NEVADA LEGISLATURE

THE ONE HUNDRED AND NINTH DAY

Carson City (Thursday), May 22, 2003

Assembly called to order at 11:59 a.m.

Mr. Speaker presiding.

Roll called.

All present.

Prayer by the Chaplain, Reverend Bruce Henderson.

Lord, it’s Thursday, our 16th Thursday here. Mother Goose taught us that Thursday’s child has far to go and that Solomon Grundy took ill on Thursday. O, Lord, we pray, not those. The Wrights made their first flight on a Thursday. We, too, want to soar today. William Blake wrote a poem called “Holy Thursday.” That’s what we pray—a real touch of You this day to help us toward the end of our task. Please.

Amen.

Pledge of Allegiance to the Flag.

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

Motion carried.

REPORTS OF COMMITTEES

Mr. Speaker:

Your Committee on Commerce and Labor, to which were referred Senate Bills Nos. 102, 196, 426, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

David Goldwater, Chairman

Mr. Speaker:

Your Committee on Elections, Procedures, and Ethics, to which was referred Senate Bill
No. 147, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Chris Giunchigliani, Chairman

Mr. Speaker:

Your Committee on Government Affairs, to which was referred Senate Bill No. 331, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Also, your Committee on Government Affairs, to which was referred Senate Bill No. 345, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Also, your Committee on Government Affairs, to which was referred Senate Bill No. 354, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Also, your Committee on Government Affairs, to which was referred Senate Bill No. 444, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Mark Manendo, Chairman

Mr. Speaker:

Your Committee on Judiciary, to which was referred Senate Bill No. 55, has had the same under consideration, and begs leave to report the same back with the recommendation:
Amend, and do pass as amended.

Also, your Committee on Judiciary, to which was referred Senate Bill No. 100, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Bernie Anderson, Chairman

Mr. Speaker:

Your Committee on Natural Resources, Agriculture, and Mining, to which was referred Senate Bill No. 76, 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 Natural Resources, Agriculture, and Mining, to which was referred Senate Bill No. 336, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Tom Collins, Chairman

Mr. Speaker:

Your Committee on Transportation, to which was referred Senate Bill No. 356, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Vonne Chowning, Chairman

Mr. Speaker:

Your Committee on Ways and Means, to which were referred Assembly Bills Nos. 548, 549; Senate Bill No. 416, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Also, your Committee on Ways and Means, to which was referred Senate Bill No. 46, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Morse Arberry Jr., Chairman

MESSAGES FROM THE Senate

Senate Chamber, Carson City, May 21, 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. 294, 304, 315.

Also, I have the honor to inform your honorable body that the Senate amended, and on this day passed, as amended, Assembly Bill No. 73, Amendment No. 657; Assembly Bill No. 107, Amendment No. 725; Assembly Bill No. 166, Amendment No. 743; Assembly Bill No. 215, Amendment No. 632; Assembly Bill No. 324, Amendment No. 723; Assembly Bill No. 353, Amendment No. 751; Assembly Bill No. 402, Amendment No. 565; Assembly Bill No. 451, Amendment No. 669; Assembly Bill No. 528, Amendment No. 827, 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 respectfully refused to recede from its action on Assembly Bill No. 155, Senate Amendment No. 695, and requests a conference, and appointed Senators Nolan, McGinness, and Wiener as a first Conference Committee to meet with a like committee of the Assembly.

Also, I have the honor to inform your honorable body that the Senate on this day concurred in the Assembly Amendment No. 599 to Senate Bill No. 40; Assembly Amendment No. 600 to Senate Bill No. 43; Assembly Amendment No. 601 to Senate Bill No. 48;
Assembly Amendment No. 598 to Senate Bill No. 70; Assembly Amendment No. 523 to
Senate Bill No. 89; Assembly Amendment No. 674 to Senate Bill No. 105;
Assembly Amendment No. 675 to Senate Bill No. 186; Assembly Amendment No. 618 to Senate Bill No. 197; Assembly Amendment No. 652 to Senate Concurrent Resolution No. 7.

Also, I have the honor to inform your honorable body that the Senate on this day respectfully refused to concur in the Assembly Amendment No. 654 to Senate Bill No. 206;
Assembly Amendment No. 619 to Senate Bill No. 207.

Mary Jo Mongelli

Assistant Secretary of the Senate

MOTIONS, RESOLUTIONS AND NOTICES

Assembly Concurrent Resolution No. 10.

Assemblywoman Giunchigliani moved the adoption of the resolution.

Remarks by Assemblywoman Giunchigliani.

Resolution adopted, as amended.

Senate Concurrent Resolution No. 36.

Assemblywoman Koivisto moved the adoption of the resolution.

Remarks by Assemblywoman Koivisto.

Resolution adopted.

INTRODUCTION, FIRST READING AND REFERENCE

By the Committee on Ways and Means:

Assembly Bill No. 550—AN ACT relating to vital statistics; increasing the amount of money that certain persons or governmental organizations must remit to the State Registrar for issuing a certified or official copy of a certificate of birth; requiring those persons or governmental organizations to remit a certain amount to the State Registrar for issuing a certified or official certificate of death; increasing the fees the State Registrar must charge and collect for a certified copy of a record of birth or death; and providing other matters properly relating thereto.

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

Motion carried.

MOTIONS, RESOLUTIONS AND NOTICES

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

Motion carried.

Assemblywoman Buckley moved that Senate Bills Nos. 46, 55, 76, 100, 102, 147, 196, 331, 336, 345, 354, 356, 426, and 444 be placed on the Second Reading File.

Motion carried.

Notice Of Exemption

May 22, 2003

The Fiscal Analysis Division, pursuant to Joint Standing Rule 14.6, has determined the exemption of: Assembly Bill No. 550.

Mark Stevens

Fiscal Analysis Division

SECOND READING AND AMENDMENT

Senate Bill No. 127.

Bill read second time and ordered to third reading.

Senate Bill No. 246.

Bill read second time and ordered to third reading.

Senate Bill No. 247.

Bill read second time and ordered to third reading.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Goldwater moved that Senate Bill No. 319 be taken from the Second Reading File and placed on the Chief Clerk’s desk.

Remarks by Assemblyman Goldwater.

Motion carried.

UNFINISHED BUSINESS

Appointment of Conference Committees

Mr. Speaker appointed Assemblymen Anderson, Carpenter, and Conklin as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Assembly Bill No. 155.

SECOND READING AND AMENDMENT

Senate Bill No. 413.

Bill read second time and ordered to third reading.

Senate Bill No. 494.

Bill read second time and ordered to third reading.

Senate Bill No. 46.

Bill read second time.

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

Amendment No. 851.

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

“Sec. 4. Section 1 of chapter 361, Statutes of Nevada 1995, as amended by chapter 602, Statutes of Nevada 1997, at page 3014, is hereby amended to read as follows:

Section 1. 1. At the general election to be held in the State of Nevada in 1996, there must be submitted to the voters of the state, in the manner prescribed by chapter 349 of NRS, a proposal to issue general obligation bonds of the state to provide grants to local governments and the department of transportation to carry out projects for the control of erosion and the restoration of natural watercourses and other projects in the Lake Tahoe Basin in an amount of not more than $20,000,000.

2. If the proposal is carried, the state board of finance shall issue general obligation bonds of the State of Nevada in a total face amount of not more than $20,000,000. The bonds may be issued at one time or from time to time. The expenses related to the issuance of bonds pursuant to this section must be paid from the proceeds of the bonds, and must not exceed 2 percent of the face amount of the bonds sold.

3. The provisions of the State Securities Law, contained in chapter 349 of NRS, apply to the issuance of bonds pursuant to this section.

Sec. 5. Section 3 of chapter 361, Statutes of Nevada 1995, at page 908, is hereby amended to read as follows:

Sec. 3. After deducting the expenses relating to the issuance of the bonds, the state land registrar may use the proceeds from any bonds issued pursuant to the provisions of section 1 of this act to defray the costs of administering the program for awarding grants ~~[.]~~ and other programs to protect the Lake Tahoe Basin.”.

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. 55.

Bill read second time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 777.

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

“Section 1. NRS 163.050 is hereby amended to read as follows:

163.050 ~~[No]~~

1. Except as otherwise provided in subsection 2, no trustee may directly or indirectly buy or sell any property for the trust from or to itself or an affiliate, or from or to a director, officer or employee of the trustee or of an affiliate, or from or to a relative, employer, partner or other business associate of a trustee, except with the prior approval of the court having jurisdiction of the trust estate.

2. If authorized by the trust instrument or consented to by all beneficiaries of the trust, a corporate trustee may directly or indirectly buy or sell any property, other than real property, for the trust from or to itself or an affiliate, or from or to a director, officer or employee of the trustee or of an affiliate, or from or to a relative, employer, partner or other business associate of the trustee.”.

Amend the title of the bill to read as follows:

“AN ACT relating to trusts; providing a nonjudicial alternative for a corporate trustee to buy or sell property, other than real property, from or to itself, an affiliate or certain other persons related to the corporate trustee or an affiliate under certain circumstances; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Provides nonjudicial alternative for corporate trustee to buy or sell property, other than real property, from or to itself, affiliate or certain other persons related to trustee or affiliate under certain circumstances. (BDR 13‑874)”.

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. 76.

Bill read second time.

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

Amendment No. 826.

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

Amend sec. 2, page 4, by deleting lines 6 and 7 and inserting:

“(b) Other land which is located in this state, is benefited by the livestock being watered and is capable of being used in conjunction with the livestock operation of the person who owns the land if that land is owned by the person”.

Amend the bill as a whole by deleting sections 3 through 5 and renumbering sections 6 through 8 as sections 2 through 4.

Amend sec. 6, page 7, line 13, by deleting “federal”.

Amend sec. 6, page 7, line 38, by deleting “federal”.

Amend sec. 7, page 8, by deleting line 8 and inserting:

“Sec. 3. The amendatory provisions of this act do not”.

Amend sec. 8, page 8, by deleting lines 14 through 19 and inserting:

“Sec. 4. This act becomes effective upon passage and approval.”.

Amend the bill as a whole by deleting sec. 9.

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. 100.

Bill read second time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 744.

Amend sec. 35, page 13, line 1, after “section,” by inserting: “unless the respondent has knowingly and willfully committed a violation,”.

Amend sec. 46, page 17, between lines 31 and 32, by inserting:

“4. Notwithstanding any provision in the declaration, the election of any delegate or representative must be conducted by secret written ballot.

5. When an election of a delegate or representative is conducted by secret written ballot:

(a) The secretary or other officer of the association specified in the bylaws of the association shall cause a secret written ballot and a return envelope to be sent, prepaid by United States mail, to the mailing address of each unit within the common-interest community or to any other mailing address designated in writing by the unit’s owner.

(b) Each unit’s owner must be provided with at least 15 days after the date the secret written ballot is mailed to the unit’s owner to return the secret written ballot to the association.

(c) Only the secret written ballots that are returned to the association in the manner prescribed on the ballot may be counted to determine the outcome of the election.

(d) The secret written ballots must be opened and counted at a meeting called for the purpose of electing delegates or representatives. A quorum is not required to be present when the secret written ballots are opened and counted at the meeting.

(e) A candidate for delegate or representative may not possess, be given access to or participate in the opening or counting of the secret written ballots that are returned to the association in the manner prescribed on the ballot before those secret written ballots have been opened and counted at a meeting called for that purpose.”.

Amend the bill as whole by adding a new section designated sec. 47.5, following sec. 47, to read as follows:

“Sec. 47.5. In conducting any meetings, a rural agricultural residential common-interest community must comply with the provisions set forth in chapter 241 of NRS concerning open meetings which are generally applicable to public bodies.”.

Amend sec. 48, page 18, by deleting lines 15 and 16 and inserting: “by chapter 78 of NRS, NRS 81.010 to 81.160, inclusive, or chapter 82 of NRS and there is a conflict between the provisions of this chapter and the provisions of chapter 78 of NRS, NRS 81.010 to 81.160, inclusive, or chapter 82 of NRS,”.

Amend sec. 54, page 21, line 10, by deleting “A” and inserting: “~~[A]~~ Except as otherwise provided in section 47.5 of this act, a”.

Amend sec. 58, page 24, between lines 14 and 15, by inserting:

“(c) With regard to approving or disapproving any improvement or alteration made to a unit, act in violation of any state or federal law.”.

Amend sec. 61, pages 27 and 28, by deleting lines 40 through 45 on page 27 and lines 1 through 11 on page 28, and inserting: “to exceed the legal rate per annum.

(b) May include any costs of collecting the past due fine at a rate established by the association. If the past due fine is for a violation that does not threaten the health, safety or welfare of the residents of the common-interest community, the rate established by the association for the costs of collecting the past due fine:

(1) May not exceed $20, if the outstanding balance is less than $200.

(2) May not exceed $50, if the outstanding balance is $200 or more, but is less than $500.

(3) May not exceed $100, if the outstanding balance is $500 or more, but is less than $1,000.

(4) May not exceed $250, if the outstanding balance is $1,000 or more, but is less than $5,000.

(5) May not exceed $500, if the outstanding balance is $5,000 or more.

(c) May include any costs incurred by the association during a”.

Amend sec. 61, page 28, by deleting lines 16 through 18 and inserting: “or delivery, and any other fee or cost that an association may reasonably charge to the unit’s owner for”.

Amend sec. 62, page 30, by deleting line 10 and inserting: “the election of any member of the executive board is conducted by secret written ballot:

(a) The secretary or”.

Amend sec. 62, page 30, by deleting lines 16 through 19 and inserting: “~~6.]~~ (b) Each unit’s owner must be provided with at least 15 days after the date the secret written ballot is mailed to the unit’s owner to return the secret written ballot to the association.

(c) A quorum is not required for the election of any member of the executive board.

(d) Only the secret written ballots that are returned to the”.

Amend sec. 62, page 30, line 22, by deleting “(b)” and inserting “(e)”.

Amend sec. 62, page 30, line 26, by deleting “(c)” and inserting “(f)”.

Amend sec. 63, page 31, by deleting line 10 and inserting: “secret written ballot:

(a) The secretary or other officer specified in the”.

Amend sec. 63, page 31, by deleting lines 16 through 18 and inserting: “(b) Each unit’s owner must be provided with at least 15 days after the date the secret written ballot is mailed to the unit’s owner to return the secret written ballot to the association.

(c) Only the secret written ballots that are returned to the”.

Amend sec. 63, page 31, line 20, by deleting “(b)” and inserting “(d)”.

Amend sec. 63, page 31, line 24, by deleting “(c)” and inserting “(e)”.

Amend sec. 66, page 36, by deleting lines 21 and 22 and inserting: “at the meeting;

(d) A record of each member’s vote on any matter decided by”.

Amend sec. 66, page 36, line 24, by deleting “(d)” and inserting “(e)”.

Amend sec. 67, page 37, by deleting lines 12 through 17 and inserting:

“2. An executive board may not meet in executive session to enter into, renew, modify, terminate or take any other action regarding a contract, unless it is a contract between the association and an attorney.”.

Amend sec. 67, page 37, by deleting lines 22 through 25 and inserting: “NRS 49.035 to 49.115, inclusive ~~[;]~~ , or to enter into, renew, modify, terminate or take any other action regarding a contract between the association and the attorney.”.

Amend sec. 79, page 50, line 2, after “all” by inserting: “contracts to which the association is a party and all”.

Amend sec. 79, page 50, by deleting lines 5 through 7 and inserting:

“(a) The personnel records of the employees of the association ~~[; and]~~ , except for those records relating to the number of hours worked and the salaries and benefits of those employees;”.

Amend sec. 79, page 50, line 9, by deleting “2.” and inserting: “2; and

(c) A contract between the association and an attorney.”.

Amend sec. 79, page 50, after line 42, by inserting:

“5. The executive board shall not require a unit’s owner to pay an amount in excess of $10 per hour to review any books, records, contracts or other papers of the association pursuant to the provisions of this section.”.

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. 102.

Bill read second time.

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

Amendment No. 811.

Amend section 1, page 1, by deleting lines 2 and 3 and inserting: “thereto the provisions set forth as sections 2 and 3 of this act.

Sec. 2. 1. A majority of the Commissioners has full power to act in”.

Amend section 1, page 1, line 14, after “Acting Commissioner.” by inserting: “If there are fewer than two Commissioners who are able to act on the matter because of disqualifications, illnesses, incapacities, vacancies that have not yet been filled, or any other reason, and the Governor has not appointed the requisite number of persons to serve as Acting Commissioners pursuant to this subsection, the Deputy Commissioner appointed pursuant to subsection 1 of NRS 703.130 may serve as an Acting Commissioner.”.

Amend section 1, page 2, line 3, after “appointed” by inserting: “or authorized”.

Amend section 1, page 2, line 7, by deleting “was appointed.” and inserting: “is appointed or authorized to serve as an Acting Commissioner.”.

Amend the bill as a whole by renumbering sections 2 through 5 as sections 4 through 7 and adding a new section designated sec. 3, following section 1, to read as follows:

“Sec. 3. 1. The appointment by the Governor of a person to serve as a Commissioner pursuant to NRS 703.030 or as an Acting Commissioner pursuant to section 2 of this act must first be confirmed:

(a) If the Legislature is in session, by a majority vote of the Assembly and a majority vote of the Senate; or

(b) If the Legislature is not in session, by a majority vote of the Legislative Commission.

2. Before voting upon a person proposed for appointment by the Governor to serve as a Commissioner or as an Acting Commissioner, the Legislative Commission shall consider:

(a) The qualifications of the person;

(b) The testimony of the public; and

(c) Any information provided by the person or by the Governor.

3. A person proposed for appointment by the Governor to serve as a Commissioner or as an Acting Commissioner may not serve until confirmed pursuant to this section.

4. If a person is not confirmed after a vote as required pursuant to this section, the Governor may not again propose that person for appointment to serve as a Commissioner or as an Acting Commissioner before the beginning of the next regular session of the Legislature.”.

Amend sec. 2, page 2, line 38, by deleting “1” and inserting “2”.

Amend the bill as a whole by renumbering sec. 6 as sec. 9 and adding a new section designated sec. 8, following sec. 5, to read as follows:

“Sec. 8. The provisions of section 3 of this act apply to any person proposed by the Governor, on or after July 1, 2003, to serve as a Commissioner pursuant to NRS 703.030 or as an Acting Commissioner pursuant to section 2 of this act.”.

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

“authorizing a Deputy Commissioner of the Commission to serve on the Commission as an Acting Commissioner under certain circumstances; requiring the confirmation of each appointment by the Governor of a person to serve as a Commissioner or as an Acting Commissioner;”.

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. 147.

Bill read second time.

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

Amendment No. 790.

Amend the bill as a whole by renumbering section 1 as sec. 1.3 and adding a new section designated section 1, following the enacting clause, to read as follows:

“Section 1. Chapter 281 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.3 and 1.7 of this act.”.

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

“Sec. 1.3. 1. A list of each public officer who is required to file a statement of financial disclosure pursuant to NRS 281.561 or section 1.7 of this act must be submitted electronically to the Commission and to the Secretary of State, in a form”.

Amend section 1, page 2, by deleting line 18 and inserting: “Commission, and each county clerk, or the registrar of voters of the county if one was appointed pursuant to NRS 244.164, and each city clerk shall submit electronically to the Secretary of State, in a form prescribed by the Commission, a list of”.

Amend the bill as a whole by adding a new section designated sec. 1.7, following section 1, to read as follows:

“Sec. 1.7. 1. Except as otherwise provided in subsection 2 or 3, each public officer who was appointed to the office for which he is serving and who is entitled to receive annual compensation of $6,000 or more for serving in that office shall file with the Commission, and with the officer with whom declarations of candidacy for the office are filed, a statement of financial disclosure, as follows:

(a) A public officer appointed to fill the unexpired term of an elected public officer shall file a statement of financial disclosure within 30 days after his appointment.

(b) Each public officer appointed to fill an office shall file a statement of financial disclosure on or before March 31 of each year of the term, including the year the term expires.

(c) A public officer who leaves office on a date other than the expiration of his term or anniversary of his appointment shall file a statement of financial disclosure within 60 days after leaving office.

2. A statement filed pursuant to one of the paragraphs of subsection 1 may be used to satisfy the requirements of another paragraph of subsection 1 if the initial statement was filed not more than 3 months before the other statement is required to be filed.

3. If a person is serving in a public office for which he is required to file a statement pursuant to subsection 1, he may use the statement he files for that initial office to satisfy the requirements of subsection 1 for every other public office in which he is also serving.

4. A person may satisfy the requirements of subsection 1 by filing with the Commission a copy of a statement of financial disclosure that was filed pursuant to the requirements of a specialized or local ethics committee if the form of the statement has been approved by the Commission.

5. A candidate for judicial office or a judicial officer shall file a statement of financial disclosure pursuant to the requirements of Canon 4I of the Nevada Code of Judicial Conduct. Such a statement of financial disclosure must include, without limitation, all information required to be included in a statement of financial disclosure pursuant to NRS 281.571.”.

Amend sec. 2, page 2, line 25, by deleting “section 1” and inserting: “sections 1.3 and 1.7”.

