court in which the judgment was entered for an order directing payment from the Account in the amount of actual damages included in the judgment and unpaid, but not more than $25,000 per judgment and the liability of the Account may not exceed $100,000 for any licensee.”.

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

    “(c) If assets are known to exist, the writ of execution that”.

    Amend sec. 2, page 3, by deleting lines 34 through 36.

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

    Amend the title of the bill by deleting the third through eighth lines and inserting: “to manufactured housing; prohibiting certain persons who are so licensed from recovering damages from the Account for Education and Recovery Relating to Manufactured Housing under certain circumstances; and”.

    Assemblyman Goldwater moved the adoption of the amendment.

    Remarks by Assemblyman Goldwater.

    Amendment adopted.

    Bill ordered reprinted, engrossed, and to third reading.

    Assembly Bill No. 311.

    Bill read second time.

    The following amendment was proposed by the Committee on Education:

    Amendment No. 365.

    Amend sec. 2, page 2, line 18, by deleting: “3 to 9, inclusive,” and inserting: “3, 4 and 5”.

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

    Amend sec. 4, page 3, by deleting lines 15 through 33 and inserting:

    “Sec. 3.  1.  A homeschooled child must be allowed to participate in interscholastic activities and events in accordance with the regulations adopted by the association pursuant to NRS 386.430.

2.  The provisions of NRS 386.420 to 386.470, inclusive, and sections 3, 4 and 5 of this act and the regulations adopted”.

    Amend sec. 4, page 3, line 43, by deleting “condition;” and inserting “examination;”.

    Amend the bill as a whole by deleting sections 5 through 7 and renumbering sections 8 through 11 as sections 4 through 7.

    Amend sec. 9, page 5, line 16, by deleting: “The association, a” and inserting “A”.

    Amend sec. 9, page 5, line 21, by deleting: “4 to 9, inclusive,” and inserting: “3, 4 and 5”.

    Amend sec. 9, page 5, by deleting lines 24 through 29 and inserting: “inclusive, and sections 3, 4 and 5 of this act, that are more restrictive than the provisions governing eligibility and participation prescribed by the association pursuant NRS 386.430.”.

    Amend sec. 10, page 5, by deleting lines 31 and 32 and inserting:          “386.430  1.  The”.

    Amend sec. 10, page 5, by deleting lines 36 through 38 and inserting: “and sections 3, 4 and 5 of this act. The regulations must include provisions governing the eligibility and participation of homeschooled children in interscholastic activities and events.”.

    Amend sec. 10, page 5, by deleting lines 41 through 43 and inserting: “children, the association shall consult with the Northern Nevada Homeschool Advisory Council and the Southern Nevada Homeschool Advisory Council, or their successor organizations, to provide those Councils”.

    Amend the bill as a whole by deleting sec. 12 and renumbering sections 13 and 14 as sections 8 and 9.

    Amend sec. 13, page 8, by deleting lines 35 through 39.

    Amend sec. 13, page 9, line 15, by deleting: “4 to 9, inclusive,” and inserting: “3, 4 and 5”.

    Amend the title of the bill to read as follows:

    “AN ACT relating to education; providing for the participation of homeschooled children in interscholastic activities and events under certain circumstances; requiring the association formed for the purposes of controlling, supervising and regulating interscholastic events to adopt regulations governing the participation of homeschooled children; requiring the association to consult with certain homeschool advisory councils concerning the adoption and revision of such regulations; and providing other matters properly relating thereto.”.

    Assemblyman Williams moved the adoption of the amendment.

    Remarks by Assemblymen Williams and Anderson.

    Amendment adopted.

    Bill ordered reprinted, engrossed, and to third reading.

    Assembly Bill No. 353.

    Bill read second time.

    The following amendment was proposed by the Committee on Education:

    Amendment No. 383.

    Amend sec. 2, pages 1 and 2, by deleting lines 3 through 6 on page 1 and lines 1 through 41 on page 2, and inserting:

    “Sec. 2.  1.  The Board of Regents shall prescribe a form that provides for the informed consent of students concerning the directory information that a university, university foundation, state college or community college, as applicable, makes public. The form must:

(a) Allow each student a reasonable opportunity to indicate whether the student opts not to authorize the release or disclosure of personally identifiable information concerning the student for:

(1) Commercial purposes, without the prior written consent of the student;

(2) Noncommercial purposes, without the prior written consent of the student; or

(3) Both commercial and noncommercial purposes, without the prior written consent of the student.

(b) Inform the student that:

(1) If he does not return the form indicating that his personally identifiable information must not be released or disclosed, then it is probable that the information will be released or disclosed.

(2) If he returns the form indicating that his personally identifiable information must not be released or disclosed, then the university, university foundation, state college or community college, as applicable, will not release or disclose the information without his prior written consent.

(c) Be included with the other forms required for admission to the university, state college or community college, as applicable.

2.  A university, university foundation, state college or community college shall not release, disclose or otherwise use any personally identifiable information concerning a student without the prior written consent of the student for:

(a) Commercial or noncommercial purposes if the student has returned a form indicating that he does not authorize release or disclosure for those purposes without his consent;

(b) Commercial purposes if the student has returned a form indicating that he does not authorize release or disclosure for those purposes without his consent; or

(c) Noncommercial purposes if the student has returned a form indicating that he does not authorize release or disclosure for those purposes.”.

    Amend sec. 2, page 2, line 42, by deleting “4.” and inserting “3.”.

    Amend sec. 4, page 3, line 12, by deleting “7” and inserting “nine”.

    Amend sec. 4, page 3, line 30, by deleting “4” and inserting “6”.

    Amend sec. 6, page 3, by deleting lines 38 through 41 and inserting: “pursuant to section 2 of this act to each student currently enrolled in a university, state college or community college within the University and Community College System of Nevada.”.

    Amend sec. 7, page 4, line 1, by deleting “Three” and inserting “Four”.

    Amend sec. 7, page 4, line 5, by deleting “Four” and inserting “Five”.

    Amend the title of the bill to read as follows:

    “AN ACT relating to the University and Community College System of Nevada; providing in skeleton form for a reduction in the size of the Board of Regents; providing for the informed consent of a student enrolled in a university, state college or community college within the System concerning the public disclosure of personally identifiable information concerning the student; providing that a student may prohibit the disclosure of personally identifiable information for commercial or noncommercial uses, or both; requiring the System to provide certain informational seminars to the Board of Regents of the University of Nevada; and providing other matters properly relating thereto.”.

    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. 389.

    Bill read second time.

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

    Amendment No. 422.

    Amend section 1, page 1, line 3, by deleting “A” and inserting: “Except as otherwise provided in subsection 2, a”.

    Amend section 1, page 1, by deleting line 10 and inserting:

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

(a) A person who, on or before December 31, 2002, filed with the Commissioner a request for authority to engage in business pursuant to this chapter;

(b) A person who, on or before December 31, 2002, controlled a thrift company licensed pursuant to this chapter; or

(c) A natural person.

3.  This section does not exempt a person who seeks to acquire control of a thrift company, and is qualified to do so pursuant to this section, from any provision of this chapter.

4.  For the purposes of this section:”.

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

    Amend section 1, page 2, line 3, after “(3)” by inserting: “The application for authority to engage in business pursuant to this chapter; and

(4)”.

    Assemblyman Goldwater moved the adoption of the amendment.

    Remarks by Assemblyman Goldwater.

    Amendment adopted.

    Bill ordered reprinted, engrossed, and to third reading.

    Assembly Bill No. 394.

    Bill read second time.

    The following amendment was proposed by the Committee on Transportation:

    Amendment No. 464.

    Amend section 1, page 2, by deleting lines 20 through 27 and inserting: “evidence of a criminal offense, a police officer who wishes to have a vehicle or part of a vehicle removed from a highway pursuant to subsection 3 shall, in accordance with any applicable protocol such as a rotational schedule regarding the selection and use of towing services, cause the vehicle or part of a vehicle to be removed by a tow car operator. The tow car operator shall, to the extent practicable and using the shortest and most direct route, remove the vehicle or part of a vehicle to his garage or other place of safekeeping that is nearest to the location of the vehicle or part of a vehicle.”.

    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. 398.

    Bill read second time.

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

    Amendment No. 400.

    Amend sec. 3, page 2, line 11, after “government.” by inserting: “The term includes, without limitation, occupied and unoccupied structures, buildings and facilities, and any other improvements owned or operated by a local government that incur operating costs.”.

    Amend sec. 5, page 2, by deleting lines 27 through 31 and inserting: “electricity and natural gas.”.

    Amend sec. 5, page 2, line 32, by deleting “3.” and inserting “2.”.

    Amend sec. 5, page 2, by deleting lines 34 and 35.

    Amend sec. 5, page 2, line 36, by deleting “5.” and inserting “3.”.

    Amend sec. 5, page 2, line 41, by deleting “6.” and inserting “4.”.

    Amend sec. 5, page 3, by deleting lines 1 and 2 and inserting:

    “(a) Costs for materials and labor required to replace old equipment with new, more efficient equipment.”.

    Amend sec. 5, page 3, line 30, by deleting “improve safety,”.

    Amend sec. 5, page 3, line 34, by deleting the italicized period and inserting: “and waste minimization.”.

    Amend sec. 5, page 3, by deleting lines 35 and 36.

    Amend sec. 5, page 3, line 37, by deleting “8.” and inserting “5.”.

    Amend sec. 8, page 4, by deleting lines 17 through 22 and inserting: “with all applicable building codes.”.

    Amend sec. 8, page 4, line 24, by deleting: “or more than five”.

    Amend sec. 8, page 4, by deleting lines 25 through 27 and inserting: “service companies.”.

    Amend sec. 8, page 5, between lines 11 and 12, by inserting: “In selecting a qualified service company, the local government shall also consider the financial health of the qualified service company as evidenced by its financial statements and ratings and whether the qualified service company holds the appropriate licenses required for the design, engineering and construction to be completed.”.

    Amend sec. 8, page 5, by deleting line 14 and inserting: “grade operational audit.”.

    Amend sec. 8, page 5, line 15, by deleting “government.”.

    Amend sec. 8, page 5, line 23, by deleting the italicized period and inserting: “if the local government has specifically appropriated money for that purpose.”.

    Amend sec. 9, page 5, line 27, by deleting “energy” and inserting “operating cost”.

    Amend sec. 10, page 6, line 7, by deleting “25” and inserting “20”.

    Amend sec. 10, page 6, by deleting lines 15 through 18.

    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.  If a performance contract entered into pursuant to sections 2 to 14, inclusive, of this act requires the employment of skilled mechanics, skilled workmen, semiskilled mechanics, semiskilled workmen or unskilled labor to perform the performance contract, the performance contract must include a provision relating to the prevailing wage as required pursuant to NRS 338.020 to 338.090, inclusive.

    Sec. 10.7.  Notwithstanding any provision of sections 2 to 14, inclusive, of this act to the contrary, a performance contract entered into pursuant to sections 2 to 14, inclusive, of this act must include a clause that sets out the rights of the local government and the qualified service company if the local government does not appropriate sufficient money for payments to be continued under the performance contract.”.

    Amend sec. 11, page 6, line 19, by deleting “governmental body” and inserting “government”.

    Amend sec. 11, page 6, lines 21 and 22, by deleting “governmental body” and inserting “government”.

    Amend sec. 12, page 6, line 33, after “2.” by inserting: “A performance contract must identify the methodology that the local government will use to validate the cost savings identified by the qualified service company.

3.”.

    Amend sec. 16, page 7, line 25, by deleting “21,” and inserting “21.5,”.

    Amend sec. 17, page 7, line 30, after “agency.” by inserting: “The term includes, without limitation, occupied and unoccupied structures, buildings and facilities, and any other improvements owned or operated by a using agency that incur operating costs.”.

    Amend sec. 19, page 8, by deleting lines 2 through 6 and inserting: “electricity and natural gas.”.

    Amend sec. 19, page 8, line 7, by deleting “3.” and inserting “2.”.

    Amend sec. 19, page 8, by deleting lines 9 and 10.

    Amend sec. 19, page 8, line 11, by deleting “5.” and inserting “3.”.

    Amend sec. 19, page 8, line 16, by deleting “6.” and inserting “4.”.

    Amend sec. 19, page 8, by deleting lines 20 and 21 and inserting:

    “(a) Costs for materials and labor required to replace old equipment with new, more efficient equipment.”.

    Amend sec. 19, page 9, line 4, by deleting “improve safety,”.

    Amend sec. 19, page 9, line 8, by deleting the italicized period and inserting: “and waste minimization.”.

    Amend sec. 19, page 9, by deleting lines 9 and 10.

    Amend sec. 19, page 9, line 11, by deleting “8.” and inserting “5.”.

    Amend the bill as a whole by adding a new section designated sec. 21.5, following sec. 21, to read as follows:

    “Sec. 21.5.  “Using agency” means all officers, departments, institutions, boards, commissions and other agencies in the Executive Department of the State Government which derive their support from public money in whole or in part, whether the money is provided by the State of Nevada, received from the Federal Government or any branch, bureau or agency thereof, or derived from private or other sources. The term includes the University and Community College System of Nevada, but does not include the Nevada Rural Housing Authority, local governments as defined in NRS 354.474, conservation districts and irrigation districts.”.

    Amend sec. 22, pages 9 and 10, by deleting lines 35 through 44 on page 9 and lines 1 and 2 on page 10, and inserting: “applicable building codes.

2.  The State Public Works Board shall determine those companies that satisfy the requirements of qualified service companies for the purposes of sections 16 to 29, inclusive, of this act. In making such a determination, the State Public Works Board shall enlist the assistance of the staffs of the Office of Energy within the Office of the Governor, the Buildings and Grounds Division of the Department of Administration and the Purchasing Division. The State Public Works Board shall prepare and issue a request for qualifications to not less than three potential qualified service companies.”.

    Amend sec. 22, page 10, lines 3 and 4, by deleting “Purchasing Division:” and inserting: “State Public Works Board:”.

    Amend sec. 22, page 10, line 5, after “one” by inserting “potential”.

    Amend sec. 22, page 10, lines 7 and 8, by deleting: “qualified service company,” and inserting “companies”.

    Amend sec. 22, page 10, line 9, by deleting the italicized comma.

    Amend sec. 22, page 10, by deleting lines 10 and 11 and inserting:

    “4.  The State Public Works Board shall use objective criteria to determine those companies that satisfy the requirements of qualified service companies. The objective criteria for”.

    Amend sec. 22, page 10, line 13, by deleting: “the qualified service company:” and inserting “such companies:”.

    Amend sec. 22, page 10, line 29, by deleting “Purchasing Division” and inserting: “State Public Works Board”.

    Amend sec. 22, page 10, line 30, be deleting: “the qualified service” and inserting “a”.

    Amend sec. 22, page 10, by deleting lines 32 through 34 and inserting: “In determining whether a company satisfies the requirements of a qualified service company, the State Public Works Board shall also consider the financial health of the company as evidenced by its financial statements and ratings and whether the company holds the appropriate licenses required for the design, engineering and construction which would be completed pursuant to a performance contract.

5.  The State Public Works Board shall compile a list of those companies that it determines satisfy the requirements of qualified service companies. The Purchasing Division shall work directly with any using agency interested in entering into a performance contract, using the list of qualified service companies compiled by the State Public Works Board. The Purchasing Division, in conjunction with the using agency, shall coordinate an opportunity for each such appropriate qualified service company to:

(a) Perform a preliminary and comprehensive audit and assessment of all potential operating cost-savings measures that might be implemented within the buildings of the using agency, including any operating cost-savings measures specifically requested by the using agency; and

(b) Submit a proposal and make a related presentation to the using agency for all such operating cost-savings measures that the qualified service company determines would be practicable to implement.

Based on such proposals and presentations, the using agency may select the qualified service company that the using agency believes is the most responsive to the needs of the using agency and may, under the direction of the Purchasing Division, enter into a performance contract with that qualified service company.

6.  A qualified service company selected by a using agency pursuant to subsection 5 shall prepare a financial-grade operational audit.”.

    Amend sec. 22, page 10, line 35, by deleting “Division.”.

    Amend sec. 22, page 11, line 2, by deleting “whom” and inserting “which”.

    Amend sec. 22, page 11, between lines 3 and 4, by inserting:

    “7.  If the staff of a using agency does not possess sufficient technical expertise to review and select appropriate operating cost-savings measures in coordination with a qualified service company, the Purchasing Division, upon the request of the using agency, shall procure sufficient funding from the qualified service company, through negotiation, to retain the professional services of a third-party consultant with the requisite technical expertise. Such a third-party consultant must be certified by the Association of Energy Engineers as a “Certified Energy Manager” or hold similar credentials from a comparable nationally recognized organization. A third-party consultant retained pursuant to this subsection shall work on behalf of the using agency in coordination with the qualified service company.”.

    Amend sec. 23, page 11, line 7, by deleting “energy” and inserting “operating cost”.

    Amend sec. 24, page 11, by deleting lines 23 through 29 and inserting:

    “Sec. 24.  1.  Notwithstanding any provision of sections 16 to 29, inclusive, of this act to the contrary, a performance contract entered into pursuant to sections 16 to 29, inclusive, of this act does not create a debt for the purposes of Section 3 of Article 9 of the Nevada Constitution.

2.  Except as otherwise provided in this section, the term of a performance contract may extend beyond the biennium in which the contract is executed, provided that the performance contract contains a provision which states that all obligations of the State under the performance contract are extinguished at the end of any fiscal year if the Legislature fails to provide an appropriation to the using agency for the ensuing fiscal year for payments to be made under the performance contract. If the Legislature fails to appropriate money to a using agency for a performance contract, there is no remedy against the State, except that if a security interest in any property was created pursuant to the performance contract, the holder of such a security interest may enforce the security interest against that property. The term of a performance contract must not exceed 20 years.

3.  The length of a performance contract may reflect the useful life of the operating cost-savings measure being installed or purchased under the performance contract.”.

    Amend sec. 25, page 11, by deleting lines 34 through 42.

    Amend sec. 25, page 11, line 43, by deleting “3.” and inserting “2.”.

    Amend sec. 25, page 12, by deleting lines 3 through 6.

    Amend sec. 26, page 12, by deleting lines 7 through 13 and inserting:

    “Sec. 26.  If a performance contract entered into pursuant to sections 16 to 29, inclusive, of this act requires the employment of skilled mechanics, skilled workmen, semiskilled mechanics, semiskilled workmen or unskilled labor to perform the performance contract, the performance contract must include a provision relating to the prevailing wage as required pursuant to NRS 338.020 to 338.090, inclusive.”.

    Amend the bill as a whole by adding new sections designated sections 29.3 through 29.7, following sec. 29, to read as follows:

    “Sec. 29.3.  NRS 338.1385 is hereby amended to read as follows:

    338.1385  1.  Except as otherwise provided in subsection 7 and
NRS 338.1906 , [and 338.1907,] this state, or a local government that awards a contract for the construction, alteration or repair of a public work in accordance with paragraph (a) of subsection 1 of NRS 338.1373, or a public officer, public employee or other person responsible for awarding a contract for the construction, alteration or repair of a public work who represents the State or the local government, shall not:

    (a) Commence such a project for which the estimated cost exceeds $100,000 unless it advertises in a newspaper of general circulation in this state for bids for the project; or

    (b) Divide such a project into separate portions to avoid the requirements of paragraph (a).

    2.  Except as otherwise provided in subsection 7, a public body that maintains a list of properly licensed contractors who are interested in receiving offers to bid on public works projects for which the estimated cost is more than $25,000 but less than $100,000 shall solicit bids from not more than three of the contractors on the list for a contract of that value for the construction, alteration or repair of a public work. The public body shall select contractors from the list in such a manner as to afford each contractor an equal opportunity to bid on a public works project. A properly licensed contractor must submit a written request annually to the public body to remain on the list. Offers for bids which are made pursuant to this subsection must be sent by certified mail.

    3.  Each advertisement for bids must include a provision that sets forth:

    (a) The requirement that a contractor must be qualified pursuant to
NRS 338.1379 to bid on the contract or must be exempt from meeting such qualifications pursuant to NRS 338.1383; and

    (b) The period during which an application to qualify as a bidder on the contract must be submitted.

    4.  Approved plans and specifications for the bids must be on file at a place and time stated in the advertisement for the inspection of all persons desiring to bid thereon and for other interested persons. Contracts for the project must be awarded on the basis of bids received.

    5.  Any bids received in response to an advertisement for bids may be rejected if the person responsible for awarding the contract determines that:

    (a) The bidder is not a qualified bidder pursuant to NRS 338.1379, unless the bidder is exempt from meeting such qualifications pursuant to
NRS 338.1383;

    (b) The bidder is not responsive;

    (c) The quality of the services, materials, equipment or labor offered does not conform to the approved plan or specifications; or

    (d) The public interest would be served by such a rejection.

