THE ONE HUNDRED AND SECOND DAY

Carson City (Thursday), May 15, 2003

    Assembly called to order at 11:20 a.m.

    Mr. Speaker presiding.

    Roll called.

    All present.

    Prayer by the Chaplain, Reverend Albert Tilstra.

    Here we come, Lord. As we get nearer to the deadlines that have been set, we can so easily become frustrated and upset, with ourselves and with our fellow legislators. Forgive us for doing the things that make us uncomfortable and guilty when we pray. We say we believe in God, and yet we doubt God’s promises. We say that in God we trust, yet we worry and try to manage our own affairs. We say that we love You, and yet do not obey You. We believe that You have the answers to all our problems, and yet we do not consult You. Forgive us, Lord, for our lack of faith and the willful pride that ignores the way, the truth, and the life. Reach down and change the gears within us that we may go forward with You.

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. 27, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

David Goldwater, Chairman

Mr. Speaker:

    Your Committee on Constitutional Amendments, to which was referred
Assembly Joint Resolution No. 7, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Harry Mortenson, Chairman

Mr. Speaker:

    Your Committee on Education, to which were referred Senate Bills Nos. 36, 62, 456, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Wendell P. Williams, Chairman

Mr. Speaker:

    Your Concurrent Committee on Education, to which was referred Senate Bill No. 317, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass, as amended.

Wendell P. Williams, Chairman

Mr. Speaker:

    Your Committee on Elections, Procedures, and Ethics, to which were referred
Senate Bills Nos. 123, 221, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

    Chris Giunchigliani, Chairman

Mr. Speaker:

    Your Committee on Government Affairs, to which were referred Senate Bills Nos. 78, 103, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Mark Manendo, Chairman

Mr. Speaker:

    Your Concurrent Committee on Government Affairs, to which was referred Senate Bill No. 6, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Mark Manendo, Chairman

Mr. Speaker:

    Your Committee on Health and Human Services, to which was referred Senate Bill No. 307, 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 were referred
Senate Concurrent Resolutions Nos. 12, 15, 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 Concurrent Committee on Health and Human Services, to which was referred
Senate Bill No. 94, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass, as amended.

Ellen Koivisto, Chairman

Mr. Speaker:

    Your Committee on Judiciary, to which was referred Senate Bill No. 122, 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 was referred Senate Bill No. 134, 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 was referred Senate Bill No. 351, has had the same under consideration, and begs leave to report the same back with the recommendation:

Do pass.

Bernie Anderson, Chairman

Mr. Speaker:

    Your Committee on Taxation, to which was referred Senate Bill No. 471, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

    Also, your Committee on Taxation, to which was referred Senate Bill No. 475, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

David Parks, Chairman

Mr. Speaker:

    Your Committee on Transportation, to which was referred Senate Bill No. 476, has had the same under consideration, and begs leave to report the same back with the recommendation:
Do pass.

Vonne Chowning, Chairman

Mr. Speaker:

    Your Committee on Ways and Means, to which was re-referred Assembly Bill No. 41, 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 was referred Assembly Bill No. 471, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

    Also, your Committee on Ways and Means, to which were referred Senate Bills Nos. 410, 493, 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. 286, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

    Also, your Concurrent Committee on Ways and Means, to which was referred Assembly Bill No. 249, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass, as amended.

Morse Arberry Jr., Chairman

MESSAGES FROM THE Senate

Senate Chamber, Carson City, May 13, 2003

To the Honorable the Assembly:

    I have the honor to inform your honorable body that the Senate amended, and on this day passed, as amended, Assembly Bill No. 79, Amendment No. 643, and respectfully requests your honorable body to concur in said amendment.

    Also, I have the honor to inform your honorable body that the Senate on this day passed Senate Bills Nos. 46, 49, 494.

    Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bills Nos. 81, 413.

Mary Jo Mongelli

Assistant Secretary of the Senate

Senate Chamber, Carson City, May 14, 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. 71, 86, 103, 221, 231, 233, 235, 245, 285, 344, 375.

    Also, I have the honor to inform your honorable body that the Senate amended, and on this day passed, as amended, Assembly Bill No. 143, Amendment No. 613; Assembly Bill No. 151, Amendment No. 583; Assembly Bill No. 155, Amendments Nos. 630, 695; Assembly Bill
No. 212, Amendment No. 604; Assembly Bill No. 232, Amendment No. 667, 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 Bill No. 216.

    Also, I have the honor to inform your honorable body that the Senate on this day adopted Senate Concurrent Resolution No. 36.

Mary Jo Mongelli

Assistant Secretary of the Senate

MOTIONS, RESOLUTIONS AND NOTICES

    Senate Concurrent Resolution No. 36.

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

    Motion carried.

    Assemblywoman Chowning moved that Senate Bill No. 355 be taken from the Second Reading File and re-referred to the Committee on Transportation.

    Motion carried.

    Assemblyman Anderson moved that Senate Bill No. 73 be taken from the General File and placed on the Chief Clerk’s desk.

    Remarks by Assemblyman Anderson.

    Motion carried.

    Senate Concurrent Resolution No. 7.

    Bill read second time.

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

    Amendment No. 652.

    Amend the preamble of the resolution, page 1, between lines 11 and 12 by inserting:

    “Whereas, A reasonable amount of wilderness area in this state provides for a diverse spectrum of recreational opportunities in Nevada, promotes tourism and provides a place for Nevadans to escape the pressures of urban growth; and”.

    Amend the preamble of the resolution, page 2, by deleting lines 3 through 5 and inserting:

    “Whereas, Because approximately 2 million acres of federal public land in Nevada have been designated as wilderness areas and approximately 8.6 percent of the federal public land in Nevada that is”.

    Amend the preamble of the resolution, page 2, line 8, by deleting “imposes” and inserting: “is believed to impose”.

    Assemblyman Collins moved the adoption of the amendment.

    Remarks by Assemblyman Collins.

    Amendment adopted.

    Resolution ordered reprinted, re-engrossed, and to resolution file.

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

    Motion carried.

INTRODUCTION, FIRST READING AND REFERENCE

    Senate Bill No. 46.

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

    Motion carried.

    Senate Bill No. 49.

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

    Motion carried.

    Senate Bill No. 81.

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

    Motion carried.

    Senate Bill No. 216.

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

    Motion carried.

    Senate Bill No. 413.

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

    Motion carried.

    Senate Bill No. 494.

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

    Motion carried.

MOTIONS, RESOLUTIONS AND NOTICES

    Mr. Speaker announced the appointment of Assemblymen Pierce, Horne, and Andonov as a Committee to review the status of the Conference Committees.

SECOND READING AND AMENDMENT

    Assembly Bill No. 130.

    Bill read second time.

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

    Amendment No. 684.

    Amend the bill as a whole by deleting sections 2 and 3 and renumbering sec. 4 as sec. 2.

    Amend the bill as a whole by deleting sections 5 and 6, renumbering sec. 7 as sec. 10 and adding new sections designated sections 3 through 9, following sec. 4, to read as follows:

    “Sec. 3.  NRS 453A.030 is hereby amended to read as follows:

    453A.030  “Attending physician” means a physician who:

    1.  Is licensed to practice [medicine] :

(a) Medicine pursuant to the provisions of chapter 630 of NRS; or

(b) Osteopathic medicine pursuant to the provisions of chapter 633 of NRS; and

    2.  Has [primary] responsibility for the care and treatment of a person diagnosed with a chronic or debilitating medical condition.

    Sec. 4.  NRS 453A.160 is hereby amended to read as follows:

    453A.160  1.  “Usable marijuana” means [the] :

(a) The dried leaves and flowers of a plant of the genus Cannabis, and any mixture or preparation thereof, that are appropriate for the medical use of marijuana [.] ; and

(b) The seeds of a plant of the genus Cannabis.

    2.  The term does not include the [seeds,] stalks and roots of the plant.

    Sec. 5.  NRS 453A.210 is hereby amended to read as follows:

    453A.210  1.  The Department shall establish and maintain a program for the issuance of registry identification cards to persons who meet the requirements of this section.

    2.  Except as otherwise provided in subsections 3 and 5, the Department or its designee shall issue a registry identification card to a person who is a resident of this state and who submits an application on a form prescribed by the Department accompanied by the following:

    (a) Valid, written documentation from the person’s attending physician stating that:

        (1) The person has been diagnosed with a chronic or debilitating medical condition;

        (2) The medical use of marijuana may mitigate the symptoms or effects of that condition; and

        (3) The attending physician has explained the possible risks and benefits of the medical use of marijuana;

    (b) The name, address, telephone number, social security number and date of birth of the person;

    (c) Proof satisfactory to the Department that the person is a resident of this state;

(d) The name, address and telephone number of the person’s attending physician; and

[(d)] (e) If the person elects to designate a primary caregiver at the time of application:

        (1) The name, address, telephone number and social security number of the designated primary caregiver; and

        (2) A written, signed statement from his attending physician in which the attending physician approves of the designation of the primary caregiver.

    3.  The Department or its designee shall issue a registry identification card to a person who is under 18 years of age if:

    (a) The person submits the materials required pursuant to subsection 2; and

    (b) The custodial parent or legal guardian with responsibility for health care decisions for the person under 18 years of age signs a written statement setting forth that:

        (1) The attending physician of the person under 18 years of age has explained to that person and to the custodial parent or legal guardian with responsibility for health care decisions for the person under 18 years of age the possible risks and benefits of the medical use of marijuana;

        (2) The custodial parent or legal guardian with responsibility for health care decisions for the person under 18 years of age consents to the use of marijuana by the person under 18 years of age for medical purposes;

        (3) The custodial parent or legal guardian with responsibility for health care decisions for the person under 18 years of age agrees to serve as the designated primary caregiver for the person under 18 years of age; and

        (4) The custodial parent or legal guardian with responsibility for health care decisions for the person under 18 years of age agrees to control the acquisition of marijuana and the dosage and frequency of use by the person under 18 years of age.

    4.  The form prescribed by the Department to be used by a person applying for a registry identification card pursuant to this section must be a form that is in quintuplicate. Upon receipt of an application that is completed and submitted pursuant to this section, the Department shall:

    (a) Record on the application the date on which it was received;

    (b) Retain one copy of the application for the records of the Department; and

    (c) Distribute the other four copies of the application in the following manner:

        (1) One copy to the person who submitted the application;

        (2) One copy to the applicant’s designated primary caregiver, if any;

        (3) One copy to the Central Repository for Nevada Records of Criminal History; and

        (4) One copy to :

(I) If the attending physician of the applicant is licensed to practice medicine pursuant to the provisions of chapter 630 of NRS, the Board of Medical Examiners [.] ; or

(II) If the attending physician of the applicant is licensed to practice osteopathic medicine pursuant to the provisions of chapter 633 of NRS, the State Board of Osteopathic Medicine.

The Central Repository for Nevada Records of Criminal History shall report to the Department its findings as to the criminal history, if any, of an applicant within 15 days after receiving a copy of an application pursuant to subparagraph (3) of paragraph (c). The Board of Medical Examiners or the State Board of Osteopathic Medicine, as applicable, shall report to the Department its findings as to the licensure and standing of the applicant’s attending physician within 15 days after receiving a copy of an application pursuant to subparagraph (4) of paragraph (c).

    5.  The Department shall verify the information contained in an application submitted pursuant to this section and shall approve or deny an application within 30 days after receiving the application. The Department may contact an applicant, his attending physician and designated primary caregiver, if any, by telephone to determine that the information provided on or accompanying the application is accurate. The Department may deny an application only on the following grounds:

    (a) The applicant failed to provide the information required pursuant to subsections 2 and 3 to:

        (1) Establish his chronic or debilitating medical condition; or

        (2) Document his consultation with an attending physician regarding the medical use of marijuana in connection with that condition;

    (b) The applicant failed to comply with regulations adopted by the Department, including, without limitation, the regulations adopted by the Director pursuant to NRS 453A.740;

    (c) The Department determines that the information provided by the applicant was falsified;

    (d) The Department determines that the attending physician of the applicant is not licensed to practice medicine or osteopathic medicine in this state or is not in good standing, as reported by the Board of Medical Examiners [;] or the State Board of Osteopathic Medicine, as applicable;

    (e) The Department determines that the applicant, or his designated primary caregiver, if applicable, has been convicted of knowingly or intentionally selling a controlled substance;

    (f) The Department has prohibited the applicant from obtaining or using a registry identification card pursuant to subsection 2 of NRS 453A.300; or

    (g) In the case of a person under 18 years of age, the custodial parent or legal guardian with responsibility for health care decisions for the person has not signed the written statement required pursuant to paragraph (b) of subsection 3.