Amend the bill as a whole by adding a new section designated sec. 2.5, following sec. 2, to read as follows:

“Sec. 2.5. NRS 281.461 is hereby amended to read as follows:

281.461 1. The Commission shall:

(a) At its first meeting and annually thereafter elect a Chairman and
Vice Chairman from among its members.

(b) Meet regularly at least once in each calendar quarter, unless there are no requests made for an opinion pursuant to NRS 281.511, ~~[294A.345 or 294A.346,]~~ and at other times upon the call of the Chairman.

2. Members of the Commission are entitled to receive a salary of not more than $80 per day, as fixed by the Commission, while engaged in the business of the Commission.

3. While engaged in the business of the Commission, each member and employee of the Commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

4. The Commission may, within the limits of legislative appropriation, maintain such facilities as are required to carry out its functions.”.

Amend sec. 3, page 2, lines 33 and 34, by deleting:
“281.511, 294A.345 or 294A.346.” and inserting: “281.511 . ~~[, 294A.345 or 294A.346.]~~”.

Amend the bill as a whole by adding new sections designated sections 3.3 and 3.7, following sec. 3, to read as follows:

“Sec. 3.3. NRS 281.465 is hereby amended to read as follows:

281.465 1. The Commission has jurisdiction to investigate and take appropriate action regarding an alleged violation of [:

~~(a) This]~~ this chapter by a public officer or employee or former public officer or employee in any proceeding commenced by:

~~[(1)]~~ (a) The filing of a request for an opinion with the Commission; or

~~[(2)]~~ (b) The Commission on its own motion.

~~[(b) NRS 294A.345 or 294A.346 in any proceeding commenced by the filing of a request for an opinion pursuant thereto.]~~

2. The provisions of ~~[paragraph (a) of]~~ subsection 1 apply to a public officer or employee who:

(a) Currently holds public office or is publicly employed at the commencement of proceedings against him.

(b) Resigns or otherwise leaves his public office or employment:

(1) After the commencement of proceedings against him; or

(2) Within 1 year after the alleged violation or reasonable discovery of the alleged violation.

Sec. 3.7. NRS 281.471 is hereby amended to read as follows:

281.471 The Commission shall:

1. Adopt procedural regulations:

(a) To facilitate the receipt of inquiries by the Commission;

(b) For the filing of a request for an opinion with the Commission;

(d) To facilitate the prompt rendition of opinions by the Commission.

2. Prescribe, by regulation, forms for the submission of statements of financial disclosure filed by candidates and elected and appointed public officers pursuant to NRS 281.561 and section 1.7 of this act and statements of acknowledgment filed by public officers pursuant to NRS 281.552.

3. Prescribe, by regulation, ~~[forms and]~~ procedures for the submission of statements of financial disclosure filed by appointed public officers pursuant to section 1.7 of this act and statements of acknowledgment filed by public officers pursuant to NRS 281.552, maintain files of such statements and make the statements available for public inspection.

~~[3.]~~ 4. Cause the making of such investigations as are reasonable and necessary for the rendition of its opinions pursuant to this chapter.

~~[4.]~~ 5. Inform the Attorney General or district attorney of all cases of noncompliance with the requirements of this chapter.

~~[5.]~~ 6. Recommend to the Legislature such further legislation as the Commission considers desirable or necessary to promote and maintain high standards of ethical conduct in government.

~~[6.]~~ 7. Publish a manual for the use of public officers and employees that contains:

(a) Hypothetical opinions which are abstracted from opinions rendered pursuant to subsection 1 of NRS 281.511, for the future guidance of all persons concerned with ethical standards in government;

(b) Abstracts of selected opinions rendered pursuant to subsection 2 of NRS 281.511; and

(c) An abstract of the requirements of this chapter. The Legislative Counsel shall prepare annotations to this chapter for inclusion in the Nevada Revised Statutes based on the abstracts and published opinions of the Commission.”.

Amend sec. 4, page 4, by deleting line 16 and inserting:

“6. ~~[Except as otherwise provided in this subsection, upon]~~ Upon such a”.

Amend sec. 4, page 4, by deleting lines 21 through 26 and inserting: “testified or produced the books or papers before the Commission. [If the witness has been subpoenaed by the Commission in response to a request for an opinion filed pursuant to NRS 294A.345 or 294A.346, the court shall direct the witness to appear before the court as expeditiously as possible to allow the Commission to render its opinion within the time required by NRS 281.477.] A certified”.

Amend the bill as a whole by adding a new section designated sec. 7.5, following sec. 7, to read as follows:

“Sec. 7.5. NRS 281.521 is hereby amended to read as follows:

281.521 1. The Commission’s opinions may include guidance to a public officer or employee on questions whether:

(a) A conflict exists between his personal interest and his official duty.

(b) His official duties involve the use of discretionary judgment whose exercise in the particular matter would have a significant effect upon the disposition of the matter.

(d) He possesses special knowledge which is an indispensable asset of his public agency and is needed by it to reach a sound decision.

(e) It would be appropriate for him to withdraw or abstain from participation, disclose the nature of his conflicting personal interest or pursue some other designated course of action in the matter.

2. ~~[Except as otherwise provided in NRS 281.477, 294A.345 and 294A.346, the]~~ The Commission’s opinions may not include guidance to a public officer or employee on questions regarding the provisions of chapter 294A of NRS.”.

Amend sec. 8, page 13, by deleting lines 11 through 18 and inserting:

“4. [In addition to any other penalty provided by law, by an affirmative vote of two-thirds of the Commission, the Commission may impose on any person who violates any provision of NRS 294A.345 or 294A.346 a civil penalty not to exceed $5,000. The Commission shall not impose a civil penalty for a violation of NRS 294A.345 unless the Commission has made the specific findings required pursuant to subsection 7 of NRS 281.477.

~~5.]~~ If the Commission finds that:”.

Amend sec. 8, page 13, line 20, by deleting “it” and inserting: “~~[it]~~ the Commission”.

Amend sec. 8, page 13, line 32, by deleting “6.” and inserting “~~[6.]~~ 5.”.

Amend sec. 8, page 13, line 44, by deleting “7.” and inserting “~~[7.]~~ 6.”.

Amend sec. 8, page 14, line 4, by deleting “8.” and inserting “~~[8.]~~ 7.”.

Amend sec. 8, page 14, by deleting lines 13 through 15 and inserting:

“~~[9.]~~ 8. The imposition of a civil penalty pursuant to ~~[subsections 1 to 4, inclusive,]~~ subsection 1, 2 or 3 is a final decision for the purposes of judicial review.

~~[10. In determining for the purposes of this section whether a~~”.

Amend sec. 8, page 14, line 34, after “~~11.]~~” by inserting “9.”.

Amend the bill as a whole by adding new sections designated sections 8.3 and 8.7, following sec. 8, to read as follows:

“Sec. 8.3. NRS 281.552 is hereby amended to read as follows:

281.552 1. Every public officer shall acknowledge that he has received, read and understands the statutory ethical standards. The acknowledgment must be on a form prescribed by the Commission and must accompany the first statement of financial disclosure that the public officer is required to file with the Commission pursuant to section 1.7 of this act or with the Secretary of State pursuant to NRS 281.561.

2. The Commission and the Secretary of State shall retain an acknowledgment filed pursuant to this section for 6 years after the date on which the acknowledgment was filed.

3. Willful refusal to execute and file the acknowledgment required by this section constitutes nonfeasance in office and is a ground for removal pursuant to NRS 283.440.

Sec. 8.7. NRS 281.561 is hereby amended to read as follows:

281.561 1. Except as otherwise provided in subsection 2 or 3, ~~[if a]~~ each candidate for public office ~~[or a public officer is]~~ who will be entitled to receive annual compensation of $6,000 or more for serving in the office ~~[in question, he]~~ that he is seeking and each public officer who was elected to the office for which he is serving shall file with the ~~[Commission,]~~ Secretary of State, and with the officer with whom declarations of candidacy for the office ~~[in question]~~ are filed, a statement of financial disclosure, as follows:

(a) A candidate for nomination, election or reelection to public office shall file a statement of financial disclosure no later than the 10th day after the last day to qualify as a candidate for the office.

(b) ~~[A public officer appointed to fill the unexpired term of an elected public officer shall file a statement of financial disclosure within 30 days after his appointment.~~

~~(c) Every public officer, whether appointed or elected,]~~ Each public officer shall file a statement of financial disclosure on or before March 31 of each year of the term, including the year the term expires.

~~[(d)]~~ (c) A public officer who leaves office on a date other than the expiration of his term or anniversary of his ~~[appointment or election,]~~ election shall file a statement of financial disclosure within 60 days after leaving office.

4. A person may satisfy the requirements of subsection 1 by filing with the ~~[Commission]~~ Secretary of State a copy of a statement of financial disclosure that was filed pursuant to the requirements of a specialized or local ethics committee if the form of the statement has been approved by the Commission.

6. The Secretary of State shall prescribe, by regulation, procedures for the submission of statements of financial disclosure filed by candidates or public officers pursuant to this section, maintain files of such statements and make the statements available for public inspection.”.

Amend sec. 9, page 14, line 41, after “281.571” by inserting: “and section 1.7 of this act”.

Amend sec. 11, page 15, line 19, after “281.561” by inserting: “or section 1.7 of this act”.

Amend sec. 11, page 15, lines 24, 28, 32, 35 and 38, by deleting “281.561,” and inserting: “281.561 or subsection 1 of section 1.7 of this act,”.

Amend the bill as a whole by adding a new section designated sec. 11.5, following sec. 11, to read as follows:

“Sec. 11.5. NRS 294A.410 is hereby amended to read as follows:

294A.410 1. ~~[Except as otherwise provided in NRS 294A.345 and 294A.346, if]~~ If it appears that the provisions of this chapter have been violated, the Secretary of State may:

(a) Conduct an investigation concerning the alleged violation and cause the appropriate proceedings to be instituted and prosecuted in the First Judicial District Court; or

(b) Refer the alleged violation to the Attorney General. The Attorney General shall investigate the alleged violation and institute and prosecute the appropriate proceedings in the First Judicial District Court without delay.

2. A person who believes that any provision of this chapter has been violated may notify the Secretary of State, in writing, of the alleged violation. The notice must be signed by the person alleging the violation and include any information in support of the alleged violation.”.

Amend sec. 12, page 16, by deleting line 13 and inserting:

“Sec. 12. NRS 281.437, 281.477, 281.525, 294A.345 and 294A.346 are hereby repealed.”.

Amend the bill as a whole by adding a new section designated sec. 12.5, following sec. 12, to read as follows:

“Sec. 12.5. The amendatory provisions of this act do not apply to conduct that occurred before the effective date of this act, or to the jurisdiction, duties, powers or proceedings of the Commission on Ethics relating to such conduct.”.

Amend the bill as a whole by deleting the text of repealed sections and inserting the leadlines of repealed sections, following sec. 13, to read as follows:

“

LEADLINES OF REPEALED SECTIONS

281.437 “Vexatious” defined.

281.477 Public hearing on request for opinion as to whether person committed act to impede success of political campaign: Request; notice; response; continuance; actions of Commission; judicial review of final opinion.

281.525 Use of false or misleading statement regarding opinion of Commission; penalty.

294A.345 Impeding success of campaign of candidate by causing publication of certain false statements of fact concerning candidate prohibited; civil penalty imposed by Commission on Ethics.

294A.346 Impeding success or inducing another to impede success of campaign of candidate or for ballot question prohibited; civil penalty imposed by Commission on Ethics.”.

Amend the title of the bill to read as follows:

“AN ACT relating to ethics in government; requiring certain public officers to submit electronically to the Commission on Ethics and the Secretary of State a list of public officers and candidates for public office; revising the prohibition against a public officer or employee using his position in government to secure or grant unwarranted privileges, preferences, exemptions or advantages for certain persons; removing a duplicative provision relating to the disclosure of certain conflicts of interest; revising certain deadlines related to investigations and determinations concerning ethics violations; eliminating the authority of the Commission to impose a civil penalty against a person who submits to the Commission a false accusation or information in bad faith or with a vexatious purpose; revising the provisions governing the filing of statements of financial disclosure; repealing the provision prohibiting a person from making, using, publishing or disseminating a false, deceptive or misleading statement to induce the Commission to render an opinion or take action relating thereto; repealing the provision prohibiting a person from making a false statement of fact concerning a candidate or a question on a ballot under certain circumstances; repealing the provision prohibiting certain persons from willfully impeding the success of the campaign of a candidate or the campaign for the passage or defeat of a question on a ballot; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY―Makes various changes relating to Commission on Ethics and statements of financial disclosure. (BDR 23‑500)”.

Assemblyman Conklin moved the adoption of the amendment.

Remarks by Assemblyman Conklin.

Amendment adopted.

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

Senate Bill No. 196.

Bill read second time.

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

Amendment No. 814.

Amend the bill as a whole by adding new sections designated sections 5.3 through 5.7, following sec. 5, to read as follows:

“Sec. 5.3. 1. As used in this section, “action” includes a course of action and a decision on whether or not to take action.

2. A trustee may provide a notice of proposed action regarding any matter governed by sections 2 to 44, inclusive, of this act.

3. If a trustee provides a notice of proposed action, the trustee shall mail the notice of proposed action to every adult beneficiary who, at the time the notice is provided, receives, or is entitled to receive, income under the trust or who would be entitled to receive a distribution of principal if the trust were terminated. A notice of proposed action need not be provided to a person who consents in writing to the proposed action. A consent to a proposed action may be executed before or after the proposed action is taken.

4. The notice of proposed action must state:

(a) That the notice is provided pursuant to this section;

(b) The name and mailing address of the trustee;

(c) The name and telephone number of a person with whom to communicate for additional information regarding the proposed action;

(d) A description of the proposed action and an explanation of the reason for taking the action;

(e) The time within which objection to the proposed action may be made, which must be not less than 30 days after the notice of proposed action is mailed; and

(f) The date on or after which the proposed action is to be taken or is to be effective.

5. A beneficiary may object to the proposed action by mailing a written objection to the trustee at the address and within the time stated in the notice.

6. If no beneficiary entitled to receive notice of a proposed action objects to the proposed action and the other requirements of this section are met, the trustee is not liable to any present or future beneficiary with respect to that proposed action.

7. If the trustee received a written objection to the proposed action within the period specified in the notice, the trustee or a beneficiary may petition the court for an order to take the action as proposed, take the action with modification or deny the proposed action. A beneficiary who failed to object to the proposed action is not estopped from opposing the proposed action. The burden is on a beneficiary to prove that the proposed action should not be taken or should be modified.

8. If the trustee decides not to take a proposed action for which notice has been provided, the trustee shall notify the beneficiaries of his decision not to take the proposed action and the reasons for his decision. The trustee is not liable to any present or future beneficiary with respect to the decision not to take the proposed action. A beneficiary may petition the court for an order to take the action as proposed. The burden is on the beneficiary to prove that the proposed action should be taken.

9. If the proposed action for which notice has been proved is an adjustment to principal and income pursuant to section 18 of this act, the sole remedy a court may order, pursuant to subsections 7 and 8, is to make the adjustment, to make the adjustment with a modification or to order the adjustment not to be made.

Sec. 5.5. 1. The provisions of sections 2 to 44, inclusive, of this act do not impose or create a duty of a trustee to make an adjustment between principal and income pursuant to the provisions of section 18 of this act.

2. A trustee shall not be liable for:

(a) Not considering whether to make such an adjustment; or

(b) Deciding not to make such an adjustment.

Sec. 5.7. Except as specifically provided in a trust instrument, a will or sections 2 to 44, inclusive, the provisions of sections 2 to 44, inclusive, apply to any trust or estate of a decedent existing on or after October 1, 2003.”.

Amend sec. 18, page 7, by deleting lines 21 and 22.

Assemblyman Goldwater moved the adoption of the amendment.

Remarks by Assemblyman Goldwater.

Amendment adopted.

Bill ordered reprinted, engrossed, and to third reading.

Senate Bill No. 331.

Bill read second time.

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

Amendment No. 780.

Amend sec. 2, page 1, line 3, by deleting “NRS 284.073,” and inserting: “subsection 5 of NRS 284.073, the Chairman of”.

Amend sec. 3, page 2, lines 9 and 27, before “Committee” by inserting: “Chairman of the”.

Amend sec. 3, page 2, line 34, after “the” by inserting: “Chairman of the”.

Amend sec. 3, page 2, lines 36 and 42, by deleting “Committee” and inserting “Chairman”.

Amend sec. 3, page 3, line 17, by deleting “Committee” and inserting “Chairman”.

Amend sec. 4, page 3, by deleting lines 27 through 38 and inserting:

“Sec. 4. An employee who is the subject of an internal administrative investigation that could lead to disciplinary action against him pursuant to NRS 284.385 must be:

1. Provided notice in writing of the allegations against him before he is questioned regarding the allegations; and

2. Afforded the right to have a lawyer or other representative of his choosing present with him at any time that he is questioned regarding those allegations. The employee must be given not less than 2 business days to obtain such representation, unless he waives his right to be represented.”.

Amend the title of the bill to read as follows:

“AN ACT relating to state personnel; authorizing the Chairman of the Employee-Management Committee to issue subpoenas in certain circumstances for the attendance of witnesses and the production of books and papers; providing certain rights for employees that are the subject of an internal administrative investigation; and providing other matters properly related thereto.”.

Assemblyman Manendo moved the adoption of the amendment.

Remarks by Assemblyman Manendo.

Amendment adopted.

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

Senate Bill No. 336.

Bill read second time.

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

Amendment No. 843.

Amend sec. 2, page 3, by deleting lines 7 through 19 and inserting:

“2. Except as otherwise provided in this subsection and subsection ~~[6,]~~ 7, the State Engineer shall approve or reject each application within 1 year after the final date for filing a protest. ~~[However:~~

~~(a) Action may be postponed by the]~~ The State Engineer may:

(a) Postpone action upon written authorization to do so by the applicant or, if an application is protested, by the protestant and the applicant . ~~[; and]~~

(b) Postpone action if the purpose for which the application was made is municipal use.

(c) In areas where studies of water supplies have been determined to be necessary by the State Engineer pursuant to NRS 533.368 or where court actions are pending, ~~[the State Engineer may]~~ withhold action until it is determined there is unappropriated water or the court action becomes final.”.

Amend the bill as a whole by adding a new section designated sec. 3.5, following sec. 3, to read as follows:

“Sec. 3.5. NRS 534.270 is hereby amended to read as follows:

534.270 1. Upon receipt of an application for a permit to operate a project, the State Engineer shall endorse on the application the date it was received and keep a record of the application. He shall conduct an initial review of the application within 45 days after receipt of the application. If the State Engineer determines in the initial review that the application is incomplete, he shall notify the applicant. The application is incomplete until the applicant files all the information requested in the application. The State Engineer shall determine whether the application is correct within 180 days after receipt of a complete application. The State Engineer may request additional information from the applicant. The State Engineer may conduct such independent investigations as are necessary to determine whether the application should be approved or rejected.

2. If the application is determined to be complete and correct, the State Engineer, within 30 days after such a determination or a longer period if requested by the applicant, shall cause notice of the application to be given once each week for 2 consecutive weeks in a newspaper of general circulation in the county or counties in which persons reside who could reasonably be expected to be affected by the project. The notice must state:

(a) The legal description of the location of the proposed project;

(b) A brief description of the proposed project including its capacity;

(c) That any person who may be adversely affected by the project may file a written protest with the State Engineer within 30 days after the last publication of the notice;

(d) The date of the last publication;

(e) That the grounds for protesting the project are limited to whether the project would be in compliance with subsection 2 of NRS 534.250;

(f) The name of the applicant; and

(g) That a protest must:

(1) State the name and mailing address of the protester;

(2) Clearly set forth the reason why the permit should not be issued; and

(3) Be signed by the protester or the protester’s agent or attorney.

3. A protest to a proposed project:

(a) May be made by any person who may be adversely affected by the project;

(b) Must be in writing;

(d) Must be upon a ground listed in subsection 2 of NRS 534.250;

(e) Must state the name and mailing address of the protester;

(f) Must clearly set forth the reason why the permit should not be issued; and

(g) Must be signed by the protester or the protester’s agent or attorney.

4. Upon receipt of a protest, the State Engineer shall advise the applicant by certified mail that a protest has been filed.

5. Upon receipt of a protest, or upon his own motion, the State Engineer may hold a hearing. Not less than 30 days before the hearing, the State Engineer shall send by certified mail notice of the hearing to the applicant and any person who filed a protest.

6. The State Engineer shall either approve or deny each application within 1 year after the final date for filing a protest, unless he has received a written request from the applicant to postpone his decision or, in the case of a protested application, from both the protester and the applicant. The State Engineer may delay action on the application pursuant to paragraph ~~[(b)]~~ (c) of subsection 2 of NRS 533.370.

7. Any person aggrieved by any decision of the State Engineer made pursuant to subsection 6, may appeal that decision to the district court pursuant to NRS 533.450.”.

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. 345.

Bill read second time.

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

Amendment No. 784.

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

“Sec. 2. The Public Employees’ Retirement System shall:

1. On or before October 1, 2003, submit a request to the Internal Revenue Service of the United States Department of the Treasury for a determination of whether disability retirement benefits paid pursuant to chapter 286 of NRS are excludable from taxable income;

2. On or before July 1, 2004, review any alternative methods allowed under federal law for reporting disability retirement allowances to the Internal Revenue Service and consider the feasibility of implementing any such method; and

3. On or before July 1, 2004, prepare and submit a report to the Legislative Commission regarding the determination that it requested pursuant to subsection 1 and the results of its review pursuant to subsection 2.”.