    6.  Before the State or a local government may commence a project subject to the provisions of this section, based upon a determination that the public interest would be served by rejecting any bids received in response to an advertisement for bids, it shall prepare and make available for public inspection a written statement containing:

    (a) A list of all persons, including supervisors, whom the State or the local government intends to assign to the project, together with their classifications and an estimate of the direct and indirect costs of their labor;

    (b) A list of all equipment that the State or the local government intends to use on the project, together with an estimate of the number of hours each item of equipment will be used and the hourly cost to use each item of equipment;

    (c) An estimate of the cost of administrative support for the persons assigned to the project;

    (d) An estimate of the total cost of the project; and

    (e) An estimate of the amount of money the State or the local government expects to save by rejecting the bids and performing the project itself.

    7.  This section does not apply to:

    (a) Any utility subject to the provisions of chapter 318 or 710 of NRS;

    (b) Any work of construction, reconstruction, improvement and maintenance of highways subject to NRS 408.323 or 408.327;

    (c) Normal maintenance of the property of a school district;

    (d) The Las Vegas Valley Water District created pursuant to chapter 167, Statutes of Nevada 1947, the Moapa Valley Water District created pursuant to chapter 477, Statutes of Nevada 1983 or the Virgin Valley Water District created pursuant to chapter 100, Statutes of Nevada 1993; or

    (e) The design and construction of a public work for which a public body contracts with a design-build team pursuant to NRS 338.1711 to 338.1727.

    Sec. 29.5.  NRS 338.143 is hereby amended to read as follows:

    338.143  1.  Except as otherwise provided in subsection 6 , [and NRS 338.1907,] a local government that awards a contract for the construction, alteration or repair of a public work in accordance with paragraph (b) of subsection 1 of NRS 338.1373, or a public officer, public employee or other person responsible for awarding a contract for the construction, alteration or repair of a public work who represents that local government, shall not:

    (a) Commence such a project for which the estimated cost exceeds $100,000 unless it advertises in a newspaper of general circulation in this state for bids for the project; or

    (b) Divide such a project into separate portions to avoid the requirements of paragraph (a).

    2.  Except as otherwise provided in subsection 6, a local government that maintains a list of properly licensed contractors who are interested in receiving offers to bid on public works projects for which the estimated cost is more than $25,000 but less than $100,000 shall solicit bids from not more than three of the contractors on the list for a contract of that value for the construction, alteration or repair of a public work. The local government shall select contractors from the list in such a manner as to afford each contractor an equal opportunity to bid on a public works project. A properly licensed contractor must submit a written request annually to the local government to remain on the list. Offers for bids which are made pursuant to this subsection must be sent by certified mail.

    3.  Approved plans and specifications for the bids must be on file at a place and time stated in the advertisement for the inspection of all persons desiring to bid thereon and for other interested persons. Contracts for the project must be awarded on the basis of bids received.

    4.  Any bids received in response to an advertisement for bids may be rejected if the person responsible for awarding the contract determines that:

    (a) The bidder is not responsive or responsible;

    (b) The quality of the services, materials, equipment or labor offered does not conform to the approved plan or specifications; or

    (c) The public interest would be served by such a rejection.

    5.  Before a local government may commence a project subject to the provisions of this section, based upon a determination that the public interest would be served by rejecting any bids received in response to an advertisement for bids, it shall prepare and make available for public inspection a written statement containing:

    (a) A list of all persons, including supervisors, whom the local government intends to assign to the project, together with their classifications and an estimate of the direct and indirect costs of their labor;

    (b) A list of all equipment that the local government intends to use on the project, together with an estimate of the number of hours each item of equipment will be used and the hourly cost to use each item of equipment;

    (c) An estimate of the cost of administrative support for the persons assigned to the project;

    (d) An estimate of the total cost of the project; and

    (e) An estimate of the amount of money the local government expects to save by rejecting the bids and performing the project itself.

    6.  This section does not apply to:

    (a) Any utility subject to the provisions of chapter 318 or 710 of NRS;

    (b) Any work of construction, reconstruction, improvement and maintenance of highways subject to NRS 408.323 or 408.327;

    (c) Normal maintenance of the property of a school district;

    (d) The Las Vegas Valley Water District created pursuant to chapter 167, Statutes of Nevada 1947, the Moapa Valley Water District created pursuant to chapter 477, Statutes of Nevada 1983 or the Virgin Valley Water District created pursuant to chapter 100, Statutes of Nevada 1993; or

    (e) The design and construction of a public work for which a public body contracts with a design-build team pursuant to NRS 338.1711 to 338.1727, inclusive.

    Sec. 29.7.  NRS 338.1907 is hereby repealed.”.

    Amend sec. 30, page 13, line 10, before “This” by inserting “1.”.

    Amend sec. 30, page 13, after line 10, by inserting:

    “2.  Sections 29.3 and 29.5 of this act expire by limitation on May 1, 2013.”.

    Amend the bill as a whole by adding the text of repealed section, following sec. 30, to read as follows:

“

TEXT OF REPEALED SECTION

    338.1907  Retrofitting of local governmental buildings for energy efficiency: Duties of energy retrofit coordinators and local governments; procedures for requesting and approving proposals; projects exempt from certain procedural requirements.

    1.  The governing body of a local government may designate one or more energy retrofit coordinators for the buildings occupied by the local government.

    2.  If such a coordinator is designated, upon request by or consultation with an officer or employee of the local government who is responsible for the budget of a department, board, commission or other entity of the local government, the coordinator may request the approval of the governing body to advertise a request for proposals to retrofit a building, or any portion thereof, that is occupied by the department, board, commission or other entity, to make the use of energy in the building, or portion thereof, more efficient.

    3.  Upon approval of the governing body, the coordinator shall prepare a request for proposals for the retrofitting of one or more buildings, or any portion thereof, which includes:

    (a) The name and location of the coordinator;

    (b) A brief description of the requirements for the initial audit of the use of energy and the retrofitting;

    (c) Where and how specifications of the requirements for the initial audit of the use of energy and the retrofitting may be obtained;

    (d) The date and time not later than which proposals must be received by the coordinator; and

    (e) The date and time when responses will be opened.

    4.  The request for proposals must be published in at least one newspaper of general circulation in the county in which the local government is located.

    5.  After receiving the proposals but before making a decision on the proposals, the coordinator shall consider:

    (a) The best interests of the local government;

    (b) The experience and financial stability of the persons submitting the proposals;

    (c) Whether the proposals conform with the terms of the request for proposals;

    (d) The prices of the proposals; and

    (e) Any other factor disclosed in the request for proposals.

    6.  The coordinator shall determine the relative weight of each factor before a request for proposals is advertised. The weight of each factor must not be disclosed before the date proposals are required to be submitted to the coordinator.

    7.  After reviewing the proposals, if the coordinator determines that sufficient energy could be saved to justify retrofitting the building or buildings, or portion thereof, the coordinator shall select the best proposal and request the approval of the governing body to award the contract. The request for approval must include the proposed method of financing the audit and retrofit, which may include an installment contract, a shared savings contract or any other contract for a reasonable financing arrangement. Such a contract may commit the local government to make payments beyond the fiscal year in which the contract is executed or beyond the terms of office of the governing body, or both.

    8.  Before approving a retrofit pursuant to this section, the governing body shall evaluate any projects that would utilize shared savings as a method of payment or any method of financing that would commit the local government to make payments beyond the fiscal year in which the contract is executed or beyond the terms of office of the governing body to ensure that:

    (a) The amount of energy to be saved will likely justify the cost of the retrofit; and

    (b) The local government is likely to continue to occupy the building for the entire period required to recoup the cost of the retrofit in energy savings.

    9.  Upon approval of the governing body, the coordinator shall execute the contract and notify each officer or employee who is responsible for the budget of a department, board, commission or other entity which occupies a portion of a building that will be retrofitted of the amount of money it will be required to pay annually for its portion of the retrofit.

    10.  NRS 338.1385 and 338.143 do not apply to a project for which a request for proposals is advertised and the contract is awarded pursuant to the provisions of this section.”.

    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. 408.

    Bill read second time.

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

    Amendment No. 401.

    Amend section 1, page 2, by deleting lines 23 and 24 and inserting:

    “(a) Made of cloth, fabric or paper;

(b) Displayed from a pole or staff or in a window; and

(c) Displayed in a manner that is consistent with 4 U.S.C. chapter 1.”.

    Amend sec. 3, page 3, by deleting lines 6 and 7 and inserting:

    “(a) Made of cloth, fabric or paper;

(b) Displayed from a pole or staff or in a window; and

(c) Displayed in a manner that is consistent with 4 U.S.C. chapter 1.”.

    Amend sec. 4, page 3, by deleting lines 20 and 21 and inserting:

    “2.  The provisions of this section do not:

(a) Apply to the display of the flag of the United States for commercial advertising purposes.

(b) Preclude an association from adopting, and do not preclude the governing documents of an association from setting forth, rules that reasonably restrict the placement and manner of display of the flag of the United States by a unit’s owner.”.

    Amend sec. 4, page 3, by deleting lines 27 and 28 and inserting:

    “(a) Made of cloth, fabric or paper;

(b) Displayed from a pole or staff or in a window; and

(c) Displayed in a manner that is consistent with 4 U.S.C. chapter 1.”.

    Amend sec. 5, page 3, by deleting lines 40 and 41 and inserting:

    “2.  The provisions of this section do not:

(a) Apply to the display of the flag of the United States for commercial advertising purposes.

(b) Preclude a landlord or an agent or employee of a landlord from adopting rules that reasonably restrict the placement and manner of display of the flag of the United States by a tenant.”.

    Amend sec. 5, page 4, by deleting lines 3 and 4 and inserting:

    “(a) Made of cloth, fabric or paper;

(b) Displayed from a pole or staff or in a window; and

(c) Displayed in a manner that is consistent with 4 U.S.C. chapter 1.”.

    Amend sec. 8, page 6, by deleting lines 9 and 10 and inserting:

    “2.  The provisions of this section do not:

(a) Apply to the display of the flag of the United States for commercial advertising purposes.

(b) Preclude a landlord or an agent or employee of a landlord from adopting rules that reasonably restrict the placement and manner of display of the flag of the United States by a tenant.”.

    Amend sec. 8, page 6, by deleting lines 16 and 17 and inserting:

    “(a) Made of cloth, fabric or paper;

(b) Displayed from a pole or staff or in a window; and

(c) Displayed in a manner that is consistent with 4 U.S.C. chapter 1.”.

    Amend the title of the bill, fifteenth line, after “exclusively;” by inserting: “allowing the imposition of reasonable restrictions with respect to the placement and manner of display of the flag;”.

    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 11:44 a.m.

ASSEMBLY IN SESSION

    At 11:45 a.m.

    Mr. Speaker presiding.

    Quorum present.

    Assembly Bill No. 419.

    Bill read second time.

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

    Amendment No. 256.

    Amend section 1, page 1, line 4, after “operated” by inserting “exclusively”.

    Amend section 1, page 1, line 5, after “person” by inserting: “who will work 36 hours or more per week and who will have access to all dwelling units”.

    Amend section 1, page 2, line 7, by deleting: “renewed each year.” and inserting: “renewed:

(a) Every 5 years; and

(b) Whenever the person changes his employment to perform work for an employer other than the employer for which his current work card was issued.”.

    Amend section 1, page 2, line 14, by deleting “report; and” and inserting “report.”.

    Amend section 1, page 2, between lines 18 and 19, by inserting:

    “(c) The sheriff shall issue a temporary work card pending the determination of the criminal history of the applicant by the Federal Bureau of Investigation.”.

    Amend sec. 2, page 2, line 31, before “must” by inserting: “who works
36 hours or more per week and who has access to all dwelling units”.

    Amend the title of the bill, second line, after “operated” by inserting “exclusively”.

    Amend the summary of the bill to read as follows:

    “SUMMARY—Provides that landlord of dwelling units intended and operated exclusively for persons 55 years of age and older may not employ person to perform work on premises unless person has work card issued by sheriff. (BDR 10‑833)”.

    Assemblyman Goldwater moved the adoption of the amendment.

    Remarks by Assemblyman Goldwater.

    Amendment adopted.

    Bill ordered reprinted, engrossed, and to third reading.

    Assembly Bill No. 438.

    Bill read second time.

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

    Amendment No. 257.

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

    “Section 1.  Chapter 616C of NRS is hereby amended by adding thereto a new section to read as follows:

1.  If a claimant or a dependent of a claimant is entitled to receive compensation pursuant to chapters 616A to 616D, inclusive, of NRS for a permanent total disability caused by an industrial injury or a disablement from an occupational disease that occurs on or after January 1, 2004, the claimant or dependent is entitled to an annual increase in that compensation in the amount of 2.3 percent. The compensation must be increased pursuant to this section:

(a) On January 1 of the year immediately after the year in which the claimant or dependent becomes entitled to receive that compensation; and

(b) On January 1 of each successive year after the year specified in paragraph (a) in which the claimant or dependent is entitled to receive that compensation.

2.  Any increase in compensation provided pursuant to this section is in addition to any increase in compensation to which a claimant or a dependent of a claimant is otherwise entitled by law.

    Sec. 2.  This act becomes effective on January 1, 2004.”.

    Amend the title of the bill to read as follows:

    “AN ACT relating to industrial insurance; requiring an annual increase in the amount of compensation that a claimant or a dependent of a claimant is entitled to receive for a permanent total disability under industrial insurance; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

    “SUMMARY—Requires annual increase in amount of compensation that claimant or dependent of claimant is entitled to receive for permanent total disability under industrial insurance. (BDR 53-1162)”.

    Assemblyman Goldwater moved the adoption of the amendment.

    Remarks by Assemblyman Goldwater.

    Amendment adopted.

    Bill ordered reprinted, engrossed, and to third reading.

    Assembly Bill No. 442.

    Bill read second time.

    The following amendment was proposed by the Committee on Taxation:

    Amendment No. 446.

    Amend sec. 3, page 2, by deleting line 10 and inserting: “the appurtenant land increased in one or more of the last assessments at such a”.

    Amend sec. 3, page 2, by deleting line 14 and inserting: “increased in one or more of the last assessments at such a rate as to create a severe”.

    Amend sec. 3, page 2, by deleting line 18 and inserting: “property taxes assessed as a result of one or more of the last assessments in which”.

    Amend sec. 3, page 2, by deleting lines 22 through 24 and inserting: “other purchasers who are exempt from property taxes.”.

    Amend sec. 4, page 3, by deleting lines 21 through 26 and inserting:

“3.  The county assessor shall grant the abatement if he determines that the facts in his possession indicate to him that the value of the land appurtenant to a single family dwelling has increased at a rate that has created a severe economic hardship for the applicant. Such a decision is in the sole discretion of the county assessor.

4. If the county assessor denies an application, he shall send to the applicant a written notice of his determination within 10 days after the determination is made.”.

    Assemblyman Parks moved the adoption of the amendment.

    Remarks by Assemblyman Parks.

    Amendment adopted.

    Bill ordered reprinted, engrossed, and to third reading.

    Assembly Bill No. 457.

    Bill read second time.

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

    Amendment No. 405.

    Amend sec. 5, page 3, by deleting line 8 and inserting: “[,] and subsection 2, a person who owes a debt of more than $200”.

    Amend the title of the bill by deleting the tenth through twelfth lines and inserting: “increasing the maximum amount that certain debtors may be required to pay as reimbursement for the costs and fees actually incurred to collect the debts; authorizing the State”.

    Assemblyman Manendo moved the adoption of the amendment.

    Remarks by Assemblyman Manendo.

    Amendment adopted.

    Bill ordered reprinted, engrossed, and to third reading.

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblywoman Chowning moved that Assembly Bill No. 267 be taken from the General File and placed on the Chief Clerk's desk.

    Remarks by Assemblywoman Chowning.

    Motion carried.

    Assemblyman Anderson moved that Assembly Bill No. 29 be taken from the Second Reading File and placed on the Chief Clerk's desk.

    Remarks by Assemblyman Anderson.

    Motion carried.

SECOND READING AND AMENDMENT

    Assembly Bill No. 206.

    Bill read second time.

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

    Amendment No. 255.

    Amend section 1, page 2, line 13, after “disability.” by inserting: “The total amount of the allowable deduction includes, without limitation, compensation for a permanent partial disability that was deducted from:

(1) Any compensation the employee received for a temporary total disability; or

(2) Any other compensation received by the employee.”.

    Amend section 1, pages 2 and 3, by deleting lines 35 through 45 on page 2 and lines 1 through 13 on page 3, and inserting:

“[compensation for the permanent total disability must be reduced as follows:

(a) If the employee has not received a minimum lump sum, the insurer of the employee’s employer shall deduct from the compensation for the permanent total disability an amount equal to the monthly installment rate for awards for permanent partial disability until the insurer has deducted an amount that equals the amount it has already paid out as a lump sum; or

(b) If the employee received a minimum lump sum, the] insurer of the employee’s employer shall recover pursuant to this subsection the actual amount of the lump sum paid to the employee for the permanent partial disability. The insurer shall not recover from the employee, whether by deductions or single payment, or a combination of both, more than the actual amount of the lump sum paid to the employee. To recover the actual amount of the lump sum, the insurer shall:

(a) Unless the employee submits a request described in paragraph (b), deduct from the compensation for the permanent total disability an amount [of] that is not more than 10 percent of the rate of compensation for a permanent total disability until the actual amount of the lump sum paid to the employee for the permanent partial disability is recovered [.

The provisions of this subsection are retroactive for all claims for compensation for a permanent total disability remaining open on January 1, 2000.] ; or

(b) Upon the request of the employee, accept in a single payment from the employee an amount that is equal to the actual amount of the lump sum paid to the employee for the permanent partial disability, less the actual amount of all deductions made to date by the insurer from the employee for repayment of the lump sum.”.

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

    “Sec. 2.  1.  Each insurer who, pursuant to subsection 4 of
NRS 616C.440, made a deduction from any compensation paid for a permanent total disability on a claim that was open on or after January 1, 2000, and before July 1, 2003, shall, as soon as practicable on or after July 1, 2003, recalculate the amount of the lump sum required to be repaid by the employee pursuant to the amendatory provisions of subsection 4 of section 1 of this act. In making the recalculation, the insurer shall determine the total of all of the actual amounts of all deductions made from the compensation paid to the employee pursuant to subsection 1 or 4 of NRS 616C.440 for the permanent total disability and subtract that amount from the actual amount of the lump sum paid to the employee for the permanent partial disability. The resulting amount is the maximum amount that the insurer may require the employee to repay for the lump sum for the permanent partial disability. Upon completing the recalculation required pursuant to this subsection, the insurer shall notify each employee for whom a recalculation was made of the results of the recalculation, including, without limitation, the actual amounts of all deductions and lump sums and the method or manner of recalculation.

    2.  If, after making a recalculation pursuant to subsection 1, an insurer determines that an employee has repaid an amount that is more than the actual amount of the lump sum paid to the employee for the permanent partial disability, the insurer shall immediately refund the amount of the overpayment to the employee.

    3.  If an insurer determines that an employee is entitled to a refund pursuant to subsection 2, and if the employee’s claim is closed on or before the date the insurer makes the determination, the insurer shall:

    (a) To the greatest extent practicable, locate the employee or, if the employee is deceased, the administrator or executor of the estate of the employee, if any; and

    (b) Deliver the refund to the employee, administrator or executor.

    4.  If an insurer is unable to deliver a refund pursuant to subsection 3, the insurer shall submit a written notice to the Division of Industrial Relations of the Department of Business and Industry. The written notice must be submitted within 10 days after the insurer determines it is unable to deliver the refund and must include, without limitation:

    (a) The name of the employee; and

    (b) A statement indicating that:

        (1) The employee is entitled to a refund pursuant to subsection 2; and

        (2) The insurer was unable to deliver the refund pursuant to
subsection 3.”.

    Amend the title of the bill to read as follows:

    “AN ACT relating to industrial insurance; revising provisions governing deductions from compensation for a permanent total disability; prohibiting the recovery by an insurer of more than the actual amount of a lump sum paid to an employee for a permanent partial disability when the employee is compensated for a permanent total disability; authorizing an employee to repay in a single payment the actual amount of a lump sum paid to an employee for a permanent partial disability; requiring insurers to refund to certain employees the amounts the employees overpaid when repaying lump sums for permanent partial disabilities; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

    “SUMMARY—Revises provisions relating to payment for permanent total disabilities. (BDR 53‑1103)”.

    Assemblyman Goldwater moved the adoption of the amendment.

    Remarks by Assemblyman Goldwater.

    Amendment adopted.

    Bill ordered reprinted, engrossed, and to third reading.

    Assembly Bill No. 280.

    Bill read second time.

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

    Amendment No. 415.

