THE ONE HUNDRED AND FOURTH DAY

Carson City (Saturday), May 17, 2003

    Assembly called to order at 8:17 a.m.

    Mr. Speaker presiding.

    Roll called.

    All present except Assemblymen Carpenter, Goicoechea, Mabey, Oceguera, and Ohrenschall, who were excused.

    Prayer by the Chaplain, Reverend Marvin Dennis.

    Heavenly Father, on this Saturday morning, I ask for You to give to these hard working Assemblypersons the wisdom and guidance to deal with the business swiftly for the good of the great state of Nevada. Thank You, Lord.

Amen.

    Pledge of Allegiance to the Flag.

    Assemblyman Goldwater 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 Senate Bills Nos. 10, 125, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

    Also, your Committee on Commerce and Labor, to which were referred Senate Bills Nos. 7, 8, 83, 248, 281, 283, 323, 422, 427, 428, 429, 437, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass, and place on Consent Calendar.

David Goldwater, Chairman

Mr. Speaker:

    Your Committee on Ways and Means, to which were re-referred Assembly Bills Nos. 29, 515; Senate Bill No. 439, 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

Notice of Waiver

A Waiver requested by Assemblyman Richard Perkins

For: Senate Bill No. 400.

To Waive:

    Subsection 3 of Joint Standing Rule No. 14.3 (out of final committee of 2nd house by
103rd day).

Subsection 4 of Joint Standing Rule No. 14.3 (out of 2nd house by 110th day).

Has been granted effective: May 15, 2003.

William J. Raggio	Richard D. Perkins
Senate Majority Leader	Speaker of the Assembly

    Assemblyman Williams moved that Senate Bill No. 390 be taken from the Second Reading File and placed on the Chief Clerk’s desk.

    Motion carried.

    Assemblywoman Buckley moved that the reading of Histories on all bills and resolutions be dispensed with for this legislative day.

    Motion carried.

SECOND READING AND AMENDMENT

    Assembly Joint Resolution No. 11.

    Bill read second time.

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

    Amendment No. 703.

    Amend the resolution, pages 1 and 2, by deleting lines 12 through 14 on page 1 and lines 1 through 44 on page 2, and inserting:

    “2.  The Board of Regents consists of nine members. Except as otherwise provided in this subsection, one member must be elected from each congressional district in this state and the remaining positions, if any, must be filled by the Governor by appointment. If at any time this state is apportioned more than nine congressional seats, the Legislature shall provide for the districts from which the nine members of the Board of Regents must be elected.

3.  The Legislature shall provide for the arrangement of the terms of the elected members of the Board of Regents so that an equal number of terms, as nearly as may be, expire every 2 years. The Governor shall provide for the arrangement of the terms of the appointed members of the Board of Regents so that an equal number of terms, as nearly as may be, expire every 2 years. After initial terms of 2 or 4 years to ensure staggered terms, each member of the Board of Regents shall serve a term of 4 years, and until his successor is elected and qualified or appointed and qualified.

4.  If a vacancy occurs during the term of a member appointed by the Governor, the Governor shall appoint a person similarly qualified to replace that member for the remainder of the unexpired term.

5.  In appointing the members of the Board of Regents, the Governor shall:

(a) Appoint the members based on the qualifications for appointment provided by the Legislature; and

(b) Give consideration to appointing”.

    Amend the resolution, page 3, line 3, by deleting “four” and inserting: “two-thirds of the appointed”.

    Amend the resolution, page 3, by deleting lines 7 and 8 and inserting: “of Regents] provide for the [election of a new] qualifications of the members of the Board of Regents and define [their duties.] the duties of the members of”.

    Amend the resolution, page 3, by deleting lines 12 through 16 and inserting: “Regents who was elected before November 4, 2008, expires on January 5, 2009. The Governor shall make his appointments pursuant to subsection 2 of Section 7 of Article 11 of the Nevada Constitution as soon as practicable after January 5, 2009, and in making those”.

    Amend the resolution, page 3, lines 20 and 21 by deleting “upon passage.” and inserting: “on January 1, 2008, for purposes of nominating and electing members to the Board of Regents from each congressional district, and on January 5, 2009, for all other purposes.”.

    Amend the title of the resolution to read as follows:

“ASSEMBLY JOINT RESOLUTION ¾ Proposing to amend the Nevada Constitution to provide for the election of certain members of the Board of Regents and the gubernatorial appointment of certain members of the Board of Regents, and to specify the number and terms of the members.”.

    Amend the summary of the resolution to read as follows:

    “SUMMARY¾Proposes to amend Nevada Constitution to provide for election of certain members and gubernatorial appointment of certain members of Board of Regents, and to specify number and terms of members. (BDR C‑18)”.

    Assemblywoman Giunchigliani moved the adoption of the amendment.

    Remarks by Assemblywoman Giunchigliani.

    Amendment adopted.

    Bill ordered reprinted, engrossed, and to third reading.

    Senate Bill No. 34.

    Bill read second time.

    The following amendment was proposed by the Committee on Education:

    Amendment No. 748.

    Amend the bill as a whole by deleting section 1 and renumbering
sections 2 and 3 as sections 1 and 2.

    Amend the title of the bill to read as follows:

    “AN ACT relating to pupils; clarifying that a pupil may be retained more than once in the same grade under certain circumstances; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

    “SUMMARY—Clarifies that pupil may be retained more than once in same grade under certain circumstances. (BDR 34‑639)”.

    Assemblyman Williams moved the adoption of the amendment.

    Remarks by Assemblyman Williams.

    Amendment adopted.

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

    Senate Bill No. 50.

    Bill read second time and ordered to third reading.

    Senate Bill No. 59.

    Bill read second time.

    The following amendment was proposed by the Committee on Education:

    Amendment No. 732.

    Amend sec. 2, page 3, line 23, after “application.” by inserting: “An alternative schedule proposed pursuant to this subsection must be developed in consultation with the employee organization representing the licensed employees of the school district. If an alternative schedule is approved pursuant to this subsection, the schedule must be carried out in accordance with the applicable collective bargaining agreement between the school district and the licensed employees of the school district.”.

    Assemblyman Williams moved the adoption of the amendment.

    Remarks by Assemblyman Williams.

    Amendment adopted.

    Assemblyman Williams moved that the action whereby Senate Bill No. 59 was referred to the Concurrent Committee on Ways and Means be rescinded.

    Motion carried.

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

    Senate Bill No. 144.

    Bill read second time.

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

    Amendment No. 592.

    Amend sec. 2, page 2, line 11, by deleting “equipment.” and inserting: “equipment or that is 10 percent of the amount of the federal grant, whichever is less.”.

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

    “Sec. 4.  NRS 407.065 is hereby amended to read as follows:

    407.065  1.  The Administrator, subject to the approval of the Director:

    (a) [May] Except as otherwise provided in this paragraph, may establish, name, plan, operate, control, protect, develop and maintain state parks, monuments and recreational areas for the use of the general public. The name of an existing state park, monument or recreational area may only be changed if authorized by concurrent resolution of the Legislature.

    (b) Shall protect state parks and property controlled or administered by the Division from misuse or damage and preserve the peace within those areas. The Administrator may appoint or designate certain employees of the Division to have the general authority of peace officers.

    (c) May allow multiple use of state parks and real property controlled or administered by the Division for any lawful purpose, including, but not limited to, grazing, mining, development of natural resources, hunting and fishing, in accordance with such regulations as may be adopted in furtherance of the purposes of the Division.

    (d) Shall impose and collect reasonable fees for entering, camping and boating in state parks and recreational areas. The Division shall issue, upon application therefor and proof of residency and age, an annual permit for entering, camping and boating in all state parks and recreational areas in this state to any person who is 65 years of age or older and has resided in this state for at least 5 years immediately preceding the date on which the application is submitted. The permit must be issued without charge, except that the Division shall charge and collect an administrative fee for the issuance of the permit in an amount sufficient to cover the costs of issuing the permit.

    (e) May conduct and operate such special services as may be necessary for the comfort and convenience of the general public, and impose and collect reasonable fees for such special services.