Amend sec. 2, page 1, by deleting line 8 and inserting:

“Sec. 3. 1. This section and section 2 of this act become effective upon passage and approval.

2. Section 1 of this act becomes effective on July 1, 2005.”.

Assemblyman Manendo moved the adoption of the amendment.

Remarks by Assemblyman Manendo.

Amendment adopted.

Bill ordered reprinted, engrossed, and to third reading.

Senate Bill No. 354.

Bill read second time.

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

Amendment No. 706.

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

“Section 1. Chapter 278 of NRS is hereby amended by adding thereto a new section to read as follows:

A governing body or its authorized representative may relieve a person who proposes to divide land pursuant to NRS 278.360 to 278.460, inclusive, or 278.471 to 278.4725, inclusive, from the requirement to dedicate easements to public utilities that provide gas, electric, telecommunications, water and sewer services and any franchised community antenna television companies pursuant to paragraph (d) or (e) of subsection 9 of NRS 278.372 or paragraph (c) or (d) of subsection 4 of NRS 278.472 if the person demonstrates to the public body or its authorized representative that there is not an essential nexus to the public purpose for the dedication and the dedication is not roughly proportional in nature and extent to the impact of the proposed development.”.

Amend section 1, page 2, by deleting lines 27 through 30 and inserting:

“(d) Except as otherwise provided in section 1 of this act, an easement for public utilities that provide gas, electric and telecommunications services and for any community antenna television companies that have a franchise to operate a community antenna television system in that area.

(e) Except as otherwise provided in section 1 of this act, an easement for public utilities that provide water and sewer services.”.

Amend sec. 3, page 4, by deleting lines 16 through 19 and inserting:

“(c) ~~[Any easements]~~ Except as otherwise provided in section 1 of this act, an easement for public utilities ~~[which exist or which are proposed.]~~ that provide gas, electric and telecommunications services and for any community antenna television companies that have a franchise to operate a community antenna television system in that area.

(d) Except as otherwise provided in section 1 of this act, an easement for public utilities that provide water and sewer services.”.

Amend sec. 4, page 5, by deleting lines 25 through 28 and inserting:

(d) Except as otherwise provided in section 1 of this act, an easement for public utilities that provide water and sewer services.”.

Amend the title of the bill to read as follows:

“AN ACT relating to property; requiring certain subdividers of land to dedicate easements to certain public utilities and franchised community antenna television companies; providing an exception; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Requires certain subdividers of land to dedicate easements to certain public utilities and franchised community antenna television companies under certain circumstances. (BDR 22‑598)”.

Assemblyman Manendo moved the adoption of the amendment.

Remarks by Assemblyman Manendo.

Amendment adopted.

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

Senate Bill No. 356.

Bill read second time.

The following amendment was proposed by the Committee on Transportation:

Amendment No. 836.

Amend section 1, page 1, by deleting lines 14 through 17 and inserting:

“3. A person who violates this section is guilty of a misdemeanor and, except as otherwise provided in subsection 4, shall be punished:

(a) As provided in NRS 193.150; or

(b) If the violation does not cause any personal injury or damage to property, by a fine of not more than $100.

4. The provisions of subsection 3 do not prohibit a local authority from enacting by ordinance a traffic regulation that:

(a) Covers the same subject matter as this section; and

(b) Imposes upon a person for any violation of such a traffic regulation a penalty which is not greater than the fullest penalty that may be imposed for conviction of a misdemeanor pursuant to NRS 193.150.”.

Amend the title of the bill, second line, after “highways;” by inserting: “authorizing local authorities to impose different penalties for corresponding violations;”.

Assemblywoman Chowning moved the adoption of the amendment.

Remarks by Assemblywoman Chowning.

Amendment adopted.

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

Senate Bill No. 426.

Bill read second time.

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

Amendment No. 821.

Amend sec. 8, page 3, by deleting line 20 and inserting: “shall:

(a) Establish procedures and standards for the review and approval of such an application, including, without limitation, procedures for:

(1) Review and approval of such an application by administrative staff pursuant to this section; and

(2) Consideration of such an application by the land use authority if the administrative staff denies the application; and

(b) Authorize administrative staff to review and approve such an application pursuant to this section.

2. The administrative staff authorized to review and approve an application to construct a facility for personal wireless service may approve such an application if:

(a) The applicant complies with the procedures established by the land use authority pursuant to this section;

(b) The facility for personal wireless service meets the standards established by the land use authority pursuant to this section;”.

Amend sec. 8, page 3, line 21, by deleting “(a)” and inserting “(c)”.

Amend sec. 8, page 3, line 25, by deleting “(b)” and inserting “(d)”.

Amend sec. 8, page 3, line 31, by deleting “authority;” and inserting: “authority, if the facility for personal wireless service that is the subject of the application is architecturally integrated as described in subparagraph (1) at least to the extent that the facility for personal wireless service with which it is to be collocated is architecturally integrated;”.

Amend sec. 8, page 3, by deleting line 37.

Amend sec. 8, page 3, between lines 38 and 39 by inserting:

“3. If the administrative staff authorized pursuant to this section to review and approve an application to construct a facility for personal wireless service denies such an application, the administrative staff shall provide to the applicant and the land use authority a written explanation that identifies each procedure and standard that the applicant, application or facility for personal wireless service failed to meet.”.

Amend sec. 8, page 3, line 39, by deleting “2.” and inserting “4.”.

Amend sec. 8, pages 3 and 4, by deleting lines 44 and 45 on page 3 and lines 1 and 2 on page 4.

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

Amend sec. 8, page 4, line 5, after “application” by inserting: “based on the use of the public right-of-way”.

Amend sec. 8, page 4, by deleting lines 6 and 7 and inserting:

“(1) Meets all applicable state and local requirements for use of a public right-of-way, including, without limitation, any requirements established by the land use authority; and”.

Amend sec. 8, page 4, by deleting lines 9 through 11.

Amend sec. 10, page 4, line 16, by deleting “or conditions”.

Amend sec. 10, page 4, line 20, by deleting “or conditioned”.

Amend sec. 10, page 4, by deleting lines 22 and 23 and inserting:

“(b) Describe the documents relied upon by the land use authority in making its decision.”.

Amend the title of the bill to read as follows:

“AN ACT relating to wireless telecommunications; providing for standards and procedures for approval by a state or local land use authority of an application for the construction of a facility for personal wireless service under certain circumstances; authorizing a land use authority to assess an applicant for the actual costs incurred by the authority to process an application; requiring that a denial of an application be in writing, set forth each ground for denial and describe the documents relied upon; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Provides for standards and procedures for approval of applications for construction of facilities for personal wireless communications. (BDR 58-1286)”.

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. 444.

Bill read second time.

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

Amendment No. 738.

Amend section 1, page 1, by deleting line 14 and inserting: “which are located on that real property. The provisions of this subparagraph do not prohibit the State from making grants to the City of Las Vegas for the operation or maintenance of the real property or any appurtenances or facilities which are located on the real property.”.

Amend section 1, page 2, line 2, by deleting: “Floyd Lamb State Park” and inserting: “a name which includes the name of Floyd Lamb”.

Amend section 1, page 2, by deleting line 3 and inserting: “approves the change by statute.”.

Amend section 1, page 2, by deleting line 6 and inserting: “the agreement by statute; or”.

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

Amend sec. 2, page 2, between lines 19 and 20, by inserting:

“(4) Ensure that the property is used only for passive recreation; and”.

Assemblyman Manendo moved the adoption of the amendment.

Remarks by Assemblyman Manendo.

Amendment adopted.

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

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Brown moved that Assembly Bill No. 534 be taken from the General File and placed on the Chief Clerk's desk.

Remarks by Assemblyman Brown.

Motion carried.

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

Motion carried.

Assemblyman Manendo moved that Senate Bill No. 112 be taken from the Chief Clerk’s desk and placed on the Second Reading File.

Remarks by Assemblyman Manendo.

Motion carried.

UNFINISHED BUSINESS

Recede From Assembly Amendments

Assemblyman Anderson moved that the Assembly do not recede from its action on Senate Bill No. 206, that a conference be requested, and that
Mr. Speaker appoint a first Conference Committee consisting of three members to meet with a like committee of the Senate.

Remarks by Assemblyman Anderson.

Motion carried.

Appointment of Conference Committees

Mr. Speaker appointed Assemblymen Anderson, Sherer, and Horne as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Senate Bill No. 206.

Recede From Assembly Amendments

Assemblyman Anderson moved that the Assembly do not recede from its action on Senate Bill No. 207, that a conference be requested, and that
Mr. Speaker appoint a first Conference Committee consisting of three members to meet with a like committee of the Senate.

Remarks by Assemblyman Anderson.

Motion carried.

Appointment of Conference Committees

Mr. Speaker appointed Assemblymen Horne, Carpenter, and Ohrenschall as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Senate Bill No. 207.

Consideration of Senate Amendments

Assembly Bill No. 353.

The following Senate amendment was read:

Amendment No. 751.

Amend sec. 2, page 2, line 22, by deleting “A” and inserting: “Except as otherwise required by federal law, a”.

Amend sec. 2, page 2, line 36, after “(a)” by inserting: “ “Commercial purposes” means the use of directory information by any person, including, without limitation, a corporation or other business, outside of the System to solicit or provide facilities, goods or services in exchange for the payment of any purchase price, fee, contribution, donation or other valuable consideration.

(b)”.

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

Amend sec. 2, page 2, line 42, by deleting “(c)” and inserting “(d)”.

Amend the bill as a whole by deleting sections 3 through 7 and adding:

“Secs. 3-7. (Deleted by amendment.)”.

Amend sec. 8, page 4, by deleting lines 1 through 7 and inserting:

“Sec. 8. This act becomes effective on July 1, 2003.”.

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

Amend the title of the bill to read as follows:

“AN ACT relating to the University and Community College System of Nevada; providing certain restrictions upon the disclosure of personally identifiable information concerning students for commercial and noncommercial uses; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Makes various changes to provisions governing disclosure of personally identifiable information concerning students by University and Community College System of Nevada. (BDR 34‑76)”.

Assemblyman Williams moved that the Assembly do not concur in the Senate amendment to Assembly Bill No. 353.

Remarks by Assemblyman Williams.

Motion carried.

Bill ordered transmitted to the Senate.

Assembly Bill No. 507.

The following Senate amendment was read:

Amendment No. 673.

Amend section 1, page 1, by deleting line 8 and inserting: “student in his major ~~[, if applicable,]~~ or minor, or other course work”.

Assemblyman Williams moved that the Assembly concur in the Senate amendment to Assembly Bill No. 507.

Remarks by Assemblyman Williams.

Motion carried by a constitutional majority.

Bill ordered to enrollment.

Assembly Bill No. 73.

The following Senate amendment was read:

Amendment No. 657.

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

“Sec. 2. NRS 200.5099 is hereby amended to read as follows:

200.5099 1. Except as otherwise provided in subsection 6, any person who abuses an older person ~~[, causing the older person to suffer unjustifiable physical pain or mental suffering,]~~ is guilty :

(a) For the first offense, of a gross misdemeanor; or

(b) For any subsequent offense or if the person has been previously convicted of violating a law of any other jurisdiction that prohibits the same or similar conduct, of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 6 years, unless a more severe penalty is prescribed by law for the act or omission which brings about the abuse.

2. Except as otherwise provided in subsection 7, any person who has assumed responsibility, legally, voluntarily or pursuant to a contract, to care for an older person and who:

(a) Neglects the older person, causing the older person to suffer physical pain or mental suffering;

(b) Permits or allows the older person to suffer unjustifiable physical pain or mental suffering; or

(c) Permits or allows the older person to be placed in a situation where the older person may suffer physical pain or mental suffering as the result of abuse or neglect, is guilty of a gross misdemeanor unless a more severe penalty is prescribed by law for the act or omission which brings about the abuse or neglect.

3. Except as otherwise provided in subsection 4, any person who exploits an older person shall be punished, if the value of any money, assets and property obtained or used:

(a) Is less than $250, for a misdemeanor by imprisonment in the county jail for not more than 1 year, or by a fine of not more than $2,000, or by both fine and imprisonment;

(b) Is at least $250, but less than $5,000, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment; or

(c) Is $5,000 or more, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years, or by a fine of not more than $25,000, or by both fine and imprisonment, unless a more severe penalty is prescribed by law for the act which brought about the exploitation. The monetary value of all of the money, assets and property of the older person which have been obtained or used, or both, may be combined for the purpose of imposing punishment for an offense charged pursuant to this subsection.

4. If a person exploits an older person and the monetary value of any money, assets and property obtained cannot be determined, the person shall be punished for a gross misdemeanor by imprisonment in the county jail for not more than 1 year, or by a fine of not more than $2,000, or by both fine and imprisonment.

5. Any person who isolates an older person is guilty:

(a) For the first offense, of a gross misdemeanor; or

(b) For any subsequent offense, of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $5,000.

6. A person who violates any provision of subsection 1, if substantial bodily or mental harm or death results to the older person, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years, unless a more severe penalty is prescribed by law for the act or omission which brings about the abuse.

7. A person who violates any provision of subsection 2, if substantial bodily or mental harm or death results to the older person, shall be punished for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 6 years, unless a more severe penalty is prescribed by law for the act or omission which brings about the abuse or neglect.

8. In addition to any other penalty imposed against a person for a violation of any provision of NRS 200.5091 to 200.50995, inclusive, the court:

(a) Shall order the person to pay restitution; and

(b) May order the person to pay court costs, the cost of enforcement, the cost of prosecution or any combination thereof.

9. As used in this section:

(a) “Allow” means to take no action to prevent or stop the abuse or neglect of an older person if the person knows or has reason to know that the older person is being abused or neglected.

(b) “Permit” means permission that a reasonable person would not grant and which amounts to a neglect of responsibility attending the care and custody of an older person.

(c) “Substantial mental harm” means an injury to the intellectual or psychological capacity or the emotional condition of an older person as evidenced by an observable and substantial impairment of the ability of the older person to function within his normal range of performance or behavior.

Sec. 3. NRS 200.50995 is hereby amended to read as follows:

200.50995 A person who conspires with another to commit abuse, exploitation or isolation of an older person as prohibited by NRS 200.5099 ~~[,]~~ shall be punished:

1. For the first offense, for a gross misdemeanor.

2. For the second and all subsequent offenses, for a category C felony as provided in NRS 193.130. ~~[In addition to any other penalty, the court shall order the person to pay restitution.]~~ Each person found guilty of such a conspiracy is jointly and severally liable for the restitution and any costs ordered by the court pursuant to NRS 200.5099 with each other person found guilty of the conspiracy.”.

Amend the title of the bill, third line, by deleting: “providing a penalty;” and inserting: “revising the provisions concerning certain crimes against older persons; providing penalties;”.

Assemblyman Anderson moved that the Assembly do not concur in the Senate amendment to Assembly Bill No. 73.

Remarks by Assemblyman Anderson.

Motion carried.

Bill ordered transmitted to the Senate.

Assembly Bill No. 78.

The following Senate amendment was read:

Amendment No. 719.

Amend section 1, page 3, line 6, after “201.262;” by inserting “or”.

Amend section 1, page 3, by deleting line 7.

Amend section 1, page 3, line 8, by deleting “(e)” and inserting “(d)”.

Assemblyman Anderson moved that the Assembly concur in the Senate Amendment No. 719 to Assembly Bill No. 78.

Remarks by Assemblyman Anderson.

Motion carried.

The following Senate amendment was read:

Amendment No. 773.

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

“Sec. 5. Chapter 179B of NRS is hereby amended by adding thereto a new section to read as follows:

“Offender” means a sex offender or an offender convicted of a crime against a child.

Sec. 6. NRS 179B.010 is hereby amended to read as follows:

179B.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 179B.020 to 179B.140, inclusive, and section 5 of this act have the meanings ascribed to them in those sections.

Sec. 7. 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,]~~ For each inquiry to the program, the requester must provide:

(a) The name of the subject of the search;

(b) Any alias of the subject of the search;

(c) The zip code of the residence, place of work or school of the subject of the search; or

(d) Any other information concerning the identity or location of the subject of the search that is deemed sufficient in the discretion of the Department.

3. For each inquiry to the program, made by the requester, the Central Repository shall:

(a) Explain the levels of notification that are assigned to sex offenders pursuant to NRS 179D.730; and

(b) Explain that the Central Repository is prohibited by law from disclosing information concerning certain offenders, even if those offenders are listed in the statewide registry.

4. If an offender listed in the statewide registry matches the information provided by the requester concerning the identity or location of the subject of the search, the Central Repository:

(a) Shall disclose to the requester information concerning an offender who is assigned a Tier 3 level of notification.

(b) May, in the discretion of the Department, disclose to the requester information concerning an offender who is assigned a Tier 2 level of notification.

(c) Shall not disclose to the requester information concerning an offender who is assigned a Tier 1 level of notification.

5. After each inquiry to the program made by the requester, the Central Repository shall inform the requester that:

(a) No ~~[person]~~ offender listed in the statewide registry matches the information provided by the requester concerning the identity or location of the subject of the search;

(b) The search of the statewide registry has not produced information that is available to the public through the statewide registry;

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

~~[(c) A person]~~

(d) An offender listed in the statewide registry matches the information provided by the requester concerning the identity or location 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 the name or any alias of the offender and the zip codes of the residence, work place and school of the offender.

(2) Shall inform the requester of each offense for which the ~~[subject of the search]~~ offender was convicted , describing each offense in language that is understandable to the ordinary layperson, and the date and location of each conviction.

~~[(2)]~~ (3) Shall inform the requester of the age of the victim and offender at the time of each offense.

(4) 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]~~ offender if such an image is available.

~~[(3)]~~ (5) Shall not provide the requester with any other information that is included in the record of registration for the ~~[subject of the search.~~

~~4.]~~ offender.

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

~~(a) Charge a fee to the requester;~~

~~(b) Maintain]~~ 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.]~~ 7. A person may not use information obtained through the program as a substitute for information relating to sexual offenses that must be provided by the Central Repository pursuant to NRS 179A.180 to 179A.240, inclusive, or another provision of law.

8. The provisions of this section do not prevent law enforcement officers, the Central Repository and its officers and employees, or any other person from:

(a) Accessing information in the statewide registry pursuant to
NRS 179B.200;

(b) Carrying out any duty pursuant to chapter 179D of NRS; or

(c) Carrying out any duty pursuant to another provision of law.

Sec. 8. NRS 179B.260 is hereby repealed.”.

Amend the bill as a whole by adding the text of the repealed section, following sec. 5, to read as follows:

“

TEXT OF REPEALED SECTION

179B.260 Use of fees collected from operation of program. All money received by the Central Repository from operation of the program must be used as provided in subsection 2 of NRS 179A.140.”.

Amend the title of the bill to read as follows:

“AN ACT relating to offenders; revising the penalty for a sexual assault against a child under the age of 16 years; revising the penalty for lewdness with a child; prohibiting the suspension of sentence or granting of probation to a person convicted of lewdness with a child; revising certain provisions relating to the program that provides the public with access to certain information in the statewide registry concerning certain sex offenders and offenders convicted of a crime against a child; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Makes changes to various provisions pertaining to certain offenders who commit sexual offenses and crimes against children. (BDR 15‑1031)”.

Assemblyman Anderson moved that the Assembly do not concur in the Senate amendment No. 773 to Assembly Bill No. 78.

Remarks by Assemblyman Anderson.

Motion carried.

Bill ordered transmitted to the Senate.

Assemblywoman Buckley moved that the Assembly recess until 4:30 p.m.

Motion carried.

Assembly in recess at 12:54 p.m.

ASSEMBLY IN SESSION

At 5:29 p.m.

Mr. Speaker presiding.

Quorum present.

REPORTS OF COMMITTEES

Mr. Speaker:

Your Committee on Government Affairs, to which was referred Senate Bill No. 229, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Mark Manendo, Chairman

Mr. Speaker:

Your Committee on Judiciary, to which were referred Senate Bills Nos. 241, 436, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Bernie Anderson, Chairman

Mr. Speaker:

Your Committee on Transportation, to which was referred Senate Bill No. 116, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Vonne Chowning, Chairman

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Oceguera moved that Senate Bills Nos. 116, 229, 241, and 436 be placed on the Second Reading File.

Motion carried.

SECOND READING AND AMENDMENT

Senate Bill No. 112.

Bill read second time.

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

Amendment No. 847.

Amend section 1, page 2, between lines 2 and 3, by inserting:

“3. The Secretary of State shall adopt regulations to define “care, custody and control” for the purposes of subsection 1.”.

Amend sec. 2, page 3, by deleting lines 12 through 14 and inserting: “check or other instrument:

(1) A fee of $25; and

(2) If the check or other instrument that was returned had been presented for the payment of a filing fee for more than one entity, an additional fee in an amount equal to the actual cost incurred by the Office of the Secretary of State to perform any administrative duties required as a result of the returned check or instrument.