    Amend section 1, page 1, by deleting lines 10 through 16 and inserting:

    “(b) The payment of at least $2,000 for all losses arising out of an injury to any one person, consisting of at least $2,000 for medical expenses.”.

    Amend section 1, page 2, lines 1 and 2, by deleting: “law:

(a) A” and inserting “law, a”.

    Amend section 1, page 2, by deleting lines 7 through 9.

    Assemblyman Goldwater moved the adoption of the amendment.

    Remarks by Assemblyman Goldwater.

    Amendment adopted.

    Bill ordered reprinted, engrossed, and to third reading.

    Assembly Bill No. 284.

    Bill read second time.

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

    Amendment No. 416.

    Amend sec. 7, pages 2 and 3, by deleting lines 38 through 43 on page 2 and lines 1 through 26 on page 3, and inserting: “loan, any credit insurance.”.

    Amend sec. 8, page 3, line 34, by deleting “person” and inserting “lender”.

    Amend sec. 9, page 4, between lines 13 and 14, by inserting:

    “3.  A local government shall not regulate any activity to which the provisions of this chapter apply.”.

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

    “Sec. 10.  Chapter 107 of NRS is hereby amended by adding thereto a new section to read as follows:

1.  With regard to a transfer in trust of an estate in real property to secure the performance of an obligation or the payment of a debt, the trustor may not direct the trustee to exercise a power of sale pursuant to
NRS 107.080 if:

(a) The trust agreement becomes effective on or after October 1, 2003; and

(b) On the date the trust agreement is made, the trust agreement is subject to the provisions of § 152 of the Homeownership and Equity Protection Act of 1994, 15 U.S.C. § 1602(aa), and the regulations adopted by the Board of Governors of the Federal Reserve System pursuant thereto, including, without limitation, 12 C.F.R. § 226.32.

2.  This section does not prohibit a judicial foreclosure.”.

    Amend the bill as a whole by deleting sections 12 and 13, renumbering sec. 14 as sec. 26 and adding new sections designated sections 12 through 25, following sec. 11, to read as follows:

    “Sec. 12.  NRS 244.335 is hereby amended to read as follows:

    244.335  1.  Except as otherwise provided in subsection 2, the board of county commissioners may:

    (a) [Regulate] Except as otherwise provided in section 9 of this act, regulate all character of lawful trades, callings, industries, occupations, professions and business conducted in its county outside of the limits of incorporated cities and towns.

    (b) Except as otherwise provided in NRS 244.3359 and 576.128, fix, impose and collect a license tax for revenue or for regulation, or for both revenue and regulation, on such trades, callings, industries, occupations, professions and business.

    2.  The county license boards have the exclusive power in their respective counties to regulate entertainers employed by an entertainment by referral service and the business of conducting a dancing hall, escort service, entertainment by referral service or gambling game or device permitted by law, outside of an incorporated city. The county license boards may fix, impose and collect license taxes for revenue or for regulation, or for both revenue and regulation, on such employment and businesses.

    3.  No license to engage in any type of business may be granted unless the applicant for the license signs an affidavit affirming that the business has complied with the provisions of chapter 364A of NRS. The county license board shall provide upon request an application for a business license pursuant to chapter 364A of NRS.

    4.  No license to engage in business as a seller of tangible personal property may be granted unless the applicant for the license presents written evidence that:

    (a) The Department of Taxation has issued or will issue a permit for this activity, and this evidence clearly identifies the business by name; or

    (b) Another regulatory agency of the State has issued or will issue a license required for this activity.

    5.  Any license tax levied for the purposes of NRS 244.3358 or 244A.597 to 244A.655, inclusive, constitutes a lien upon the real and personal property of the business upon which the tax was levied until the tax is paid. The lien has the same priority as a lien for general taxes. The lien must be enforced in the following manner:

    (a) By recording in the office of the county recorder, within 6 months after the date on which the tax became delinquent or was otherwise determined to be due and owing, a notice of the tax lien containing the following:

        (1) The amount of tax due and the appropriate year;

        (2) The name of the record owner of the property;

        (3) A description of the property sufficient for identification; and

        (4) A verification by the oath of any member of the board of county commissioners or the county fair and recreation board; and

    (b) By an action for foreclosure against the property in the same manner as an action for foreclosure of any other lien, commenced within 2 years after the date of recording of the notice of the tax lien, and accompanied by appropriate notice to other lienholders.

    6.  The board of county commissioners may delegate the authority to enforce liens from taxes levied for the purposes of NRS 244A.597 to 244A.655, inclusive, to the county fair and recreation board. If the authority is so delegated, the board of county commissioners shall revoke or suspend the license of a business upon certification by the county fair and recreation board that the license tax has become delinquent, and shall not reinstate the license until the tax is paid. Except as otherwise provided in NRS 244.3357, all information concerning license taxes levied by an ordinance authorized by this section or other information concerning the business affairs or operation of any licensee obtained as a result of the payment of such license taxes or as the result of any audit or examination of the books by any authorized employee of a county fair and recreation board of the county for any license tax levied for the purpose of NRS 244A.597 to 244A.655, inclusive, is confidential and must not be disclosed by any member, officer or employee of the county fair and recreation board or the county imposing the license tax unless the disclosure is authorized by the affirmative action of a majority of the members of the appropriate county fair and recreation board. Continuing disclosure may be so authorized under an agreement with the Department of Taxation for the exchange of information concerning taxpayers.

    Sec. 13.  NRS 266.355 is hereby amended to read as follows:

    266.355  1.  Except as otherwise provided in subsection 3, the city council may:

    (a) [Regulate] Except as otherwise provided in section 9 of this act, regulate all businesses, trades and professions.

    (b) Except as otherwise provided in NRS 576.128, fix, impose and collect a license tax for revenue upon all businesses, trades and professions.

    2.  The city council may establish any equitable standard to be used in fixing license taxes required to be collected pursuant to this section.

    3.  The city council may license insurance agents, brokers, analysts, adjusters and managing general agents within the limitations and under the conditions prescribed in NRS 680B.020.

    Sec. 14.  NRS 269.170 is hereby amended to read as follows:

    269.170  1.  Except as otherwise provided in NRS 576.128 [,] and section 9 of this act, the town board or board of county commissioners may in any unincorporated town:

    (a) Fix and collect a license tax on, and regulate, having due regard to the amount of business done by each person so licensed, and all places of business and amusement so licensed, as follows:

        (1) Artisans, artists, assayers, auctioneers, bakers, banks and bankers, barbers, boilermakers, cellars and places where soft drinks are kept or sold, clothes cleaners, foundries, laundries, lumberyards, manufacturers of soap, soda, borax or glue, markets, newspaper publishers, pawnbrokers, funeral directors and wood and coal dealers.

        (2) Bootmakers, cobblers, dressmakers, milliners, shoemakers and tailors.

        (3) Boardinghouses, hotels, lodginghouses, restaurants and refreshment saloons.

        (4) Barrooms, gaming, manufacturers of liquors and other beverages, and saloons.

        (5) Billiard tables, bowling alleys, caravans, circuses, concerts and other exhibitions, dance houses, melodeons, menageries, shooting galleries, skating rinks and theaters.

        (6) Corrals, hay yards, livery and sale stables and wagon yards.

        (7) Electric light companies, illuminating gas companies, power companies, telegraph companies, telephone companies and water companies.

        (8) Carts, drays, express companies, freight companies, job wagons, omnibuses and stages.

        (9) Brokers, commission merchants, factors, general agents, mercantile agents, merchants, traders and stockbrokers.

        (10) Drummers, hawkers, peddlers and solicitors.

        (11) Insurance agents, brokers, analysts, adjusters and managing general agents within the limitations and under the conditions prescribed in
NRS 680B.020.

    (b) Fix and collect a license tax upon all professions, trades or business within the town not specified in paragraph (a).

    2.  No license to engage in business as a seller of tangible personal property may be granted unless the applicant for the license presents written evidence that:

    (a) The Department of Taxation has issued or will issue a permit for this activity, and this evidence clearly identifies the business by name; or

    (b) Another regulatory agency of the State has issued or will issue a license required for this activity.

    3.  Any license tax levied for the purposes of NRS 244A.597 to 244A.655, inclusive, constitutes a lien upon the real and personal property of the business upon which the tax was levied until the tax is paid. The lien must be enforced in the same manner as liens for ad valorem taxes on real and personal property. The town board or other governing body of the unincorporated town may delegate the power to enforce such liens to the county fair and recreation board.

    4.  The governing body or the county fair and recreation board may agree with the Department of Taxation for the continuing exchange of information concerning taxpayers.

    Sec. 15.  Section 2.140 of the Charter of the City of Caliente, being chapter 31, Statutes of Nevada 1971, at page 60, is hereby amended to read as follows:

Sec. 2.140  Powers of City Council: Licensing, regulation and prohibition of businesses, trades and professions.

    1.  The City Council may:

    (a) [Regulate] Except as otherwise provided in section 9 of this act, regulate all businesses, trades and professions.

    (b) Fix, impose and collect a license tax for revenue upon all businesses, trades and professions.

    2.  The City Council may establish any equitable standard to be used in fixing license taxes required to be collected pursuant to this section.

    Sec. 16.  Section 2.150 of the Charter of the City of Carlin, being chapter 344, Statutes of Nevada 1971, at page 608, is hereby amended to read as follows:

Sec. 2.150  Powers of Board of Councilmen: Licensing, regulation and prohibition of businesses, trades and professions.

    1.  The Board of Councilmen may:

    (a) [Regulate] Except as otherwise provided in section 9 of this act, regulate all businesses, trades and professions.

    (b) Fix, impose and collect a license tax for revenue upon all businesses, trades and professions.

    2.  No person licensed by an agency of the State of Nevada to practice any trade or profession except gaming may be denied a license to conduct his profession.

    3.  The Board of Councilmen may establish any equitable standard to be used in fixing license taxes required to be collected pursuant to this section.

    Sec. 17.  Section 2.260 of the Charter of the City of Carson City, being chapter 213, Statutes of Nevada 1969, as amended by chapter 96, Statutes of Nevada 1997, at page 181, is hereby amended to read as follows:

Sec. 2.260  Power of Board: Licensing, regulation and prohibition of trades, professions and businesses.

    1.  [The] Except as otherwise provided in section 9 of this act, the Board may fix, impose and collect a license tax for revenue upon, or regulate:

    (a) Or both, all trades, callings, professions and businesses, conducted in whole or in part within Carson City, except that no person licensed by an agency of the State of Nevada to practice any profession except gaming may be denied a license to conduct his profession or required to pay a license tax except for revenue.

    (b) Or both, all businesses selling alcoholic liquors at wholesale or retail, or prohibit or suppress such businesses.

    (c) Or prescribe the location of all gaming establishments, or any combination of these, or may prohibit gambling and gaming of all kinds, and all games of chance.

    2.  The Board may provide for the issuance of all licenses authorized in this section and the time and manner in which they will be issued.

    3.  The Board may establish any equitable standard to be used in fixing license taxes required to be collected pursuant to this section.

    4.  The Board may, for just cause, suspend, cancel or revoke any business license.

    Sec. 18.  Section 2.150 of the Charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, as amended by chapter 51, Statutes of Nevada 2001, at page 454, is hereby amended to read as follows:

Sec. 2.150  Powers of City Council: Licensing, regulation and prohibition of businesses, trades and professions.

    1.  The City Council may:

    (a) [Regulate] Except as otherwise provided in section 9 of this act, regulate all businesses, trades and professions.

    (b) Fix, impose and collect a license tax for revenue upon all businesses, trades and professions.

    2.  The City Council may establish any equitable standard to be used in fixing license taxes collected pursuant to this section.

    Sec. 19.  Section 2.130 of the Charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, at page 407, is hereby amended to read as follows:

Sec. 2.130  Powers of City Council: Licensing, regulation and prohibition of businesses, trades and professions.

    1.  The City Council may:

    (a) [Regulate] Except as otherwise provided in section 9 of this act, regulate all businesses, trades and professions.

    (b) Fix, impose and collect a license tax for revenue upon all businesses, trades and professions.

    2.  The City Council may establish any equitable standard to be used in fixing license taxes required to be collected pursuant to this section.

    Sec. 20.  Section 2.150 of the Charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, at page 1398, is hereby amended to read as follows:

Sec. 2.150  Powers of City Council: Licensing, regulation and prohibition of businesses, trades and professions.

    1.  The City Council may:

    (a) Except as is otherwise provided in subsection 2 [,] and section 9 of this act, license and regulate all lawful businesses, trades and professions.

    (b) Fix, impose and collect a license tax for regulation or for revenue, or both, upon all businesses, trades and professions and provide an equitable standard for fixing those license taxes.

    (c) Suspend or revoke the license of any business, trade or profession for failing to comply with any regulation of the City in such manner as may be prescribed by ordinance.

    2.  No person, firm or corporation which is licensed by an agency of the State to conduct or practice any business, trade or profession, except as is otherwise provided in subsection 3, may be denied a license to conduct or practice that business, trade or profession, nor may the license be suspended or revoked, if:

    (a) That person, firm or corporation complies with all of the regulations which are established by that agency and pays to the City such license taxes and related fees and posts such bond or bonds as may be prescribed by ordinance; and

    (b) The location of the business, trade or profession complies with all of the requirements of all of the zoning, building, plumbing, electrical, safety and fire prevention codes or regulations of the City.

    3.  The City Council may provide, by ordinance, regulations which restrict the number, location and method of operation of and the qualifications for ownership in:

    (a) Liquor-dispensing or gaming establishments, or both;

    (b) Businesses which are engaged in the manufacture or distribution, or both, of liquor or gaming devices; and

    (c) Such other businesses, trades and professions as may be declared by ordinance to be privileged,

and regulations which prescribe the circumstances under and the manner in which licenses with respect to those establishments, businesses, trades and professions may be denied, limited, suspended or revoked.

    Sec. 21.  Section 2.140 of the Charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, at page 1215, is hereby amended to read as follows:

Sec. 2.140  Powers of City Council: Licensing, regulation and prohibition of businesses, trades and professions.

    1.  The City Council may:

    (a) [Regulate] Except as otherwise provided in section 9 of this act, regulate all businesses, trades and professions.

    (b) Fix, impose and collect a license fee for revenue upon all businesses, trades and professions.

    2.  The City Council may establish any equitable standard to be used in fixing license fees required to be collected pursuant to this section.

    Sec. 22.  Section 2.140 of the Charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 416, Statutes of Nevada 2001, at page 2105, is hereby amended to read as follows:

Sec. 2.140  General powers of City Council.

    1.  Except as otherwise provided in subsection 2 and section 2.150, the City Council may:

    (a) Acquire, control, improve and dispose of any real or personal property for the use of the City, its residents and visitors.

    (b) [Regulate] Except as otherwise provided in section 9 of this act, regulate and impose a license tax for revenue upon all businesses, trades and professions.

    (c) Provide or grant franchises for public transportation and utilities.

    (d) Appropriate money for advertising and publicity and for the support of a municipal band.

    (e) Enact and enforce any police, fire, traffic, health, sanitary or other measure which does not conflict with the general laws of the State of Nevada. An offense that is made a misdemeanor by the laws of the State of Nevada shall also be deemed to be a misdemeanor against the City whenever the offense is committed within the City.

    (f) Fix the rate to be paid for any utility service provided by the City as a public enterprise. Any charges due for services, facilities or commodities furnished by any utility owned by the City is a lien upon the property to which the service is rendered and is perfected by filing with the County Recorder a statement by the City Clerk of the amount due and unpaid and describing the property subject to the lien. Any such lien is:

        (1) Coequal with the latest lien upon the property to secure the payment of general taxes.

        (2) Not subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.

        (3) Prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.

    2.  The City Council:

    (a) Shall not sell telecommunications service to the general public.

    (b) May purchase or construct facilities for providing telecommunications that intersect with public rights of way if the governing body:

        (1) Conducts a study to evaluate the costs and benefits associated with purchasing or constructing the facilities; and

        (2) Determines from the results of the study that the purchase or construction is in the interest of the general public.

    3.  Any information relating to the study conducted pursuant to subsection 2 must be maintained by the City Clerk and made available for public inspection during the business hours of the Office of the City Clerk.

    4.  Notwithstanding the provisions of paragraph (a) of subsection 2, an airport may sell telecommunications service to the general public.

    5.  As used in this section:

    (a) “Telecommunications” has the meaning ascribed to it in
47 U.S.C. § 153(43), as that section existed on July 16, 1997.

    (b) “Telecommunications service” has the meaning ascribed to it in
47 U.S.C. § 153(46), as that section existed on July 16, 1997.

    Sec. 23.  Section 2.090 of the Charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as last amended by chapter 129, Statutes of Nevada 1993, at page 230, is hereby amended to read as follows:

Sec. 2.090  Powers of City Council: General areas. The City Council may exercise any power specifically granted in this Charter or by any of the provisions of Nevada Revised Statutes not in conflict with this Charter, in order to:

    1.  [License] Except as otherwise provided in section 9 of this act, license all businesses, trades and professions for purposes of regulation and revenue.

    2.  Enact and enforce fire ordinances.

    3.  Regulate the construction and maintenance of any building or other structure within the City.

    4.  Provide for safeguarding of public health in the City.

    5.  Zone and plan the City, including the regulation of subdivision of land, as prescribed by chapter 278 of NRS.

    6.  Acquire, control, lease, dedicate, sell and convey rights of way, parks and other real property.

    7.  Regulate vehicular traffic and parking of vehicles.

    8.  Establish and maintain a sanitary sewer system.

    9.  Condemn property within the territorial limits of the City, as well as property outside the territorial limits of the City, in the manner prescribed by chapter 37 of NRS.

    10.  Regulate, prescribe the location for, prohibit or suppress all businesses selling alcoholic liquors at wholesale or retail.

    11.  Regulate, prescribe the location for, prohibit or suppress gaming of all kinds.

    Sec. 24.  Section 2.150 of the Charter of the City of Wells, being chapter 275, Statutes of Nevada 1971, at page 463, is hereby amended to read as follows:

Sec. 2.150  Powers of Board of Councilmen: Licensing, regulation and prohibition of businesses, trades and professions.

    1.  The Board of Councilmen may:

    (a) [Regulate] Except as otherwise provided in section 9 of this act, regulate all businesses, trades and professions.

    (b) Fix, impose and collect a license tax for revenue upon all businesses, trades and professions.

    2.  No person licensed by an agency of the State of Nevada to practice any trade or profession except gaming may be denied a license to conduct his profession.

    3.  The Board of Councilmen may establish any equitable standard to be used in fixing license taxes required to be collected pursuant to this section.

    Sec. 25.  Section 2.140 of the Charter of the City of Yerington, being chapter 465, Statutes of Nevada 1971, at page 906, is hereby amended to read as follows:

Sec. 2.140  Powers of City Council: Licensing, regulation and prohibition of businesses, trades and professions.

    1.  The City Council may:

    (a) [Regulate] Except as otherwise provided in section 9 of this act, regulate all businesses, trades and professions.

    (b) Fix, impose and collect a license tax for revenue upon all businesses, trades and professions.

    2.  The City Council may establish any equitable standard to be used in fixing license taxes required to be collected pursuant to this section.”.

    Amend sec. 14, page 6, line 18, by deleting:

“12 and 13”.

    Amend the title of the bill to read as follows:

    “AN ACT relating to property; prohibiting certain acts by lenders of home loans as unfair lending practices; providing for enforcement by the Attorney General; prohibiting a trustor from directing a trustee to exercise a power of sale of real property under certain circumstances; prohibiting certain agencies, boards, commissions or political subdivisions from regulating certain acts relating to lending; providing a penalty; and providing other matters properly relating thereto.”.

    Assemblyman Goldwater moved the adoption of the amendment.

    Remarks by Assemblyman Goldwater.

    Amendment adopted.

    Bill ordered reprinted, engrossed, and to third reading.

    Assembly Bill No. 297.

    Bill read second time.

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

    Amendment No. 452.

    Amend the bill as a whole by deleting sections 1 through 3 and adding new sections designated sections 1 through 7, following the enacting clause, to read as follows:

    “Section 1.  The Legislature hereby finds and declares that:

    1.  Federal law concerning payments made pursuant to
42 U.S.C. § 1396r-4, otherwise known as “disproportionate share payments,” are a critical source of income for hospitals, particularly public hospitals.

    2.  To ensure that certain hospitals can depend upon the revenue from this source, the Legislature has periodically established base payments to the hospitals in a fiscal year.

    3.  Because of the unique geographic, financial and organizational characteristics of these hospitals, a general law establishing base disproportionate share payments cannot be made applicable.

    Sec. 2.  NRS 422.380 is hereby amended to read as follows:

    422.380  As used in NRS 422.380 to 422.390, inclusive, unless the context otherwise requires:

    1.  “Disproportionate share payment” means a payment made pursuant to 42 U.S.C. § 1396r-4.