    (f) May rent or lease concessions located within the boundaries of state parks or of real property controlled or administered by the Division to public or private corporations, to groups of natural persons, or to natural persons for a valuable consideration upon such terms and conditions as the Division deems fit and proper, but no concessionaire may dominate any state park operation. Rental and lease payments must be deposited in the State General Fund.

    (g) May establish such capital projects construction funds as are necessary to account for the parks improvements program approved by the Legislature. The money in these funds must be used for the construction and improvement of those parks which are under the supervision of the Administrator.

    2.  The Administrator:

(a) Shall issue an annual permit to a person who pays a reasonable fee as prescribed by regulation which authorizes the holder of the permit to enter each state park and each recreational area in this state and, except as otherwise provided in subsection 3, use the facilities of the state park or recreational area without paying the entrance fee; and

(b) May issue an annual permit to a person who pays a reasonable fee as prescribed by regulation which authorizes the holder of the permit to enter a specific state park or specific recreational area in this state and, except as otherwise provided in subsection 3, use the facilities of the state park or recreational area without paying the entrance fee.

3.  An annual permit issued pursuant to subsection 2 does not authorize the holder of the permit to engage in camping or boating, or to attend special events. The holder of such a permit who wishes to engage in camping or boating, or to attend special events, must pay any fee established for the respective activity.

4.  Except as otherwise provided in subsection 1 of NRS 407.0762 and subsection 1 of NRS 407.0765, the fees collected pursuant to paragraphs (d) and (e) of subsection 1 or subsection 2 must be deposited in the State General Fund.”.

    Amend the bill as a whole by renumbering sections 5 and 6 as sections 7 and 8 and adding a new section designated sec. 6, following sec. 4, to read as follows:

    “Sec. 6.  NRS 407.0762 is hereby amended to read as follows:

    407.0762  1.  The Account for Maintenance of State Parks within the Division of State Parks is hereby created in the State General Fund. Except as otherwise provided in NRS 407.0765, any amount of fees collected pursuant to paragraphs (d) and (e) of subsection 1 or subsection 2 of NRS 407.065 in a calendar year, which is in excess of the amounts authorized for expenditure from that revenue source in the Division’s budget for the fiscal year beginning in that calendar year, must be deposited in the Account. The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account.

    2.  The money in the Account does not lapse to the State General Fund at the end of any fiscal year.

    3.  The money deposited in the Account pursuant to subsection 1 must only be used to repair and maintain state parks, monuments and recreational areas.

    4.  Before the Administrator may expend money pursuant to subsection 3:

    (a) For emergency repairs and projects with a cost of less than $25,000, he must first receive the approval of the Director.

    (b) For projects with a cost of $25,000 or more, other than emergency repairs, he must first receive the approval of the Director and of the Interim Finance Committee.”.

    Amend the title of the bill, seventh line, after “projects;” by inserting: “requiring the Legislature to approve any change to the name of a state park, monument or recreational area; requiring the Administrator of the Division to provide an annual permit to enter all state parks and recreational areas;”.

    Amend the summary of the bill to read as follows:

    “SUMMARY—Makes various changes relating to Division of State Parks of State Department of Conservation and Natural Resources.
(BDR 35‑493)”.

    Assemblyman Collins moved the adoption of the amendment.

    Remarks by Assemblyman Collins.

    Amendment adopted.

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

    Senate Bill No. 176.

    Bill read second time.

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

    Amendment No. 636.

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

    Amend section 1, pages 1 and 2, by deleting lines 5 through 10 on page 1 and lines 1 through 11 on page 2, and inserting: “278.260, 278.315, 278.4789 or 278.480, the governing body or other entity shall retain:

1.  A copy of the notice;

2.  A list of the persons or governmental entities to which the notice was addressed; and

3.  A record of the date on which the notice was deposited in the United States mail, postage prepaid, or, if applicable, sent by electronic means.”.

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

    “AN ACT relating to land use planning; requiring the retention of certain information regarding notice provided for certain hearings;”.

    Assemblyman Manendo moved the adoption of the amendment.

    Remarks by Assemblyman Manendo.

    Amendment adopted.

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

    Senate Bill No. 253.

    Bill read second time.

    The following amendment was proposed by the Committee on Education:

    Amendment No. 716.

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

    “2.  Before a pupil is denied credit or promotion to the next higher grade for failure to comply with the attendance requirements prescribed pursuant to subsection 1, the principal of the school in which the pupil is enrolled or his designee shall provide written notice of the intended denial to the parent or legal guardian of the pupil. The notice must include a statement indicating that the pupil and his parent or legal guardian may request a review of the absences of the pupil and a statement of the procedure for requesting such a review. Upon the request for a review by the pupil and his parent or legal guardian, the principal or his designee shall review the reason for each absence of the pupil upon which the intended denial of credit or promotion is based. After the review, the principal or his designee shall credit”.

    Amend section 1, page 2, line 18, after “principal” by inserting: “or his designee”.

    Amend the title of the bill, third line, by deleting “credit;” and inserting: “credit or to be promoted to the next higher grade; requiring each school to provide notice to the parent or legal guardian of a pupil before the pupil is denied credit or promotion to the next higher grade;”.

    Assemblyman Williams moved the adoption of the amendment.

    Remarks by Assemblyman Williams.

    Amendment adopted.

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

    Senate Bill No. 313.

    Bill read second time and ordered to third reading.

    Senate Bill No. 314.

    Bill read second time and ordered to third reading.

    Senate Bill No. 327.

    Bill read second time.

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

    Amendment No. 720.

    Amend sec. 2, page 2, by deleting line 38 and inserting: “dispensing pharmacy for the purpose of reissuing the drug to fill other prescriptions for patients in that facility if:”.

    Amend sec. 2, page 3, by deleting lines 8 and 9 and inserting: “pursuant to this section may reissue the drug to fill other prescriptions for patients in the same”.

    Amend sec. 2, page 3, by deleting lines 13 through 24 and inserting “subsection 5.”.

    Amend sec. 2, page 3, line 30, by deleting “pharmacy.” and inserting: “pharmacy pursuant to this section.”.

    Amend sec. 2, pages 3 and 4, by deleting lines 40 through 45 on page 3 and lines 1 through 3 on page 4, and inserting:

    “(a) Returning and reissuing such drugs pursuant to the provisions of this section.

(b) Maintaining records relating to the return and the use of such drugs to fill other prescriptions.”.

    Amend sec. 4, page 4, by deleting lines 12 through 14.

    Amend sec. 4, page 4, line 15, by deleting “(c)” and inserting “(b)”.

    Amend sec. 4, page 4, line 17, by deleting “(d)” and inserting “(c)”.

    Amend sec. 4, page 4, line 19, by deleting “(e)” and inserting “(d)”.

    Assemblywoman Koivisto moved the adoption of the amendment.

    Remarks by Assemblywoman Koivisto.

    Amendment adopted.

    Bill ordered reprinted, engrossed, and to third reading.

    Senate Bill No. 362.

    Bill read second time and ordered to third reading.

    Senate Bill No. 407.

    Bill read second time.

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

    Amendment No. 750.

    Amend section 1, page 1, line 3, by deleting “$3,400” and inserting “$2,600”.

    Assemblyman Arberry moved the adoption of the amendment.

    Remarks by Assemblyman Arberry.

    Amendment adopted.

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

    Senate Bill No. 460.

    Bill read second time.

    The following amendment was proposed by the Committee on Education:

    Amendment No. 749.

    Amend sec. 3, page 2, line 15, by deleting “60” and inserting “90”.

    Amend sec. 4, page 2, line 44, by deleting “60” and inserting “90”.

    Assemblyman Williams moved the adoption of the amendment.

    Remarks by Assemblyman Williams.

    Amendment adopted.

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

    Senate Bill No. 483.

    Bill read second time and ordered to third reading.

MOTIONS, RESOLUTIONS AND NOTICES

Notice Of Exemption

May 17, 2003

    The Fiscal Analysis Division, pursuant to Joint Standing Rule 14.6, has determined the exemption of:  Assembly Bill No. 544.

Mark Stevens

Fiscal Analysis Division

general file and third reading

    Assembly Bill No. 179.