The Secretary of State shall, by regulation, establish procedures for the imposition of the fees authorized by this paragraph and the manner in which a fee authorized by subparagraph (2) will be calculated.”.

Amend the title of the bill, fourth line, after “State;” by inserting: “requiring the Secretary of State to adopt certain regulations;”.

Assemblyman Manendo moved the adoption of the amendment.

Remarks by Assemblyman Manendo.

Amendment adopted.

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

Senate Bill No. 116.

Bill read second time.

The following amendment was proposed by the Committee on Transportation:

Amendment No. 878.

Amend section 1, page 1, line 3, by deleting “9” and inserting “6”.

Amend section 1, page 1, line 4, by deleting “80” and inserting “60”.

Amend section 1, page 2, lines 18, 29 and 37, by deleting “court” and inserting: “Department of Public Safety”.

Amend section 1, page 3, by deleting lines 9 through 14 and inserting:

“6. As used in this section, “child restraint system” means any device that is designed for use in a motor vehicle to restrain, seat or position children. The term includes, without limitation:

(a) Booster seats and belt-positioning seats that are designed to elevate or otherwise position a child so as to allow the child to be secured with a safety belt;

(b) Integrated child seats; and

(c) Safety belts that are designed specifically to be adjusted to accommodate children.”.

Amend sec. 2, page 3, line 29, by deleting “9” and inserting “6”.

Amend sec. 2, page 3, line 30, by deleting “80” and inserting “60”.

Amend sec. 2, page 3, line 38, by deleting “9” and inserting “6”.

Amend sec. 2, page 3, by deleting line 40 and inserting:

“(b) Is less than 6 years of age but who weighs more than 60”.

Amend the title of the bill to read as follows:

“AN ACT relating to motor vehicles; requiring that a child who is both less than 6 years of age and weighs 60 pounds or less be secured in a child restraint system when traveling in certain motor vehicles; requiring that such a system be properly installed within and attached to the motor vehicle; revising the provisions relating to the imposition of a fine or a requirement to perform community service for failing to secure a child in a child restraint system; requiring that each child who is not required to be secured in a child restraint system must be secured with a standard safety belt; and providing other matters properly relating thereto.”.

Assemblywoman Chowning moved the adoption of the amendment.

Remarks by Assemblywoman Chowning.

Amendment adopted.

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

Senate Bill No. 229.

Bill read second time.

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

Amendment No. 779.

Amend section 1, page 1, line 6, after “allowed.” by inserting: “Such public comment may be allowed immediately preceding action on the specific item, during a single period preceding action on any item on the agenda, or any combination thereof.”.

Amend section 1, page 1, by deleting lines 8 and 9 and inserting: “rule of procedure regarding the public comment required pursuant to
subsection 1.”.

Amend sec. 1.5, page 3, by deleting line 16 and inserting:

“(b) A public body to which another public body has delegated the authority to take final action subject to appeal to that other public body; or”

Amend sec. 1.5, page 3, line 17, by deleting “(b)” and inserting “(c)”.

Amend sec. 1.5, page 3, line 21, by deleting “government.” and inserting:

“government or a public body which has fewer than one full-time administrative employee or whose members are not entitled by statute to receive per diem or other compensation while engaged in the business of the public body.”.

Amend sec. 2, pages 3 through 6, by deleting lines 26 through 44 on
page 3, lines 1 through 45 on page 4, lines 1 through 43 on page 5 and lines 1 through 6 on page 6, and inserting:

“241.020 1. Except as otherwise provided by specific statute, all meetings of public bodies must be open and public, and all persons must be permitted to attend any meeting of these public bodies. Public officers and employees responsible for these meetings shall make reasonable efforts to assist and accommodate physically handicapped persons desiring to attend.

2. Except in an emergency, written notice of all meetings must be given at least 3 working days before the meeting. The notice must include:

(a) The time, place and location of the meeting.

(b) A list of the locations where the notice has been posted.

(1) A clear and complete statement of the topics scheduled to be considered during the meeting.

(2) A list describing the items on which action may be taken and clearly denoting that action may be taken on those items.

(3) A period devoted to comments by the general public, if any, and discussion of those comments. No action may be taken upon a matter raised under this item of the agenda until the matter itself has been specifically included on an agenda as an item upon which action may be taken pursuant to subparagraph (2).

(4) If any portion of the meeting will be closed, an indication of any item that is a closed session and an estimated time for the conduct of that closed session. If the meeting will include more than one closed session, the public body shall schedule and consider those items consecutively, if practicable.

3. Minimum public notice is:

(a) Posting a copy of the notice at the principal office of the public body or, if there is no principal office, at the building in which the meeting is to be held, and at not less than three other separate, prominent places within the jurisdiction of the public body not later than 9 a.m. of the third working day before the meeting; and

(b) Providing a copy of the notice to any person who has requested notice of the meetings of the public body. A request for notice lapses 6 months after it is made ~~[.]~~ and may be renewed by the requester in writing. The public body shall inform the requester of this fact by enclosure with, notation upon or text included within the first notice sent. The notice must be:

(1) Delivered to the postal service used by the public body not later than 9 a.m. of the third working day before the meeting for transmittal to the requester by regular mail; or

(2) ~~[If feasible for the public body and the requester has agreed to receive the public notice by electronic mail, transmitted]~~ Transmitted to the requester by electronic mail sent not later than 9 a.m. of the third working day before the meeting ~~[.]~~ if feasible for the public body, the requester has agreed to receive the public notice by electronic mail and receipt of such an electronic notice can be verified.

4. If a public body maintains ~~[a]~~ its own website on the Internet or its successor, the public body shall post notice of each of its meetings on its website not later than 9 a.m. of the third working day before the meeting unless the public body is unable to do so because of technical problems relating to the operation or maintenance of its website. Regardless of whether it maintains its own website on the Internet or its successor, a public body that is a governing board shall post notice of each of its meetings on a public website on the Internet or its successor not later than 9 a.m. of the third working day before the meeting unless the public body is unable to do so because of technical problems relating to the operation or maintenance of the website. Notice posted pursuant to this subsection is supplemental to and is not a substitute for the minimum public notice required pursuant to subsection 3. The inability of a public body to post notice of a meeting pursuant to this subsection as a result of such technical problems ~~[with its website]~~ shall not be deemed to be a violation of the provisions of this chapter.

5. Upon any request, a public body shall provide, at no charge, at least one copy of:

(a) An agenda for a public meeting;

(b) A proposed ordinance or regulation which will be discussed at the public meeting; and

(c) Any other supporting material provided to the members of the public body for an item on the agenda, except materials:

(1) Submitted to the public body pursuant to a nondisclosure or confidentiality agreement;

(2) Pertaining to the closed portion of such a meeting of the public body; or

(3) Declared confidential by law. If the requester has agreed to receive the information and material set forth in this subsection by electronic mail, the public body shall, if feasible, provide the information and material by electronic mail.

6. A public body may provide the public notice, information and material required by this section by electronic mail. If a public body makes such notice, information and material available by electronic mail, the public body shall inquire of a person who requests the notice, information or material if the person will accept receipt by electronic mail. The inability of a public body, as a result of technical problems with its electronic mail system, to provide a public notice, information or material required by this section to a person who has agreed to receive such notice, information or material by electronic mail shall not be deemed to be a violation of the provisions of this chapter.

7. As used in this section, “emergency” means an unforeseen circumstance which requires immediate action and includes, but is not limited to:

(a) Disasters caused by fire, flood, earthquake or other natural causes; or

(b) Any impairment of the health and safety of the public.”.

Amend sec. 3, page 6, line 26, by deleting “If” and inserting: “Except as otherwise provided in subsection 3, if”.

Amend sec. 3, page 6, line 29, by deleting “30” and inserting “~~[30]~~ 60”.

Amend sec. 3, page 6, line 43, by deleting “disclosure.” and inserting: “disclosure ~~[.]~~ in writing.”.

Amend sec. 3, page 7, line 1, after “3.” by inserting: “A public body that is a governing board is not required by paragraph (b) of subsection 2 to post any exhibits that are included in the written minutes on the public website. If the public body that is a governing board does not post such exhibits on the public website, the public body shall:

(a) Post a list of those exhibits on the website with the written minutes in which those exhibits are included; and

(b) Indicate the location at which those exhibits are available for public inspection.

4.”.

Amend sec. 3, page 7, line 5, by deleting “4.” and inserting “~~[4.]~~ 5.”.’

Amend sec. 3, page 7, line 24, by deleting “disclosure.” and inserting: “disclosure in writing.”.

Amend the bill as a whole by adding a new section designated section 4.5, following sec. 4, to read as follows:

“Sec. 4.5. Chapter 213 of NRS is hereby amended by adding thereto a new section to read as follows:

Except as otherwise provided in this chapter, a meeting or hearing that may result in a recommendation or final decision to grant, deny, continue or revoke the parole of a prisoner, certify a prisoner pursuant to NRS 213.1214, commute a sentence, restore a person’s civil rights, grant a pardon or reprieve or remit a fine or forfeiture is not subject to any provision of chapter 241 of NRS.”.

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

“Sec. 15.5. NRS 318.020 is hereby amended to read as follows:

318.020 As used in this chapter, unless the context otherwise requires:

1. “Acquisition,” “acquire” and “acquiring” each means acquisition, extension, alteration, reconstruction, repair or other improvement by purchase, construction, installation, reconstruction, condemnation, lease, rent, gift, grant, bequest, devise, contract or other acquisition, or any combination thereof.

2. “Board of trustees” and “board” alone each means the board of trustees of a district.

3. “FM radio” means a system of radio broadcasting by means of frequency modulation.

4. “General improvement district” and “district” alone each means any general improvement district organized or, in the case of organizational provisions, proposed to be organized, pursuant to this chapter.

5. “Mail” means a single mailing first class or its equivalent, postage prepaid, by deposit in the United States mails, at least 15 days before the designated time or event.

6. “Project” and “improvement” each means any structure, facility, undertaking or system which a district is authorized to acquire, improve, equip, maintain or operate. A project may consist of all kinds of personal and real property, including, but not limited to, land, elements and fixtures thereon, property of any nature appurtenant thereto or used in connection therewith, and every estate, interest and right therein, legal or equitable, including terms for years, or any combination thereof.

7. “Publication” means publication ~~[at least once a week for 3 consecutive weeks in at least]~~ one time in a newspaper of general circulation in the district ~~[. It is not necessary that publication be made on the same day of the week in each of the 3 calendar weeks, but the first publication must be]~~ at least 15 days before the designated time or event.

8. “Qualified elector” means a person who has registered to vote in district elections.

9. “Special assessment district” means any local public improvement district organized within a general improvement district by the board of trustees of such general improvement district pursuant to this chapter.

10. “Trustees” means the members of a board.”.

Amend sec. 16, page 13, line 9, by deleting “$6,000” and inserting “~~[$6,000]~~ $9,000”.

Amend sec. 16, page 13, by deleting lines 13 through 15 and inserting: “an employee or otherwise. ~~[A]~~ Each member of the board ~~[is not entitled to receive as compensation more than $1,800 per year if the additional compensation is approved during the term of the member.]~~ must receive the same compensation. If a majority of the members of the board vote in favor of an increase in the compensation of the trustees, the increase may not take effect until January 1 following the next biennial election of the district as set forth in NRS 318.095.”.

Amend the bill as a whole by renumbering sec. 16.5 as sec. 16.8 and adding new sections designated sections 16.2 through 16.6, following
sec. 16, to read as follows:

“Sec. 16.2. NRS 318.197 is hereby amended to read as follows:

318.197 1. The board may fix, and from time to time increase or decrease, electric energy, cemetery, swimming pool, other recreational facilities, television, FM radio, sewer, water, storm drainage, flood control, snow removal, lighting, garbage or refuse rates, tolls or charges other than special assessments, including, but not limited to, service charges and standby service charges, for services or facilities furnished by the district, charges for the availability of service, annexation charges, and minimum charges, and pledge the revenue for the payment of any indebtedness or special obligations of the district.

2. Upon compliance with subsection 9 and until paid, all rates, tolls or charges constitute a perpetual lien on and against the property served. A perpetual lien is prior and superior to all liens, claims and titles other than liens of general taxes and special assessments and is not subject to extinguishment by the sale of any property on account of nonpayment of any liens, claims and titles including the liens of general taxes and special assessments. A perpetual lien must be foreclosed in the same manner as provided by the laws of the State of Nevada for the foreclosure of mechanics’ liens. Before any lien is foreclosed, the board shall hold a hearing thereon after providing notice thereof by publication and by registered or certified first-class mail, postage prepaid, addressed to the last known owner at his last known address according to the records of the district and the real property assessment roll in the county in which the property is located.

3. The board shall prescribe and enforce regulations for the connection with and the disconnection from properties of the facilities of the district and the taking of its services.

4. The board may provide for the collection of charges. Provisions may be made for, but are not limited to:

(a) The granting of discounts for prompt payment of bills.

(b) The requiring of deposits or the prepayment of charges in an amount not exceeding 1 year’s charges from persons receiving service and using the facilities of the enterprise or from the owners of property on which or in connection with which services and facilities are to be used. In case of nonpayment of all or part of a bill, the deposits or prepaid charges must be applied only insofar as necessary to liquidate the cumulative amount of the charges plus penalties and cost of collection.

(c) The requiring of a guaranty by the owner of property that the bills for service to the property or the occupants thereof will be paid.

5. The board may provide for a basic penalty for nonpayment of the charges within the time and in the manner prescribed by it. The basic penalty must not be more than 10 percent of each month’s charges for the first month delinquent. In addition to the basic penalty, the board may provide for a penalty of not exceeding 1.5 percent per month for nonpayment of the charges and basic penalty. ~~[On the first day of the calendar month following the date of payment specified in the bill the]~~ The board may prescribe and enforce regulations that set forth the date on which a charge becomes delinquent . ~~[if the bill or that portion thereof which is not in bona fide dispute remains unpaid.]~~ The board may provide for collection of the penalties provided for in this section.

6. The board may provide that charges for any service must be collected together with and not separately from the charges for any other service rendered by it, and that all charges must be billed upon the same bill and collected as one item.

7. The board may enter into a written contract with any person, firm or public or private corporation providing for the billing and collection by the person, firm or corporation of the charges for the service furnished by any enterprise. If all or any part of any bill rendered by the person, firm or corporation pursuant to a contract is not paid and if the person, firm or corporation renders any public utility service to the person billed, the person, firm or corporation may discontinue its utility service until the bill is paid, and the contract between the board and the person, firm or corporation may so provide.

8. As a remedy established for the collection of due and unpaid deposits and charges and the penalties thereon an action may be brought in the name of the district in any court of competent jurisdiction against the person or persons who occupied the property when the service was rendered or the deposit became due or against any person guaranteeing payment of bills, or against any or all such persons, for the collection of the amount of the deposit or the collection of delinquent charges and all penalties thereon.

9. A lien against the property served is not effective until a notice of the lien, separately prepared for each lot affected, is:

(a) Mailed to the last known owner at his last known address according to the records of the district and the real property assessment roll of the county in which the property is located;

(b) Delivered by the board to the office of the county recorder of the county within which the property subject to such lien is located;

(d) Indexed in the real estate index as deeds and other conveyances are required by law to be indexed.

Sec. 16.4. NRS 318.490 is hereby amended to read as follows:

318.490 1. Except as otherwise provided in NRS 318.492, whenever a majority of the members of the board of county commissioners of any county deem it to be in the best interests of the county and of the district that the district be merged, consolidated or dissolved, it shall so determine by ordinance, after there is first found, determined and recited in the ordinance that:

(a) All outstanding indebtedness and bonds of all kinds of the district have been paid or will be assumed by the resulting merged or consolidated unit of government.

(b) The services of the district are no longer needed or can be more effectively performed by an existing unit of government.

2. ~~[The]~~ If a board of county commissioners determines to merge, consolidate or dissolve a district that was, on October 1, 2003, exercising powers pursuant to NRS 318.140, 318.142 and 318.144, in addition to meeting the requirements set forth in subsection 1, within 90 days after the ordinance is adopted by the board of county commissioners, the ordinance must be adopted by a majority of the board of trustees of the district that is being merged, consolidated or dissolved. A district described in this subsection may not be merged, consolidated or dissolved if the ordinance is not adopted by the board of the district.

3. After an ordinance has been adopted pursuant to subsection 1 and, if applicable, subsection 2, the county clerk shall thereupon certify a copy of the ordinance to the board of the district and shall mail written notice to all property owners within the district in his county, containing the following:

(a) The adoption of the ordinance ~~[;]~~ by the board of county commissioners and, if applicable, by the board of the district;

(b) The determination of the board of county commissioners that the district should be dissolved, merged or consolidated; and

Sec. 16.6. NRS 318.492 is hereby amended to read as follows:

318.492 1. If all the territory within a district organized pursuant to this chapter is included within the boundaries of a city incorporated under the provisions of chapter 266 of NRS, the board of county commissioners of the county shall, within 90 days after the filing of the notice required by
NRS 266.033, adopt an ordinance providing for the merger of the district with the city and fixing a time and place for a hearing on the merger.

2. The county clerk shall certify a copy of the ordinance and give notice of its adoption in the manner provided by subsection ~~[2]~~ 3 of NRS 318.490.

3. The board of county commissioners shall thereafter proceed to hear and determine the matter as provided in NRS 318.495 and 318.500.”.

Amend the title of the bill to read as follows:

“AN ACT relating to public bodies; prohibiting certain public bodies from voting on an item on the agenda until public comment has been allowed on the item under certain circumstances; revising provisions governing notice of meetings of public bodies; requiring certain public bodies to post the minutes of a public meeting on the Internet; requiring certain public bodies to make and retain an audio recording of a public meeting; providing that certain meetings regarding prisoners and persons on parole or probation are not subject to the open meeting law; requiring that a member of certain agencies be present at a workshop of the agency concerning a proposed regulation of the agency, if practicable; authorizing a board of trustees of a general improvement district to increase the compensation of the trustees under certain circumstances; authorizing the board of trustees of a general improvement district to adopt and enforce regulations regarding the date on which a charge for services provided by the district becomes delinquent; making certain changes regarding the merger, consolidation or dissolution of certain general improvement districts; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Makes various changes regarding public bodies. (BDR 19‑16)”.

Assemblyman Manendo moved the adoption of the amendment.

Remarks by Assemblyman Manendo.

Amendment adopted.

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

Senate Bill No. 241.

Bill read second time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 805.

Amend the bill as a whole by deleting sections 1 through 59 and adding new sections designated sections 1 through 35 and the leadlines of repealed sections, following the enacting clause, to read as follows:

“Section 1. Chapter 40 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 15, inclusive, of this act.

Sec. 2. “Amend a complaint to add a cause of action for a constructional defect” means any act by which a claimant seeks to:

1. Add to the pleadings a defective component that is not otherwise included in the pleadings and for which a notice was not previously given; or

2. Amend the pleadings in such a manner that the practical effect is the addition of a constructional defect that is not otherwise included in the pleadings.

The term does not include amending a complaint to plead a different cause for a constructional defect which is included in the same action.

Sec. 3. “Design professional” means a person who holds a professional license or certificate issued pursuant to chapter 623, 623A or 625 of NRS.

Sec. 4. “Subcontractor” means a contractor who performs work on behalf of another contractor in the construction of a residence or appurtenance.

Sec. 5. “Supplier” means a person who provides materials, equipment or other supplies for the construction of a residence or appurtenance.

Sec. 6. 1. Except as otherwise provided in subsection 2, not later than 60 days after a contractor receives a notice pursuant to subsection 4 of
NRS 40.645 which alleges common constructional defects to residences or appurtenances within a single development and which complies with the requirements of subsection 4 of NRS 40.645 for giving such notice, the contractor may respond to the named owners of the residences or appurtenances in the notice in the manner set forth in section 9 of this act. 2. The contractor may provide a disclosure of the notice of the alleged common constructional defects to each unnamed owner of a residence or appurtenance within the development to whom the notice may apply in the manner set forth in this section. The disclosure must be sent by certified mail, return receipt requested, to the home address of each such owner. The disclosure must be mailed not later than 60 days after the contractor receives the notice of the alleged common constructional defects, except that if the common constructional defects may pose an imminent threat to health and safety, the disclosure must be mailed as soon as reasonably practicable, but not later than 20 days after the contractor receives the notice.

3. The disclosure of a notice of alleged common constructional defects provided by a contractor to the unnamed owners to whom the notice may apply pursuant to subsection 2 must include, without limitation:

(a) A description of the alleged common constructional defects identified in the notice that may exist in the residence or appurtenance;

(b) A statement that notice alleging common constructional defects has been given to the contractor which may apply to the owner;

(c) A statement advising the owner that he has 30 days within which to request the contractor to inspect the residence or appurtenance to determine whether the residence or appurtenance has the alleged common constructional defects;

(d) A form which the owner may use to request such an inspection or a description of the manner in which the owner may request such an inspection;

(e) A statement advising the owner that if he fails to request an inspection pursuant to this section, no notice shall be deemed to have been given by him for the alleged common constructional defects; and

(f) A statement that if the owner chooses not to request an inspection of his residence or appurtenance, he is not precluded from sending a notice pursuant to NRS 40.645 individually or commencing an action or amending a complaint to add a cause of action for a constructional defect individually after complying with the requirements set forth in NRS 40.600 to 40.695, inclusive, and sections 2 to 15, inclusive, of this act.

