NEVADA LEGISLATURE

THE ONE HUNDRED AND EIGHTH DAY

Carson City (Wednesday), May 21, 2003

Assembly called to order at 11:35 a.m.

Mr. Speaker presiding.

Roll called.

All present.

Prayer by the Chaplain, Pastor Monte Fast.

Great Father and Protector of us all, as national leaders approach a holiday weekend with increased sensitivity to the threat of terrorism, make us mindful of the truly great blessings of liberty we enjoy. Give wisdom to our leaders. Protect our young men and women who watch. Hasten the day when men and women who worship Jehovah or Allah hear one voice and beat swords into plowshares.

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 was referred Senate Bill No. 19, 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 Senate Bills Nos. 66, 319, 372, 491, 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 re-referred Senate Bill
No. 332, 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
Senate Bills Nos. 262, 309, 449, 453, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Chris Giunchigliani, Chairman

Mr. Speaker:

Your Committee on Government Affairs, to which was referred Senate Bill No. 143, 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 Bill No. 146, 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 Bill No. 312, 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 Bill No. 328, 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 Bill No. 451, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Mark Manendo, Chairman

Mr. Speaker:

Your Concurrent Committee on Government Affairs, to which was referred Senate Bill
No. 447, 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 Health and Human Services, to which was referred Senate Bill No. 82, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Also, your Committee on Health and Human Services, to which was referred Senate Bill
No. 386, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Also, your Committee on Health and Human Services, to which was referred
Senate Concurrent Resolution No. 36, has had the same under consideration, and begs leave to report the same back with the recommendation: Be adopted.

Ellen Koivisto, Chairman

Mr. Speaker:

Your Committee on Judiciary, to which was referred Senate Bill No. 494, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Also, your Committee on Judiciary, to which were referred Senate Bills Nos. 136, 175, 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

MESSAGES FROM THE Senate

Senate Chamber, Carson City, May 19, 2003

To the Honorable the Assembly:

I have the honor to inform your honorable body that the Senate on this day passed
Assembly Bills Nos. 153, 361, 488; Assembly Joint Resolution No. 4.

Also, I have the honor to inform your honorable body that the Senate amended, and on this day passed, as amended, Assembly Bill No. 78, Amendments Nos. 773, 719; Assembly Bill
No. 114, Amendment No. 678; Assembly Bill No. 125, Amendment No. 679; Assembly Bill
No. 146, Amendments Nos. 739, 665; Assembly Bill No. 156, Amendment No. 659;
Assembly Bill No. 205, Amendment No. 579; Assembly Bill No. 217, Amendment No. 582; Assembly Bill No. 218, Amendment No. 722; Assembly Bill No. 288, Amendment No. 707; Assembly Bill No. 365, Amendment No. 671; Assembly Bill No. 384, Amendment No. 718; Assembly Bill No. 390, Amendment No. 680; Assembly Bill No. 458, Amendment No. 681; Assembly Bill No. 485, Amendment No. 633, and respectfully requests your honorable body to concur in said amendments.

Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bills Nos. 191, 263, 324.

Also, I have the honor to inform your honorable body that the Senate on this day concurred in the Assembly Amendment No. 591 to Senate Bill No. 237.

Mary Jo Mongelli

Assistant Secretary of the Senate

MOTIONS, RESOLUTIONS AND NOTICES

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

Motion carried.

Assemblyman Oceguera moved that Senate Bills Nos. 19, 136, 143, 146, 175, 312, 328, 386, 447, and 451 be placed on the Second Reading File.

Motion carried.

Assemblyman Oceguera moved that Senate Bill No. 332 just reported out of committee, be placed at the top of the General File.

Motion carried.

Notice of Waiver

A Waiver requested by Senator William J. Raggio.

For: A New BDR No. 20-1356.

To Waive:

Subsections 1 and 2 of Joint Standing Rule No. 14 and Joint Standing Rule Nos. 14.2
and 14.3 (all of the above).

With the following conditions:

Must be introduced within 10 days after delivery (if new BDR).

Has been granted effective: May 21, 2003.

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

By the Committee on Elections, Procedures, and Ethics:

Assembly Concurrent Resolution No. 28—Providing for the compensation of the clergy for services rendered to the Assembly and the Senate during the 72nd Session of the Nevada Legislature.

Whereas, The members of the 72nd Session of the Nevada Legislature have been sincerely appreciative of the daily religious services rendered by members of the clergy representing various denominations; and

Whereas, The invocations offered by the clergy provided inspiration and guidance for the members of the Nevada Legislature as they faced the challenges and demands of the 72nd Session; and

Whereas, A reasonable compensation should be provided for the clergy who performed such services; now, therefore, be it

Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the State Controller is authorized and directed to pay the sum of $35 per service out of the Legislative Fund to the members of the clergy who have performed religious

services for the Assembly and the Senate during the 72nd Session of the Nevada Legislature.

Assemblyman Oceguera moved the adoption of the resolution.

Remarks by Assemblyman Oceguera.

Resolution adopted.

Assembly Concurrent Resolution No. 10.

Resolution read.

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

Amendment No. 796.

Amend the resolution, page 2, by deleting lines 14 through 16 and inserting: “committee of at least nine members, who are not Legislators, as follows:

1. At least one representative of the Retired Public Employees of Nevada or its successor organization;

2. At least one representative of the Nevada Association of Counties, or its successor organization, or the Nevada League of Cities, or its successor organization;

3. At least one representative of the State of Nevada Employees Association or its successor organization;

4. At least one person who possesses knowledge concerning the management of risk or the management of insurance trusts;

5. At least one provider of health insurance;

6. The Executive Officer of the Board of the Public Employees’ Benefits Program; and

7. Representatives of other local public employee organizations and representatives of public employers; and be it further”.

Amend the resolution, page 2, line 19, by deleting “premiums” and inserting: “premiums, equitable employee contributions based upon actual costs to this state”.

Amend the resolution, page 2, line 27, by deleting “operation” and inserting: “statewide operation or the regional operation”.

Amend the resolution, page 2, by deleting lines 38 through 40 and inserting:

“8. The feasibility and desirability of establishing a program similar to the Federal Employees Health Benefits Program, which provides a choice through local and national carriers;”.

Amend the resolution, page 2, by deleting line 43 and inserting: “their service;

10. Consideration of requiring nonstate public employers’ benefit plans to include reinstatement rights for their retirees, as currently required by the Public Employees’ Benefits Program;

11. Consideration of options for prefunding retiree health benefits for all members of the Public Employees’ Benefits Program;

12. Consideration of a state subsidy mechanism providing for a specific dollar amount or a specific percentage of the cost for employees and separately for their dependents, including an appropriate funding method;

13. A review of this state’s retiree subsidy formula for past, present and future retirees and an appropriate funding method to address the current structural deficit;

14. Consideration of the feasibility, desirability and financial impact of authorizing large groups of participants to withdraw from the Public Employees’ Benefits Program to obtain group insurance from other sources;

15. Consideration of the feasibility and financial impact of the State of Nevada forming one or more purchasing coalitions with surrounding states or private entities, or both; and

16. An analysis and review of issues related to:

(a) Pharmaceutical programs that are designed to reduce the price of prescription drugs for:

(1) Persons of low income in this state;

(2) Enrollees in this state’s health benefits plan; and

(3) Participants in programs administered by this state that make available or provide prescription drugs;

(b) Prescription drug buying clubs that are used in other states and the potential for such clubs to assist the residents of this state in reducing their expenses for prescription drugs;

(c) Methods to access manufacturer rebates for prescription drugs to assist the residents of this state in reducing their expenses for prescription drugs;

(d) Interagency bulk purchasing and interstate buying of prescription drugs to reduce the prices of prescription drugs for this state’s programs and health benefits plan;

(e) Methods to negotiate for lower prices on prescription drugs and a plan to carry out the methods; and

(f) Methods to control the prices of prescription drugs for this state’s programs that provide pharmaceutical assistance to persons of low income in this state and for enrollees in this state’s health benefits plan; and be it further”.

Assemblywoman Giunchigliani moved the adoption of the amendment.

Remarks by Assemblywoman Giunchigliani.

Amendment adopted.

Resolution ordered reprinted, engrossed, and to Resolution File.

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

Assembly in recess at 11:46 a.m.

ASSEMBLY IN SESSION

At 11:53 a.m.

Mr. Speaker presiding.

Quorum present.

INTRODUCTION, FIRST READING AND REFERENCE

Senate Bill No. 191.

Assemblyman Oceguera moved that the bill be referred to the Committee on Ways and Means.

Motion carried.

Senate Bill No. 263.

Assemblyman Oceguera moved that the bill be referred to the Committee on Ways and Means.

Motion carried.

Senate Bill No. 324.

Assemblyman Oceguera moved that the bill be referred to the Committee on Ways and Means.

Motion carried.

SECOND READING AND AMENDMENT

Assembly Bill No. 418.

Bill read second time.

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

Amendment No. 835.

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. 1. Notwithstanding any other provision of law to the contrary, the State Public Works Board shall, with respect to two separate projects for new construction or major repairs that are approved by the Legislature for the 2003-2005 biennium, solicit bids for a contract for a private person or business to perform the duties described in subsection 3. In carrying out the provisions of this subsection, the Board may select one private person or business to perform the duties described in subsection 3 in regard to both such projects or the Board may select different private persons or businesses to perform the duties described in subsection 3 in regard to each such project.

2. The Board shall award and execute each contract for which bids are required to be solicited pursuant to subsection 1 as soon as practicable after the projects for new construction or major repairs are approved by the Legislature and selected by the Board. The cost of each contract awarded and executed pursuant to this section must be financed from the capital construction program approved by the Legislature.

3. The private person or business with whom the Board contracts pursuant to subsections 1 and 2 shall:

(a) Before the letting of contracts for the applicable project, assist and make recommendations to the Board with regard to, as appropriate:

(1) The choosing of an architect for the project;

(2) The determination of the scope of the project;

(3) The determination of the design of the project;

(4) The handling and management of documents relating to the construction of the project;

(5) The soliciting and acceptance of bids for the construction of the project;

(6) If necessary, the revision of bids for the construction of the project; and

(7) The letting of contracts for the construction of the project; and

(b) After the letting of contracts for the applicable project:

(1) Supervise the work performed on the project;

(2) Inspect the work performed on the project; and

(3) Manage the work performed on the project.

Sec. 2. This act becomes effective on July 1, 2003, and expires by limitation on June 30, 2007.”.

Amend the title of the bill to read as follows:

“AN ACT relating to the State Public Works Board; requiring the Board to contract with a private person or business to perform certain duties in regard to certain projects for new construction or major repairs that are approved for the 2003-2005 biennium; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY¾Privatizes temporarily certain duties of State Public Works Board. (BDR 28‑1189)”.

Assemblyman Arberry moved the adoption of the amendment.

Remarks by Assemblyman Arberry.

Amendment adopted.

Bill ordered reprinted, engrossed, and to third reading.

Senate Bill No. 18.

Bill read second time and ordered to third reading.

Senate Bill No. 168.

Bill read second time.

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

Amendment No. 812.

Amend the bill as a whole by deleting sec. 9 and adding:

“Sec. 9. (Deleted by amendment.)”.

Amend the title of the bill, fifteenth through nineteenth lines, by deleting: “requiring a person who wishes to contest a decision of the Administrator of the Division to impose an administrative fine or benefit penalty to file a notice of an appeal with an appeals officer within a certain period;”.

Assemblyman Goldwater moved the adoption of the amendment.

Remarks by Assemblyman Goldwater.

Amendment adopted.

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

Senate Bill No. 193.

Bill read second time.

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

Amendment No. 813.

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

Amend sec. 2, page 2, line 19, by deleting: “3 and NRS 616A.185,” and inserting “3,”.

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

“AN ACT relating to industrial insurance; extending the coverage of industrial”.

Assemblyman Goldwater moved the adoption of the amendment.

Remarks by Assemblyman Goldwater.

Amendment adopted.

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

Senate Bill No. 249.

Bill read second time.

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

Amendment No. 789.

Amend sec. 3, page 1, by deleting lines 8 and 9 and inserting: “consisting of 9 members appointed by the Legislative Commission, is hereby created. Appointments to the Commission must be made from a list of persons recommended to the Legislative Commission by organizations and other entities which represent or promote the interests of minority groups in this state.”.

Amend sec. 3, page 1, line 11, by deleting “groups.” and inserting: “groups that reflects the general population of this state.”.

Amend sec. 3, page 2, by deleting lines 1 through 8 and inserting:

“3. The members of the Commission shall elect a Chairman and a Vice Chairman from among its members.

4. The term of office of the Chairman and the Vice Chairman is
2 years.”.

Amend sec. 4, page 2, line 12, by deleting “3” and inserting “2”.

Amend sec. 4, page 2, line 17, by deleting “Governor.” and inserting “Legislative Commission.”.

Amend sec. 7, page 2, by deleting lines 40 through 42 and inserting:

“3. Study the:

(a) Availability of employment for minorities in this state, and the manner in which minorities are employed;

(b) Manner in which minorities can be encouraged to start and manage their own businesses successfully; and

(c) Availability of affordable housing for minorities;”.

Amend sec. 11, page 3, line 29, by deleting “Governor” and inserting “Legislative Commission”.

Amend sec. 11, page 3, line 32, by deleting “Four” and inserting “Five”.

Amend sec. 11, page 3, by deleting line 33.

Amend sec. 12, page 3, line 34, by deleting “2003.” and inserting: “2003, and expires by limitation on June 30, 2007.”.

Amend the title of the bill, first and second lines, by deleting: “the Executive Department of State Government;” and inserting “minority groups;”.

Assemblywoman Giunchigliani moved the adoption of the amendment.

Remarks by Assemblywoman Giunchigliani.

Amendment adopted.

Assemblywoman Giunchigliani moved that upon return from the printer Senate Bill No. 249 be re-referred to the Committee on Ways and Means.

Motion carried.

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

Senate Bill No. 264.

Bill read second time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 728.

Amend sec. 5, page 4, by deleting lines 21 and 22 and inserting: “the safety of the public; and”.

Amend sec. 5, page 4, by deleting lines 26 through 28 and inserting:

“(1) Physically incapacitated ~~[;]~~ or in ill health; or

(2) In ill health and expected to die within 12 months.”.

Assemblyman Anderson moved the adoption of the amendment.

Remarks by Assemblyman Anderson.

Amendment adopted.

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

Senate Bill No. 306.

Bill read second time.

The following amendment was proposed by the Committee on Education:

Amendment No. 746.

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

Amend section 1, page 1, line 7, after “student.” by inserting: “For the purpose of assessing fees and charges against a person to whom a waiver is granted pursuant to this subsection, including, without limitation, tuition charges pursuant to NRS 396.540, such a person shall be deemed to be a bona fide resident of this state.”.

Amend section 1, page 1, by deleting lines 10 through 12.

Amend section 1, page 1, line 13, by deleting “(b)” and inserting “(a)”.

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

Amend section 1, page 2, line 6, by deleting “tuition,”.

Amend section 1, page 2, line 14, by deleting “tuition,”.

Assemblyman Williams moved the adoption of the amendment.

Remarks by Assemblyman Williams.

Amendment adopted.

Assemblyman Williams moved that upon return from the printer
Senate Bill No. 306 be re-referred to the Committee on Ways and Means.

Motion carried.

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

Senate Bill No. 320.

Bill read second time.

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

Amendment No. 816.

Amend the bill as a whole by deleting sections 1 and 2, renumbering sections 3 and 4 as sections 6 and 7 and adding new sections designated sections 1 through 5, following the enacting clause, to read as follows:

“Section 1. Chapter 616A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

Sec. 2. “External review organization” means an organization which has been issued a certificate pursuant to section 3 of this act that authorizes the organization to conduct external reviews for the purposes of chapters 616A to 616D, inclusive, of NRS.

Sec. 3. 1. If the Commissioner determines that an external review organization is qualified to conduct external reviews for the purposes of chapters 616A to 616D, inclusive, of NRS, the Commissioner shall issue a certificate to the external review organization that authorizes the organization to conduct such external reviews in accordance with the provisions of section 5 of this act and the regulations adopted by the Commissioner.

2. The Commissioner shall adopt regulations setting forth the procedures that an external review organization must follow to be issued a certificate to conduct external reviews. The regulations must include, without limitation, provisions setting forth:

(a) The manner in which an external review organization may apply for a certificate and the requirements for the issuance and renewal of the certificate pursuant to this section;

(b) The grounds for which the Commissioner may refuse to issue, suspend, revoke or refuse to renew a certificate issued pursuant to this section;

(c) The manner and circumstances under which an external review organization is required to conduct its business; and

(d) A fee for issuing or renewing a certificate of an external review organization pursuant to this section. The fee must not exceed the cost of issuing or renewing the certificate.

3. A certificate issued pursuant to this section expires 1 year after it is issued and may be renewed in accordance with regulations adopted by the Commissioner.

4. Before the Commissioner may issue a certificate to an external review organization, the external review organization must:

(a) Demonstrate to the satisfaction of the Commissioner that it is able to carry out, in a timely manner, the duties of an external review organization as set forth in section 5 of this act and the regulations adopted by the Commissioner. The demonstration must include, without limitation, proof that the external review organization employs, contracts with or otherwise retains only persons who are qualified because of their education, training, professional licensing and experience to perform the duties assigned to those persons; and

(b) Provide assurances satisfactory to the Commissioner that the external review organization will:

(1) Conduct external reviews in accordance with the provisions of section 5 of this act and the regulations adopted by the Commissioner;

(2) Render its decisions in a clear, consistent, thorough and timely manner; and

(3) Avoid conflicts of interest.

5. For the purposes of this section, an external review organization has a conflict of interest if the external review organization or any employee, agent or contractor of the external review organization who conducts an external review has a professional, familial or financial interest of a material nature with respect to any person who has a substantial interest in the outcome of the external review, including, without limitation:

(a) The claimant;

(b) The employer; or

(c) The insurer or any officer, director or management employee of the insurer.

6. The Commissioner shall not issue a certificate to an external review organization that is affiliated with:

(a) An organization for managed care which provides comprehensive medical and health care services to employees for injuries or diseases pursuant to chapters 616A to 617, inclusive, of NRS;

(b) An insurer;

(c) A third-party administrator; or

(d) A national, state or local trade association.

7. An external review organization which is certified or accredited by an accrediting body that is nationally recognized shall be deemed to have satisfied all the conditions and qualifications required for the external review organization to be issued a certificate pursuant to this section.

Sec. 4. NRS 616A.025 is hereby amended to read as follows:

616A.025 As used in chapters 616A to 616D, inclusive, of NRS, unless the context otherwise requires, the words and terms defined in
NRS 616A.030 to 616A.360, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.

Sec. 5. Chapter 616C of NRS is hereby amended by adding thereto a new section to read as follows:

1. Not later than 5 business days after the date that an external review organization receives a request for an external review, the external review organization shall:

(a) Review the documents and materials submitted for the external review; and

(b) Notify the injured employee, his employer and the insurer whether the external review organization needs any additional information to conduct the external review.