2.  “Hospital” has the meaning ascribed to it in NRS 439B.110 and includes public and private hospitals.

[2.] 3.  “Public hospital” means:

    (a) A hospital owned by a state or local government, including, without limitation, a hospital district; or

    (b) A hospital that is supported in whole or in part by tax revenue, other than tax revenue received for medical care which is provided to Medicaid patients, indigent patients or other low-income patients.

    Sec. 3.  NRS 422.382 is hereby amended to read as follows:

    422.382  1.  In a county whose population is 100,000 or more within which:

    (a) A public hospital is located, the state or local government or other entity responsible for the public hospital shall transfer an amount equal to [75] :

(1) Seventy percent of the total amount of disproportionate share payments distributed to [that hospital] all hospitals pursuant to NRS 422.387 for a fiscal year, less [$75,000,] $1,050,000; or

(2) Sixty-eight and fifty-four one hundredths percent of the total amount of disproportionate share payments distributed to all hospitals pursuant to NRS 422.387 for a fiscal year,

whichever is less, to the Division of Health Care Financing and Policy.

    (b) A private hospital which receives a disproportionate share payment pursuant to [:

(1) Paragraph (b)] paragraph (c) of subsection 2 of NRS 422.387 is located, the county shall transfer [:

(I) Except as otherwise provided in sub-subparagraph (II), an amount equal to 75 percent of the total amount distributed to that hospital pursuant to paragraph (b) of subsection 2 of NRS 422.387 for a fiscal year; or

(II) An amount established by the Legislature for a fiscal year,]
1.95 percent of the total amount of disproportionate share payments distributed to all hospitals pursuant to NRS 422.387 for a fiscal year, but not more than $1,500,000, to the Division of Health Care Financing and Policy.

[(2) Paragraph (c) of subsection 2 of NRS 422.387 is located, the county shall transfer:

(I) An amount equal to 75 percent of the total amount distributed to that hospital pursuant to that paragraph for a fiscal year, less $75,000; or

(II) Any maximum amount established by the Legislature for a fiscal year, whichever is less, to the Division of Health Care Financing and Policy.]

    2.  A county that transfers the amount required pursuant to [subparagraph (1) of] paragraph (b) of subsection 1 to the Division of Health Care Financing and Policy is discharged of the duty and is released from liability for providing medical treatment for indigent inpatients who are treated in the hospital in the county that receives a payment pursuant to paragraph [(b)] (c) of subsection 2 of NRS 422.387.

    3.  The money transferred to the Division of Health Care Financing and Policy pursuant to subsection 1 must not come from any source of funding that could result in any reduction in revenue to the State pursuant to
42 U.S.C. § 1396b(w).

    4.  Any money collected pursuant to subsection 1, including any interest or penalties imposed for a delinquent payment, must be deposited in the State Treasury for credit to the Intergovernmental Transfer Account in the State General Fund to be administered by the Division of Health Care Financing and Policy.

    5.  The interest and income earned on money in the Intergovernmental Transfer Account, after deducting any applicable charges, must be credited to the Account.

    Sec. 4.  NRS 422.385 is hereby amended to read as follows:

    422.385  1.  The allocations and payments required pursuant to subsections 1 [and 2] to 5, inclusive, of NRS 422.387 must be made, to the extent allowed by the State Plan for Medicaid, from the Medicaid Budget Account.

    2.  Except as otherwise provided in subsection 3 and subsection [3] 6 of NRS 422.387, the money in the Intergovernmental Transfer Account must be transferred from that Account to the Medicaid Budget Account to the extent that money is available from the Federal Government for proposed expenditures, including expenditures for administrative costs. If the amount in the Account exceeds the amount authorized for expenditure by the Division of Health Care Financing and Policy for the purposes specified in NRS 422.387, the Division of Health Care Financing and Policy is authorized to expend the additional revenue in accordance with the provisions of the State Plan for Medicaid.

    3.  If enough money is available to support Medicaid and to make the payments required by subsection [3] 6 of NRS 422.387, money in the Intergovernmental Transfer Account may be transferred:

    (a) To an account established for the provision of health care services to uninsured children pursuant to a federal program in which at least 50 percent of the cost of such services is paid for by the Federal Government, including, without limitation, the Children’s Health Insurance Program; or

    (b) To carry out the provisions of NRS 439B.350 and 439B.360.

    Sec. 5.  NRS 422.387 is hereby amended to read as follows:

    422.387  1.  Before making the payments required or authorized by this section, the Division of Health Care Financing and Policy shall allocate money for the administrative costs necessary to carry out the provisions of NRS 422.380 to 422.390, inclusive. The amount allocated for administrative costs must not exceed the amount authorized for expenditure by the Legislature for this purpose in a fiscal year. The Interim Finance Committee may adjust the amount allowed for administrative costs.

    2.  The State Plan for Medicaid must provide [:

(a) For] for the payment of the maximum amount of disproportionate share payments allowable under federal law and regulations . [after making any payments pursuant to paragraphs (b) and (c), to public hospitals for treating a disproportionate share of Medicaid patients, indigent patients or other low-income patients, unless such payments are subsequently limited by federal law or regulation.

(b) For a payment in an amount approved by the Legislature to the private hospital that provides the largest volume of medical care to Medicaid patients, indigent patients or other low-income patients in a county that does not have a public hospital.

(c) For a payment to each private hospital whose Medicaid utilization percentage is greater than the average for all the hospitals in this state and which is located in a county that has a public hospital, in an amount equal to:

(1) If the Medicaid utilization percentage of the hospital is greater than 20 percent, $200 for each uncompensated day incurred by the hospital; and

(2) If the Medicaid utilization percentage of the hospital is 20 percent or less, $100 for each uncompensated day incurred by the hospital.] The State Plan for Medicaid must provide that for:

(a) All public hospitals in counties whose population is 400,000 or more, the total annual disproportionate share payments are $66,650,000 plus
90 percent of the total amount of disproportionate share payments distributed by the State in that fiscal year that exceeds $76,000,000;

(b) All private hospitals in counties whose population is 400,000 or more, the total annual disproportionate share payments are $1,200,000 plus
2.5 percent of the total amount of disproportionate share payments distributed by the State in that fiscal year that exceeds $76,000,000;

(c) All private hospitals in counties whose population is 100,000 or more but less than 400,000, the total annual disproportionate share payments are $4,800,000 plus 2.5 percent of the total amount of disproportionate share payments distributed by the State in that fiscal year that exceeds $76,000,000;

(d) All public hospitals in counties whose population is less than 100,000, the total annual disproportionate share payments are $900,000 plus
2.5 percent of the total amount of disproportionate share payments distributed by the State in that fiscal year that exceeds $76,000,000; and

(e) All private hospitals in counties whose population is less than 100,000, the total annual disproportionate share payments are $2,450,000 plus
2.5 percent of the total amount of disproportionate share payments distributed by the State in that fiscal year that exceeds $76,000,000.

3.  The State Plan for Medicaid must provide for a base payment in an amount determined pursuant to subsections 4 and 5. Any amount set forth in each paragraph of subsection 2 that remains after all base payments have been distributed must be distributed to the hospital within that paragraph with the highest uncompensated care percentage in an amount equal to either the amount remaining after all base payments have been distributed or the amount necessary to reduce the uncompensated care percentage of that hospital to the uncompensated care percentage of the hospital in that paragraph with the second highest uncompensated care percentage, whichever is less. Any amount set forth in subsection 2 that remains after the uncompensated care percentage of the hospital with the highest uncompensated care percentage in a paragraph has been reduced to equal the uncompensated care percentage of the hospital in that paragraph with the second highest uncompensated care percentage must be distributed equally to the two hospitals with the highest uncompensated care percentage in that paragraph until their uncompensated care percentages are equal to the uncompensated care percentage of the hospital with the third highest uncompensated care percentage in that paragraph. This process must be repeated until all available funds set forth in a paragraph of subsection 2 have been distributed.

4.  Except as otherwise provided in subsection 5, the base payments for the purposes of subsection 3 are:

(a) For the University Medical Center of Southern Nevada, $66,531,729;

(b) For Washoe Medical Center, $4,800,000;

(c) For Carson-Tahoe Hospital, $1,000,000;

(d) For Northeastern Nevada Regional Hospital, $500,000;

(e) For Churchill Community Hospital, $500,000;

(f) For Humboldt General Hospital, $215,109;

(g) For William Bee Ririe Hospital, $204,001;

(h) For Mt. Grant General Hospital, $195,838;

(i) For South Lyon Medical Center, $174,417; and

(j) For Nye Regional Medical Center, $115,000,

or the successors in interest to such hospitals.

5.  The Plan must be consistent with the provisions of NRS 422.380 to 422.390, inclusive, and Title XIX of the Social Security Act,
42 U.S.C. §§ 1396 et seq., and the regulations adopted pursuant to those provisions.

[3.] If the total amount available to the State for making disproportionate share payments is less than $76,000,000, the Administrator:

(a) Shall adjust the amounts for each group of hospitals described in a paragraph of subsection 2 proportionally in accordance with the limits of federal law. If the amount available to hospitals in a group described in a paragraph of subsection 2 is less than the total amount of base payments specified in subsection 4, the Administrator shall reduce the base payments proportionally in accordance with the limits of federal law.

(b) Shall adopt a regulation specifying the amount of the reductions required by paragraph (a).

6.  To the extent that money is available in the Intergovernmental Transfer Account, the Division of Health Care Financing and Policy shall distribute $50,000 from that Account each fiscal year to each public hospital which:

    (a) Is located in a county that does not have any other hospitals; and

    (b) Is not eligible for a payment pursuant to [subsection 2.

4.] subsections 2, 3 and 4.

7.  As used in this section:

    (a) [“Medicaid utilization percentage” means the total number of days of treatment of Medicaid patients, including patients who receive their Medicaid benefits through a health maintenance organization, divided by the total number of days of treatment of all patients during a fiscal year.

(b) “Uncompensated day” means a day in which medical care is provided to an inpatient for which a hospital receives:

(1) Not more than 25 percent of the cost of providing that care from the patient; and

(2) No compensation for the cost of providing that care from any other person or any governmental program.] “Total revenue” is the amount of revenue a hospital receives for patient care and other services, net of any contractual allowances or bad debts.

(b) “Uncompensated care costs” means the total costs of a hospital incurred in providing care to uninsured patients, including, without limitation, patients covered by Medicaid or another governmental program for indigent patients, less any payments received by the hospital for that care.

(c) “Uncompensated care percentage” means the uncompensated care costs of a hospital divided by the total revenue for the hospital.

    Sec. 6.  NRS 422.390 is hereby amended to read as follows:

    422.390  1.  The Division of Health Care Financing and Policy shall adopt regulations concerning:

    (a) Procedures for the transfer to the Division of Health Care Financing and Policy of the amount required pursuant to NRS 422.382.

    (b) Provisions for the payment of a penalty and interest for a delinquent transfer.

    (c) Provisions for the payment of interest by the Division of Health Care Financing and Policy for late reimbursements to hospitals or other providers of medical care.

(d) Provisions for the calculation of the uncompensated care percentage for hospitals, including, without limitation, the procedures and methodology required to be used in calculating the percentage, and any required documentation of and reporting by a hospital relating to the calculation.

    2.  The Division of Health Care Financing and Policy shall report to the Interim Finance Committee quarterly concerning the provisions of
NRS 422.380 to 422.390, inclusive.

    Sec. 7.  This act becomes effective upon passage and approval for the purpose of adopting any regulations necessary to carry out the provisions of this act and on July 1, 2003, for all other purposes.”.

    Amend the title of the bill to read as follows:

    “AN ACT relating to welfare; revising the provisions governing the payment of hospitals for treating a disproportionate share of Medicaid patients, indigent patients or other low-income patients; providing for the allocation and transfer of certain funding for the treatment of those patients; and providing other matters properly relating thereto.”.

    Assemblywoman Koivisto moved the adoption of the amendment.

    Remarks by Assemblywoman Koivisto.

    Amendment adopted.

    Assemblywoman Koivisto moved that upon return from the printer Assembly Bill No. 297 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. 298.

    Bill read second time.

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

    Amendment No. 451.

    Amend the bill as a whole by deleting section 1 and adding new sections designated sections 1 through 3 and the text of the repealed section, following the enacting clause, to read as follows:

    “Section 1.  Chapter 281 of NRS is hereby amended by adding thereto a new section to read as follows:

1.  Except as otherwise provided in subsections 4 and 5, a public officer or employee shall not request or otherwise cause a governmental entity to incur an expense or make an expenditure to support or oppose:

(a) A ballot question.

(b) A candidate.

2.  For the purposes of paragraph (b) of subsection 1, an expense incurred or an expenditure made by a governmental entity shall be considered an expense incurred or an expenditure made in support of a candidate if:

(a) The expense is incurred or the expenditure is made for the creation or dissemination of a pamphlet, brochure, publication, advertisement or television programming that prominently features the activities of a current public officer of the governmental entity who is a candidate for a state, local or federal elective office; and

(b) The pamphlet, brochure, publication, advertisement or television programming described in paragraph (a) is created or disseminated during the period specified in subsection 3.

3.  The period during which the provisions of subsection 2 apply to a particular governmental entity begins when a current public officer of that governmental entity files a declaration of candidacy or acceptance of candidacy and ends on the date of the general election, general city election or special election for the office for which the current public officer of the governmental entity is a candidate.

4.  The provisions of this section do not prohibit the creation or dissemination of, or the appearance of a candidate in or on, as applicable, a pamphlet, brochure, publication, advertisement or television programming that:

(a) Is made available to the public on a regular basis and merely describes the functions of:

(1) The public office held by the public officer who is the candidate; or

(2) The governmental entity by which the public officer who is the candidate is employed; or

(b) Is created or disseminated in the course of carrying out a duty of:

(1) The public officer who is the candidate; or

(2) The governmental entity by which the public officer who is the candidate is employed.

5.  The provisions of this section do not prohibit an expense or an expenditure incurred to create or disseminate a television program that provides a forum for discussion or debate regarding a ballot question, if persons both in support of and in opposition to the ballot question participate in the television program.

6.  As used in this section:

(a) “Governmental entity” means:

(1) The government of this state;

(2) An agency of the government of this state;

(3) A political subdivision of this state; and

(4) An agency of a political subdivision of this state.

(b) “Pamphlet, brochure, publication, advertisement or television programming” includes, without limitation, a publication, a public service announcement and any programming on a television station created to provide community access to cable television. The term does not include:

(1) A press release issued to the media by a governmental entity; or

(2) The official website of a governmental entity.

(c) “Political subdivision” means a county, city or any other local government as defined in NRS 354.474.

    Sec. 2.  NRS 281.431 is hereby amended to read as follows:

    281.431  As used in NRS 281.411 to 281.581, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 281.432 to 281.4375, inclusive, have the meanings ascribed to them in those sections.

    Sec. 3.  NRS 293.725 is hereby repealed.

TEXT OF REPEALED SECTION

    293.725  Government expenditure in support of or opposition to ballot question or candidate prohibited.  The government of this state or a political subdivision of this state or an agency thereof shall not incur an expense or make an expenditure to support or oppose:

    1.  A ballot question.

    2.  A candidate.”.

    Amend the title of the bill to read as follows:

    “AN ACT relating to campaign practices; prohibiting public officers and employees from requesting or otherwise causing state and local governments to, under certain circumstances, make an expenditure to support or oppose a ballot question or a candidate; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

    “SUMMARY—Prohibits public officers and employees from requesting or otherwise causing state and local governments to, under certain circumstances, make expenditures to support or oppose ballot questions or candidates. (BDR 23‑408)”.

    Amend the bill as a whole by adding the following Senator as a primary joint sponsor: Senator Titus.

    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. 313.

    Bill read second time.

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

    Amendment No. 254.

    Amend the bill as a whole by deleting sections 1 through 42 and adding a new section designated section 1, following the enacting clause, to read as follows:

    “Section 1.  1.  The Legislative Committee on Health Care shall conduct a study of staffing ratios in hospitals and similar health care facilities. The study must include:

    (a) Establishing parameters for:

        (1) Staffing plans in hospitals; and

        (2) Minimum staffing ratios for nurses;

    (b) Required recordkeeping by hospitals concerning statistics related to patients and staffing, including a requirement that hospitals begin collecting data before establishing staffing ratios for nurses;

    (c) Establishing limitations upon the number of hours that nurses may work;

    (d) Specifying conditions under which nurses may refuse work assignments;

    (e) Specifying actions that hospitals are prohibited from taking with respect to their employees;

    (f) The public disclosure of information concerning staffing plans; and

    (g) Administrative and criminal penalties for hospitals that do not adhere to the requirements for staffing.

    2.  The Legislative Committee on Health Care shall complete the study on or before June 1, 2004, and submit a report of its findings and any recommendations for legislation on or before July 1, 2004, to the Director of the Legislative Counsel Bureau for transmittal to the Legislative Commission and the 73rd Session of the Nevada Legislature.”.

    Amend the bill as a whole by adding a preamble, immediately preceding the enacting clause, to read as follows:

    “Whereas, Adequate levels of staffing at hospitals and other health care facilities ensure the delivery of health care services in a manner that promotes proper care of patients and optimum outcomes; and

Whereas, Financial pressures can result in the reduction of staffing ratios, jeopardizing the delivery of high quality health care and adversely affecting the health of patients; and

Whereas, Establishing appropriate staffing ratios and related controls and protections can ensure that financial pressures do not adversely affect the quality of health care provided to patients in hospitals and other health care facilities; now, therefore,”.

    Amend the title of the bill to read as follows:

    “AN ACT relating to health care; directing the Legislative Committee on Health Care to conduct a study of staffing ratios in hospitals and similar health care facilities; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

    “SUMMARY—Directs Legislative Committee on Health Care to conduct study of staffing ratios in hospitals and similar health care facilities. (BDR S‑729)”.

    Assemblywoman Koivisto moved the adoption of the amendment.

    Remarks by Assemblywoman Koivisto.

    Amendment adopted.

    Assemblywoman Koivisto moved that upon return from the printer Assembly Bill No. 313 be re-referred to the Committee on
Elections, Procedures, and Ethics.

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

    Assembly in recess at 12:05 p.m.

ASSEMBLY IN SESSION

    At 12:07 p.m.

    Mr. Speaker presiding.

    Quorum present.

    Assemblywoman Koivisto withdrew the motion that Assembly Bill
No. 313 be re-referred to the Committee on Elections, Procedures, and Ethics.

    Bill ordered reprinted, engrossed, and to third reading.

    Assembly Bill No. 337.

    Bill read second time.

    The following amendment was proposed by the Committee on Judiciary:

    Amendment No. 301.

    Amend section 1, pages 2 and 3, by deleting lines 16 through 45 on page 2 and lines 1 through 24 on page 3, and inserting:

    “(a) Is free from the terms and conditions of his probation . [;

(b) If he meets the requirements of NRS 176A.860, may apply to the Division to request a restoration of his civil rights; and

(c)] (b) Is immediately restored to the following civil rights:

(1) The right to vote; and

(2) The right to hold office.

(c) Two years after the date of his honorable discharge from probation, is restored to the right to serve on a jury.

(d) If he meets the requirements of NRS 179.245, may apply to the court for the sealing of records relating to his conviction. [The person must]

(e) Must be informed of the provisions of this section and NRS [176A.860 and] 179.245 in his probation papers.

[4.  A person honorably discharged from probation who has had his civil rights restored by the court:

(a)] (f) Is exempt from the requirements of chapter 179C of NRS, but is not exempt from the requirements of chapter 179D of NRS.

[(b) May vote, hold office or serve as a juror.

(c)] (g) Shall disclose the conviction to a gaming establishment and to the State and its agencies, departments, boards, commissions and political subdivisions, if required in an application for employment, license or other permit. As used in this paragraph, “establishment” has the meaning ascribed to it in NRS 463.0148.

[(d)] (h) Except as otherwise provided in paragraph [(c),] (g), need not disclose the conviction to an employer or prospective employer.

[5.] 4.  The prior conviction of a person [whose civil rights have been restored or] who has been honorably discharged from probation may be used for purposes of impeachment. In any subsequent prosecution of the person , [who has had his civil rights restored or who has been honorably discharged from probation,] the prior conviction may be pleaded and proved if otherwise admissible.

5.  Upon his honorable discharge from probation, the person so discharged must be given an official document which demonstrates that he has received an honorable discharge from probation.

6.  A person who has been honorably discharged from probation in this state or any other state and whose official documentation of his discharge is lost, damaged or destroyed may file a written request with a court of competent jurisdiction to restore his civil rights pursuant to this section. Upon verification that the person has been honorably discharged from probation, the court shall issue an order restoring the person to the civil rights set forth in subsection 3. A person must not be required to pay a fee to receive such an order.

