THE ONE HUNDRED AND ELEVENTH DAY

Carson City (Saturday), May 24, 2003

    Assembly called to order at 10:58 a.m.

    Mr. Speaker presiding.

    Roll called.

    All present except Assemblymen Anderson, Atkinson, and Goldwater, who were excused.

    Prayer by the Chaplain, Terry Sullivan.

    Dear Lord, this morning we ask You for a shorter day so these hardworking folks can spend a little time with family and friends this weekend. We thank You for all that has been accomplished in this Chamber these past months. We pray that the rest of the session continues to be as smooth as it has been. And finally, we ask that everyone has a good horse to ride when they get home. Thank You, Lord.

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 Concurrent Committee on Ways and Means, to which were referred
Assembly Bills Nos. 7, 464, 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 23, 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. 41, 130, 136, 150, 236, 255, 267, 287, 291, 469, 471, 475, 504, 516, 526; Assembly Joint Resolutions Nos. 5, 6, 15; Assembly Joint Resolution No. 3 of the 71st Session; Senate Bill No. 496; Senate Joint Resolution No. 10.

    Also, I have the honor to inform your honorable body that the Senate amended, and on this day passed, as amended, Assembly Bill No. 21, Amendment No. 798; Assembly Bill No. 23, Amendment No. 850; Assembly Bill No. 30, Amendment No. 698; Assembly Bill No. 48, Amendment No. 664; Assembly Bill No. 57, Amendment No. 581; Assembly Bill No. 84, Amendment No. 767; Assembly Bill No. 160, Amendment No. 660; Assembly Bill No. 163, Amendments Nos. 860, 897, 661; Assembly Bill No. 168, Amendment No. 799;
Assembly Bill No. 220, Amendment No. 801; Assembly Bill No. 223, Amendment No. 831; Assembly Bill No. 225, Amendment No. 760; Assembly Bill No. 239, Amendment No. 782; Assembly Bill No. 250, Amendment No. 741; Assembly Bill No. 293, Amendment No. 766; Assembly Bill No. 295, Amendment No. 762; Assembly Bill No. 325, Amendment No. 832; Assembly Bill No. 343, Amendment No. 710; Assembly Bill No. 355, Amendment No. 769; Assembly Bill No. 358, Amendments Nos. 852, 621; Assembly Bill No. 369, Amendment
No. 802; Assembly Bill No. 388, Amendment No. 848; Assembly Bill No. 393, Amendment
No. 759; Assembly Bill No. 394, Amendment No. 830; Assembly Bill No. 396, Amendment
No. 616; Assembly Bill No. 398, Amendment No. 857; Assembly Bill No. 401, Amendment
No. 761; Assembly Bill No. 425, Amendment No. 763; Assembly Bill No. 429, Amendment
No. 668; Assembly Bill No. 431, Amendment No. 803; Assembly Bill No. 432, Amendment
No. 764; Assembly Bill No. 444, Amendment No. 833; Assembly Bill No. 452, Amendment
No. 670; Assembly Bill No. 453, Amendment No. 711; Assembly Bill No. 459, Amendment
No. 765; Assembly Bill No. 473, Amendment No. 772; Assembly Bill No. 502, Amendment
No. 804; Assembly Bill No. 514, Amendment No. 768; Assembly Bill No. 529, Amendment
No. 828; Assembly Bill No. 536, Amendments Nos. 770, 672, 898; Assembly Bill No. 541, Amendment No. 808, 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. 132, Senate Amendment No. 663, and requests a conference, and appointed Senators Wiener, Washington, and Townsend 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 adopted Assembly Concurrent Resolution No. 28.

    Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bill No. 420.

    Also, I have the honor to inform your honorable body that the Senate on this day concurred in the Assembly Amendment No. 620 to Senate Bill No. 24; Assembly Amendment No. 602 to Senate Bill No. 94; Assembly Amendment No. 564 to Senate Bill No. 183;
Assembly Amendment No. 699 to Senate Bill No. 199; Assembly Amendment No. 563 to Senate Bill No. 204; Assembly Amendment No. 716 to Senate Bill No. 253;
Assembly Amendment No. 715 to Senate Bill No. 287; Assembly Amendment No. 626 to Senate Bill No. 297; Assembly Amendment No. 629 to Senate Bill No. 307;
Assembly Amendment No. 653 to Senate Bill No. 317; Assembly Amendment No. 720 to Senate Bill No. 327; Assembly Amendment No. 676 to Senate Bill No. 394.

    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. 732 to Senate Bill No. 59.

Mary Jo Mongelli

Assistant Secretary of the Senate

MOTIONS, RESOLUTIONS AND NOTICES

    Senate Joint Resolution No. 10.

    Assemblywoman Buckley moved that the resolution be referred to the Committee on Government Affairs.

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

    Assembly in recess at 11:05 a.m.

ASSEMBLY IN SESSION

    At 11:06 a.m.

    Mr. Speaker presiding.

    Quorum present.

    Assemblywoman Buckley withdrew the motion that the resolution be referred to the Committee on Government Affairs.

    Assemblywoman Buckley moved that the resolution be referred to the Committee on Natural Resources, Agriculture, and Mining.

    Motion carried.

INTRODUCTION, FIRST READING AND REFERENCE

    Senate Bill No. 420.

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

    Motion carried.

    Senate Bill No. 496.

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

    Motion carried.

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblyman Oceguera moved that Assembly Bills Nos. 548 and 549; Senate Bill No. 416 be taken from the General File and placed on the General File for the next legislative day.

    Motion carried.

UNFINISHED BUSINESS

Consideration of Senate Amendments

    Assembly Bill No. 324.

    The following Senate amendment was read:

    Amendment No. 723.

    Amend the bill as a whole by deleting sections 1 through 52 and the text of repealed section and adding new sections designated sections 1 through 3, following the enacting clause, to read as follows:

    “Section 1.  Notwithstanding any specific statute to the contrary:

    1.  Except as otherwise provided in this section, the Department of Motor Vehicles may adopt regulations establishing a pilot program pursuant to which motor vehicles, other than motor vehicles registered pursuant to the provisions of NRS 706.801 to 706.861, inclusive, and motor vehicles that have a declared gross weight in excess of 26,000 pounds, are registered for a period of 24 consecutive months.

    2.  In establishing a pilot program pursuant to this section, the Department of Motor Vehicles shall work in cooperation with:

    (a) The Department of Taxation and the board of county commissioners of each county in which the pilot program will be carried out concerning the assessment and collection of any taxes imposed on motor vehicles participating in the pilot program, including, without limitation, the governmental services tax imposed pursuant to chapter 371 of NRS; and

    (b) The State Environmental Commission and the local air pollution control agency for each county in which the pilot program will be carried out concerning the testing of emissions of the motor vehicles participating in the pilot program. The State Environmental Commission, in consultation with the Department of Motor Vehicles, may adopt such regulations as are necessary to provide for the testing of emissions of motor vehicles participating in the pilot program.

    3.  The Department of Motor Vehicles may adopt regulations establishing a schedule of fees, including penalties, to be assessed on motor vehicles participating in a pilot program that corresponds to the fees that would otherwise be assessed on the registration of motor vehicles pursuant to chapter 482 of NRS. The amount of any fee adopted by regulation pursuant to this subsection for the 24-consecutive-month period of registration must not exceed the amount that would be assessed pursuant to its corresponding fee for that same period if the motor vehicle was not participating in the pilot program.

    Sec. 2.  If the Department of Motor Vehicles establishes a pilot program pursuant to section 1 of this act, the Department shall conduct a study of the pilot program and submit a report of the results of the study, together with any recommended legislation, to the Director of the Legislative Counsel Bureau on or before February 1, 2007, for transmittal to the 74th Regular Session of the Legislature.

    Sec. 3.  1.  This section and section 2 of this act become effective on July 1, 2003.

    2.  Section 1 of this act becomes effective on July 1, 2003, for the purpose of adopting regulations and on July 1, 2004, for all other purposes, and expires by limitation on June 30, 2007.”

    Amend the title of the bill to read as follows:

    “AN ACT relating to motor vehicles; authorizing the Department of Motor Vehicles to establish a pilot program pursuant to which the period of registration for certain motor vehicles is expanded; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

    “SUMMARY—Authorizes Department of Motor Vehicles to establish pilot program pursuant to which period of registration for certain motor vehicles is expanded. (BDR 43‑1097)”.

    Assemblywoman Ohrenschall moved that the Assembly concur in the Senate amendment to Assembly Bill No. 324.

    Remarks by Assemblywoman Ohrenschall.

    Motion carried by a constitutional majority.

    Bill ordered to enrollment.

    Assembly Bill No. 396.

    The following Senate amendment was read:

    Amendment No. 616.

    Amend section 1, page 1, line 2, after “the” by inserting “pilot”.

    Amend section 1, page 2, line 17, after “regarding the” by inserting “pilot”.

    Amend the title of the bill to read as follows:

    “AN ACT relating to public schools; requiring the Clark County School District to continue its pilot program for the replacement of certain schools; authorizing the Clark County School District to use a certain amount of money from its Fund for Capital Projects to finance the replacement of schools designated for its pilot program; encouraging school districts throughout this state to use certain innovative designs and resources in reconstructing certain schools; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

    “SUMMARY—Requires Clark County School District to continue pilot program for replacement of certain schools. (BDR S‑1007)”.

    Assemblyman Williams moved that the Assembly concur in the Senate amendment to Assembly Bill No. 396.

    Remarks by Assemblyman Williams.

    Motion carried by a constitutional majority.

    Bill ordered to enrollment.

    Assembly Bill No. 458.

    The following Senate amendment was read:

    Amendment No. 681.

    Amend section 1, page 2, line 12, by deleting “workday.” and inserting: “workday unless by mutual agreement the mechanic or workman works a scheduled 10 hours per day for 4 calendar days within any scheduled week of work.”.

    Amend section 1, page 2, by deleting lines 17 and 18 and inserting: “bargaining agreement for work in excess of:

(a) Forty hours in any scheduled week of work; or

(b) Eight hours in any workday unless the collective bargaining agreement provides that the mechanic or workman shall work a scheduled
10 hours per day for 4 calendar days within any scheduled week of work.”.

    Assemblyman Manendo moved that the Assembly concur in the Senate amendment to Assembly Bill No. 458.

    Remarks by Assemblyman Manendo.

    Motion carried by a constitutional majority.

    Bill ordered to enrollment.

    Assembly Bill No. 390.

    The following Senate amendment was read:

    Amendment No. 680.