2. The external review organization shall render a decision on the matter not later than 15 business days after the date that it receives all information that is necessary to conduct the external review.

3. In conducting the external review, the external review organization shall consider, without limitation:

(a) The medical records of the insured;

(b) Any recommendations of the physician of the insured; and

(c) Any other information approved by the Commissioner for consideration by an external review organization.

4. In its decision, the external review organization shall specify the reasons for its decision. The external review organization shall submit a copy of its decision to:

(a) The injured employee;

(b) The employer;

(c) The insurer; and

(d) The appeals officer, if any.

5. The insurer shall pay the costs of the services provided by the external review organization.

6. The Commissioner shall adopt regulations to govern the process of external review and to carry out the provisions of this section. The regulations must provide that:

(a) All parties must agree to the submission of a matter to an external review organization before a request for external review may be submitted;

(b) A party may not be ordered to submit a matter to an external review organization; and

(c) The findings and decisions of an external review organization are not binding.”.

Amend sec. 4, page 3, by deleting lines 29 through 31 and inserting:

“2. A hearing must not be scheduled until the following information is provided to the hearing officer:

(a) The name of:”.

Amend sec. 4, page 3, by deleting line 34 and inserting:

“(3) The insurer or third-party administrator;”.

Amend the bill as a whole by renumbering sec. 5 as sec. 9 and adding a new section designated sec. 8, following sec. 4, to read as follows:

“Sec. 8. NRS 616C.330 is hereby amended to read as follows:

616C.330 1. The hearing officer shall:

(a) ~~[Within]~~ Except as otherwise provided in subsection 2 of
NRS 616C.315, within 5 days after receiving a request for a hearing, set the hearing for a date and time within 30 days after his receipt of the request;

(b) Give notice by mail or by personal service to all interested parties to the hearing at least 15 days before the date and time scheduled; and

2. The notice must include a statement that the injured employee may be represented by a private attorney or seek assistance and advice from the Nevada Attorney for Injured Workers.

3. If necessary to resolve a medical question concerning an injured employee’s condition or to determine the necessity of treatment for which authorization for payment has been denied, the hearing officer may refer the employee to a physician or chiropractor of his choice who has demonstrated special competence to treat the particular medical condition of the employee. If the medical question concerns the rating of a permanent disability, the hearing officer may refer the employee to a rating physician or chiropractor. The rating physician or chiropractor must be selected in rotation from the list of qualified physicians and chiropractors maintained by the Administrator pursuant to subsection 2 of NRS 616C.490, unless the insurer and injured employee otherwise agree to a rating physician or chiropractor. The insurer shall pay the costs of any medical examination requested by the hearing officer.

4. If an injured employee has requested payment for the cost of obtaining a second determination of his percentage of disability pursuant to
NRS 616C.100, the hearing officer shall decide whether the determination of the higher percentage of disability made pursuant to NRS 616C.100 is appropriate and, if so, may order the insurer to pay to the employee an amount equal to the maximum allowable fee established by the Administrator pursuant to NRS 616C.260 for the type of service performed, or the usual fee of that physician or chiropractor for such service, whichever is less.

5. The hearing officer shall order an insurer, organization for managed care or employer who provides accident benefits for injured employees pursuant to NRS 616C.265 to pay the charges of a provider of health care if the conditions of NRS 616C.138 are satisfied.

6. The hearing officer may allow or forbid the presence of a court reporter and the use of a tape recorder in a hearing.

7. The hearing officer shall render his decision within 15 days after:

(a) The hearing; or

(b) He receives a copy of the report from the medical examination he requested.

8. The hearing officer shall render his decision in the most efficient format developed by the Chief of the Hearings Division of the Department of Administration.

9. The hearing officer shall give notice of his decision to each party by mail. He shall include with the notice of his decision the necessary forms for appealing from the decision.

10. Except as otherwise provided in NRS 616C.380, the decision of the hearing officer is not stayed if an appeal from that decision is taken unless an application for a stay is submitted by a party. If such an application is submitted, the decision is automatically stayed until a determination is made on the application. A determination on the application must be made within 30 days after the filing of the application. If, after reviewing the application, a stay is not granted by the hearing officer or an appeals officer, the decision must be complied with within 10 days after the refusal to grant a stay.”.

Amend sec. 5, page 4, by deleting lines 27 through 29 and inserting:

“2. A hearing must not be scheduled until the following information is provided to the appeals officer:

(a) The name of:”.

Amend sec. 5, page 4, by deleting line 32 and inserting:

“(3) The insurer or third-party administrator;”.

Amend sec. 5, page 4, by deleting line 34 and inserting:

“(c) If applicable, a copy of the letter of determination being”.

Amend sec. 5, page 5, line 15, by deleting “subsection,” and inserting: “ subsection ~~[,]~~ and subsection 2,”.

Amend the bill as a whole by renumbering sec. 6 as sec. 12 and adding new sections designated sections 10 and 11, following sec. 5, to read as follows:

“Sec. 10. NRS 616C.360 is hereby amended to read as follows:

616C.360 1. A stenographic or electronic record must be kept of the hearing before the appeals officer and the rules of evidence applicable to contested cases under chapter 233B of NRS apply to the hearing.

2. The appeals officer must hear any matter raised before him on its merits, including new evidence bearing on the matter.

3. If ~~[necessary to resolve]~~ there is a medical question or dispute concerning an injured employee’s condition or ~~[to determine]~~ concerning the necessity of treatment for which authorization for payment has been denied, the medical question or dispute is relevant to an issue involved in the matter before the appeals officer and all parties agree to the submission of the matter to an external review organization, the appeals officer [may refer the employee to a physician or chiropractor of his choice who has demonstrated special competence to treat the particular medical condition of the employee. If the medical question concerns the rating of a permanent disability, the appeals officer may refer the employee to a rating physician or chiropractor. The rating physician or chiropractor must be selected in rotation from the list of qualified physicians or chiropractors maintained by the Administrator pursuant to subsection 2 of NRS 616C.490, unless the insurer and the injured employee otherwise agree to a rating physician or chiropractor. The insurer shall pay the costs of any examination requested by the appeals officer.] must submit the matter to an external review organization in accordance with section 5 of this act and the regulations adopted by the Commissioner.

4. If an injured employee has requested payment for the cost of obtaining a second determination of his percentage of disability pursuant to
NRS 616C.100, the appeals officer shall decide whether the determination of the higher percentage of disability made pursuant to NRS 616C.100 is appropriate and, if so, may order the insurer to pay to the employee an amount equal to the maximum allowable fee established by the Administrator pursuant to NRS 616C.260 for the type of service performed, or the usual fee of that physician or chiropractor for such service, whichever is less.

5. The appeals officer shall order an insurer, organization for managed care or employer who provides accident benefits for injured employees pursuant to NRS 616C.265 to pay the charges of a provider of health care if the conditions of NRS 616C.138 are satisfied.

6. Any party to the appeal or the appeals officer may order a transcript of the record of the hearing at any time before the seventh day after the hearing. The transcript must be filed within 30 days after the date of the order unless the appeals officer otherwise orders.

7. The appeals officer shall render his decision:

(a) If a transcript is ordered within 7 days after the hearing, within 30 days after the transcript is filed; or

(b) If a transcript has not been ordered, within 30 days after the date of the hearing.

8. The appeals officer may affirm, modify or reverse any decision made by the hearing officer and issue any necessary and proper order to give effect to his decision.

Sec. 11. Notwithstanding the amendatory provisions of this act, an appeals officer shall not submit a matter for external review pursuant to
NRS 616C.360, as amended by this act, until the Commissioner of Insurance has issued a certificate pursuant to section 3 of this act to at least one external review organization that is qualified to conduct an external review of the matter.”.

Amend sec. 6, page 5, line 38, by deleting: “4 and 5” and inserting:
“7 and 9”.

Amend sec. 6, page 5, by deleting line 40 and inserting:

“2. Sections 1 to 6, inclusive, 8, 10 and 11 of this act become effective upon passage and”.

Amend sec. 6, page 6, by deleting lines 1 and 2.

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

“AN ACT relating to industrial insurance; establishing a system of external review for certain matters relating to industrial insurance; providing for the regulation and certification of certain external review organizations; providing for the payment of certain regulatory fees by external review organizations; revising various”.

Assemblyman Goldwater moved the adoption of the amendment.

Remarks by Assemblyman Goldwater.

Amendment adopted.

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

Senate Bill No. 329.

Bill read second time.

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

Amendment No. 793.

Amend section 1, page 2, by deleting lines 19 and 20 and inserting: “direct the Committee to Review Regulations to examine any temporary regulation that a”.

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

“Sec. 5. NRS 233B.067 is hereby amended to read as follows:

233B.067 1. After adopting a permanent regulation, the agency shall submit the informational statement prepared pursuant to NRS 233B.066 and one copy of each regulation adopted to the Legislative Counsel for review by the Legislative Commission, which may refer it to a joint interim committee, to determine whether the regulation conforms to the statutory authority pursuant to which it was adopted and whether the regulation carries out the intent of the Legislature in granting that authority. The Legislative Counsel shall endorse on the original and the copy of each adopted regulation the date of their receipt. The Legislative Counsel shall maintain the copy of the regulation in a file and make the copy available for public inspection for
2 years.

2. If an agency submits an adopted regulation to the Legislative Counsel pursuant to subsection 1 that:

(a) The agency is required to adopt pursuant to a federal statute or regulation; and

(b) Exceeds the specific statutory authority of the agency or sets forth requirements that are more stringent than a statute of this state,

it shall include a statement that adoption of the regulation is required by a federal statute or regulation. The statement must include the specific citation of the federal statute or regulation requiring such adoption.

3. The Legislative Commission, or the joint interim committee if the Commission has referred it to such a committee, shall review the regulation at its next regularly scheduled meeting if the regulation is received more than 10 working days before the meeting and a regular meeting is held within
35 days after receipt of the regulation. The Commission may appoint a ~~[committee]~~ Committee to Review Regulations composed of three or more members of the Commission or any joint interim committee to examine proposed regulations received more than 35 days before a regular meeting is scheduled to be held.

4. The Legislative Commission shall notify the Legislative Counsel of the results of its review within 30 days after receipt of the regulation from the agency. If the Commission does not object to the regulation, the Legislative Counsel shall file it with the Secretary of State within 35 days after receipt from the agency and notify the agency of the filing. If the Commission objects to the regulation after determining that:

(a) If subsection 2 is applicable, the regulation is not required pursuant to a federal statute or regulation;

(b) The regulation does not conform to statutory authority; or

(c) The regulation does not carry out legislative intent, the Legislative Counsel shall attach to the regulation a written notice of the objection of the Commission, including a statement of the reasons for its objection, and shall promptly return the regulation to the agency.”.

Assemblywoman Giunchigliani moved the adoption of the amendment.

Remarks by Assemblywoman Giunchigliani.

Amendment adopted.

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

Senate Bill No. 355.

Bill read second time.

The following amendment was proposed by the Committee on Transportation:

Amendment No. 787.

Amend the bill as a whole by deleting sec. 5.5 and adding:

“Sec. 5.5. (Deleted by amendment.)”.

Amend sec. 11, page 3, by deleting lines 20 through 22 and inserting: “vehicles not of the current model year ~~[.]~~ if delivered to the dealer during the 18-month period immediately preceding the effective date of the termination or refusal to continue the franchise. As used in this paragraph, a “new vehicle” is one which has not been damaged , ~~[or]~~ materially altered ~~[and registers 50 miles or less on its odometer.]~~ or registered with the Department or with the appropriate agency of authority of any other state, the District of Columbia, any territory or possession of the United States or any foreign state, province or country.”.

Amend the bill as a whole by renumbering sections 14 through 23 as sections 15 through 24 and adding a new section designated sec. 14, following sec. 13, to read as follows:

“Sec. 14. NRS 482.36366 is hereby amended to read as follows:

482.36366 1. Each witness, other than an officer or employee of the State or of a political subdivision of the State ~~[,]~~ or an expert witness, who appears by order of the Director in a hearing pursuant to NRS 482.36311 to 482.36425, inclusive, and sections 2 and 3 of this act, is entitled to receive for his attendance the same fees allowed by law to witnesses in civil cases. ~~[The]~~ Except as otherwise provided in subsection 2, the amount must be paid by the party at whose request the witness is ordered to appear.

2. The Director may assess other costs against the parties as he deems appropriate. After any hearing on a protest filed pursuant to NRS 482.36352, 482.36354 or 482.36357, if the Director determines that the manufacturer or distributor has failed to establish that there is good cause to terminate, refuse to continue, modify or replace a franchise, or to establish an additional dealership or relocate an existing dealership, the Director shall award to the dealer his attorney’s fees and costs.

3. For the purposes of this section, “costs” includes:

(a) Except as otherwise provided in paragraph (b), any applicable cost set forth in NRS 18.005; and

(b) The actual amount of any fees paid by a dealer to an expert witness in connection with the hearing.”.

Amend the title of the bill to read as follows:

“AN ACT relating to vehicles; extending under certain circumstances the coverage of provisions relating to franchises for motor vehicles to include recreational vehicles designed to be mounted upon or drawn by a motor vehicle; revising the provision regarding the compensation owed to a dealer upon the termination or discontinuance of a franchise; requiring the Director of the Department of Motor Vehicles under certain circumstances to award attorney’s fees and costs to dealers; providing a penalty; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Makes various changes concerning franchises for vehicles. (BDR 43‑1238)”.

Assemblywoman Chowning moved the adoption of the amendment.

Remarks by Assemblywoman Chowning.

Amendment adopted.

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

Senate Bill No. 423.

Bill read second time.

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

Amendment No. 819.

Amend sec. 3, page 3, by deleting lines 21 through 23 and inserting: “an action in the district court of the county ~~[wherein the appealed claim or claims were filed against the Administrator]~~ where the employment which is the basis of the claim was performed for the review of the decision, in which action any”.

Amend the title of the bill by deleting the twelfth line and inserting: “in the district court of the county where the employment which is the basis of the claim was performed; and providing other”.

Assemblyman Goldwater moved the adoption of the amendment.

Remarks by Assemblyman Goldwater.

Amendment adopted.

Bill ordered reprinted, engrossed, and to third reading.

Senate Bill No. 425.

Bill read second time.

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

Amendment No. 820.

Amend the bill as a whole by deleting the enacting clause.

Assemblyman Goldwater moved the adoption of the amendment.

Remarks by Assemblyman Goldwater.

Amendment adopted.

Assemblyman Goldwater moved that upon return from the printer
Senate Bill No. 425 be placed on the Chief Clerk’s desk.

Motion carried.

Bill ordered reprinted, re-engrossed, and to the Chief Clerk’s desk.

Senate Bill No. 459.

Bill read second time.

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

Amendment No. 786.

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

“Section 1. NRS 439.630 is hereby amended to read as follows:

439.630 1. The Task Force for the Fund for a Healthy Nevada shall:

(a) Conduct public hearings to accept public testimony from a wide variety of sources and perspectives regarding existing or proposed programs that:

(1) Promote public health;

(2) Improve health services for children, senior citizens and persons with disabilities;

(3) Reduce or prevent the use of tobacco;

(4) Reduce or prevent the abuse of and addiction to alcohol and drugs; and

(5) Offer other general or specific information on health care in this state.

(b) Establish a process to evaluate the health and health needs of the residents of this state and a system to rank the health problems of the residents of this state, including, without limitation, the specific health problems that are endemic to urban and rural communities.

(c) Reserve not more than 30 percent of all revenues deposited in the Fund for a Healthy Nevada each year for direct expenditure by the Department to pay for prescription drugs , ~~[and]~~ pharmaceutical services and limited-scope dental and vision benefits for senior citizens pursuant to NRS 439.635 to 439.690, inclusive. From the money reserved to the Department pursuant to this paragraph, the Department shall subsidize all of the cost of policies of health insurance that provide coverage to senior citizens for prescription drugs , ~~[and]~~ pharmaceutical services and limited-scope dental and vision benefits pursuant to NRS 439.635 to 439.690, inclusive. The Department shall consider recommendations from the Task Force for the Fund for a Healthy Nevada in carrying out the provisions of NRS 439.635 to 439.690, inclusive. The Department shall submit a quarterly report to the Governor, the Task Force for the Fund for a Healthy Nevada and the Interim Finance Committee regarding the general manner in which expenditures have been made pursuant to this paragraph and the status of the program.

(d) Reserve not more than 30 percent of all revenues deposited in the Fund for a Healthy Nevada each year for allocation by the Aging Services Division of the Department in the form of grants for existing or new programs that assist senior citizens with independent living, including, without limitation, programs that provide:

(1) Respite care or relief of family caretakers;

(2) Transportation to new or existing services to assist senior citizens in living independently; and

(3) Care in the home which allows senior citizens to remain at home instead of in institutional care. The Aging Services Division of the Department shall consider recommendations from the Task Force for the Fund for a Healthy Nevada concerning the independent living needs of senior citizens.

(e) Allocate for expenditure not more than 20 percent of all revenues deposited in the Fund for a Healthy Nevada each year for programs that prevent, reduce or treat the use of tobacco and the consequences of the use of tobacco.

(f) Allocate for expenditure not more than 20 percent of all revenues deposited in the Fund for a Healthy Nevada each year for programs that improve health services for children and the health and well-being of persons with disabilities.

(g) Maximize expenditures through local, federal and private matching contributions.

(h) Ensure that any money expended from the Fund for a Healthy Nevada will not be used to supplant existing methods of funding that are available to public agencies.

(i) Develop policies and procedures for the administration and distribution of grants and other expenditures to state agencies, political subdivisions of this state, nonprofit organizations, universities and community colleges. A condition of any such grant must be that not more than 8 percent of the grant may be used for administrative expenses or other indirect costs. The procedures must require at least one competitive round of requests for proposals per fiscal year.

(j) To make the allocations required by paragraphs (e) and (f):

(1) Prioritize and quantify the needs for these programs;

(2) Develop, solicit and accept grant applications for allocations;

(3) Conduct annual evaluations of programs to which allocations have been awarded; and

(4) Submit annual reports concerning the programs to the Governor and the Interim Finance Committee.

(k) Transmit a report of all findings, recommendations and expenditures to the Governor and each regular session of the Legislature.

2. The Task Force may take such other actions as are necessary to carry out its duties.

3. The Department shall take all actions necessary to ensure that all allocations for expenditures made by the Task Force are carried out as directed by the Task Force.

4. To make the allocations required by paragraph (d) of subsection 1, the Aging Services Division of the Department shall:

(a) Prioritize and quantify the needs of senior citizens for these programs;

(b) Develop, solicit and accept grant applications for allocations;

(c) As appropriate, expand or augment existing state programs for senior citizens upon approval of the Interim Finance Committee;

(d) Award grants or other allocations;

(e) Conduct annual evaluations of programs to which grants or other allocations have been awarded; and

(f) Submit annual reports concerning the grant program to the Governor and the Interim Finance Committee.