4. If an unnamed owner requests an inspection of his residence or appurtenance in accordance with subsection 3, the contractor must provide the response required pursuant to section 9 of this act not later than 45 days after the date on which the contractor receives the request.

5. If a contractor who receives a notice pursuant to subsection 4 of
NRS 40.645 does not provide a disclosure to unnamed owners as authorized pursuant to this section, the owners of the residences or appurtenances to whom the notice may apply may commence an action for the constructional defect without complying with any other provision set forth in NRS 40.600 to 40.695, inclusive, and sections 2 to 15, inclusive, of this act. This subsection does not establish or prohibit the right to maintain a class action.

6. If a contractor fails to provide a disclosure to an unnamed owner to whom the notice of common constructional defects was intended to apply:

(a) The contractor shall be deemed to have waived his right to inspect and repair any common constructional defect that was identified in the notice with respect to that owner; and

(b) The owner is not required to comply with the provisions set forth in NRS 40.645 or section 11 of this act before commencing an action or amending a complaint to add a cause of action based on that common constructional defect.

Sec. 7. 1. Except as otherwise provided in subsection 2, not later than 30 days after the date on which a contractor receives notice of a constructional defect pursuant to NRS 40.645, the contractor shall forward a copy of the notice by certified mail, return receipt requested, to the last known address of each subcontractor, supplier or design professional whom the contractor reasonably believes is responsible for a defect specified in the notice.

2. If a contractor does not provide notice as required pursuant to subsection 1, the contractor may not commence an action against the subcontractor, supplier or design professional related to the constructional defect unless the contractor demonstrates that, after making a good faith effort, he was unable to identify the subcontractor, supplier or design professional who he believes is responsible for the defect within the time provided pursuant to subsection 1.

3. Except as otherwise provided in subsection 4, not later than 30 days after receiving notice from the contractor pursuant to this section, the subcontractor, supplier or design professional shall inspect the alleged constructional defect in accordance with subsection 1 of section 8 of this act and provide the contractor with a written statement indicating:

(a) Whether the subcontractor, supplier or design professional has elected to repair the defect for which the contractor believes the subcontractor, supplier or design professional is responsible; and

(b) If the subcontractor, supplier or design professional elects to repair the defect, an estimate of the length of time required for the repair, and at least two proposed dates on and times at which the subcontractor, supplier or design professional is able to begin making the repair.

4. If the notice of a constructional defect forwarded by the contractor was given pursuant to subsection 4 of NRS 40.645 and the contractor provides a disclosure of the notice of the alleged common constructional defects to the unnamed owners to whom the notice may apply pursuant to section 6 of this act:

(a) The contractor shall, in addition to the notice provided pursuant to subsection 1, upon receipt of a request for an inspection, forward a copy of the request to or notify each subcontractor, supplier or design professional who may be responsible for the alleged defect of the request not later than
5 working days after receiving such a request; and

(b) Not later than 20 days after receiving notice from the contractor of such a request, the subcontractor, supplier or design professional shall inspect the alleged constructional defect in accordance with subsection 2 of section 8 of this act and provide the contractor with a written statement indicating:

(1) Whether the subcontractor, supplier or design professional has elected to repair the defect for which the contractor believes the subcontractor, supplier or design professional is responsible; and

(2) If the subcontractor, supplier or design professional elects to repair the defect, an estimate of the length of time required for the repair, and at least two proposed dates on and times at which the subcontractor, supplier or design professional is able to begin making the repair.

5. If a subcontractor, supplier or design professional elects to repair the constructional defect, the contractor or claimant may hold the subcontractor liable for any repair which does not eliminate the defect.

Sec. 8. 1. Except as otherwise provided in subsection 2, after notice of a constructional defect is given to a contractor pursuant to NRS 40.645, the claimant shall, upon reasonable notice, allow the contractor and each subcontractor, supplier or design professional who may be responsible for the alleged defect reasonable access to the residence or appurtenance that is the subject of the notice to determine the nature and extent of a constructional defect and the nature and extent of repairs that may be necessary. To the extent possible, the persons entitled to inspect shall coordinate and conduct the inspections in a manner which minimizes the inconvenience to the claimant.

2. If notice is given to the contractor pursuant to subsection 4 of
NRS 40.645, the contractor and each subcontractor, supplier or design professional who may be responsible for the defect do not have the right to inspect the residence or appurtenance of an owner who is not named in the notice unless the owner requests the inspection in the manner set forth in section 6 of this act. If the owner does not request the inspection, the owner shall be deemed not to have provided notice pursuant to NRS 40.645.

Sec. 9. 1. Except as otherwise provided in NRS 40.670 and 40.672 and section 6 of this act, a written response must be sent by certified mail, return receipt requested, to a claimant who gives notice of a constructional defect pursuant to NRS 40.645:

(a) By the contractor not later than 90 days after the contractor receives the notice; and

(b) If notice was sent to a subcontractor, supplier or design professional, by the subcontractor, supplier or design professional not later than 90 days after the date that the subcontractor, supplier or design professional receives the notice.

2. The written response sent pursuant to subsection 1 must respond to each constructional defect in the notice and:

(a) Must state whether the contractor, subcontractor, supplier or design professional has elected to repair the defect or cause the defect to be repaired. If an election to repair is included in the response and the repair will cause the claimant to move from his home during the repair, the election must also include monetary compensation in an amount reasonably necessary for temporary housing or for storage of household items, or for both, if necessary.

(b) May include a proposal for monetary compensation, which may include contribution from a subcontractor, supplier or design professional.

(c) May disclaim liability for the constructional defect and state the reasons for such a disclaimer.

3. If the claimant is a homeowners’ association, the association shall send a copy of the response to each member of the association not later than 30 days after receiving the response.

4. If the contractor, subcontractor, supplier or design professional has elected not to repair the constructional defect, the claimant or contractor may bring a cause of action for the constructional defect or amend a complaint to add a cause of action for the constructional defect.

5. If the contractor, subcontractor, supplier or design professional has elected to repair the constructional defect, the claimant must provide the contractor, subcontractor, supplier or design professional with a reasonable opportunity to repair the constructional defect.

Sec. 10. 1. If the response provided pursuant to section 9 of this act includes an election to repair the constructional defect:

(a) The repairs may be performed by the contractor, subcontractor, supplier or design professional, if he is properly licensed, bonded and insured to perform the repairs and, if he is not, the repairs may be performed by another person who meets those qualifications.

(b) The repairs must be performed:

(1) On reasonable dates and at reasonable times agreed to in advance with the claimant;

(2) In compliance with any applicable building code and in a good and workmanlike manner in accordance with the generally accepted standard of care in the industry for that type of repair; and

(3) In a manner which will not increase the cost of maintaining the residence or appurtenance than otherwise would have been required if the residence or appurtenance had been constructed without the constructional defect, unless the contractor and the claimant agree in writing that the contractor will compensate the claimant for the increased cost incurred as a result of the repair.

(c) Any part of the residence or appurtenance that is not defective but which must be removed to correct the constructional defect must be replaced.

(d) The contractor, subcontractor, supplier or design professional shall prevent, remove and indemnify the claimant against any mechanics’ liens and materialmen’s liens.

2. Unless the claimant and the contractor, subcontractor, supplier or design professional agree to extend the time for repairs, the repairs must be completed:

(a) If the notice was sent pursuant to subsection 4 of NRS 40.645 and there are four or fewer owners named in the notice, for the named owners, not later than 105 days after the date on which the contractor received the notice.

(b) If the notice was sent pursuant to subsection 4 of NRS 40.645 and there are five or more owners named in the notice, for the named owners, not later than 150 days after the date on which the contractor received the notice.

(c) If the notice was sent pursuant to subsection 4 of NRS 40.645, not later than 105 days after the date on which the contractor provides a disclosure of the notice to the unnamed owners to whom the notice applies pursuant to section 6 of this act.

(d) If the notice was not sent pursuant to subsection 4 of NRS 40.645:

(1) Not later than 105 days after the date on which the notice of the constructional defect was received by the contractor, subcontractor, supplier or design professional if the notice of a constructional defect was received from four or fewer owners; or

(2) Not later than 150 days after the date on which the notice of the constructional defect was received by the contractor, subcontractor, supplier or design professional if the notice was received from five or more owners or from a representative of a homeowners’ association.

3. If repairs reasonably cannot be completed within the time set forth in subsection 2, the claimant and the contractor, subcontractor, supplier or design professional shall agree to a reasonable time within which to complete the repair. If the claimant and contractor, subcontractor, supplier or design professional cannot agree on such a time, any of them may petition the court to establish a reasonable time for completing the repair.

4. Any election to repair made pursuant to section 9 of this act may not be made conditional upon a release of liability.

5. Not later than 30 days after the repairs are completed, the contractor, subcontractor, supplier or design professional who repaired or caused the repair of a constructional defect shall provide the claimant with a written statement describing the nature and extent of the repair, the method used to repair the constructional defect and the extent of any materials or parts that were replaced during the repair.

Sec. 11. 1. Except as otherwise provided in section 6 of this act, after notice of a constructional defect is given pursuant to NRS 40.645, before a claimant may commence an action or amend a complaint to add a cause of action for a constructional defect against a contractor, subcontractor, supplier or design professional, the claimant must:

(a) Allow an inspection of the alleged constructional defect to be conducted pursuant to section 8 of this act; and

(b) Allow the contractor, subcontractor, supplier or design professional a reasonable opportunity to repair the constructional defect or cause the defect to be repaired if an election to repair is made pursuant to section 9 of this act.

2. If a claimant commences an action without complying with
subsection 1 or NRS 40.645, the court shall:

(a) Dismiss the action without prejudice and compel the claimant to comply with those provisions before filing another action; or

(b) If dismissal of the action would prevent the claimant from filing another action because the action would be procedurally barred by the statute of limitations or statute of repose, the court shall stay the proceeding pending compliance with those provisions by the claimant.

Sec. 12. 1. A claimant and any contractor, subcontractor, supplier and design professional may submit a question or dispute to the State Contractors’ Board concerning any matter which may affect or relate to a constructional defect, including, without limitation, questions concerning the need for repairs, the appropriate method for repairs, the sufficiency of any repairs that have been made and the respective rights and responsibilities of homeowners, claimants, contractors, subcontractors, suppliers and design professionals.

2. If a question or dispute is submitted to the State Contractors’ Board pursuant to this section, the State Contractors’ Board shall, pursuant to its regulations, rules and procedures, respond to the question or investigate the dispute and render a decision. Nothing in this section authorizes the State Contractors’ Board to require the owner of a residence or appurtenance to participate in any administrative hearing which is held pursuant to this section.

3. Not later than 30 days after a question or dispute is submitted to the State Contractors’ Board pursuant to subsection 1, the State Contractors’ Board shall respond to the question or render its decision. The response or decision of the State Contractors’ Board:

(a) Is not binding and is not subject to judicial review pursuant to the provisions of chapters 233B and 624 of NRS; and

(b) Is not admissible in any judicial or administrative proceeding brought pursuant to the provisions of this chapter.

4. The provisions of this chapter do not preclude a claimant or a contractor, subcontractor, supplier or design professional from pursuing any remedy otherwise available from the State Contractors’ Board pursuant to the provisions of chapter 624 of NRS concerning a constructional defect.

5. If an action for a constructional defect has been commenced, the court shall not stay or delay any proceedings before the court pending an answer to a question or decision concerning a dispute submitted to the State Contractors’ Board.

6. The State Contractors’ Board shall adopt regulations necessary to carry out the provisions of this section and may charge and collect reasonable fees from licensees to cover the cost of carrying out its duties pursuant to this section.

Sec. 13. 1. If a contractor, subcontractor, supplier or design professional receives written notice of a constructional defect, the contractor, subcontractor, supplier or design professional may present the claim to an insurer which has issued a policy of insurance that covers all or any portion of the business of the contractor, subcontractor, supplier or design professional.

2. If the contractor, subcontractor, supplier or design professional presents the claim to the insurer pursuant to this section, the insurer:

(a) Must treat the claim as if a civil action has been brought against the contractor, subcontractor, supplier or design professional; and

(b) Must provide coverage to the extent available under the policy of insurance as if a civil action has been brought against the contractor, subcontractor, supplier or design professional.

3. A contractor, subcontractor, supplier or design professional is not required to present a claim to the insurer pursuant to this section, and the failure to present such a claim to the insurer does not relieve the insurer of any duty under the policy of insurance to the contractor, subcontractor, supplier or design professional.

Sec. 14. 1. If a settlement conference is held concerning a claim for a constructional defect, the special master, if any, or the judge presiding over the claim may order a representative of an insurer of a party to attend the settlement conference. If a representative of an insurer is ordered to attend the settlement conference, the insurer shall ensure that the representative is authorized, on behalf of the insurer, to:

(a) Bind the insurer to any settlement agreement relating to the claim;

(b) Enter into any agreement relating to coverage that may be available under the party’s policy of insurance which is required to carry out any settlement relating to the claim; and

(c) Commit for expenditure money or other assets available under the party’s policy of insurance.

2. If a representative of an insurer who is ordered to attend a settlement conference pursuant to subsection 1 fails to attend the settlement conference or attends but is substantially unprepared to participate, or fails to participate in good faith, the special master or the judge may, on his own motion or that of a party, issue any order with regard thereto that is just under the circumstances.

3. In lieu of or in addition to any other sanction, the special master or the judge may require the insurer to pay any reasonable expenses or attorney’s fees incurred by a party because of the failure of the insurer or its representative to comply with the provisions of this section or any order issued pursuant to this section, unless the special master or the judge finds that the failure to comply was substantially justified or that any other circumstances make the award of such expenses or fees unjust.

4. Any insurer which conducts business in this state and which insures a party against liability for the claim shall be deemed to have consented to the jurisdiction of the special master or the judge for the purposes of this section.

5. The authority conferred upon the special master or the judge pursuant to this section is in addition to any other authority conferred upon the special master or the judge pursuant to any other statute or any court rule.

Sec. 15. Not later than 15 days before the commencement of mediation required pursuant to NRS 40.680 and upon providing 15 days’ notice, each party shall provide to the other party, or shall make a reasonable effort to assist the other party to obtain, all relevant reports, photos, correspondence, plans, specifications, warranties, contracts, subcontracts, work orders for repair, videotapes, technical reports, soil and other engineering reports and other documents or materials relating to the claim that are not privileged.

Sec. 16. NRS 40.600 is hereby amended to read as follows:

40.600 As used in NRS 40.600 to 40.695, inclusive, and sections 2 to 15, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 40.605 to 40.630, inclusive, and sections 2 to 5, inclusive, of this act have the meanings ascribed to them in those sections.

Sec. 17. NRS 40.610 is hereby amended to read as follows:

40.610 “Claimant” means ~~[an]~~ :

1. An owner of a residence or appurtenance ~~[or a]~~ ;

2. A representative of a homeowner’s association that is responsible for a residence or appurtenance and is acting within the scope of his duties pursuant to chapter 116 or 117 of NRS ~~[.]~~ ; or

3. Each owner of a residence or appurtenance to whom a notice applies pursuant to subsection 4 of NRS 40.645.

Sec. 18. NRS 40.615 is hereby amended to read as follows:

40.615 “Constructional defect” ~~[includes]~~ means a defect in the design, construction, manufacture, repair or landscaping of a new residence, of an alteration of or addition to an existing residence, or of an appurtenance ~~[. The term includes]~~ and includes, without limitation, the design, construction, manufacture, repair or landscaping of a new residence, of an alteration of or addition to an existing residence, or of an appurtenance:

1. Which is done in violation of law, including, without limitation, in violation of local codes or ordinances;

2. Which proximately causes physical damage to the residence, an appurtenance or the real property to which the residence or appurtenance is affixed ~~[that is proximately caused by a constructional defect.]~~ ;

3. Which is not completed in a good and workmanlike manner in accordance with the generally accepted standard of care in the industry for that type of design, construction, manufacture, repair or landscaping; or

4. Which presents an unreasonable risk of injury to a person or property.

Sec. 19. NRS 40.635 is hereby amended to read as follows:

40.635 NRS 40.600 to 40.695, inclusive ~~[:]~~ , and sections 2 to 15, inclusive, of this act:

1. Apply to any claim that arises before, on or after July 1, 1995, as the result of a constructional defect, except a claim for personal injury or wrongful death, if the claim is the subject of an action commenced on or after July 1, 1995.

2. Prevail over any conflicting law otherwise applicable to the claim or cause of action.

3. Do not bar or limit any defense otherwise available , except as otherwise provided in those sections.

4. Do not create a new theory upon which liability may be based ~~[.]~~ , except as otherwise provided in those sections.

Sec. 20. NRS 40.645 is hereby amended to read as follows:

40.645 1. Except as otherwise provided in this section and NRS 40.670 , [:

~~1. For a claim that is not a complex matter, at least 60 days]~~ before a claimant commences an action or amends a complaint to add a cause of action for a constructional defect against a contractor ~~[for damages arising from a constructional defect,]~~ , subcontractor, supplier or design professional the claimant ~~[must]~~ :

(a) Must give written notice by certified mail, return receipt requested, to the contractor, at the contractor’s ~~[last known address, specifying]~~ address listed in the records of the State Contractors’ Board or in the records of the office of the county or city clerk or at the contractor’s last known address if his address is not listed in those records; and

(b) May give written notice by certified mail, return receipt requested, to any subcontractor, supplier or design professional known to the claimant who may be responsible for the constructional defect, if the claimant knows that the contractor is no longer licensed in this state or that he no longer acts as a contractor in this state.

2. The notice given pursuant to subsection 1 must:

(a) Include a statement that the notice is being given to satisfy the requirements of this section;

(b) Specify in reasonable detail the defects or any damages or injuries to each residence or appurtenance that is the subject of the claim ~~[. The notice must describe]~~ ; and

(c) Describe in reasonable detail the cause of the defects if the cause is known, the nature and extent that is known of the damage or injury resulting from the defects and the location of each defect within each residence or appurtenance to the extent known.

3. Notice that includes an expert opinion concerning the cause of the constructional defects and the nature and extent of the damage or injury resulting from the defects which is based on a valid and reliable representative sample of the components of the residences or appurtenances may be used as notice of the common constructional defects within the residences or appurtenances to which the expert opinion applies.

4. Except as otherwise provided in subsection 5, one notice may be sent relating to all similarly situated owners of residences or appurtenances within a single development that allegedly have common constructional defects if:

(a) An expert opinion is obtained concerning the cause of the common constructional defects and the nature and extent of the damage or injury resulting from the common constructional defects ;

(b) That expert opinion concludes that based on a valid and reliable representative sample of the components of the residences and appurtenances ~~[involved]~~ included in the [action satisfies the requirements of this section. During the 45‑day period after the contractor receives the notice, on his written request, the contractor is entitled to inspect the property that is the subject of the claim to determine the nature and cause of the defect, damage or injury and the nature and extent of repairs necessary to remedy the defect. The contractor shall, before making the inspection, provide reasonable notice of the inspection and shall make the inspection at a reasonable time. The contractor may take reasonable steps to establish the existence of the defect.

2. If a residence or appurtenance that is the subject of the claim is covered by a homeowner’s warranty that is purchased by or on behalf of a claimant pursuant to NRS 690B.100 to 690B.180, inclusive, a claimant shall diligently pursue a claim under the contract.

~~3. Within 60 days after the contractor receives the notice, the contractor shall make a written response to the claimant. The response:~~

~~(a) Must be served to the claimant by certified mail, return receipt requested, at the claimant’s last known address.~~

(b) Must respond to each constructional defect set forth in the claimant’s notice, and describe in reasonable detail the cause of the defect, if known, the nature and extent of the damage or injury resulting from the defect, and, unless the response is limited to a proposal for monetary compensation, the method, adequacy and estimated cost of any proposed repair.

~~(c) May include:~~

~~(1) A proposal for monetary compensation, which may include a contribution from a subcontractor.~~

~~(2) If the contractor or his subcontractor is licensed to make the repairs, an agreement by the contractor or subcontractor to make the repairs.~~

(3) An agreement by the contractor to cause the repairs to be made, at the contractor’s expense, by another contractor who is licensed to make the repairs, bonded and insured. The repairs must be made within 45 days after the contractor receives written notice of acceptance of the response, unless completion is delayed by the claimant or by other events beyond the control of the contractor, or timely completion of the repairs is not reasonably possible. The claimant and the contractor may agree in writing to extend the periods prescribed by this section.

4. Not later than 15 days before the mediation required pursuant to NRS 40.680 and upon providing 15 days’ notice, each party shall provide the other party, or shall make a reasonable effort to assist the other party to obtain, all relevant reports, photos, correspondence, plans, specifications, warranties, contracts, subcontracts, work orders for repair, videotapes, technical reports, soil and other engineering reports and other documents or materials relating to the claim that are not privileged.

~~5. If the claimant is a representative of a homeowner’s association, the association shall submit any response made by the contractor to each member of the association.~~

~~6. As used in this section, “subcontractor” means a contractor who performs work on behalf of another contractor in the construction of a residence or appurtenance.]~~ notice, it is the opinion of the expert that those similarly situated residences and appurtenances may have such common constructional defects; and

(c) A copy of the expert opinion is included with the notice.