    Amend sec. 3, page 2, by deleting lines 26 through 28 and inserting: “a public right-of-way that abuts his property, unless he:

1.  Failed to comply with an ordinance adopted pursuant to paragraph (d) of subsection 2 of section 1 of this act; or

2.  Created a dangerous condition that caused the injury or damage.”.

    Assemblyman Manendo moved that the Assembly concur in the Senate amendment to Assembly Bill No. 390.

    Remarks by Assemblyman Manendo.

    Motion carried by a constitutional majority.

    Bill ordered to enrollment.

    Assembly Bill No. 217.

    The following Senate amendment was read:

    Amendment No. 582.

    Amend the bill as a whole by renumbering sections 2 through 41 as sections 3 through 42 and adding a new section designated sec. 2, following section 1, to read as follows:

    “Sec. 2.  NRS 284.015 is hereby amended to read as follows:

    284.015  As used in this chapter [:] , unless the context otherwise requires:

    1.  “Commission” means the Personnel Commission.

    2.  “Department” means the Department of Personnel.

    3.  “Director” means the Director of the Department.

    4.  “Disability,” includes, but is not limited to, physical disability, mental retardation and mental or emotional disorder.

    5.  “Essential functions” has the meaning ascribed to it in
29 C.F.R. § 1630.2.

6.  “Public service” means positions providing service for any office, department, board, commission, bureau, agency or institution in the Executive Department of the State Government operating by authority of the constitution or law, and supported in whole or in part by any public money, whether the money is received from the Government of the United States or any branch or agency thereof, or from private or any other sources.”.

    Assemblyman Manendo moved that the Assembly concur in the Senate amendment to Assembly Bill No. 217.

    Remarks by Assemblyman Manendo.

    Motion carried by a constitutional majority.

    Bill ordered to enrollment.

    Assembly Bill No. 60.

    The following Senate amendment was read:

    Amendment No. 656.

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

    “Section 1.  NRS 62.080 is hereby amended to read as follows:

    62.080  1.  Except as otherwise provided in subsection 2 and
NRS 62.081, if:

    (a) A child is charged with an offense that would be a felony if committed by an adult; and

    (b) The child was 14 years of age or older at the time he allegedly committed the offense, the juvenile court, upon a motion by the district attorney and after a full investigation, may retain jurisdiction or certify the child for proper criminal proceedings to any court that would have jurisdiction to try the offense if committed by an adult.

    2.  If a child:

    (a) Is charged with:

        (1) A sexual assault involving the use or threatened use of force or violence against the victim; or

        (2) An offense or attempted offense involving the use or threatened use of a firearm; and

    (b) Was 14 years of age or older at the time he allegedly committed the offense, the juvenile court, upon a motion by the district attorney and after a full investigation, shall certify the child for proper criminal proceedings to any court that would have jurisdiction to try the offense if committed by an adult, unless the court specifically finds by clear and convincing evidence that the child is developmentally or mentally incompetent to understand his situation and the proceedings of the court or to aid his attorney in those proceedings or that the child's actions were substantially the result of his substance abuse or emotional or behavioral problems and such substance abuse or problems may be appropriately treated through the jurisdiction of the juvenile court.

    3.  If a child is certified for criminal proceedings as an adult pursuant to subsection 1 or 2, the court shall also certify the child for criminal proceedings as an adult for any other related offense arising out of the same facts as the offense for which the child was certified, regardless of the nature of the related offense.

    4.  If a child has been certified for criminal proceedings as an adult pursuant to subsection 1 or 2 and his case has been transferred out of the juvenile court, original jurisdiction of his person for that case rests with the court to which the case has been transferred, and the child may petition for transfer of his case back to the juvenile court only upon a showing of exceptional circumstances. If the child’s case is transferred back to the juvenile court, the judge of that court shall determine whether the exceptional circumstances warrant accepting jurisdiction.”.

    Amend the title of the bill, first line, after “court;” by inserting: “providing an additional exception to mandatory certification of a child for criminal proceedings as an adult;”.

    Amend the summary of the bill to read as follows:

    “SUMMARY—Revises provisions pertaining to certification of child for criminal proceedings as adult. (BDR 5-280)”.

    Assemblyman Oceguera moved that the Assembly concur in the Senate amendment to Assembly Bill No. 60.

    Remarks by Assemblyman Oceguera.

    Motion carried by a constitutional majority.

    Bill ordered to enrollment.

    Assembly Bill No. 107.

    The following Senate amendment was read:

    Amendment No. 725.

    Amend section 1, page 2, by deleting lines 3 through 6 and inserting: “shall be punished by imprisonment in the state prison, except as otherwise provided in this subsection, for a term equal to and in addition to the term of imprisonment prescribed by statute for that crime. If the crime committed by the person is punishable as a category A felony or category B felony, in addition to the term of imprisonment prescribed by statute for that crime, the person shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 5 years. The sentence prescribed by this section runs concurrently or consecutively with the sentence prescribed by statute for the crime, as ordered by the court.”.

    Assemblyman Oceguera moved that the Assembly concur in the Senate amendment to Assembly Bill No. 107.

    Remarks by Assemblyman Oceguera.

    Motion carried by a constitutional majority.

    Bill ordered to enrollment.

    Assembly Bill No. 156.

    The following Senate amendment was read:

    Amendment No. 659.

    Amend sec. 9, page 5, line 35, after “inclusive,” by inserting: “and
section 23.5 of this act,”.

    Amend the bill as a whole by adding a new section designated sec. 23.5, following sec. 23, to read as follows:

    “Sec. 23.5.  Chapter 178 of NRS is hereby amended by adding thereto a new section to read as follows:

1.  A person may not provide a report or an evaluation concerning the competency of a defendant to stand trial or receive pronouncement of judgment pursuant to this section and NRS 178.400 to 178.460, inclusive, unless the person is certified by the Division of Mental Health and Developmental Services of the Department of Human Resources for that purpose.

2.  The Division of Mental Health and Developmental Services shall adopt regulations to establish:

(a) Requirements for certification of a person who provides reports and evaluations concerning the competency of a defendant pursuant to this section and NRS 178.400 to 178.460, inclusive;

(b) Reasonable fees for issuing and renewing such certificates; and

(c) Requirements for continuing education for the renewal of a certificate.

3.  The fees so collected must be used only to:

(a) Defray the cost of issuing and renewing certificates; and

(b) Pay any other expenses incurred by the Division of Mental Health and Developmental Services in carrying out its duties pursuant to this section.

4.  The Division of Mental Health and Developmental Services shall establish and administer examinations to determine the eligibility of any person who applies for certification. An applicant is entitled to certification upon satisfaction of the requirements of the Division of Mental Health and Developmental Services. The Division of Mental Health and Developmental Services may enter into a contract with another person, organization or agency to carry out or assist in carrying out the provisions of this subsection.”.

    Amend the bill as a whole by adding a new section designated sec. 24.5, following sec. 24, to read as follows:

    “Sec. 24.5.  NRS 178.415 is hereby amended to read as follows:

    178.415  1.  Except as otherwise provided in this subsection, the court shall appoint two psychiatrists, two psychologists, or one psychiatrist and one psychologist, to examine the defendant. If the defendant is accused of a misdemeanor, the court of jurisdiction shall appoint a psychiatric social worker, or other person who is especially qualified by the Division of Mental Health and Developmental Services of the Department of Human Resources, to examine the defendant.

    2.  At a hearing in open court, the judge shall receive the report of the examination and shall permit counsel for both sides to examine the person or persons appointed to examine the defendant. The prosecuting attorney and the defendant may introduce other evidence and cross-examine one another’s witnesses.

    3.  The court shall then make and enter its finding of competence or incompetence.

4.  The court shall not appoint a person to provide a report or an evaluation pursuant to this section, unless the person is certified by the Division of Mental Health and Developmental Services pursuant to section 23.5 of this act.”.

    Amend the bill as a whole by adding a new section designated sec. 25.5, following sec. 25, to read as follows:

    “Sec. 25.5.  NRS 178.455 is hereby amended to read as follows:

    178.455  1.  Except as otherwise provided for persons charged with or convicted of a misdemeanor, the Administrator of the Division of Mental Health and Developmental Services of the Department of Human Resources or his designee shall appoint a licensed psychiatrist and a licensed psychologist from the treatment team who is certified pursuant to section 23.5 of this act to evaluate the defendant. The Administrator or his designee shall also appoint a third evaluator who must be a licensed psychiatrist or psychologist , must be certified pursuant to section 23.5 of this act and must not be a member of the treatment team. Upon the completion of the evaluation and treatment of the defendant, the Administrator or his designee shall report to the court in writing his specific findings and opinion upon:

    (a) Whether the person is of sufficient mentality to understand the nature of the offense charged;

    (b) Whether the person is of sufficient mentality to aid and assist counsel in the defense of the offense charged, or to show cause why judgment should not be pronounced; and

    (c) If the person is not of sufficient mentality pursuant to paragraphs (a) and (b) to be placed upon trial or receive pronouncement of judgment, whether there is a substantial probability that he will attain competency in the foreseeable future.

    2.  A copy of the report must be:

    (a) Maintained by the Administrator of the Division of Mental Health and Developmental Services or his designee and incorporated in the medical record of the person; and

    (b) Sent to the office of the district attorney and to the counsel for the outpatient or person committed.

    3.  In the case of a person charged with or convicted of a misdemeanor, the judge shall, upon receipt of the report set forth in NRS 178.450 from the Administrator of the Division of Mental Health and Developmental Services or his designee:

    (a) Send a copy of the report by the Administrator or his designee to the prosecuting attorney and to the defendant’s counsel;

    (b) Hold a hearing, if one is requested within 10 days after the report is sent pursuant to paragraph (a), at which the attorneys may examine the Administrator or his designee or the members of the defendant’s treatment team on the determination of the report; and

    (c) Within 10 days after the hearing, if any, or 20 days after the report is sent if no hearing is requested, enter his finding of competence or incompetence in the manner set forth in subsection 4 of NRS 178.460.”.

    Amend the bill as a whole by renumbering sections 70 and 71 as sections 71 and 72 and adding a new section designated sec. 70, following sec. 69, to read as follows:

    “Sec. 70.  The Division of Mental Health and Developmental Services of the Department of Human Resources shall adopt regulations pursuant to section 23.5 of this act by not later than December 31, 2003, and shall begin administering examinations to determine eligibility for certification to provide reports and evaluations concerning the competency of a defendant pursuant to NRS 178.400 to 178.460, inclusive, by not later than March 1, 2004.”.