    6.  The decision of the Department to deny an application for a registry identification card is a final decision for the purposes of judicial review. Only the person whose application has been denied or, in the case of a person under 18 years of age whose application has been denied, the person’s parent or legal guardian, has standing to contest the determination of the Department. A judicial review authorized pursuant to this subsection must be limited to a determination of whether the denial was arbitrary, capricious or otherwise characterized by an abuse of discretion and must be conducted in accordance with the procedures set forth in chapter 233B of NRS for reviewing a final decision of an agency.

    7.  A person whose application has been denied may not reapply for
6 months after the date of the denial, unless the Department or a court of competent jurisdiction authorizes reapplication in a shorter time.

    8.  Except as otherwise provided in this subsection, if a person has applied for a registry identification card pursuant to this section and the Department has not yet approved or denied the application, the person, and his designated primary caregiver, if any, shall be deemed to hold a registry identification card upon the presentation to a law enforcement officer of the copy of the application provided to him pursuant to subsection 4. A person may not be deemed to hold a registry identification card for a period of more than 30 days after the date on which the Department received the application.

9.  As used in this section, “resident” has the meaning ascribed to it in NRS 483.141.

    Sec. 6.  NRS 453A.250 is hereby amended to read as follows:

    453A.250  1.  If a person who applies to the Department for a registry identification card or to whom the Department or its designee has issued a registry identification card pursuant to paragraph (a) of subsection 1 of
NRS 453A.220 desires to designate a primary caregiver, the person must:

    (a) To designate a primary caregiver at the time of application, submit to the Department the information required pursuant to paragraph [(d)] (e) of subsection 2 of NRS 453A.210; or

    (b) To designate a primary caregiver after the Department or its designee has issued a registry identification card to him, submit to the Department the information required pursuant to subparagraph (2) of paragraph (b) of subsection 1 of NRS 453A.230.

    2.  A person may have only one designated primary caregiver at any one time.

    3.  If a person designates a primary caregiver after the time that he initially applies for a registry identification card, the Department or its designee shall, except as otherwise provided in subsection 5 of
NRS 453A.210, issue a registry identification card to the designated primary caregiver as soon as practicable after receiving the information submitted pursuant to paragraph (b) of subsection 1.

    Sec. 7.  NRS 453A.500 is hereby amended to read as follows:

    453A.500  The Board of Medical Examiners or the State Board of Osteopathic Medicine, as applicable, shall not take any disciplinary action against an attending physician on the basis that the attending physician:

    1.  Advised a person whom the attending physician has diagnosed as having a chronic or debilitating medical condition, or a person whom the attending physician knows has been so diagnosed by another physician licensed to practice medicine pursuant to the provisions of chapter 630 of NRS [:] or licensed to practice osteopathic medicine pursuant to the provisions of chapter 633 of NRS:

    (a) About the possible risks and benefits of the medical use of marijuana; or

    (b) That the medical use of marijuana may mitigate the symptoms or effects of the person’s chronic or debilitating medical condition,

if the advice is based on the attending physician’s personal assessment of the person’s medical history and current medical condition.

    2.  Provided the written documentation required pursuant to paragraph (a) of subsection 2 of NRS 453A.210 for the issuance of a registry identification card or pursuant to subparagraph (1) of paragraph (b) of subsection 1 of
NRS 453A.230 for the renewal of a registry identification card, if:

    (a) Such documentation is based on the attending physician’s personal assessment of the person’s medical history and current medical condition; and

    (b) The physician has advised the person about the possible risks and benefits of the medical use of marijuana.

    Sec. 8.  NRS 453A.740 is hereby amended to read as follows:

    453A.740  The Director of the Department shall adopt such regulations as the Director determines are necessary to carry out the provisions of this chapter. The regulations must set forth, without limitation:

    1.  Procedures pursuant to which the State Department of Agriculture will, in cooperation with the Department of Motor Vehicles, cause a registry identification card to be prepared and issued to a qualified person as a type of identification card described in NRS 483.810 to 483.890, inclusive. The procedures described in this subsection must provide that the State Department of Agriculture will:

    (a) Issue a registry identification card to a qualified person after the card has been prepared by the Department of Motor Vehicles; or

    (b) Designate the Department of Motor Vehicles to issue a registry identification card to a person if:

        (1) The person presents to the Department of Motor Vehicles valid documentation issued by the State Department of Agriculture indicating that the State Department of Agriculture has approved the issuance of a registry identification card to the person; and

        (2) The Department of Motor Vehicles, before issuing the registry identification card, confirms by telephone or other reliable means that the State Department of Agriculture has approved the issuance of a registry identification card to the person.

    2.  Criteria for determining whether a marijuana plant is a mature marijuana plant or an immature marijuana plant.

3.  Fees for:

(a) Providing to an applicant an application for a registry identification card, which fee must not exceed $50; and

(b) Processing and issuing a registry identification card, which fee must not exceed $150.

    Sec. 9.  NRS 633.521 is hereby amended to read as follows:

    633.521  An osteopathic physician is not subject to disciplinary action solely for [prescribing] :

1.  Prescribing or administering to a patient under his care:

[1.] (a) Amygdalin (laetrile), if the patient has consented to the use of the substance.

[2.] (b) Procaine hydrochloride with preservatives and stabilizers (Gerovital H3).

[3.] (c) A controlled substance which is listed in schedule II, III, IV or V by the State Board of Pharmacy pursuant to NRS 453.146, if the controlled substance is lawfully prescribed or administered for the treatment of intractable pain in accordance with accepted standards for the practice of osteopathic medicine.

2.  Engaging in any activity in accordance with the provisions of
chapter 453A of NRS.”.

    Amend the title of the bill to read as follows:

    “AN ACT relating to the State Department of Agriculture; authorizing the Director of the State Department of Agriculture and the Department to impose and collect certain fees; making various changes to the program of medical marijuana administered by the Department; and providing other matters properly relating thereto.”.

    Assemblywoman Giunchigliani moved the adoption of the amendment.

    Remarks by Assemblywoman Giunchigliani.

    Amendment adopted.

    Bill ordered reprinted, engrossed, and to third reading.

    Assembly Bill No. 257.

    Bill read second time.

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

    Amendment No. 687.

    Amend sec. 2, page 1, line 13, by deleting: “upon passage and approval.” and inserting: “on July 1, 2003.”.

    Assemblyman Arberry moved the adoption of the amendment.

    Remarks by Assemblyman Arberry.

    Amendment adopted.

    Bill ordered reprinted, engrossed, and to third reading.

    Assembly Bill No. 469.

    Bill read second time and ordered to third reading.

    Assembly Bill No. 476.

    Bill read second time.

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

    Amendment No. 683.

    Amend section 1, page 1, line 1, by deleting “281” and inserting “613”.

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

    Amend section 1, pages 1 and 2, by deleting lines 7 through 13 on page 1 and lines 1 through 9 on page 2, and inserting:

    “2.  Within 30 days after a person begins employment, the person must provide evidence to his employer that he has:

(a) In the manner required pursuant to chapter 482 of NRS, registered any motor vehicle that he owns and that will be used in performing his duties of employment; and

(b) If he possesses a driver’s license, obtained a driver’s license pursuant to chapter 483 of NRS,

or evidence that he is not required by law to register such a motor vehicle or obtain such a license. An employer shall maintain the evidence provided pursuant to this subsection.

3.  The Department of Motor Vehicles may, upon request, assist an employer in confirming that its employees have complied with the requirements of this section.

4.  As used in this section, “employer” means a private or public employer in this state, including, without limitation, the State of Nevada, an”.

    Amend sec. 2, page 2, by deleting line 12 and inserting:

    “Sec. 2.  Each person who is employed on October 1, 2003, by an”.

    Amend sec. 2, page 2, line 13, by deleting “public”.

    Amend sec. 2, page 2, by deleting lines 15 through 17 and inserting: “before January 1, 2004, to his employer.”.

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

    Amend the title of the bill by deleting the first line and inserting:

    “AN ACT relating to employees; requiring employers”.

    Amend the summary of the bill to read as follows:

    “SUMMARY—Requires employers to ensure that employees comply with laws governing registration of motor vehicles and obtaining drivers’ licenses. (BDR 53‑1316)”.

    Assemblywoman Giunchigliani moved the adoption of the amendment.

    Remarks by Assemblywoman Giunchigliani.

    Amendment adopted.

    Bill ordered reprinted, engrossed, and to third reading.

    Assembly Bill No. 542.

    Bill read second time.

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

    Amendment No. 586.

    Amend sec. 5, page 4, line 11, before “Before” by inserting “1.”.

    Amend sec. 5, page 4, by deleting lines 21 through 25 and inserting: “218.2758, inclusive.

2.  Before preparing a fiscal note pursuant to this section, the Fiscal Analysis Division shall:

(a) Provide to the appropriate local governments a copy of the bill or joint resolution for which the fiscal note is required; and

(b) Request that the local governments review the bill or joint resolution and, if required, prepare a fiscal note pursuant to the provisions of subsection 2 of NRS 218.2752.

3.  Except as otherwise provided in this subsection, a fiscal note is not required if the only impact on a local government is that a bill or joint resolution increases or newly provides for a term of imprisonment in a county or city jail or detention facility, or makes release on probation therefrom less likely. The Fiscal Analysis Division shall prepare a fiscal note for a bill or joint resolution for which a fiscal note is not otherwise required pursuant to this subsection if, within 8 working days after the bill or joint resolution is introduced:

(a) A local government prepares a fiscal note for the bill or joint resolution and submits it to the Fiscal Analysis Division; and

(b) The fiscal note complies with requirements set forth in
NRS 218.2751.”.

    Amend the bill as a whole by adding a new section designated sec. 6.5, following sec. 6, to read as follows:

    “Sec. 6.5.  NRS 218.2751 is hereby amended to read as follows:

    218.2751  The fiscal note must be factual and concise in nature, and must provide a reliable estimate of the dollar amount of effect the bill or joint resolution will have. If the agency or local government concludes that no dollar amount can be estimated, the note must so state with reasons for such a conclusion.”.

    Amend the bill as a whole by deleting sec. 17 and adding new sections designated sections 17 and 17.5, following sec. 16, to read as follows:

    “Sec. 17.  NRS 218.934 is hereby amended to read as follows:

    218.934  The Director may:

    1.  Prepare and publish such reports concerning lobbying activities as he deems appropriate.

    2.  Release to the public the name of any lobbyist who fails to file any activity report within 14 days after the date it is required to be filed.

    3.  Revoke the registration of any lobbyist who fails to file any activity report within 30 days after the date it is required to be filed [.] or fails to file two or more activity reports within the time required.

    Sec. 17.5.  NRS 218.940 is hereby amended to read as follows:

    218.940  1.  [Any] Except as otherwise provided in this subsection, a registrant who files an activity report after the time provided in NRS 218.926 shall pay to the Director a fee for late filing of $10 for each day that it was late, but the Director may reduce or waive this fee upon a finding of just cause. The Legislative Commission may by regulation exempt a classification of lobbyist from the fee for late filing.

    2.  An activity report with respect to which a late filing fee has been paid by the registrant or waived by the Director shall be deemed timely filed, and the late filing is not a public offense.”.

    Amend sec. 21, page 12, line 36, after “earned.” by inserting: “Nothing in this section allows a member to receive more than 1 year of credit for retirement eligibility in any year.”.

    Amend the bill as a whole by deleting sec. 22 and adding:

    “Sec. 22.  (Deleted by amendment.)”.

    Assemblywoman Giunchigliani moved the adoption of the amendment.

    Remarks by Assemblywoman Giunchigliani.

    Amendment adopted.

    Bill ordered reprinted, engrossed, and to third reading.

    Assembly Bill No. 543.

    Bill read second time and ordered to third reading.

    Assembly Joint Resolution No. 5.

    Resolution read second time and ordered to third reading.

    Assembly Joint Resolution No. 6.

    Bill read second time.

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

    Amendment No. 593.

    Amend the resolution, page 5, by deleting lines 6 through 8 and inserting: “Federal Government to the State of Nevada to fairly”.

    Assemblywoman Giunchigliani moved the adoption of the amendment.

    Remarks by Assemblywoman Giunchigliani.

    Amendment adopted.

    Bill ordered reprinted, engrossed, and to third reading.

    Senate Bill No. 37.

    Bill read second time and ordered to third reading.

    Senate Bill No. 68.

    Bill read second time and ordered to third reading.

    Senate Bill No. 105.

    Bill read second time.

    The following amendment was proposed by the Committee on Judiciary:

    Amendment No. 674.

    Amend section 1, page 2, by deleting lines 3 through 7 and inserting:

    “2.  If a person commits more than one offense pursuant to a scheme or continuing course of conduct, the value of all property damaged or destroyed by that person in the commission of those offenses may be aggregated for the purpose of determining the penalty prescribed in subsection 1.”.

    Amend section 1, page 2, line 27, by deleting “[6] 12” and inserting “6”.

    Amend section 1, page 2, line 32, by deleting “[6] 12” and inserting “6”.

    Amend the title of the bill, third line, after “property;” by inserting: “providing a penalty;”.