    Bill read third time.

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

    Amendment No. 745.

    Amend section 1, page 5, by deleting lines 3 and 4 and inserting: “number and percentage of pupils who did not receive a high school diploma because the pupils failed to pass the high school”.

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

    “Sec. 4.  (Deleted by amendment.)”.

    Amend sec. 7, page 11, by deleting lines 26 through 33 and inserting: “examination , [administered before the completion of grade 11,] he must not be graduated until he is able, through remedial study, to pass the proficiency examination, but he may be given a certificate of attendance, in place of a diploma, if he has reached the age of 17 years. If a pupil fails the high school proficiency examination on the first administration and the pupil desires to receive a standard high school diploma, he may retake the portion or portions of the”.

    Amend sec. 9, page 15, by deleting lines 5 through 7 and inserting: “not eligible to receive a standard high school diploma;”.

    Amend sec. 9, page 15, line 14, by deleting “and”.

    Amend sec. 9, page 15, by deleting lines 18 and 19 and inserting: “administration [;] to receive a standard high school diploma; and”.

    Amend the bill as a whole by renumbering sec. 11 as sec. 16 and adding new sections designated sections 11 through 15, following sec. 10, to read as follows:

    “Sec. 11.  NRS 396.930 is hereby amended to read as follows:

    396.930  1.  Except as otherwise provided in subsections 2 and 3, a student may apply to the Board of Regents for a millennium scholarship if he:

    (a) Has been a resident of this state for at least 2 years before he applies for the scholarship;

    (b) Except as otherwise provided in paragraph (c), graduated from a public or private high school in this state:

        (1) After May 1, 2000 [; and

(2) Not] , but not later than May 1, 2003; or

(2) After May 1, 2003, and, except as otherwise provided in paragraph (c) of subsection 2, not more than [8] 6 years before he applies for the scholarship;

    (c) Does not satisfy the requirements of paragraph (b) and:

        (1) Was enrolled as a pupil in a public or private high school in this state with a class of pupils who were regularly scheduled to graduate after May 1, 2000;

        (2) Received his high school diploma within [5] 4 years after he was regularly scheduled to graduate; and

        (3) Applies for the scholarship not more than [8] 6 years after he was regularly scheduled to graduate from high school;

    (d) Maintained [at least a 3.0 grade-point average on a 4.0 grading scale] in high school in the [core curriculum, as determined] courses designated by the Board of Regents pursuant to paragraph (b) of subsection 2 [;] , at least:

(1) A 3.0 grade-point average on a 4.0 grading scale, if he was a member of the graduating class of 2003 or 2004;

(2) A 3.1 grade-point average on a 4.0 grading scale, if he was a member of the graduating class of 2005 or 2006; or

(3) A 3.25 grade-point average on a 4.0 grading scale, if he was a member of the graduating class of 2007 or a later graduating class; and

    (e) Is enrolled in at least:

        (1) Six semester credit hours in a community college within the System; or

        (2) Twelve semester credit hours in another eligible institution.

    2.  The Board of Regents [shall:

(a) Define] :

(a) Shall define the core curriculum that a student must complete in high school to be eligible for a millennium scholarship.

    (b) [Develop a plan to ensure that needy students and students from families that otherwise could not afford to send their children to college receive millennium scholarships.] Shall designate the courses in which a student must earn the minimum grade-point averages set forth in paragraph (d) of subsection 1.

(c) May establish criteria with respect to students who have been on active duty serving in the Armed Forces of the United States to exempt such students from the 6-year limitation on applications that is set forth in subparagraph (2) of paragraph (b) of subsection 1.

    3.  Except as otherwise provided in paragraph (c) of subsection 1, for students who did not graduate from a public or private high school in this state and who have been residents of this state for at least 2 years, the Board of Regents shall establish:

    (a) The minimum score on a standardized test that such students must receive; or

    (b) Other criteria that students must meet, to be eligible for millennium scholarships.

    4.  In awarding scholarships, the Board of Regents shall enhance its outreach to students who:

    (a) Are pursuing a career in education or health care;

    (b) Come from families who lack sufficient financial resources to pay for the costs of sending their children to an eligible institution; or

    (c) Substantially participated in an antismoking, antidrug or antialcohol program during high school.

    Sec. 12.  NRS 396.934 is hereby amended to read as follows:

    396.934  1.  Within the limits of money available in the Trust Fund, a student who is eligible for a millennium scholarship is entitled to receive:

    (a) If he is enrolled in a community college within the System, $40 per credit for each lower division course and $60 per credit for each upper division course in which the student is enrolled, or the amount of money that is necessary for the student to pay the costs of attending the community college that are not otherwise satisfied by other grants or scholarships, whichever is less. The Board of Regents shall provide for the designation of upper and lower division courses for the purposes of this paragraph.

    (b) If he is enrolled in a state college within the System, $60 per credit for which the student is enrolled, or the amount of money that is necessary for the student to pay the costs of attending the state college that are not otherwise satisfied by other grants or scholarships, whichever is less.

    (c) If he is enrolled in another eligible institution, $80 per credit for which the student is enrolled, or the amount of money that is necessary for the student to pay the costs of attending the university that are not otherwise satisfied by other grants or scholarships, whichever is less. No student may be awarded a scholarship for a total amount in excess of $10,000.

    2.  A student who receives a millennium scholarship shall:

    (a) Make satisfactory academic progress toward a recognized degree or certificate, as determined by the Board of Regents pursuant to subsection 5; and

    (b) [Maintain] If the student graduated from high school after May 1, 2003, maintain at least a [2.0] 2.6 grade-point average on a 4.0 grading scale.

    3.  A millennium scholarship must be used only:

    (a) For the payment of registration fees and laboratory fees and expenses;

    (b) To purchase required textbooks and course materials; and

    (c) For other costs related to the attendance of the student at the eligible institution.

    4.  The Board of Regents shall certify a list of eligible students to the State Treasurer. The State Treasurer shall disburse a millennium scholarship for each semester on behalf of an eligible student directly to the eligible institution in which the student is enrolled, upon certification from the eligible institution of the number of credits for which the student is enrolled, which must meet or exceed the minimum number of credits required for eligibility and certification that the student is in good standing and making satisfactory academic progress toward a recognized degree or certificate, as determined by the Board of Regents pursuant to subsection 5. The scholarship must be administered by the eligible institution as other similar scholarships are administered and may be used only for the expenditures authorized pursuant to subsection 3.

    5.  The Board of Regents shall establish criteria for determining whether a student is making satisfactory academic progress toward a recognized degree or certificate for purposes of subsection 4.

    Sec. 13.  Notwithstanding the provisions of NRS 389.015 to the contrary, if a pupil who is a senior in high school during the 2002-2003 school year failed the mathematics portion of the high school proficiency examination but received a passing score on all other portions of the examination, the pupil must be allowed to participate in the graduation ceremony of his high school in 2003 and must receive a standard high school diploma if he has otherwise satisfied the requirements for graduation from high school.

    Sec. 14.  Notwithstanding the provisions of NRS 389.015 to the contrary, the mathematics portion of the high school proficiency examination must not be required as a condition to the receipt of a standard high school diploma for the 2003-2004 school year and the 2004-2005 school year.

    Sec. 15.  1.  The Department of Education shall conduct a study of the mathematics portion of the high school proficiency examination. The study must include, without limitation:

    (a) An assessment of the alignment of the questions on the mathematics portion of the high school proficiency examination with the academic content standards for mathematics in grades 10, 11 and 12;

    (b) A review of the courses of study in mathematics that middle schools, junior high schools and high schools are required to offer and that pupils enrolled in those schools are required to take, including, without limitation, an assessment of whether:

        (1) Those courses of study adequately prepare a pupil for the mathematics portion of the high school proficiency examination; and

        (2) There is sufficient time during the school year for teachers to provide instruction in those courses of study in a manner that will ensure pupils are prepared for the mathematics portion of the high school proficiency examination;

    (c) An audit of the questions on the mathematics portion of the high school proficiency examination, including, without limitation, a determination of whether there are certain questions on that portion of the examination that pupils repeatedly fail to pass;

    (d) A determination of whether the mathematics portion of the high school proficiency examination assists with accurately predicting the academic performance of a pupil as he matriculates through a postsecondary educational institution;

    (e) A determination of the basic proficiencies that every pupil needs to graduate, including, without limitation, the basic proficiencies in mathematics such as addition, subtraction, division, multiplication, fractions and decimals; and

    (f) A determination of the courses of study in mathematics that are not courses of study necessary for graduation from high school and a determination of whether the subject area of those courses of study are included within the mathematics portion of the high school proficiency examination. The Department may contract with a consultant to assist the Department with conducting the study required by this subsection to the extent that money is available for such a purpose.