    Amend sec. 71, page 63, by deleting lines 13 through 27 and inserting

    “Sec. 72.  1.  This section and sections 1 to 23, inclusive, 24, 26 to 61, inclusive, 64, 65 and 68 to 71, inclusive, of this act become effective on
July 1, 2003.

    2.  Section 23.5 of this act becomes effective on July 1, 2003, for the purpose of adopting regulations and on July 1, 2004, for all other purposes.

    3.  Sections 62 and 66 of this act become effective on July 1, 2003, and expire by limitation on the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.

    4.  Sections 24.5 and 25.5 of this act become effective on July 1, 2004.

    5.  Sections 63 and 67 of this act become effective on the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.”.

    Amend the title of the bill, third line, after “insanity;” by inserting: “requiring persons who provide reports or evaluations to the court concerning the competency of a defendant to stand trial or receive pronouncement of judgment to be certified by the Division of Mental Health and Developmental Services of the Department of Human Resources; requiring the Division to adopt regulations concerning the certification of such persons;”.

    Assemblyman Oceguera moved that the Assembly concur in the Senate amendment to Assembly Bill No. 156.

    Remarks by Assemblyman Oceguera.

    Motion carried by a two-thirds constitutional majority.

    Bill ordered to enrollment.

    Assembly Bill No. 166.

    The following Senate amendment was read:

    Amendment No. 743.

    Amend section 1, page 1, line 5, after “if” by inserting: “the transfer is”.

    Amend section 1, page 2, by deleting line 10 and inserting: “structured settlement was filed; or”.

    Amend section 1, page 3, by deleting lines 10 and 11 and inserting:

    “(h) If adverse tax consequences exist, a statement which informs the payee that such a transfer may subject him to adverse tax consequences with regard to the payment of”.

    Amend section 1, page 4, line 2, after “encumbrance” by inserting: “by a payee for consideration”.

    Assemblyman Oceguera moved that the Assembly concur in the Senate amendment to Assembly Bill No. 166.

    Remarks by Assemblyman Oceguera.

    Motion carried by a constitutional majority.

    Bill ordered to enrollment.

    Assembly Bill No. 365.

    The following Senate amendment was read:

    Amendment No. 671.

    Amend sec. 62, page 25, line 14, by deleting: “of a proceeding for guardianship” and inserting: “[of a proceeding for] in a guardianship proceeding”.

    Amend sec. 62, page 25, line 23, by deleting “The attorney” and inserting:

“Subject to the discretion and approval of the court, the attorney”.

    Amend sec. 62, page 25, by deleting lines 25 and 26 and inserting: “estate of the adult ward or proposed adult ward. If the court finds that a person has”.

    Amend sec. 72, page 35, line 17, by deleting “shall” and inserting “may”.

    Amend sec. 72, page 35, by deleting lines 26 through 32 and inserting: “who is a resident of this state, if the court finds that the interests of the ward will be served appropriately by the appointment of a private fiduciary.”.

    Amend sec. 107, page 53, by deleting line 4 and inserting:

    “159.183  [A guardian shall]

1.  Subject to the discretion and approval of the court, a guardian must be allowed [reasonable] :”.

    Amend sec. 107, page 53, by deleting lines 12 through 15 and inserting:

    “2.  Reasonable compensation and services [will] must be based upon similar services performed for persons who are not under a legal disability. In determining whether compensation is reasonable, the court may consider:

(a) The nature of the guardianship;

(b) The type, duration and complexity of the services required; and

(c) Any other relevant factors.

3.  In the absence of an order of the court pursuant to this chapter shifting the responsibility of the payment of compensation and expenses, the payment of compensation and expenses must be paid from the estate of the ward. In evaluating the ability of a ward to pay such compensation and expenses, the court may consider:

(a) The nature, extent and liquidity of the ward’s assets;

(b) The disposable net income of the ward;

(c) Any foreseeable expenses; and

(d) Any other factors that are relevant to the duties of the guardian pursuant to NRS 159.079 or 159.083.”.

    Assemblyman Oceguera moved that the Assembly concur in the Senate amendment to Assembly Bill No. 365.

    Remarks by Assemblyman Oceguera.

    Motion carried by a constitutional majority.

    Bill ordered to enrollment.

    Assembly Bill No. 125.

    The following Senate amendment was read:

    Amendment No. 679.

    Amend sec. 2, page 3, by deleting line 28 and inserting: “NRS 293.1715. The list [must not] may be amended [after it is filed.] not later than 5 p.m. on the second Friday after the first Monday in May.”.

    Assemblywoman Giunchigliani moved that the Assembly concur in the Senate amendment to Assembly Bill No. 125.

    Remarks by Assemblywoman Giunchigliani.

    Motion carried by a constitutional majority.

    Bill ordered to enrollment.

    Assembly Bill No. 293.

    The following Senate amendment was read:

    Amendment No. 766.

    Amend section 1, page 2, line 36, by deleting “and”.

    Amend section 1, page 2, line 37, after “(f)” by inserting: “Shall address in the argument and rebuttal prepared pursuant to paragraphs (d) and (e):

(1) The fiscal impact of the initiative or referendum;

(2) The environmental impact of the initiative or referendum; and

(3) The impact of the initiative or referendum on the public health, safety and welfare; and

(g)”.

    Amend section 1, page 2, line 38, by deleting: “(d) and (e)” and inserting: “(d), (e) and (f)”.

    Amend sec. 5, page 7, line 2, by deleting “100,000” and inserting “[100,000] 40,000”.

    Amend sec. 5, page 7, by deleting lines 4 through 7 and inserting: “ballot by [the] :

(a) The board or county clerk, including, without limitation, pursuant to NRS 293.482, 295.115 or 295.160 [,] ;

(b) The governing body of a school district, public library or water”.

    Amend sec. 5, page 7, line 9, by deleting “county,” and inserting: “county; or

(c) A metropolitan police committee on fiscal affairs authorized by law to submit questions to some or all of the qualified electors or registered voters of the county,”.

    Amend sec. 5, page 8, line 9, by deleting “100,000” and inserting “[100,000] 40,000”.

    Amend sec. 5, page 8, line 23, by deleting “and” and inserting “[and]”.

    Amend sec. 5, page 8, line 24, after “(f)” by inserting: “Shall address in the argument and rebuttal prepared pursuant to paragraphs (d) and (e):

(1) The fiscal impact of the initiative, referendum or other question;

(2) The environmental impact of the initiative, referendum or other question; and

(3) The impact of the initiative, referendum or other question on the public health, safety and welfare; and

(g)”.

    Amend sec. 5, page 8, line 25, by deleting “and (e)” and inserting: “, (e) and [(e)] (f)”.

    Amend sec. 5, page 8, line 28, by deleting “100,000” and inserting “[100,000] 40,000”.

    Amend sec. 5, page 9, line 14, by deleting “100,000:” and inserting “[100,000:] 40,000:”.

    Amend sec. 6, page 9, line 29, by deleting “60,000” and inserting “[60,000] 10,000”.

    Amend sec. 6, page 10, line 34, by deleting “60,000” and inserting “[60,000] 10,000”.

    Amend sec. 6, page 11, line 4, by deleting “and” and inserting “[and]”.

    Amend sec. 6, page 11, line 5, after “(f)” by inserting: “Shall address in the argument and rebuttal prepared pursuant to paragraphs (d) and (e):

(1) The fiscal impact of the initiative, referendum or other question;

(2) The environmental impact of the initiative, referendum or other question; and

(3) The impact of the initiative, referendum or other question on the public health, safety and welfare; and

(g)”.

    Amend sec. 6, page 11, line 6, by deleting “and (e)” and inserting: “, (e) and [(e)] (f)”.

    Amend sec. 6, page 11, line 8, by deleting “60,000” and inserting “[60,000] 10,000”.

    Amend sec. 6, page 11, line 37, by deleting “60,000:” and inserting “[60,000:] 10,000:”.

    Amend the title of the bill, third line, after “questions;” by inserting: “revising the population used to determine whether a board of county commissioners or city council is required to appoint committees to prepare arguments and rebuttals for certain ballot questions voted upon in the county or city;”.

    Assemblywoman Giunchigliani moved that the Assembly concur in the Senate amendment to Assembly Bill No. 293.

    Remarks by Assemblywoman Giunchigliani.

    Motion carried by a constitutional majority.

    Bill ordered to enrollment.

    Assembly Bill No. 528.

    The following Senate amendment was read:

    Amendment No. 827.

    Amend sec. 20, page 16, by deleting lines 35 through 37 and inserting: “for his office or a candidate for such an office must not exceed a total of $100 if the public officer or candidate received no contributions and made no expenditures during the relevant reporting periods.”.

    Amend the bill as a whole by renumbering sec. 22 as sec. 23 and adding a new section designated sec. 22, following sec. 21, to read as follows:

    “Sec. 22.  Section 11 of Assembly Bill No. 233 of this session is hereby amended to read as follows:

    Sec. 11.  NRS 293C.370 is hereby amended to read as follows:

    293C.370  Except as otherwise provided in section 3 of this act:

    1.  Whenever a candidate whose name appears upon the ballot at a primary city election dies after 5 p.m. of the first Tuesday after the first Monday in March, his name must remain on the ballot and the votes cast for the deceased candidate must be counted in determining the nomination for the office for which the decedent was a candidate.

    2.  If the deceased candidate on the ballot at the primary city election receives the number of votes required to receive the nomination to the office for which he was a candidate, the nomination is filled as provided in subsection 2 of NRS 293C.190.

    3.  Whenever a candidate whose name appears upon the ballot at a general city election dies after 5 p.m. of the second Tuesday after the second Monday in April, the votes cast for the deceased candidate must be counted in determining the results of the election for the office for which the decedent was a candidate.

    4.  If the deceased candidate on the ballot at the general election receives the majority of the votes cast for the office, he shall be deemed elected and the office to which he was elected shall be deemed vacant at the beginning of the term for which he was elected. The vacancy created must be filled in the same manner as if the candidate had died after taking office for that term.”.

    Amend the title of the bill, pages 1 and 2, by deleting the twenty-third line on page 1 and the first and second lines on page 2, and inserting: “filing late campaign reports against certain public officers or candidates for public office; and providing other matters properly”.

    Assemblywoman Giunchigliani moved that the Assembly concur in the Senate amendment to Assembly Bill No. 528.

    Remarks by Assemblywoman Giunchigliani.

    Motion carried by a constitutional majority.

    Bill ordered to enrollment.

    Assembly Bill No. 529.

    The following Senate amendment was read:

    Amendment No. 828.