    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. 124.

    Bill read second time and ordered to third reading.

    Senate Bill No. 139.

    Bill read second time and ordered to third reading.

    Senate Bill No. 148.

    Bill read second time and ordered to third reading.

    Senate Bill No. 150.

    Bill read second time and ordered to third reading.

    Senate Bill No. 159.

    Bill read second time and ordered to third reading.

    Senate Bill No. 186.

    Bill read second time.

    The following amendment was proposed by the Committee on Judiciary:

    Amendment No. 675.

    Amend section 1, page 1, line 5, by deleting “chapter.” and inserting: “chapter, except that the fee must not be charged to an obligor more than two times during any month.”.

    Amend the title of the bill by deleting the second and third lines and inserting: “of child support who is subject to withholding of income by his employer; providing for the collection and”.

    Amend the summary of the bill to read as follows:

    “SUMMARY—Imposes fee upon obligor of child support who is subject to withholding of income by his employer. (BDR 3‑446)”.

    Assemblyman Anderson moved the adoption of the amendment.

    Remarks by Assemblyman Anderson.

    Amendment adopted.

    Bill ordered reprinted, engrossed, and to third reading.

    Senate Bill No. 198.

    Bill read second time and ordered to third reading.

    Senate Bill No. 206.

    Bill read second time.

    The following amendment was proposed by the Committee on Judiciary:

    Amendment No. 654.

    Amend sec. 18, page 4, by deleting lines 7 through 10 and inserting:

    “Sec. 18.  “Prime contractor” means:

1.  A person who contracts with an owner of property to provide work, materials or equipment to be used for the improvement of the property or in the construction, alteration or repair of a work of improvement; or

2.  A person who is an owner of the property, is licensed as a general contractor and provides work, materials or equipment to be used for the improvement of the property or in the construction, alteration or repair of a work of improvement.”.

Amend sec. 26, page 7, line 29, by deleting “all” and inserting “the”.

    Amend sec. 26, page 7, by deleting line 31 and inserting: “the Undersigned’s Customer which are the subject of the Invoice or Payment Application, but only to the extent of the Payment Amount or”.

Amend sec. 26, page 8, line 30, by deleting “all” and inserting “the”.

    Amend sec. 26, page 8, by deleting line 32 and inserting: “the Undersigned’s Customer which are the subject of the Invoice or Payment Application, but only to the extent of the Payment Amount or”.

    Amend sec. 28, pages 11 and 12, by deleting lines 38 through 45 on page 11 and lines 1 through 6 on page 12, and inserting: “improvements for which the work, materials and equipment were furnished for:

    (a) If the parties [entered into a contract,] agreed upon a specific price or method for determining a specific price for some or all of the work, material and equipment furnished by or through the lien claimant, the unpaid balance of the price agreed upon for [; or

(b) In absence of a contract,] such work, material or equipment, as the case may be, whether performed or furnished at the instance of the owner or his agent; and

(b) If the parties did not agree upon a specific price or method for determining a specific price for some or all of the work, material and equipment furnished by or through the lien claimant, an amount equal to the fair market value of [, the labor performed or material furnished or rented,] such work, material or equipment, as the case may be, [by each respectively,] including a reasonable allowance”.

Amend sec. 31, page 17, line 14, by deleting “resident” and inserting “residence”.

    Amend sec. 38, page 25, by deleting lines 17 through 20 and inserting: “lease and does not request, require, authorize or consent to his lessee causing the work of improvement to be constructed, altered or repaired upon the property; and

(b) The lessee personally or through his agent or representative enters into a contract and causes the improvements to be”.

Amend sec. 46, page 34, line 10, after “108.237.” by inserting: “Such a judgment is immediately enforceable and may be appealed regardless of whether any other claims asserted or consolidated actions or suits have been resolved by a final judgment.”.

Amend sec. 47, page 34, line 30, by deleting “debtor, [if” and inserting “debtor [, if”.

Amend sec. 47, page 34, line 32, by deleting: “as the case may be,”.

Amend sec. 48, page 35, line 1, by deleting “motion,” and inserting: “motion or petition,”.

Amend sec. 48, page 35, line 3, after “motion” by inserting “or petition”.

    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. 231.

    Bill read second time.

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

    Amendment No. 575.

    Amend section 1, page 1, line 2, by deleting: “2, 3 and 4” and inserting:
“2 to 5, inclusive,”.

    Amend the bill as a whole by deleting sections 2 through 5, renumbering sections 6 through 13 as sections 8 through 15 and adding new sections designated sections 2 through 7, following section 1, to read as follows:

    “Sec. 2.  “Disability” means, with respect to a person:

1.  A physical or mental impairment that substantially limits one or more of the major life activities of the person;

2.  A record of such an impairment; or

3.  Being regarded as having such an impairment.

    Sec. 3.  “Service animal in training” means an animal that is being trained to assist or accommodate a person with a disability.

    Sec. 4.  1.  It is unlawful for a person to allow any animal that he owns, harbors or controls to cause injury to or the death of any service animal or service animal in training, or to endanger or cause injury to a person who has a disability and is accompanied by a service animal or a person who trains service animals and is accompanied by a service animal in training.

2.  Any person, including, without limitation, any firm, association or corporation, who violates the provisions of subsection 1:

(a) Is guilty of a gross misdemeanor and shall be punished:

(1) By a fine of not less than $500 and not more than $2,500; or

(2) If the violation is intentional, by imprisonment in the county jail for not more than 1 year or by a fine of not more than $5,000, or by both fine and imprisonment; and

(b) In addition to any criminal penalty that may be imposed, is civilly liable to the person against whom the violation was committed as provided in section 5 of this act.

3.  In addition to any other penalty, the court shall order a person convicted of a violation of subsection 1 to pay restitution to the person who has the disability or the person who has custody or ownership of the service animal or service animal in training for any veterinary bills, and for the replacement cost of the service animal or service animal in training if it was killed or disabled or has become mentally or physically unable to perform its duties. The restitution must cover all costs for aides, assistance, transportation and other hardships incurred during the absence, and until the replacement, of the service animal or service animal in training.

    Sec. 5.  1.  In addition to any criminal penalty that may be imposed, any person, including, without limitation, any firm, association or corporation, who violates the provisions of subsection 1 of section 4 of this act is civilly liable to the person against whom the violation was committed for:

(a) Actual damages;

(b) Such punitive damages as may be determined by a jury, or by a court sitting without a jury, which must not be more than three times the amount of actual damages, except that in no case may the punitive damages be less than $750; and

(c) Reasonable attorney’s fees as determined by the court.

2.  The remedies provided in this section are nonexclusive and are in addition to any other remedy provided by law, including, without limitation, any action for injunctive or other equitable relief available to the aggrieved person or brought in the name of the people of this state or the United States.

    Sec. 6.  NRS 426.031 is hereby amended to read as follows:

    426.031  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 426.041 to 426.097, inclusive, and sections 2 and 3 of this act have the meanings ascribed to them in those sections.

    Sec. 7.  NRS 426.097 is hereby amended to read as follows:

    426.097  “Service animal” means an animal [which] that has been [or is being] trained to [provide a specialized service to a handicapped person by a school that is approved by the Division to train such an animal.] assist or accommodate a person with a disability.”.

    Amend sec. 9, page 4, line 25, by deleting “companionship or” and inserting “[companionship or]”.

    Amend sec. 9, page 4, by deleting lines 33 and 34 and inserting: “service animal [,] or a service animal in training, as those terms are defined in [chapter 426 of NRS.] NRS 426.097 and section 3 of this act, respectively.”.

    Amend the title of the bill by deleting the second and third lines and inserting: “service animals and service animals in training; prohibiting certain acts relating to service animals, service animals in training or persons using service animals; providing civil liability and requiring the payment of restitution for certain”.

    Assemblywoman Koivisto moved the adoption of the amendment.

    Remarks by Assemblywomen Koivisto and Giunchigliani.

    Amendment adopted.

    Bill ordered reprinted, engrossed, and to third reading.

    Senate Bill No. 255.

    Bill read second time.

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

    Amendment No. 693.

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

    “Section 1.  NRS 598.0999 is hereby amended to read as follows:

    598.0999  1.  A person who violates a court order or injunction issued pursuant to the provisions of NRS 598.0903 to 598.0999, inclusive, upon a complaint brought by the Commissioner, the Director, the district attorney of any county of this state or the Attorney General shall forfeit and pay to the State General Fund a civil penalty of not more than $10,000 for each violation. For the purpose of this section, the court issuing the order or injunction retains jurisdiction over the action or proceeding. Such civil penalties are in addition to any other penalty or remedy available for the enforcement of the provisions of NRS 598.0903 to 598.0999, inclusive.

    2.  In any action brought pursuant to the provisions of NRS 598.0903 to 598.0999, inclusive, if the court finds that a person has willfully engaged in a deceptive trade practice, the Commissioner, the Director, the district attorney of any county in this state or the Attorney General bringing the action may recover a civil penalty not to exceed $2,500 for each violation. The court in any such action may, in addition to any other relief or reimbursement, award reasonable attorney’s fees and costs.

    3.  A natural person, firm, or any officer or managing agent of any corporation or association who knowingly and willfully engages in a deceptive trade practice:

    (a) For the first offense, is guilty of a misdemeanor.

    (b) For the second offense, is guilty of a gross misdemeanor.

    (c) For the third and all subsequent offenses, is guilty of a category D felony and shall be punished as provided in NRS 193.130.

    4.  Any offense which occurred within 10 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of subsection 3 when evidenced by a conviction, without regard to the sequence of the offenses and convictions.

    5.  If a person violates any provision of NRS 598.0903 to 598.0999, inclusive, 598.100 to 598.2801, inclusive, 598.305 to 598.395, inclusive, 598.405 to 598.525, inclusive, 598.741 to 598.787, inclusive, or 598.840 to 598.966, inclusive, fails to comply with a judgment or order of any court in this state concerning a violation of such a provision, or fails to comply with an assurance of discontinuance or other agreement concerning an alleged violation of such a provision, the Commissioner or the district attorney of any county may bring an action in the name of the State of Nevada seeking:

    (a) The suspension of the person’s privilege to conduct business within this state; or

    (b) If the defendant is a corporation, dissolution of the corporation.

The court may grant or deny the relief sought or may order other appropriate relief.

6.  If a person violates any provision of sections 3 to 16, inclusive, of this act, fails to comply with a judgment or order of any court in this state concerning a violation of such a provision, or fails to comply with an assurance of discontinuance or other agreement concerning an alleged violation of such a provision, the Attorney General may bring an action in the name of the State of Nevada seeking:

(a) The suspension of the person’s privilege to conduct business within this state; or

(b) If the defendant is a corporation, dissolution of the corporation.

The court may grant or deny the relief sought or may order other appropriate relief.

    Sec. 2.  Chapter 228 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 16, inclusive, of this act.

    Sec. 3.  As used in sections 3 to 16, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 4, 5 and 6 of this act have the meanings ascribed to them in those sections.

    Sec. 4.  “Registry” means the registry established pursuant to section 7 of this act.

    Sec. 5.  1.  “Telephone solicitor” means a person who makes or causes another person or a machine to make an unsolicited telephone call for the sale of goods or services.

2.  As used in this section:

(a) “Device for automatic dialing and announcing” has the meaning ascribed to it in NRS 597.812.

(b) “Machine” includes, without limitation, a device for automatic dialing and announcing.

    Sec. 6.  1.  “Unsolicited telephone call for the sale of goods or services” means an unsolicited telephone call, other than a telephone call on behalf of a charitable organization, political party or candidate for public office, to:

(a) Rent, lease, sell, exchange, promote or gift any good or service;

(b) Solicit any act described in paragraph (a);

(c) Seek or obtain a donation or contribution of money or anything else of value; or

(d) Seek or obtain information, including, without limitation, any document, intended to be used to facilitate any act described in paragraph (a), (b) or (c).

2.  As used in this section:

(a) “Charitable organization” means a person that the Secretary of the Treasury has determined to be tax exempt pursuant to the provisions of section 501(c)(3) of the Internal Revenue Code of 1986,
26 U.S.C. § 501(c)(3).

(b) “Good or service” means:

(1) Any property or product, whether tangible or intangible;

(2) Any service, including, without limitation, financial service;

(3) A loan or any other extension of credit;

(4) Insurance;

(5) Any investment or opportunity for investment;

(6) A gift, prize, bonus or any other inducement to act; or

(7) Anything of value.

(c) “Telephone call on behalf of a charitable organization” means a telephone call soliciting a donation or contribution to a charitable organization if:

(1) The call is made by an employee of the charitable organization or a volunteer; and

(2) The caller, within 30 seconds after beginning the conversation with the person who is called, discloses:

(I) The actual first and last name of the caller; and

(II) The name, address and telephone number of the charitable organization.