5. The Aging Services Division of the Department shall submit each proposed grant which would be used to expand or augment an existing state program to the Interim Finance Committee for approval before the grant is awarded. The request for approval must include a description of the proposed use of the money and the person or entity that would be authorized to expend the money. The Aging Services Division of the Department shall not expend or transfer any money allocated to the Aging Services Division pursuant to this section to subsidize any portion of the cost of policies of health insurance that provide coverage to senior citizens for prescription drugs and pharmaceutical services pursuant to NRS 439.635 to 439.690, inclusive.

6. The Department, on behalf of the Task Force, shall submit each allocation proposed pursuant to paragraph (e) or (f) of subsection 1 which would be used to expand or augment an existing state program to the Interim Finance Committee for approval before the grant is awarded. The request for approval must include a description of the proposed use of the money and the person or entity that would be authorized to expend the money.”.

Amend section 1, page 1, by deleting line 6 and inserting: “drugs , ~~[and]~~ pharmaceutical services ~~[.]~~ and limited-scope dental and vision benefits.”.

Amend section 1, page 2, by deleting lines 14 and 15 and inserting: “the annual cost of insurance that ~~[provides coverage for prescription drugs and pharmaceutical services,]~~ is made available pursuant to subsection 1, including premiums and”.

Amend section 1, page 2, line 38, after “coverage” by inserting: “for dental or vision benefits or coverage”.

Amend section 1, page 2, by deleting line 45 and inserting: “prescription drugs , ~~[and]~~ pharmaceutical services and limited-scope dental and vision benefits for senior citizens”.

Amend section 1, page 3, by deleting lines 4 and 5 and inserting: “~~[if]~~ to the extent that the Department provides assistance ~~[with prescription drugs and pharmaceutical services for senior citizens]~~ pursuant to subsection 6.”.

Amend the title of the bill to read as follows:

“AN ACT relating to public health; providing subsidies from the Fund for a Healthy Nevada for the coverage of limited-scope dental and vision benefits within the program of subsidies for the provision of prescription drugs and pharmaceutical services to senior citizens; revising the amount of the limit on the income of a senior citizen to qualify for a subsidy for the provision of prescription drugs, pharmaceutical services and limited-scope dental and vision benefits from money in the Fund; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Revises provisions concerning health benefits for senior citizens subsidized by money in Fund for a Healthy Nevada. (BDR 40‑1247)”.

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. 19.

Bill read second time.

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

Amendment No. 809.

Amend sec. 8, page 5, line 31, by deleting: “~~[paragraph (b) of subsection 1]~~ subsection 2” and inserting: “paragraph (b) of subsection 1”.

Amend sec. 8, page 5, line 34, after “inclusive,” by inserting: “and sections 2, 3 and 4 of this act,”.

Amend sec. 9, page 7, line 35, by deleting “~~[1.]~~” and inserting “1.”.

Amend sec. 9, page 7, by deleting lines 38 through 45 and inserting:

“(a) NRS 338.1377 to 338.139, inclusive ~~[;]~~ , and sections 2, 3 and 4 of this act; or

(b) NRS 338.143 to 338.148, inclusive ~~[.]~~ , and sections 5, 6 and 7 of this act.

2. The provisions of NRS 338.1375 to 338.1383, inclusive, and 338.139 and sections 2 to 7, inclusive, of this act do not apply with respect to contracts for the construction, reconstruction, improvement and maintenance of highways that are awarded by the Department of Transportation pursuant to NRS 408.313 to 408.433, inclusive.”.

Amend sec. 10, page 8, line 5, by deleting: “~~[paragraph (a) of]~~” and inserting: “paragraph (a) of”.

Amend sec. 10, page 9, line 35, by deleting: “; ~~[or 408.327;]~~” and inserting “or 408.327;”.

Amend sec. 11, page 10, line 5, by deleting: “~~[paragraph (a) of]~~” and inserting: “paragraph (a) of”.

Amend sec. 11, page 11, line 36, by deleting: “; ~~[or 408.327;]~~” and inserting “or 408.327;”.

Amend sec. 13, page 15, line 23, by deleting: “~~[paragraph (b) of subsection 1]~~ subsection 2” and inserting: “paragraph (b) of subsection 1”.

Amend sec. 13, page 16, line 40, by deleting: “; ~~[or 408.327;]~~” and inserting “or 408.327;”.

Amend sec. 14, page 17, lines 9 and 10, by deleting: “~~[paragraph (b) of subsection 1]~~ subsection 2” and inserting: “paragraph (b) of subsection 1”.

Amend sec. 14, page 18, line 32, by deleting: “; ~~[or 408.327;]~~” and inserting “or 408.327;”.

Amend the bill as a whole by deleting sections 16 and 17 and adding:

“Secs. 16 and 17. (Deleted by amendment.)”.

Amend the bill as a whole by deleting sections 20 through 26 and adding:

“Secs. 20-26. (Deleted by amendment.)”.

Amend the bill as a whole by deleting the leadlines of repealed sections.

Amend the title of the bill by deleting the seventh through tenth lines and inserting: “from certain duties; and providing other”.

Amend the summary of the bill to read as follows:

“SUMMARY—Makes various changes relating to advertising and awarding contracts for certain smaller public works projects. (BDR 28‑409)”.

Assemblyman Goldwater moved the adoption of the amendment.

Remarks by Assemblyman Goldwater.

Amendment adopted.

Bill ordered reprinted, engrossed, and to third reading.

Senate Bill No. 136.

Bill read second time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 776.

Amend sec. 4, page 4, by deleting line 9 and inserting: “section, if a unit’s owner ~~[,]~~ or a tenant or guest of a unit’s owner [,”.

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

“(a) Prohibit, for a reasonable time, the unit’s owner ~~[,]~~ or the tenant or guest of the unit’s owner ~~[,]~~ from:”.

Amend sec. 4, page 4, by deleting lines 18 and 19 and inserting: “subparagraph do not prohibit the unit’s owner ~~[,]~~ or the tenant or guest of the unit’s owner ~~[,]~~ from using any vehicular or pedestrian”.

Amend sec. 4, page 4, by deleting lines 22 and 23 and inserting:

“(b) ~~[Require]~~ Impose a fine against the unit’s owner ~~[,]~~ or the tenant or guest of the unit’s owner ~~[, to pay a fine]~~ for each”.

Amend sec. 4, pages 4 and 5, by deleting lines 31 through 45 on page 4 and lines 1 and 2 on page 5, and inserting:

“2. The executive board may not impose a fine pursuant to subsection 1 unless:”.

Amend sec. 4, page 5, line 15, by deleting “4.” and inserting “3.”.

Amend sec. 4, page 5, line 20, by deleting “5.” and inserting “4.”.

Amend sec. 4, page 5, by deleting line 27 and inserting:

“5. If a fine is imposed pursuant to subsection 1 and the”.

Amend sec. 4, page 5, line 38, by deleting “7.” and inserting “6.”.

Amend sec. 4, page 6, line 1, by deleting “8.” and inserting “7.”.

Assemblyman Anderson moved the adoption of the amendment.

Remarks by Assemblyman Anderson.

Amendment adopted.

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

Senate Bill No. 143.

Bill read second time.

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

Amendment No. 737.

Amend sec. 2, page 2, by deleting lines 4 and 5 and inserting:

“3. The public administrator of a county must:”.

Amend sec. 2, page 2, line 9, after “jurisdiction;” by inserting “and”.

Amend sec. 2, page 2, line 12, by deleting “conversion; and” and inserting “conversion.”.

Amend sec. 2, page 2, by deleting lines 13 through 26.

Amend the title of the bill to read as follows:

“AN ACT relating to public administrators; authorizing a board of county commissioners to examine and audit the money and property entrusted to the care of the public administrator of the county; revising the qualifications for public administrators; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Revises provisions governing public administrators. (BDR 20‑419)”.

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. 146.

Bill read second time.

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

Amendment No. 637.

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

“Section 1. NRS 332.015 is hereby amended to read as follows:

332.015 For the purpose of this chapter, unless the context otherwise requires, “local government” means:

1. Every political subdivision or other entity which has the right to levy or receive money from ad valorem taxes or other taxes or from any mandatory assessments, including counties, cities, towns, school districts and other districts organized pursuant to chapters 244, 309, 318, 379, 450, 473, 474, 539, 541, 543 and 555 of NRS.

2. The Las Vegas Valley Water District created pursuant to the provisions of chapter 167, Statutes of Nevada 1947, as amended.

3. County fair and recreation boards and convention authorities created pursuant to the provisions of NRS 244A.597 to ~~[244A.667,]~~ 244A.655, inclusive.

4. District boards of health created pursuant to the provisions of
NRS 439.370 to 439.410, inclusive.

5. The Nevada Rural Housing Authority.”.

Amend section 1, page 2, line 22, by deleting “and” and inserting “~~[and]~~”.

Amend section 1, page 2, line 23, after “(o)” by inserting: “Commercial advertising within a recreational facility operated by a county fair and recreation board; and

(p)”.

Amend the bill as a whole by renumbering sec. 3 as sec. 7 and adding new sections designated sections 4 through 6, following sec. 2, to read as follows:

“Sec. 4. NRS 244A.599 is hereby amended to read as follows:

244A.599 1. Whenever the board of county commissioners of any county or the Board of Supervisors of Carson City desires the powers granted in NRS 244A.597 to ~~[244A.667,]~~ 244A.655, inclusive, to be exercised, it shall, by resolution, determine that the interest of the county and the public interest, necessity or desirability require the exercise of those powers and the creation of a county fair and recreation board therefor, pursuant to the provisions of NRS 244A.597 to ~~[244A.667,]~~ 244A.655, inclusive. After approval of the resolution, the county or city clerk shall:

(a) Cause a copy of the resolution to be published promptly once in a newspaper published in and of general circulation in the county or city; and

(b) In the case of a county, cause a certified copy of the resolution to be mailed by registered or certified mail to the mayor or other chief executive officer of each incorporated city within the county.

2. In counties whose population is 100,000 or more, the county fair and recreation board must be selected as provided in NRS 244A.601 or 244A.603.

3. In counties whose population is less than 100,000, and in which there are more than two incorporated cities, each incorporated city, except an incorporated city which is the county seat, must be represented by one member and any incorporated city which is the county seat must be represented by four members. Within 30 days after the day of publication of the resolution or the day on which the last of the copies of the resolution was mailed, whichever day is later, the mayor or other chief executive officer shall, with the approval of the legislative body of the city, appoint a member or members of the city council or board of trustees to serve on the board for the remainder of his or their terms of office. The clerk or secretary of the city shall promptly certify the appointment by registered or certified mail to the county clerk.

4. In counties whose population is less than 100,000, and in which there are only two incorporated cities, each incorporated city must be represented by one member who must be appointed and certified as provided in subsection 3, and the board of county commissioners shall appoint four representatives as follows:

(a) Two members to represent the hotel or motel operators in the county.

(b) One member to represent the other commercial interests in the county.

5. In counties whose population is less than 100,000, and in which there are fewer than two incorporated cities, any incorporated city which is the county seat must be represented by one member, who must be appointed and certified as provided in subsection 3, and the board of county commissioners shall appoint three representatives as follows:

(a) One member to represent the motel operators in the county.

(b) One member to represent the hotel operators in the county.

6. In all counties whose population is less than 100,000, one member of the board of county commissioners must be appointed by the county commissioners to serve on the board for the remainder of his term of office.

7. In all counties whose population is less than 100,000, and in which there is no incorporated city, the board of county commissioners shall appoint one member to represent the county at large.

8. In Carson City, the Board of Supervisors shall appoint five representatives to the fair and recreation board established as provided in subsection 1 as follows:

(a) Two members to represent the hotel and motel operators in the city.

(b) One member to represent the other commercial interests in the city.

(d) One member to represent the city at large.

9. Members who are not elected officials shall serve for 2‑year terms.

10. The terms of all elected officials are coterminous with their terms of office. Any such member may succeed himself.

Sec. 5. NRS 244A.629 is hereby amended to read as follows:

244A.629 1. In addition to the powers conferred upon a county fair and recreation board by other provisions of NRS 244A.597 to ~~[244A.667,]~~ 244A.655, inclusive, a board, for the county, is empowered to borrow money or accept contributions, grants or other financial assistance from the Federal Government or any agency or instrumentality thereof, corporate or otherwise, for or in aid of any recreational facility within its area of operation, and to comply with such conditions, trust indentures, leases or agreements as may be necessary, convenient or desirable.

2. The purpose and intent of NRS 244A.597 to ~~[244A.667,]~~ 244A.655, inclusive, is to authorize every county to do any and all things necessary, convenient or desirable to secure the financial aid or cooperation of the Federal Government in the undertaking, acquisition, construction, maintenance or operation of any recreational facility of the county.

Sec. 6. NRS 244A.657, 244A.659, 244A.661, 244A.663, 244A.665 and 244A.667 are hereby repealed.”.

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

“

LEADLINES OF REPEALED SECTIONS

244A.657 Use of recreational facility and rental or lease of space in facility for commercial advertising authorized.

244A.659 Procedure for rental or lease of space in facility.

244A.661 Resolution of intent to lease: Contents.

244A.663 Resolution of intent to lease: Notice.

244A.665 Opening and examination of sealed proposals; acceptance or rejection of proposals.

244A.667 Oral bids; final acceptance or rejection of bid; execution of lease.”.

Amend the title of the bill, sixth line, by deleting “state;” and inserting: “state and commercial advertising within a recreational facility operated by a county fair and recreation board;”.

Assemblyman Manendo moved the adoption of the amendment.

Remarks by Assemblyman Manendo.

Amendment adopted.

Bill ordered reprinted, engrossed, and to third reading.

Senate Bill No. 175.

Bill read second time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 775.

Amend sec. 2, page 2, by deleting lines 20 through 30 and inserting: “that involves the use or attempted use of sabotage, coercion or violence which is intended to:

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

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

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

(2) Any natural resource or the environment.

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

Assemblyman Anderson moved the adoption of the amendment.

Remarks by Assemblyman Anderson.

Amendment adopted.

Assemblyman Anderson moved that upon return from the printer
Senate Bill No. 175 be placed on the Chief Clerk’s desk.

Motion carried.

Bill ordered reprinted, re-engrossed, and to the Chief Clerk’s desk.

Senate Bill No. 312.

Bill read second time.

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

Amendment No. 783.

Amend sec. 3, page 3, by deleting line 21 and inserting:

“1. Except as otherwise provided in subsection 2 and NRS 483.290, 483.860 and 486.081, with respect”.

Amend the bill as a whole by renumbering sec. 4 as sec. 7 and adding new sections designated sections 4 through 6, following sec. 3, to read as follows:

“Sec. 4. NRS 483.290 is hereby amended to read as follows:

483.290 1. Every application for an instruction permit or for a driver’s license must:

(a) Be made upon a form furnished by the Department.

(b) Be verified by the applicant before a person authorized to administer oaths. Officers and employees of the Department may administer those oaths without charge.

(d) State the full name, date of birth, sex and residence address of the applicant and briefly describe the applicant.

(e) State whether the applicant has theretofore been licensed as a driver, and, if so, when and by what state or country, and whether any such license has ever been suspended or revoked, or whether an application has ever been refused, and, if so, the date of and reason for the suspension, revocation or refusal.

(f) Include such other information as the Department may require to determine the competency and eligibility of the applicant.

2. Every applicant must furnish proof of his age by displaying:

(a) If the applicant was born in the United States, a birth certificate issued by a state or the District of Columbia or other proof of the date of birth of the applicant, including, but not limited to, a driver’s license issued by another state or the District of Columbia, or a baptismal certificate and other proof that is determined to be necessary and is acceptable to the Department; or

(b) If the applicant was born outside the United States, a Certificate of Citizenship, Certificate of Naturalization, Arrival-Departure Record,
Alien Registration Receipt Card, United States Citizen Identification Card or Letter of Authorization issued by the Immigration and Naturalization Service of the United States Department of Justice or a Report of Birth Abroad of a United States Citizen Child issued by the Department of State, a driver’s license issued by another state or the District of Columbia or other proof acceptable to the Department other than a passport issued by a foreign government.

3. At the time of applying for a driver’s license, an applicant may, if eligible, register to vote pursuant to NRS 293.524.

4. Every applicant who has been assigned a social security number must furnish proof of his social security number by displaying:

(a) An original card issued to the applicant by the Social Security Administration bearing the social security number of the applicant; or

(b) Other proof acceptable to the Department, including, but not limited to, records of employment or federal income tax returns.

5. Notwithstanding any other provision of this section, the Department shall not accept a consular identification card as proof of the age or identity of an applicant for an instruction permit or for a driver’s license. As used in this subsection, “consular identification card” has the meaning ascribed to it in section 3 of this act.

Sec. 5. NRS 483.860 is hereby amended to read as follows:

483.860 1. Every applicant for an identification card must furnish proof of his age by presenting a birth certificate issued by a state or the District of Columbia or other proof of the applicant’s date of birth, including, but not limited to, a driver’s license issued by another state or the District of Columbia, or a baptismal certificate and such other corroboration of the matters stated in his application as are required of applicants for a driver’s license.

2. Every applicant who has been assigned a social security number must furnish proof of his social security number by displaying:

(a) An original card issued to the applicant by the Social Security Administration bearing the applicant’s social security number; or

(b) Other proof acceptable to the Department, including, but not limited to, records of employment or federal income tax returns.

3. Notwithstanding any other provision of this section, the Department shall not accept a consular identification card as proof of the age or identity of an applicant for an identification card. As used in this subsection, “consular identification card” has the meaning ascribed to it in section 3 of this act.

Sec. 6. NRS 486.081 is hereby amended to read as follows:

486.081 1. Every application for a motorcycle driver’s license must be made upon a form furnished by the Department and must be verified by the applicant before a person authorized to administer oaths. Officers and employees of the Department may administer those oaths without charge.

2. Every application must:

(a) State the full name, date of birth, sex and residence address of the applicant;

(b) Briefly describe the applicant;

(d) State whether any such license has ever been suspended or revoked, or whether an application has ever been refused, and, if so, the date of and reason for such suspension, revocation or refusal; and

(e) Give such other information as the Department requires to determine the competency and eligibility of the applicant.

3. Every applicant shall furnish proof of his age by displaying:

(a) If he was born in the United States, a certified state-issued birth certificate, baptismal certificate, driver’s license issued by another state or the District of Columbia or other proof acceptable to the Department; or

(b) If he was born outside the United States, a:

(1) Certificate of Citizenship, Certificate of Naturalization,
Arrival-Departure Record, Alien Registration Receipt Card, United States Citizen Identification Card or Letter of Authorization issued by the Immigration and Naturalization Service of the Department of Justice;

(2) Report of Birth Abroad of a United States Citizen Child issued by the Department of State;

(3) Driver’s license issued by another state or the District of Columbia; or

(4) Passport issued by the United States Government.