    2.  On or before February 1, 2005, the Department of Education shall submit to the Director of the Legislative Counsel Bureau for transmission to the 73rd Session of the Nevada Legislature a written report of the study conducted pursuant to subsection 1.”.

    Amend sec. 11, page 18, by deleting line 9 and inserting:

    “Sec. 16.  1.  This section and sections 11, 12 and 13 of this act become effective upon passage and approval.

    2.  Sections 1 to 10, inclusive, 14 and 15 of this act become effective on July 1, 2003.”.

    Amend the title of the bill to read as follows:

    “AN ACT relating to education; authorizing a pupil to retake those portions of the high school proficiency examination which he failed in order to receive a standard high school diploma; revising provisions governing the administration of achievement and proficiency examinations to pupils with disabilities and pupils whose primary language is not English; revising provisions governing the reporting of achievement and proficiency examinations; revising the minimum qualifications for receipt of a millennium scholarship; providing that pupils who are seniors in high school during the 2002-2003 school year and who failed the mathematics portion of the high school proficiency examination must receive a standard high school diploma if the requirements for graduation from high school are otherwise satisfied; providing that the mathematics portion of the high school proficiency examination must not be required as a condition to the receipt of a standard high school diploma for the 2003-2005 biennium; requiring the Department of Education to conduct a study of the mathematics portion of the high school proficiency examination and to submit the results of its study to the Legislature; and providing other matters properly relating thereto.”.

    Assemblywoman Giunchigliani moved the adoption of the amendment.

    Remarks by Assemblywoman Giunchigliani.

    Amendment adopted.

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

    Assembly Bill No. 286.

    Bill read third time.

    Remarks by Assemblywoman Koivisto.

    Roll call on Assembly Bill No. 286:

    Yeas—30.

    Nays—Andonov, Angle, Beers, Griffin, Gustavson, Hettrick, Marvel—7.

    Excused—Carpenter, Goicoechea, Mabey, Oceguera, Ohrenschall—5.

    Assembly Bill No. 286 having received a constitutional majority,
Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 392

    Bill read third time.

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblyman Arberry moved that Assembly Bill No. 392 be taken from the General File and placed on the Chief Clerk’s desk.

    Remarks by Assemblyman Arberry.

    Motion carried.

general file and third reading

    Assembly Bill No. 471.

    Bill read third time.

    Roll call on Assembly Bill No. 471:

    Yeas—37.

    Nays—None.

    Excused—Carpenter, Goicoechea, Mabey, Oceguera, Ohrenschall—5.

    Assembly Bill No. 471 having received a constitutional majority,
Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Joint Resolution No. 7.

    Resolution read.

    Remarks by Assemblywoman Giunchigliani.

    Roll call on Assembly Joint Resolution No. 7:

    Yeas—23.

    Nays—Andonov, Angle, Beers, Brown, Claborn, Geddes, Gibbons, Griffin, Gustavson, Hardy, Hettrick, Knecht, Marvel, Weber—14.

    Excused—Carpenter, Goicoechea, Mabey, Oceguera, Ohrenschall—5.

    Assembly Joint Resolution No. 7 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Resolution ordered transmitted to the Senate.

    Senate Bill No. 27.

    Bill read third time.

    Remarks by Assemblyman Goldwater.

    Roll call on Senate Bill No. 27:

    Yeas—30.

    Nays—Andonov, Angle, Beers, Brown, Christensen, Gustavson, McCleary—7.

    Excused—Carpenter, Goicoechea, Mabey, Oceguera, Ohrenschall—5.

    Senate Bill No. 27 having received a two-thirds majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 36.

    Bill read third time.

    Remarks by Assemblyman Williams.

    Roll call on Senate Bill No. 36:

    Yeas—37.

    Nays—None.

    Excused—Carpenter, Goicoechea, Mabey, Oceguera, Ohrenschall—5.

    Senate Bill No. 36 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 62.

    Bill read third time.

    Remarks by Assemblyman Williams.

    Roll call on Senate Bill No. 62:

    Yeas—37.

    Nays—None.

    Excused—Carpenter, Goicoechea, Mabey, Oceguera, Ohrenschall—5.

    Senate Bill No. 62 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 72.

    Bill read third time.

    Remarks by Assemblymen Buckley, Giunchigliani, and Beers.

    Roll call on Senate Bill No. 72:

    Yeas—37.

    Nays—None.

    Excused—Carpenter, Goicoechea, Mabey, Oceguera, Ohrenschall—5.

    Senate Bill No. 72 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 78.

    Bill read third time.

    Roll call on Senate Bill No. 78:

    Yeas—37.

    Nays—None.

    Excused—Carpenter, Goicoechea, Mabey, Oceguera, Ohrenschall—5.

    Senate Bill No. 78 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 103.

    Bill read third time.

    Roll call on Senate Bill No. 103:

    Yeas—37.

    Nays—None.

    Excused—Carpenter, Goicoechea, Mabey, Oceguera, Ohrenschall—5.

    Senate Bill No. 103 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 105.

    Bill read third time.

    Remarks by Assemblyman Horne.

    Roll call on Senate Bill No. 105:

    Yeas—37.

    Nays—None.

    Excused—Carpenter, Goicoechea, Mabey, Oceguera, Ohrenschall—5.

    Senate Bill No. 105 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 122.

    Bill read third time.

    Remarks by Assemblyman Conklin.

    Roll call on Senate Bill No. 122:

    Yeas—37.

    Nays—None.

    Excused—Carpenter, Goicoechea, Mabey, Oceguera, Ohrenschall—5.

    Senate Bill No. 122 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 123.

    Bill read third time.

    Remarks by Assemblymen Parks, Mortenson, Hardy, and Giunchigliani.

    Roll call on Senate Bill No. 123:

    Yeas—37.

    Nays—None.

    Excused—Carpenter, Goicoechea, Mabey, Oceguera, Ohrenschall—5.

    Senate Bill No. 123 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 124.

    Bill read third time.

    Roll call on Senate Bill No. 124:

    Yeas—37.

    Nays—None.

    Excused—Carpenter, Goicoechea, Mabey, Oceguera, Ohrenschall—5.

    Senate Bill No. 124 having received a two-thirds constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 134.

    Bill read third time.

    Remarks by Assemblyman Anderson.

    Roll call on Senate Bill No. 134:

    Yeas—37.

    Nays—None.

    Excused—Carpenter, Goicoechea, Mabey, Oceguera, Ohrenschall—5.

    Senate Bill No. 134 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 139.

    Bill read third time.

    Remarks by Assemblymen Chowning and Parks.

    Potential conflict of interest declared by Assemblymen Chowning and Parks.

    Roll call on Senate Bill No. 139:

    Yeas—37.

    Nays—None.

    Excused—Carpenter, Goicoechea, Mabey, Oceguera, Ohrenschall—5.

    Senate Bill No. 139 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 148.

    Bill read third time.

    Roll call on Senate Bill No. 148:

    Yeas—37.

    Nays—None.

    Excused—Carpenter, Goicoechea, Mabey, Oceguera, Ohrenschall—5.

    Senate Bill No. 148 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 150.

    Bill read third time.

    Remarks by Assemblyman Williams.

    Roll call on Senate Bill No. 150:

    Yeas—37.

    Nays—None.

    Excused—Carpenter, Goicoechea, Mabey, Oceguera, Ohrenschall—5.

    Senate Bill No. 150 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 159.

    Bill read third time.

    Remarks by Assemblyman Williams.

    Roll call on Senate Bill No. 159:

    Yeas—37.