3.  For the purposes of this section, a telephone call is deemed to have been solicited if it is made to a person who:

(a) Expressly requested or expressly gave permission for the telephone call to be made;

(b) Had an established business relationship with the caller, if the telephone call is made solely to verify the termination of the business relationship; or

(c) Has a delinquent obligation for which payment or performance is due but has not been made, if the telephone call is made to:

(1) Collect the payment or obtain the performance; or

(2) Extend credit to allow the person to make the payment.

    Sec. 7.  1.  The Consumer’s Advocate shall:

(a) Establish and maintain, or cause to be established and maintained, a registry that includes the name and telephone number of each person in this state who has requested that his telephone number be included in the list published pursuant to this section;

(b) Provide for a toll-free telephone number that may be used to request inclusion or maintenance of a telephone number in the registry;

(c) Publish a list of the telephone numbers in the registry at least once every 6 months and ensure that no other personally identifying information contained in the registry is included in the published lists;

(d) On January 1, 2007, and every 3 years thereafter, delete from the registry every telephone number and related information, except for each telephone number and related information for which the Consumer’s Advocate has received a request within the preceding 6 months to include or maintain the telephone number in the registry; and

(e) During the 6-month period identified in paragraph (d), use reasonable means, including, without limitation, public service announcements, to inform the public that telephone numbers and related information in the registry will be deleted or otherwise purged unless new or renewed requests for inclusion in the registry are received by the Consumer’s Advocate.

2.  The Consumer’s Advocate may:

(a) Contract for the establishment and maintenance of the registry;

(b) Provide for additional procedures for requesting inclusion or maintenance of a telephone number in the registry; and

(c) Require by regulation that information in addition to names and telephone numbers be included in the registry, including, without limitation, the mailing address of each person who has requested inclusion in the registry.

3.  A person may request that his telephone number be included or maintained in the registry using:

(a) A toll-free telephone number provided by the Consumer’s Advocate for that purpose; or

(b) Any other method provided by the Consumer’s Advocate.

4.  If a person requests that his telephone number be included in the registry, the person must indicate whether he authorizes callers with whom he has an established business relationship, and affiliates of those callers, to make unsolicited sales calls for the sale of goods or services to him despite the inclusion of his telephone number in the registry. If the person does not indicate his choice with regard to such authorization, he shall be deemed to have chosen to authorize such calls. The person may request to change his choice with regard to such authorization using any of the procedures with which he may request to include or maintain his telephone number in the registry. The person’s choice with regard to such authorization must be included in the registry and in every list of the telephone numbers in the registry published while that choice is in effect.

5.  In publishing a list of the telephone numbers in the registry, the Consumer’s Advocate shall publish the list with two distinct portions. One portion must include the telephone number of each person who has chosen to authorize callers with whom the person has an established business relationship, and affiliates of those callers, to make unsolicited sales calls for the sale of goods or services to him despite the inclusion of his telephone number in the registry. The other portion must include the telephone number of each person who has chosen not to authorize callers with whom the person has an established business relationship, and affiliates of those callers, to make unsolicited sales calls for the sale of goods or services to him.

6.  A person may request to have his telephone number removed from the registry. Such a request must be submitted to the Consumer’s Advocate in writing.

    Sec. 8.  1.  The Consumer’s Advocate shall make information available to the public concerning the establishment and maintenance of the registry, including, without limitation:

(a) The procedures for requesting the inclusion or maintenance of a telephone number in the registry;

(b) A statement indicating that a revised version of the list of telephone numbers in the registry will be published at least once every 6 months;

(c) A statement indicating that no information contained in the registry, other than the telephone numbers, will be included on the list published pursuant to this section or otherwise disclosed to the public; and

(d) A statement indicating that all telephone numbers and related information in the registry will be deleted or otherwise purged from the registry every 3 years, except for any telephone number and related information for which the Consumer’s Advocate has received a new or renewed request for inclusion in the registry within the 6 months before the potential deletion.

2.  A person who publishes telephone directories for distribution to the public in this state shall ensure that each such telephone directory includes the information made available to the public by the Consumer’s Advocate pursuant to subsection 1.

    Sec. 9.  1.  The registry is not a public record. Any list published of the telephone numbers contained within the registry is not a public record.

2.  The telephone numbers in the registry must not be published or released except pursuant to the provisions of sections 3 to 16, inclusive, of this act.

3.  The information in the registry other than the telephone numbers:

(a) Must not be published or released; and

(b) May only be used by the Consumer’s Advocate to administer the provisions of sections 3 to 16, inclusive, of this act.

    Sec. 10.  Each list of telephone numbers published pursuant to section 7 of this act must be made available to a telephone solicitor upon the payment of the fee established for this purpose by the Consumer’s Advocate. The fee must not exceed $1,000 annually for each telephone solicitor, regardless of the number of revised editions of the list that are published during the calendar year.

    Sec. 11.  1.  Except as otherwise provided in this section, a telephone solicitor shall not intentionally make an unsolicited telephone call for the sale of goods or services to a telephone number in the currently effective version of the list of telephone numbers in the registry. A telephone solicitor may make an unsolicited telephone call for the sale of goods or services to a telephone number in the currently effective version of the list if:

(a) The telephone solicitor, or an affiliate of the telephone solicitor, has an established business relationship with the person whose telephone number is called; and

(b) The list indicates that the person whose telephone number is called chose to authorize callers with whom he has an established business relationship, and affiliates of those callers, to make unsolicited sales calls for the sale of goods or services to him despite the inclusion of his telephone number in the registry.

2.  A person who obtains a copy of or access to the registry or to any version of the list of telephone numbers in the registry shall not use that information for any purpose other than determining whether a particular telephone number is available for an unsolicited telephone call for the sale of goods or services.

3.  For the purposes of this section, a version of the list of telephone numbers in the registry is deemed to be the currently effective version of the list for the period beginning on the 31st day after it is published and ending on the 30th day after the next version is published.

    Sec. 12.  1.  If the Consumer’s Advocate finds that a telephone solicitor has violated section 11 of this act, the Consumer’s Advocate may, for the first offense, in lieu of taking any action against the telephone solicitor pursuant to section 13 of this act or NRS 598.0903 to 598.0999, inclusive, issue a notice of violation to the telephone solicitor if the telephone solicitor agrees to:

(a) Establish written policies and procedures to ensure compliance with section 11 of this act;

(b) Provide training concerning the provisions of section 11 of this act to each person who makes telephone calls for the telephone solicitor; and

(c) Maintain records evidencing compliance with the provisions of paragraphs (a) and (b).

2.  A notice of violation issued pursuant to subsection 1 must set forth with particularity the violation alleged by the Consumer’s Advocate, the corrective action the telephone solicitor must take and the period within which that corrective action must be taken. If a telephone solicitor to whom a notice of violation is issued fails to take the corrective action set forth in the notice of violation, the Consumer’s Advocate may:

(a) Extend the period for taking corrective action; or

(b) Proceed against the telephone solicitor in accordance with the provisions of section 13 of this act or NRS 598.0903 to 598.0999, inclusive.

    Sec. 13.  1.  If, after an investigation, the Consumer’s Advocate has reasonable cause to believe that any person has been engaged or is engaging in any act in violation of sections 3 to 16, inclusive, of this act, the Consumer’s Advocate may issue an order directed to the person to show cause why the Consumer’s Advocate should not order the person to cease and desist from engaging in the practice. The order must contain a statement of the charges and a notice of a hearing to be held thereon. The order must be served upon the person directly or by certified or registered mail, return receipt requested.

2.  If, after conducting a hearing pursuant to the provisions of subsection 1, the Consumer’s Advocate determines that the person has violated any of the provisions of sections 3 to 16, inclusive, of this act, or if the person fails to appear for the hearing after being properly served with the statement of charges and notice of hearing, the Consumer’s Advocate may make a written report of his findings of fact concerning the violation and cause to be served a copy thereof upon the person and any intervener at the hearing. If the Consumer’s Advocate determines in the report that such a violation has occurred, he may order the violator to:

(a) Cease and desist from engaging in the practice or other activity constituting the violation;

(b) Pay the costs of reporting services, fees for experts and other witnesses, charges for the rental of a hearing room if such a room is not available to the Consumer’s Advocate free of charge, charges for providing an independent hearing officer, if any, and charges incurred for any service of process, if the violator is adjudicated to have committed a violation of sections 3 to 16, inclusive, of this act; and

(c) Provide restitution for any money or property improperly received or obtained as a result of the violation.

The order must be served upon the person directly or by certified or registered mail, return receipt requested. The order becomes effective upon service in the manner provided in this subsection.

3.  Any person whose pecuniary interests are directly and immediately affected by an order issued pursuant to subsection 2 or who is aggrieved by the order may petition for judicial review in the manner provided in chapter 233B of NRS. Such a petition must be filed within 30 days after the service of the order. The order becomes final upon the filing of the petition.

4.  If a person fails to comply with any provision of an order issued pursuant to subsection 2, the Consumer’s Advocate may, at any time 30 days after the service of the order, cause an action to be instituted in the district court of the county wherein the person resides or has his principal place of business requesting the court to enforce the provisions of the order or to provide any other appropriate injunctive relief.

5.  If the court finds that:

(a) The violation complained of is a violation of sections 3 to 16, inclusive, of this act;

(b) The proceedings by the Consumer’s Advocate concerning the written report and any order issued pursuant to subsection 2 are in the interest of the public; and

(c) The findings of the Consumer’s Advocate are supported by the weight of the evidence,

the court shall issue an order enforcing the provisions of the order of the Consumer’s Advocate.

6.  An order issued pursuant to subsection 5 may include:

(a) A provision requiring the payment to the Consumer’s Advocate of a penalty of not more than $5,000 for each act amounting to a failure to comply with the order of the Consumer’s Advocate; or

(b) Such injunctive or other equitable or extraordinary relief as is determined appropriate by the court.

7.  Any aggrieved party may appeal from the final judgment, order or decree of the court in a like manner as provided for appeals in civil cases.

8.  Upon the violation of any judgment, order or decree issued pursuant to subsection 5 or 6, the Consumer’s Advocate, after a hearing thereon, may proceed in accordance with the provisions of NRS 598.0999.

    Sec. 14.  A violation of a provision of sections 3 to 16, inclusive, of this act constitutes a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive. For the purposes of enforcing the provisions of sections 3 to 16, inclusive, of this act, the Consumer’s Advocate may exercise the authority of the Attorney General pursuant to NRS 598.0903 to 598.0999, inclusive.

    Sec. 15.  1.  The Registry Fund is hereby created as a special revenue fund in the State Treasury for the use of the Consumer’s Advocate.

2.  All money collected by the Consumer’s Advocate pursuant to section 10 of this act must be deposited in the State Treasury for credit to the Registry Fund. The interest and income earned on the money in the Registry Fund, after deducting any applicable charges, must be credited to the Registry Fund.

3.  Expenditures from the Registry Fund must be made only to administer and enforce the provisions of sections 3 to 16, inclusive, of this act.

4.  The Consumer’s Advocate shall administer the Registry Fund. All claims against the Registry Fund must be paid as other claims against the State are paid.

5.  Any money remaining in the Registry Fund at the end of a fiscal year does not revert to the State General Fund, and the balance in the Registry Fund must be carried forward to the next fiscal year.

6.  Each year, the Consumer’s Advocate shall submit an itemized statement of the income and expenditures for the Registry Fund:

(a) To the Legislature, if the Legislature is in session; or

(b) If the Legislature is not in session, to the Interim Finance Committee.

    Sec. 16.  The Consumer’s Advocate shall adopt regulations to carry out the provisions of sections 3 to 16, inclusive, of this act.

    Sec. 17.  NRS 228.300 is hereby amended to read as follows:

    228.300  As used in NRS 228.300 to 228.390, inclusive, and sections 3 to 16, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 228.302 to 228.308, inclusive, have the meanings ascribed to them in those sections.

    Sec. 18.  The State Treasurer shall, upon passage and approval of this act, transfer $200,000:

    1.  From the account within the Attorney General’s Special Fund for money deposited pursuant to subsection 1 of NRS 598A.260; and

    2.  To the Registry Fund created by section 15 of this act.

    Sec. 19.  This act becomes effective:

    1.  Upon passage and approval for the purposes of adopting regulations, transferring money pursuant to section 18 of this act, and entering into contracts or otherwise preparing to carry out the provisions of this act;

    2.  On October 1, 2003, for the purposes of the Consumer’s Advocate receiving and accepting requests to include telephone numbers in the registry established pursuant to section 7 of this act;

    3.  On December 1, 2003, for the purpose of publishing the first list of telephone numbers in the registry; and

    4.  On January 1, 2004, for all other purposes.”.

    Amend the title of the bill to read as follows:

    “AN ACT relating to telephone solicitation; requiring the establishment of a registry of certain telephone numbers; requiring the publication of a list of certain telephone numbers; prohibiting a telephone solicitor from making an unsolicited telephone call for the sale of goods or services to a telephone number included in the currently effective version of the list under certain circumstances; providing that the making of an unsolicited telephone call for the sale of goods and services is a deceptive trade practice under certain circumstances; creating the Registry Fund as a special revenue fund in the State Treasury; providing for money to be transferred to the Registry Fund; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

    “SUMMARY—Requires establishment of registry of certain telephone numbers and prohibits telephone solicitors from making unsolicited telephone calls to telephone numbers included in registry under certain circumstances. (BDR 52‑133)”.