4. Notwithstanding any other provision of this section, the Department shall not accept a consular identification card as proof of the age or identity of an applicant for a motorcycle driver’s license. As used in this subsection, “consular identification card” has the meaning ascribed to it in section 3 of this act.”.

Amend the title of the bill, sixth line, after “benefits;” by inserting: “prohibiting the Department of Motor Vehicles from accepting a consular identification card as proof of the age or identity of an applicant for an instruction permit, driver’s license, identification card or motorcycle driver’s license;”.

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. 328.

Bill read second time.

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

Amendment No. 647.

Amend sec. 10, page 3, between lines 28 and 29, by inserting:

“4. Membership in a regional development district is voluntary. Each county and city within the development region shall determine annually whether to remain or become a member of the regional development district. If a county or city determines to become a member of the district, it shall pay the dues established pursuant to subsection 3. A county or city that is not a member of the district is not entitled to be represented on the board.”.

Assemblyman Manendo moved the adoption of the amendment.

Remarks by Assemblyman Manendo.

Amendment adopted.

Bill ordered reprinted, engrossed, and to third reading.

Senate Bill No. 386.

Bill read second time.

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

Amendment No. 690.

Amend section 1, page 1, by deleting lines 8 through 11 and inserting: “patient at the facility or home, the facility or home shall allow visitation rights to any person designated by the patient in a letter, form or other document authorizing visitation executed in accordance with subsection 2. The visitation rights required by this subsection must be:

(a) Provided in accordance with the visitation policies of the facility or home; and

(b) The same visitation rights that are provided to a member of the patient’s family who is legally related to the patient.”.

Amend section 1, page 2, by deleting lines 4 through 8 and inserting:

“residential care may execute a letter, form or other document authorizing visitation in substantially the following form:”.

Amend section 1, page 2, by deleting lines 22 through 25 and inserting:

“....................................

(Signed)”.

Amend sec. 3, page 2, line 38, before “A” by inserting:

“1. The following persons, in the following order of priority, may order the burial of human remains of a deceased person:

(a) A person designated as the person with authority to order the burial of the human remains of the decedent in a legally valid document or in an affidavit executed in accordance with subsection 5;

(b) The spouse of the decedent;

(c) An adult son or daughter of the decedent;

(d) Either parent of the decedent;

(e) An adult brother or sister of the decedent;

(f) A grandparent of the decedent;

(g) A guardian of the person of the decedent at the time of death; and

(h) A person who held the primary domicile of the decedent in joint tenancy with the decedent at the time of death.

2. If the deceased person was an indigent or other person for whom the final disposition of the decedent’s remains is a responsibility of a county or the State, the appropriate public officer may order the burial of the remains and provide for the respectful disposition of the remains.

3. If the deceased person donated his body for scientific research or, before his death, a medical facility was made responsible for his final disposition, a representative of the scientific institution or medical facility may order the burial of his remains.

4. A living person may order the burial of human remains removed from his body or the burial of his body after his death. In the latter case, any person acting pursuant to his instructions is an authorized agent.

5.”.

Amend sec. 5, page 3, by deleting lines 31 through 33 and inserting:

“~~[(e)]~~ (f) A grandparent of the decedent; ~~[and~~

~~(f)]~~ (g) A guardian of the person of the decedent at the time of death [.] ; and

(h) A person who held the primary domicile of the decedent in joint tenancy with the decedent at the time of death.”.

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

Amend sec. 6, page 5, by deleting line 9 and inserting: “death; and

(h) A person who held the primary domicile of the decedent in joint tenancy with the decedent at the time of death.”.

Amend the title of the bill, sixth line, after “death;” by inserting: “revising related provisions governing the priority of persons authorized to make decisions concerning anatomical gifts, burial and cremation of human remains on behalf of a decedent;”.

Assemblywoman Koivisto moved the adoption of the amendment.

Remarks by Assemblywoman Koivisto.

Amendment adopted.

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

Senate Bill No. 447.

Bill read second time.

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

Amendment No. 736.

Amend the bill as a whole by adding a new section designated sec. 15.5, following sec. 15, to read as follows:

“Sec. 15.5. NRS 279.676 is hereby amended to read as follows:

279.676 1. Any redevelopment plan may contain a provision that taxes, if any, levied upon taxable property in the redevelopment area each year by or for the benefit of the State, any city, county, district or other public corporation, after the effective date of the ordinance approving the redevelopment plan, must be divided as follows:

(a) That portion of the taxes which would be produced by the rate upon which the tax is levied each year by or for each of the taxing agencies upon the total sum of the assessed value of the taxable property in the redevelopment area as shown upon the assessment roll used in connection with the taxation of the property by the taxing agency, last equalized before the effective date of the ordinance, must be allocated to and when collected must be paid into the funds of the respective taxing agencies as taxes by or for such taxing agencies on all other property are paid. To allocate taxes levied by or for any taxing agency or agencies which did not include the territory in a redevelopment area on the effective date of the ordinance but to which the territory has been annexed or otherwise included after the effective date, the assessment roll of the county last equalized on the effective date of the ordinance must be used in determining the assessed valuation of the taxable property in the redevelopment area on the effective date. If property which was shown on the assessment roll used to determine the amount of taxes allocated to the taxing agencies is transferred to the State and becomes exempt from taxation, the assessed valuation of the exempt property as shown on that assessment roll must be subtracted from the assessed valuation used to determine the amount of revenue allocated to the taxing agencies.

(b) Except as otherwise provided in paragraphs (c) and (d) and
NRS 540A.265, that portion of the levied taxes each year in excess of the amount set forth in paragraph (a) must be allocated to and when collected must be paid into a special fund of the redevelopment agency to pay the costs of redevelopment and to pay the principal of and interest on loans, money advanced to, or indebtedness, whether funded, refunded, assumed, or otherwise, incurred by the redevelopment agency to finance or refinance, in whole or in part, redevelopment. Unless the total assessed valuation of the taxable property in a redevelopment area exceeds the total assessed value of the taxable property in the redevelopment area as shown by the last equalized assessment roll referred to in paragraph (a), all of the taxes levied and collected upon the taxable property in the redevelopment area must be paid into the funds of the respective taxing agencies. When the redevelopment plan is terminated pursuant to the provisions of NRS 279.438 and 279.439 and all loans, advances and indebtedness, if any, and interest thereon, have been paid, all money thereafter received from taxes upon the taxable property in the redevelopment area must be paid into the funds of the respective taxing agencies as taxes on all other property are paid.

(c) That portion of the taxes in excess of the amount set forth in paragraph (a) that is attributable to a tax rate levied by a taxing agency to produce revenues in an amount sufficient to make annual repayments of the principal of, and the interest on, any bonded indebtedness that was approved by the voters of the taxing agency on or after November 5, 1996, must be allocated to and when collected must be paid into the debt service fund of that taxing agency.

(d) That portion of the taxes in excess of the amount set forth in paragraph (a) that is attributable to a new or increased tax rate levied by a taxing agency and was approved by the voters of the taxing agency on or after
November 5, 1996, must be allocated to and when collected must be paid into the appropriate fund of the taxing agency.

2. Except as otherwise provided in subsection 3, in any fiscal year, the total revenue paid to a redevelopment agency must not exceed:

(a) In a municipality whose population is 100,000 or more, an amount equal to the combined tax rates of the taxing agencies for that fiscal year multiplied by 10 percent of the total assessed valuation of the municipality.

(b) In a municipality whose population is 25,000 or more but less than 100,000, an amount equal to the combined tax rates of the taxing agencies for that fiscal year multiplied by 15 percent of the total assessed valuation of the municipality.

(c) In a municipality whose population is less than 25,000, an amount equal to the combined tax rates of the taxing agencies for that fiscal year multiplied by 20 percent of the total assessed valuation of the municipality.

If the revenue paid to a redevelopment agency must be limited pursuant to paragraph (a) , ~~[or]~~ (b) or (c) and the redevelopment agency has more than one redevelopment area, the redevelopment agency shall determine the allocation to each area. Any revenue which would be allocated to a redevelopment agency but for the provisions of this section must be paid into the funds of the respective taxing agencies.

3. The taxing agencies shall continue to pay to a redevelopment agency any amount which was being paid before July 1, 1987, and in anticipation of which the agency became obligated before July 1, 1987, to repay any bond, loan, money advanced or any other indebtedness, whether funded, refunded, assumed or otherwise incurred.

4. For the purposes of this section, the assessment roll last equalized before the effective date of the ordinance approving the redevelopment plan is the assessment roll in existence on March 15 immediately preceding the effective date of the ordinance.”.

Amend the title of the bill, eighth line, after “Treasurer;” by inserting:

“revising the limitation on the total amount of revenue that may be paid to a redevelopment agency in certain smaller municipalities;”.

Amend the summary of the bill to read as follows:

“SUMMARY—Makes various changes relating to governmental financial administration. (BDR 31‑302)”.

Assemblyman Manendo moved the adoption of the amendment.

Remarks by Assemblyman Manendo.

Amendment adopted.

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

Senate Bill No. 451.

Bill read second time.

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

Amendment No. 638.

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

Amend the title of the bill by deleting the third through sixth lines and inserting: “recorder; authorizing a county recorder to charge a fee for recording documents that do not meet those standards in certain circumstances; and providing other matters properly”.

Amend the summary of the bill to read as follows:

“SUMMARY—Revises provisions regarding format of certain documents filed in office of county recorder. (BDR 20‑293)”.

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

Assemblyman Oceguera moved that Senate Bills Nos. 66, 82, 262, 309, 372, 449, 453, and 491 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 12:54 p.m.

ASSEMBLY IN SESSION

At 12:55 p.m.

Mr. Speaker presiding.

Quorum present.

Assemblyman Manendo moved that Senate Bill No. 452 be taken from the Chief Clerk’s desk and placed on the Second Reading File.

Remarks by Assemblyman Manendo.

Motion carried.

SECOND READING AND AMENDMENT

Senate Bill No. 66.

Bill read second time.

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

Amendment No. 810.

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

“Section 1. Chapter 597 of NRS is hereby amended by adding thereto a new section to read as follows:

1. A supplier shall not enter into a contract or other agreement with a retail cigarette dealer that directly or indirectly:

(a) Requires the retail cigarette dealer to:

(1) Allocate to the supplier for any purpose all or any portion of the retail cigarette dealer’s cigarette category space or the contents thereof stated as a specific percentage or fraction;

(2) Engage in any conduct or action as a condition for participating in or receiving payments under a consumer price discount program or consumer promotion program of the supplier, except that the contract or agreement may require the retail cigarette dealer to provide the discount or promotion to a consumer, or to advertise and display the promotion and the promoted or discounted product to consumers; or

(3) Increase his prices for a cigarette product; or

(b) Limits or prohibits the retail cigarette dealer from:

(1) Determining the size or location of his cigarette category space;

(2) Participating in or engaging in conduct relating to any promotion, program or other activity relating to the sale, stocking, display, merchandising, pricing or advertising of any product of another supplier;

(3) Stocking or selling a cigarette product; or

(4) Retaining or reducing his prices concerning a cigarette product.

2. A supplier shall reimburse a retail cigarette dealer for any consumer price discount or consumer promotion provided to a consumer within
90 days after the expiration of the program for the consumer price discount or consumer promotion. Any reimbursement required pursuant to this subsection is contingent upon compliance by the retail cigarette dealer with the terms of the contract for the consumer price discount or consumer promotion, including any terms relating to maintaining adequate documentation and accounting for the results of the discount or promotion.

3. As used in this section:

(a) “Cigarette” means all rolled tobacco or substitutes therefor wrapped in paper or any substitute other than tobacco, irrespective of size or shape and whether or not the tobacco is flavored, adulterated or mixed with any other ingredient.

(b) “Cigarette category space” means all or any portion of the premises of a retail cigarette dealer or any other space of a retail cigarette dealer that is reserved, identified, used or otherwise made available to display, stock, store, promote, advertise or maintain cigarettes or cigarette products or signs, advertisements, display materials, promotions or any other statements relating to cigarettes or cigarette products.

(c) “Promotion” means a promotion, solicitation or notification that induces or attempts to induce a person to purchase cigarettes or cigarette products.

(d) “Retail cigarette dealer” means any person who offers to sell cigarettes at retail or who is engaged in selling cigarettes at retail. The term does not include a store that:

(1) Has at least 17,000 square feet of indoor retail space; and

(2) Is principally devoted to the sale of food for human consumption off the premises.

(e) “Supplier” means any cigarette manufacturer or importer who, directly or indirectly through an agent, representative, broker or distributor, supplies, sells or delivers to a retail cigarette dealer in this state, or offers to supply, sell or deliver to a retail cigarette dealer in this state, any cigarettes or any advertisement, merchandising or promotion relating to the sale of cigarettes.”.

Amend the title of the bill to read as follows:

“AN ACT relating to cigarettes; prohibiting a supplier of cigarettes from entering into a contract or other agreement with a retail cigarette dealer under certain circumstances; requiring a supplier of cigarettes to reimburse a retail cigarette dealer for any consumer price discount or consumer promotion within a certain period after the expiration of the program for the consumer price discount or consumer promotion; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Revises provisions governing certain agreements for sale of cigarettes. (BDR 52‑186)”.

Assemblyman Goldwater moved the adoption of the amendment.

Remarks by Assemblyman Goldwater.

Amendment adopted.

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

Senate Bill No. 82.

Bill read second time.

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

Amendment No. 721.

Amend sec. 7, page 3, by deleting line 27 and inserting:

“Sec. 7. 1. If a health authority isolates, quarantines or treats a person”.

Amend sec. 7, page 3, lines 30 and 31, by deleting: “isolate or quarantine” and inserting: “isolate, quarantine or treat”.

Amend sec. 7, page 3, between lines 32 and 33, by inserting:

“2. A health authority shall provide each person whom it isolates or quarantines pursuant to sections 6 to 26, inclusive, of this act with a document informing the person of his rights. The Board shall adopt regulations:

(a) Setting forth the rights of a person who is isolated or quarantined that must be included in the document provided pursuant to this subsection; and

(b) Specifying the time and manner in which the document must be provided pursuant to this subsection.”.

Amend sec. 7.5, page 3, line 33, before “A” by inserting “1.”.

Amend sec. 7.5, page 3, line 35, by deleting “1.” and inserting “(a)”.

Amend sec. 7.5, page 3, line 38, by deleting “2.” and inserting “(b)”.

Amend sec. 7.5, page 3, between lines 40 and 41, by inserting:

“2. If a person who is isolated or quarantined pursuant to sections
6 to 26, inclusive, of this act is unconscious or otherwise unable to communicate because of mental or physical incapacity, the health authority that isolated or quarantined the person must notify the spouse or legal guardian of the person by telephone and certified mail. If a person described in this subsection is isolated or quarantined in a medical facility and the health authority did not provide the notice required by this subsection, the medical facility must provide the notice. If the case of a person described in this subsection is before a court and the health authority, and medical facility, if any, did not provide the notice required by this subsection, the court must provide the notice.”.

Amend the bill as a whole by adding a new section designated sec. 7.7, following sec. 7.5, to read as follows:

“Sec. 7.7. A person who is isolated or quarantined pursuant to sections 6 to 26, inclusive, of this act has the right to refuse treatment and may not be required to submit to involuntary treatment unless a court issues an order requiring the person to submit to treatment.”.

Amend sec. 13, page 8, line 9, by deleting “Within” and inserting: “In addition to any notice required pursuant to section 7.5 of this act, within”.

Amend sec. 21, page 12, by deleting lines 21 through 27 and inserting: “nurse accompanying the petition.”.

Amend sec. 24, page 13, by deleting line 19 and inserting: “of the person concerning treatment and vaccination, including, without limitation, the tenets of the person’s religion and the tenets of any group or organization of which the person is a member,”.

Amend sec. 24, page 13, by deleting line 34 and inserting: “for additional periods which each must not exceed the shorter of 120 days or either, if the person is isolated, the period of time which the health authority expects the person will be infectious with the communicable disease or, if the person is quarantined, the period of time which the health authority determines is necessary to determine whether the person has been infected with the communicable disease. For each”.

Amend sec. 30, page 15, line 44, after “in” by inserting: “subsection 4 and”.

Amend sec. 30, page 16, between lines 16 and 17, by inserting:

“4. Except as otherwise provided in NRS 441A.310 and 441A.380, a health authority may not issue an order requiring the involuntary treatment of a person without a court order requiring the person to submit to treatment.”.

Amend the title of the bill, fourth line, after “persons;” by inserting: “prohibiting a health authority from requiring a person to be involuntarily treated without a court order requiring the person to submit to treatment;”.

Assemblywoman Koivisto moved the adoption of the amendment.

Remarks by Assemblywoman Koivisto.

Amendment adopted.

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

Senate Bill No. 262.

Bill read second time.

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

Amendment No. 795.

Amend section 1, page 1, line 6, by deleting “mail” and inserting “means”.

Amend sec. 2, page 2, line 40, by deleting “mail” and inserting “means”.

Assemblywoman Giunchigliani moved the adoption of the amendment.

Remarks by Assemblywoman Giunchigliani.

Amendment adopted.

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

Senate Bill No. 309.

Bill read second time.

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

Amendment No. 794.

Amend sec. 8, page 2, line 41, before “The” by inserting “1.”.

Amend sec. 8, page 2, line 42, by deleting “1.” and inserting “(a)”.

Amend sec. 8, page 3, line 1, by deleting “2.” and inserting “(b)”.

Amend sec. 8, page 3, line 7, by deleting “3.” and inserting “(c)”.

Amend sec. 8, page 3, line 14, by deleting “4.” and inserting “(d)”.

Amend sec. 8, page 3, line 17, by deleting “5.” and inserting “(e)”.

Amend sec. 8, page 3, line 22, by deleting “6.” and inserting “(f)”.

Amend sec. 8, page 3, between lines 24 and 25, by inserting:

“2. The Advisory Committee may establish a panel to assist the Advisory Committee in carrying out its duties and responsibilities. The panel may consist of:

(a) Representatives of organizations, associations, groups or other entities committed to improving participatory democracy in this state, including, without limitation, representatives of committees that are led by youths and established to improve the teaching of the principles of participatory democracy in the schools, colleges and universities of this state; and

(b) Any other interested persons with relevant knowledge.”.

Amend sec. 12, page 5, by deleting line 15 and inserting: “in Nevada schools, including, without limitation, cocurricular activities that promote learning and understanding, particularly in the area of civics and the skills”.

Amend sec. 12, page 5, line 25, by deleting “develop” and inserting “make”.

Amend sec. 12, page 5, by deleting line 29 and inserting: “Nevada, including, without limitation, by the use of service-learning projects.”.

Assemblywoman Giunchigliani moved the adoption of the amendment.

Remarks by Assemblywoman Giunchigliani.

Amendment adopted.