    Nays—None.

    Excused—Carpenter, Goicoechea, Mabey, Oceguera, Ohrenschall—5.

    Senate Bill No. 159 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 186.

    Bill read third time.

    Remarks by Assemblymen Anderson, Collins, and Beers.

    Roll call on Senate Bill No. 186:

    Yeas—35.

    Nays—Andonov, Claborn—2.

    Excused—Carpenter, Goicoechea, Mabey, Oceguera, Ohrenschall—5.

    Senate Bill No. 186 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 198.

    Bill read third time.

    Roll call on Senate Bill No. 198:

    Yeas—37.

    Nays—None.

    Excused—Carpenter, Goicoechea, Mabey, Oceguera, Ohrenschall—5.

    Senate Bill No. 198 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 206.

    Bill read third time.

    Remarks by Assemblymen Claborn and Brown.

    Potential conflict of interest declared by Assemblyman Brown.

    Roll call on Senate Bill No. 206:

    Yeas—37.

    Nays—None.

    Excused—Carpenter, Goicoechea, Mabey, Oceguera, Ohrenschall—5.

    Senate Bill No. 206 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblywoman Buckley moved that Senate Bill No. 314 be taken from the General File and re-referred to the Committee on Ways and Means.
    Motion carried.

    Assemblywoman Buckley moved that Senate Bill No. 231 be taken from its position on the General File and placed at the top of the General File.

    Remarks by Assemblywoman Buckley.

    Motion carried.

general file and third reading

    Senate Bill No. 231.

    Bill read third time.

    The following amendment was proposed by Assemblywoman Giunchigliani:

    Amendment No. 785.

    Amend sec. 4, page 2, by deleting lines 6 through 11 and inserting:

    “(a) Is guilty of a misdemeanor and shall be punished by a fine of not more than $500; and”.

    Amend sec. 9, page 4, by deleting lines 17 through 24 and inserting: “ (a) Paragraph (a)] the provisions of subsection 1 is guilty of a misdemeanor [.

(b) Paragraph (b) of subsection 1 is guilty of a gross misdemeanor.

(c) Paragraph (c) of subsection 1 is guilty of a category D felony and shall be punished as provided in NRS 193.130.

(d) Paragraph (d) of subsection 1 is guilty of a category C felony and shall be punished as provided in NRS 193.130.] and shall be punished by a fine of not more than $500.”.

    Amend the bill as a whole by adding the following Assemblyman as a primary joint sponsor: Assemblyman Arberry.

    Assemblywoman Giunchigliani moved the adoption of the amendment.

    Remarks by Assemblywoman Giunchigliani.

    Amendment adopted.

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

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblywoman Buckley moved that Senate Bills Nos. 221, 240, 255, 266, 276, 287, 288, 297, 299, 307, 310, 315, 317, 322, 351, 359, 363, 373, 378, 383, 387, 394, 396, 401, 405, 408, 410, 424, 432, 434, 450, 456, 465, 466, 467, 469, 470, 471, 475, 476, 478, 481, 482, 485, 486, 490, 493;
Senate Joint Resolutions Nos. 3 and 4 be taken from the General File and placed on the General File for the next legislative day.

    Motion carried.

REPORTS OF COMMITTEES

Mr. Speaker:

    Your Committee on Taxation, to which was referred Senate Bill No. 370, has had the same under consideration, and begs leave to report the same back with the recommendation:
mend, and do pass as amended.

    Also, your Committee on Taxation, to which was referred Senate Bill No. 473, 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 Taxation, to which was referred Senate 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 Parks, Chairman

Mr. Speaker:

    Your Concurrent Committee on Taxation, to which was referred Senate Bill No. 440, 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

UNFINISHED BUSINESS

Consideration of Senate Amendments

    Assembly Bill No. 51.

    The following Senate amendment was read:

    Amendment No. 509.

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

    “Section 1.  NRS 451.523 is hereby amended to read as follows:

    451.523  “Document of gift” means a card, [a statement imprinted on a driver’s license or identification card, a will,] statement, will or other writing used to make an anatomical gift.”.

    Amend section 1, page 1, line 7, after “in” by inserting: “this subsection and”.

    Amend section 1, page 2, line 6, by deleting “If” and inserting: “[If] Except as otherwise provided in subsection 4, if”.

    Amend section 1, page 2, by deleting lines 11 and 12 and inserting:

    “4.  [If] A symbol or other indication that a document of gift [is] has been executed by or on behalf of a donor may be imprinted on [a] the donor’s driver’s license or identification card [,] if the document of gift [must comply] complies with”.

    Amend section 1, page 3, line 20, by deleting: “person, who acts” and inserting: “person who:

(a) Is aware that a symbol or other indication that a document of gift has been executed by or on behalf of a donor is imprinted on the donor’s driver’s license or identification card; or

(b) Acts”.

    Amend section 1, page 3, line 23, by deleting “gifts may” and inserting “gifts, shall”.

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

    “Sec. 3.  NRS 483.340 is hereby amended to read as follows:

    483.340  1.  The Department shall, upon payment of the required fee, issue to every qualified applicant a driver’s license indicating the type or class of vehicles the licensee may drive. The license must bear a unique number assigned to the licensee pursuant to NRS 483.345, the licensee’s social security number, if he has one, unless he requests that it not appear on the license, the full name, date of birth, mailing address and a brief description of the licensee, and a space upon which the licensee shall write his usual signature in ink immediately upon receipt of the license. A license is not valid until it has been so signed by the licensee.

    2.  The Department may issue a driver’s license for purposes of identification only for use by officers of local police and sheriffs’ departments, agents of the Investigation Division of the Department of Public Safety while engaged in special undercover investigations relating to narcotics or prostitution or for other undercover investigations requiring the establishment of a fictitious identity, federal agents while engaged in undercover investigations, investigators employed by the Attorney General while engaged in undercover investigations and agents of the State Gaming Control Board while engaged in investigations pursuant to NRS 463.140. An application for such a license must be made through the head of the police or sheriff’s department, the Chief of the Investigation Division of the Department of Public Safety, the director of the appropriate federal agency, the Attorney General or the Chairman of the State Gaming Control Board. Such a license is exempt from the fees required by NRS 483.410. The Department, by regulation, shall provide for the cancellation of any such driver’s license upon the completion of the special investigation for which it was issued.

    3.  Information pertaining to the issuance of a driver’s license pursuant to subsection 2 is confidential.

    4.  It is unlawful for any person to use a driver’s license issued pursuant to subsection 2 for any purpose other than the special investigation for which it was issued.

    5.  At the time of the issuance or renewal of the driver’s license, the Department shall:

    (a) Give the holder the opportunity to [indicate] have indicated on his driver’s license that he wishes to be a donor of all or part of his body pursuant to NRS 451.500 to 451.590, inclusive, or [that he refuses] to refuse to make an anatomical gift of his body or part of his body;

    (b) Give the holder the opportunity to indicate whether he wishes to donate $1 or more to the Anatomical Gift Account created by NRS 460.150; and

    (c) Provide to each holder who is interested in becoming a donor information relating to anatomical gifts, including the procedure for registration as a donor with The Living Bank International or its successor organization.

    6.  If the holder wishes to make a donation to the Anatomical Gift Account, the Department shall collect the donation and deposit the money collected in the State Treasury for credit to the Anatomical Gift Account.

    7.  The Department shall submit to The Living Bank International, or its successor organization, information from the records of the Department relating to persons who have drivers’ licenses that indicate the intention of those persons to make an anatomical gift. The Department shall adopt regulations to carry out the provisions of this subsection.

    Sec. 4.  NRS 483.840 is hereby amended to read as follows:

    483.840  1.  The form of the identification cards must be similar to that of drivers’ licenses but distinguishable in color or otherwise.

    2.  Identification cards do not authorize the operation of any motor vehicles.

    3.  Identification cards must include the following information concerning the holder:

    (a) The name and sample signature of the holder.

    (b) A unique identification number assigned to the holder that is not based on the holder’s social security number.

    (c) A personal description of the holder.

    (d) The date of birth of the holder.

    (e) The current address of the holder in this state.