    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. 299.

    Bill read second time and ordered to third reading.

    Senate Bill No. 310.

    Bill read second time and ordered to third reading.

    Senate Bill No. 358.

    Bill read second time and ordered to third reading.

    Senate Bill No. 373.

    Bill read second time and ordered to third reading.

    Senate Bill No. 387.

    Bill read second time and ordered to third reading.

    Senate Bill No. 394.

    Bill read second time.

    The following amendment was proposed by the Committee on Judiciary:

    Amendment No. 676.

    Amend sec. 29,  page 30, lines 2, 8, 12, 16, 20, 22, 25, 26, 28, 29, 30, 32, 33, 35, 36, 38, 41, 42, 43 and 44 by deleting “optical”.

    Amend sec. 29, page 31, by deleting line 1 and inserting:

    “(ii) Safrole, its salts, isomers and salts of”.

    Assemblyman Anderson moved the adoption of the amendment.

    Remarks by Assemblyman Anderson.

    Amendment adopted.

    Bill ordered reprinted, engrossed, and to third reading.

    Senate Bill No. 466.

    Bill read second time and ordered to third reading.

    Senate Bill No. 485.

    Bill read second time.

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

    Amendment No. 651.

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

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

    Amend sec. 13, page 3, line 6, by deleting “Division” and inserting: “State Sealer of Weights and Measures”.

    Amend sec. 15, page 5, line 34, by deleting “1.”.

    Amend sec. 15, page 5, line 37, by deleting “(a)” and inserting “1.”.

    Amend sec. 15, page 5, by deleting lines 38 through 41 and inserting: “hours upon presenting his credentials.”.

    Amend sec. 15, page 5, line 42, by deleting “(b)” and inserting “2.”.

    Amend sec. 15, page 6, line 1, by deleting “(c)” and inserting “3.”.

    Amend sec. 15, page 6, line 6, by deleting “(d)” and inserting “4.”.

    Amend sec. 15, page 6, by deleting lines 12 through 15.

    Amend sec. 24, page 8, lines 25 and 27, by deleting “Director” and inserting: “State Sealer of Weights and Measures”.

    Amend sec. 24, page 8, line 33, by deleting “Director;” and inserting: “State Sealer of Weights and Measures;”.

    Amend sec. 24, page 8, line 39, by deleting “Director” and inserting: “State Sealer of Weights and Measures”.

    Amend sec. 26, page 9, line 17, by deleting “Director” and inserting: “State Sealer of Weights and Measures”.

    Amend sec. 49, page 14, line 31, after “1.” by inserting: “Except as otherwise provided in subsection 2:

(a)”.

    Amend sec. 49, page 14, line 35, by deleting “2.” and inserting “(b)”.

    Amend sec. 49, page 14, line 37, by deleting “(a)” and inserting “(1)”.

    Amend sec. 49, page 14, line 39, by deleting “(b)” and inserting “(2)”.

    Amend sec. 49, page 14, between lines 42 and 43, by inserting:

    “2.  A public weighmaster who operates a vehicle scale that was installed before January 1, 2004, may apply to the State Sealer of Weights and Measures for a permanent variance from the requirements of subsection 1 that would allow the split weighing of certain vehicles or combinations of vehicles. The request must contain:

(a) The name, address and telephone number of the public weighmaster and the reason for the request.

(b) The name of the manufacturer, and the type, location, deck length, serial number and capacity, of the vehicle scale.

(c) The maximum distance between the front and rear outer axles of a vehicle or combination of vehicles to which the variance would apply.

(d) A statement certifying that, during the split weighing of any vehicle or combination of vehicles, the public weighmaster will verify that:

(1) Each axle of the vehicle or combination of vehicles rests on a straight surface which is level with the deck of the vehicle scale or which, if not level, the amount by which it is out of level does not exceed 1/3 inch per foot of distance between the deck of the vehicle scale and the axle;

(2) The brakes of the vehicle or combination of vehicles are not used; and

(3) The transmission of the vehicle or combination of vehicles is in neutral.”.

    Amend sec. 51, page 15, line 4, by deleting “Director” and inserting: “State Sealer of Weights and Measures”.

    Amend sec. 53, page 16, lines 4 and 6, by deleting “Director” and inserting: “State Sealer of Weights and Measures”.

    Amend sec. 54, page 16, lines 24 and 27, by deleting “Director” and inserting: “State Sealer of Weights and Measures”.

    Amend sec. 55, page 16, lines 36 and 38, by deleting “Director” and inserting: “State Sealer of Weights and Measures”.

    Amend sec. 55, page 16, line 44, by deleting “Director;” and inserting: “State Sealer of Weights and Measures;”.

    Amend sec. 55, page 17, line 5, by deleting “Director” and inserting: “State Sealer of Weights and Measures”.

    Amend sec. 57, page 17, line 25, by deleting “Director” and inserting: “State Sealer of Weights and Measures”.

    Amend sec. 67, page 21, by deleting lines 26 and 27 and inserting: “within the Department. The Director shall appoint an Administrator of”.

    Amend the title of the bill by deleting the seventh and eighth lines and inserting: “providing for the licensure of”.

    Assemblyman Collins moved the adoption of the amendment.

    Remarks by Assemblyman Collins.

    Amendment adopted.

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

    Senate Bill No. 486.

    Bill read second time.

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

    Amendment No. 650.

    Amend the bill as a whole by deleting sec. 14 and adding:

    “Sec. 14.  (Deleted by amendment.)”.

    Amend sec. 89, page 28, line 24, after “562.280,” by inserting “562.290,”.

    Amend the leadlines of repealed sections by adding the leadline of
NRS 562.290.

    Assemblyman Collins moved the adoption of the amendment.

    Remarks by Assemblyman Collins.

    Amendment adopted.

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

    Senate Bill No. 490.

    Bill read second time and ordered to third reading.

    Senate Joint Resolution No. 3.

    Bill read second time.

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

    Amendment No. 649.

    Amend the resolution, page 3, line 33, by deleting “areas;” and inserting: “areas without first releasing wilderness study areas determined to be unsuitable for designation as wilderness areas;”.

    Amend the preamble of the resolution, page 1, between lines 11 and 12 by inserting:

    “Whereas, A reasonable amount of wilderness area in this state provides for a diverse spectrum of recreational opportunities in Nevada, promotes tourism and provides a place for Nevadans to escape the pressures of urban growth; and”.

    Amend the preamble of the resolution, page 2, line 26, by deleting “imposes” and inserting: “is believed to impose”.

    Amend the preamble of the resolution, page 2, by deleting lines 33 through 35 and inserting:

    “Whereas, Because approximately 2 million acres of federal public land in Nevada have been designated as wilderness areas and approximately 8.6 percent of the federal public land in Nevada that is”.

    Amend the preamble of the resolution, page 2, line 38, by deleting “imposes” and inserting: “is believed to impose”.

    Assemblyman Collins moved the adoption of the amendment.

    Remarks by Assemblyman Collins.

    Amendment adopted.

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

    Senate Joint Resolution No. 4.

    Bill read second time.

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

    Amendment No. 648.

    Amend the resolution, page 3, line 29, by deleting “grazing and” and inserting: “techniques for managing vegetation, including, without limitation, grazing, and the use of appropriately managed”.

    Amend the preamble of the resolution, page 1, between lines 11 and 12 by inserting:

    “Whereas, A reasonable amount of wilderness area in this state provides for a diverse spectrum of recreational opportunities in Nevada, promotes tourism and provides a place for Nevadans to escape the pressures of urban growth; and”.

    Amend the preamble of the resolution, page 2, by deleting lines 7 through 9 and inserting:

    “Whereas, Because approximately 2 million acres of federal public land in Nevada have been designated as wilderness areas and approximately 8.6 percent of the federal public land in Nevada that is”.

    Amend the preamble of the resolution, page 2, line 12, by deleting “imposes” and inserting: “is believed to impose”.

    Assemblyman Collins moved the adoption of the amendment.

    Remarks by Assemblyman Collins.

    Amendment adopted.

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

general file and third reading

    Assembly Bill No. 13.

    Bill read third time.

    Remarks by Assemblymen Leslie, Hettrick, Horne, Carpenter, Brown, and Oceguera.

    Roll call on Assembly Bill No. 13:

    Yeas—26.

    Nays—Andonov, Angle, Beers, Brown, Christensen, Geddes, Gibbons, Grady, Griffin, Gustavson, Hardy, Hettrick, Knecht, Marvel, Perkins, Weber—16.

    Assembly Bill No. 13 having received a constitutional majority,
Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 16.

    Bill read third time.

    Remarks by Assemblywoman Leslie.

    Roll call on Assembly Bill No. 16:

    Yeas—42.

    Nays—None.

    Assembly Bill No. 16 having received a constitutional majority,
Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 254.

    Bill read third time.

    Roll call on Assembly Bill No. 254:

    Yeas—42.

    Nays—None.

    Assembly Bill No. 254 having received a constitutional majority,
Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 267.

    Bill read third time.

    Remarks by Assemblyman Parks.

    Roll call on Assembly Bill No. 267:

    Yeas—42.

    Nays—None.

    Assembly Bill No. 267 having received a constitutional majority,
Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 332.

    Bill read third time.

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

    Amendment No. 686.

    Amend sec. 4, page 2, line 16, by deleting “gross”.

    Amend sec. 4, page 2, by deleting line 17 and inserting: “a fine of not more than $500; and”.

    Amend sec. 5, page 2, line 35, by deleting “gross”.

    Amend sec. 5, page 2, by deleting line 36 and inserting: “a fine of not more than $500; and”.

    Amend sec. 6, page 3, by deleting lines 4 through 9 and inserting:

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

    Amend sec. 7, page 4, line 4, by deleting “gross”.

    Amend sec. 7, page 4, by deleting line 5 and inserting: “a fine of not more than $500; and”.

    Amend sec. 12, page 5, by deleting lines 14 through 21 and inserting: “               (a) Paragraph (a)] the provisions of subsection 1 [is] :

(a) Is guilty of a misdemeanor [.

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

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

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

(b) In addition to”.

    Amend sec. 13, page 5, line 36, by deleting “gross”.

    Amend sec. 13, page 5, by deleting lines 37 through 40 and inserting: “misdemeanor and shall be punished by [imprisonment in the county jail for not more than 6 months or by] a fine of not [less than $100 nor] more than $500 . [, or by both fine and imprisonment.]”.

    Amend sec. 16, page 9, line 13, by deleting “gross”.

    Amend sec. 16, page 9, by deleting line 14 and inserting: “a fine of not more than $500; and”.

    Amend sec. 21, page 11, line 38, by deleting “gross”.

    Amend sec. 21, page 11, by deleting line 39 and inserting: “a fine of not more than $500; and”.

    Amend sec. 22, page 13, line 1, by deleting “gross”.

    Amend sec. 22, page 13, by deleting line 2 and inserting: “a fine of not more than $500; and”.

    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. 516.

    Bill read third time.

    Remarks by Assemblyman Parks.

    Roll call on Assembly Bill No. 516:

    Yeas—40.

    Nays—Angle, Gibbons—2.

    Assembly Bill No. 516 having received a constitutional majority,
Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 518.

    Bill read third time.

    Roll call on Assembly Bill No. 518:

    Yeas—36.

    Nays—Angle, Beers, Brown, Buckley, Gustavson—5.

    Absent—Anderson.

    Assembly Bill No. 518 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 the vote whereby Assembly Bill
No. 518 was this day passed be rescinded.

    Motion carried.

general file and third reading

    Assembly Bill No. 518.

    Bill read third time.

    Roll call on Assembly Bill No. 518:

    Yeas—36.

    Nays—Angle, Beers, Brown, Buckley, Gustavson, Knecht—6.

    Assembly Bill No. 518 having received a constitutional majority,
Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Joint Resolution No. 13.

    Resolution read.

    Remarks by Assemblymen Mortenson and Goldwater.

    Roll call on Assembly Joint Resolution No. 13:

    Yeas—41.

    Nays—Gibbons.

    Assembly Joint Resolution No. 13 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Resolution ordered transmitted to the Senate.

    Assembly Joint Resolution No. 15.

    Resolution read.

    Remarks by Assemblywoman Giunchigliani.

    Roll call on Assembly Joint Resolution No. 15:

    Yeas—42.

    Nays—None.

    Assembly Joint Resolution No. 15 having received a constitutional majority, Mr. Speaker declared it passed.