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

Senate Bill No. 372.

Bill read second time.

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

Amendment No. 818.

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

“Sec. 2. NRS 644.193 is hereby amended to read as follows:

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

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

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

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

(e) Submits two current photographs of himself; and

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

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

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

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

Sec. 3. NRS 644.195 is hereby amended to read as follows:

644.195 1. Each instructor must:

(a) Be licensed as a cosmetologist pursuant to this chapter.

(b) Have successfully completed the 12th grade in school or its equivalent.

(d) Have completed 1,000 hours of training as an instructor or 500 hours of training as a provisional instructor in a school of cosmetology.

(e) ~~[Take]~~ Except as otherwise provided in subsection 2, take one or more courses in advanced techniques for teaching or training, approved by the Board, whose combined duration is at least 30 hours during each 2‑year period.

2. The provisions of paragraph (e) of subsection 1 do not apply to an instructor who is initially licensed not more than 6 months before the renewal date of the license. An instructor who is initially licensed more than 6 months but less than 1 year before the renewal date of the license must take one or more courses specified in paragraph (e) whose combined duration is at least 15 hours during each 2-year period.

3. Each instructor shall pay an initial fee for a license of not less than $40 and not more than $60.

Sec. 4. NRS 644.1955 is hereby amended to read as follows:

644.1955 1. The Board shall admit to examination for a license as an instructor of aestheticians any person who has applied to the Board in proper form, paid the fee and:

(a) Is at least 18 years of age;

(b) Is of good moral character;

(d) Has received a minimum of 800 hours of training as an instructor or 400 hours of training as a provisional instructor in a licensed school of cosmetology;

(e) Is licensed as an aesthetician pursuant to this chapter; and

(f) Has practiced as a full-time licensed aesthetician for 1 year.

2. ~~[An]~~ Except as otherwise provided in subsection 3, an instructor of aestheticians shall complete at least 30 hours of advanced training in a course approved by the Board during each 2-year period of his license.

3. The provisions of subsection 2 do not apply to an instructor of aestheticians who is initially licensed not more than 6 months before the renewal date of the license. An instructor of aestheticians who is initially licensed more than 6 months but less than 1 year before the renewal date of the license must take one or more courses specified in subsection 2 whose combined duration is at least 15 hours during each 2-year period.

Sec. 5. NRS 644.197 is hereby amended to read as follows:

644.197 1. The Board shall admit to examination for a license as an instructor in manicuring any person who has applied to the Board in proper form, paid the fee and:

(a) Is at least 18 years of age;

(b) Is of good moral character;

(d) Has received a minimum of 500 hours of training as an instructor or 250 hours of training as a provisional instructor in a licensed school of cosmetology;

(e) Is licensed as a manicurist pursuant to this chapter; and

(f) Has practiced as a full-time licensed manicurist for 1 year.

2. ~~[An]~~ Except as otherwise provided in subsection 3, an instructor in manicuring shall complete at least 30 hours of advanced training in a course approved by the Board during each 2-year period of his license.

3. The provisions of subsection 2 do not apply to an instructor in manicuring who is initially licensed not more than 6 months before the renewal date of the license. An instructor in manicuring who is initially licensed more than 6 months but less than 1 year before the renewal date of the license must take one or more courses specified in subsection 2 whose combined duration is at least 15 hours during each 2-year period.”.

Amend sec. 2, page 2, line 2, after “services.” by inserting: “This subsection does not prohibit an operator of a cosmetological establishment from leasing space to or employing a barber.”.

Amend sec. 2, page 2, line 8, after “cosmetology.” by inserting: “A provider of health care who leases space at a cosmetological establishment pursuant to this subsection remains subject to the laws and regulations of this state applicable to his business or profession.”.

Amend the bill as a whole by renumbering sections 3 through 5 as sections 9 through 11 and adding new sections designated sections 7 and 8, following sec. 2, to read as follows:

“Sec. 7. NRS 644.375 is hereby amended to read as follows:

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

Sec. 8. NRS 644.400 is hereby amended to read as follows:

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

2. A school of cosmetology shall:

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

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

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

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

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

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

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

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

3. A school of cosmetology may offer courses of study other than courses of study that are required to be approved by the Board.”.

Amend sec. 5, page 2, line 20, by deleting “4” and inserting “10”.

Amend sec. 5, page 2, line 22, by deleting “and 3” and inserting: “to 9, inclusive,”.

Amend the title of the bill to read as follows:

“AN ACT relating to cosmetology; prohibiting the State Board of Cosmetology from including certain personal information on a license or certificate which is required to be displayed publicly; reducing the period during which a person must practice as a full-time licensed cosmetologist, aesthetician or manicurist to qualify for the issuance of a provisional license as an instructor; revising the requirements for training for certain instructors; authorizing certain providers of health care to practice in a cosmetological establishment under certain circumstances; authorizing the sale of food or beverages in a cosmetological establishment; authorizing a school of cosmetology to offer certain courses of study; and providing other matters properly relating thereto.”.

Assemblyman Goldwater moved the adoption of the amendment.

Remarks by Assemblyman Goldwater.

Amendment adopted.

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

Senate Bill No. 449.

Bill read second time.

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

Amendment No. 792.

Amend sec. 7, page 9, line 17, by deleting “~~[100,000]~~ 40,000” and inserting “100,000”.

Amend sec. 7, page 10, lines 9 and 10, by deleting “~~[100,000]~~ 40,000” and inserting “100,000”.

Amend sec. 7, page 10, lines 29 and 30, by deleting “~~[100,000]~~ 40,000” and inserting “100,000”.

Amend sec. 7, page 11, lines 15 and 16, by deleting “~~[100,000:]~~ 40,000:” and inserting “100,000:”.

Amend sec. 8, page 11, line 22, by deleting “~~[60,000]~~ 10,000” and inserting “60,000”.

Amend sec. 8, page 12, line 14, by deleting “~~[60,000]~~ 10,000” and inserting “60,000”.

Amend sec. 8, page 12, line 34, by deleting “~~[60,000]~~ 10,000” and inserting “60,000”.

Amend sec. 8, page 13, line 22, by deleting “~~[60,000:]~~ 10,000:” and inserting “60,000:”.

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. 231, 240, 288, and 351 be taken from the Chief Clerk’s desk and placed on the General 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 1:07 p.m.

ASSEMBLY IN SESSION

At 1:38 p.m.

Mr. Speaker presiding.

Quorum present.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblywoman Koivisto moved that Senate Bill No. 179 be taken from the Chief Clerk’s desk and placed on the Second Reading File.

Remarks by Assemblywoman Koivisto.

Motion carried.

REPORTS OF COMMITTEES

Mr. Speaker:

Your Committee on Ways and Means, to which was re-referred Assembly Bill No. 297, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass, as amended.

Also, your Committee on Ways and Means, to which were referred Senate Bills Nos. 246, 247, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Also, your Committee on Ways and Means, to which was referred Senate Bill No. 413, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Morse Arberry Jr., Chairman

Mr. Speaker:

Your Concurrent Committee on Ways and Means, to which was referred Assembly Bill
No. 264, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Also, your Concurrent Committee on Ways and Means, to which was referred Senate Bill
No. 127, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Morse Arberry Jr., Chairman

SECOND READING AND AMENDMENT

Senate Bill No. 453.

Bill read second time.

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

Amendment No. 788.

Amend sec. 3, page 2, by deleting line 8 and inserting: “maintain an official statewide voter registration list, which may be maintained on the Internet, in consultation”.

Amend sec. 3, page 2, line 34, by deleting “any”.

Amend sec. 3, page 2, line 35, before “information” by inserting “reasonable”.

Amend sec. 7, page 3, line 40, after “candidate” by inserting: “for federal office”.

Amend sec. 7, page 3, line 44, by deleting “the statewide” and inserting “a”.

Amend sec. 7, page 3, line 45, by deleting “jurisdiction;” and inserting: “jurisdiction or an election official asserts that the person is not eligible to vote in that election in that jurisdiction;”

Amend sec. 7, page 4, line 1, by deleting “mail” and inserting: “mail, on or after January 1, 2003,”.

Amend sec. 7, page 4, line 2, after “election” by inserting: “for federal office”.

Amend sec. 8, page 5, by deleting lines 22 and 23 and inserting: “to the person to vote only for candidates for federal offices.”.

Amend sec. 9, page 5, lines 24 and 25, by deleting: “in an election,” and inserting: “for a candidate for federal office,”.

Amend sec. 9, page 5, line 28, after “election” by inserting: “for federal office”.

Amend sec. 10, page 5, line 37, after “election” by inserting: “for federal office”.

Amend sec. 11, page 6, lines 41 and 42, by deleting “the statewide” and inserting “a”.

Amend sec. 14, page 8, line 2, after “voters” by inserting: “for federal office”.

Amend the bill as a whole by adding a new section designated sec. 15.5, following sec. 15, to read as follows:

“Sec. 15.5. 1. The county clerk shall cancel the registration of a voter, if:

(a) After consultation with the district attorney, the district attorney determines that there is probable cause to believe that information in the registration concerning the identity or residence of the voter is fraudulent;

(b) The county clerk provides a notice as required pursuant to subsection 2 or executes an affidavit of cancellation pursuant to subsection 3; and

(c) The voter fails to present satisfactory proof of his identity and residence pursuant to subsection 2, 4 or 5.

2. Except as otherwise provided in subsection 3, the county clerk shall notify the voter by registered or certified mail, return receipt requested, of a determination made pursuant to subsection 1. The notice must set forth the grounds for cancellation. Unless the voter, within 15 days after the return receipt has been filed in the office of the county clerk, presents satisfactory proof of his identity and residence to the county clerk, the county clerk shall cancel his registration.

3. If insufficient time exists before a pending election to provide the notice required by subsection 2, the county clerk shall execute an affidavit of cancellation and file the affidavit of cancellation with the registrar of voters’ register and:

(a) In counties where records of registration are not kept by computer, the county clerk shall attach a copy of the affidavit of cancellation in the election board register.

(b) In counties where records of registration are kept by computer, the county clerk shall have the affidavit of cancellation printed on the computer entry for the registration and add a copy of it to the election board register.

4. If a voter appears to vote at the election next following the date that an affidavit of cancellation was executed for the voter pursuant to this section, the voter must be allowed to vote only if he furnishes:

(a) Official identification which contains a photograph of himself, including, without limitation, a driver’s license or other official document; and

(b) Satisfactory identification that contains proof of the address at which he actually resides and that address is consistent with the address listed on the election board register.

5. If a determination is made pursuant to subsection 1 concerning information in the registration to vote of a voter and an absent ballot or a ballot voted by a voter who resides in a mailing precinct is received from the voter, the ballot must be kept separate from other ballots and must not be counted unless the voter presents satisfactory proof to the county clerk of his identity and residence before such ballots are counted on election day.”.

Amend sec. 19, page 10, line 31, by deleting “If” and inserting:

“~~[If]~~ Except as otherwise provided in section 15.5 of this act, if”.

Amend sec. 23, page 13, lines 21 and 25, by deleting “Saturday” and inserting “Sunday”.

Amend sec. 24, page 14, lines 9 and 10, by deleting “Saturday” and inserting “Sunday”.

Amend sec. 28, page 20, line 16, by deleting “Saturday” and inserting “Sunday”.

Amend sec. 29, page 20, line 44, by deleting “Saturday” and inserting “Sunday”.

Amend sec. 29, page 21, line 4, by deleting “Saturday” and inserting “Sunday”.

Amend sec. 30, page 22, by deleting line 4 and inserting:

“293.530 Except as otherwise provided in section 15.5 of this act:

1. County clerks may use any reliable and”.

Amend the bill as a whole by adding a new section designated sec. 32.5, following sec. 32, to read as follows:

“Sec. 32.5. NRS 293.540 is hereby amended to read as follows:

293.540 The county clerk shall cancel the registration:

1. If he has personal knowledge of the death of the person registered, or if an authenticated certificate of the death of any elector is filed in his office.

2. If the insanity or mental incompetence of the person registered is legally established.

3. Upon the determination that the person registered has been convicted of a felony.

4. Upon the production of a certified copy of the judgment of any court directing the cancellation to be made.

5. Upon the request of any registered voter to affiliate with any political party or to change his affiliation, if that change is made before the end of the last day to register to vote in the election.

6. At the request of the person registered.

7. If he has discovered an incorrect registration pursuant to the provisions of NRS 293.5235, 293.530, or 293.535 and the elector has failed to respond or appear to vote within the required time.

8. As required by section 15.5 of this act.

9. Upon verification that the application to register to vote is a duplicate if he has the original or another duplicate of the application on file in his office.”.

Amend sec. 33, page 23, lines 27 and 28, by deleting “3 days” and inserting: “~~[3 days]~~ day”.

Amend sec. 33, page 24, line 1, by deleting “Saturday” and inserting “Sunday”.

Amend sec. 40, page 27, line 22, by deleting “Saturday” and inserting “Sunday”.

Amend sec. 44, page 28, line 12, by deleting “State” and inserting “State:”.

Amend sec. 44, page 28, by deleting lines 13 and 14 and inserting:

“1. To establish and maintain the statewide voter registration list created pursuant to section 3 of this act; or

2. To upgrade or replace voting systems throughout this state.”.

Amend sec. 45, page 28, by deleting line 26 and inserting:

“3. Sections 10, 15.5 and 32.5 of this act become effective July 1, 2003.”.

Amend the title of the bill to read as follows:

“AN ACT relating to elections; requiring the Secretary of State to establish a statewide voter registration list; establishing certain standards for voting systems; establishing the use of provisional ballots for elections for federal offices held in this state; changing the types of acceptable identification for certain persons voting for the first time; requiring the posting of certain information at each polling place; requiring county and city clerks to take certain actions to assist elderly persons and persons with disabilities in voting; changing the type of identification required to register to vote; making various changes concerning voting by persons who are in the Armed Forces of the United States or overseas; requiring the county clerk to cancel the registration of a voter under certain circumstances; extending the period for registering to vote; exempting the Secretary of State from the State Purchasing Act for awarding certain contracts concerning the statewide voter registration list and certain contracts concerning voting systems throughout this state; and providing other matters properly relating thereto.”.

Assemblyman Conklin moved the adoption of the amendment.

Remarks by Assemblyman Conklin.

Amendment adopted.

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

Senate Bill No. 491.

Bill read second time.

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

Amendment No. 822.

Amend section 1, page 2, by deleting line 15 and inserting: “information that:

(a) The State Public Works Board determines to be sufficient and verifiable; and

(b) Indicates the subcontractor:”.

Amend section 1, page 2, line 16, by deleting “(a)” and inserting “(1)”.

Amend section 1, page 2, line 18, by deleting “(b)” and inserting “(2)”.

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

Amend section 1, page 2, by deleting lines 20 through 23 and inserting:

“3. Upon receipt of sufficient and verifiable information of a type described in subsection 2, the State Public Works Board shall require a subcontractor regarding whom such information is received to submit to the State Public Works Board, on a form prescribed by the State Public Works Board, an application for qualification in accordance with the criteria established by regulation pursuant to subsection 1. After receiving such an application, the State Public Works Board shall determine whether the subcontractor is qualified in accordance with the criteria established by regulation pursuant to subsection 1. Except”.

Amend the bill as a whole by renumbering sections 5 through 9 as
sections 7 through 11 and adding new sections designated sections 5 and 6, following sec. 4, to read as follows:

“Sec. 5. NRS 338.1387 is hereby amended to read as follows:

338.1387 1. A public body awarding a contract for a public work shall not award the contract to a person who, at the time of the bid, is not properly licensed under the provisions of chapter 624 of NRS or if the contract would exceed the limit of his license. A subcontractor named by the contractor who is not properly licensed for that portion of the work , or who, at the time of the bid, is on disqualified status with the State Public Works Board pursuant to section 1 of this act, shall be deemed unacceptable. If the subcontractor is deemed unacceptable, the contractor shall provide an acceptable subcontractor before the award of the contract.

2. If, after awarding the contract, the public body discovers that the person to whom the contract was awarded is not licensed, or that the contract would exceed his license, the public body shall reject the bid and may accept the next lowest bid for that public work from a responsive bidder who was determined by the public body to be a qualified bidder pursuant to
NRS 338.1379 or was exempt from meeting such qualifications pursuant to NRS 338.1373 or 338.1383 without requiring that new bids be submitted.

Sec. 6. NRS 338.139 is hereby amended to read as follows:

338.139 1. A public body may award a contract for the construction, alteration or repair of a public work pursuant to NRS 338.1375 to 338.1389, inclusive, to a specialty contractor if:

(a) The majority of the work to be performed on the project to which the contract pertains consists of specialty contracting for which the specialty contractor is licensed; and

(b) The project to which the contract pertains is not part of a larger public work.

2. If a public body awards a contract to a specialty contractor pursuant to NRS 338.1375 to 338.1389, inclusive, all work to be performed on the project to which the contract pertains that is outside the scope of the license of the specialty contractor must be performed by a subcontractor who ~~[is]~~ :

(a) Is licensed to perform such work ~~[.]~~ ; and

(b) At the time of the performance of the work, is not on disqualified status with the State Public Works Board pursuant to section 1 of this act.”.

Amend sec. 5, pages 4 and 5, by deleting lines 42 through 44 on page 4 and lines 1 and 2 on page 5, and inserting:

“pursuant to chapter 624 of NRS. ~~[If]~~ Except as otherwise provided in this paragraph, if a contractor ~~[fails]~~ :

(1) Fails to submit ~~[such a]~~ the list within the required time ~~[, his]~~ ; or

(2) Submits a list that includes the name of a subcontractor who, at the time of the submission of the list, is on disqualified status with the State Public Works Board pursuant to section 1 of this act, the contractor’s bid shall be deemed not responsive. A contractor’s bid shall not be deemed not responsive on the grounds that the contractor submitted a list that includes the name of a subcontractor who, at the time of the submission of the list, is on disqualified status with the State Public Works Board pursuant to section 1 of this act if the contractor, before the award of the contract, provides an acceptable replacement subcontractor in the manner set forth in subsection 1 of NRS 338.1387.”.

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

“6. If the project is for the design and construction of a public work of the State, ensure that the prime contractor is qualified to bid on a public work of the State pursuant to NRS 338.1379.”.

Amend sec. 7, page 6, by deleting lines 31 through 34 and inserting:

“(f) If the proposal is for a public work of the State, a statement setting forth that the prime contractor must be qualified to bid on a public work of the State pursuant to NRS 338.1379 before submitting a preliminary proposal.”.

Assemblyman Goldwater moved the adoption of the amendment.

Remarks by Assemblyman Goldwater.

Amendment adopted.

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

Senate Bill No. 452.

Bill read second time.

The following amendment was proposed by Assemblyman Manendo:

Amendment No. 705.

Amend section 1, page 2, lines 25 and 26, by deleting “~~[1989]~~ 2003,” and inserting “1989,”.