    Amend section 1, page 1, by deleting line 2 and inserting: “adding thereto a new section to read as follows:

1.  The Secretary of State shall design a single form to be used for all reports of campaign contributions and expenses or expenditures that are required to be filed pursuant to NRS 294A.120, 294A.125, 294A.140, 294A.150, 294A.200, 294A.210, 294A.220, 294A.270, 294A.280, 294A.360 and 294A.362. Upon request, the Secretary of State shall provide a copy of the form to each person, committee, political party and group that is required to file such reports.

2.  The form designed pursuant to subsection 1 must include a space for each person, committee, political party or group completing the form to list:

(a) The amount of cash on hand at the beginning of the reporting period;

(b) The amount of cash on hand at the beginning of the reporting year;

(c) The amount of cash on hand at the end of the reporting period;

(d) The amount of cash on hand at the end of the reporting year;

(e) A summary of the contributions received and the expenses or expenditures made by the person, committee, political party or group during only the current reporting period;

(f) A summary of the contributions received and the expenses or expenditures made by the person, committee, political party or group during the reporting year, including the current and each previous reporting period during the reporting year;

(g) Each campaign contribution in excess of $100 as it is received by the person, committee, political party or group during the reporting period and each contribution from a contributor which cumulatively exceeds $100 as it is received by the person, committee, political party or group during the reporting period; and

(h) Each campaign expense or expenditure in excess of $100 as it is made by the person, committee, political party or group during the reporting period.”.

    Amend the bill as a whole by deleting sections 2 and 3 and adding:

    “Secs. 2 and 3.  (Deleted by amendment.)”.

    Amend sec. 4, page 10, by deleting lines 28 through 30 and inserting: “must be completed on [forms] the form designed and provided by the Secretary of State pursuant to section 1 of this [section and NRS 294A.362.] act. Each form must be”.

    Amend sec. 4, page 11, by deleting lines 1 and 2 and inserting: “must be completed on the form designed and provided by the Secretary of State pursuant to section 1 of this act. Each form must be signed by the”.

    Amend sec. 4, page 11, by deleting lines 16 through 18 and inserting: “must be completed on [forms] the form designed and provided by the Secretary of State pursuant to section 1 of this [section and NRS 294A.362.] act. Each form must be”.

    Amend sec. 4, page 11, by deleting lines 23 through 25 and inserting: “that he receives on [forms] the form designed and provided by the Secretary of State pursuant to section 1 of this [section and NRS 294A.362,] act, and signed by the”.

    Amend sec. 4, page 11, by deleting lines 35 through 40 and inserting: “the officer with whom the candidate filed the declaration of candidacy or acceptance of candidacy. A candidate may mail or transmit the report to that officer by regular mail, certified”.

    Amend sec. 4, pages 11 and 12, by deleting lines 44 and 45 on page 11 and lines 1 through 14 on page 12, and inserting:

“  5.] to be filed with the officer:

(a) On the date that it was mailed if it was sent by certified mail; or

(b) On the date that it was received by the officer if the report was sent by regular mail, transmitted by facsimile machine or electronic means, or delivered personally.

7.  Every county clerk who receives from candidates for legislative or judicial office, except the office of justice of the peace or municipal judge, reports of campaign contributions pursuant to [subsection 4] this section shall file a copy of each report with the Secretary of State within 10 working days after he receives the report.

[6.] 8.  The name and address of the contributor and the date on”.

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

    “Sec. 4.5.  NRS 294A.125 is hereby amended to read as follows:

    294A.125  1.  In addition to complying with the requirements set forth in NRS 294A.120, 294A.200 and 294A.360, a candidate who receives contributions in any year before the year in which the general election or general city election in which the candidate intends to seek election to public office is held, shall, for:

    (a) The year in which he receives contributions in excess of $10,000, list each of the contributions that he receives and the expenditures in excess of $100 made in that year.

    (b) Each year after the year in which he received contributions in excess of $10,000, until the year of the general election or general city election in which the candidate intends to seek election to public office is held, list each of the contributions that he received and the expenditures in excess of $100 made in that year.

    2.  The reports required by subsection 1 must be submitted on [forms] the form designed and provided by the Secretary of State pursuant to [this section and NRS 294A.362.] section 1 of this act. Each form must be signed by the candidate under penalty of perjury.

    3.  The name and address of the contributor and the date on which the contribution was received must be included on the list for each contribution in excess of $100 and contributions that a contributor has made cumulatively in excess of that amount.

    4.  [The forms designed and provided by the Secretary of State for the reporting of contributions and expenditures pursuant to this section must be designed to be used by a candidate to record in the form of a list each campaign contribution as he receives it and each expenditure as it is made.

5.] The report must be filed:

    (a) With the officer with whom the candidate will file the declaration of candidacy or acceptance of candidacy for the public office the candidate intends to seek. A candidate may mail or transmit the report to that officer by regular mail, certified mail [. If certified mail is used, the date of mailing] , facsimile machine or electronic means. A report shall be deemed [the date of filing.] to be filed with the officer:

(1) On the date it was mailed if it was sent by certified mail.

(2) On the date it was received by the officer if the report was sent by regular mail, transmitted by facsimile machine or electronic means, or delivered personally.

    (b) On or before January 15 of the year immediately after the year for which the report is made.

[6.] 5.  A county clerk who receives from a candidate for legislative or judicial office, except the office of justice of the peace or municipal judge, a report of contributions and expenditures pursuant to subsection 5 shall file a copy of the report with the Secretary of State within 10 working days after he receives the report.”.

    Amend sec. 5, page 13, by deleting lines 29 through 31 and inserting: “must be completed on the form designed and provided by the Secretary of State [and shall sign the report] pursuant to section 1 of this act. The form must be signed by the person or a”.

    Amend sec. 5, page 14, by deleting lines 23 and 24 and inserting: “must be completed on the form designed and provided by the Secretary of State pursuant to section 1 of this act. The form must be signed by the”.

    Amend sec. 5, page 14, by deleting lines 41 and 42 and inserting: “must be completed on the form designed and provided by the Secretary of State pursuant to section 1 of this act. The form must be signed by the”.

    Amend sec. 5, page 15, by deleting lines 8 and 9 and inserting: “exceed $100. The report must be completed on the form designed and provided by the Secretary of State pursuant to section 1 of this act and signed by”.

    Amend sec. 5, page 15, by deleting line 23 and inserting: “clerk of that county;”.

    Amend sec. 5, page 15, by deleting line 25 and inserting: “that city; or”.

    Amend sec. 5, page 15, by deleting line 29 and inserting: “officer by regular”.

    Amend sec. 5, page 15, by deleting lines 33 through 45 and inserting: “               4.] to be filed with the officer:

(a) On the date that it was mailed if it was sent by certified mail; or

(b) On the date that it was received by the officer if the report was sent by regular mail, transmitted by facsimile machine or electronic means, or delivered personally.

9.  Each county clerk or city clerk who receives a report pursuant to [subsection 3] this section shall file a copy of the report with the Secretary of State within 10 working days after he receives the report.”.

    Amend sec. 6, page 16, by deleting lines 16 and 17 and inserting: “$100. The report must be completed on the form designed and provided by the Secretary of State pursuant to section 1 of this act. The form must”.

    Amend sec. 6, page 17, by deleting lines 15 and 16 and inserting: “must be completed on the form designed and provided by the Secretary of State pursuant to section 1 of this act and”.

    Amend sec. 6, page 18, by deleting lines 15 and 16 and inserting: “must be completed on the form designed and provided by the Secretary of State pursuant to section 1 of this act. The form must be signed by the”.

    Amend sec. 6, page 18, by deleting lines 30 and 31 and inserting: “must be completed on the form designed and provided by the Secretary of State pursuant to section 1 of this act. The form must be signed by the”.

    Amend sec. 6, page 18, by deleting lines 37 and 38 and inserting: “contributions received on the form designed and provided by the Secretary of State pursuant to section 1 of this act and signed by the person or a”.

    Amend sec. 6, page 19, by deleting line 6 and inserting: “county clerk of that county;”.

    Amend sec. 6, page 19, by deleting line 8 and inserting: “clerk of that city; or”.

    Amend sec. 6, page 19, line 11, after “8.” by inserting: “A person may mail or transmit his report to the appropriate officer by regular mail, certified mail, facsimile machine or electronic means. A report shall be deemed to be filed with the officer:

(a) On the date that it was mailed if it was sent by certified mail; or

(b) On the date that it was received by the officer if the report was sent by regular mail, transmitted by facsimile machine or electronic means, or delivered personally.

9.”.

    Amend sec. 6, page 19, by deleting lines 15 through 28 and inserting: “[4.] 10.  Each county clerk or city clerk who receives a report pursuant to [subsection 3] this section shall file a copy of the report with the Secretary of State within 10 working days after he receives the report.”.

    Amend sec. 8, page 21, by deleting lines 18 and 19 and inserting: “NRS 294A.160 during the period on the form designed and provided by the Secretary of State pursuant to section 1 of this act. The form must be signed”.

    Amend sec. 8, page 22, by deleting lines 5 through 7 and inserting: “incurs during the period on [forms] the form designed and provided by the Secretary of State pursuant to section 1 of this [section and NRS 294A.362.] act. Each form must”.

    Amend sec. 8, page 22, by deleting lines 21 and 22 and inserting: “incurs during the period on the form designed and provided by the Secretary of State pursuant to section 1 of this act. The form must be signed by the”.

    Amend sec. 8, page 22, by deleting lines 34 through 36 and inserting: “incurs during the period on [forms] the form designed and provided by the Secretary of State pursuant to section 1 of this [section and NRS 294A.362.] act. Each form must”.

    Amend sec. 8, page 22, by deleting lines 41 through 43 and inserting: “expenses in excess of $100 that he incurs on [forms] the form designed and provided by the Secretary of State pursuant to section 1 of this [section and NRS 294A.362] act”.

    Amend sec. 8, page 23, by deleting lines 10 through 23 and inserting: “officer with whom the candidate filed the declaration of candidacy or acceptance of candidacy. A candidate may mail or transmit the report to that officer by regular mail, certified mail [. If certified mail is used, the date of mailing] , facsimile machine or electronic means. A report shall be deemed [the date of filing.

5.] to be filed with the officer:

(a) On the date that it was mailed if it was sent by certified mail; or

(b) On the date that it was received by the officer if the report was sent by regular mail, transmitted by facsimile machine or electronic means, or delivered personally.

7.  County clerks who receive from candidates for legislative or judicial office, except the office of justice of the peace or municipal judge, reports of campaign expenses pursuant to [subsection 4] this section shall file a copy of each report with the Secretary of State within 10 working days after he receives the report.