7.  A person who is honorably discharged from probation in this state or any other state may present official documentation of his honorable discharge from probation or a court order restoring his civil rights as proof that he has been restored to his right to vote, to hold office and to serve as a juror.”.

    Amend sec. 2, page 3, by deleting line 26 and inserting:

    “179.285  Except as otherwise provided in NRS 179.301 [, if] :”.

    Amend sec. 2, pages 3 and 4, by deleting lines 36 through 45 on page 3 and lines 1 through 12 on page 4 and inserting:

“[2.  The court shall order the civil rights of the person to whom the order pertains to be restored if the person has not been restored to his civil rights.]

(b) The person is immediately restored to the following civil rights if his civil rights previously have not been restored:

(1) The right to vote;

(2) The right to hold office; and

(3) The right to serve on a jury.

2.  Upon the sealing of his records, a person who is restored to his civil rights must be given an official document which demonstrates that he has been restored to the civil rights set forth in paragraph (b) of subsection 1.

3.  A person who has had his records sealed in this state or any other state and whose official documentation of the restoration of his civil rights is lost, damaged or destroyed may file a written request with a court of competent jurisdiction to restore his civil rights pursuant to this section. Upon verification that the person has had his records sealed, the court shall issue an order restoring the person to the civil rights to vote, to hold office and to serve on a jury. A person must not be required to pay a fee to receive such an order.

4.  A person who has had his records sealed in this state or any other state may present official documentation that he has been restored to his civil rights or a court order restoring his civil rights as proof that he has been restored to the right to vote, to hold office and to serve as a juror.”.

    Amend sec. 3, page 4, by deleting lines 14 through 25 and inserting:    “179.301  1.  The State Gaming Control Board and the Nevada Gaming Commission and their employees, agents and representatives may inquire into and inspect any records sealed pursuant to NRS 179.245 or 179.255, if the event or conviction was related to gaming, for purposes of determining the suitability or qualifications of any person to hold a state gaming license, manufacturer’s, seller’s or distributor’s license or gaming work permit pursuant to chapter 463 of NRS. Events and convictions, if any, which are the subject of an order sealing records [may] :

(a) May form the basis for recommendation, denial or revocation of those licenses . [or work permits.]

(b) Must not form the basis for denial or rejection of a gaming work permit unless the event or conviction relates to the applicant’s suitability or qualifications to hold the work permit.

    2.  The Central Repository for Nevada Records of Criminal”.

Amend sec. 3, page 4, line 31, by deleting “[3.] 2.” and inserting “3.”.

    Amend sec. 4, page 5, by deleting lines 18 through 21 and inserting: “to in this subsection.] two or more offenses punishable as felonies.”.

    Amend sec. 4, page 5, by deleting lines 26 through 31 and inserting: “179D.410; or

    (b) Except as otherwise provided in this chapter, a person whose conviction is or has been set aside in the manner provided by law.”.

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

    “Sec. 6.  NRS 6.010 is hereby amended to read as follows:

    6.010  [Every] Except as otherwise provided in this section, every qualified elector of the State, whether registered or not, who has sufficient knowledge of the English language, and who has not been convicted of treason , a felony, or other infamous crime, and who is not rendered incapable by reason of physical or mental infirmity, is a qualified juror of the county in which he resides. A person who has been convicted of a felony is not a qualified juror of the county in which he resides until his civil right to serve as a juror has been restored pursuant to NRS 176A.850, 179.285, 213.090, 213.155 or 213.157.”.

    Amend sec. 13, pages 10 and 11, by deleting lines 8 through 44 on page 10 and lines 1 through 3 on page 11 and inserting:

    “213.090  1.  [When a pardon] A person who is granted a pardon for any offense committed : [, the pardon may or may not include restoration of civil rights. If the pardon includes restoration of civil rights , it must be so stated in the instrument or certificate of pardon and, when granted upon conditions, limitations or restrictions, they must be fully set forth in the instrument.

2.  In any case where a convicted person has received a pardon without immediate restoration of his civil rights, he may apply to the State Board of Pardons Commissioners for restoration of his civil rights and release from penalties and disabilities resulting from the offense or crime of which he was convicted.

3.  Upon receiving an application pursuant to subsection 2, the Board shall determine whether the applicant has received a pardon. If the Board determines that the applicant has received a pardon, the Board shall, as soon as reasonably practicable, restore him to his civil rights and release him from all penalties and disabilities resulting from the offense or crime of which he was convicted.

4.  An applicant]

(a) Is immediately restored to the following civil rights:

(1) The right to vote; and

(2) The right to hold office.

(b) Two years after the date that his pardon is granted, is restored to the right to serve on a jury.

2.  Upon receiving a pardon, a person so pardoned must be given an official document which demonstrates that he has been granted a pardon.

3.  A person who has been granted a pardon in this state or any other state and whose official documentation of the pardon is lost, damaged or destroyed may file a written request with a court of competent jurisdiction to restore his civil rights pursuant to this section. Upon verification that the person has been granted a pardon, the court shall issue an order restoring the person to the civil rights set forth in subsection 1. A person must not be required to pay a fee to receive such an order.

4.  A person who has been granted a pardon in this state or any other state may present official documentation of his pardon or a court order restoring his civil rights as proof that he has been restored to his right to vote, to hold office and to serve as a juror. A person must not be required to pay a fee to [have his civil rights restored or to be released from penalties and disabilities pursuant to this section.] receive such an order.”.

    Amend sec. 14, pages 11 and 12, by deleting lines 5 through 43 on page 11 and lines 1 through 5 on page 12 and inserting:

    “213.155  1.  [The Board may restore a paroled prisoner to his civil rights, conditioned upon the prisoner receiving] A person who receives an honorable discharge from parole pursuant to NRS 213.154 : [. Such restoration must take effect at the expiration of the parole of the prisoner.

2.  In any case where a convicted person has completed his parole without immediate restoration of his civil rights and has been issued an honorable discharge from parole pursuant to NRS 213.154, he may apply to the Division to request a restoration of his civil rights and release from penalties and disabilities which resulted from the offense or crime of which he was convicted.

3.  Upon receiving an application pursuant to subsection 2, the Division shall determine whether the applicant has received an honorable discharge from parole. If the Division determines that the applicant has received an honorable discharge, the Division shall forward the application to the Board.

4.  Upon receiving an application pursuant to subsection 3, the Board shall, as soon as reasonably practicable, restore the applicant to his civil rights and release him from all penalties and disabilities resulting from the offense or crime of which he was convicted.

5.  An applicant]

(a) Is immediately restored to the following civil rights:

(1) The right to vote; and

(2) The right to hold office.

(b) Two years after the date of his honorable discharge from parole, is restored to the right to serve on a jury.

2.  Upon his honorable discharge from parole, the person so discharged must be given an official document which demonstrates that he has received an honorable discharge from parole.

3.  A person who has been honorably discharged from parole in this state or any other state and whose official documentation of his honorable discharge is lost, damaged or destroyed may file a written request with a court of competent jurisdiction to restore his civil rights pursuant to this section. Upon verification that the person has been honorably discharged from probation, the court shall issue an order restoring the person to the civil rights set forth in subsection 1. A person must not be required to pay a fee to receive such an order.

4.  A person who is honorably discharged from parole in this state or any other state may present official documentation of his honorable discharge from probation or a court order restoring his civil rights as proof that he has been restored to his right to vote, to hold office and to serve as a juror. A person must not be required to pay a fee to [have his civil rights are restored or to be released from penalties and disabilities pursuant to this section.

6.] receive such an order.

5.  The Board may adopt regulations necessary or convenient for the purposes of this section.”.

    Amend sec. 15, page 12, by deleting lines 7 through 45 and inserting: “213.157  1.  [In any case where a] A person convicted of a felony in the State of Nevada who has served his sentence [and] , has been released from prison [, he may apply to the Division requesting restoration of his civil rights and release from all penalties and disabilities which resulted from the offense or crime of which he was convicted .

2.  Upon receiving an application pursuant to subsection 1, the Division shall determine whether the applicant has served his sentence and been released from prison. If the Division determines that the applicant has served his sentence and been released from prison, the Division shall forward the application to the district court in which the conviction was obtained.

3.  Upon receiving an application pursuant to subsection 2, the court shall, as soon as reasonably practicable, restore the civil rights of the applicant and release him from all penalties and disabilities which resulted from the offense or crime of which he was convicted.

4.  An applicant] and is not subject to a period of parole or probation:

(a) Is immediately restored to the following civil rights:

(1) The right to vote; and

(2) The right to hold office.

(b) Two years after the date of his release from prison, is restored to the right to serve on a jury.

2.  Upon his release from prison without a period of parole or probation, a person so released must be given an official document which demonstrates that he has been released from prison and is not subject to a period of parole or probation.

3.  A person who is released from prison in this state or any other state and who is not subject to a period of parole or probation in this state or any other state and whose official documentation of his release is lost, damaged or destroyed may file a written request with a court of competent jurisdiction to restore his civil rights pursuant to this section. Upon verification that the person has been released from prison and is not subject to a period of parole or probation, the court shall issue an order restoring the person to the civil rights set forth in subsection 1. A person must not be required to pay a fee to receive such an order.

4.  A person who is released from prison and who is not subject to a period of parole or probation in this state or any other state may present official documentation of his release or a court order restoring his civil rights as proof that he has been restored to his right to vote, to hold office and to serve as a juror. A person must not be required to pay a fee to [have his civil rights restored or to be released from penalties and disabilities pursuant to this section.] receive such an order.”.

    Amend the bill as a whole by renumbering sections 16 through 71 as sections 20 through 75 and adding new sections designated sections 16 through 19, following sec. 15, to read as follows:

    “Sec. 16.  NRS 248.010 is hereby amended to read as follows:

    248.010  1.  Sheriffs [shall] must be elected by the qualified electors of their respective counties.

    2.  Sheriffs [shall] must be chosen by the electors of their respective counties at the general election in 1922, and at the general election every
4 years thereafter, and shall enter upon the duties of their respective offices on the [1st] first Monday of January subsequent to their election.

3.  A person who has been convicted of a felony in this state or any other state is not qualified to be a candidate for or elected or appointed to the office of sheriff regardless of whether he has been restored to his civil rights.

Sec. 17.  NRS 258.010 is hereby amended to read as follows:

258.010  1.  Except as otherwise provided in subsections 2 and 3:

    (a) Constables must be elected by the qualified electors of their respective townships.

    (b) The constables of the several townships of the State must be chosen at the general election of 1966, and shall enter upon the duties of their offices on the first Monday of January next succeeding their election, and hold their offices for the term of 4 years thereafter, until their successors are elected and qualified.

    (c) Constables must receive certificates of election from the boards of county commissioners of their respective counties.

    2.  In a county which includes only one township, the board of county commissioners may, by resolution, appoint the sheriff ex officio constable to serve without additional compensation. The resolution must not become effective until the completion of the term of office for which a constable may have been elected.

    3.  In a county whose population:

    (a) Is less than 400,000, if the board of county commissioners determines that the office of constable is not necessary in one or more townships within the county, it may, by ordinance, abolish the office of constable in those townships.

    (b) Is 400,000 or more, if the board of county commissioners determines that the office of constable is not necessary in one or more townships within the county, it may, by ordinance, abolish the office in those townships, but the abolition does not become effective as to a particular township until the constable incumbent on May 28, 1979, does not seek, or is defeated for, reelection.

For a township in which the office of constable has been abolished, the board of county commissioners may, by resolution, appoint the sheriff ex officio constable to serve without additional compensation.

4.  A person who has been convicted of a felony in this state or any other state is not qualified to be a candidate for or elected or appointed to the office of constable regardless of whether he has been restored to his civil rights.

    Sec. 18.  Chapter 289 of NRS is hereby amended by adding thereto a new section to read as follows:

A person who has been convicted of a felony in this state or any other state is not qualified to serve as a category I peace officer, category II peace officer or category III peace officer regardless of whether he has been restored to his civil rights.

Sec. 19.  NRS 289.450 is hereby amended to read as follows:

289.450  As used in NRS 289.450 to 289.600, inclusive, and section 18 of this act, unless the context otherwise requires, the words and terms defined in NRS 289.460 to 289.490, inclusive, have the meanings ascribed to them in those sections.”.

    Amend sec. 21, page 20, by deleting lines 8 through 17 and inserting:

    “(d) Committed, attempted or conspired to commit a crime which is a felony or gross misdemeanor in this state or an offense in another state or jurisdiction which would be a felony or gross misdemeanor if committed in this state [;] and which relates to the applicant’s suitability or qualifications to work as a gaming employee;

    (e) Been identified in the published reports of any federal or state legislative or executive body as being a member or associate of organized crime, or as being of notorious and unsavory reputation;

    (f) Been placed and remains in the constructive custody of any federal, state or municipal law enforcement authority; or

    (g) Had a work permit revoked or committed any act”.

    Amend sec. 21, page 21, by deleting lines 6 and 7 and inserting:

“show whether the crime was a misdemeanor, gross misdemeanor, felony or other”.

    Amend sec. 70, pages 64 and 65, by deleting lines 18 through 43 on
page 64 and lines 1 through 3 on page 65 and inserting:

    “Sec. 70.  1.  Any person residing in this state who, before October 1, 2003, was:

    (a) Honorably discharged from probation pursuant to NRS 176A.850;

    (b) Pardoned pursuant to NRS 213.090;

    (c) Honorably discharged from parole pursuant to NRS 213.154 and 213.155; or

    (d) Released from prison and was not subject to probation or parole pursuant to NRS 213.157,

in this state or any other state and who has not had his civil rights restored is hereby restored to the civil rights set forth in subsection 2.

    2.  A person listed in subsection 1:

    (a) Is immediately restored to:

        (1) The right to vote; and

(2) The right to hold office.

(b) Two years after the date on which he is released from his sentence of imprisonment, is restored to the right to serve on a jury.

3.  A person who is restored to his civil rights pursuant to this section whose official documentation which demonstrates that the person qualifies to have his civil rights restored pursuant to subsection 1 is lost, damaged or destroyed may file a written request with a court of competent jurisdiction to restore his civil rights pursuant to this section. Upon verification that the person qualifies to have his civil rights restored pursuant to subsection 1, the court shall issue an order restoring the person to the civil rights set forth in subsection 2. A person must not be required to pay a fee to receive such an order.

4.  A person who is restored to his civil rights pursuant to this section may present official documentation that he qualifies to have his civil rights restored pursuant to subsection 1 or a court order restoring his civil rights as proof that he has been restored to his right to vote, to hold office and to serve as a juror.”.

    Amend sec. 71, page 65, line 4, by deleting “52,” and inserting “56,”.

    Amend sec. 71, page 65, line 5, by deleting: “54 to 70,” and inserting:

“58 to 74,”.

    Amend sec. 71, page 65, line 6, by deleting “52” and inserting “56”.

    Amend sec. 71, page 65, line 17, by deleting “53” and inserting “57”.

    Amend the title of the bill by deleting the sixth through ninth lines and inserting: “whose records of conviction are sealed; limiting the persons who are”.

    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. 352.

    Bill read second time.

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

    Amendment No. 420.

    Amend section 1, page 1, line 10, by deleting “dates” and inserting: “dates, if known,”.

    Amend section 1, page 1, line 14, by deleting “1975,” and inserting:

“June 15, 1976,”.

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

    “Sec. 2.  Chapter 118B of NRS is hereby amended by adding thereto a new section to read as follows:

1.  At the beginning of each tax year, the landlord shall prepare an annual statement which contains the following information:

(a) The net profits earned by the landlord for the preceding tax year;

(b) The landlord’s rate of return for the manufactured home park for each of the 5 preceding tax years or, if the landlord has owned or leased the manufactured home park for fewer than 5 years, for each year that he has owned or leased the manufactured home park; and

(c) The number of years that the landlord has owned or leased the manufactured home park.

2.  Not later than May 1 of each year, the landlord shall:

(a) Post a copy of the annual statement required pursuant to subsection 1 in a conspicuous and readily accessible place in the community or recreation facility of the manufactured home park or other common area of the manufactured home park;

(b) Mail, return receipt requested, or personally deliver a copy of the annual statement to each tenant of the manufactured home park and obtain the tenant’s signature acknowledging receipt of the statement; and

(c) Submit a copy of the annual statement to the Division.

3.  The landlord shall provide a current version of the annual statement prepared pursuant to subsection 1 to each prospective tenant of the manufactured home park.”.

    Amend the title of the bill, fifth line, after “sale;” by inserting: “requiring the landlord of a manufactured home park to prepare and disseminate an annual statement regarding the profitability of the park;”.

    Amend the summary of the bill to read as follows:

    “SUMMARY—Makes various changes relating to manufactured home parks. (BDR 43‑970)”.

    Assemblyman Goldwater moved the adoption of the amendment.

    Remarks by Assemblyman Goldwater.

    Amendment adopted.

    Bill ordered reprinted, engrossed, and to third reading.

    Assembly Bill No. 421.

    Bill read second time.

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

    Amendment No. 387.

    Amend section 1, page 1, line 2, after “contest” by inserting “of election”.

    Amend section 1, page 2, by deleting lines 19 through 28 and inserting:

    “5.  Where no more than the number of candidates to be elected have filed for nomination for [any office,] :

(a) Any partisan office or the office of justice of the Supreme Court, the names of those candidates must be omitted from all ballots for a primary election and placed on all ballots for a general election; and

(b) Any nonpartisan office, other than the office of justice of the Supreme Court, the names of those candidates must appear on the ballot for a primary election unless the candidates were nominated pursuant to subsection 2 of NRS 293.165. If a candidate receives one or more votes at the primary election, he must be declared elected to the office and his name must not be placed on the ballot for the general election. If a candidate does not receive one or more votes at the primary election, his name must be placed on the ballot for the general election.

    6.  If there are more candidates than twice the number to be”.

    Amend the title of the bill to read as follows:

    “AN ACT relating to elections; requiring that the names of candidates for certain nonpartisan offices who are unopposed be placed on the ballot for a primary election; requiring that, under certain circumstances, such a candidate be declared elected to office following the primary election and that his name not be placed on the ballot for a general election; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

    “SUMMARY—Requires that candidates for certain nonpartisan offices who are unopposed be declared elected to office after primary election under certain circumstances. (BDR 24‑847)”.

    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. 424.

    Bill read second time.

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

    Amendment No. 423.

    Amend the bill as a whole by deleting sections 1 through 15 and adding a new section designated section 1, following the enacting clause, to read as follows:

    “Section 1.  NRS 333.365 is hereby amended to read as follows:

    333.365  1.  A person who has entered into a contract with the Purchasing Division or another agency of this state and who does not perform according to the terms of the contract is liable for, in addition to any other applicable damages for breach of contract, a penalty of not more than
5 percent of the total value of the bid [.] or contract. The penalty must be recovered in a civil action upon the complaint of the Chief in any court of competent jurisdiction. In addition to recovering the penalty and any other applicable damages, the Chief may [remove the name of the person from the list of bidders and] refuse to accept a bid from [him] the person or refuse to award a contract to the person, or both, for not more than 2 years.

    2.  If the Chief does not bring an action to recover the penalty prescribed by subsection 1, he may:

    (a) [Remove the name of the person from the list of bidders and refuse] Refuse to accept a bid from [him] the person, refuse to award a contract to the person, or both, for not more than 2 years; and

    (b) Impose an administrative penalty, in an amount not to exceed
5 percent of the total value of the bid [.] or contract. Such a penalty may be recovered only after notice is given to the person by mail.

    3.  [If the Chief has removed the name of a person from the list of bidders, that person must apply to the Chief to have his name reinstated on the list of bidders.

4.]  A penalty imposed pursuant to subsection 1 or 2 may be deducted from any payment due the person or, if a bond has been issued or a check received, a claim may be made against the bond or check. If no payment is due and no bond was issued or check received, the Chief may issue a claim for payment of the penalty. The claim must be paid within 30 days.”.

    Amend the title of the bill to read as follows:

    “AN ACT relating to state purchasing; revising the provisions concerning certain penalties for a person who has entered into a contract with an agency of this state and who fails to perform according to the terms of the contract; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

    “SUMMARY—Revises provisions concerning penalty for person who contracts with state agency and fails to perform according to terms of contract. (BDR 28-959)”.

    Assemblyman Goldwater moved the adoption of the amendment.

    Remarks by Assemblyman Goldwater.

    Amendment adopted.

    Bill ordered reprinted, engrossed, and to third reading.

    Assembly Bill No. 425.

    Bill read second time.

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

    Amendment No. 267.

    Amend section 1, page 2, by deleting lines 3 through 28 and inserting:

    “1.  A person who bids on a contract may file a notice of protest regarding the awarding of the contract with the authorized representative designated by the public body within 5 business days after the date the bids were opened by the public body or its authorized representative.

2.  The notice of protest must include a written statement setting forth with specificity the reasons the person filing the notice believes the applicable provisions of law were violated.