Amend section 1, page 2, line 29, by deleting “~~[1988,]~~ 2003,” and inserting “1988,”.

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. 179.

Bill read second time.

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

Amendment No. 628.

Amend sec. 10, page 5, by deleting lines 16 through 18 and inserting: “~~[admitted to a mental health facility or hospital under]~~ detained pursuant to subsection 1 must be released within 72 hours, including weekends and holidays, ~~[from the time of his admission]~~ after the examination required by paragraph (a) of subsection 1 of NRS 433A.165 has been completed, if such an examination is required, or within 72 hours, including weekends and holidays, after the person arrives at the mental health facility or hospital, if an examination is not required by paragraph (a) of subsection 1 of
NRS 433A.165 unless”.

Assemblywoman Koivisto moved the adoption of the amendment.

Remarks by Assemblywoman Koivisto.

Amendment adopted.

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

MOTIONS, RESOLUTIONS AND NOTICES

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

Remarks by Assemblyman Williams.

Motion carried.

SECOND READING AND AMENDMENT

Senate Bill No. 390.

Bill read second time.

The following amendment was proposed by the Committee on Education:

Amendment No. 747.

Amend section 1, page 2, line 3, by deleting “Standards.” and inserting: “Standards, to the extent that persons who hold such certification are available and willing to serve.”.

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 391.011 is hereby amended to read as follows:

391.011 1. The Commission on Professional Standards in Education, consisting of nine members appointed by the Governor, is hereby created.

2. Four members of the Commission must be teachers who teach in the classroom as follows:

(a) One who teaches in a secondary school.

(b) One who teaches in a middle school or junior high school.

(d) One who teaches special education.

At least one member appointed pursuant to this subsection must hold certification issued by the National Board for Professional Teaching Standards . ~~[, to the extent that persons who hold such certification are available and willing to serve.]~~

3. The remaining members of the Commission must include:

(a) One counselor or psychologist employed by a school district.

(b) Two administrators of schools, at least one of whom must be a principal of a school.

(c) The dean of the College of Education at one of the universities in the University and Community College System of Nevada, or a representative of one of the Colleges of Education nominated by such a dean for appointment by the Governor.

(d) One member who is a representative of the general public.

4. The appointments of a counselor, the administrators and three of the four teachers must be made from a list of names of at least three persons for each position that is submitted to the Governor:

(a) For the counselor and teachers, by an employee organization representing the majority of counselors and the majority of teachers in the State of Nevada who teach in the educational level from which the appointment is being made; or

(b) For administrators, by an organization of administrators for schools in which the majority of administrators of schools in this state have membership.

5. One member of the Commission who is a teacher, administrator, counselor or psychologist must be employed by a private school licensed pursuant to chapter 394 of NRS.”.

Amend the bill as a whole by deleting sec. 3.

Amend sec. 4, page 3, by deleting line 10 and inserting:

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

2. Section 2 of this act becomes effective on January 1, 2007.”.

Assemblyman Williams moved the adoption of the amendment.

Remarks by Assemblyman Williams.

Amendment adopted.

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

MOTIONS, RESOLUTIONS AND NOTICES

Assemblywoman Buckley moved that Senate Bill No. 370 be taken from the General File and placed on the Chief Clerk’s desk.

Remarks by Assemblywoman Buckley.

Motion carried.

general file and third reading

Senate Bill No. 332.

Bill read third time.

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

Amendment No. 817.

Amend sec. 2, page 2, line 11, by deleting: “3 and 4” and inserting: “3 to 7, inclusive,”.

Amend the bill as a whole by renumbering sections 5 through 8 as
sections 8 through 11 and adding new sections designated sections 5 through 7, following sec. 4, to read as follows:

“Sec. 5. 1. If the Governor determines that there are critically unmet needs with regard to the number of physicians who are practicing a medical specialty within this state, the Governor may declare that a state of critical medical need exists for that medical specialty. The Governor may, but is not required to, limit such a declaration to one or more geographic areas within this state.

2. In determining whether there are critically unmet needs with regard to the number of physicians who are practicing a medical specialty, the Governor may consider, without limitation:

(a) Any statistical data analyzing the number of physicians who are practicing the medical specialty in relation to the total population of this state or any geographic area within this state;

(b) The demand within this state or any geographic area within this state for the types of services provided by the medical specialty; and

(c) Any other factors relating to the medical specialty that may adversely affect the delivery of health care within this state or any geographic area within this state.

3. If the Governor makes a declaration pursuant to this section, the Board may waive the requirements of paragraph (d) of subsection 2 of
NRS 630.160 for an applicant if the applicant:

(a) Intends to practice medicine in one or more of the medical specialties designated by the Governor in his declaration and, if the Governor has limited his declaration to one or more geographic areas within this state, in one or more of those geographic areas;

(b) Has completed at least 1 year of training as a resident in the United States or Canada in a program approved by the Board, the Accreditation Council for Graduate Medical Education or the Coordinating Council of Medical Education of the Canadian Medical Association, respectively;

(c) Has a minimum of 5 years of practical medical experience as a licensed allopathic physician or such other equivalent training as the Board deems appropriate; and

(d) Meets all other conditions and requirements for a license to practice medicine.

4. Any license issued pursuant to this section is a restricted license, and the person who holds the restricted license may practice medicine in this state only in the medical specialties and geographic areas for which the restricted license is issued.

5. Any person who holds a restricted license issued pursuant to this section and who completes 3 years of full-time practice under the restricted license may apply to the Board for an unrestricted license. In considering an application for an unrestricted license pursuant to this subsection, the Board shall require the applicant to meet all statutory requirements for licensure in effect at the time of application except the requirements of paragraph (d) of subsection 2 of NRS 630.160.

Sec. 6. Except as otherwise provided in NRS 630.161, the Board may issue a license by endorsement to practice medicine to an applicant who has been issued a license to practice medicine by the District of Columbia or any state or territory of the United States if:

1. At the time the applicant files his application with the Board, the license is in effect;

2. The applicant:

(a) Submits to the Board proof of passage of an examination approved by the Board;

(b) Submits to the Board any documentation and other proof of qualifications required by the Board;

(c) Meets all of the statutory requirements for licensure to practice medicine in effect at the time of application except for the requirements set forth in NRS 630.160; and

(d) Completes any additional requirements relating to the fitness of the applicant to practice required by the Board; and

3. Any documentation and other proof of qualifications required by the Board is authenticated in a manner approved by the Board.

Sec. 7. 1. The Board shall maintain a website on the Internet or its successor.

2. The Board shall place on the website:

(a) Each application form for the issuance or renewal of a license issued by the Board pursuant to this chapter; and

(b) A list of questions that are frequently asked concerning the processes of the Board and the answers to those questions.”.

Amend sec. 7, page 3, by deleting line 13 and inserting:

“, 630.164 and sections 4, 5 and 6 of this act, a license may be issued to any”.

Amend sec. 7, page 3, line 25, after “Is” by inserting “currently”.

Amend sec. 7, page 3, line 26, after “Specialties” by inserting: “and who agrees to maintain such certification for the duration of his licensure,”.

Amend sec. 7, page 3, line 40, after “Is” by inserting “currently”.

Amend sec. 7, page 3, line 41, after “Specialties” by inserting: “in the specialty of emergency medicine, preventive medicine or family practice and who agrees to maintain certification in at least one of these specialties for the duration of his licensure,”.

Amend sec. 7, page 4, by deleting lines 10 and 11 and inserting “Board; and”.

Amend the bill as a whole by renumbering sec. 9 as sec. 14 and adding new sections designated sections 12 and 13, following sec. 8, to read as follows:

“Sec. 12. NRS 630.165 is hereby amended to read as follows:

630.165 1. ~~[An]~~ Except as otherwise provided in subsection 2, an applicant for a license to practice medicine must submit to the Board, on a form provided by the Board, an application in writing, accompanied by an affidavit stating that:

(a) The applicant is the person named in the proof of graduation and that it was obtained without fraud or misrepresentation or any mistake of which the applicant is aware; and

(b) The information contained in the application and any accompanying material is complete and correct.

2. An applicant for a license by endorsement to practice medicine pursuant to section 6 of this act must submit to the Board, on a form provided by the Board, an application in writing, accompanied by an affidavit stating that:

(a) The applicant is the person named in the license to practice medicine issued by the District of Columbia or any state or territory of the United States and that the license was obtained without fraud or misrepresentation or any mistake of which the applicant is aware; and

(b) The information contained in the application and any accompanying material is complete and correct.

3. An application submitted pursuant to subsection 1 or 2 must include the social security number of the applicant.

~~[3.]~~ 4. In addition to the other requirements for licensure, the Board may require such further evidence of the mental, physical, medical or other qualifications of the applicant as it considers necessary.

~~[4.]~~ 5. The applicant bears the burden of proving and documenting his qualifications for licensure.

Sec. 13. NRS 630.258 is hereby amended to read as follows:

630.258 1. A physician who is retired from active practice and who wishes to donate his expertise for the medical care and treatment of indigent persons in this state may obtain a special volunteer medical license by submitting an application to the Board pursuant to this section.

2. An application for a special volunteer medical license must be on a form provided by the Board and must include:

(a) Documentation of the history of medical practice of the physician;

(b) Proof that the physician previously has been issued an unrestricted license to practice medicine in any state of the United States and that he has never been the subject of disciplinary action by a medical board in any jurisdiction;

(c) Proof that the physician satisfies the requirements for licensure set forth in NRS 630.160 ~~[;]~~ or the requirements for licensure by endorsement set forth in section 6 of this act;

(d) Acknowledgment that the practice of the physician under the special volunteer medical license will be exclusively devoted to providing medical care to indigent persons in this state; and

(e) Acknowledgment that the physician will not receive any payment or compensation, either direct or indirect, or have the expectation of any payment or compensation, for providing medical care under the special volunteer medical license, except for payment by a medical facility at which the physician provides volunteer medical services of the expenses of the physician for necessary travel, continuing education, malpractice insurance or fees of the State Board of Pharmacy.

3. If the Board finds that the application of a physician satisfies the requirements of subsection 2 and that the retired physician is competent to practice medicine, the Board shall issue a special volunteer medical license to the physician.

4. The initial special volunteer medical license issued pursuant to this section expires 1 year after the date of issuance. The license may be renewed pursuant to this section, and any license that is renewed expires 2 years after the date of issuance.

5. The Board shall not charge a fee for:

(a) The review of an application for a special volunteer medical license; or

(b) The issuance or renewal of a special volunteer medical license pursuant to this section.

6. A physician who is issued a special volunteer medical license pursuant to this section and who accepts the privilege of practicing medicine in this state pursuant to the provisions of the special volunteer medical license is subject to all the provisions governing disciplinary action set forth in this chapter.

7. A physician who is issued a special volunteer medical license pursuant to this section shall comply with the requirements for continuing education adopted by the Board.”.

Amend the bill as a whole by renumbering sections 10 and 11 as sections 16 and 17 and adding a new section designated sec. 15, following sec. 9, to read as follows:

“Sec. 15. NRS 630.268 is hereby amended to read as follows:

630.268 1. The Board shall charge and collect not more than the following fees:

For application for and issuance of a license to practice as a physician, including a license by endorsement $600

For application for and issuance of a temporary, locum tenens, limited, restricted, special or special purpose license 400

For renewal of a limited, restricted or special license 400

For application for and issuance of a license as a physician assistant 400

For biennial registration of a physician assistant 800

For biennial registration of a physician 800

For application for and issuance of a license as a practitioner of respiratory care 400

For biennial registration of a practitioner of respiratory care 600

For biennial registration for a physician who is on inactive status 400

For written verification of licensure 50

For a duplicate identification card 25

For a duplicate license 50

For computer printouts or labels 500

For verification of a listing of physicians, per hour 20

For furnishing a list of new physicians 100

2. In addition to the fees prescribed in subsection 1, the Board shall charge and collect necessary and reasonable fees for its other services.

3. The cost of any special meeting called at the request of a licensee, an institution, an organization, a state agency or an applicant for licensure must be paid for by the person or entity requesting the special meeting. Such a special meeting must not be called until the person or entity requesting it has paid a cash deposit with the Board sufficient to defray all expenses of the meeting.”.

Amend the title of the bill, fourth line, after “physicians;” by inserting:

“authorizing the Board of Medical Examiners to waive certain requirements for licensure to practice medicine if the Governor declares a state of critical need exists for certain medical specialties; authorizing the Board to issue a license by endorsement to practice medicine to certain qualified applicants who have been issued a license to practice medicine by the District of Columbia or any state or territory of the United States; requiring the Board to maintain a website on the Internet;”.

Amend the summary of the bill to read as follows:

“SUMMARY—Revises qualifications of State Health Officer, clarifies restrictions on use of “M.D.” title and makes various changes relating to licensure of physicians and Board of Medical Examiners. (BDR 40‑1036)”.

Assemblyman Goldwater moved the adoption of the amendment.

Remarks by Assemblymen Goldwater, Mabey, Hardy, and Chowning.

Amendment adopted.

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

Assembly Bill No. 29.

Bill read third time.

Remarks by Assemblywoman Leslie.

Conflict of interest declared by Assemblywoman Leslie.

Roll call on Assembly Bill No. 29:

Yeas—39.

Nays—Angle, Gustavson—2.

Not Voting—Leslie.

Assembly Bill No. 29 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Assembly Bill No. 441.

Bill read third time.

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

Amendment No. 758.

Amend sec. 8, page 3, line 28, by deleting “information.” and inserting: “information that is related to the protection of homeland security.”.

Amend sec. 21, page 8, between lines 34 and 35, by inserting:

“3. If a person knowingly and unlawfully discloses a document, record or other item of information subject to an executive order issued pursuant to subsection 1 or assists, solicits or conspires with another person to disclose such a document, record or other item of information, the person is guilty of:

(a) A gross misdemeanor; or

(b) A category C felony and shall be punished as provided in NRS 193.130 if the person acted with the intent to:

(1) Commit, cause, aid, further or conceal, or attempt to commit, cause, aid, further or conceal, any unlawful act involving terrorism or sabotage; or

(2) Assist, solicit or conspire with another person to commit, cause, aid, further or conceal any unlawful act involving terrorism or sabotage.”.

Amend sec. 26, page 11, line 9, after “Governor.” by inserting: “If the Legislature is not in session at the time the vacancy occurs, the Legislature may call itself into special session to elect a person to serve as Governor.”.

Amend sec. 30, page 15, line 16, by deleting: “communication, or any component thereof,” and inserting “communication”.

Amend sec. 30, page 15, line 17, by deleting “or component”.

Amend sec. 30, page 15, line 23, by deleting: “communication, or any component thereof,” and inserting “communication”.

Amend sec. 30, page 15, lines 24 and 25, by deleting “or component”.

Amend sec. 31, page 15, line 38, by deleting: “communication, or any component thereof,” and inserting “communication”.

Amend sec. 31, page 15, line 39, by deleting “or component”.

Amend sec. 31, page 15, line 45, by deleting: “communication, or any component thereof,” and inserting “communication”.

Amend sec. 31, page 16, by deleting line 2 and inserting: “system unless the system complies”.

Amend the bill as a whole by adding a new section designated sec. 38.5, following sec. 38, to read as follows:

“Sec. 38.5. 1. There is hereby appropriated from the State General Fund to the Nevada Commission on Homeland Security for the use of the Commission in carrying out its duties:

For the Fiscal Year 2003-2004............................................................. $118,750

For the Fiscal Year 2004-2005............................................................. $111,069

2. Any remaining balance of the appropriation made by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years and reverts to the State General Fund as soon as all payments of money committed have been made.

3. As used in this section, “Nevada Commission on Homeland Security” means the Nevada Commission on Homeland Security created by section 12 of this act.”.

Amend sec. 40, page 24, line 26, by deleting “act becomes” and inserting: “section and sections 1 to 33, inclusive, 38, 38.5 and 39 of this act become”.

Amend sec. 40, page 24, line 27, after “2.” by inserting: “Sections 34 to 37, inclusive, of this act become effective on January 1, 2004.

3.”.

Amend the title of the bill, twenty-second line, by deleting: “making an appropriation;” and inserting: “making appropriations; providing penalties;”.

Assemblyman Arberry moved the adoption of the amendment.

Remarks by Assemblyman Arberry.

Amendment adopted.

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

Assembly Bill No. 515.

Bill read third time.

Roll call on Assembly Bill No. 515:

Yeas—39.

Nays—Andonov, Angle, Brown—3.

Assembly Bill No. 515 having received a constitutional majority,
Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Assembly Bill No. 534.

Bill read third time.

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

Amendment No. 753.

Amend sec. 8, page 5, by deleting lines 25 through 31 and inserting:

“(a) Money received for the project from the Federal Government;

(b) Money generated by the state department, board, commission or agency for whom the project is being performed;

(c) Money that was approved for the same or a different project during a previous biennium that has been reallocated during the current biennium for the project;”.

Assemblyman Arberry moved the adoption of the amendment.

Remarks by Assemblyman Arberry.

Amendment adopted.

Bill ordered reprinted, engrossed, and to third reading.

Senate Bill No. 10.

Bill read third time.

Roll call on Senate Bill No. 10:

Yeas—39.

Nays—Collins, Geddes—2.

Not Voting—Goldwater.

Senate Bill No. 10 having received a constitutional majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

Senate Bill No. 73.

Bill read third time.

Remarks by Assemblyman Claborn.

Roll call on Senate Bill No. 73:

Yeas—41.

Nays—Hardy.

Senate Bill No. 73 having received a constitutional majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

Senate Bill No. 78.

Bill read third time.

Remarks by Assemblyman Williams.

Roll call on Senate Bill No. 78:

Yeas—42.

Nays—None.

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

Bill ordered transmitted to the Senate.

Senate Bill No. 90.

Bill read third time.

Remarks by Assemblymen Brown, Anderson, and Horne.

Roll call on Senate Bill No. 90:

Yeas—31.

Nays—Arberry, Buckley, Chowning, Goldwater, Hardy, Horne, Manendo, McCleary, Pierce, Weber, Williams—11.

Senate Bill No. 90 having received a constitutional majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

Senate Bill No. 125.

Bill read third time.

Roll call on Senate Bill No. 125:

Yeas—42.

Nays—None.

Senate Bill No. 125 having received a constitutional majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

Senate Bill No. 144.

Bill read third time.

Remarks by Assemblyman Mortenson.

Roll call on Senate Bill No. 144:

Yeas—35.

Nays—Andonov, Brown, Carpenter, Claborn, Goicoechea, Griffin, Parks—7.

Senate Bill No. 144 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Senate Bill No. 181.

Bill read third time.

Remarks by Assemblyman Hardy.

Roll call on Senate Bill No. 181:

Yeas—42.

Nays—None.

Senate Bill No. 181 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Senate Bill No. 323.

Bill read third time.

Remarks by Assemblyman Goldwater.

Roll call on Senate Bill No. 323:

Yeas—41.

Nays—Gustavson.