[6.  The forms designed and provided by the Secretary of State”.

    Amend sec. 8, page 23, by deleting lines 26 through 36 and inserting: “each campaign expense as he incurs it.]”.

    Amend sec. 9, page 24, by deleting lines 8 and 9 and inserting: “in excess of $100 on the form designed and provided by the Secretary of State pursuant to section 1 of this act. The form must be signed by the”.

    Amend sec. 9, pages 24 and 25, by deleting lines 44 and 45 on page 24 and line 1 on page 25, and inserting: “in the group of candidates in excess of $100 on [forms] the form designed and provided by the Secretary of State [and] pursuant to section 1 of this act. The form must be signed by”.

    Amend sec. 9, page 25, by deleting lines 26 and 27 and inserting: “candidates in excess of $100 on the form designed and provided by the Secretary of State pursuant to section 1 of this act. The form must be signed by”.

    Amend sec. 9, page 25, by deleting lines 43 and 44 and inserting: “candidates in excess of $100 on the form designed and provided by the Secretary of State pursuant to section 1 of this act. The form must be signed by”.

    Amend sec. 9, page 26, by deleting lines 9 and 10 and inserting: “excess of $100 on the form designed and provided by the Secretary of State pursuant to section 1 of this act and signed by the person or a”.

    Amend sec. 9, page 26, by deleting line 31 and inserting: “clerk of that county;”.

    Amend sec. 9, page 26, by deleting line 33 and inserting: “that city; or”.

    Amend sec. 9, pages 26 and 27, by deleting lines 39 through 44 on page 26 and lines 1 through 3 on page 27, and inserting: “mail or transmit his report to the appropriate officer by regular mail, certified mail [. If certified mail is used, the date of mailing] , facsimile machine or electronic means. A report shall be deemed [the date of filing.

4.] to be filed with the officer:

(a) On the date that it was mailed if it was sent by certified mail; or

(b) On the date that it was received by the officer if the report was sent by regular mail, transmitted by facsimile machine or electronic means, or delivered personally.

9.  Each county clerk or city clerk who receives a report pursuant to [subsection 3] this section shall file a copy of the report with the Secretary of State within 10 working days after he receives the report.

[5.  The forms designed and provided by the Secretary of State”.

    Amend sec. 9, page 27, by deleting lines 6 through 16 and inserting: “record in the form of a list each expenditure as it is made.]”.

    Amend sec. 10, page 27, by deleting lines 32 and 33 and inserting: “on the form designed and provided by the Secretary of State pursuant to section 1 of this act. The form must be signed by the person or a representative”.

    Amend sec. 10, page 28, by deleting lines 29 and 30 and inserting: “on the form designed and provided by the Secretary of State pursuant to section 1 of this act and signed by the”.

    Amend sec. 10, page 29, by deleting lines 16 and 17 and inserting: “group of questions on the ballot in excess of $100 on the form designed and provided by the Secretary of State pursuant to section 1 of this act. The”.

    Amend sec. 10, page 29, by deleting lines 31 and 32 and inserting: “group of questions on the ballot in excess of $100 on the form designed and provided by the Secretary of State pursuant to section 1 of this act. The”.

    Amend sec. 10, page 29, by deleting lines 41 and 42 and inserting: “ballot in excess of $100 on the form designed and provided by the Secretary of State pursuant to section 1 of this act and signed by the person or a”.

    Amend sec. 10, page 30, by deleting line 20 and inserting: “county clerk of that county;”.

    Amend sec. 10, page 30, by deleting line 22 and inserting: “clerk of that city; or”.

    Amend sec. 10, page 30, by deleting lines 28 through 36 and inserting: “mail or transmit his report to the appropriate filing officer by regular mail, certified mail [. If certified mail is used, the date of mailing] , facsimile machine or electronic means. A report shall be deemed [the date of filing.

4.] to be filed with the filing officer:

(a) On the date that it was mailed if it was sent by certified mail; or

(b) On the date that it was received by the filing officer if the report was sent by regular mail, transmitted by facsimile machine or electronic means, or delivered personally.

9.  Each county clerk or city clerk who receives a report pursuant to [subsection 3] this section shall file a copy of the report with the Secretary of State within 10 working days after he receives the report.

[5.  The form designed and provided by the Secretary of State”.

    Amend sec. 10, pages 30 and 31, by deleting lines 39 through 44 on
page 30 and lines 1 and 2 on page 31, and inserting:

“record in the form of a list each expenditure as it is made.]”.

    Amend sec. 11, page 31, by deleting lines 13 and 14 and inserting: “excess of $100 on [a] the form designed and provided by the Secretary of State [and] pursuant to section 1 of this act. The form”.

    Amend sec. 12, page 32, by deleting lines 16 and 17 and inserting: “$100 on [a] the form designed and provided by the Secretary of State [and] pursuant to section 1 of this act. The form must be signed”.

    Amend sec. 14, page 34, line 44, by deleting “[294A.125 and” and inserting “294A.125 [and”.

    Amend sec. 14, page 35, line 1, after “appropriate,]” by inserting “,”.

    Amend sec. 14, page 35, line 3, by deleting “[294A.125,]” and inserting “294A.125,”.

    Amend sec. 14, page 35, by deleting lines 4 and 5 and inserting: “shall [file a separate form relating only to] report on the form designed and provided by the Secretary of State pursuant to section 1 of this act goods”.

    Amend sec. 14, page 35, by deleting line 8 and inserting: “campaign contribution in excess of $100 that he receives during the reporting period, each such campaign contribution from a contributor received during the reporting period which cumulatively exceeds $100, and each such expense in excess of”.

    Amend sec. 14, page 35, by deleting line 33 and inserting: “designed and provided by the Secretary of State pursuant to section 1 of this act.”.

    Amend sec. 15, page 35, line 39, by deleting “[294A.125 and]” and inserting “294A.125 and”.

    Amend the bill as a whole by deleting sec. 16 and adding:

    “Sec. 16.  (Deleted by amendment.)”.

    Amend the bill as a whole by deleting sec. 21 and adding a new section designated sec. 21, following sec. 20, to read as follows:

    “Sec. 21.  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;

    (c) For the withdrawal of a request for an opinion by the person who filed the request; and

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

    2.  Prescribe, by regulation, forms for the submission of statements of financial disclosure and procedures for the submission of statements of financial disclosure filed pursuant to section 19 of this act and forms and procedures for the submission of 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.  Cause the making of such investigations as are reasonable and necessary for the rendition of its opinions pursuant to this chapter.

    4.  [Inform] Except as otherwise provided in section 19 of this act, inform the Attorney General or district attorney of all cases of noncompliance with the requirements of this chapter.

    5.  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.  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. 22, page 41, by deleting lines 30 and 31, and inserting: “Commission pursuant to section 19 of this act or the Secretary of State pursuant to NRS 281.561.”.

    Amend sec. 23, pages 41 and 42, by deleting lines 44 and 45 on page 41 and line 1 on page 45, and inserting:

“question,] that office, he shall file with the [Commission, and with the officer with whom declarations of candidacy for the office in question are filed,] Secretary of State a statement of”.

    Amend sec. 23, page 42, by deleting lines 4 and 5 and inserting: “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 [.”.

    Amend sec. 23, page 42, by deleting lines 9 through 11 and inserting:

    “(c) Every public officer, whether appointed or elected,] ; and”.

    Amend sec. 23, page 43, by deleting lines 2 through 6 and inserting: “section must be filed on the form prescribed by the Commission pursuant to NRS 281.471.

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

    Amend sec. 24, page 43, by deleting line 11 and inserting: “the Commission [,] or Secretary of State [, county clerk and city clerk] for 6”.

    Amend the bill as a whole by deleting sec. 25 and adding:

    “Sec. 25.  (Deleted by amendment.)”.

    Amend sec. 27, page 44, line 29, by deleting “294A.125,”.

    Amend the bill as a whole by adding a new section designated sec. 28.5 following sec. 28, to read as follows:

    “Sec. 28.5.  A financial disclosure statement filed with a county clerk or city clerk before January 1, 2004, must be retained by the county clerk or city clerk for 6 years after the date of filing.”.

    Amend the text of repealed sections by deleting the text of NRS 294A.125.

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

    “AN ACT relating to elections; revising the requirements for the form used for reporting campaign contributions and expenditures; eliminating the requirement to report campaign expenses and expenditures that have been contracted for but not paid during a reporting period; eliminating the requirement to report campaign contributions of $100 or less under certain circumstances; revising the dates for filing”.

    Assemblywoman Giunchigliani moved that the Assembly do not concur in the Senate amendment to Assembly Bill No. 529.

    Remarks by Assemblywoman Giunchigliani.

    Motion carried.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 541.

    The following Senate amendment was read:

    Amendment No. 808.

    Amend the bill as a whole by adding new sections designated sections 2.3 and 2.7, following sec. 2, to read as follows:

    “Sec. 2.3.  NRS 293.263 is hereby amended to read as follows:

    293.263  On the primary ballots for a major political party the name of the major political party must appear at the top of the ballot. [Following] Except as otherwise provided in section 1 of this act, following this designation must appear the names of candidates grouped alphabetically under the title and length of term of the partisan office for which those candidates filed.

    Sec. 2.7.  NRS 293.265 is hereby amended to read as follows:

    293.265  On nonpartisan primary ballots there must appear at the top of the ballot the designation “Candidates for nonpartisan offices.” [Following] Except as otherwise provided in section 1 of this act, following this designation must appear the names of candidates grouped alphabetically under the title and length of term of the nonpartisan office for which those candidates filed.”.

    Amend sec. 3, page 5, line 35, by deleting “Names” and inserting: “[Names] Except as otherwise provided in section 1 of this act, names”.

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

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

    Amend sec. 5, page 7, line 41, by deleting “Saturday” and inserting “Sunday”.

    Amend sec. 5, page 8, line 1, by deleting “Saturday” and inserting “Sunday”.

    Amend sec. 6, page 8, lines 29 and 30, by deleting “Saturday” and inserting “Sunday”.

    Amend sec. 8, page 10, line 45, by deleting “Saturday” and inserting “Sunday”.

    Amend sec. 9, page 11, lines 28 and 32, by deleting “Saturday” and inserting “Sunday”.

    Amend sec. 10, page 13, line 20, by deleting “Saturday” and inserting “Sunday”.