    Resolution ordered transmitted to the Senate.

    Senate Bill No. 13.

    Bill read third time.

    Roll call on Senate Bill No. 13:

    Yeas—42.

    Nays—None.

    Senate Bill No. 13 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblywoman Giunchigliani moved that Senate Bill No. 287 be taken from the Chief Clerk’s desk and placed at the top of the General File.

    Remarks by Assemblywoman Giunchigliani.

    Motion carried.

general file and third reading

    Senate Bill No. 287.

    Bill read third time.

    The following amendment was proposed by Assemblywoman Giunchigliani:

    Amendment No. 715.

    Amend sec. 5, page 6, by deleting lines 3 and 4 and inserting:

    “2.  Any money that is appropriated to carry out the provisions of”.

    Amend sec. 5, page 6, line 7, after “Fund;” by inserting “and”.

    Amend sec. 5, page 6, line 8, by deleting “provisions; and” and inserting “provisions.”.

    Amend sec. 5, page 6, by deleting lines 9 and 10.

    Assemblywoman Giunchigliani moved the adoption of the amendment.

    Remarks by Assemblywoman Giunchigliani.

    Amendment adopted.

    Bill ordered reprinted, engrossed, and to third reading.

    Senate Bill No. 16.

    Bill read third time.

    Remarks by Assemblyman Hardy.

    Roll call on Senate Bill No. 16:

    Yeas—42.

    Nays—None.

    Senate Bill No. 16 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 24.

    Bill read third time.

    Roll call on Senate Bill No. 24:

    Yeas—42.

    Nays—None.

    Senate Bill No. 24 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 40.

    Bill read third time.

    Remarks by Assemblymen Carpenter and Brown.

    Roll call on Senate Bill No. 40:

    Yeas—39.

    Nays—Andonov, Collins, Gibbons—3.

    Senate Bill No. 40 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 43.

    Bill read third time.

    Remarks by Assemblyman Gustavson.

    Roll call on Senate Bill No. 43:

    Yeas—42.

    Nays—None.

    Senate Bill No. 43 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 48.

    Bill read third time.

    Remarks by Assemblyman Sherer.

    Roll call on Senate Bill No. 48:

    Yeas—42.

    Nays—None.

    Senate Bill No. 48 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 54.

    Bill read third time.

    Remarks by Assemblyman Knecht.

    Roll call on Senate Bill No. 54:

    Yeas—42.

    Nays—None.

    Senate Bill No. 54 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 70.

    Bill read third time.

    Roll call on Senate Bill No. 70:

    Yeas—42.

    Nays—None.

    Senate Bill No. 70 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 89.

    Bill read third time.

    Remarks by Assemblyman Brown.

    Roll call on Senate Bill No. 89:

    Yeas—42.

    Nays—None.

    Senate Bill No. 89 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, Horne, Anderson, Gibbons, and Koivisto.

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblyman Anderson moved that Senate Bill No. 90 be taken from the General File and placed on the Chief Clerk’s desk.

    Remarks by Assemblyman Anderson.

    Motion carried.

    Assemblyman Goldwater moved that Senate Bill No. 183 be taken from the General File and placed on the Chief Clerk’s desk.

    Remarks by Assemblyman Goldwater.

    Motion carried.

general file and third reading

    Senate Bill No. 140.

    Bill read third time.

    Remarks by Assemblyman Knecht.

    Roll call on Senate Bill No. 140:

Yeas—42.

    Nays—None.

    Senate Bill No. 140 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 141.

    Bill read third time.

    Remarks by Assemblyman Knecht.

    Roll call on Senate Bill No. 141:

    Yeas—42.

    Nays—None.

    Senate Bill No. 141 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 145.

    Bill read third time.

    Remarks by Assemblywoman Pierce.

    Roll call on Senate Bill No. 145:

    Yeas—42.

    Nays—None.

    Senate Bill No. 145 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 197.

    Bill read third time.

    Remarks by Assemblyman Carpenter.

    Roll call on Senate Bill No. 197:

    Yeas—42.

    Nays—None.

    Senate Bill No. 197 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 199.

    Bill read third time.

    Remarks by Assemblymen Geddes, Williams, Hettrick, and Anderson.

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

    Assembly in recess at 1:04 p.m.

ASSEMBLY IN SESSION

    At 1:05 p.m.

    Mr. Speaker presiding.

    Quorum present.

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblyman Anderson moved that Senate Bill No. 199 be taken from the General File and placed on the Chief Clerk’s desk.

    Remarks by Assemblyman Anderson.

    Motion carried.

    Assemblyman Manendo moved that Senate Bill No. 280 be taken from the General File and placed on the Chief Clerk’s desk.

    Remarks by Assemblyman Manendo.

    Motion carried.

general file and third reading

    Senate Bill No. 201.

    Bill read third time.

    Roll call on Senate Bill No. 201:

    Yeas—31.

    Nays—Andonov, Angle, Beers, Brown, Carpenter, Gibbons, Goicoechea, Griffin, Gustavson, Hardy, Knecht—11.

    Senate Bill No. 201 having received a two-thirds majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 204.

    Bill read third time.

    Remarks by Assemblymen Angle, Goldwater, Giunchigliani, Anderson, Buckley, and Chowning.

    Potential conflict of interest declared by Assemblywoman Chowning.

    Roll call on Senate Bill No. 204:

    Yeas—42.

    Nays—None.

    Senate Bill No. 204 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 207.

    Bill read third time.

    Remarks by Assemblyman Oceguera.

    Roll call on Senate Bill No. 207:

    Yeas—42.

    Nays—None.

    Senate Bill No. 207 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 237.

    Bill read third time.

    Remarks by Assemblywoman Chowning.

    Roll call on Senate Bill No. 237:

    Yeas—39.

    Nays—Andonov, Gibbons, Koivisto—3.

    Senate Bill No. 237 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. 240, 266, 288, 297, 315, 322, 359, 363, 378, 383, 396, 405, 408, 424, 432, 434, 450, 465, 467, 469, 470, 478, 481, and 482 be taken from the General File and placed on the General File for the next legislative day.

    Motion carried.

UNFINISHED BUSINESS

    Assembly Bill No. 155.

    The following Senate amendment was read:

    Amendment No. 630.

    Amend sec. 4, page 7, by deleting lines 24 through 39 and inserting:

    “2.  Except as otherwise provided in subsection 3:

(a) To request and receive information from the Federal Bureau of Investigation concerning a person pursuant to subsection 1, the agency or political subdivision must:

(1) Require the person to submit a complete set of his fingerprints; and

(2) Forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

(b) Only the Central Repository may:

(1) Receive fingerprints from an agency of the State or any political subdivision for submission to the Federal Bureau of Investigation pursuant to this section;

(2) Submit those fingerprints to the Federal Bureau of Investigation; and

(3) Receive a report from the Federal Bureau of Investigation based on the submission of those fingerprints.

3.  If an agency or political subdivision that wishes to request and receive information from the Federal Bureau of Investigation concerning a person pursuant to subsection 1 is required by federal law to comply with specific procedures to request and receive such information from the Federal Bureau of Investigation:

(a) The provisions of subsection 2 do not apply to the agency or political subdivision; and

(b) The agency or political subdivision must comply with the specific procedures required by federal law.”.

    Amend sec. 7, page 10, by deleting lines 38 through 42 and inserting:

    “2.  The Administrator shall keep the results of the investigation confidential . [, except that if the investigation discloses that the applicant has been convicted of any felony, the Administrator shall notify the applicant and the hiring institution of the conviction and the nature of the offense.]”.

    Amend the title of the bill, sixth line, after “licensing;” by inserting:

“revising certain provisions concerning background checks conducted on certain applicants for employment with private and certain other postsecondary educational institutions;”.

    Assemblyman Anderson moved that the Assembly concur in the Senate Amendment No. 630 to Assembly Bill No. 155.

    Remarks by Assemblyman Anderson.

    Motion carried.

    The following Senate amendment was read:

    Amendment No. 695.

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

    “Section 1.  NRS 179.301 is hereby amended to read as follows:

    179.301  1.  The State Gaming Control Board and Nevada Gaming Commission and their employees, agents and representatives may inquire into and inspect any records sealed pursuant to NRS 179.245 or 179.255, if the event or conviction was related to gaming, [for purposes of determining] to determine the suitability or qualifications of any person to hold a state gaming license, manufacturer’s, seller’s or distributor’s license or gaming work permit pursuant to chapter 463 of NRS. Events and convictions, if any, which are the subject of an order sealing records may form the basis for recommendation, denial or revocation of those licenses or work permits.

    2.  The Central Repository for Nevada Records of Criminal History and its employees may inquire into and inspect any records sealed pursuant to NRS 179.245 or 179.255 that constitute information relating to sexual offenses, and may notify employers of the information in accordance with NRS 179A.180 to 179A.240, inclusive.

    3.  Records which have been sealed pursuant to NRS 179.245 or 179.255 and which are retained in the statewide registry established pursuant to
NRS 179B.200 may be inspected pursuant to chapter 179B of NRS by an officer or employee of the Central Repository for Nevada Records of Criminal History or a law enforcement officer in the regular course of his duties.

4.  As used in this section:

(a) “Information relating to sexual offenses” means information contained in or concerning a record of criminal history, or the records of criminal history of the United States or another state, relating in any way to a sexual offense.

(b) “Sexual offense” has the meaning ascribed to it in NRS 179A.073.”.

    Amend section 1, page 2, line 14, by deleting: “sexual offenses and other” and inserting: “[sexual offenses and other]”.

    Amend section 1, page 2, line 35, by deleting: “Sexual offenses and other records” and inserting: “[Sexual offenses and other records] Records”.

    Amend section 1, page 3, line 39, after “district” by inserting: “or a private school”.

    Amend section 1, page 3, line 41, by deleting “district,” and inserting: “district [,] or a private school,”.

    Amend section 1, page 3, line 43, after “Instruction” by inserting: “, or the administrator of each private school, as appropriate,”.

    Amend section 1, page 4, by deleting line 4 and inserting: “school district or the administrator of each private school, as appropriate, by providing [him] the superintendent or administrator with a list of all persons:”.

    Amend section 1, page 4, line 6, after “district” by inserting: “or private school”.

    Amend section 1, page 4, line 13, after “district” by inserting: “or the administrator of each private school, as applicable,”.

    Amend section 1, page 4, line 14, after “district” by inserting: “or private school, as applicable,”.

    Amend section 1, page 5, between lines 19 and 20, by inserting:

    “(c) “Private school” has the meaning ascribed to it in NRS 394.103.”.

    Amend the bill as a whole by renumbering sec. 2 as sec. 11 and adding new sections designated sections 3 through 10, following section 1, to read as follows:

    “Sec. 3.  NRS 179A.080 is hereby amended to read as follows:

    179A.080  The Director of the Department is responsible for administering this chapter and may adopt regulations for that purpose. The Director shall:

    1.  Adopt regulations for the security of the Central Repository so that it is adequately protected from fire, theft, loss, destruction, other hazards and unauthorized access.

    2.  Adopt regulations and standards for personnel employed by agencies of criminal justice in positions of responsibility for maintenance and dissemination of information relating to [sexual offenses and other] records of criminal history [.] and information disseminated pursuant to
NRS 179A.180 to 179A.240, inclusive.

    3.  Provide for audits of informational systems by qualified public or private agencies, organizations or persons.

    Sec. 4.  NRS 179A.100 is hereby amended to read as follows:

    179A.100  1.  The following records of criminal history may be disseminated by an agency of criminal justice without any restriction pursuant to this chapter:

    (a) Any which reflect records of conviction only; and

    (b) Any which pertain to an incident for which a person is currently within the system of criminal justice, including parole or probation.

    2.  Without any restriction pursuant to this chapter, a record of criminal history or the absence of such a record may be:

    (a) Disclosed among agencies which maintain a system for the mutual exchange of criminal records.

    (b) Furnished by one agency to another to administer the system of criminal justice, including the furnishing of information by a police department to a district attorney.

    (c) Reported to the Central Repository.

    3.  An agency of criminal justice shall disseminate to a prospective employer, upon request, records of criminal history concerning a prospective employee or volunteer which:

    (a) Reflect convictions only; or

    (b) Pertain to an incident for which the prospective employee or volunteer is currently within the system of criminal justice, including parole or probation.

    4.  [The Central Repository shall disseminate to a prospective or current employer, upon request, information relating to sexual offenses concerning an employee, prospective employee, volunteer or prospective volunteer who gives his written consent to the release of that information.

5.]  Records of criminal history must be disseminated by an agency of criminal justice upon request, to the following persons or governmental entities:

    (a) The person who is the subject of the record of criminal history for the purposes of NRS 179A.150.

    (b) The person who is the subject of the record of criminal history or his attorney of record when the subject is a party in a judicial, administrative, licensing, disciplinary or other proceeding to which the information is relevant.