3.  A person filing a notice of protest may be required by the public body or its authorized representative, at the time the notice of protest is filed, to post a bond with a good and solvent surety authorized to do business in this state or submit other security, in a form approved by the public body, to the public body who shall hold the bond or other security until a determination is made on the protest. A bond posted or other security submitted with a notice of protest must be in an amount equal to the lesser of:

(a) Twenty-five percent of the total value of the bid submitted by the person filing the notice of protest; or

(b) Two hundred fifty thousand dollars.

4.  A notice of protest filed in accordance with the provisions of this section operates as a stay of action in relation to the awarding of any contract until a determination is made by the public body on the protest.

5.  A person who makes an unsuccessful bid may not seek any type of judicial intervention until the public body has made a determination on the protest and awarded the contract.”.

    Amend section 1, page 2, line 32, by deleting “an unsuccessful” and inserting “a”.

    Amend section 1, page 2, line 33, by deleting “appeal” and inserting “protest”.

    Amend section 1, page 2, by deleting lines 34 through 43 and inserting:

    “7.  If the protest is upheld, the bond posted or other security submitted with the notice of protest must be returned to the person who posted the bond or submitted the security. If the protest is rejected, a claim may be made against the bond or other security by the public body in an amount equal to the expenses incurred by the public body because of the unsuccessful protest. Any money remaining after the claim has been satisfied must be returned to the person who posted the bond or submitted the security.”.

    Amend sec. 2, page 3, line 5, by deleting “person or”.

    Amend sec. 2, page 3, line 6, by deleting “construction project.” and inserting “public work.”.

    Amend sec. 2, page 4, line 3, by deleting “[(b)] (c)” and inserting “(b)”.

    Amend sec. 7, page 8, line 41, by deleting “or” and inserting “and”.

    Amend sec. 13, page 12, line 24, after “provisions of” by inserting: “section 1 of this act and”.

    Amend sec. 19, page 17, line 29, after “state, or” by inserting: “the governing body of”.

    Amend sec. 19, page 18, lines 32 and 33, by deleting: “the provisions of”.

    Amend sec. 20, page 20, by deleting lines 9 through 13 and inserting: “exceed the limit of his license. A subcontractor [named by the contractor] who is [not] :

(a) Named in the bid for the contract as a subcontractor who will provide a portion of the work on the public work pursuant to NRS 338.141; and

(b) Not properly licensed for that portion of the work ,

shall be deemed unacceptable. If the”.

    Amend sec. 21, page 20, line 36, by deleting “a” and inserting “the lowest”.

    Amend sec. 21, page 20, line 37, by deleting: “contractor who has” and inserting: “responsive and responsible contractor who:

(1) Has”.

    Amend sec. 21, page 20, by deleting lines 41 and 42 and inserting:

    “(b) At the time he submits his bid, provides to the public body a copy of] ; and

(2) At the time he submits his bid, has a valid certificate of eligibility to”.

    Amend sec. 21, page 21, line 4, by deleting “(c)” and inserting “(b)”.

    Amend sec. 21, page 21, line 5, by deleting “next”.

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

“whose bid is not accompanied by a copy of” and inserting: “who does not have, at the time he submits his bid,”.

    Amend sec. 24, page 25, line 33, after “improvement]” by inserting: “to which paragraph (a) of subsection 1 of NRS 338.1385 or paragraph (a) of subsection 1 of NRS 338.143 applies,”.

    Amend sec. 24, page 25, by deleting line 34 and inserting:

    “(a) [The] If the public body provides a list of the labor or portions of the public work which are estimated by the public body to exceed 3 percent of the estimated cost of the public work, the name of each subcontractor who will provide such labor or”.

    Amend sec. 24, page 25, line 35, by deleting “a”.

    Amend sec. 24, page 25, by deleting line 37 and inserting:

    “(b) If the public body does not provide a list of the labor or portions of the public work which are estimated by the public body to exceed 3 percent of the estimated cost of the public work, the name of each subcontractor who will provide labor or a”.

    Amend sec. 24, page 25, line 39, before “contractor” by inserting “prime”.

    Amend sec. 24, page 25, line 40, by deleting “Within” and inserting: “[Within] If the bid is submitted pursuant to this paragraph, within”.

    Amend sec. 24, page 25, line 44, before “contractor” by inserting “prime”.

    Amend sec. 24, page 26, lines 13 and 14, before “contractor” by inserting “prime”.

    Amend sec. 24, page 26, lines 15 and 16, before “subsection 1” by inserting: “paragraph (a) of”.

    Amend sec. 24, page 26, line 17, before “contractor” by inserting “prime”.

    Amend sec. 24, page 26, line 44, by deleting “3” and inserting “1”.

    Amend sec. 27, page 31, by deleting lines 31 through 36 and inserting: “contract would exceed the limit of his license. A subcontractor [named by the contractor] who is [not] :

(a) Named in the bid for the contract as a subcontractor who will provide a portion of the work on the public work pursuant to NRS 338.141; and

(b) Not properly licensed for that portion of the work ,shall be deemed unacceptable. If the”.

    Amend sec. 28, page 32, by deleting lines 11 through 13 and inserting:

    “(a) Has] the lowest bid that is:

(a) Submitted by a contractor who:

(1) Has been found to be a responsible and responsive contractor by the local government [;”.

    Amend sec. 28, page 32, by deleting lines 16 and 17 and inserting: “government a copy of] or its authorized representative; and

(2) At the time he submits his bid, has a valid certificate of eligibility to”.

    Amend sec. 28, page 32, line 24, by deleting “(c)” and inserting “(b)”.

    Amend sec. 28, page 32, line 25, by deleting “next”.

    Amend sec. 28, page 32, line 26, by deleting: “whose bid is not accompanied by a copy of” and inserting: “who does not have, at the time he submits the bid,”.

    Amend sec. 28, page 35, by deleting lines 24 and 25 and inserting: “business days after the opening of the bids by the local government or its authorized representative.”.

    Amend sec. 29, page 35, line 45, before “338.147” by inserting: “338.143, 338.145 and”.

    Amend sec. 29, page 36, lines 7 and 8, by deleting “338.143 or” and inserting: “338.143, 338.145 and”.

    Amend sec. 32, page 38, line 15, by deleting: “governing body of the entity” and inserting: “[governing body of the entity] public body”.

    Assemblyman Goldwater moved the adoption of the amendment.

    Remarks by Assemblyman Goldwater.

    Amendment adopted.

    Bill ordered reprinted, engrossed, and to third reading.

    Assembly Bill No. 430.

    Bill read second time.

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

    Amendment No. 459.

    Amend section 1, page 1, by deleting lines 5 through 10 and inserting: “access of:

(a) Except as otherwise provided in subsection 2, a patient receiving services pursuant to Medicaid to prescription drugs that are prescribed for the treatment of a mental illness of the patient, including, without limitation, prescriptions for atypical and conventional antipsychotic medications and anticonvulsant medications; or

(b) A patient who is infected with the human immunodeficiency virus who is receiving services pursuant to Medicaid to antiretroviral prescription drugs that are prescribed for the patient.

2.  The provisions of paragraph (a) of subsection 1 do not apply to prescription antidepressant medications or antianxiety medications.”.

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

    Amend the title of the bill by deleting the third and fourth lines and inserting: “access to certain prescription drugs for mental illness provided pursuant to Medicaid and to antiretroviral prescription drugs provided to certain persons; and providing other matters”.

    Amend the summary of the bill to read as follows:

    “SUMMARY―Prohibits Department of Human Resources from taking certain actions to restrict access to certain prescription drugs for mental illness provided pursuant to Medicaid and to antiretroviral prescription drugs provided to certain persons pursuant to Medicaid. (BDR 38‑984)”.

    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. 526.

    Bill read second time.

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

    Amendment No. 389.

    Amend section 1, pages 1 and 2, by deleting lines 7 through 11 on page 1 and lines 1 through 8 on page 2, and inserting: “with the clerk of the district court. The parties to such a contest shall be designated contestant and defendant.

2.  On or before December 15 of the year immediately preceding a regular legislative session:

(a) The contestant in a contest of a general election for the office of Assemblyman or Senator may amend the statement of contest filed pursuant to this section by filing an amended statement of contest and any relevant depositions, ballots and other documents relating to the contest with the Secretary of State; and

(b) Each party in a contest of a general election for the office of Assemblyman or Senator shall provide the Secretary of State with a list of the witnesses the party intends to present at the hearing of the contest.

3.  Each party in a contest of a general election for the office of Assemblyman or Senator may:

(a) Before the hearing of the contest:

(1) Take the deposition of any witness in the manner prescribed by rule of court for taking depositions in civil actions in the district courts; and

(2) Investigate issues relating to the contest; and

(b) At the hearing of the contest, present any relevant depositions and other evidence obtained as a result of such investigation at the hearing of the contest, including, without limitation, evidence obtained after the date for filing an amended statement of contest. If a party obtains evidence after such date, the evidence may not be included in the statement of contest or amended statement of contest.”.

    Amend sec. 2, page 2, by deleting lines 28 through 39 and inserting:

    “5.  In a contest of a general election for the office of Assemblyman or Senator, the house in which a contest was tried or was to be tried shall determine the remedy, if any, to be awarded to a party to such a contest. The remedy may include, without limitation, any costs incurred by a party in connection with the contest.”.

    Amend the title of the bill to read as follows:

    “AN ACT relating to elections; authorizing the contestant in a contest of a general election for the office of Assemblyman or Senator to amend the statement of contest by a certain date before the commencement of the legislative session; authorizing the parties in such a contest to take depositions, investigate the contest until the date of the hearing of the contest and present the evidence or findings of the investigation at the hearing of the contest; providing that the legislative house in which the contest was tried or was to be tried may determine the remedies awarded to a party in such a contest; 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.

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblywoman Koivisto moved that upon return from the printer Assembly Bill No. 430 be re-referred to the Committee on Ways and Means.

    Motion carried.

SECOND READING AND AMENDMENT

    Assembly Bill No. 528.

    Bill read second time.

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

    Amendment No. 390.

    Amend the bill as a whole by deleting sections 1 through 3 and renumbering sections 4 through 14 as sections 1 through 11.

    Amend sec. 14, page 14, between lines 7 and 8, by inserting:

    “6.  Any state or county central committee of a major political party, any executive committee of a minor political party or any member or representative of such a central committee or executive committee who receives without charge a list of the persons who are registered to vote in any precinct, district or county pursuant to this section shall not:

(a) Use the list for any purpose that is not related to an election; or

(b) Sell the list for compensation or other valuable consideration.”.

    Amend the bill as a whole by deleting sections 15 and 16 and renumbering sections 17 through 25 as sections 12 through 20.

    Amend sec. 17, page 16, lines 10 and 11, by deleting: “Ten days before the period for early voting, if feasible,” and inserting: “Before the period for early voting,”.

    Amend sec. 21, page 18, lines 30 and 31, by deleting: “Ten days before the period for early voting, if feasible,” and inserting: “Before the period for early voting,”.

    Amend the bill as a whole by adding a new section designated sec. 21, following sec. 25, to read as follows:

    “Sec. 21.  NRS 306.030 is hereby amended to read as follows:

    306.030  1.  The petition may consist of any number of copies which are identical in form with the original, except for the name of the county and the signatures and addresses of the residences of the signers. The pages of the petition with the signatures and of any copy must be consecutively numbered. Each page must bear the name of a county and only registered voters of that county may sign the page.

    2.  Every copy must be verified by [at least one of the signers] the circulator thereof, who shall swear or affirm, before a person authorized by law to administer oaths, that the statements and signatures contained in the petition are true to the best of his knowledge and belief. The verification must also contain a statement of the number of signatures being verified by the [signer.] circulator.”.

    Amend the bill as a whole by deleting sections 26 through 38 and renumbering sec. 39 as sec. 22.

    Amend the title of the bill to read as follows:

    “AN ACT relating to elections; specifying how periods of time are measured for election duties; revising provisions governing the circulation of certain petitions; changing the date by which a county clerk must determine the number of registered voters of each major political party in each precinct; revising the provisions governing the consequences of a candidate’s death; specifying that filing fees are not refundable; changing the date by which the canvass of votes for certain offices and questions must occur; clarifying that minor political parties may receive a list of registered voters from the county clerk without charge; prohibiting certain persons and entities from selling such a list or using such list for a purpose that is not related to an election; revising the provisions governing the date by which sample ballots must be mailed to the registered voters; expanding the definition of a committee for the recall of a public officer; changing the officer with whom a candidate who is not elected must file a report concerning unspent contributions; changing the dates by which certain groups must make available information concerning advertising for campaigns; restricting the civil penalties that may be imposed for filing late campaign reports against a public officer or candidate for public office that is not entitled to receive compensation; 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.

REPORTS OF COMMITTEES

Mr. Speaker:

    Your Committee on Commerce and Labor, to which was referred Assembly Bill No. 356, 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 Commerce and Labor, to which was referred Assembly Bill
No. 453, 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 Commerce and Labor, to which was referred Assembly Bill
No. 489, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

David Goldwater, Chairman

Mr. Speaker:

    Your Committee on Government Affairs, to which was referred Assembly Bill No. 87, 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. 196, 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. 403, 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 Ways and Means, to which was referred Assembly Bill No. 158, 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:

    Your Concurrent Committee on Ways and Means, to which was referred Assembly Bill
No. 454, 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 Bills Nos. 87, 158, 196, 356, 403, 453, 454, and 489 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 12:25 p.m.

ASSEMBLY IN SESSION

    At 12:48 p.m.

    Mr. Speaker presiding.

    Quorum present.

SECOND READING AND AMENDMENT

    Assembly Bill No. 87.

    Bill read second time.

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

    Amendment No. 115.

    Amend sec. 9, page 3, line 43, by deleting “and”.

    Amend sec. 9, pages 3 and 4, by deleting line 45 on page 3 and lines 1 through 4 on page 4, and inserting: “upon the [amount of] hourly rate that the notary public will charge for the additional fee; and

    (d) The additional fee does not exceed [the standard mileage reimbursement rate for which a deduction is allowed for the purposes of federal income tax.] :

(1) If the person requesting the notarial act asks the notary public to travel between the hours of 6 a.m. and 7 p.m., $10 per hour.

(2) If the person requesting the notarial act asks the notary public to travel between the hours of 7 p.m. and 6 a.m., $25 per hour.

The notary public may charge a minimum of 2 hours for such travel and shall charge on a pro rata basis after the first 2 hours.

    4.  A notary public is entitled to charge the amount of the additional fee agreed to in advance by the person requesting the notarial act pursuant to subsection 3 if:

(a) The person requesting the notarial act cancels his request after the notary public begins his travel to perform the requested notarial act.

(b) The notary public is unable to perform the requested notarial act as a result of the actions of the person who requested the notarial act or any other person who is necessary for the performance of the notarial act.

5.  For each additional fee that a notary public charges for traveling to perform a notarial act pursuant to subsection 3, the notary public shall enter in the journal that he keeps pursuant to NRS 240.120:

(a) The amount of the fee; and

(b) The date and time that the notary public began and ended such travel.

6.  A person who employs a notary public may prohibit the”.

    Amend the title of the bill by deleting the third and fourth lines and inserting: “revising the provisions governing the additional fee that a notary public may charge for traveling to perform a notarial act; and”.

    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. 158.

    Bill read second time.

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

    Amendment No. 439.

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

    “Section 1.  1.  The Legislative Commission shall appoint a committee consisting of an equal number of Legislators from the Assembly and the Senate to conduct an interim study concerning the classification of peace officers.

    2.  The study must include, without limitation, an investigation of the distinctions made in classifying peace officers on the basis of criteria such as jurisdiction, powers, duties and training.

    3.  The Legislative Commission shall submit a report of the results of the study and any recommendations for legislation to the 73rd Session of the Nevada Legislature.

    4.  Any recommended legislation proposed by the committee appointed pursuant to subsection 1 must be approved by a majority of the members of the Senate and a majority of the members of the Assembly appointed to the committee.

    Sec. 2.  There is hereby appropriated from the State General Fund to the Legislative Fund created by NRS 218.085 the sum of $10,000 for allocation by the Legislative Commission to pay for consulting services to assist the committee in carrying out the interim study.”.

    Amend the title of the bill to read as follows:

    “AN ACT relating to peace officers; directing the Legislative Commission to conduct an interim study concerning the classification of peace officers.”.

    Amend the summary of the bill to read as follows:

    “SUMMARY—Directs the Legislative Commission to conduct interim study concerning classification of peace officers. (BDR S‑2)”.

    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. 196.

    Bill read second time.

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

    Amendment No. 55.

    Amend the bill as a whole by deleting sections 1 through 7, renumbering sections 8 through 10 as sections 9 through 11 and adding new sections designated sections 1 through 8, following the enacting clause, to read as follows:

    “Section 1.  Chapter 278 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive of this act.

    Sec. 2.  As used in sections 2 to 8, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 and 4 of this act have the meanings ascribed to them in those sections.

    Sec. 3.  “Nonresidential construction project” means construction other than construction of residential dwelling units or an apartment house or the development of mobile home lots for which a residential construction tax may be imposed pursuant to NRS 278.497 to 278.4987, inclusive. The term does not include any construction by a governmental agency.

    Sec. 4.  “Regional park” means a site exceeding 50 acres, which is designed to serve the outdoor needs of persons who live or work in the region in which it is located.

    Sec. 5.  1.  In a county whose population is 400,000 or more, the governing body of the county or a city in the county may, by ordinance, require that a developer of land for a nonresidential construction project dedicate such land areas, sites and locations for a regional park as are reasonably necessary to serve the people who live or work in the region of the city or county in which the nonresidential construction project is located.

2.  The ordinance adopted pursuant to subsection 1 must, insofar as practicable, conform to the recreation plan in the master plan of the city or county.

3.  The ordinance adopted pursuant to subsection 1 must contain standards for determining the amount, quality and location of land that is required to be dedicated which must be based upon the number and type of nonresidential construction projects included in each development and give due consideration to the relative desirability and market value of the land that may be included within the area of any particular proposed development.

4.  The ordinance adopted pursuant to subsection 1 must, without limiting the general powers conferred in this chapter, include the following:

(a) Provisions for the creation, in accordance with the applicable master plan, of park districts or service areas which would serve regions within the city or county.

(b) A delegation of authority to designated departments or agencies of the city or county to select the location of the land areas to be dedicated for regional parks. The land to be dedicated for regional parks must be within the park district or service area created pursuant to paragraph (a) in which the nonresidential construction projects are located.

(c) A provision limiting the amount of land required to be dedicated to an amount of land having a fair market value, determined by independent appraisal, which does not exceed the amount of any nonresidential construction tax which would otherwise have been collected pursuant to section 7 of this act.

(d) A provision for the transfer of title to the dedicated land upon the issuance of building permits and the construction of the first unit of the development from which the land was dedicated.

    Sec. 6.  1.  If the land area dedicated by any developer pursuant to section 5 of this act exceeds a proportionate contribution to the total regional park site, taking into consideration the total persons who live or work in the park districts or service areas which serve regions within the city or county reasonably expected to benefit from the regional park, the developer making the dedication must be compensated at fair market value for the excess value contributed.

2.  When 25 percent of the residential construction project from which the land was dedicated is constructed, the local governing body or agency to which the dedicated land is conveyed shall provide for planning, public hearings and the adoption of a plan for development of the site, a schedule of that development and a plan for financing which includes operational and maintenance costs of the regional park.

3.  If a regional park has not been developed on the land dedicated for that purpose within 5 years after the date on which 75 percent of the nonresidential construction project first became occupied, title to the land reverts to the owners of the nonresidential construction project at the time of the reversion on a pro rata basis.

    Sec. 7.  1.  In a county whose population is 400,000 or more, the governing body of the county and any city in the county which has adopted a master plan and recreation plan, as provided in this chapter, which includes, as a part of the plan, future or present sites for regional parks may, by ordinance, impose a nonresidential construction tax pursuant to this section.

2.  If imposed, the nonresidential construction tax must be imposed on the privilege of constructing nonresidential construction projects in the city or county, as applicable. The rate of the tax must not exceed 1 percent of the valuation of each building permit issued or $20,000 per nonresidential construction project, whichever is less. For the purpose of calculating the nonresidential construction tax pursuant to this subsection, the governing body shall adopt an ordinance basing the valuation of building permits on the actual costs of nonresidential construction projects in the area.

3.  The purpose of the tax imposed pursuant to this section is to raise revenue to enable the cities and counties to provide regional parks and facilities for such parks which benefit persons who live or work in the park districts or service areas which serve regions within the city or county.

4.  An ordinance enacted pursuant to subsection 1 must establish the procedures for collecting the tax, set its rate, and determine the purposes for which the tax is to be used, subject to the restrictions and standards provided in this chapter. The ordinance must, without limiting the general powers conferred in this chapter, also include:

(a) Provisions for the creation, in accordance with the applicable master plan, of park districts or service areas which would serve regions within the city or county.