Senate Bill No. 323 having received a two-thirds majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

Senate Bill No. 353.

Bill read third time.

Remarks by Assemblyman Parks.

Roll call on Senate Bill No. 353:

Yeas—42.

Nays—None.

Senate Bill No. 353 having received a constitutional majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Arberry moved that Senate Bill No. 473 be taken from the General File and re-referred to the Committee on Ways and Means.

Remarks by Assemblyman Arberry.

Motion carried.

Assemblyman Manendo moved that Senate Bill No. 280 be taken from the Chief Clerk’s desk and placed on the General File.

Remarks by Assemblyman Manendo.

Motion carried.

general file and third reading

Senate Bill No. 424.

Bill read third time.

Roll call on Senate Bill No. 424:

Yeas—42.

Nays—None.

Senate Bill No. 424 having received a constitutional majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

Senate Bill No. 428.

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. 428:

Yeas—40.

Nays—Angle, Gustavson—2.

Senate Bill No. 428 having received a two-thirds majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

Senate Bill No. 432.

Bill read third time.

Remarks by Assemblyman Anderson.

Roll call on Senate Bill No. 432:

Yeas—42.

Nays—None.

Senate Bill No. 432 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Senate Bill No. 434.

Bill read third time.

Roll call on Senate Bill No. 434:

Yeas—42.

Nays—None.

Senate Bill No. 434 having received a constitutional majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

Senate Bill No. 439.

Bill read third time.

Roll call on Senate Bill No. 439:

Yeas—42.

Nays—None.

Senate Bill No. 439 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Senate Bill No. 440.

Bill read third time.

Roll call on Senate Bill No. 440:

Yeas—42.

Nays—None.

Senate Bill No. 440 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Senate Bill No. 450.

Bill read third time.

Roll call on Senate Bill No. 450:

Yeas—42.

Nays—None.

Senate Bill No. 450 having received a constitutional majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

Senate Bill No. 465.

Bill read third time.

Roll call on Senate Bill No. 465:

Yeas—42.

Nays—None.

Senate Bill No. 465 having received a constitutional majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

Senate Bill No. 466.

Bill read third time.

Roll call on Senate Bill No. 466:

Yeas—42.

Nays—None.

Senate Bill No. 466 having received a constitutional majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

Senate Bill No. 467.

Bill read third time.

Roll call on Senate Bill No. 467:

Yeas—42.

Nays—None.

Senate Bill No. 467 having received a constitutional majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

Senate Bill No. 469.

Bill read third time.

Roll call on Senate Bill No. 469:

Yeas—42.

Nays—None.

Senate Bill No. 469 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 Bills Nos. 470, 471, 475, 476, 478, 481, 482, 485, 486, 489, 490, 493; Senate Joint Resolutions Nos. 3 and 4; Senate Bills Nos. 231, 240, 280, 288, and 351 be taken from the General File and placed on the General File for the next legislative day.

Motion carried.

UNFINISHED BUSINESS

Consideration of Senate Amendments

Assembly Bill No. 485.

The following Senate amendment was read:

Amendment No. 633.

Amend section 1, page 2, line 27, after “2.” by inserting: “A person described in paragraph (a), (b) or (c) of subsection 1 shall report to the Division, in a manner prescribed by the Commission:

(a) Any of the following substances that are found on or at real property owned by the person:

(1) Hazardous substances at or above the required reporting levels designated pursuant to sections 102 and 103 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980,
42 U.S.C. §§ 9602 and 9603; and

(2) Petroleum products of such type and in such amount as are required by the Division to be reported; and

(b) Any response action or cleanup that has been performed with respect to the real property described in paragraph (a).

3.”.

Amend section 1, page 2, line 33, by deleting “3.” and inserting “4.”.

Amend section 1, page 3, line 5, by deleting “4.” and inserting “5.”.

Amend section 1, page 3, line 9, by deleting “5.” and inserting “6.”.

Amend the title of the bill, sixth line, after “released;” by inserting: “requiring that such persons report the discovery of certain hazardous substances and petroleum products and report the carrying out of certain related response actions and cleanup;”.

Assemblyman Collins moved that the Assembly concur in the Senate amendment to Assembly Bill No. 485.

Remarks by Assemblyman Collins.

Motion carried by a constitutional majority.

Bill ordered to enrollment.

Assembly Bill No. 218.

The following Senate amendment was read:

Amendment No. 722.

Amend section 1, pages 1 and 2, by deleting lines 3 through 9 on page 1 and lines 1 through 6 on page 2, and inserting:

“392.4644 1. The principal of each public school shall establish a plan to”.

Amend section 1, page 2, by deleting lines 10 and 11 and inserting: “teachers and parents of pupils who are enrolled in the”.

Amend section 1, pages 2 and 3, by deleting lines 19 through 45 on page 2 and lines 1 through 10 on page 3, and inserting:

“2. On or before October 1 of each year, the principal of each public school shall submit a copy of the plan established pursuant to subsection 1 or a revised plan, if applicable, to the superintendent of schools of the school district. On or before November 1 of each year, the superintendent”.

Amend section 1, page 3, line 14, by deleting “section” and inserting “subsection”.

Amend section 1, page 3, line 16, by deleting “reporting”.

Amend section 1, page 3, line 17, by deleting “8.” and inserting “3.”.

Amend section 1, page 3, line 20, by deleting “7” and inserting “2”.

Amend section 1, page 3, line 23, by deleting “9.” and inserting “4.”.

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

Amend the title of the bill to read as follows:

“AN ACT relating to education; requiring the principal of each public school to submit to the superintendent of schools of the school district the plan established for the progressive discipline of pupils and on-site review of disciplinary decisions; requiring each school district and the Superintendent of Public Instruction to prepare certain compilations and reports concerning the plans submitted by each public school; and providing other matters properly relating thereto.”.

Assemblyman Williams moved that the Assembly do not concur in the Senate amendment to Assembly Bill No. 218.

Remarks by Assemblyman Williams.

Motion carried.

Bill ordered transmitted to the Senate.

Assembly Bill No. 81.

The following Senate amendment was read:

Amendment No. 607.

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

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

“AN ACT relating to intellectual property; authorizing award for treble damages, attorney’s”.

Amend the summary of the bill to read as follows:

“SUMMARY—Revises remedies available in certain actions relating to intellectual property. (BDR 52‑366)”.

Assemblyman Goldwater moved that the Assembly do not concur in the Senate amendment to Assembly Bill No. 81.

Remarks by Assemblyman Goldwater.

Motion carried.

Bill ordered to transmitted to the Senate.

Assembly Bill No. 522.

The following Senate amendment was read:

Amendment No. 662.

Amend section 1, page 1, by deleting lines 6 through 10 and inserting: “(a) Physical ~~[or mechanical]~~ damage to the car, up to and including its fair market value, ~~[resulting from a collision,]~~ regardless of the cause of the damage.”.

Amend sec. 4, page 4, lines 33 and 34, by deleting: “~~[24-hour rental period]~~ rental day” and inserting: “rental day or 24-hour rental period , as appropriate,”.

Assemblywoman Chowning moved that the Assembly concur in the Senate amendment to Assembly Bill No. 522.

Remarks by Assemblywoman Chowning.

Motion carried by a constitutional majority.

Bill ordered to enrollment.

Assembly Bill No. 114.

The following Senate amendment was read:

Amendment No. 678.

Amend section 1, page 1, line 5, after “elected;” by inserting “and”.

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

Amend section 1, page 1, by deleting lines 7 through 10.

Assemblyman Manendo moved that the Assembly do not concur in the Senate amendment to Assembly Bill No. 114.

Remarks by Assemblyman Manendo.

Motion carried.

Bill ordered to transmitted to the Senate.

Assembly Bill No. 205.

The following Senate amendment was read:

Amendment No. 579.

Amend section 1, page 1, line 15, by deleting: “6.7 and 6.9,” and inserting:

“6.6 to 6.9, inclusive,”.

Amend section 1, page 1, line 17, by deleting “6.7.” and inserting “6.6.”.

Amend section 1, page 2, line 15, after “3.” by inserting: “All decisions, and any deliberations leading to those decisions, that are made by any body, including, without limitation, the Reno/Sparks Convention and Visitors Authority, the City Council of the City of Sparks and the Sparks Tourism Facility and Revitalization Steering Committee, concerning the expenditure, commitment or other use of money derived from the proceeds of the tax imposed pursuant to this section must be made at a public meeting that complies with the provisions of chapter 241 of NRS, whether or not the body is determined to be a public body to which that chapter is applicable.

4. The tax imposed pursuant to this section expires by limitation on the date on which the principal of, and the interest on, any general or special obligations described in paragraph (e) of subsection 1 of section 6.7 of this act are fully paid. The proceeds from the tax must not be committed for expenditure after that date. The City Council of the City of Sparks shall, at least 30 days before such obligations are fully paid, adopt an ordinance that sets forth the date on which such obligations will be fully paid. Upon the adoption of such an ordinance, the Reno/Sparks Convention and Visitors Authority shall give written notice of the date on which the tax will expire to each person providing transient lodging who is liable for the payment of the tax.

5.”.

Amend section 1, page 2, line 19, by deleting “6.9.” and inserting “6.7.”.

Amend section 1, page 2, line 21, by deleting “6.7” and inserting “6.6”.

Amend section 1, page 2, line 35, by deleting “Sparks.” and inserting: “Sparks after obtaining the advice and recommendations of the Committee.”.

Amend section 1, page 3, by deleting lines 22 through 24 and inserting: “obtain the advice and recommendations of the Committee concerning the expenditure of those”.

Amend section 1, page 3, by deleting line 30 and inserting: “purposes, as determined by the City Council of the City of Sparks after obtaining the advice and recommendations of the Committee.”.

Amend section 1, page 4, line 9, after “(b)” by inserting: “ “Committee” means the Sparks Tourism Facility and Revitalization Steering Committee created pursuant to section 6.8 of this act.

(c)”.

Amend section 1, page 4, between lines 13 and 14 by inserting:

“Sec. 6.8. 1. The Sparks Tourism Facility and Revitalization Steering Committee, consisting of five members, is hereby created. The membership of the Committee consists of:

(a) Two persons appointed by the Board of Directors of the Reno/Sparks Convention and Visitors Authority, one of whom must be a member of the Nevada Resort Association who represents properties outside the City of Sparks, and one of whom must represent the interests of Reno, Sparks, Washoe County, the motel industry or general business.

(b) Two members of the City Council of the City of Sparks, including the Mayor of the City of Sparks, appointed by that City Council.

(c) One person appointed by the Nevada Resort Association who is a member of the Association and who represents properties inside the City of Sparks.

2. The Committee shall elect a Chairman from among its members.

3. A vacancy on the Committee must be filled in the same manner as the original appointment.

4. The Committee shall meet at least quarterly or by a call of the Chairman or majority of the members of the Committee.

5. Members of the Committee serve without compensation.

Sec. 6.9. 1. The Sparks Tourism Facility and Revitalization Steering Committee shall develop a master plan that identifies:

(a) Proposed projects or capital improvements that the Committee determines to be advisable to promote tourism in Washoe County; and

(b) The method or methods pursuant to which the proposed projects and capital improvements identified in paragraph (a) will be financed.

2. Projects and capital improvements identified pursuant to this section must be:

(a) Approved by a two-thirds vote of the members of the Committee; and

(b) Located in that portion of the Sparks Town Center Project which is identified as Victorian Square or any other portion of the Sparks Town Center Project if the project or capital improvement provides a direct benefit to a project or capital improvement located within Victorian Square, as determined by the Committee.

3. As used in this section:

(a) “Capital improvement” has the meaning ascribed to it in paragraph (a) of subsection 4 of section 6.7 of this act.

(b) “Sparks Town Center Project” has the meaning ascribed to it in paragraph (c) of subsection 4 of section 6.7 of this act.”.

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. Section 2 of chapter 432, Statutes of Nevada 1999, as amended by chapter 334, Statutes of Nevada 2001, at page 1575, is hereby amended to read as follows:

Sec. 2. The proceeds of the taxes imposed pursuant to section 1 of this act and any applicable penalty or interest must be distributed as follows:

1. An amount equal to:

(a) Two-thirds of the proceeds of the tax imposed pursuant to paragraph (a) of subsection 1 of section 1 of this act collected in:

(1) The unincorporated area of Washoe County; and

(2) Each incorporated city in Washoe County, except in a district described in NRS 268.780 to 268.785, inclusive, in which a 1 percent tax is imposed on the gross receipts from the rental of transient lodging for railroad grade separation projects; and

(b) All of the proceeds of the tax imposed pursuant to paragraph (b) of subsection 1 of section 1 of this act collected in a district described in
NRS 268.780 to 268.785, inclusive, in which a 1 percent tax is imposed on the gross receipts from the rental of transient lodging for railroad grade separation projects, must be used by the Reno/Sparks Convention and Visitors Authority to reconstruct, expand, improve, equip, operate and maintain the Reno/Sparks Convention Center, including, but not limited to, parking and facilities ancillary to the Reno/Sparks Convention Center and the acquisition of real property and other appurtenances therefor. The Reno/Sparks Convention and Visitors Authority may irrevocably pledge and use any money received from the proceeds of the taxes pursuant to this subsection, together with the proceeds of other tax revenues and facilities revenues received by the Reno/Sparks Convention and Visitors Authority legally available therefor, for the payment of general and special obligations issued for the purpose of reconstructing, expanding, improving and equipping the Reno/Sparks Convention Center, including, but not limited to, parking and facilities ancillary to the Reno/Sparks Convention Center and the acquisition of real property and other appurtenances therefor.

2. From the remaining one-third of the proceeds of the tax imposed pursuant to paragraph (a) of subsection 1 of section 1 of this act collected in the area described in subparagraphs (1) and (2) of paragraph (a) of subsection 1, the sum of $1,500,000 and, beginning June 1, 2000, and each year thereafter, an additional amount equal to $1,500,000 multiplied by the percentage by which the proceeds of the taxes imposed pursuant to paragraphs (a) and (b) of subsection 1 of section 1 of this act increased during the immediately preceding 12-month period, if any, must be used as follows:

(a) Two-thirds for the marketing and promotion of tourism as approved by the Reno/Sparks Convention and Visitors Authority; and

(b) One-third for the support of the National Bowling Stadium, until such time as the Truckee Meadows Tourism Facility and Revitalization Steering Committee identifies particular capital improvement projects pursuant to section 6 of this act. After the Truckee Meadows Tourism Facility and Revitalization Steering Committee identifies particular capital improvement projects pursuant to section 6 of this act, the money described in this subsection and all of the proceeds of the tax imposed pursuant to paragraph (c) of subsection 1 of section 1 of this act must, notwithstanding the provisions of NRS 279.619, be used to acquire, establish, construct, expand, equip, improve, operate and maintain such projects, and to pay the principal and interest on notes, bonds or other obligations issued by the Reno Redevelopment Agency to fund the acquisition, establishment, construction or expansion of the projects so identified.

3. From the remaining one-third of the proceeds of the tax imposed pursuant to paragraph (a) of subsection 1 of section 1 of this act collected in the area described in subparagraphs (1) and (2) of paragraph (a) of subsection 1, if any, after the amount described in subsection 2 is set aside for use pursuant to that subsection, the amounts set forth in this subsection must be paid to the City Council of the City of Sparks on the dates set forth in this subsection to be used by the City Council and the Sparks Tourism and Marketing Committee for the marketing and promotion of tourism in the City of Sparks and for the operation and maintenance of capital improvements within redevelopment areas in the City of Sparks:

(a) On July 1, 2000, an amount not to exceed $100,000.

(b) On July 1, 2001, an amount not to exceed $100,000.

~~[(d) On July 1, 2003, an amount not to exceed $200,000.~~

~~(e) On July 1, 2004, an amount not to exceed $250,000.~~

~~(f) On July 1, 2005, an amount not to exceed $250,000.~~

~~(g) On July 1, 2006, an amount not to exceed $350,000.~~

(h) On July 1, 2007, and each year thereafter, an amount equal to the sum of $350,000 plus an additional amount equal to $350,000 multiplied by the percentage by which the proceeds of the taxes imposed pursuant to paragraphs (a) and (b) of subsection 1 of section 1 of this act increased during the immediately preceding 12-month period, if any.]

4. The remainder of the one-third of the proceeds of the tax imposed pursuant to paragraph (a) of subsection 1 of section 1 of this act collected in the area described in subparagraphs (1) and (2) of paragraph (a) of subsection 1, if any, after the amounts described in subsections 2 and 3 are set aside for use pursuant to those subsections, must be distributed in the following manner:

(a) Two‑thirds to the Reno/Sparks Convention and Visitors Authority to reconstruct, expand, improve, equip, operate and maintain the Reno/Sparks Convention Center, including, but not limited to, parking and facilities ancillary to the Reno/Sparks Convention Center and the acquisition of real property and other appurtenances therefor and the payment of general and special obligations issued for those purposes.

(b) One‑third to be used as set forth in subsection 2.”.

Amend the title of the bill, fourth line, after “tourism;” by inserting: “revising the distribution of the tax on the rental of transient lodging in certain areas of Washoe County that was imposed to pay for certain projects;”.

Assemblyman Parks moved that the Assembly concur in the Senate amendment to Assembly Bill No. 205.

Remarks by Assemblyman Parks.

Motion carried by a two-thirds constitutional majority.

Bill ordered to enrollment.

Assembly Bill No. 437.

The following Senate amendment was read:

Amendment No. 692.

Amend section 1, page 2, by deleting lines 3 through 5 and inserting:
“the brewer, distiller, manufacturer, producer, vintner or bottler of the liquor, or a designated agent of such a person, has not designated an importer to import the liquor into this state; or”.

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

“Sec. 3. NRS 369.4865 is hereby amended to read as follows:

369.4865 1. ~~[A]~~ Except as otherwise provided in subsection 2, a retail liquor store that holds a nonrestricted license may transfer an original package of liquor to another retail liquor store that holds a nonrestricted license, and that other retail liquor store may receive the original package of liquor pursuant to the transfer, if:

(a) Each retail liquor store:

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

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

(b) The initial retail liquor store:

(1) Obtained the original package of liquor in compliance with the provisions of this chapter;

(2) Is an affiliate of the retail liquor store that receives the transfer; and

(3) Does not charge the retail liquor store that receives the transfer for the original package of liquor;

(d) Pursuant to the transfer, the original package of liquor is transported from the initial retail liquor store to the other retail liquor store.

2. A retail liquor store that holds a nonrestricted license may transfer an original package of beer to another retail liquor store that holds a nonrestricted license, and that other retail liquor store may receive the original package of beer pursuant to the transfer, if the wholesale dealer of the beer authorizes, in writing, the nonrestricted licensee to make such a transfer.

3. A transfer authorized by this section shall not be deemed a sale.

~~[3.]~~ 4. A retail liquor store that transfers or receives an original package of liquor as authorized by this section:

(a) Shall not be deemed to be engaged in business as a wholesale dealer based upon the transfer authorized by this section.