    (c) The State Gaming Control Board.

    (d) The State Board of Nursing.

    (e) The Private Investigator’s Licensing Board to investigate an applicant for a license.

    (f) A public administrator to carry out his duties as prescribed in
chapter 253 of NRS.

    (g) A public guardian to investigate a ward or proposed ward or persons who may have knowledge of assets belonging to a ward or proposed ward.

    (h) Any agency of criminal justice of the United States or of another state or the District of Columbia.

    (i) Any public utility subject to the jurisdiction of the Public Utilities Commission of Nevada when the information is necessary to conduct a security investigation of an employee or prospective employee, or to protect the public health, safety or welfare.

    (j) Persons and agencies authorized by statute, ordinance, executive order, court rule, court decision or court order as construed by appropriate state or local officers or agencies.

    (k) Any person or governmental entity which has entered into a contract to provide services to an agency of criminal justice relating to the administration of criminal justice, if authorized by the contract, and if the contract also specifies that the information will be used only for stated purposes and that it will be otherwise confidential in accordance with state and federal law and regulation.

    (l) Any reporter for the electronic or printed media in his professional capacity for communication to the public.

    (m) Prospective or current employers of prospective or current employees or volunteers if the person who is the subject of the information has given written consent to the release of that information by the agency which maintains it.

    (n) For the express purpose of research, evaluative or statistical programs pursuant to an agreement with an agency of criminal justice.

    (o) An agency which provides child welfare services, as defined in
NRS 432B.030.

    (p) The Welfare Division of the Department of Human Resources or its designated representative.

    (q) An agency of this or any other state or the Federal Government that is conducting activities pursuant to Part D of [Title] Subchapter IV of
Chapter 7 of Title 42 of the Social Security Act, 42 U.S.C. §§ 651 et seq.

    (r) The State Disaster Identification Team of the Division of Emergency Management of the Department.

    (s) The Commissioner of Insurance.

[6.] 5.  Agencies of criminal justice in this state which receive information from sources outside this state concerning transactions involving criminal justice which occur outside Nevada shall treat the information as confidentially as is required by the provisions of this chapter.

    Sec. 5.  NRS 179A.110 is hereby amended to read as follows:

    179A.110  No person who receives information relating to [sexual offenses or other] records of criminal history pursuant to this chapter or who receives information pursuant to NRS 179A.180 to 179A.240, inclusive, may disseminate it further without express authority of law or in accordance with a court order. This section does not prohibit the dissemination of material by an employee of the electronic or printed media in his professional capacity for communication to the public.

    Sec. 6.  NRS 179A.130 is hereby amended to read as follows:

    179A.130  Each agency of criminal justice which maintains and disseminates information relating to [sexual offenses or other] records of criminal history must maintain a log of each dissemination of that information other than a dissemination of the fact that the agency has no record relating to a certain person. The log must be maintained for at least
1 year after the information is disseminated, and must contain:

    1.  An entry showing to what agency or person the information relating to [sexual offenses or other] records of criminal history were provided;

    2.  The date on which the information was provided;

    3.  The person who is the subject of the information; and

    4.  A brief description of the information provided.

    Sec. 7.  NRS 179A.140 is hereby amended to read as follows:

    179A.140  1.  [An] Except as otherwise provided in this subsection, an agency of criminal justice may charge a reasonable fee for information relating to [sexual offenses or other] records of criminal history [furnished] provided to any person or governmental entity . [except] An agency of criminal justice shall not charge a fee for providing such information to another agency of criminal justice [and] if the information is provided for purposes of the administration of criminal justice, or for providing such information to the State Disaster Identification Team of the Division of Emergency Management of the Department. The Central Repository shall not charge such a fee for information relating to a person regarding whom the Central Repository [furnished] provided a similar report within the immediately preceding 6 months in conjunction with the application by that person for professional licensure.

    2.  All money received or collected by the Department pursuant to this section must be used to defray the cost of operating the Central Repository.

    Sec. 8.  NRS 179A.150 is hereby amended to read as follows:

    179A.150  1.  The Central Repository and each state, municipal, county or metropolitan police agency shall permit a person, who is or believes he may be the subject of information relating to [sexual offenses or other] records of criminal history maintained by that agency, to appear in person during normal business hours of the agency and inspect any recorded information held by that agency pertaining to him. This right of access does not extend to data contained in intelligence, investigative or other related files, and does not include any information other than [that defined as information relating to sexual offenses or] information contained in a record of criminal history.

    2.  Each such agency shall adopt regulations and make available necessary forms to permit inspection and review of information relating to [sexual offenses or] other records of criminal history by those persons who are the subjects thereof. The regulations must specify:

    (a) The reasonable periods during which the records are available for inspection;

    (b) The requirements for proper identification of the persons seeking access to the records; and

    (c) The reasonable charges or fees, if any, for inspecting records.

    3.  Each such agency shall procure for and furnish to any person who requests it and pays a reasonable fee therefor, all of the information contained in the Central Repository which pertains to the person making the request.

    4.  The Director of the Department shall adopt regulations governing:

    (a) All challenges to the accuracy or sufficiency of information relating to [sexual offenses or other] records of criminal history by the person who is the subject of the allegedly inaccurate or insufficient record;

    (b) The correction of any information relating to [sexual offenses or other record] records of criminal history found by the Director to be inaccurate, insufficient or incomplete in any material respect;

    (c) The dissemination of corrected information to those persons or agencies which have previously received inaccurate or incomplete information; and

    (d) A time limit of not more than 90 days within which inaccurate or insufficient information relating to [sexual offenses or other] records of criminal history must be corrected and the corrected information disseminated. The corrected information must be sent to each person who requested the information in the 12 months preceding the date on which the correction was made, and notice of the correction must be sent to each person entitled thereto pursuant to NRS 179A.210, to the address given by each person who requested the information when the request was made.

    Sec. 9.  NRS 179A.180 is hereby amended to read as follows:

    179A.180  As used in NRS 179A.180 to 179A.240, inclusive, unless the context otherwise requires:

    1.  “Employee” means a person who renders time and services to an employer, with or without compensation, and whose regular course of duties places that person in a position to:

    (a) Exercise supervisory or disciplinary control over children;

    (b) Have direct access to or contact with children served by the employer; or

    (c) Have access to information or records maintained by the employer relating to identifiable children served by the employer,

and includes a prospective employee, [but does not include a] volunteer or prospective volunteer.

    2.  “Employer” means a person, or a governmental agency or political subdivision of this state that is not an agency of criminal justice, whose employees regularly render services to children, including , without limitation , care, treatment, transportation, instruction, companionship, entertainment and custody.

    Sec. 10.  NRS 179A.190 is hereby amended to read as follows:

    179A.190  1.  Notice of information relating to [sexual] the offenses listed in subsection 4 may be disseminated to employers pursuant to
NRS 179A.180 to 179A.240, inclusive.

    2.  An employer may consider such a notice of information concerning an employee when making a decision to hire, retain, suspend or discharge the employee, and is not liable in an action alleging discrimination based upon consideration of information obtained pursuant to NRS 179A.180 to 179A.240, inclusive.

    3.  The provisions of NRS 179A.180 to 179A.240, inclusive, do not limit or restrict any other statute specifically permitting the dissemination or release of information relating to [sexual offenses.] the offenses listed in subsection 4.

4.  The offenses for which a notice of information may be disseminated pursuant to subsection 1 includes information contained in or concerning a record of criminal history, or the records of criminal history of the United States or another state, relating in any way to:

(a) A sexual offense;

(b) Murder, voluntary manslaughter or mayhem;

(c) Assault with intent to kill or to commit mayhem;

(d) Abuse or neglect of a child or contributory delinquency;

(e) A violation of any provision of chapter 453 of NRS;

(f) A violation committed within the immediately preceding 7 years of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS;

(g) A violation of any provision of NRS 200.5099;

(h) A violation of any provision of NRS 484.379 or 484.3795;

(i) Any offense committed within the immediately preceding 7 years involving fraud, theft, embezzlement, burglary, robbery, fraudulent conversion or misappropriation of property; or

(j) Any other felony committed within the immediately preceding 7 years involving the use of a firearm or other deadly weapon.

5.  The information described in subsection 4 includes acts committed outside this state that would constitute any of the offenses listed in that subsection if committed in this state, and the aiding, abetting, attempting or conspiring to engage in any of the offenses listed in that subsection.”.

    Amend sec. 2, page 5, line 22, by deleting “sexual offenses” and inserting:

“[sexual] the offenses listed in subsection 4 of NRS 179A.190”.

    Amend sec. 2, page 5, lines 24 and 25, by deleting “sexual offenses” and inserting: “[sexual] the offenses listed in subsection 4 of NRS 179A.190”.

    Amend sec. 2, page 5, line 38, by deleting “sexual offenses” and inserting: “[sexual] the offenses listed in subsection 4 of NRS 179A.190”.

    Amend the bill as a whole by renumbering sections 3 through 48 as sections 17 through 62 and adding new sections designated sections 12 through 16, following sec. 2, to read as follows:

    “Sec. 12.  NRS 179A.210 is hereby amended to read as follows:

    179A.210  1.  Upon receipt of a request from an employer for notice of information relating to [sexual offenses,] the offenses listed in subsection 4 of NRS 179A.190, the Central Repository shall undertake a search for the information, unless the request does not conform to the requirements of the Repository. The search must be based on the [employee’s fingerprints,] fingerprints of the employee, or on a number furnished to the employee for identification pursuant to a previous search, as provided by the employer, and must include:

    (a) Identifying any information relating to [sexual] the offenses listed in subsection 4 of NRS 179A.190 concerning the employee in the Central Repository;

    (b) Requesting information relating to [sexual] the offenses listed in subsection 4 of NRS 179A.190 concerning the employee from federal repositories and repositories of other states, if authorized by federal law or an agreement entered into pursuant to NRS 179A.075;

    (c) If the information pertains to an arrest for which no disposition has been reported, contacting appropriate officers in the local jurisdiction where the arrest or prosecution occurred to verify and update the information; and

    (d) Determining whether the information relating to [sexual] the offenses listed in subsection 4 of NRS 179A.190 is the type of information for which notice is subject to dissemination pursuant to this section.

    2.  Notice of information relating to [sexual] the offenses listed in subsection 4 of NRS 179A.190 may be disseminated to an employer who has requested it only if a check of the pertinent records indicates:

    (a) A conviction for [a sexual] any such offense, or a conviction based on an arrest or on an initial charge for [a sexual] any such offense;

    (b) An arrest or an initial charge for [a sexual] any such offense that is pending at the time of the request; or

    (c) Two or more incidents resulting in arrest or initial charge for [a sexual] any such offense that have not resulted in a conviction.

    3.  If a search of the records of the Central Repository reveals no information for which notice is subject to release, the Central Repository shall submit the fingerprints of the employee to the Federal Bureau of Investigation for a search of its records of criminal history. The Central Repository shall review all information received from the Federal Bureau of Investigation. Notice of any information received from the Federal Bureau of Investigation may be disseminated only if the information is of a kind for which notice is subject to release pursuant to this section.

    4.  Within 30 days after receipt of a request by an employer for notice of information relating to [sexual offenses,] the offenses listed in subsection 4 of NRS 179A.190, the Central Repository shall send a written report of the results of the search to the employer and to the employee, except that if the employee has waived his right to receive the results of the search, the report must be sent only to the employer. If the search revealed:

    (a) No information for which notice is subject to release, the report must include a statement to that effect; or

    (b) Information about the employee for which notice is subject to release, the report must include a notice of the type of information, limited to the descriptions set forth in subsection 2, revealed by the search. The notice must not include any further facts or details concerning the information. A statement of the purpose for which the notice is being disseminated, and the procedures by which the employee might challenge the accuracy and sufficiency of the information, must also be included with the report.

    5.  Upon receipt of corrected information relating to [sexual] the offenses listed in subsection 4 of NRS 179A.190 for which notice was disseminated under this section, the Central Repository shall send written notice of the correction to:

    (a) The employee who was the subject of the search, unless the employee has waived his right to receive such a notice;

    (b) All employers to whom notice of the results of the search were disseminated within 3 months before the correction; and

    (c) Upon request of the employee, any other employers who previously received the information.

    6.  Upon receipt of new information relating to [sexual] the offenses listed in subsection 4 of NRS 179A.190 concerning an employee who was the subject of a search within the previous 3 months, for which notice is subject to dissemination under this section, the Central Repository shall send written notice of the information to:

    (a) The employee who was the subject of the search, unless the employee has waived his right to receive such a notice;

    (b) All employers to whom a report of the results of the search were disseminated within 3 months before the correction; and

    (c) Upon request of the employee, any other employers who previously received a report of the results of the search.