    Amend the bill as a whole by deleting sec. 13 and adding new sections designated sections 12.5 and 13, following sec. 12, to read as follows:

    “Sec. 12.5.  NRS 293C.257 is hereby amended to read as follows:

    293C.257  For a primary city election there must appear at the top of each ballot the designation “Candidates for city offices.” [Following] Except as otherwise provided in section 1 of this act, following this designation must appear the names of candidates grouped alphabetically under the title and length of term of the office for which those candidates filed.

    Sec. 13.  NRS 293C.260 is hereby amended to read as follows:

    293C.260  1.  Except as otherwise provided in NRS 293C.140, ballots for a general city election must contain the names of candidates who were nominated at the primary city election.

    2.  [The] Except as otherwise provided in section 1 of this act, the names of candidates must be grouped alphabetically under the title and length of term of the office for which those candidates filed.”.

    Amend sec. 14, page 18, line 33, by deleting “Saturday” and inserting “Sunday”.

    Amend the title of the bill by deleting the fifth through seventh lines and inserting: “order; extending the”.

    Assemblywoman Giunchigliani moved that the Assembly concur in the Senate amendment to Assembly Bill No. 541.

    Remarks by Assemblywoman Giunchigliani.

    Motion carried by a constitutional majority.

    Bill ordered to enrollment.

    Assembly Bill No. 160.

    The following Senate amendment was read:

    Amendment No. 660.

    Amend section 1, pages 1 and 2, by deleting lines 2 through 5 on page 1 and lines 1 through 15 on page 2, and inserting: “thereto the provisions set forth as sections 2 and 3 of this act.”.

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

    “Sec. 2.  1.  If a court issues an extended order which includes an order for the support of a minor child, the court shall order the adverse party to assign to the party who obtained the extended order that portion of the income of the adverse party which is due or to become due and is sufficient to pay the amount ordered by the court for the support, unless the court finds good cause for the postponement of the assignment. A finding of good cause must be based upon a written finding by the court that the immediate assignment of income would not be in the best interests of the child.

2.  An assignment of income ordered pursuant to subsection 1 is subject to the provisions of chapters 31A and 125B of NRS.

3.  The Welfare Division of the Department of Human Resources, in consultation with the Office of Court Administrator and other interested governmental entities, shall develop procedures and forms to allow a person to whom an assignment is ordered to be made to enforce the assignment in an expeditious and safe manner.

    Sec. 3.  1.  If the current address where the adverse party resides is unknown and the law enforcement agency has made at least two attempts to personally serve the adverse party at his current place of employment, the law enforcement agency or a person designated by the law enforcement agency may serve the adverse party by:

(a) Delivering a copy of the application for an extended order, the notice of hearing thereon and a copy of the temporary order to the current place of employment of the adverse party; and

(b) Thereafter, mailing a copy of the application for an extended order, the notice of hearing thereon and a copy of the temporary order to the adverse party at his current place of employment.

2.  Delivery pursuant to paragraph (a) of subsection 1 must be made by leaving a copy of the documents specified at the current place of employment of the adverse party with the manager of the department of human resources or another similar person. Such a person shall:

(a) Accept service of the documents and make a reasonable effort to deliver the documents to the adverse party;

(b) Identify another appropriate person who will accept service of the documents and who shall make a reasonable effort to deliver the documents to the adverse party; or

(c) Contact the adverse party and arrange for the adverse party to be present at the place of employment to accept service of the documents personally.

3.  After delivering the documents to the place of employment of the adverse party, a copy of the documents must be mailed to the adverse party by first-class mail to the place of employment of the adverse party in care of the employer.

4.  The adverse party shall be deemed to have been served 10 days after the date on which the documents are mailed to the adverse party.

5.  Upon completion of service pursuant to this section, the law enforcement agency or the person designated by the law enforcement agency who served the adverse party in the manner set forth in this section shall file with or mail to the clerk of the court proof of service in this manner.

6.  An employer is immune from civil liability for any act or omission with respect to accepting service of documents, delivering documents to the adverse party or contacting the adverse party and arranging for the adverse party to accept service of the documents personally pursuant to this section, if the employer acts in good faith with respect to accepting service of documents, delivering documents to the adverse party or contacting the adverse party and arranging for the adverse party to accept service of the documents personally.”.

    Amend sec. 2, page 2, line 18, by deleting “section 1” and inserting: “sections 2 and 3”.

    Amend the bill as a whole by renumbering sections 3 through 15 as sections 6 through 18 and adding a new section designated sec. 5, following sec. 2, to read as follows:

    “Sec. 5.  NRS 33.060 is hereby amended to read as follows:

    33.060  1.  The court shall transmit, by the end of the next business day after the order is issued, a copy of the temporary or extended order to the appropriate law enforcement agency which has jurisdiction over the residence, school, child care facility or other provider of child care, or place of employment of the applicant or the minor child.

    2.  The court shall order the appropriate law enforcement agency to serve, without charge, the adverse party personally with the temporary order and to file with or mail to the clerk of the court proof of service by the end of the next business day after service is made. Service of an application for an extended order and the notice of hearing thereon must be served upon the adverse party [pursuant] :

(a) Pursuant to the Nevada Rules of Civil Procedure [.] ; or

(b) In the manner provided in section 3 of this act.

    3.  A law enforcement agency shall enforce a temporary or extended order without regard to the county in which the order was issued.

    4.  The clerk of the court shall issue, without fee, a copy of the temporary or extended order to the applicant and the adverse party.”.

    Amend sec. 4, page 2, line 40, by deleting: “5 to 13,” and inserting: “8 to 16,”.

    Amend sec. 5, page 2, line 42, by deleting: “5 to 13,” and inserting: “8 to 16,”.

    Amend sec. 5, page 2, line 43, by deleting: “6 to 9,” and inserting: “9 to 12,”.

    Amend sec. 11, page 3, line 29, by deleting “13” and inserting “16”.

    Amend sec. 11, page 3, line 33, by deleting “10” and inserting “13”.

    Amend sec. 12, page 3, line 34, by deleting “11” and inserting “14”.

    Amend sec. 13, page 3, line 42, by deleting “11” and inserting “14”.

    Amend sec. 14, page 4, lines 17, 21 and 27, by deleting “1” and inserting “2”.

    Amend sec. 15, page 5, line 19, by deleting “1” and inserting “2”.

    Amend the title of the bill, fourth line, after “circumstances;” by inserting: “providing an additional manner of service of certain documents upon the adverse party under certain circumstances;”.

    Assemblywoman Buckley moved that the Assembly concur in the Senate amendment to Assembly Bill No. 160.

    Remarks by Assemblywoman Buckley.

    Motion carried by a constitutional majority.

    Bill ordered to enrollment.

    Assembly Bill No. 212.

    The following Senate amendment was read:

    Amendment No. 604.

    Amend section 1, page 2, between lines 22 and 23, by inserting:

    “4.  If a purchaser specified in subsection 1 commences an action specified in subsection 3 against a person who is licensed pursuant to this chapter, the purchaser must serve a copy of the complaint upon the Administrator within 30 days after the action is commenced.”.

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

    “Sec. 3.  The provisions of subsection 4 of NRS 489.4971, as enacted by section 1 of this act, do not apply to an action that is commenced before the effective date of this act.”.

    Amend the title of the bill to read as follows:

    “AN ACT relating to manufactured housing; revising certain fees that fund the Account for Education and Recovery Relating to Manufactured Housing; requiring purchasers who commence an action that may result in payment from the Account to serve a copy of the complaint upon the Administrator of the Manufactured Housing Division of the Department of Business and Industry; prohibiting certain licensees from recovering damages from the Account under certain circumstances; and providing other matters properly relating thereto.”.

    Assemblywoman Buckley moved that the Assembly concur in the Senate amendment to Assembly Bill No. 212.

    Remarks by Assemblywoman Buckley.

    Motion carried by a two-thirds constitutional majority.

    Bill ordered to enrollment.

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

    Assembly in recess at 11:37 a.m.

ASSEMBLY IN SESSION

    At 11:40 a.m.

    Mr. Speaker presiding.

    Quorum present.

    Assembly Bill No. 230.

    The following Senate amendment was read:

    Amendment No. 608.

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

    “Section 1.  Chapter 461A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

    Sec. 2.  “Corporate cooperative park” has the meaning ascribed to it in NRS 118B.0117.

    Sec. 3.  1.  The board of directors of a mobile home park owned or leased by a nonprofit organization must consist of a number of members such that one-third of the members of the board are elected by the residents of the park, one-third of the members of the board are appointed by the governing body of the local government with jurisdiction over the location of the park and one-third of the members of the board are appointed by the nonprofit organization owning or leasing the park.

2.  The provisions of this section do not apply to a corporate cooperative park.

    Sec. 4.  NRS 461A.010 is hereby amended to read as follows:

    461A.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 461A.020 to 461A.065, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.

    Sec. 5.  NRS 461A.230 is hereby amended to read as follows:

    461A.230  1.  Each mobile home park constructed after July 1, 1981, but before October 1, 1989, must provide direct electrical and gas service from a utility or an alternative seller to each lot if those services are available.

    2.  Each mobile home park constructed after October 1, 1989, must provide direct:

    (a) Electrical and gas service from a public utility or an alternative seller, or a city, county or other governmental entity which provides electrical or gas service, to each lot if those services are available.

    (b) Water service from a public utility or a city, county or other governmental entity which provides water service, the provisions of
NRS 704.230 notwithstanding, to the park if that service is available.

    3.  [In] Except as otherwise provided in subsection 4, in a county whose population is 400,000 or more, each mobile home park constructed after October 1, 1995, must provide direct water service, as provided in paragraph (b) of subsection 2, that is connected to individual meters for each lot. The individual meters must be installed in compliance with any uniform design and construction standards adopted by the public utility or city, county or other governmental entity which provides water service in the county.

    4.  The provisions of subsection 3:

(a) Do not apply to a mobile home park constructed after October 1, 1995, if the mobile home park is operated by:

(1) A public housing authority; or

(2) A nonprofit corporation. As used in this subparagraph, “nonprofit corporation” does not include a corporate cooperative park.

(b) Do not prohibit a mobile home park constructed on or before
October 1, 1995, from expanding the number of lots in the mobile home park if the expansion can be accommodated under the capacity, as it existed on October 1, 1995, of the service connection to the master meter for the mobile home park.

5.  As used in this section, “alternative seller” has the meaning ascribed to it in NRS 704.994.

    Sec. 6.  This act becomes effective on July 1, 2003.”.

    Amend the title of the bill, third line, by deleting “removing” and inserting:

“providing exceptions to”.

    Assemblywoman Buckley moved that the Assembly concur in the Senate amendment to Assembly Bill No. 230.