    (f ) A colored photograph of the holder.

    4.  The information required to be included on the identification card pursuant to subsection 3 must be placed on the card in the manner specified in subsection 1 of NRS 483.347.

    5.  At the time of the issuance of the identification card, the Department shall:

    (a) Give the holder the opportunity to [indicate] have indicated on his identification card that he wishes to be a donor of all or part of his body pursuant to NRS 451.500 to 451.590, inclusive, or [that he refuses] to refuse to make an anatomical gift of his body or part of his body;

    (b) Give the holder the opportunity to indicate whether he wishes to donate $1 or more to the Anatomical Gift Account created by NRS 460.150; and

    (c) Provide to each holder who is interested in becoming a donor information relating to anatomical gifts, including the procedure for registration as a donor with The Living Bank International or its successor organization.

    6.  If the holder wishes to make a donation to the Anatomical Gift Account, the Department shall collect the donation and deposit the money collected in the State Treasury for credit to the Anatomical Gift Account.

    7.  The Department shall submit to The Living Bank International, or its successor organization, information from the records of the Department relating to persons who have identification cards issued by the Department that indicate the intention of those persons to make an anatomical gift. The Department shall adopt regulations to carry out the provisions of this subsection.

    8.  As used in this section, “photograph” has the meaning ascribed to it in NRS 483.125.”.

    Assemblywoman Koivisto moved that the Assembly concur in the Senate amendment to Assembly Bill No. 51.

    Remarks by Assemblywoman Koivisto.

    Motion carried by a constitutional majority.

    Bill ordered to enrollment.

    Assembly Bill No. 15.

    The following Senate amendment was read:

    Amendment No. 558.

    Amend section 1, page 2, by deleting lines 20 through 22 and inserting: “mentally retarded, the court must make such a finding in the record and strike the notice of intent to seek the death penalty. Such a finding may be appealed to the Supreme Court pursuant to NRS 177.015.”.

    Amend sec. 2, page 3, lines 2 and 3, by deleting: “a sentence of death may not be imposed” and inserting: “the defendant is mentally retarded and has stricken the notice of intent to seek the death penalty”.

    Amend sec. 2, page 3, lines 23 and 24, by deleting: “pursuant to section 1 of this act that the defendant may not receive a sentence of death,” and inserting: “the defendant to be mentally retarded and has stricken the notice of intent to seek the death penalty pursuant to section 1 of this act,”.

    Amend sec. 3, page 4, line 12, by deleting “imposed,” and inserting: “imposed and a prior determination regarding mental retardation has not been made pursuant to section 1 of this act,”.

    Amend sec. 3, page 4, line 20, by deleting “Court.” and inserting: “Court pursuant to NRS 177.015.”.

    Amend sec. 7, page 7, lines 7 and 8, by deleting:“a sentence of death may not be imposed upon the defendant;” and inserting: “the defendant is mentally retarded and has stricken the notice of intent to seek the death penalty;”.

    Assemblyman Anderson moved that the Assembly concur in the Senate amendment to Assembly Bill No. 15.

    Remarks by Assemblyman Anderson.

    Motion carried by a constitutional majority.

    Bill ordered to enrollment.

    Assembly Bill No. 331.

    The following Senate amendment was read:

    Amendment No. 584.

    Amend sec. 2, page 1, line 7, after “person” by inserting: “who is 18 years of age or older and”.

    Assemblyman Anderson moved that the Assembly concur in the Senate amendment to Assembly Bill No. 331.

    Remarks by Assemblyman Anderson.

    Motion carried by a constitutional majority.

    Bill ordered to enrollment.

    Assembly Bill No. 151.

    The following Senate amendment was read:

    Amendment No. 583.

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

    “1.  A public guardian may appoint deputies to perform the duties of his office. A deputy so appointed may transact all official business relating to the office of the public guardian to the same extent as the public guardian, except that the deputy is not authorized to establish or change the policies of the office or to employ or terminate the employment of subordinates in the office. Before entering upon the discharge of”.

    Amend sec. 4, page 2, line 30, after “act,” by inserting: “as authorized by the board of county commissioners and”.

    Assemblyman Anderson moved that the Assembly concur in the Senate amendment to Assembly Bill No. 151.

    Remarks by Assemblyman Anderson.

    Motion carried by a constitutional majority.

    Bill ordered to enrollment.

    Assembly Bill No. 79.

    The following Senate amendment was read:

    Amendment No. 643.

    Amend the bill as a whole by adding the following senators as primary joint sponsors: Senators Neal and O’Connell.

    Assemblyman Goldwater moved that the Assembly concur in the Senate amendment to Assembly Bill No. 79.

    Remarks by Assemblyman Goldwater.

    Motion carried by a two-thirds constitutional majority.

    Bill ordered to enrollment.

    Assembly Bill No. 143.

    The following Senate amendment was read:

    Amendment No. 613.

    Amend the bill as a whole by adding a new section designated sec. 18.5, following sec. 18, to read as follows:

    “Sec. 18.5.  NRS 338.016 is hereby amended to read as follows:

    338.016  1.  If, after an opportunity for a hearing, an administrative penalty is imposed against a contractor on a public work for the commission of an offense:

    (a) An eligible bidder, or any person who entered into a contract with the eligible bidder before bids for the contract for the public work were let, may commence a civil action against the contractor to recover damages suffered as a proximate result of the eligible bidder not being awarded the contract for the public work.

    (b) There is a rebuttable presumption that the contractor was awarded the contract for the public work because his bid on the contract was based, in part, on his intent to commit the offense and, as a result, was lower than it otherwise would have been.

    2.  The court may award costs and reasonable attorney’s fees to the prevailing party in any action brought pursuant to this section.”.

    Amend sec. 19, page 10, line 32, after “after” by inserting: “an opportunity for”.

    Amend the bill as a whole by adding a new section designated sec. 19.5, following sec. 19, to read as follows:

    “Sec. 19.5.  NRS 338.515 is hereby amended to read as follows:

    338.515  1.  Except as otherwise provided in NRS 338.525, a public body and its officers or agents awarding a contract for a public work shall pay or cause to be paid to a contractor the progress payments due under the contract within 30 days after the date the public body receives the progress bill or within a shorter period if the provisions of the contract so provide. Not more than 90 percent of the amount of any progress payment may be paid until 50 percent of the work required by the contract has been performed. Thereafter the public body may pay any of the remaining progress payments without withholding additional retainage if, in the opinion of the public body, satisfactory progress is being made in the work.

    2.  Except as otherwise provided in NRS 338.525, a public body shall identify in the contract and pay or cause to be paid to a contractor the actual cost of the supplies, materials and equipment that:

    (a) Are identified in the contract;

    (b) Have been delivered and stored at a location, and in the time and manner, specified in a contract by the contractor or a subcontractor or supplier for use in the construction, repair or reconstruction of the public work; and

    (c) Are in short supply or were specially made for the public work,

within 30 days after the public body receives a progress bill from the contractor for those supplies, materials or equipment.

    3.  A public body shall pay or cause to be paid to the contractor at the end of each quarter interest for the quarter on any amount withheld by the public body pursuant to NRS 338.400 to 338.645, inclusive, at a rate equal to the rate quoted by at least three financial institutions as the highest rate paid on a certificate of deposit whose duration is approximately 90 days on the first day of the quarter. If the amount due to a contractor pursuant to this subsection for any quarter is less than $500, the public body may hold the interest until:

    (a) The end of a subsequent quarter after which the amount of interest due is $500 or more;

    (b) The end of the fourth consecutive quarter for which no interest has been paid to the contractor; or

    (c) The amount withheld under the contract is due pursuant to
NRS 338.520, whichever occurs first.

    4.  If the Labor Commissioner has reason to believe that [an employee has a valid and enforceable claim for wages against] a workman is owed wages by a contractor, he may require the public body to withhold from any payment due the contractor under this section and pay the Labor Commissioner instead, an amount equal to the amount [claimed by the employee.] the Labor Commissioner believes the contractor owes to the workman. This amount must be paid to the [employee] workman if the [claim] matter is resolved in his favor, otherwise it must be returned to the public body for payment to the contractor.”.