5. A representative of a homeowner’s association may send notice pursuant to this section on behalf of an association that is responsible for a residence or appurtenance if the representative is acting within the scope of his duties pursuant to chapter 116 or 117 of NRS.

6. Notice is not required pursuant to this section before commencing an action if:

(a) The contractor, subcontractor, supplier or design professional has filed an action against the claimant; or

(b) The claimant has filed a formal complaint with a law enforcement agency against the contractor, subcontractor, supplier or design professional for threatening to commit or committing an act of violence or a criminal offense against the claimant or the property of the claimant.

Sec. 21. NRS 40.650 is hereby amended to read as follows:

40.650 1. If a claimant unreasonably rejects a reasonable written offer of settlement made as part of a response ~~[made]~~ pursuant to ~~[NRS 40.645 or 40.682 or does not permit the contractor or independent contractor a reasonable opportunity to repair the defect pursuant to an accepted offer of settlement]~~ paragraph (b) of subsection 2 of section 9 of this act and thereafter commences an action governed by NRS 40.600 to 40.695, inclusive, and sections 2 to 15, inclusive, of this act, the court in which the action is commenced may:

(a) Deny the claimant’s attorney’s fees and costs; and

(b) Award attorney’s fees and costs to the contractor.

Any sums paid under a homeowner’s warranty, other than sums paid in satisfaction of claims that are collateral to any coverage issued to or by the contractor, must be deducted from any recovery.

2. If a contractor , subcontractor, supplier or design professional fails to:

(a) Comply with the provisions of section 9 of this act;

(b) Make an offer of settlement;

~~[(b)]~~ (c) Make a good faith response to the claim asserting no liability;

~~[(c) Complete, in a good and workmanlike manner, the repairs specified in an accepted offer;]~~

(d) Agree to a mediator or accept the appointment of a mediator pursuant to NRS 40.680 ; ~~[or subsection 4 of NRS 40.682;]~~ or

(e) Participate in mediation, the limitations on damages and defenses to liability provided in NRS 40.600 to 40.695, inclusive, and sections 2 to 15, inclusive, of this act do not apply and the claimant may commence an action or amend a complaint to add a cause of action for a constructional defect without satisfying any other requirement of NRS 40.600 to 40.695, inclusive ~~[.]~~ , and sections 2 to 15, inclusive, of this act.

3. If a residence or appurtenance that is the subject of the claim is covered by a homeowner’s warranty that is purchased by or on behalf of a claimant pursuant to NRS 690B.100 to 690B.180, inclusive, a claimant shall diligently pursue a claim under the contract. If coverage under a homeowner’s warranty is denied by an insurer in bad faith, the homeowner and the contractor , subcontractor, supplier or design professional have a right of action for the sums that would have been paid if coverage had been provided, plus reasonable attorney’s fees and costs.

4. Nothing in this section prohibits an offer of judgment pursuant to
Rule 68 of the Nevada Rules of Civil Procedure or NRS 17.115 if the offer of judgment includes all damages to which the claimant is entitled pursuant to NRS 40.655.

Sec. 22. NRS 40.655 is hereby amended to read as follows:

40.655 1. Except as otherwise provided in NRS 40.650, in a claim governed by NRS 40.600 to 40.695, inclusive, and sections 2 to 15, inclusive, of this act, the claimant may recover only the following damages to the extent proximately caused by a constructional defect:

(a) Any reasonable attorney’s fees;

(b) The reasonable cost of any repairs already made that were necessary and of any repairs yet to be made that are necessary to cure any constructional defect that the contractor failed to cure and the reasonable expenses of temporary housing reasonably necessary during the repair;

(c) The reduction in market value of the residence or accessory structure, if any, to the extent the reduction is because of structural failure;

(d) The loss of the use of all or any part of the residence;

(e) The reasonable value of any other property damaged by the constructional defect;

(f) Any additional costs reasonably incurred by the claimant, including, but not limited to, any costs and fees incurred for the retention of experts to:

(1) Ascertain the nature and extent of the constructional defects;

(2) Evaluate appropriate corrective measures to estimate the value of loss of use; and

(3) Estimate the value of loss of use, the cost of temporary housing and the reduction of market value of the residence; and

(g) Any interest provided by statute.

2. The amount of any attorney’s fees awarded pursuant to this section must be approved by the court.

3. If a contractor complies with the provisions of NRS 40.600 to 40.695, inclusive, and sections 2 to 15, inclusive, of this act, the claimant may not recover from the contractor, as a result of the constructional defect, anything other than that which is provided pursuant to NRS 40.600 to 40.695, inclusive ~~[.]~~ , and sections 2 to 15, inclusive, of this act.

4. This section must not be construed as impairing any contractual rights between a contractor and a subcontractor, supplier or design professional.

5. As used in this section, “structural failure” means physical damage to the load-bearing portion of a residence or appurtenance caused by a failure of the load-bearing portion of the residence or appurtenance.

Sec. 23. NRS 40.660 is hereby amended to read as follows:

40.660 An offer of settlement made pursuant to paragraph (b) of subsection 2 of section 9 of this act that is not accepted within [:

~~1. In a complex matter, 45 days; or~~

~~2. In a matter that is not a complex matter, 25 days,]~~

35 days after the offer is received by the claimant is considered rejected if the offer contains a clear and understandable statement notifying the claimant of the consequences of his failure to respond or otherwise accept or reject the offer of settlement. An affidavit certifying rejection of an offer of settlement under this section may be filed with the court.

Sec. 24. NRS 40.665 is hereby amended to read as follows:

40.665 In addition to any other method provided for settling a claim pursuant to NRS 40.600 to 40.695, inclusive, and sections 2 to 15, inclusive, of this act, a contractor may, pursuant to a written agreement entered into with a claimant, settle a claim by repurchasing the claimant’s residence and the real property upon which it is located. The agreement may include provisions which reimburse the claimant for:

1. The market value of the residence as if no constructional defect existed, except that if a residence is less than 2 years of age and was purchased from the contractor against whom the claim is brought, the market value is the price at which the residence was sold to the claimant;

2. The value of any improvements made to the property by a person other than the contractor;

3. Reasonable attorney’s fees and fees for experts; and

4. Any costs, including costs and expenses for moving and costs, points and fees for loans. Any offer of settlement made that includes the items listed in this section shall be deemed reasonable for the purposes of subsection 1 of NRS 40.650.

Sec. 25. NRS 40.667 is hereby amended to read as follows:

40.667 1. Except as otherwise provided in subsection 2, a written waiver or settlement agreement executed by a claimant after a contractor has corrected or otherwise repaired a constructional defect does not bar a claim for the constructional defect if it is determined that the contractor failed to correct or repair the defect properly.

2. The provisions of subsection 1 do not apply to any written waiver or settlement agreement described in subsection 1, unless:

(a) The claimant has obtained the opinion of an expert concerning the constructional defect;

(b) The claimant has provided the contractor with a written notice of the defect pursuant to NRS 40.645 ~~[or 40.682]~~ and a copy of the expert’s opinion; and

(c) The claimant and the contractor have complied with the requirements for inspection and repair as provided in NRS 40.600 to 40.695, inclusive ~~[.]~~ , and sections 2 to 15, inclusive, of this act.

3. The provisions of this section do not apply to repairs which are made pursuant to an election to repair pursuant to section 9 of this act.

4. If a claimant does not prevail in any action which is not barred pursuant to this section, the court may:

(a) Deny the claimant’s attorney’s fees, fees for an expert witness or costs; and

(b) Award attorney’s fees and costs to the contractor.

Sec. 26. NRS 40.670 is hereby amended to read as follows:

40.670 1. A contractor , subcontractor, supplier or design professional who receives written notice of a constructional defect resulting from work performed by the contractor , ~~[or his agent, employee or]~~ subcontractor , supplier or design professional which creates an imminent threat to the health or safety of the inhabitants of the residence shall take reasonable steps to cure the defect as soon as practicable. The contractor , subcontractor, supplier or design professional shall not cure the defect by making any repairs for which he is not licensed or by causing any repairs to be made by a person who is not licensed to make those repairs. If the contractor , subcontractor, supplier or design professional fails to cure the defect in a reasonable time, the owner of the residence may have the defect cured and may recover from the contractor , subcontractor, supplier or design professional the reasonable cost of the repairs plus reasonable attorney’s fees and costs in addition to any other damages recoverable under any other law.

2. A contractor , subcontractor, supplier or design professional who does not cure a defect pursuant to this section because he has determined, in good faith and after a reasonable inspection, that there is not an imminent threat to the health or safety of the inhabitants is not liable for attorney’s fees and costs pursuant to this section, except that if a building inspector, building official or other similar authority employed by a governmental body with jurisdiction certifies that there is an imminent threat to the health and safety of the inhabitants of the residence, the contractor , subcontractor, supplier or design professional is subject to the provisions of subsection 1.

Sec. 27. NRS 40.672 is hereby amended to read as follows:

40.672 Except as otherwise provided in NRS 40.670, if a contractor , subcontractor, supplier or design professional receives written notice of a constructional defect ~~[that is not part of a complex matter]~~ not more than
1 year after the close of escrow of the initial purchase of the residence, the contractor , subcontractor, supplier or design professional shall make the repairs within 45 days after ~~[the contractor receives]~~ receiving the written notice unless completion is delayed by the claimant or by other events beyond the control of the contractor, subcontractor, supplier or design professional, or timely completion of repairs is not reasonably possible. The contractor , subcontractor, supplier or design professional and claimant may agree in writing to extend the period prescribed by this section. If ~~[the]~~ a contractor or subcontractor fails to comply with this section, he is immediately subject to discipline pursuant to NRS 624.300.

Sec. 28. NRS 40.680 is hereby amended to read as follows:

40.680 1. Except as otherwise provided in this chapter, before a claimant commences an action ~~[based on a claim governed by NRS 40.600 to 40.695, inclusive, may be commenced in court,]~~ or amends a complaint to add a cause of action for a constructional defect against a contractor, subcontractor, supplier or design professional, the matter must be submitted to mediation, unless mediation is waived in writing by the contractor , subcontractor, supplier or design professional and the claimant.

2. The claimant and ~~[contractor]~~ each party alleged to have caused the constructional defect must select a mediator by agreement. If the claimant and ~~[contractor]~~ the other parties fail to agree upon a mediator within ~~[45]~~
20 days after a mediator is first selected by the claimant, ~~[either]~~ any party may petition the American Arbitration Association, the Nevada Arbitration Association, Nevada Dispute Resolution Services or any other mediation service acceptable to the parties for the appointment of a mediator. A mediator so appointed may discover only those documents or records which are necessary to conduct the mediation. The mediator shall convene the mediation within ~~[60]~~ 30 days after the matter is submitted to him and shall complete the mediation within 45 days after the matter is submitted to him, unless the parties agree to extend the time. ~~[Except in a complex matter, the claimant shall, before]~~

3. Before the mediation begins ~~[,]~~ :

(a) The claimant shall deposit $50 with the mediation service ; and ~~[the contractor]~~

(b) Each other party shall deposit with the mediation service , in equal shares, the remaining amount estimated by the mediation service as necessary to pay the fees and expenses of the mediator for the first session of mediation ~~[, and the contractor]~~ and shall deposit additional amounts demanded by the mediation service as incurred for that purpose. ~~[In a complex matter, each party shall share equally in the deposits estimated by the mediation service.]~~

4. Unless otherwise agreed, the total fees for each day of mediation and the mediator must not exceed $750 per day.

~~[3.]~~ 5. If the parties do not reach an agreement concerning the matter during mediation or if ~~[the contractor]~~ any party who is alleged to have caused the constructional defect fails to pay the required fees and appear, the claimant may commence ~~[his]~~ an action or amend a complaint to add a cause of action for the constructional defect in court and:

(a) The reasonable costs and fees of the mediation are recoverable by the prevailing party as costs of the action.

(b) ~~[Either]~~ Any party may petition the court in which the action is commenced for the appointment of a special master.

~~[4.]~~ 6. A special master appointed pursuant to subsection ~~[3]~~ 5 may:

(a) Review all pleadings, papers or documents filed with the court concerning the action.

(b) Coordinate the discovery of any books, records, papers or other documents by the parties, including the disclosure of witnesses and the taking of the deposition of any party.

(d) Order settlement conferences and attendance at those conferences by any representative of the insurer of a party.

(e) Require any attorney representing a party to provide statements of legal and factual issues concerning the action.

(f) Refer to the judge who appointed him or to the presiding judge of the court in which the action is commenced any matter requiring assistance from the court. The special master shall not, unless otherwise agreed by the parties, personally conduct any settlement conferences or engage in any
ex parte meetings regarding the action.

~~[5.]~~ 7. Upon application by a party to the court in which the action is commenced, any decision or other action taken by a special master appointed pursuant to this section may be appealed to the court for a decision.

~~[6.]~~ 8. A report issued by a mediator or special master that indicates that ~~[either]~~ a party has failed to appear before him or to mediate in good faith is admissible in the action, but a statement or admission made by ~~[either]~~ a party in the course of mediation is not admissible.

Sec. 29. NRS 40.688 is hereby amended to read as follows:

40.688 1. If a claimant attempts to sell a residence that is or has been the subject of a claim governed by NRS 40.600 to 40.695, inclusive, and sections 2 to 15, inclusive, of this act, he shall disclose, in writing, to any prospective purchaser of the residence, not less than 30 days before the close of escrow for the sale of the residence or, if escrow is to close less than
30 days after the execution of the sales agreement, then immediately upon the execution of the sales agreement or, if a claim is initiated less than
30 days before the close of escrow, within 24 hours after giving written notice to the contractor pursuant to ~~[subsection 1 of]~~ NRS 40.645 : ~~[or subsection 1 of NRS 40.682:]~~

(a) All notices given by the claimant to the contractor pursuant to
NRS 40.600 to 40.695, inclusive, and sections 2 to 15, inclusive, of this act that are related to the residence;

(b) All opinions the claimant has obtained from experts regarding a constructional defect that is or has been the subject of the claim;

(d) A detailed report of all repairs made to the residence by or on behalf of the claimant as a result of a constructional defect that is or has been the subject of the claim.

2. Before taking any action on a claim pursuant to NRS 40.600 to 40.695, inclusive, and sections 2 to 15, inclusive, of this act, the attorney for a claimant shall notify the claimant in writing of the provisions of this section.

Sec. 30. NRS 40.6882 is hereby amended to read as follows:

40.6882 ~~[“Complainant”]~~ As used in NRS 40.6884 and 40.6885, unless the context otherwise requires, “complainant” means a person who makes a claim or files an action against a design professional pursuant to NRS 40.600 to 40.695, inclusive ~~[.]~~ , and sections 2 to 15, inclusive, of this act.

Sec. 31. NRS 40.692 is hereby amended to read as follows:

40.692 ~~[If, after complying with the procedural requirements of NRS 40.645 and 40.680, or NRS 40.682, a claimant proceeds with an action for damages arising from a constructional defect:~~

1. The claimant and each contractor who is named in the original complaint when the action is commenced are not required, while the action is pending, to comply with the requirements of NRS 40.645 or 40.680, or NRS 40.682, for any constructional defect that the claimant includes in an amended complaint, if the constructional defect:

~~(a) Is attributable, in whole or in part, to such a contractor;~~

~~(b) Is located on the same property described in the original complaint; and~~

~~(c) Was not discovered before the action was commenced provided that a good faith effort had been undertaken by the claimant.~~

~~2. The]~~ A claimant who commences an action for a constructional defect is not required to give written notice of a defect pursuant to ~~[subsection 1 of NRS 40.645 or subsection 1 of NRS 40.682]~~ NRS 40.645 to any person who ~~[is joined to or]~~ intervenes in the action as a party after it is commenced. If such a person becomes a party to the action:

~~[(a)]~~ 1. For the purposes of ~~[subsection 1 of NRS 40.645 or subsection 1 of NRS 40.682,]~~ NRS 40.645, the person shall be deemed to have been given notice of the defect by the claimant on the date on which the person becomes a party to the action; and

~~[(b)]~~ 2. The provisions of NRS 40.600 to 40.695, inclusive, and sections 2 to 15, inclusive, of this act apply to the person after that date.

Sec. 32. NRS 40.695 is hereby amended to read as follows:

40.695 1. Except as otherwise provided in subsection 2, statutes of limitation or repose applicable to a claim based on a constructional defect governed by NRS 40.600 to 40.695, inclusive, and sections 2 to 15, inclusive, of this act are tolled from the time notice of the claim is given, until 30 days after mediation is concluded or waived in writing pursuant to NRS 40.680 . ~~[or subsection 4 of NRS 40.682.]~~

2. Tolling under this section applies [:

~~(a) Only to a claim that is not a complex matter.~~

~~(b) To]~~ to a third party regardless of whether the party is required to appear in the proceeding.

Sec. 33. NRS 40.613, 40.682, 40.6881 and 40.6883 are hereby repealed.

Sec. 34. The amendatory provisions of this act apply only to claim for a constructional defect that arises before, on or after August 1, 2003, unless the claimant:

1. Has commenced an action concerning the claim in accordance with NRS 40.600 to 40.695, inclusive, before August 1, 2003; or

2. Has given notice of the claim to the contractor, subcontractor, supplier or design professional pursuant to NRS 40.600 to 40.695, inclusive, before August 1, 2003, including notice on behalf of named and unnamed claimants.

Sec. 35. 1. This section and section 12 of this act become effective upon passage and approval for the purpose of adopting regulations and on August 1, 2003, for all other purposes.

2. Sections 1 to 11, inclusive, and 13 to 34, inclusive, of this act become effective on August 1, 2003.

LEADLINES OF REPEALED SECTIONS

40.613 “Complex matter” defined.

40.682 Complex matters: Written notice by claimant; procedural requirements; additional parties and third-party complaints; mediation; appointment of special master; limitation on certain pretrial procedures; pursuit of claim under warranty; written response by contractor.

40.6881 Definitions.

40.6883 “Design professional” defined.”.

Amend the title of the bill to read as follows:

“AN ACT relating to real property; requiring notice, a right to inspect and a right to repair to be provided to a contractor before an action for constructional defects may be commenced; establishing the State Contractors’ Board as a resource to answer questions and assist in resolving disputes concerning matters which may affect or relate to constructional defects; making various other changes concerning constructional defects; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Makes various changes concerning constructional defects. (BDR 3‑156)”.

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. 436.

Bill read second time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 729.

Amend sec. 2, page 2, line 3, by deleting “Any” and inserting: “Except as otherwise provided by federal or state law, any”.

Amend sec. 23, page 12, line 41, by deleting “or creditors”.

Amend the bill as a whole by deleting sec. 139 and adding:

“Sec. 139. (Deleted by amendment.)”.

Amend sec. 140, page 75, by deleting line 26 and inserting:

“Sec. 140. Chapter 86 of NRS is hereby amended by adding thereto a new section to read as follows:

“Record” means information that is inscribed on a”.

Amend the bill as a whole by deleting sections 141 and 142 and adding:

“Secs. 141 and 142. (Deleted by amendment.)”.

Amend the bill as a whole by deleting sec. 160 and adding:

“Sec. 160. (Deleted by amendment.)”.

Amend the bill as a whole by deleting sections 174 through 176 and adding:

“Secs. 174-176. (Deleted by amendment.)”.

Amend the bill as a whole by deleting sec. 194 and adding:

“Sec. 194. (Deleted by amendment.)”.

Amend sec. 262, pages 147 and 148, by deleting lines 44 and 45 on
page 147 and lines 1 and 2 on page 148, and inserting:

“[3. If the board of county commissioners of a county has adopted an ordinance pursuant to NRS 602.035, a certificate filed pursuant to this section expires 5 years after it is filed with the county clerk.]”.

Amend sec. 263, pages 148 and 149, by deleting lines 9 through 45 on page 148 and lines 1 through 5 on page 149, and inserting:

“(1) His full name;

(2) The street address of his residence or business; and

(3) If the mailing address is different from the street address, the mailing address of his residence or business;

(b) An artificial person required to make annual filings with the Secretary of State to retain its good standing ~~[, its]~~ :

(1) Its name as it appears in the records of the Secretary of State; and

(2) Its mailing address;

(1) The full name of each partner who is a natural person;

(2) The street address of the residence or business of each partner who is a natural person;

(3) If the mailing address is different from the street address, the mailing address of the residence or business of each partner who is a natural person; and

(4) If one or more of the partners is an artificial person described in paragraph (b), the information required by paragraph (b) for each such partner; or

(d) A trust:

(1) The full name of each trustee of the trust;

(2) The street address of the residence or business of each trustee of the trust; and

(3) If the mailing address is different from the street address, the mailing address of the residence or business of each trustee of the trust.

2. The certificate must be:

(a) Signed:

(1) In the case of a natural person, by him;

(2) In the case of an artificial person required to make annual filings with the Secretary of State to retain its good standing, by a person required to sign the annual filing;

(3) In the case of a general partnership, by each of the partners who is a natural person, and if one or more of the partners is an artificial person described in subparagraph (2), by an officer of the corporation or a person required to sign the annual filing; or

(4) In the case of a trust, by each of the trustees; and

(b) Notarized.”.