    Remarks by Assemblywoman Buckley.

    Motion carried by a constitutional majority.

    Bill ordered to enrollment.

    Assembly Bill No. 288.

    The following Senate amendment was read:

    Amendment No. 707.

    Amend section 1, page 1, line 1, by deleting “129” and inserting “609”.

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

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

    Amend sec. 16, page 7, lines 19 and 20, by deleting: “Unless the granting of a petition has been revoked pursuant to section 15 of this act, if” and inserting “If”.

    Amend sec. 17, page 7, by deleting lines 33 through 35 and inserting: “petition or to grant or deny a motion to modify the amount or percentage of the net earnings of a minor to be set aside is a matter”.

    Amend the bill as a whole by deleting sec. 19 and adding:

    “Sec. 19.  (Deleted by amendment.)”.

    Assemblywoman Buckley moved that the Assembly concur in the Senate amendment to Assembly Bill No. 288.

    Remarks by Assemblywoman Buckley.

    Motion carried by a constitutional majority.

    Bill ordered to enrollment.

    Assembly Bill No. 451.

    The following Senate amendment was read:

    Amendment No. 669.

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

    “Section 1.  NRS 617.453 is hereby amended to read as follows:

    617.453  1.  Notwithstanding any other provision of this chapter, cancer, resulting in either temporary or permanent disability, or death, is an occupational disease and compensable as such under the provisions of this chapter if:

    (a) The cancer develops or manifests itself out of and in the course of the employment of a person who, for 5 years or more, has been:

        (1) Employed in this state in a full-time salaried occupation of fire fighting for the benefit or safety of the public; or

        (2) Acting as a volunteer fireman in this state and is entitled to the benefits of chapters 616A to 616D, inclusive, of NRS pursuant to the provisions of NRS 616A.145; and

    (b) It is demonstrated that:

        (1) He was exposed, while in the course of the employment, to a known carcinogen as defined by the International Agency for Research on Cancer or the National Toxicology Program; and

        (2) The carcinogen is reasonably associated with the disabling cancer.

    2.  With respect to a person who, for 5 years or more, has been employed in this state in a full-time salaried occupation of fire fighting for the benefit or safety of the public, the following substances shall be deemed, for the purposes of paragraph (b) of subsection 1, to be known carcinogens that are reasonably associated with the following disabling cancers:

(a) Diesel exhaust, formaldehyde and polycyclic aromatic hydrocarbon shall be deemed to be known carcinogens that are reasonably associated with bladder cancer.

(b) Acrylonitrile, formaldehyde and vinyl chloride shall be deemed to be known carcinogens that are reasonably associated with brain cancer.

(c) Diesel exhaust and formaldehyde shall be deemed to be known carcinogens that are reasonably associated with colon cancer.

(d) Formaldehyde shall be deemed to be a known carcinogen that is reasonably associated with Hodgkin’s lymphoma.

(e) Formaldehyde and polycyclic aromatic hydrocarbon shall be deemed to be known carcinogens that are reasonably associated with kidney cancer.

(f) Chloroform, soot and vinyl chloride shall be deemed to be known carcinogens that are reasonably associated with liver cancer.

(g) Acrylonitrile, benzene, formaldehyde, polycyclic aromatic hydrocarbon, soot and vinyl chloride shall be deemed to be known carcinogens that are reasonably associated with lymphatic or haemotopoietic cancer.

3.  The provisions of subsection 2 do not create an exclusive list and do not preclude any person from demonstrating, on a case-by-case basis for the purposes of paragraph (b) of subsection 1, that a substance is a known carcinogen that is reasonably associated with a disabling cancer.

4.  Compensation awarded to the employee or his dependents for disabling cancer pursuant to [subsection 1] this section must include:

    (a) Full reimbursement for related expenses incurred for medical treatments, surgery and hospitalization [;] in accordance with the schedule of fees and charges established pursuant to NRS 616C.260 or, if the insurer has contracted with an organization for managed care or with providers of health care pursuant to NRS 616B.527, the amount that is allowed for the treatment or other services under that contract; and

    (b) The compensation provided in chapters 616A to 616D, inclusive, of NRS for the disability or death.

[3.] 5.  Disabling cancer is presumed to have developed or manifested itself out of and in the course of the employment of any fireman described in this section. This rebuttable presumption applies to disabling cancer diagnosed after the termination of the person’s employment if the diagnosis occurs within a period, not to exceed 60 months, which begins with the last date the employee actually worked in the qualifying capacity and extends for a period calculated by multiplying 3 months by the number of full years of his employment. This rebuttable presumption must control the awarding of benefits pursuant to this section unless evidence to [dispute] rebut the presumption is presented.

6.  The provisions of this section do not create a conclusive presumption.”.

Amend the title of the bill to read as follows:

    “AN ACT relating to occupational diseases; clarifying provisions governing compensation for certain firemen who develop disabling cancer as an occupational disease; and providing other matters properly relating thereto.”

    Amend the summary of the bill to read as follows:

    “SUMMARY—Clarifies provisions governing compensation for certain firemen who develop disabling cancer as occupational disease. (BDR 53‑1197)”.

    Assemblywoman Buckley moved that the Assembly concur in the Senate amendment to Assembly Bill No. 451.

    Remarks by Assemblywoman Buckley.

    Motion carried by a constitutional majority.

    Bill ordered to enrollment.

    Assembly Bill No. 21.

    The following Senate amendment was read:

    Amendment No. 798.

    Amend sec. 2, page 2, by deleting lines 1 through 4.

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

    Amend sec. 2, page 2, line 9, by deleting “(e)” and inserting “(c)”.

    Amend sec. 2, page 2, line 10, by deleting “(f)” and inserting “(d)”.

    Assemblywoman Buckley moved that the Assembly concur in the Senate amendment to Assembly Bill No. 21.

    Remarks by Assemblywomen Buckley and Giunchigliani.

    Motion carried by a constitutional majority.

    Bill ordered to enrollment.

    Assembly Bill No. 48.

    The following Senate amendment was read:

    Amendment No. 664.

    Amend section 1, page 1, lines 5 and 6, by deleting: “employed, to the extent that doing so does not conflict with or infringe upon federal law;” and inserting “employed;”.

    Amend sec. 2, page 2, lines 36 and 37, by deleting: “employed, to the extent that doing so does not conflict with or infringe upon federal law.” and inserting “employed.”.

    Amend sec. 3, page 2, lines 44 and 45, by deleting: “employed, to the extent that doing so does not conflict with or infringe upon federal law.” and inserting “employed.”.

    Amend sec. 4, page 5, lines 36 through 38, by deleting: “employed, to the extent that doing so does not conflict with or infringe upon federal law.” and inserting “employed.”.

    Assemblywoman Buckley moved that the Assembly concur in the Senate amendment to Assembly Bill No. 48.

    Remarks by Assemblywoman Buckley.

    Motion carried by a constitutional majority.

    Bill ordered to enrollment.

    Assembly Bill No. 168.

    The following Senate amendment was read:

    Amendment No. 799.

    Amend the bill as a whole by deleting sec. 3 and adding:

    “Sec. 3.  (Deleted by amendment.)”.

    Amend sec. 7, page 4, by deleting lines 29 through 44 and inserting:

    “616C.110  1.  For the purposes of NRS 616B.557, 616B.578, 616B.587, 616C.490 and 617.459 [,] :

(a) Not later than August 1, 2003, the Division shall adopt regulations incorporating the American Medical Association’s Guides to the Evaluation of Permanent Impairment , 5th edition, by reference . [and may amend those regulations from time to time as it deems necessary. In adopting the] The regulations:

(1) Must become effective on October 1, 2003; and

(2) Must be applied to all examinations for a permanent partial disability that are conducted on or after October 1, 2003, regardless of the date of the injury, until regulations incorporating the 6th edition by reference have become effective pursuant to paragraph (b).

(b) Beginning with the 6th edition and continuing for each edition thereafter, the Division shall adopt regulations incorporating the most recent edition of the American Medical Association’s Guides to the Evaluation of Permanent Impairment [, the Division shall consider] by reference. The regulations:

(1) Must become effective not later than 18 months after the most recent edition [most recently] is published by the American Medical Association [.] ; and

(2) Must be applied to all examinations for a permanent partial disability that are conducted on or after the effective date of the regulations, regardless of the date of injury, until regulations incorporating the next edition by reference have become effective pursuant to this paragraph.

    2.  After adopting the regulations required pursuant to subsection 1, the Division may amend those regulations as it deems necessary, except that the amendments to those regulations:

(a) Must be consistent with the edition of the American Medical Association’s Guides to the Evaluation of Permanent Impairment most recently adopted by the Division;

(b) Must not incorporate any contradictory matter from any other edition of the American Medical Association’s Guides to the Evaluation of Permanent Impairment; and

(c) Must not consider any factors other than the degree of physical impairment of the whole man in calculating the entitlement to compensation.

3.  If the edition of the American Medical Association’s Guides to the Evaluation of Permanent Impairment most recently adopted by the Division [contain] contains more than one method of determining the rating of an impairment, the Administrator shall designate by regulation the method from that edition which must be used to rate an impairment pursuant to
NRS 616C.490.”.

    Amend sec. 10, page 8, lines 12 and 13, by deleting: “compensation or vocational rehabilitation services” and inserting: “vocational rehabilitation services, including compensation,”.

    Amend sec. 10, page 8, line 30, by deleting “seniority and”.

    Amend sec. 12, page 10, line 30, by deleting “seniority and”.

    Amend sec. 13, page 11, line 34, by deleting: “or refuse to impose”.

    Amend sec. 13, page 11, line 36, by deleting: “the district court” and inserting: “an appeals officer”.

    Amend sec. 13, page 11, line 38, by deleting “or should”.

    Amend sec. 13, pages 11 and 12, by deleting lines 40 through 44 on
page 11 and lines 1 through 9 on page 12, and inserting:

    “2.  A person who is aggrieved by a written determination of the Administrator may appeal from the determination by filing a request for a hearing before an appeals officer. The request must be filed within 30 days after the date on which the notice of the Administrator’s determination was mailed by the Administrator.”.

    Amend sec. 13, page 12, line 11, by deleting: “or refusal to impose”.

    Amend sec. 14, page 13, line 15, after “compensation” by inserting: “or other relief”.

    Amend sec. 15, page 16, by deleting line 15 and inserting: “(a) [or] , (b), (c) or (d) of subsection 1 of NRS 616D.120, or if the”.

    Amend sec. 15, page 16, line 18, by deleting “90” and inserting “60”.