    Assemblyman Goldwater moved that the Assembly concur in the Senate amendment to Assembly Bill No. 143.

    Remarks by Assemblyman Goldwater.

    Motion carried by a two-thirds constitutional majority.

    Bill ordered to enrollment.

    Assembly Bill No. 232.

    The following Senate amendment was read:

    Amendment No. 667.

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

    “Section 1.  NRS 597.812 is hereby amended to read as follows:

    597.812  As used in NRS 597.812 to 597.818, inclusive, “device for automatic dialing and announcing” means any equipment that:

    1.  Incorporates a storage capability of telephone numbers to be called and utilizes a random or sequential number generator producing telephone numbers to be called; and

    2.  Is used exclusively, working alone or in conjunction with other equipment, to disseminate a prerecorded message to the telephone number called . [to solicit a person at the telephone number called to purchase goods or services.]

    Sec. 2.  NRS 597.814 is hereby amended to read as follows:

    597.814  1.  [Except as otherwise provided in subsection 3 and NRS 597.816, a] A person shall not use a device for automatic dialing and announcing to disseminate a prerecorded message in [a] an unsolicited telephone call unless [, before] :

(a) Before the message is disseminated, a [recorded or] person, speaking in his unrecorded natural voice [:

(a) Informs] , informs the person who answers the telephone call [of the nature of the call, including, without limitation, the fact] that a device for automatic dialing and announcing will be used to disseminate the message if the person who answers the call remains on the line; [and

(b) Provides to the person who answers the telephone call the name, address and telephone number of the business or organization, if any, being represented by the caller.]

(b) A person associated with the telephone number dialed has given his express consent to receive prerecorded messages from the person using the device for automatic dialing and announcing;

(c) The person using the device for automatic dialing and announcing is using the do-call registry created pursuant to section 13 of this act and the telephone number called is included in the current do-call registry; or

(d) The call is initiated by a state or local governmental agency, or a private entity operating under contract with and at the direction of such an agency, to provide:

(1) Information relating to public safety;

(2) Information relating to a police or fire emergency; or

(3) A warning of an impending or threatening emergency.

    2.  A person shall not operate a device for automatic dialing and announcing to place:

    (a) A call that is received by a telephone located in this state during the period between [9] 8 p.m. and 9 a.m.; [or]

    (b) A call-back or second call to the same telephone number, if a person at the telephone number terminated the original call [.

3.   This section does not prohibit the use of a device for automatic dialing and announcing to dial the number of and play a recorded message to a person with whom the person using the device or another person affiliated with the person using the device has a preexisting business relationship.] ; or

(c) A call that does not provide to the person who answers the telephone call the name, address and telephone number of the caller or of the business or organization, if any, represented by the caller.

    Sec. 3.  Chapter 598 of NRS is hereby amended by adding thereto the provisions set forth as sections 4 to 17, inclusive, of this act.

    Sec. 4.  As used in sections 4 to 17, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 4.5 to 11, inclusive, of this act have the meanings ascribed to them in those sections.

Sec. 4.5.  “Charitable organization” means an organization which:

1.  The Secretary of the Treasury has determined is an exempt organization pursuant to the provisions of section 501(c) of the Internal Revenue Code; and

2.  Holds a current certificate of organization or is currently qualified by the Secretary of State to do business in this state.

    Sec. 5.  “Device for automatic dialing” means any equipment that:

1.  Incorporates a storage capability of telephone numbers to be called and utilizes a random or sequential number generator to produce telephone numbers to be called;

2.  Dials such a telephone number; and

3.  Transfers the call to a live operator if a natural person at the telephone number called accepts the call.

    Sec. 6.  “Device for automatic dialing and announcing” has the meaning ascribed to it in NRS 597.812.

    Sec. 7.  “Do-call registry” means the database composed of the telephone numbers of subscribers who have manifested their wish to receive telemarketing calls. The term includes, without limitation, a list produced from the database, regardless of the format in which the list is produced.

    Sec. 8.  “Noncommercial telephone service” means telephone service maintained by a subscriber primarily for personal, rather than business, purposes. The term includes, without limitation, such service to:

1.  The residence of a subscriber;

2.  A mobile telephone, including a cellular telephone or other portable device; and

3.  A pager, beeper or other telecommunications device.

    Sec. 9.  “Subscriber” means a natural person who subscribes to noncommercial telephone service in this state.

    Sec. 10.  “Telemarketer” means a person who makes or causes another person to make a telemarketing call. The term includes, without limitation, a person registered with the Consumer Affairs Division of the Department of Business and Industry as a seller or salesman pursuant to chapter 599B of NRS.

    Sec. 11.  “Telemarketing call” means a telephone call, including, without limitation, a call dialed by a device for automatic dialing or device for automatic dialing and announcing, the primary purpose of which is to solicit a person who accepts the call to purchase, lease, invest in or otherwise acquire goods or services. The term does not include a telephone call made on behalf of a charitable organization, the primary purpose of which is to solicit a person who accepts the call to donate money, goods or services to the charitable organization.

    Sec. 12.  A subscriber who wishes to receive telemarketing calls may request that his telephone number be included in the do-call registry by complying with the requirements established by the Attorney General pursuant to section 13 of this act.

    Sec. 13.  The Attorney General shall:

1.  Establish and operate a do-call registry.

2.  Adopt regulations to carry out the provisions of sections 4 to 17, inclusive, of this act.

3.  Publicize the existence of the do-call registry.

4.  Impose a fee, not to exceed $250 a year, to be paid by a telemarketer to obtain access to the do-call registry or any list produced from the do-call registry.

    Sec. 14.  1.  A telemarketer shall not make or cause another person to make an unsolicited telemarketing call to a telephone number of a subscriber unless:

(a) That telephone number is included in the current do-call registry; or

(b) The telemarketer is complying with the provisions of section 15 of this act.

2.  A telemarketer that violates this section is liable for a civil penalty of not more than:

(a) For a first offense, $500;

(b) For a second offense, $2,500; and

(c) For a third and each subsequent offense, $5,000.

3.  The penalty may be recovered by civil action on a complaint brought by the Attorney General.

    Sec. 15.  1.  The provisions of section 14 of this act do not prohibit a telemarketer from making or causing another person to make an unsolicited telemarketing call to a telephone number of a subscriber if:

(a) There is a preexisting business relationship between the telemarketer and the subscriber; and

(b) The telemarketer complies with the provisions of this section.

2.  Before a telemarketer may make or cause another person to make an unsolicited telemarketing call based on a preexisting business relationship, the telemarketer must establish and maintain an internal do-not-call registry that complies with federal and state law and regulations. The internal
do-not-call registry must:

(a) Include, without limitation, a list of the telephone numbers of any subscriber who has requested that the telemarketer not make or cause another person to make an unsolicited telemarketing call to a telephone number of the subscriber; and

(b) Upon request, be provided by the telemarketer to the Attorney General.

3.  In addition to the requirements set forth in subsection 2, at least once each year, the telemarketer shall provide written notice to each subscriber with whom the telemarketer has a preexisting business relationship. The written notice must:

(a) Inform the subscriber that the telemarketer is providing the notice pursuant to state law;

(b) Explain to the subscriber that the subscriber may elect to be placed on the internal do-not-call list of the telemarketer and specify the procedures for making such an election; and

(c) Explain to the subscriber that the subscriber may contact the customer service department of the telemarketer or the Attorney General to obtain further information concerning the provisions of this section and provide the current address, telephone number and electronic mail address of the customer service department of the telemarketer and the Attorney General.

4.  As used in this section, “preexisting business relationship” means a relationship between a telemarketer and a subscriber that is based on:

(a) The subscriber’s purchase, rental or lease of goods or services from the telemarketer; or

(b) Any other financial transaction between the subscriber and the telemarketer, that occurs within the 18 months immediately preceding the date of the telemarketing call.

    Sec. 16.  All fees, civil penalties and any other money collected pursuant to the provisions of sections 4 to 17, inclusive, of this act must be deposited in the State General Fund and may only be used to offset the costs of administering and enforcing those provisions.