Amend the bill as a whole by adding a new section designated sec. 263.5, following sec. 263, to read as follows:

“Sec. 263.5. NRS 602.035 is hereby amended to read as follows:

602.035 1. The board of county commissioners of a county may provide, by ordinance, that a certificate filed with the county clerk pursuant to NRS 602.010 expires 5 years after it is filed.

2. If such an ordinance is adopted, on or before the expiration of the certificate, the person doing business in the county under an assumed or fictitious name that does not indicate the real name of each person who owns an interest in the business must file a renewal certificate containing the information required by NRS 602.020 with the county clerk.

3. A renewal certificate filed pursuant to this section:

(a) Expires 5 years after it is filed with the county clerk.

(b) Must include a statement indicating that the renewal certificate expires 5 years after the date on which it is filed with the county clerk.

4. Upon the adoption of such an ordinance, the county clerk shall ~~[cause to be published in a newspaper of general circulation in the county notice that]~~ notify those persons who have filed certificates in the county pursuant to NRS 602.010 that they are required to renew those certificates pursuant to the provisions of this section ~~[.]~~ by:

(a) Publishing such notice in a newspaper of general circulation in the county; and

(b) Mailing such notice to the last known address of those persons.”.

Amend sec. 264, page 149, line 18, after “mailing” by inserting “or street”.

Amend the bill as a whole by deleting sections 265 and 266 and adding:

“Secs. 265 and 266. (Deleted by amendment.)”.

Assemblyman Anderson moved the adoption of the amendment.

Remarks by Assemblyman Anderson.

Amendment adopted.

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

general file and third reading

Assembly Bill No. 264.

Bill read third time.

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

Amendment No. 849.

Amend the bill as a whole by deleting sections 1 through 40, renumbering sec. 41 as sec. 3 and adding new sections designated sections 1 and 2, following the enacting clause, to read as follows:

“Section 1. NRS 386.655 is hereby amended to read as follows:

386.655 1. The Department, the school districts and the public schools, including, without limitation, charter schools, shall, in operating the statewide automated system of information established pursuant to
NRS 386.650, comply with the provisions of:

(a) For all pupils, the Family Educational Rights and Privacy Act,
20 U.S.C. § 1232g, and any regulations adopted pursuant thereto; and

(b) For pupils with disabilities who are enrolled in programs of special education, the provisions governing access to education records and confidentiality of information prescribed in the Individuals with Disabilities Education Act, 20 U.S.C. § 1417(c), and the regulations adopted pursuant thereto.

2. Except as otherwise provided in 20 U.S.C. § 1232g(b) , ~~[and]~~ any other applicable federal law ~~[,]~~ and the laws of this state, a public school, including, without limitation, a charter school, shall not release the education records of a pupil to a person or an agency of a federal, state or local government without the written consent of the parent or legal guardian of the pupil.

3. In addition to the record required pursuant to
20 U.S.C. § 1232g(b)(4)(A), each school district shall maintain within the statewide automated system of information an electronic record of all persons and agencies who have requested the education record of a pupil or obtained access to the education record of a pupil, or both, pursuant to
20 U.S.C. § 1232g. The electronic record must be maintained and may only be disclosed in accordance with the provisions of 20 U.S.C. § 1232g. A charter school shall provide to the school district in which the charter school is located such information as is necessary for the school district to carry out the provisions of this subsection, regardless of the sponsor of the charter school.

4. The right accorded to a parent or legal guardian of a pupil pursuant to subsection 2 devolves upon the pupil on the date on which he attains the age of 18 years.

5. As used in this section, unless the context otherwise requires, “education records” has the meaning ascribed to it in
20 U.S.C. § 1232g(a)(4).

Sec. 2. NRS 388.5315 is hereby amended to read as follows:

388.5315 1. A denial of rights of a pupil with a disability pursuant to NRS 388.521 to 388.5315, inclusive, must be entered in the pupil’s cumulative record and a confidential file maintained for that pupil. Notice of the denial must be provided to the board of trustees of the school district ~~[.]~~ , the pupil’s individualized education program team and the parent or guardian of the pupil. A law enforcement agency or district attorney may:

(a) Upon request of a parent or guardian of a pupil, investigate the denial of rights of the pupil pursuant to NRS 388.521 to 388.5315, inclusive; and

(b) Upon consent of a parent or guardian of a pupil, receive a copy of the notice of denial of rights of the pupil.

2. If the board of trustees of a school district receives notice of a denial of rights pursuant to subsection 1, it shall cause a full report to be prepared which must set forth in detail the factual circumstances surrounding the denial. A copy of the report must be provided to the Department.

3. The Department:

(a) Shall receive reports made pursuant to subsection 2;

(b) May investigate apparent violations of the rights of pupils with disabilities; and

Amend the bill as whole by deleting sections 42 through 67, renumbering sec. 68 as sec. 13 and adding new sections designated sections 4 through 12, following sec. 41, to read as follows:

“Sec. 4. NRS 392.029 is hereby amended to read as follows:

392.029 1. If a parent or legal guardian of a pupil requests the education records of the pupil, a public school shall comply with the provisions of 20 U.S.C. § 1232g(a) and 34 C.F.R. Part 99.

2. If a parent or legal guardian of a pupil reviews the education records of the pupil and requests an amendment or other change to the education records, a public school shall comply with the provisions of
20 U.S.C. § 1232g(a) and 34 C.F.R. Part 99.

3. ~~[Except as otherwise provided in 20 U.S.C. § 1232g(b), a]~~ A public school shall not release the education records of a pupil to a person, agency or organization without the written consent of the parent or legal guardian of the pupil ~~[.]~~ , except for a release of education records without consent:

(a) To a juvenile probation officer, law enforcement officer or district attorney who is conducting an investigation of truancy pursuant to chapter 62 or 392 of NRS;

(b) To a juvenile probation officer, law enforcement officer or district attorney who is conducting an investigation of a threat pursuant to
NRS 392.915;

(c) To a juvenile probation officer conducting a preliminary inquiry pursuant to NRS 62.128; or

(d) As otherwise authorized by 20 U.S.C. § 1232g(b).

Upon receipt of information pursuant to this subsection, a person receiving the information shall certify in writing to the public school that the information received will not be disclosed to any other person except as otherwise provided by state law without the prior consent of the parent or guardian of the pupil.

4. If a public school administers a program which includes a survey, analysis or evaluation that is designed to elicit the information described in 20 U.S.C. § 1232h, it must comply with the provisions of that section.

5. A right accorded to a parent or legal guardian of a pupil pursuant to the provisions of this section devolves upon the pupil on the date on which he attains the age of 18 years.

6. A public school shall, at least annually, provide to each pupil who is at least 18 years of age and to a parent or legal guardian of each pupil who is not at least 18 years of age, written notice of his rights pursuant to this section.

7. The provisions of this section:

(a) Are intended to ensure that each public school complies with the provisions of 20 U.S.C. §§ 1232g and 1232h;

(b) Must, to the extent possible, be construed in a manner that is consistent with 20 U.S.C. §§ 1232g and 1232h, and the regulations adopted pursuant thereto;

(d) Do not impair any right, obligation or prohibition established pursuant to ~~[chapter]~~ chapters 62 and 432B of NRS.

8. The State Board may adopt such regulations as are necessary to ensure that public schools comply with the provisions of this section.

9. A public school or an employee of a public school who, in good faith, releases or fails to release education records pursuant to subsection 3 is immune from civil or criminal liability for releasing or failing to release education records pursuant to subsection 3 unless the public school or employee of the public school acted with gross negligence.

10. As used in this section, unless the context otherwise requires, “education records” has the meaning ascribed to it in
20 U.S.C. § 1232g(a)(4).

Sec. 5. Chapter 394 of NRS is hereby amended by adding thereto a new section to read as follows:

1. It is unlawful for a person knowingly to use or attempt to use a false or misleading educational credential in connection with any education, business, employment, occupation, profession, trade or public office.

2. For the purposes of this section, an educational credential is false or misleading if it:

(a) States or suggests that the person named in the credential has completed the requirements of an academic or professional program of study in a particular field of endeavor beyond the secondary school level and the person has not, in fact, completed the requirements of the program of study;

(b) Is offered as his own by a person other than the person who completed the requirements of the program of study; or

(c) Is given in violation of NRS 394.630.

Sec. 6. NRS 394.125 is hereby amended to read as follows:

394.125 It is the policy of this state to encourage and enable its ~~[citizens]~~ residents to receive an education commensurate with their respective talents and desires. The Legislature recognizes that privately owned institutions offering elementary, secondary and postsecondary education and vocational and professional instruction perform a necessary service to the ~~[citizens]~~ residents of this state. It is the purpose of this chapter to provide for the protection, education and welfare of the ~~[citizens]~~ residents of the State of Nevada, its educational, vocational and professional institutions, and its students, by:

1. Establishing minimum standards concerning quality of education, ethical and business practices, health and safety, and fiscal responsibility, to protect against substandard, transient, unethical, deceptive or fraudulent institutions and practices;

2. Prohibiting the granting or use of false or misleading educational credentials;

3. Regulating the use of academic terminology in naming or otherwise designating educational institutions;

4. Prohibiting misleading literature, advertising, solicitation or representation by educational institutions or their agents;

5. Providing for the preservation of essential academic records; and

6. Providing certain rights and remedies to the consuming public and the Commission and the Board necessary to effectuate the purposes of this chapter.

Sec. 7. NRS 394.620 is hereby amended to read as follows:

394.620 As used in NRS 394.620 to 394.670, inclusive ~~[:]~~ , and section 5 of this act:

1. “Degree” means any statement, diploma, certificate or other writing in any language which indicates or represents, or which is intended to indicate or represent, that the person named thereon is learned in or has satisfactorily completed the requirements of an academic or professional program of study in a particular field of endeavor beyond the secondary school level as a result of formal preparation or training.

2. “Honorary degree” means any statement, diploma, certificate or other writing in any language which indicates or represents, or which is intended to indicate or represent, that the person named thereon is learned in any field of public service or has performed outstanding public service or that the person named thereon has demonstrated proficiency in a field of endeavor without having completed formal courses of instruction or study or formal preparation or training.

Sec. 8. NRS 394.650 is hereby amended to read as follows:

394.650 Any person, including, without limitation, any firm, partnership, corporation, association or ~~[any]~~ other organization , which violates any ~~[of the provisions]~~ provision of NRS 394.620 to 394.640, inclusive, and section 5 of this act, is liable for a civil penalty not to exceed $2,500 for each violation, which ~~[shall]~~ may be recovered in a civil action ~~[,]~~ brought in the name of the State of Nevada by the Attorney General or by any district attorney in a court of competent jurisdiction. As used in this section, “each violation” includes, as a single violation, a continuous or repetitive violation arising out of the same act.

Sec. 9. NRS 394.660 is hereby amended to read as follows:

394.660 The Attorney General or any district attorney may bring an action in any court of competent jurisdiction, either as a part of any action brought pursuant to NRS 394.650 or as a separate action, to enjoin ~~[any]~~ a violation of ~~[the provisions]~~ any provision of NRS 394.620 to 394.640, inclusive ~~[.]~~ , and section 5 of this act.

Sec. 10. NRS 394.670 is hereby amended to read as follows:

394.670 Every person who violates any ~~[of the provisions]~~ provision of NRS 394.620 to 394.640, inclusive, and section 5 of this act is guilty of a gross misdemeanor. Each day’s violation is a separate offense.

Sec. 11. Chapter 62 of NRS is hereby amended by adding thereto a new section to read as follows:

1. A juvenile probation officer may inspect the education records of a child, including, without limitation, records of discipline maintained by a school, to conduct a preliminary inquiry pursuant to NRS 62.128 when a juvenile probation officer receives a complaint that the child:

(a) Has committed a delinquent offense; or

(b) Is in need of supervision.

2. Upon receipt of information pursuant to this section, a juvenile probation officer shall certify in writing to the school that the information received will not be disclosed to any other person except as otherwise provided by state law without the prior written consent of the parent or guardian of the child.

3. As used in this section “education records” has the meaning ascribed to it in 20 U.S.C. § 1232g(a)(4).

Sec. 12. NRS 205.420 is hereby amended to read as follows:

205.420 Every person who ~~[shall conduct]~~ conducts any business or ~~[perform]~~ performs any act under color of, or ~~[file]~~ files for record with any public officer, any false or fraudulent permit, license ~~[, diploma]~~ or writing, or any permit, license ~~[, diploma]~~ or writing not lawfully belonging to ~~[such]~~ that person, or who ~~[shall obtain]~~ obtains any permit, license, diploma or writing by color or aid of any false representation, pretense, personation, token or writing, ~~[shall be]~~ is guilty of a gross misdemeanor.”.

Amend sec. 68, page 8, by deleting lines 25 through 28 and inserting:

“Sec. 13. 1. There is hereby appropriated from the State General Fund to the Department of Education the following sums for grants of money to school districts that adopt a program of enhanced compensation for certain teachers:

For the Fiscal Year 2003-2004 $9,000,000

For the Fiscal Year 2004-2005 $9,000,000”.

Amend sec. 68, page 9, by deleting lines 25 through 28 and inserting:

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

Amend the bill as a whole by deleting sections 69 through 72 and renumbering sections 73 and 74 as sections 14 and 15.

Amend sec. 74, page 10, by deleting lines 14 through 17 and inserting:

“Sec. 15. This act becomes effective on July 1, 2003.”.

Amend the title of the bill to read as follows:

“AN ACT relating to education; providing for the release of certain records of pupils under certain circumstances; revising provisions governing the purchase of retirement credit by boards of trustees of school districts for certain teachers; prohibiting under certain circumstances the use or attempted use of a false or misleading educational credential; making an appropriation for school districts to provide programs of enhanced compensation; providing a penalty; and providing other matters properly relating thereto.”.

Assemblywoman Giunchigliani moved the adoption of the amendment.

Remarks by Assemblywoman Giunchigliani.

Amendment adopted.

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

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Oceguera moved that Senate Bill No. 460 be taken from the Chief Clerk’s desk and placed on the General File.

Remarks by Assemblyman Oceguera.

Motion carried.

Assemblyman Oceguera moved that Senate Bill No. 66 be taken from the General File and placed on the Chief Clerk’s desk.

Remarks by Assemblyman Oceguera.

Motion carried.

Assemblyman Oceguera moved that Senate Bill No. 355 be taken from the General File and placed on the Chief Clerk’s desk.

Remarks by Assemblyman Oceguera.

Motion carried.

Assemblyman Oceguera moved that Senate Bill No. 471 be taken from the General File and placed on the Chief Clerk’s desk.

Remarks by Assemblyman Oceguera.

Motion carried.

Assemblyman Oceguera moved that Senate Bill No. 320 be taken from its position on the General File and placed at the top of the General File.

Remarks by Assemblyman Oceguera.

Motion carried.

Assemblyman Manendo moved that the action whereby Senate Amendment No. 847 to Senate Bill No. 112 was adopted be rescinded. Motion carried.

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

Assembly in recess at 5:47 p.m.

ASSEMBLY IN SESSION

At 5:50 p.m.

Mr. Speaker presiding.

Quorum present.

Assemblyman Oceguera moved that Senate Bill No. 460 be taken from the General File and placed on the Chief Clerk’s desk.

Motion carried.

Assemblyman Oceguera moved that Senate Bill No. 425 be taken from the Chief Clerk’s desk and placed at the top of the General File.

Motion carried.

SECOND READING AND AMENDMENT

Senate Bill No. 112.

Bill read second time.

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

Amendment No. 873.

Amend section 1, page 2, between lines 2 and 3, by inserting:

“3. The Secretary of State shall adopt regulations to define “care, custody and control” for the purposes of subsection 1.”.

Amend sec. 2, page 3, by deleting lines 12 through 14 and inserting: “check or other instrument:

(1) A fee of $25; and

(2) If the check or other instrument that was returned had been presented for the payment of a filing fee for more than one entity, an additional fee in an amount equal to the actual cost incurred by the Office of the Secretary of State to perform the following actions as a result of the returned check or instrument:

(I) Reversing the status of the entities in the records of the Office of the Secretary of State; and

(II) Recouping any fees charged for services rendered by the Office of the Secretary of State to the entities, including, without limitation, fees charged for providing service pursuant to paragraph (d), providing copies or issuing certificates. The Secretary of State shall, by regulation, establish procedures for the imposition of the fees authorized by this paragraph and the manner in which a fee authorized by subparagraph (2) will be calculated.”.

Amend the title of the bill, fourth line, after “State;” by inserting: “requiring the Secretary of State to adopt certain regulations;”.

Assemblyman Manendo moved the adoption of the amendment.

Remarks by Assemblyman Manendo.

Amendment adopted.

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

general file and third reading

Senate Bill No. 425.

Bill read third time.

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

Amendment No. 872.

Amend the bill as a whole by adding an enacting clause, following the title, to read as follows:

“THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:”.

Amend section 1, page 1, line 2, by deleting: “2, 3 and 3.5” and inserting:

“2 to 3.7, inclusive,”.

Amend sec. 3.5, page 2, line 10, by deleting “Board;” and inserting: “Board or the board or other relevant authority of another state;”.

Amend sec. 3.5, page 2, line 16, by deleting “Board;” and inserting: “Board or the board or other relevant authority of another state;”.

Amend the bill as a whole by adding a new section designated as sec. 3.7, following sec. 3.5, to read as follows:

“Sec. 3.7. 1. A pharmacist shall not refuse to fill or refill a prescription as written unless the pharmacist knows or has reasonable cause to believe that the prescription is:

(a) Fraudulent;

(b) Issued contrary to law; or

(c) Contraindicated.

2. If a pharmacist refuses to dispense a prescription pursuant to paragraph (c) of subsection 1, the pharmacist shall consult with the prescribing practitioner as soon as practicable.

3. The provisions of this section do not:

(a) Require a pharmacist to stock a particular drug; or

(b) Prohibit a pharmacist from:

(1) Substituting a drug pursuant to NRS 639.2583; or

(2) Requiring payment for a drug in the normal course of business.”.

Amend the bill as a whole by deleting sec. 7 and adding:

“Sec. 7. (Deleted by amendment.)”.

Amend sec. 13, page 7, by deleting lines 27 and 28 and inserting: “intern pharmacist ~~[or supportive personnel]~~ , pharmaceutical technician or pharmaceutical technician in training or a license issued”.

Amend sec. 14, page 7, by deleting lines 34 and 35 and inserting: “intern pharmacist ~~[or supportive personnel]~~ , pharmaceutical technician or pharmaceutical technician in training or a license issued”.

Amend sec. 14, page 8, by deleting lines 2 and 3 and inserting: “intern pharmacist ~~[or supportive personnel]~~ , pharmaceutical technician or pharmaceutical technician in training or a license issued”.

Amend sec. 16, page 9, by deleting line 16 and inserting: “~~[supportive personnel,]~~ pharmaceutical technicians, including”.

Amend sec. 16, page 9, by deleting line 19 and inserting: “~~[supportive personnel;]~~ pharmaceutical technicians; and”.

Amend sec. 16, page 9, by deleting line 21 and inserting: “~~[supportive personnel,]~~ pharmaceutical technicians,”.

Amend sec. 20, page 11, between lines 24 and 25, by inserting: “~~[For the initial registration of supportive personnel~~ 50

~~For the biennial renewal of registration of supportive personnel~~ ~~50]~~”.

Amend sec. 20, page 11, by deleting lines 31 through 33.

Amend sec. 21, page 12, by deleting lines 42 and 43 and inserting: “intern pharmacist ~~[or supportive personnel]~~ , pharmaceutical technician or pharmaceutical technician in training or a license issued”.

Amend sec. 25, page 15, lines 27 and 28, by deleting “intentional”.

Amend sec. 25, page 15, line 29, by deleting “summary”.

Amend sec. 27, page 17, between lines 33 and 34, by inserting:

“5. As used in this section, “peace officer” does not include:

(a) A member of the Police Department of the University and Community College System of Nevada.

(b) A school police officer who is appointed or employed pursuant to
NRS 391.100.”.

Amend sec. 36, page 20, by deleting lines 35 through 37 and inserting: “registration as a pharmacist, ~~[an]~~ intern pharmacist ~~[or supportive personnel]~~ , pharmaceutical technician or pharmaceutical technician in training or a license issued pursuant to NRS 639.223, the Board”.

Amend sec. 36, page 21, by deleting lines 2 and 3 and inserting:

“pharmacist, ~~[an]~~ intern pharmacist ~~[or supportive personnel]~~ , pharmaceutical technician or pharmaceutical technician in training or a”.

Amend the bill as a whole by deleting sections 38 and 39 and adding:

“Secs. 38 and 39. (Deleted by amendment.)”.

Amend sec. 50, page 32, line 43, before “639.133,” by inserting “639.0152,”

Amend the leadlines of repealed sections by adding the leadline of
NRS 639.0152.

Amend the title of the bill to read as follows:

“AN ACT relating to pharmacy; prohibiting a pharmacist from refusing to fill or refill a prescription under certain circumstances; eliminating the provisions relating to the regulation of supportive personnel; increasing the fee for the biennial renewal of a license for a manufacturer or wholesaler; abolishing inactive licenses; revising provisions governing the sale and purchase of prescription drugs by a wholesaler; revising provisions governing a rehearing of the State Board of Pharmacy concerning a contest or appeal of a decision of the Board; repealing the requirement that a notice concerning the substitution of certain drugs be displayed in a pharmacy; authorizing persons enrolled in certain training programs to administer controlled substances and certain drugs and medicines; and providing other matters properly relating thereto.”.