(b) A provision for collecting the tax at the time of issuance of a building permit for the construction of a nonresidential construction project.

5.  All nonresidential construction taxes collected pursuant to the provisions of this section and any ordinance enacted by a governing body and all interest accrued on the money must be placed with the city treasurer or county treasurer in a special fund. Except as otherwise provided in subsection 6, the money in the fund that is collected pursuant to subsection 2 may only be:

(a) Used for the acquisition, improvement and expansion of regional parks or the installation of facilities in existing regional parks in the city or county.

(b) Expended for the benefit of the park district or service area from which it was collected.

6.  If a regional park has not been developed or facilities have not been installed in an existing regional park within 5 years after the date on which 75 percent of the nonresidential construction project first became occupied, all money paid by the developer pursuant to subsection 2, together with interest at the rate at which the city or county has invested the money in the fund, must be refunded to the owners of the nonresidential construction project on a pro rata basis.

7.  The limitation of time established pursuant to subsection 6 is suspended for any period, not to exceed 1 year, during which this state or the Federal Government takes any action to protect the environment or an endangered species which prohibits, stops or delays the development of a regional park or installation of facilities in existing regional parks.

8.  As used in this section, “facilities” means turf, trees, irrigation systems, playground apparatus, playing fields, areas to be used for organized amateur sports, play areas, picnic areas, horseshoe pits and other recreational equipment or appurtenances designed to serve the persons who use the regional park in which the facilities are located.

    Sec. 8.  1.  The requirement for dedication of land pursuant to section 5 of this act and the imposition of a nonresidential construction tax pursuant to section 7 of this act are mutually exclusive as to any particular nonresidential construction project which may be benefited or affected by any such requirement or imposition.

2.  Any governing body determining to provide a regional park pursuant to sections 2 to 8, inclusive, of this act must elect, for any one period, to follow only one of the procedures provided in these sections.”.

    Amend sec. 8, page 6, line 43, by deleting “[residential]” and inserting “residential”.

    Amend sec. 8, page 7, line 3, by deleting “or” and inserting “[or]”.

    Amend sec. 8, page 7, line 4, after “(c)” by inserting: “Pay a nonresidential construction tax pursuant to section 7 of this act;

(d) Dedicate land pursuant to section 5 of this act or otherwise dedicate or improve land, or both, for use as a regional park; or

(e)”.

    Amend sec. 8, page 7, line 7, by deleting: “[residential] construction tax” and inserting: “residential construction tax or nonresidential construction tax”.

    Amend sec. 9, page 7, line 23, by deleting “[residential]” and inserting “residential”.

    Amend sec. 9, page 7, line 24, after “278.4983,” by inserting: “nonresidential construction tax imposed pursuant to section 7 of this act,”.

    Amend the title of the bill, second line, after “governments” by inserting:

“in larger counties”.

    Amend the summary of the bill to read as follows:

    “SUMMARY—Authorizes certain local governments in larger counties to require dedication of certain land or impose tax on nonresidential construction projects for regional parks. (BDR 22‑653)”.

    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. 356.

    Bill read second time.

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

    Amendment No. 421.

    Amend section 1, pages 1 and 2, by deleting lines 3 through 8 on page 1 and lines 1 through 16 on page 2, and inserting: “Labor Commissioner shall, in accordance with federal law, establish by regulation the minimum wage which may be paid to employees in private employment within the State. The Labor Commissioner shall prescribe increases in the minimum wage in accordance with those prescribed by federal law, unless he determines that those increases are contrary to the public interest.

    2.  The Labor Commissioner may, on July 1, 2005, and each July 1 thereafter, prescribe by regulation increases in the minimum wage equal to the percentage increase, if any, in the Consumer Price Index (All Items) for the year ending on December 31 immediately preceding the fiscal year for which the increase is calculated.”.

    Amend the bill as a whole by adding new sections designated sections 2.5 and 2.7, following sec. 2, to read as follows:

    “Sec. 2.5.  Chapter 231 of NRS is hereby amended by adding a new section to read as follows:

To determine the efficacy of tax incentives and other incentives with respect to the creation of jobs within this state that pay livable wages, as determined pursuant to subsection 4 of section 3 of this act, the Commission on Economic Development shall, on or before January 31 of each year:

1.  Identify each business, company or corporation that has received an incentive, including, without limitation, a tax abatement, to relocate within this state or to expand its operations within this state; and

2.  Calculate the number of jobs created within this state by each of the businesses, companies and corporations that received the incentives described in subsection 1. The calculations required pursuant to this paragraph must include or be accompanied by an assessment of:

(a) The average wage of nonmanagerial employees paid by the applicable business, company or corporation that received the incentive;

(b) The health care benefits offered to nonmanagerial employees by the applicable business, company or corporation that received the incentive; and

(c) The particular type of incentive and amount of incentive received by the applicable business, company or corporation.

    Sec. 2.7.  NRS 231.020 is hereby amended to read as follows:

    231.020  As used in NRS 231.020 to 231.139, inclusive, and section 2.5 of this act, unless the context otherwise requires, “motion pictures” includes feature films, movies made for broadcast on television and programs made for broadcast on television in episodes.”.

    Amend sec. 3, page 3, line 5, by deleting: “budgets for five” and inserting:

“budgets, based upon acceptable self-sufficiency standards, for six”.

    Amend sec. 3, page 3, line 7, by deleting “household” and inserting “family unit”.

    Amend sec. 3, page 3, between lines 7 and 8, by inserting:

    “(b) A family unit consisting of two adult persons;”.

    Amend sec. 3, page 3, line 8, by deleting:

    “(b) A household” and inserting:

    “(c) A family unit”.

    Amend sec. 3, page 3, line 9, by deleting:

    “(c) A household” and inserting:

    “(d) A family unit”.

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

    “(d) A household” and inserting:

    “(e) A family unit”.

    Amend sec. 3, page 3, line 11, by deleting:

    “(e) A household” and inserting:

    “(f) A family unit”.

    Amend sec. 3, page 3, by deleting lines 12 through 33.

    Amend sec. 3, page 3, line 34, by deleting “3.” and inserting “2.”.

    Amend sec. 3, page 3, line 42, after “spending;” by inserting “and”.

    Amend sec. 3, page 3, lines 43 and 44, by deleting: “Savings and investment; and

(h)”.

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

    Amend sec. 3, page 4, line 7, by deleting “5.” and inserting “4.”.

    Amend sec. 3, page 4, between lines 9 and 10, by inserting:

    “5.  As used in this section, “livable wage” means a wage sufficient to support a family unit without public assistance based upon an acceptable self-sufficiency standard.”.

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

    “Sec. 5.  (Deleted by amendment.)”.

    Amend sec. 7, page 9, line 38, by deleting “health permits” and inserting:

“business licenses by a political subdivision of this state”.

    Amend sec. 8, page 10, by deleting line 2 and inserting: “business license issued by a political subdivision of this state,”.

    Amend sec. 8, page 10, line 7, by deleting “health authority” and inserting “political subdivision”.

    Amend sec. 8, page 11, lines 12 and 14, by deleting “health authority” and inserting “political subdivision”.

    Amend sec. 8, page 11, line 19, by deleting “or”.

    Amend sec. 8, page 11, line 21, by deleting “month.” and inserting: “month; or

(3) Is a courtesy clerk.”.

    Amend the bill as a whole by deleting sections 9 and 10 and adding:

    “Secs. 9. and 10.  (Deleted by amendment.)”.

    Amend sec. 11, pages 12 and 13, by deleting lines 43 and 44 on page 12 and lines 1 and 2 on page 13, and inserting:

    “Sec. 11.  This act becomes effective on July 1, 2003.”.

    Amend the title of the bill to read as follows:

    “AN ACT relating to labor; authorizing the Labor Commissioner to prescribe certain increases to the minimum wage under certain circumstances; requiring the Department of Employment, Training and Rehabilitation to perform certain calculations with respect to the cost of living for working families within the State; requiring the Commission on Economic Development to determine the efficacy of certain tax incentives and other incentives with respect to the creation of jobs within this state that pay livable wages; imposing certain requirements relating to the provision of family health care to the employees and dependents of certain larger grocery stores; providing a penalty; and providing other matters properly relating thereto.”.

    Assemblyman Goldwater moved the adoption of the amendment.

    Remarks by Assemblyman Goldwater.

    Amendment adopted.

    Bill ordered reprinted, engrossed, and to third reading.

    Assembly Bill No. 403.

    Bill read second time.

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

    Amendment No. 146.

    Amend section 1, page 2, line 32, by deleting “and” and inserting “[and]”.

    Amend section 1, page 2, after “(d)” by inserting:

“Any prolonged period in which precipitation in the basin where the water right is located is below the average for that basin or in which indices that measure soil moisture show that a deficit in soil moisture has occurred in that basin; and

(e)”.

    Amend section 1, page 3, by deleting lines 4 through 9.

    Amend section 1, page 3, line 10, by deleting “5.” and inserting “4.”.

    Amend the title of the bill to read as follows:

    “AN ACT relating to water; revising the circumstances that the State Engineer is required to consider in determining whether to grant or deny a request to extend the time necessary to work a forfeiture of certain water rights; 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. 454.

    Bill read second time.

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

    Amendment No. 516.

    Amend section 1, page 1, line 11, after “premiums;” by deleting “and”.

    Amend section 1, page 1, line 13, by deleting “governments.” and inserting: “governments; and

    (c) The effectiveness of the methods used by the program to negotiate for services and to award contracts in order to determine whether:

        (1) The resulting program benefits are comparable to those obtained by other benefit plans of similar size; and

        (2) Changes in those methods are warranted to ensure that the methods used result in securing high quality services delivered at the best price.”.

    Amend section 1, page 2, lines 2 and 3, by deleting: “February 7, 2005.” and inserting: “November 1, 2004.”.

    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 Goldwater moved that Assembly Bill No. 453 be taken from the Second Reading File and placed on the Chief Clerk's desk.

    Remarks by Assemblyman Goldwater.

    Motion carried.

SECOND READING AND AMENDMENT

    Assembly Bill No. 489.

    Bill read second time.

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

    Amendment No. 430.

    Amend sec. 3, pages 2 and 3, by deleting lines 29 through 45 on page 2 and lines 1 and 2 on page 3, and inserting:

    “Sec. 3.  1.  The Committee on Dental Hygiene is hereby created.

2.  The Committee consists of:

(a) The members of the Board who are dental hygienists; and

(b) One dentist who is a member of the Board and who has supervised a dental hygienist for at least 3 years immediately preceding his appointment to the Committee by the Board.

3.  The Committee:

(a) May accept recommendations from dental hygienists, dentists and the general public and may meet to review such recommendations.

(b) May make recommendations to the Board concerning:

(1) The practice of dental hygiene; and

(2) The licensing of dental hygienists, including, without limitation, requirements relating to the education, examination and discipline of dental hygienists.

(c) Shall carry out any duties the Board may assign to the Committee.”.

    Amend sec. 4, page 3, lines 4 and 5, by deleting “hygiene professional” and inserting “hygienist”.

    Amend sec. 5, page 3, by deleting lines 8 through 31 and inserting:

    “631.030  “Dental hygiene” means the performance of educational, preventive and therapeutic periodontal treatment including scaling, curettage and planing of roots and any related and required intraoral or extraoral procedures that a dentist is authorized to assign to a dental hygienist . [he employs.]”.

    Amend sec. 6, page 3, by deleting lines 33 and 34 and inserting:

    “631.040  “Dental hygienist” means any person who practices the profession of dental hygiene [.] and is licensed pursuant to”.

    Amend sec. 8, page 4, lines 8 and 9, by deleting: “[hygienists] hygiene professionals” and inserting “hygienists”.

    Amend sec. 9, page 4, line 23, by deleting: “[hygienists] hygiene professionals” and inserting “hygienists”.

    Amend sec. 10, page 4, line 43, by deleting “hygiene professionals.” and inserting “hygienists.”.

    Amend the bill as a whole by deleting sections 11 through 13 and adding:

    “Secs. 11-13.  (Deleted by amendment.)”.

    Amend the bill as a whole by deleting sections 15 through 30 and adding:

    “Secs. 15-30.  (Deleted by amendment.)”.

    Amend sec. 33, page 23, line 6, by deleting “hygiene professional” and inserting “hygienist”.

    Amend the title of the bill to read as follows:

    “AN ACT relating to dental hygiene; authorizing the issuance of a temporary license to practice dental hygiene; creating the Committee on Dental Hygiene; prescribing the powers and duties of the Committee; expanding the definition of the term “dental hygiene”; and providing other matters properly relating thereto.”.

    Assemblyman Goldwater moved the adoption of the amendment.

    Remarks by Assemblyman Goldwater.

    Amendment adopted.

    Bill ordered reprinted, engrossed, and to third reading.

general file and third reading

    Assembly Bill No. 420.

    Bill read third time.

    The following amendment was proposed by Assemblywomen Buckley and Weber:

    Amendment No. 487.

    Amend the bill as a whole by deleting sections 1 and 2 and renumbering sec. 3 as section 1.

    Amend sec. 3, page 2, by deleting line 7 and inserting:

    “Section 1.  Chapter 647 of NRS is hereby amended by adding thereto a new section to read as follows:

1.  A peace officer or investigator who is involved in”.

    Amend the bill as a whole by deleting sec. 4 and renumbering sections 5 through 8 as sections 2 through 5.

    Amend sec. 5, page 3, by deleting lines 11 through 14.

    Amend sec. 7, page 4, line 26, by deleting “felony.” and inserting: “felony involving moral turpitude or related to the qualifications, functions or duties of a secondhand dealer.”.

    Amend sec. 8, page 5, line 20, by deleting “felony.” and inserting: “felony involving moral turpitude or related to the qualifications, functions or duties of a secondhand dealer.”.

    Assemblywoman Weber moved the adoption of the amendment.

    Remarks by Assemblywoman Weber.

    Amendment adopted.

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

    Assembly Bill No. 3.

    Bill read third time.

    Remarks by Assemblymen Gibbons and Manendo.

    Roll call on Assembly Bill No. 3:

    Yeas—41.

    Nays—None.

    Excused—Ohrenschall.

    Assembly Bill No. 3 having received a constitutional majority,
Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 122.

    Bill read third time.

    Remarks by Assemblywoman Giunchigliani.

    Roll call on Assembly Bill No. 122:

    Yeas—41.

    Nays—None.

    Excused—Ohrenschall.

    Assembly Bill No. 122 having received a constitutional majority,
Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 156.

    Bill read third time.

    Remarks by Assemblyman Mabey.

    Roll call on Assembly Bill No. 156:

    Yeas—41.

    Nays—None.

    Excused—Ohrenschall.

    Assembly Bill No. 156 having received a constitutional majority,
Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 192.

    Bill read third time.

    Remarks by Assemblywoman Chowning.

    Roll call on Assembly Bill No. 192:

    Yeas—40.

    Nays—Giunchigliani.

    Excused—Ohrenschall.

    Assembly Bill No. 192 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 234.

    Bill read third time.

    Remarks by Assemblymen Manendo, Angle, and Giunchigliani.

    Roll call on Assembly Bill No. 234:

    Yeas—35.

    Nays—Angle, Beers, Gustavson, Hettrick, Knecht, Sherer—6.

    Excused—Ohrenschall.

    Assembly Bill No. 234 having received a constitutional majority,
Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 245.

    Bill read third time.

    Remarks by Assemblyman Collins.

    Roll call on Assembly Bill No. 245:

    Yeas—41.

    Nays—None.

    Excused—Ohrenschall.

    Assembly Bill No. 245 having received a constitutional majority,
Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 256.

    Bill read third time.

    Remarks by Assemblywoman Chowning.

    Roll call on Assembly Bill No. 256:

    Yeas—41.

    Nays—None.

    Excused—Ohrenschall.

    Assembly Bill No. 256 having received a constitutional majority,
Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 262.

    Bill read third time.

    Remarks by Assemblymen Collins and Manendo.

    Roll call on Assembly Bill No. 262:

    Yeas—41.

    Nays—None.

    Excused—Ohrenschall.

    Assembly Bill No. 262 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 274.

    Bill read third time.

    Remarks by Assemblyman Goldwater.

    Roll call on Assembly Bill No. 274:

    Yeas—41.

    Nays—None.

    Excused—Ohrenschall.

    Assembly Bill No. 274 having received a constitutional majority,
Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 285.

    Bill read third time.

    Remarks by Assemblywoman Giunchigliani.

    Roll call on Assembly Bill No. 285:

    Yeas—41.

    Nays—None.

    Excused—Ohrenschall.

    Assembly Bill No. 285 having received a constitutional majority,
Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 346.

    Bill read third time.

    Remarks by Assemblyman Carpenter.

    Roll call on Assembly Bill No. 346:

    Yeas—41.

    Nays—None.

    Excused—Ohrenschall.

    Assembly Bill No. 346 having received a constitutional majority,
Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 378.

    Bill read third time.

    Remarks by Assemblywoman Leslie.

    Roll call on Assembly Bill No. 378:

    Yeas—41.

    Nays—None.

    Excused—Ohrenschall.

    Assembly Bill No. 378 having received a constitutional majority,
Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 395.

    Bill read third time.

    Remarks by Assemblyman Goldwater.

    Roll call on Assembly Bill No. 395:

    Yeas—41.

    Nays—None.

    Excused—Ohrenschall.

    Assembly Bill No. 395 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblyman Anderson moved that Assembly Bill No. 29 be taken from the Chief Clerk's desk and placed on the General File.

    Remarks by Assemblyman Anderson.

    Motion carried.

    Assemblyman Parks moved that Senate Bill No. 334 be taken from the General File and placed on the Chief Clerk's desk.

    Motion carried.

general file and third reading

    Assembly Bill No. 445.

    Bill read third time.

    Remarks by Assemblywoman Leslie.

    Roll call on Assembly Bill No. 445:

    Yeas—41.

    Nays—None.

    Excused—Ohrenschall.

    Assembly Bill No. 445 having received a constitutional majority,
Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 458.

    Bill read third time.

    Remarks by Assemblyman McCleary.

    Roll call on Assembly Bill No. 458:

    Yeas—41.

    Nays—None.

    Excused—Ohrenschall.

    Assembly Bill No. 458 having received a constitutional majority,
Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 507.

    Bill read third time.

    Remarks by Assemblyman Williams.

    Roll call on Assembly Bill No. 507:

    Yeas—41.

    Nays—None.

    Excused—Ohrenschall.

    Assembly Bill No. 507 having received a constitutional majority,
Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 536.

    Bill read third time.

    Remarks by Assemblyman Anderson.

    Roll call on Assembly Bill No. 536:

    Yeas—41.

    Nays—None.

    Excused—Ohrenschall.

    Assembly Bill No. 536 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 417.

    Bill read third time.

    Remarks by Assemblyman Arberry.

    Roll call on Senate Bill No. 417:

    Yeas—41.

    Nays—None.

    Excused—Ohrenschall.

    Senate Bill No. 417 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 323.

    Bill read third time.

    Remarks by Assemblywoman McClain.

    Roll call on Assembly Bill No. 323:

    Yeas—41.

    Nays—None.

    Excused—Ohrenschall.

    Assembly Bill No. 323 having received a constitutional majority,
Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

SECOND READING AND AMENDMENT

    Assembly Bill No. 29.

    Bill read second time.

    The following amendment was proposed by the Committee on Judiciary:

    Amendment No. 520.

    Amend section 1, page 1, line 10, by deleting “$15” and inserting “$5”.

    Amend section 1 page 1, line 13, after “assessment.” by inserting: “If a defendant is sentenced to perform community service in lieu of a fine, the sentence must include the administrative assessment required pursuant to this subsection.”.

    Amend section 1, page 2, line 9, after “bail.” by inserting: “If bail is forfeited, the administrative assessment included in the bail pursuant to this subsection must be disbursed pursuant to subsection 6 or 7.”.

    Amend section 1, pages 2 and 3, by deleting lines 34 through 44 on page 2 and lines 1 through 16 on page 3, and inserting: “the 15th day of that month, the city treasurer shall deposit the money received for each administrative assessment with the State Controller for credit to a special account in the State General Fund administered by the Office of Court Administrator.”.

    Amend section 1, pages 3 and 4, by deleting lines 21 through 45 on page 3 and lines 1 through 3 on page 4, and inserting: “county treasurer shall deposit the money received for each administrative assessment with the State Controller for credit to a special account in the State General Fund administered by the Office of Court Administrator.

8.  The Office of Court Administrator shall allocate the money credited to the State General Fund pursuant to subsections 6 and 7 to courts to assist with the funding or establishment of specialty court programs.