    Sec. 17.  1.  A provider of telephone service shall inform a subscriber of the provisions of sections 4 to 17, inclusive, of this act:

(a) As part of the process of subscribing to telephone service;

(b) By a statement distributed, not less than annually, as an insert in a billing statement sent to the subscriber; or

(c) In any other manner authorized by the Attorney General.

2.  A provider of local telephone directories, including, without limitation, a provider of telephone service, shall include in a conspicuous place in each such directory a description of the provisions of sections
4 to 17, inclusive, of this act.

3.  As used in this section, “provider of telephone service” includes, without limitation:

(a) A public utility furnishing telephone service.

(b) A provider of cellular or other service to a telephone that is installed in a vehicle or is otherwise portable.

    Sec. 18.  NRS 597.816 and 598.0916 are hereby repealed.

    Sec. 19.  1.  This section and sections 3 to 13, inclusive, 16 and 17 of this act become effective upon passage and approval for the purpose of adopting regulations and on January 1, 2004, for all other purposes.

    2.  Sections 1, 2, 14, 15 and 18 of this act become effective upon passage and approval for the purpose of adopting regulations and on February 1, 2004, for all other purposes.

TEXT OF REPEALED SECTIONS

    597.816  Additional exceptions to prohibition of use.  The provisions of NRS 597.814 do not prohibit the use of a device for automatic dialing and announcing by any person exclusively on behalf of:

    1.  A school or school district to contact the parents or guardians of a pupil regarding the attendance of the pupil or regarding other business of the school or school district.

    2.  A nonprofit organization.

    3.  A company that provides cable television services to contact its customers regarding a previously arranged installation of such services at the premises of the customer.

    4.  A public utility to contact its customers regarding a previously arranged installation of utility services at the premises of the customer.

    5.  A facility that processes or stores petroleum, volatile petroleum products, natural gas, liquefied petroleum gas, combustible chemicals, explosives, high-level radioactive waste or other dangerous substances to advise local residents, public service agencies and news media of an actual or potential life-threatening emergency.

    6.  A state or local governmental agency, or a private entity operating under contract with and at the direction of such an agency, to provide:

    (a) Information relating to public safety;

    (b) Information relating to a police or fire emergency; or

    (c) A warning of an impending or threatening emergency.

    7.  A candidate for public office, committee advocating the passage or defeat of a ballot question, political party, committee sponsored by a political party or a committee for political action.

    598.0916  “Deceptive trade practice” defined.  A person engages in a “deceptive trade practice” when, in the course of his business or occupation, he disseminates an unsolicited prerecorded message to solicit a person to purchase goods or services by telephone and he does not have a preexisting business relationship with the person being called unless a recorded or unrecorded natural voice:

    1.  Informs the person who answers the telephone call of the nature of the call; and

    2.  Provides to the person who answers the telephone call the name, address and telephone number of the business or organization, if any, represented by the caller.”.

    Amend the title of the bill to read as follows:

    “AN ACT relating to telecommunications; prohibiting a person from using a device for automatic dialing and announcing to disseminate a prerecorded message unless the person called consents; requiring the establishment and operation of a do-call registry composed of the telephone numbers of subscribers of noncommercial telephone service who wish to receive telemarketing calls; prohibiting a telemarketer under certain circumstances from making an unsolicited telemarketing call to a telephone number unless that number is included in the current do-call registry; providing exceptions; requiring a provider of telephone service or local telephone directories to publicize the do-call registry; providing penalties; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

    “SUMMARY—Makes various changes relating to telecommunications. (BDR 52‑133)”.

    Assemblyman Goldwater moved that the Assembly do not concur in the Senate amendment to Assembly Bill No. 232.

    Remarks by Assemblyman Goldwater.

    Motion carried.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 296.

    The following Senate amendment was read:

    Amendment No. 609.

    Amend sec. 2, page 1, by deleting line 8 and inserting: “photovoltaic system, if:

1.  The system is installed on the premises of a retail customer; and

2.  On an annual basis, at least 50 percent of the electricity generated by the system is utilized by the retail customer on that premises.”.

    Amend sec. 3, page 2, line 12, by deleting “At” and inserting: “On an annual basis, at”.

    Assemblyman Goldwater moved that the Assembly concur in the Senate amendment to Assembly Bill No. 296.

    Remarks by Assemblyman Goldwater.

    Motion carried by a constitutional majority.

    Bill ordered to enrollment.

    Assembly Bill No. 149.

    The following Senate amendment was read:

    Amendment No. 556.

    Amend section 1, page 2, by deleting line 26 and inserting “this section.”.

    Assemblyman Manendo moved that the Assembly concur in the Senate amendment to Assembly Bill No. 149.

    Remarks by Assemblyman Manendo.

    Motion carried by a constitutional majority.

    Bill ordered to enrollment.

    Assembly Bill No. 135.

    The following Senate amendment was read:

    Amendment No. 557.

    Amend section 1, page 2, by deleting lines 11 and 12 and inserting: “of the [council] governing body and an appeal of that decision . [to the council.] The ordinance must specify whether all such appeals are to be made to the governing body or to a court of competent jurisdiction.”.

    Amend section 1, page 2, line 34, after “body” by inserting: “or a court of competent jurisdiction”.

    Assemblyman Manendo moved that the Assembly concur in the Senate amendment to Assembly Bill No. 135.

    Remarks by Assemblyman Manendo.

    Motion carried by a constitutional majority.

    Bill ordered to enrollment.

    Assembly Bill No. 530.

    The following Senate amendment was read:

    Amendment No. 577.

    Amend section 1, page 2, by deleting lines 20 and 21 and inserting “accordingly.”.

    Assemblyman Parks moved that the Assembly concur in the Senate amendment to Assembly Bill No. 530.

    Remarks by Assemblyman Parks.

    Motion carried by a constitutional majority.

    Bill ordered to enrollment.

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

    Assembly in recess at 9:40 a.m.

ASSEMBLY IN SESSION

    At 9:51 a.m.

    Mr. Speaker presiding.

    Quorum present.

    Assemblyman Manendo moved that the action whereby Senate Bill No. 78 was passed be rescinded.

    Motion carried.

    Assemblyman Manendo moved that Senate Bill No. 78 be taken from the General File and placed on the Chief Clerk’s desk.

    Remarks by Assemblyman Manendo.

    Motion carried.

    Assemblyman Arberry moved that Assembly Bill No. 392 be taken from the Chief Clerk’s desk and placed on the General File.

    Remarks by Assemblyman Arberry.

    Motion carried.

general file and third reading

    Assembly Bill No. 392.

    Bill read third time.

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

    Amendment No. 824.

    Amend section 1, page 1, line 9, by deleting “additional $25” and inserting: “annual increase of $25 in the semiannual payment”.

    Amend section 1, page 1, line 11, by deleting “additional $50” and inserting: “annual increase of $50 in the semiannual payment”.

    Amend section 1, page 1, line 13, by deleting “additional $75” and inserting: “annual increase of $75 in the semiannual payment”.

    Assemblyman Arberry moved the adoption of the amendment.

    Remarks by Assemblyman Arberry.

    Amendment adopted.

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

REPORTS OF COMMITTEES

Mr. Speaker:

    Your Committee on Government Affairs, to which was referred Senate Bill No. 181, 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 Senate Concurrent Resolution No. 10, has had the same under consideration, and begs leave to report the same back with the recommendation: Be adopted.

    Also, your Committee on Government Affairs, to which was referred Senate Concurrent Resolution No. 19, has had the same under consideration, and begs leave to report the same back with the recommendation: Be adopted.

Mark Manendo, Chairman

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblyman Anderson moved that Senate Bill No. 199 be taken from the Chief Clerk's desk and placed on the General File for the next legislative day.

    Remarks by Assemblyman Anderson.

    Motion carried.

GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR

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

    Assemblywoman Buckley moved that the Assembly adjourn until Monday, May 19, 2003, at 11:00 a.m.

    Motion carried.

    Assembly adjourned at 9:56 a.m.  

Approved:                                                                Richard D. Perkins

                                                                                  Speaker of the Assembly

Attest:    Jacqueline Sneddon

                    Chief Clerk of the Assembly