Assemblyman Goldwater moved the adoption of the amendment.

Remarks by Assemblymen Goldwater and Hardy.

Amendment adopted on a division of House.

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

Senate Bill No. 320.

Bill read third time.

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

Amendment No. 879.

Amend sec. 2, page 1, line 6, by deleting “616D,” and inserting “617,”.

Amend sec. 3, page 1, line 8, by deleting “If” and inserting: “The Commissioner may issue certificates authorizing qualified external review organizations to conduct external reviews for the purposes of chapters 616A to 617, inclusive, of NRS. If the Commissioner issues such certificates and”.

Amend sec. 3, page 1, line 10, by deleting “616D,” and inserting “617,”.

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

Amend sec. 3, page 2, line 5, by deleting “The regulations” and inserting: “Any regulations adopted pursuant to this section”.

Amend sec. 5, page 4, line 10, by deleting “shall” and inserting “may”.

Amend sec. 5, page 4, line 12, by deleting “The regulations” and inserting: “Any regulations adopted pursuant to this section”.

Amend sec. 10, page 9, by deleting lines 8 through 24 and inserting: “authorization for payment has been denied, the appeals officer may ~~[refer]~~ :

(a) Refer the employee to a physician or chiropractor of his choice who has demonstrated special competence to treat the particular medical condition of the employee. If the medical question concerns the rating of a permanent disability, the appeals officer may refer the employee to a rating physician or chiropractor. The rating physician or chiropractor must be selected in rotation from the list of qualified physicians or chiropractors maintained by the Administrator pursuant to subsection 2 of NRS 616C.490, unless the insurer and the injured employee otherwise agree to a rating physician or chiropractor. The insurer shall pay the costs of any examination requested by the appeals officer.

(b) If the medical question or dispute is relevant to an issue involved in the matter before the appeals officer and all parties agree to the submission of the matter to an external review organization, submit the matter to an external review organization in accordance with section 5 of this act and any regulations adopted by the Commissioner.”.

Amend the title, first line, by deleting “establishing” and inserting: “authorizing the establishment of”.

Assemblyman Goldwater moved the adoption of the amendment.

Remarks by Assemblymen Goldwater and Hardy.

Amendment adopted.

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

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Oceguera moved that Assembly Bills Nos. 297, 418, and 441; Senate Bills Nos. 18, 19, 82, 136, 143, 146, 168, 179, 193, 231, 240, 262, 280, 288, 309, 312, 328, 329, 332, 351, 372, 386, 423, 449, 451, 452, 453, 459, 470, 475, 476, 478, 481, 482, 485, 486, 489, 490, 491, 493;
Senate Joint Resolutions Nos. 3 and 4 be taken from the General File and placed on the General File for the next legislative day.

Motion carried.

REPORTS OF COMMITTEES

Mr. Speaker:

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

Vonne Chowning, Chairman

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Oceguera moved that Senate Bill No. 192 just reported out of committee, be placed on the Second Reading File.

Motion carried.

SECOND READING AND AMENDMENT

Senate Bill No. 192.

Bill read second time.

The following amendment was proposed by the Committee on Transportation:

Amendment No. 881.

Amend sec. 2, page 2, line 15, by deleting “drives a” and inserting: “drives:

(a) A”

Amend sec. 2, page 2, by deleting line 17 and inserting: “bus; or

(b) A vehicle used by a transportation service for disabled persons if the person is certified as an emergency medical technician pursuant to
chapter 450B of NRS.”.

Amend sec. 5, page 2, by deleting line 28 and inserting: “Authority:

(a) A fee of $100 on July 1, 2003;

(b) A fee of $50 on January 1, 2004; and

(c) Beginning on July 1, 2004, and on July 1 of each year thereafter, a fee of not more than $200, for each motor vehicle”.

Amend sec. 5, page 2, line 31, by deleting “or”.

Amend sec. 5, page 2, line 32, by deleting “car.” and inserting: “car; or

(c) An operator of a transportation service for disabled persons with respect to those motor vehicles that are driven by persons who are certified as emergency medical technicians pursuant to chapter 450B of NRS.”.

Amend the bill as a whole by adding a new section designated sec. 5.5, following sec. 5, to read as follows:

“Sec. 5.5. 1. It is unlawful for any person to advertise services for which a certificate of public convenience and necessity or a contract carrier’s permit is required pursuant to NRS 706.011 to 706.791, inclusive, and sections 2 to 11, inclusive, of this act, unless the person has been issued such a certificate or permit.

2. If, after notice and a hearing, the Authority determines that a person has engaged in advertising in a manner that violates the provisions of this section, the Authority may, in addition to any penalty, punishment or disciplinary action authorized by the provisions of NRS 706.011 to 706.791, inclusive, and sections 2 to 11, inclusive, of this act, issue an order to the person to cease and desist the unlawful advertising and to:

(a) Cause any telephone number included in the advertising, other than a telephone number to a provider of paging services, to be disconnected.

(b) Request the provider of paging services to change the number of any beeper which is included in the advertising or disconnect the paging services to such a beeper, and to inform the provider of paging services that the request is made pursuant to this section.

3. If a person fails to comply with paragraph (a) of subsection 2 within
5 days after the date that he receives an order pursuant to subsection 2, the Authority may request the Commission to order the appropriate provider of telephone service to disconnect any telephone number included in the advertisement, except for a telephone number to a provider of paging services. If a person fails to comply with paragraph (b) of subsection 2 within 5 days after the date he receives an order pursuant to subsection 2, the Authority may request the provider of paging services to switch the beeper number or disconnect the paging services provided to the person, whichever the provider deems appropriate.

4. If the provider of paging services receives a request from a person pursuant to subsection 2 or a request from the Authority pursuant to subsection 3, it shall:

(a) Disconnect the paging service to the person; or

(b) Switch the beeper number of the paging service provided to the person.

If the provider of paging services elects to switch the number pursuant to paragraph (b), the provider shall not forward or offer to forward the paging calls from the previous number, or provide or offer to provide a recorded message that includes the new beeper number.

5. As used in this section:

(a) “Advertising” includes, but is not limited to, the issuance of any sign, card or device, or the permitting or allowing of any sign or marking on a motor vehicle, in any building, structure, newspaper, magazine or airway transmission, on the Internet or in any directory under the listing of “fully regulated carrier” with or without any limiting qualifications.

(b) “Beeper” means a portable electronic device which is used to page the person carrying it by emitting an audible or a vibrating signal when the device receives a special radio signal.

(c) “Provider of paging services” means an entity, other than a public utility, that provides paging service to a beeper.

(d) “Provider of telephone service” has the meaning ascribed to it in
NRS 707.355.”.

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

(1) If the applicant is a resident of this state,”.

Amend sec. 6, page 3, line 7, by deleting “passengers.” and inserting: “passengers; and

(2) If the applicant is a resident of a state other than Nevada and his residence is located within 50 miles of the boundary of this state, require proof that the applicant has a valid and appropriate license issued by his state of residence which authorizes the applicant to drive the vehicle that he will be driving in this state for the fully regulated carrier of passengers. The Authority may require such an applicant to provide proof satisfactory to the Authority that the applicant is a resident of a state other than Nevada and his residence is located within 50 miles of the boundary of this state.”.

Amend sec. 9, page 4, line 44, by deleting “state.” and inserting: “state or who holds a license to practice medicine issued by any other state.”.

Amend sec. 10, page 5, line 24, by deleting “by this” and inserting: “by:

(I) This”.

Amend sec. 10, page 5, line 25, after “inclusive;” by inserting: “or

(II) If the person is a resident of a state other than Nevada and his residence is located within 50 miles of the boundary of this state, by the state in which the person is a resident;”.

Amend sec. 16, pages 7 and 8, by deleting lines 36 through 44 on page 7 and line 1 on page 8, and inserting:

“2. Filing fees may not exceed:

(a) For applications, $200.

(b) For petitions seeking affirmative relief, $200.

(c) For each tariff page that requires public notice and is not attached to an application, $10. If more than one page is filed at one time, the total fee may not exceed the cost of notice and publication.

(d) For all other documents that require public”.

Amend sec. 17, page 9, by deleting lines 12 through 25.

Amend sec. 21, page 11, by deleting lines 36 through 38 and inserting:

“(a) The applicant is financially and operationally fit, willing and able to perform the services of a common motor carrier ~~[;]~~ and that the operation of, and the provision of such services by, the applicant as a common motor carrier will foster sound economic conditions within the applicable industry;”.

Amend sec. 21, page 11, line 43, by deleting “and” and inserting “~~[and]~~”.

Amend sec. 21, page 12, line 2, after “benefit” by inserting: “and protect the safety and convenience of”.

Amend sec. 21, page 12, line 3, by deleting “state.” and inserting “state ~~[.]~~ ;

(e) The proposed operation, or service under the proposed modification, will be provided on a continuous basis;

(f) The market identified by the applicant as the market which the applicant intends to serve will support the proposed operation or proposed modification; and

(g) The applicant has paid all fees and costs related to the application.”.

Amend sec. 21, page 12, line 9, after “~~[An]~~” by inserting: “In determining whether the applicant is fit to perform the services of a common motor carrier pursuant to paragraph (a) of subsection 2, the Authority shall consider whether the applicant has violated any provision of chapter 706 of NRS or any regulations adopted pursuant thereto.

5.”.

Amend sec. 21, page 12, line 13, by deleting “~~[.]~~” and inserting “[.

~~5.]~~”.

Amend sec. 21, page 12, line 17, by deleting “5.” and inserting “6.”.

Amend sec. 21, page 12, line 22, by deleting “6.” and inserting “~~[6.]~~ 7.”.

Amend sec. 21, page 12, line 24, by deleting “7.” and inserting “~~[7.]~~ 8.”.

Amend the title of the bill by deleting the seventh through twelfth lines and inserting: “such a permit; increasing certain filing fees; prohibiting persons who do not hold a certificate of public convenience and necessity or contract carrier’s permit from advertising as a fully regulated carrier; authorizing the disconnection or switching of telephone, beeper and paging numbers included in such advertising; prohibiting discriminatory conduct”.

Assemblywoman Chowning moved the adoption of the amendment.

Remarks by Assemblymen Chowning and Hardy.

Amendment adopted.

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

UNFINISHED BUSINESS

Consideration of Senate Amendments

Assembly Bill No. 32.

The following Senate amendment was read:

Amendment No. 606.

Amend section 1, page 2, by deleting lines 12 and 13 and inserting:

“4. “Provider of new electric resources” has the meaning ascribed to it in NRS 704B.130.”.

Amend sec. 2, page 2, line 20, by deleting “eligible customer,” and inserting: “provider of new electric resources,”.

Amend sec. 2, page 2, line 24, by deleting “eligible customer,” and inserting: “provider of new electric resources,”.

Amend sec. 3, page 2, line 36, by deleting “eligible customer” and inserting: “provider of new electric resources”.

Amend sec. 3, page 2, line 42, after “report” by inserting: “, with respect to all applicable business transacted in this state,”.

Amend sec. 3, page 3, line 5, after “information” by inserting: “with respect to applicable business transacted in this state”.

Amend sec. 4, page 3, line 17, by deleting “eligible customer” and inserting: “provider of new electric resources”.

Amend sec. 4, page 3, line 18, after “state,” by inserting: “with respect to such business,”.

Amend sec. 5, page 3, line 43, by deleting “eligible customer” and inserting: “provider of new electric resources”.

Amend sec. 6, page 4, line 39, by deleting “eligible customer,” and inserting: “provider of new electric resources,”.

Amend sec. 6, page 4, line 41, by deleting “eligible customer” and inserting: “provider of new electric resources”.

Amend the title of the bill by deleting the third through eleventh lines and inserting: “discretionary natural gas service and providers of new electric resources; requiring certain public utilities, alternative sellers, providers of discretionary natural gas service and providers of new electric resources to keep uniform and detailed accounts of all applicable business transacted in this state and to furnish an annual report to the Commission and affected governmental entities; imposing a civil penalty against an alternative seller, provider of discretionary natural gas service or provider of new electric resources who violates certain”.

Amend the summary of the bill to read as follows:

“SUMMARY—Revises certain provisions governing public utilities, alternative sellers, providers of discretionary natural gas service, providers of new electric resources and eligible customers. (BDR 58‑626)”.

Assemblyman Goldwater moved that the Assembly do not concur in the Senate amendment to Assembly Bill No. 32.

Remarks by Assemblyman Goldwater.

Motion carried.

Bill ordered transmitted to the Senate.

Assembly Bill No. 419.

The following Senate amendment was read:

Amendment No. 708.

Amend section 1, page 2, between lines 35 and 36, by inserting:

“(c) An offender in the course and scope of his employment in a work program directed by the warden, sheriff, administrator or other person responsible for administering a prison, jail or other detention facility.

(d) A person performing work through a court-assigned restitution or community-service program.”.

Assemblyman Goldwater moved that the Assembly concur in the Senate amendment to Assembly Bill No. 419.

Remarks by Assemblyman Goldwater.

Motion carried by a two-thirds constitutional majority.

Bill ordered to enrollment.

Assembly Bill No. 498.

The following Senate amendment was read:

Amendment No. 605.

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

“Section 1. Chapter 118B of NRS is hereby amended by adding thereto a new section to read as follows:

1. The landlord of a manufactured home park shall post in a conspicuous and readily accessible place in the community or recreational facility in the manufactured home park, at or near the entrance of the manufactured home park or in another common area in the manufactured home park, a legible and typewritten sign that contains the following contact information regarding the Division in substantially the following form:

TENANTS OF MANUFACTURED HOME PARKS ARE ENTITLED TO CERTAIN RIGHTS UNDER NEVADA REVISED STATUTES

To obtain information regarding your rights as a tenant under Nevada Revised Statutes, you may contact the Manufactured Housing Division of the Department of Business and Industry as follows:

SOUTHERN NEVADA:

(The address of the Division in Southern Nevada)

(The local telephone number of the Division in Southern Nevada)

NORTHERN NEVADA:

(The address of the Division in Northern Nevada)

(The local telephone number of the Division in Northern Nevada)

INTERNET:

(The Internet address of the Division)

2. The Division shall notify each landlord if any of the contact information regarding the Division changes. Not later than 30 days after receiving such a notice from the Division, the landlord shall replace the existing sign with a new sign that contains the new contact information regarding the Division.”.

Amend the bill as a whole by renumbering sections 4 through 12 as sections 6 through 14 and adding a new section designated sec. 5, following sec. 3, to read as follows:

“Sec. 5. NRS 118B.070 is hereby amended to read as follows:

118B.070 1. The landlord shall provide:

~~[1.]~~ (a) Each new tenant with a copy of the current text of the provisions of this chapter with the rental agreement at the time the tenant signs the agreement.

~~[2.]~~ (b) Each tenant with a copy of each provision of this chapter which is added, amended or repealed within 90 days after the provisions become effective.

2. When the landlord provides a tenant with a copy of any of the provisions of this chapter pursuant to subsection 1, the copy must contain a legible and typewritten statement that contains the following contact information regarding the Division in substantially the following form:

TENANTS OF MANUFACTURED HOME PARKS ARE ENTITLED TO CERTAIN RIGHTS UNDER NEVADA REVISED STATUTES

To obtain information regarding your rights as a tenant under Nevada Revised Statutes, you may contact the Manufactured Housing Division of the Department of Business and Industry as follows:

SOUTHERN NEVADA:

(The address of the Division in Southern Nevada)

(The local telephone number of the Division in Southern Nevada)

NORTHERN NEVADA:

(The address of the Division in Northern Nevada)

(The local telephone number of the Division in Northern Nevada)

INTERNET:

(The Internet address of the Division)”.

Assemblyman Goldwater moved that the Assembly do not concur in the Senate amendment to Assembly Bill No. 498.

Remarks by Assemblyman Goldwater.

Motion carried.

Bill ordered transmitted to the Senate.

GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR

On request of Assemblyman Andonov, the privilege of the floor of the Assembly Chamber for this day was extended to Paula Tibesar,
Paula Woods, Amanda Jevons, Nick Jevons, Adam Martinez, Luigi Pascua, Jordan Hagen, Bryan Miller, Jonathan Silbert, Joyce Woodhouse,
Gary Waddell, Melissa Cipriano, Gene Sugano, and Roz Santangelo.

On request of Assemblywoman Buckley, the privilege of the floor of the Assembly Chamber for this day was extended to Paul Aizley and Sari Aizley.

On request of Assemblywoman Chowning, the privilege of the floor of the Assembly Chamber for this day was extended to Miranda Mace,
Ariane Steffan, Kim Deming, George Ullom, Shelia Gilchrist,
Scott Siverhus, Don Newell, Sara Lavarna, Miriam Quintana,
Leticia Quintana, Craig Van Tine, Dana Arce-Escobar, Joselin Chavarria, Victor Corona, Jackie De Los Santos, Juanita Diaz, Rogelio Fajardo,
Araceli Flores, Oscar Garcia, Tania Gavia-Rosales, Danielle Jones,
Fernando Magallenes, Edgar Martinez, Gustavo Nieves, Nayeli Palacios, Andrew Paredes, Karla Rodriguez, Rosa Rojas, Miriam Salgado,
Amanda Smith, Daniel Valencia, Aurora Wilson, Nancy Ayala,
Alejandro Barraza, Noe Castro, Wendy Chavez, Tania Davila,
Rosendo De Loa, Jose Esparza, Rosalinda Espinoza, Erik Hernandez,
Martha Jara, Brandon McFarling-Davis, Xavier Ortiz, GyanCarlo Parra,
Ana Riviera, Oscar Rodriguez, Raven Ruiz, Rodrigo Sierra-Bernal,
Jonathan Blanco, Jose Chacon, Stephanie Cisneros, Benito Esparza,
Jesus Lopez-Ruiz, Giselle Lozoya, Yesenia Martinez, Carla Medina,
Nemisio Montano, Angel Ojeda, Alejandro Ortega, Nataly Riviera-Ortiz, Jose Rosales-Portill, Kenneth Spaight, Alejandra Vera, Jazmin Aragon,
Ivette Ramos, Noemy Garcia, Elizabeth Guillen, Ashley Davidson,
Jennifer Cerna, Perla Orozco, Terri Kinser, Karla Aranda, Gabriela Lara, Raymond Scarbo, Alvaro Mejia, Javier Rios, Edgar Rodarte,
Edgar Martinez-Flores, Eric Cerritos, Francisco De La Cruz,
Jhonatan Palacios, Andres Velasquez, Rodolfo Gonzalez, Alex Carrasco, Miguel Carrasco, Yaritza Carillo, Sergio Gutierrez, Rigo Hernandez,
Juán Mardueño, John Morales, Miguel Pineda, Raul Rico, Alex Rivera, Yaritza Silva, Mike Roche, Juan Ortega, Valentino Cruz, Julieta Atilano, Isabel Rosales, Graciela Rodriguez, Adriana Rivera, Ashley Plaskett, Brittany Flores, Bridgette Olivo, Dylan Hansen, Jesus Calderon,
Karen Dunas, Ignacio Mendoza, Nickole Whitworth, Gabriel Aguirre, Elizabeth Mendez, Chris Parmley, Luis Vargas, Daniel McDonald,
Marybel Castrejon, Camerina Favela, Elizabeth Bodwell, Luzceli Castillo, Jassamine Chavez, Ramon Contreras, Shamel David, Jesus Flores,
Jocelyn Jaime, Edgar Mata, Rodrigo Mendoza, Brittney Ortiz,
Anthony Pintor, Genevieve Rendon, Alexis Reynosa, Steven Roche,
Ariana Rodriguez, Perla Romero, Emmry Aguinaga, Brianda Carreon, Biridiana Cruz-Bernal, Ivan Lopez, Eduardo Guzman-Mota, Manuel Roman, Jacob Quintana, Jose De La Cruz, Robert Simmons, Ana Villazana,
Destiny Nelson, Renelle Saul, Maria Topete, Jessica Nunez, Tania Regalado, and Andrea Ramon.

On request of Assemblywoman Leslie, the privilege of the floor of the Assembly Chamber for this day was extended to Rocio Aguilar-Bravo, Andres Avilez, Cassandra Ann Bates, John Cetina, Alejandro Chable,
Efrain Delarosa, Rosa Garza, Arturo Garzon, Gloria Gaytan-Robles,
Jennifer Jones, Leonardo Martinez, Robert Miller, Jorge Alberto Monzon, Pedro Morales, Irma Munoz, Ismael Munoz, Lancia Plummer, Sandra Ruiz, Houlihan Salazar, Michael Sanchez, Sergio Ariel Sandoval, Luis Santoni, Maria Teresa Schaerer, Maria Anastasia Sefchick, Patricia Arminda Silvestre, and Hortencia Vega.

Assemblywoman Buckley moved that the Assembly adjourn until Friday, May 23, 2003, at 9:30 a.m.

Motion carried.

Assembly adjourned at 6:08 p.m.

Approved: Richard D. Perkins

Speaker of the Assembly

Attest: Jacqueline Sneddon

Chief Clerk of the Assembly