(b) Notwithstanding the provisions of subsection 5 of NRS 369.450, may transport the original package of liquor from the initial retail liquor store to the other retail liquor store without a special permit for such transportation.

~~[4.]~~ 5. As used in this section:

(a) “Affiliate” has the meaning ascribed to it in NRS 463.0133.

(b) ~~[“Liquor” does not include beer.~~

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

~~[(d)]~~ (c) “Nonrestricted license” has the meaning ascribed to it in
NRS 463.0177.”.

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

“Sec. 5. Chapter 597 of NRS is hereby amended by adding thereto a new section to read as follows:

1. Except as otherwise provided in NRS 228.380, the Attorney General shall enforce the provisions of NRS 597.120 to 597.260, inclusive, and shall cause appropriate legal action to be taken to enforce those provisions.

2. This section does not prohibit:

(a) A wholesaler from bringing an action against a supplier pursuant to NRS 597.170.

(b) A customer, supplier or wholesaler from bringing an action against a retailer pursuant to NRS 597.260.”.

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

“AN ACT relating to alcoholic beverages; revising the definition of “supplier” for the purposes of the tax on and the sale of liquor; authorizing a retail liquor store that holds a nonrestricted license to transfer an original package of beer to another retail liquor store that holds a nonrestricted license under certain circumstances; requiring the Attorney General to enforce certain provisions governing the sale of alcoholic beverages; and”.

Assemblyman Parks moved that the Assembly concur in the Senate amendment to Assembly Bill No. 437.

Remarks by Assemblyman Parks.

Motion carried by a constitutional majority.

Bill ordered to enrollment.

REMARKS FROM THE FLOOR

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

PROCLAMATION

Whereas, Gary Metz has honorably and faithfully served as the Chief of Police for the Nevada State Legislature for the past three years; and

Whereas, Gary Metz worked for the Los Angeles Police Department for 22 years as an accident investigator, patrolman, intelligence officer, and narcotics officer before retiring as a forgery detective in October of 1984; and

Whereas, Gary Metz and Birgitta, his wife of 31 years, moved to Carson City in March of 1989, and he began his service with the Legislative Police in 1991; and

Whereas, Gary Metz became the Chief of Police for the Nevada State Legislature in December 2000 and has emphasized sound security features, a cordial and welcoming presence with the public, accountability, and integrity during his time as Chief; and

Whereas, Gary Metz is a member of the National Legislative Services and Security Association under the National Conference of State Legislatures and is also a member of the National Association of Chiefs of Police; and

Whereas, Gary Metz plans to retire on July 13, 2003, so that he will be able to spend more time with his six children and six grandchildren and more time traveling, golfing, and fishing in the years to come; now, therefore, be it

Proclaimed, that Gary Metz be recognized and honored for his service to the Nevada Legislature and the people of the State of Nevada.

Dated this 20th day of May, 2003.

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

Assemblyman Marvel:

Thank you, Mr. Speaker. I rise in favor of the Proclamation honoring Gary Metz. Gary, it is such a pleasure having you and your wife here with us today. I feel most honored. I think those of you who have been around here awhile realize it is nice to smell the roses while we are still here. We have had too many for whom we have had to attend services, which hasn’t been pleasant. Gary, I want to thank you for your professionalism. Briggita, thank you for the sacrifices you have made. Gary, I wish you well in your retirement and you will truly be missed. It is my honor to present you with this Proclamation and we wish you well. You will be sorely missed. We appreciate your professionalism and friendship all these years. Thank you very much.

Assemblyman Anderson:

Thank you, Mr. Speaker. I rise in support of the Proclamation. Mr. Metz began here the same year I was a freshman. I have always viewed us as starting together with him looking out for me. In the early years when I had a giant office where you could almost fit in yourself and your desk and chair, Gary would come by and make sure I was out of the building by 11:00 p.m. and kick me out the door to make sure I would come back the next day. He has always had a pleasant attitude and a warm greeting. More importantly, knowing he was here and the kind of professionalism that he brought, you knew he cared very deeply about the people here and he was paying attention to the other folks who came in the door. A cardinal rule here is the Legislative Police not to engage in any legislation. However, on two separate occasions, I have called upon him, and his staff, to provide us with their expertise to review pieces of legislation from their professional viewpoint. I appreciate what he has done for us and will feel that I have lost a close personal friend when he leaves the staff. Thank you, Mr. Speaker.

Assemblywoman Chowning:

Thank you, Mr. Speaker. I rise in support of this proclamation. I thank Mr. Metz for all of his years of loyalty, friendship, professionalism, and serving as a guardian for all of us while we are here. His friendship is truly appreciated and he will be missed. Thank you.

Assemblyman Carpenter:

Thank you, Mr. Speaker. I stand in support of the Proclamation. Before Gary became chief, he used to take me to the airport on many occasions. We got to know each other quite well and it was always a pleasant trip when he took me. I want to congratulate him and say we are going to miss him. He says he is going to come to Elko this summer, so we’ll see.

Assemblyman Hettrick:

Thank you, Mr. Speaker. I, too, rise in support of the Proclamation. I want to thank Gary for everything he has done here in running a very professional department that looks out for all of us. I have never had the privilege of getting a ride back and forth to the airport but I know how important that is to those who have to make the trip on a regular basis. Everything has been done professionally and we appreciate what you have done. We wish you the very best and a great retirement. We hope you get to travel the great state of Nevada. Thanks, Gary, for everything.

Assemblywoman Ohrenschall:

Thank you, Mr. Speaker. I, too, rise in support of the Proclamation. We will miss you and commend you for all the great work you have done. I personally will not forget the Legislative Police and the way they rose to the task in the previous session when I had a broken leg. I was in a wheelchair and without them I might not have been able to attended session. It is a memory that I will always carry with me. Thanks.

Assemblywoman Buckley:

Thank you, Mr. Speaker. I also rise in support of the Proclamation. Most of the time, when things are going well, the Legislative Police run their professional operation behind the scenes, but when there is something wrong, whether it is a legislator in trouble or someone from the public that is seen as a little bit threatening, we get to see our Legislative Police in action. We thank you so much for all your years of service, your professionalism, and your leadership of a great crew, to whom we don’t say thank you enough. Thank you.

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

With the permission of the Body, I would like to add my support to the Proclamation as well. Chief Metz, you have done an extraordinary job. It is a real difficult job with 63 bosses, shall we say 63 prima donnas in many ways, and the group that you have assembled and put together does its job very well. You do it invisibly and not as an imposing force, but it is clear that the building is secure. The crew that you have assembled is amazing, which a look at the biographies, the amount of experience, and where they come from reflects. As a law enforcement agency they have done a great job, in an almost impossible circumstance. Thank you.

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

PROCLAMATION

Whereas, Steven J. Watson has been employed by the State of Nevada since 1971 and has served diligently as Chief Deputy Director of the Administrative Division of the Legislative Counsel Bureau for 15 years; and

Whereas, Steve Watson is a third generation Nevada native who graduated from Douglas High School and the University of Nevada, Reno; and

Whereas, in 1972, Steve Watson married Dr. Anita Ernst Watson, a fellow Douglas High School classmate, and together they have three sons: U.S. Army Captain Andrew, Reno Police Officer Joshua, and Nevada Assembly Deputy Sergeant at Arms Lucas; and

Whereas, Steve Watson worked as an accountant for the Welfare Division for 3 years and as an administrator in the Employment Security Department for 14 years; and

Whereas, Steve Watson joined the Legislative Counsel Bureau in 1988 and has demonstrated ultimate professionalism and integrity while providing general supervision of the Bureau’s units for Accounting, Buildings, General Services, Grounds, Information Systems, Janitorial Services, Legislative Police, and Media Services; and

Whereas, Steve Watson generously shared his expertise and leadership abilities with legislative staff in other states, such as serving as President of the National Legislative Services and Security Association; and

Whereas, for his years of public service Steve Watson has received numerous awards, including the Legislative Staff Achievement Award in 2000 from the National Conference of State Legislatures and the Pine Nut District Hall of Fame Award of the Boy Scouts of America in 2001; and

Whereas, on July 4, 2003, Steve Watson plans to retire so that he will have more time to participate in outdoor activities such as camping and hiking, motorcycling, and his favorite pastime of traveling; now, therefore, be it

Proclaimed, that Steven J. Watson be recognized and honored for his service to the Nevada State Legislature and the people of the State of Nevada.

Dated this 21st day of May, 2003.

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

Assemblywoman Giunchigliani:

Thank you, Mr. Speaker. I have the pleasure of having Steve Watson and his son,
Lucas Watson, sitting with me. I think we should first thank Steve for sharing his son, Lucas, with us as Assistant Sergeant of Arms. Lucas, I didn’t realize you didn’t catch the baseball in the picture that is on the wall, but we appreciate the effort for the Assembly versus Senate softball game. Steve has also shared his cooking talents with us and he passed that ability on to his son.

It is the invaluable public employees that make us all look as good as we do. Steve is one of those individuals that has dedicated his life to making us, the public, and our constituents feel good. I had someone put together a few quips about Steve. For many years, Steve’s wife, Anita, was a stay-at-home mom, raising their three sons, Andrew, Joshua, and Lucas. Steve, later, was supportive of her desire to go to UNR and get a PhD. in history. She then made a decision to move because she couldn’t find a job in Nevada, and he supported her move to Minnesota. It is tough to have a long-distance relationship, but she got the degree, which he is probably still paying for, and then abandons him. However, Steve has been very supportive. We are now going to lose Steve, but that will bring their family back whole again, ending their separation. Research Division hired Steve’s niece, Bonnie Borda Hoffecker, and she was asked what her career goals were. She replied, “You know, I think I would like to have my Uncle Steve’s job someday, as soon as I figure out what the heck he really does around here.”

Steve was active in NCSL for many years and a perfect representative as a goodwill ambassador for us and for Nevada. He never passed up an opportunity to participate in meetings of this type, or any of the free meals that went along with that.

Finally, Steve is like the ultimate straight man, but I found out that when he grew up in Minden, way back, that one time he had been rolling around in the mud and actually got dirty with a few family members. I believe that is the only thing I have been able to find in my entire research when Steve actually did anything that was dirty.

I want to recognize Steve and all the years he has dedicated to us and thank him for his dedication. Thank you, Mr. Speaker.

Assemblyman Hettrick:

Thank you, Mr. Speaker. I, too, rise in support of the Proclamation. It is an honor for me to do so. Steve is a good friend and has served in this building, interestingly, quietly. He makes it so you don’t know he is about but he does a lot of great things with a lot of people. It has been a pleasure to know him and work with him. I am proud of the way he has represented Minden and Douglas County. I particularly want to thank him, and those who work with him, including Lorne Malkiewich, for the staffing of the CSG West meeting at Lake Tahoe. The people there were so impressed with our staff. Every person came away saying, “Wow, you have the most awesome staff.” I think that is a real tribute for the Legislative Police and the staff that Steve oversees and works with. It is a pleasure for me to say thank you for a job well done. I hope you enjoy your retirement. We are going to miss you here.

Assemblyman Marvel:

Thank you, Mr. Speaker. I stand in support of the Proclamation. I want to say thank you, Steve, for your dedication to this Legislative Body. It has been a pleasure having you as a friend and we wish you well in your retirement, but please move back to Nevada because I don’t want the mosquitoes packing you off. Good luck.

Assemblywoman Chowning:

Thank you, Mr. Speaker. I stand in firm support of the Proclamation. Steve is absolutely the embodiment of an ambassador. We should call him “His Ambassadorship” because he quietly spreads good news about Nevada, whether here or in other states. Having served on the host committee for the NCSL conference in Nevada, I really learned how hard he works when the conferences are brought here, and how hard he has worked when the conferences are in other states. He truly has sent the message that Nevada is a wonderful place to live. We appreciate it and thank you.

Assemblywoman Angle:

Thank you, Mr. Speaker. I rise in support of this Proclamation, as well. Steve and I went to college together and he was a fraternity brother of my husband. When I arrived here as a freshman it was wonderful to see his familiar face. It has continued to be wonderful for me every session to see Steve here and reminisce about the old college days. Steve has been wonderful to my constituents. I have a lot of constituents that come here because my district is so close, and he is the goodwill ambassador. He is the one who takes them on a tour and they always say, “Gosh, what a nice guy he is.” I am able to say yes, and he is a good friend, too. I want to say thanks, Steve, for being here for me.

Assemblyman Arberry:

Thank you, Mr. Speaker. I rise in support of this Proclamation. Steve has been a good friend to me and I do call him Mr. Watson because he reminds me of the person who works with Sherlock Holmes. Steve represents us very well. Sometimes I call him the International Steven. When we have international guests coming from foreign countries, he makes them feel welcome and he makes them realize Nevada and all of us are here to do what we can to interact with another country. Steve, I can say that we are really going to miss you. I don’t know who will be my traveling “padre.” I would like to say also, Mr. Speaker, that when we have NCSL, that if Nevada is the host state, he herds us around and his staff herds us around to make sure we are all in our committees and making sure we are all there and have the right information. At the same time, when we aren’t the host state, he’s there and his staff is there, making sure we have everything we need. Steve, your shoes are going to be big, big shoes to fill, hard shoes to fill. We will scrutinize everyone. We really are going to miss you. Enjoy it. Come back and pick me up on your motorcycle sometime because I’ve never been on a Harley. Good luck, Steven . . .
Mr. Watson.

Assemblyman Anderson:

Thank you, Mr. Speaker. I, also, rise in support of the Proclamation. Mr. Watson, indeed, has looked after the physical needs of the building on an ongoing basis. As we saw the expansion of the building in 1997, he worried about each and every detail, like the platforms in the rooms. I know that the Judiciary Committee, in particular, has been very well taken care of. We have a timer in the room so we can time the witnesses. We have other kinds of accoutrements in there, as the lights go on in front of the witnesses. It’s all in part because of Mr. Watson making sure those things are going to be there and knowing the time constraints of that committee. His continual diligent search for a good chair for me has been a standing joke between the two of us for three sessions. All of you have these big, high, puffy chairs in your offices and I keep falling out of mine. I know it’s hard to imagine that. Mr. Watson keeps trying to find one that will accommodate an ample body in a smaller chair, with some level of comfort. His diligence in that search has always amazed me.

I think the most telling is what took place this year. When a lady was sitting in Judiciary and was terribly upset because she couldn’t read the names of the people who were sitting in front of the committee in the committee room. On a break, she happened to come and approach me about it. I said, “Well, there’s only one person that I know that really takes care of things.” So, I called for Mr. Watson to come up. Sure enough, he came up and allayed her fears that in the future that problem will be taken care of. Even though he’s leaving us, I think he’s still taking care of our problems and will in the future. We salute you for that continual diligence for us and for our constituents and the kind of things that make all of the people of the state of Nevada proud in this Institution and this building that represents the people, your building, Mr. Watson.

Assemblyman Carpenter:

Thank you, Mr. Speaker. I, too, rise in support of the Proclamation. I just wanted to thank Steve for everything he’s done to help me. He’s a great guy and we’re going to miss him. I sure do hope he gets back from Minnesota, because I’ve been to Minnesota a couple of times and I can’t see anyone going from Nevada to Minnesota. Hopefully, you’ll return back here where you belong. Thank you.

Assemblyman Williams:

Thank you, Mr. Speaker, I, too, rise in support of the Proclamation. I would like to publicly thank Mr. Watson. I had a chance to meet his wife as well and spend some time with them both. It’s amazing how totally real, understanding, and caring that they are. His interaction with students in the hallways when he’s doing tours should be particularly noted. As Lucas says, “Don’t go near that room. My dad’s in there with kids. He’ll grab you and make you talk.” He would get you sometimes and say, “Hey, give a speech.” I think one of the illustrations that clearly shows how much of an impact he has on young people in our state is, several weeks ago, when the students were here from the Wendell P. Williams Elementary School, he was one of the people who drove and picked them up from the airport. When they asked who he was, he said, “I’m Mr. Williams’ cousin.” When the students came to my office, they asked, “Is he really your cousin?” I said, “Yes, he’s really my cousin.” So, in the last several days, I’ve got many thank you cards from the kids about their trip here to the Capital. Almost every one of those cards said, “Please say hello to your cousin, Steve Watson.” So, they wish you well also.

Assemblywoman Ohrenschall:

Thank you, Mr. Speaker. I, too, want to thank Steve, publicly, for all the great work that he has done, very quietly, for the Legislature as a whole. But I guess, even more than that, I wish to thank him for leaving us Lucas, who we can watch grow and develop and gain all the gifts and qualities that his father has. Perhaps he’ll take as good care of the Legislature in the future.

Assemblywoman Buckley:

Thank you, Mr. Speaker. I think you can see from the outpouring of remarks today, how much we will miss you. Your service to us, as has been noted, has been appreciated. You are one of a kind. Have a great retirement.

Mr. Speaker requested the privilege of the Chair to make the following remarks:

There is not much I can add for Cousin Steve. It’s always been comforting to know that when we have a group coming or we have some issue to deal with in the building that it takes only a request and you never have to worry about it again. You never had to follow up on it. It was always taken care of so well. I want to add my congratulations to you for your retirement and wish you well.

UNFINISHED BUSINESS

There being no objections, the Speaker and Chief Clerk signed
Assembly Bills Nos. 25, 35, 92, 95, 100, 117, 150, 159, 198, 237, 323, 336, 381, 405, 421, 424, 443, 445, 448, 510, 539; Senate Bills Nos. 27, 36, 62, 72, 103, 122, 123, 124, 134, 139, 148.

GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR

On request of Assemblyman Beers, the privilege of the floor of the Assembly Chamber for this day was extended to Charles Muth.

On request of Assemblyman Collins, the privilege of the floor of the Assembly Chamber for this day was extended to Stephanie Hale,
Gary Laizure, and Kadin Laizure.

On request of Assemblywoman Giunchigliani, the privilege of the floor of the Assembly Chamber for this day was extended to Steve Watson and
Lucas Watson.

On request of Assemblyman Goicoechea, the privilege of the floor of the Assembly Chamber for this day was extended to Janet Basso,
Robert Bischoff, Jody Allison, Matthew Bischoff, Franky Clinton,
Crystal Doane, Jade Francis, Joseph Nelson, Edward Netcher, and
Emily vanOudheusden.

On request of Assemblyman Knecht, the privilege of the floor of the Assembly Chamber for this day was extended to Wayne Heuring.

On request of Assemblyman Marvel, the privilege of the floor of the Assembly Chamber for this day was extended to Gary Metz and
Birgitta Metz.

Assemblywoman Buckley moved that the Assembly adjourn until Thursday, May 22, 2003, at 11:00 a.m.

Motion carried.

Assembly adjourned at 2:53 p.m.

Approved: Richard D. Perkins

Speaker of the Assembly

Attest: Jacqueline Sneddon

Speaker of the Assembly

Chief Clerk of the Assembly