9.  Money that is apportioned to a court from”.

    Amend section 1, page 4, line 11, after “(2)” by inserting: “Providing for personnel to staff and oversee the specialty court program;

(3)”.

    Amend section 1, page 4, line 12, by deleting “(3)” and inserting “(4)”.

    Amend section 1, page 4, line 14, by deleting “(4)” and inserting “(5)”.

    Amend section 1, page 4, line 15, by deleting “(5)” and inserting “(6)”.

    Amend section 1, page 4, line 17, by deleting “(6)” and inserting “(7)”.

    Amend section 1, page 4, by deleting lines 18 and 19 and inserting:

    “10.  As used in this section:

(a) “Office of Court Administrator” means the Office of Court Administrator created pursuant to NRS 1.320; and

(b) “Specialty court program” means a program established by a court to facilitate testing”.

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

    “Sec. 2.  NRS 176.059 is hereby amended to read as follows:

    176.059  1.  Except as otherwise provided in subsection 2, when a defendant pleads guilty or guilty but mentally ill or is found guilty of a misdemeanor, including the violation of any municipal ordinance, the justice or judge shall include in the sentence the sum prescribed by the following schedule as an administrative assessment and render a judgment against the defendant for the assessment:

    Fine    Assessment

$5 to $49    [$15] $25

50 to 59  [30] 40

60 to 69  [35] 45

70 to 79  [40] 50

80 to 89  [45] 55

90 to 99  [50] 60

100 to 199  [60] 70

200 to 299  [70] 80

300 to 399  [80] 90

400 to 499  [90] 100

500 to 1,000   [105] 115

If the justice or judge sentences the defendant to perform community service in lieu of a fine, the justice or judge shall include in the sentence the amount of the administrative assessment that corresponds with the fine for which the defendant would have been responsible as prescribed by the schedule in this subsection.

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

    (a) An ordinance regulating metered parking; or

    (b) An ordinance which is specifically designated as imposing a civil penalty or liability pursuant to NRS 244.3575 or 268.019.

    3.  The money collected for an administrative assessment must not be deducted from the fine imposed by the justice or judge but must be taxed against the defendant in addition to the fine. The money collected for an administrative assessment must be stated separately on the court’s docket and must be included in the amount posted for bail. If bail is forfeited, the administrative assessment included in the amount posted for bail pursuant to this subsection must be disbursed in the manner set forth in subsection 5 or 6. If the defendant is found not guilty or the charges are dismissed, the money deposited with the court must be returned to the defendant. If the justice or judge cancels a fine because the fine has been determined to be uncollectible, any balance of the fine and the administrative assessment remaining unpaid shall be deemed to be uncollectible and the defendant is not required to pay it. If a fine is determined to be uncollectible, the defendant is not entitled to a refund of the fine or administrative assessment he has paid and the justice or judge shall not recalculate the administrative assessment.

    4.  If the justice or judge permits the fine and administrative assessment to be paid in installments, the payments must be first applied to the unpaid balance of the administrative assessment. The city treasurer shall distribute partially collected administrative assessments in accordance with the requirements of subsection 5. The county treasurer shall distribute partially collected administrative assessments in accordance with the requirements of subsection 6.

    5.  The money collected for administrative assessments in municipal court must be paid by the clerk of the court to the city treasurer on or before the fifth day of each month for the preceding month. The city treasurer shall distribute, on or before the 15th day of that month, the money received in the following amounts for each assessment received:

    (a) Two dollars to the county treasurer for credit to a special account in the county general fund for the use of the county’s juvenile court or for services to juvenile offenders. Any money remaining in the special account after 2 fiscal years must be deposited in the county general fund if it has not been committed for expenditure. The county treasurer shall provide, upon request by a juvenile court, monthly reports of the revenue credited to and expenditures made from the special account.

    (b) Seven dollars for credit to a special revenue fund for the use of the municipal courts. Any money remaining in the special revenue fund after
 fiscal years must be deposited in the municipal general fund if it has not been committed for expenditure. The city treasurer shall provide, upon request by a municipal court, monthly reports of the revenue credited to and expenditures made from the special revenue fund.

    (c) The remainder of each assessment to the State Controller for credit to a special account in the State General Fund.

    6.  The money collected for administrative assessments in justices’ courts must be paid by the clerk of the court to the county treasurer on or before the fifth day of each month for the preceding month. The county treasurer shall distribute, on or before the 15th day of that month, the money received in the following amounts for each assessment received:

    (a) Two dollars for credit to a special account in the county general fund for the use of the county’s juvenile court or for services to juvenile offenders. Any money remaining in the special account after 2 fiscal years must be deposited in the county general fund if it has not been committed for expenditure. The county treasurer shall provide, upon request by a juvenile court, monthly reports of the revenue credited to and expenditures made from the special account.

    (b) Seven dollars for credit to a special revenue fund for the use of the justices’ courts. Any money remaining in the special revenue fund after
2 fiscal years must be deposited in the county general fund if it has not been committed for expenditure. The county treasurer shall provide, upon request by a justice’s court, monthly reports of the revenue credited to and expenditures made from the special revenue fund.

    (c) The remainder of each assessment to the State Controller for credit to a special account in the State General Fund.

    7.  The money apportioned to a juvenile court, a justice’s court or a municipal court pursuant to this section must be used, in addition to providing services to juvenile offenders in the juvenile court, to improve the operations of the court, or to acquire appropriate advanced technology or the use of such technology, or both. Money used to improve the operations of the court may include expenditures for:

    (a) Training and education of personnel;

    (b) Acquisition of capital goods;

    (c) Management and operational studies; or

    (d) Audits.

    8.  Of the total amount deposited in the State General Fund pursuant to subsections 5 and 6, the State Controller shall distribute the money received to the following public agencies in the following manner:

    (a) Not less than 51 percent to the Office of [the] Court Administrator for allocation as follows:

        (1) Eighteen and one‑half percent of the amount distributed to the Office of [the] Court Administrator for the administration of the courts.

        (2) Nine percent of the amount distributed to the Office of [the] Court Administrator for the development of a uniform system for judicial records.

        (3) Nine percent of the amount distributed to the Office of [the] Court Administrator for continuing judicial education.

        (4) Sixty percent of the amount distributed to the Office of [the] Court Administrator for the Supreme Court.

        (5) Three and one-half percent of the amount distributed to the Office of [the] Court Administrator for the payment for the services of retired justices and retired district judges.

    (b) Not more than 49 percent must be used to the extent of legislative authorization for the support of:

        (1) The Central Repository for Nevada Records of Criminal History;

        (2) The Peace Officers’ Standards and Training Commission;

        (3) The operation by the Nevada Highway Patrol of a computerized switching system for information related to law enforcement;

        (4) The Fund for the Compensation of Victims of Crime; and

        (5) The Advisory Council for Prosecuting Attorneys.

    9.  As used in this section [, “juvenile] :

(a) “Juvenile court” means:

[(a)] (1) In any judicial district that includes a county whose population is 100,000 or more, the family division of the district court; or

[(b)] (2) In any other judicial district, the juvenile division of the district court.

(b) “Office of Court Administrator” means the Office of Court Administrator created pursuant to NRS 1.320.”.

    Amend sec. 2, page 4, line 40, after “assessment” by inserting: “If the justice or judge sentences the defendant to perform community service in lieu of a fine, the justice or judge shall include in the sentence the administrative assessment required pursuant to this subsection.”.

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

    “Sec. 4.  NRS 178.502 is hereby amended to read as follows:

    178.502  1.  A person required or permitted to give bail shall execute a bond for his appearance. The magistrate or court or judge or justice, having regard to the considerations set forth in NRS 178.498, may require one or more sureties or may authorize the acceptance of cash or bonds or notes of the United States in an amount equal to or less than the face amount of the bond.

    2.  Any bond or undertaking for bail must provide that the bond or undertaking [extends, for a period of at least 1 year unless bail is exonerated earlier pursuant to the provisions of subsection 4,] :

(a) Extends to any action or proceeding in a justice’s court, municipal court or district court:

[(a)] (1) Arising from the charge on which bail was first given in any of these courts; and

[(b)] (2) Arising from a later charge, filed before the expiration of the periods provided in subsection 4, which is substantially similar to the charge upon which bail was first given and is based upon the same act or omission as that charge [.] ; and

(b) Remains in effect until exonerated by the court.

This subsection does not require that any bond or undertaking extend to proceedings on appeal.

    3.  If an action or proceeding against a defendant who has been admitted to bail is transferred to another trial court, the bond or undertaking must be transferred to the clerk of the court to which the action or proceeding has been transferred.

    4.  If the action or proceeding against a defendant who has been admitted to bail is dismissed, the bail must not be exonerated until a period of 30 days has elapsed from the entry of the order of dismissal unless the defendant requests that bail be exonerated before the expiration of the 30-day period. If no formal action or proceeding is instituted against a defendant who has been admitted to bail, the bail must not be exonerated until a period of 30 days has elapsed from the day the bond or undertaking is posted unless the defendant requests that bail be exonerated before the expiration of the 30-day period.

    5.  If, within the periods provided in subsection 4, the defendant is charged with a public offense arising out of the same act or omission supporting the charge upon which bail was first given, the prosecuting attorney shall forthwith notify the clerk of the court where the bond was posted, the bail must be applied to the public offense later charged, and the bond or undertaking must be transferred to the clerk of the appropriate court. Within 10 days after its receipt, the clerk of the court to whom the bail is transferred shall mail notice of the transfer to the surety on the bond and the bail agent who executed the bond.

    6.  Bail given originally on appeal must be deposited with the magistrate or the clerk of the court from which the appeal is taken.

    Sec. 5.  NRS 178.508 is hereby amended to read as follows:

    178.508  1.  If the defendant fails to appear when his presence in court is lawfully required for the commission of a misdemeanor and the failure to appear is not excused or is lawfully required for the commission of a gross misdemeanor or felony, the court shall:

    (a) Enter upon its minutes that the defendant failed to appear;

    (b) Not later than 45 days after the date on which the defendant failed to appear, order the issuance of a warrant for the arrest of the defendant; and

    (c) If the undertaking exceeds $50 or money deposited instead of bail bond exceeds $500, direct that each surety and the local agent of each surety, or the depositor if he is not the defendant, be given notice that the defendant has failed to appear, by certified mail within 20 days after the date on which the defendant failed to appear. The court shall execute an affidavit of such mailing to be kept as an official public record of the court and shall direct that a copy of the notice be transmitted to the prosecuting attorney at the same time that notice is given to each surety or the depositor.

    2.  Except as otherwise provided in subsection 3 and NRS 178.509, [the] an order of forfeiture of any undertaking or money deposited instead of bail bond must be prepared by the clerk of court and signed by the court. An order of forfeiture must include the date on which the forfeiture becomes effective. If the defendant who failed to appear has been charged with the commission of a gross misdemeanor or felony, a copy of the order must be forwarded to the Office of Court Administrator. The undertaking or money deposited instead of bail bond is forfeited 180 days after the date on which the notice is mailed pursuant to subsection 1.

    3.  The court may extend the date of the forfeiture for any reasonable period set by the court if the surety or depositor submits to the court:

    (a) An application for an extension and the court determines that the surety or the depositor is making reasonable and ongoing efforts to bring the defendant before the court.

    (b) An application for an extension on the ground that the defendant is temporarily prevented from appearing before the court because the defendant:

        (1) Is ill;

        (2) Is insane; or

        (3) Is being detained by civil or military authorities, and the court, upon hearing the matter, determines that one or more of the grounds described in this paragraph exist and that the surety or depositor did not in any way cause or aid the absence of the defendant.

    Sec. 6.  NRS 178.512 is hereby amended to read as follows:

    178.512  1.  The court shall not set aside a forfeiture unless:

[1.] (a) The surety submits an application to set it aside on the ground that the defendant:

[(a)] (1) Has appeared before the court since the date of the forfeiture and has presented a satisfactory excuse for his absence;

[(b)] (2) Was dead before the date of the forfeiture but the surety did not know and could not reasonably have known of his death before that date;

[(c)] (3) Was unable to appear before the court before the date of the forfeiture because of his illness or his insanity, but the surety did not know and could not reasonably have known of his illness or insanity before that date;

[(d)] (4) Was unable to appear before the court before the date of the forfeiture because he was being detained by civil or military authorities, but the surety did not know and could not reasonably have known of his detention before that date; or

[(e)] (5) Was unable to appear before the court before the date of the forfeiture because he was deported, but the surety did not know and could not reasonably have known of his deportation before that date,

and the court, upon hearing the matter, determines that one or more of the grounds described in this subsection exist and that the surety did not in any way cause or aid the absence of the defendant; and

[2.] (b) The court determines that justice does not require the enforcement of the forfeiture.

2.  If the court sets aside a forfeiture pursuant to subsection 1 and the forfeiture includes any undertaking or money deposited instead of bail bond where the defendant has been charged with a gross misdemeanor or felony, the court shall make a written finding in support of setting aside the forfeiture. The court shall mail a copy of the order setting aside the forfeiture to the Office of Court Administrator immediately upon entry of the order.

    Sec. 7.  NRS 178.514 is hereby amended to read as follows:

    178.514  1.  When a forfeiture has not been set aside, the court shall on motion enter a judgment of default and execution may issue thereon.

    2.  If the Office of Court Administrator has not received an order setting aside a forfeiture within 180 days after the issuance of the order, the Court Administrator shall request that the court that ordered the forfeiture institute proceedings to enter a judgment of default with respect to the amount of the undertaking or money deposited instead of bail bond with the court. Not later than 30 days after receipt of the request from the Office of Court Administrator, the court shall enter judgment by default and commence execution proceedings therein.

3.  By entering into a bond the obligors submit to the jurisdiction of the court and irrevocably appoint the clerk of the court as their agent upon whom any papers affecting their liability may be served. Their liability may be enforced on motion and such notice of the motion as the court prescribes may be served on the clerk of the court, who shall forthwith mail copies to the obligors to their last known addresses.

    Sec. 8.  NRS 178.518 is hereby amended to read as follows:

    178.518  Money collected pursuant to NRS 178.506 to 178.516, inclusive, which was collected:

    1.  From a person who was charged with a misdemeanor must be paid over to the county treasurer.

    2.  From a person who was charged with a gross misdemeanor or a felony must be paid over to the State Controller for deposit in the [Fund for the Compensation of Victims of Crime.] State General Fund for distribution in the following manner:

(a) Fifty percent for credit to the Fund for the Compensation of Victims of Crime; and

(b) Fifty percent for credit to the special account established pursuant to section 1 of this act to assist with funding and establishing specialty court programs.”.

    Amend the bill as a whole by renumbering sections 4 through 6 as sections 11 through 13 and adding a new section designated sec. 10, following sec. 3, to read as follows:

    “Sec. 10.  NRS 1.360 is hereby amended to read as follows:

    1.360  Under the direction of the Supreme Court, the Court Administrator shall:

    1.  Examine the administrative procedures employed in the offices of the judges, clerks, court reporters and employees of all courts of this state and make recommendations, through the Chief Justice, for the improvement of those procedures;

    2.  Examine the condition of the dockets of the courts and determine the need for assistance by any court;

    3.  Make recommendations to and carry out the directions of the Chief Justice relating to the assignment of district judges where district courts are in need of assistance;

    4.  Develop a uniform system for collecting and compiling statistics and other data regarding the operation of the state court system and transmit that information to the Supreme Court so that proper action may be taken in respect thereto;

    5.  Prepare and submit a budget of state appropriations necessary for the maintenance and operation of the state court system and make recommendations in respect thereto;

    6.  Develop procedures for accounting, internal auditing, procurement and disbursement for the state court system;

    7.  Collect statistical and other data and make reports relating to the expenditure of all public money for the maintenance and operation of the state court system and the offices connected therewith;

    8.  Compile statistics from the information required to be maintained by the clerks of the district courts pursuant to NRS 3.275 and make reports as to the cases filed in the district courts;

    9.  Formulate and submit to the Supreme Court recommendations of policies or proposed legislation for the improvement of the state court system;

    10.  On or before January 1 of each year, submit to the Director of the Legislative Counsel Bureau a written report compiling the information submitted to the Court Administrator pursuant to NRS 3.243, 4.175 and 5.045 during the immediately preceding fiscal year;

    11.  On or before January 1 of each odd-numbered year, submit to the Director of the Legislative Counsel Bureau a written report concerning:

(a) The distribution of money deposited in the special account created pursuant to section 1 of this act to assist with funding and establishing specialty court programs;

(b) The current status of any specialty court programs to which money from the account was allocated since the last report; and

(c) Such other related information as the Court Administrator deems appropriate;

12.  On or before February 15 of each odd-numbered year, submit to the Governor and to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature a written report compiling the information submitted by clerks of courts to the Court Administrator pursuant to NRS 630.307 and 633.533 which includes only aggregate information for statistical purposes and excludes any identifying information related to a particular person; and

[12.] 13.  Attend to such other matters as may be assigned by the Supreme Court or prescribed by law.”.

    Amend the title of the bill to read as follows:

    “AN ACT relating to criminal procedure; providing for an additional administrative assessment to be collected in cases involving a misdemeanor to pay for certain specialty court programs established by courts; increasing the amount of certain administrative assessments; providing procedures for forfeiture of any undertaking or money deposited instead of bail bond; requiring the Court Administrator to submit a report concerning certain specialty court programs; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

    “SUMMARY—Makes various changes concerning administrative assessments and forfeiture of bail. (BDR 14‑130)”.

    Assemblyman Anderson moved the adoption of the amendment.

    Remarks by Assemblyman Anderson.

    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 1:44 p.m.

ASSEMBLY IN SESSION

    At 1:47 p.m.

    Mr. Speaker presiding.

    Quorum present.

REMARKS FROM THE FLOOR

    Assemblyman Oceguera moved that the following remarks be entered in the Journal:

Assemblyman Mabey:

Thank you, Mr. Speaker. I received a call this morning from my second daughter, Rebecca. She received her driver’s permit and is quite pleased. Those in Clark County, be careful. I want her to know that I love her and I am proud of her. Thank you, Mr. Speaker.

GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR

    On request of Assemblyman Geddes, the privilege of the floor of the Assembly Chamber for this day was extended to Susan Driscoll,
Melvin Sandoval, Fred Bartlett, Troy Segmille, Scott Sigstad, Janet Long, Leroy Kisling, Dianne Wiseman, Michelle Medgyesi, Colleen Murray,
Ray Valdez, Suzie Stormon, Linda Dawson, Timothy Patton, Sigrid Kilgore, CJ Alger, Jeana Bruscher, Henry Bruyn, Colt Callaghan, Jake Churchill, Taylor Cooke, Rachel Deci, Katie Deoge, Emily Driscoll, Adrian Duke, Colton Fent, Zachariah Ford, Lance Foster, Austin Foxcroft, Jeremy Ho, Francisco Ponce, Anna Sandoval, Tarek Barghouti, Joseph Barlett,
Rachel Davis, Ellie DelChiaro, Eric Kuhn, Veronica Lopez-Estrada,
Luis Mayorga, Eric Medgyesi, Todd Morgan, Alex Murray-Watters,
Colin Murray-Watters, Steven Nieto-Sparks, Marvin Patino, David Penner, Kayla Rider, Taiana Salazar, Amanda Tipton, Jessica Verdin,
Andrew Warren, Robert Wiseman, Nyssa Bennett, Kathryn Barrett,
Juliana Bledsoe, Cesare Caldwell, Christina Cohan, Alma Contreras,
Nicole Dobson, Mystica Eller, Maria Garcia, William Hamilton,
Heather Hollinger, Alex Joslin, Bradley Kannon, Trevor Kilgore,
Chelsey Larsen, Jennifer Lee, Shyler Leon, Jonathon Long, Ashley Martinez, Leah Mazza, Noah McCorkle, Daniel Patton, Maria Perez, Wyatt Price, Martin Quesada, Sebastain Quidachay, Angela Ramirez, Bryan Redeford, Lindsy Roberts, Brittany Roeschen, Arianna Rosen, Robert Schlesinger, Austin Sigstad, Kyle Smith, Riley Tauchen, Christopher White,
Michael Williams, Max Wise, and Paul Yarborough.

    On request of Assemblyman Knecht, the privilege of the floor of the Assembly Chamber for this day was extended to Laura Pierce and
Trisha Pierce.

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

    On request of Assemblyman Perkins, the privilege of the floor of the Assembly Chamber for this day was extended to Abel Carlos.

    On request of Assemblyman Sherer, the privilege of the floor of the Assembly Chamber for this day was extended to Ed Fox.

    Assemblywoman Buckley moved that the Assembly adjourn until Monday, April 21, 2003, at 9:30 a.m.

    Motion carried.

    Assembly adjourned at 1:49 p.m. 

Approved:                                                                Richard D. Perkins

                                                                                  Speaker of the Assembly

Attest:    Jacqueline Sneddon

                    Chief Clerk of the Assembly