    Sec. 13.  NRS 179A.230 is hereby amended to read as follows:

    179A.230  1.  A person who is the subject of a request for notice of information [relating to sexual offenses] pursuant to NRS 179A.180 to 179A.240, inclusive, may recover his actual damages in a civil action against:

    (a) The Central Repository for an intentional or grossly negligent:

        (1) Dissemination of information relating to [sexual] the offenses listed in subsection 4 of NRS 179A.190 not authorized for dissemination; or

        (2) Release of information relating to [sexual] the offenses listed in subsection 4 of NRS 179A.190 to a person not authorized to receive the information;

    (b) The Central Repository for an intentional or grossly negligent failure to correct any notice of information relating to [sexual] the offenses listed in subsection 4 of NRS 179A.190 which was disseminated pursuant to
NRS 179A.180 to 179A.240, inclusive; or

    (c) An employer, representative of an employer or employee for an intentional or grossly negligent violation of NRS 179A.110. Punitive damages may be awarded against an employer, representative of an employer or employee whose violation of NRS 179A.110 is malicious.

    2.  An employer is liable to a child served by the employer for damages suffered by the child as a result of [a sexual] an offense listed in subsection 4 of NRS 179A.190 committed against the child by an employee [hired on or after January 1, 1988,] if, at the time the employer hired the employee, the employee was the subject of information relating to [sexual] the offenses for which notice was available for dissemination to the employer and the employer:

    (a) Failed, without good cause, to request notice of the information pursuant to NRS 179A.180 to 179A.240, inclusive; or

    (b) Was unable to obtain the information because the employee refused to consent to the search and release of the information, and the employer hired or retained the employee despite this refusal. The amount of damages for which an employer is liable pursuant to this subsection must be reduced by the amount of damages recovered by the child in an action against the employee for damages sustained as a result of [the sexual offense.] an offense listed in subsection 4 of NRS 179A.190.

    3.  An action pursuant to this section must be brought within 3 years after:

    (a) The occurrence upon which the action is based; or

    (b) The date upon which the party bringing the action became aware or reasonably should have become aware of the occurrence, whichever was earlier, if he was not aware of the occurrence at the time of the occurrence.

    4.  This section does not limit or affect any other rights, claims or causes of action arising by statute or common law.

5.  For the purposes of subsection 2:

(a) “Employee” does not include a volunteer or prospective volunteer.

(b) In any civil action brought against an employer with respect to a volunteer or prospective volunteer, the fact that the employer did not request notice of information relating to the offenses listed in subsection 4 of
NRS 179A.190 pursuant to NRS 179A.180 to 179A.240, inclusive, must not be considered as evidence of negligence or causation.

    Sec. 14.  NRS 179A.240 is hereby amended to read as follows:

    179A.240  A person who knowingly and willfully:

    1.  Uses NRS 179A.180 to 179A.240, inclusive, to obtain or seek to obtain information relating to [sexual] the offenses listed in subsection 4 of NRS 179A.190 under false pretenses;

    2.  Disseminates or attempts to disseminate information relating to [sexual] the offenses listed in subsection 4 of NRS 179A.190 that he knows was not received in accordance with the provisions of this chapter; or

    3.  Disseminates or attempts to disseminate information relating to [sexual] the offenses listed in subsection 4 of NRS 179A.190 that he knows is false, inaccurate or incomplete, is guilty of a misdemeanor.

    Sec. 15.  NRS 179A.310 is hereby amended to read as follows:

    179A.310  1.  The revolving Account to Investigate the Background of Volunteers Who Work With Children is hereby created in the State General Fund.

    2.  The Director of the Department shall administer the Account to Investigate the Background of Volunteers Who Work With Children. The money in the Account must be expended only to pay the costs of the Central Repository to process requests from nonprofit agencies to determine whether a volunteer of a nonprofit agency who works directly with children or a prospective volunteer of the nonprofit agency who will work directly with children has committed [a sexual offense.] an offense listed in subsection 4 of NRS 179A.190. The existence of the Account to Investigate the Background of Volunteers Who Work With Children does not create a right in any person to receive money from the Account.

    3.  The Director of the Department may apply for and accept any gift, donation, bequest, grant or other source of money. Any money so received must be deposited in the Account to Investigate the Background of Volunteers Who Work With Children.

    4.  The interest and income earned on money in the Account from any gift, donation [,] or bequest, after deducting any applicable charges, must be credited to the Account. Money from any gift, donation [,] or bequest that remains in the Account at the end of the fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.

    5.  The Director of the Department shall adopt regulations to carry out the provisions of this section. The regulations must include, without limitation:

    (a) The procedure by which a person may apply for a grant of money from the Account to Investigate the Background of Volunteers Who Work With Children;

    (b) The criteria that the Department will consider in determining whether to award such a grant of money from the Account; and

    (c) Procedures to distribute the money in the Account in a fair and equitable manner.

    6.  The following facts must not be considered as evidence of negligence or causation in any civil action brought against a nonprofit agency:

    (a) The fact that the nonprofit agency did not apply for a grant of money from the Account.

    (b) The fact that the nonprofit agency did not request that the Central Repository, through the use of the Account, determine whether a volunteer or prospective volunteer of the nonprofit agency has committed [a sexual offense.] an offense listed in subsection 4 of NRS 179A.190.

    Sec. 16.  NRS 179B.250 is hereby amended to read as follows:

    179B.250  1.  The Department shall, in a manner prescribed by the Director, establish within the Central Repository a program to provide the public with access to certain information contained in the statewide registry. The program may include, but is not limited to, the use of a secure website on the Internet or other electronic means of communication to provide the public with access to certain information contained in the statewide registry if such information is made available and disclosed in accordance with the procedures set forth in this section.

    2.  Before a search of the statewide registry is conducted on behalf of a requester seeking information from the program, the requester must provide his name, address and telephone number and the following information concerning the identity of the subject of the search:

    (a) The name of the subject of the search and at least one of the following items:

        (1) The social security number of the subject of the search;

        (2) The identification number from a driver’s license or an identification card issued to the subject of the search by this state; or

        (3) The date of birth of the subject of the search; or

    (b) The name and address of the subject of the search and all of the following items:

        (1) The race or ethnicity of the subject of the search;

        (2) The hair color and eye color of the subject of the search;

        (3) The approximate height and weight of the subject of the search; and

        (4) The approximate age of the subject of the search. After conducting a search based upon information provided pursuant to paragraph (a) or (b), the Central Repository may require the requester to provide additional information to confirm the identity of the subject of the search. The additional information may include, but is not limited to, the license number from a motor vehicle frequently driven by the subject of the search, the employer of the subject of the search or any information listed in paragraph (a) or (b) that was not provided for the initial search.

    3.  After conducting a search of the statewide registry on behalf of a requester, the Central Repository shall inform the requester that:

    (a) No person listed in the statewide registry matches the information provided by the requester concerning the identity of the subject of the search;

    (b) The requester needs to provide additional information concerning the identity of the subject of the search before the Central Repository may disclose the results of the search; or

    (c) A person listed in the statewide registry matches the information provided by the requester concerning the identity of the subject of the search. If a search of the statewide registry results in a match pursuant to this paragraph, the Central Repository:

        (1) Shall inform the requester of each offense for which the subject of the search was convicted and the date and location of each conviction.

        (2) May, through the use of a secure website on the Internet or other electronic means of communication, provide the requester with a photographic image of the subject of the search if such an image is available.

        (3) Shall not provide the requester with any other information that is included in the record of registration for the subject of the search.

    4.  For each inquiry to the program, the Central Repository shall:

    (a) Charge a fee to the requester;

    (b) Maintain a log of the information provided by the requester to the Central Repository and the information provided by the Central Repository to the requester; and

    (c) Inform the requester that information obtained through the program may not be used to violate the law or the individual rights of another person and that such misuse of information obtained through the program may subject the requester to criminal prosecution or civil liability for damages.

    5.  A person may not use information obtained through the program as a substitute for information relating to [sexual] the offenses listed in subsection 4 of NRS 179A.190 that must be provided by the Central Repository pursuant to NRS 179A.180 to 179A.240, inclusive, or another provision of law.”.

    Amend the bill as a whole by renumbering sec. 49 as sec. 64 and adding a new section designated sec. 63, following sec. 48, to read as follows:

    “Sec. 63.  NRS 179A.065 and 179B.120 are hereby repealed.”.

    Amend the bill as a whole by adding the text of repealed sections, following sec. 49, to read as follows:

“

TEXT OF REPEALED SECTIONS

    179A.065  “Information relating to sexual offenses” defined.  “Information relating to sexual offenses” means information contained in or concerning a record of criminal history, or the records of criminal history of the United States or another state, relating in any way to a sexual offense.

    179B.120  “Sexual offense” defined.  “Sexual offense” has the meaning ascribed to it in NRS 179D.410.”.

    Amend the title of the bill by deleting the seventh through tenth lines and inserting: “authorizing the Central Repository for Nevada Records of Criminal History to conduct investigations and to disseminate certain information concerning applicants and employees of private schools; expanding the offenses about which certain employers may obtain information concerning employees; authorizing such employers to obtain the same information about volunteers and prospective volunteers; revising certain provisions concerning background checks conducted on certain applicants for employment with private and certain other postsecondary educational institutions; providing a penalty; and providing other matters properly relating”.

    Amend the summary of the bill to read as follows:

    “SUMMARY—Makes various changes regarding background checks for purposes of employment and licensing. (BDR 14‑430)”.

    Assemblyman Anderson moved that the Assembly do not concur in the Senate Amendment No. 695 amendment to Assembly Bill No. 155.

    Remarks by Assemblyman Anderson.

    Motion carried.

    Bill ordered transmitted to the Senate.

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblyman Oceguera moved that the action whereby Senate Bill
No. 413 was referred to the Committee on Education be rescinded.

    Motion carried.

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

    Motion carried.

Signing of Bills and Resolutions

    There being no objections, the Speaker and Chief Clerk signed
Assembly Bills Nos. 36, 56, 67, 69, 87, 91, 126, 138, 147, 192, 208, 213, 216, 224, 226, 237, 246, 256, 262, 270, 273, 275, 301, 318, 346, 349, 367, 378, 403, 407, 420, 427, 489, 497, 501; Assembly Joint Resolution No. 3; Assembly Concurrent Resolutions Nos. 20, 22, 23, 24, 25, 26;
Senate Bills Nos. 79, 84, 107, 113, 172, 224, 269, 277, 337, 397, 412, 484; Senate Joint Resolutions Nos. 1, 2; Senate Concurrent Resolutions Nos. 11, 34, 35.

GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR

    On request of Assemblywoman Chowning, the privilege of the floor of the Assembly Chamber for this day was extended to Addy Marie Fowler.

    On request of Assemblyman Christensen, the privilege of the floor of the Assembly Chamber for this day was extended to Wade Pope.

    On request of Assemblywoman Gibbons, the privilege of the floor of the Assembly Chamber for this day was extended to Robert Larkin.

    On request of Assemblyman Griffin, the privilege of the floor of the Assembly Chamber for this day was extended to Shawn Uhland,
Audrey Uhland, and Dan Oster.

    On request of Assemblyman Hettrick, the privilege of the floor of the Assembly Chamber for this day was extended to Emile Uhland and
Rachel Uhland.    

    On request of Assemblyman Knecht, the privilege of the floor of the Assembly Chamber for this day was extended to Donna Hataway,
David Lowe, Shari Kind, Becky Smith, Judy Kirka, Tami Abeloe,
A.J. Huntington, Lisa Fleming, Jessica Reeves, Keli Brandenburg,
Monette Miller, Yer Her, Linda Marcin, Winnie Duong, Laura Jarett,
Valerie Byrne, Laura Richards, Carley Allison, Ana Castro, Kevin Chisum, Bryant De Paz, John Dumbauld, Connie Duong, Tyler Duve´,
Jessie Fleming, Aaron Friesen, Odalis Gomez, Caitlin Harrison,
Brittany Hill, Thaddeus Hunter, Jessica Jarett, Caleb Jeffers, Kira Keefe, Jonathan Lanuza, Kim Marcin, Damien McIver, Rebecca Miller,
Evan Richards, Sara Shores, Dan Steele, Katrina Toboada, Briar Timmons, Lue Vang, Kristin Withrow, Kevin Hight, Cassie Broadbent,
Alberto Soriano, Meaghan Foreman, Adrian Lopez, Kimmy Bates,
Zane Ware, Nick Westemeier, Chris Miller, Omar Rios, Jessica Meligan, and Emily Barbera.

    On request of Assemblyman Oceguera, the privilege of the floor of the Assembly Chamber for this day was extended to John Leverich.

    Assemblywoman Buckley moved that the Assembly adjourn until Friday, May 16, 2003, at 11:00 a.m.

    Motion carried.

    Assembly adjourned at 1:29 p.m. 

Approved:                                                                Richard D. Perkins

                                                                                  Speaker of the Assembly

Attest:    Jacqueline Sneddon

                    Chief Clerk of the Assembly