    Amend sec. 16, page 17, line 1, by deleting “70” and inserting “90”.

    Amend sec. 16, page 17, line 11, by deleting “70” and inserting “90”.

    Amend the bill as a whole by adding a new section designated sec. 18, following sec. 17, to read as follows:

    “Sec. 18.  1. This section becomes effective upon passage and approval.

    2.  Section 7 of this act becomes effective upon passage and approval for the purpose of adopting regulations and on October 1, 2003, for all other purposes.

    3.  Sections 1 to 6, inclusive, and 8 to 17, inclusive, of this act become effective on October 1, 2003.”.

    Amend the title of the bill by deleting the fifteenth through nineteenth lines and inserting: “employment benefits as the position of the employee at the time of his injury; requiring a person who wishes to contest a decision of the Administrator to impose an administrative fine to file a notice of appeal with an appeals officer; authorizing a person”.

    Assemblywoman Buckley moved that the Assembly concur in the Senate amendment to Assembly Bill No. 168.

    Remarks by Assemblywoman Buckley.

    Motion carried by a constitutional majority.

    Bill ordered to enrollment.

    Assembly Bill No. 343.

    The following Senate amendment was read:

    Amendment No. 710.

    Amend section 1, page 1, line 2, by deleting “10,” and inserting “10.5,”.

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

    “Sec. 3.  “Consumer” means a person who pays money to a seller of travel for the purchase of travel services or a vacation certificate.”.

    Amend sec. 4, page 2, line 10, by deleting “14-point” and inserting “10-point”.

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

    “Sec. 5.  1.  A seller of travel shall maintain a trust account in a bank, credit union or savings and loan association in this state for the purpose of depositing all money that a consumer pays to the seller of travel for the purchase of travel services or a vacation certificate.

2.  If a consumer pays money to a seller of travel for the purchase of travel services or a vacation certificate, the seller of travel shall deposit all such money in the trust account maintained by the seller of travel not later than 2 business days after the date on which the consumer pays the money to the seller of travel.

3.  The seller of travel shall pay out of the trust account the money paid to the seller of travel by the consumer as needed to complete the purchase of the travel services or vacation certificate purchased by the consumer.

    Sec. 6.  1.  The Division shall administer and account separately for the money received from each seller of travel pursuant to the provisions of paragraph (c) of subsection 1 and paragraph (c) of subsection 4 of
NRS 598.365. The Division may refer to the money in the account as the “Recovery Fund.”

2.  Except as otherwise provided in section 10 of this act, the money in the account must be used to pay claims made by consumers who are eligible for recovery from the account pursuant to sections 7 and 8 of this act.

    Sec. 7.  1.  Except as otherwise provided in subsection 5, a consumer who is eligible for recovery from the account must file a complaint with the Division or its designee not later than 1 year after the scheduled date of completion of the travel purchased by the consumer. The consumer must file the complaint on a form established for this purpose by the Division.

2.  If the Division receives a complaint pursuant to subsection 1, the Division or its designee shall hold a hearing on the complaint. The Division shall:

(a) Affix the time and place for the hearing; and

(b) Notify the interested parties, in writing, at least 10 days before the date affixed for the hearing, of the time and place of the hearing.

3.  Any testimony taken at the hearing must be considered a part of the record of the hearing before the Division or its designee.

4.  The hearing must be public if a request is made for a public hearing.

5.  If a consumer has obtained a judgment in any court of competent jurisdiction for recovery of damages against a seller of travel, the consumer may file with the Division or its designee a complaint for recovery of the judgment from the account. The consumer must file the complaint not later than 2 years after the entry of the judgment. The consumer is eligible for recovery of the judgment from the account if:

(a) The judgment is for actual damages suffered by the consumer as a result of:

(1) Any act of fraud or misrepresentation by the seller of travel acting in his capacity as a seller of travel;

(2) The bankruptcy of the seller of travel;

(3) The breach of any contract entered into by the seller of travel in his capacity as a seller of travel; or

(4) The violation by the seller of travel of any provision of NRS 598.305 to 598.365, inclusive, and sections 2 to 10, inclusive, of this act;

(b) The proceedings in connection with the judgment, including all appeals, have terminated;

(c) The consumer files the complaint on a form established for this purpose by the Division;

(d) The consumer submits proof satisfactory to the Division of the judgment; and

(e) Upon obtaining payment from the account, the consumer assigns his rights to enforce the judgment to the Division.

6.  If a consumer files a complaint pursuant to this section, the Division or its designee shall act upon the complaint not later than 60 days after the date on which the complaint is filed with the Division, unless the Division:

(a) Determines that the complaint involves complex issues that may not reasonably be resolved within 60 days; and

(b) Notifies the interested parties, in writing, that the time for acting on the complaint will be extended. If the Division provides such notice to the interested parties, the Division shall act upon the complaint not later than 180 days after the date on which the complaint is filed with the Division.

    Sec. 8.  1. Except as otherwise provided in subsection 2, a consumer is eligible for recovery from the account if:

(a) The Division or its designee, after conducting a hearing on a complaint filed pursuant to the provisions of subsection 1 of section 7 of this act, finds that the consumer suffered actual damages as a result of:

(1) Any act of fraud or misrepresentation by the seller of travel acting in his capacity as a seller of travel;

(2) The bankruptcy of the seller of travel;

(3) The breach of any contract entered into by the seller of travel in his capacity as a seller of travel; or

(4) The violation by the seller of travel of any provision of NRS 598.305 to 598.365, inclusive, and sections 2 to 10, inclusive, of this act; or

(b) The consumer complies with the provisions of subsection 5 of section 7 of this act for the recovery of a judgment from the account.

2.  A consumer is not eligible for recovery from the account if:

(a) The consumer is the spouse of the seller of travel or is a personal representative of the spouse of the seller of travel;

(b) The consumer was associated in a business relationship with the seller of travel other than with regard to the travel services or vacation certificate at issue;

(c) At the time the consumer paid money to the seller of travel for the purchase of the travel services or vacation certificate at issue, the seller of travel was not registered with the Division as required by NRS 598.365; or

(d) The consumer is seeking recovery of losses which were incurred by the consumer as the result of a cancellation penalty that:

(1) Was fully disclosed and agreed to by the consumer at the time the consumer entered into the contract for the purchase of the travel services or vacation certificate at issue; and

(2) Was imposed against the consumer, in accordance with the terms of the contract, after the cancellation of the travel services or vacation certificate at issue.

3.  If the Division or its designee finds that a consumer is eligible for recovery from the account pursuant to this section, the Division or its designee may pay out of the account:

(a) If the complaint was filed pursuant to subsection 1 of section 7 of this act, the amount of actual damages suffered, but not to exceed $10,000; or

(b) If the complaint was filed pursuant to subsection 5 of section 7 of this act, the amount of actual damages included in the judgment and remaining unpaid, but not to exceed $10,000.

4.  If a consumer has recovered a portion of his losses from sources other than the account, the Division shall deduct the amount recovered from the other sources from the amount payable upon the claim and direct the difference to be paid from the account.

5.  To the extent that payments are made from the account to a consumer, the Division is subrogated to the rights of the consumer. The Division and the Attorney General shall promptly enforce all subrogation claims.

6.  The amount of recovery from the account based upon claims made against any single seller of travel:

(a) Must not exceed $200,000; and

(b) For any single action of the seller of travel, must not exceed 20 percent of the balance of the account.”.

    Amend sec. 9, page 5, by deleting lines 1 through 18 and inserting:

    “Sec. 9.  1.  A seller of travel shall display conspicuously, at each place of business of the seller of travel and on any website maintained by the seller of travel for business purposes, a legible and typewritten statement that notifies consumers that they may be eligible to recover certain financial damages from the Recovery Fund. The written statement must be in substantially the following form:

RECOVERY FUND FOR CONSUMERS

DAMAGED BY SELLERS OF TRAVEL

You may be eligible for payment from the Recovery Fund if you have paid money to a seller of travel registered in this state for the purchase of travel services or a vacation certificate and you have suffered certain financial damages as a result of the transaction. To obtain information relating to your rights under the Recovery Fund and the filing of a claim for recovery from the Recovery”.

    Amend sec. 10, page 6, line 17, by deleting “injured persons” and inserting “consumers”.

    Amend the bill as a whole by adding a new section designated sec. 10.5, following sec. 10, to read as follows:

    “Sec. 10.5.  1.  Before advertising its services or conducting business in this state, a tour broker or tour operator must register with the Division by:

(a) Submitting to the Division an application for registration on a form prescribed by the Division;

(b) Paying to the Division a fee of $25; and

(c) If the tour broker or tour operator is subject to the provisions of
NRS 598.495, depositing the security required by NRS 598.495 with the Division.

2.  The Division shall issue a certificate of registration to the tour broker or tour operator upon receipt of:

(a) The security in the proper form as required by NRS 598.495, if the tour broker or tour operator is subject to the provisions of NRS 598.495; and

(b) The payment of the fee required by subsection 1.

3.  A certificate of registration:

(a) Is not transferable or assignable; and

(b) Expires 1 year after it is issued.

4.  A tour broker or tour operator must renew a certificate of registration issued pursuant to this section before the certificate expires by:

(a) Submitting to the Division an application for the renewal of the certificate on a form prescribed by the Division; and

(b) Paying to the Division a fee of $25.”.

    Amend sec. 11, page 7, line 29, after “inclusive,” by inserting:

“and section 10.5 of this act,”.

    Amend sec. 13, page 8, lines 5 and 6, by deleting: “, including, without limitation, a business entity,”.

    Amend sec. 13, page 8, by deleting lines 16 through 22 and inserting:

        “(1) Contracts with a seller of travel to sell travel services or vacation certificates on behalf of the seller of travel;

(2) Receives compensation for selling the travel services or vacation certificates only from the seller of travel; and

(3) Requires the consumer who purchases the travel services or vacation certificates to pay for the travel services or vacation certificates by transmitting payment directly to the provider of the travel services or vacation certificates or the seller of travel;”.

    Amend sec. 13, page 8, line 28, by deleting “;” and inserting: “, and section 10.5 of this act;”.

    Amend the bill as a whole by adding a new section designated sec. 13.5, following sec. 13, to read as follows:

    “Sec. 13.5.  NRS 598.345 is hereby amended to read as follows:

    598.345  “Travel services” includes, without limitation:

    1.  Short-term leases of passenger cars;

    2.  Lodging;

    3.  Transfers;

    4.  Sightseeing tours other than sightseeing tours for which a tour broker or tour operator is regulated pursuant to NRS 598.405 to 598.525, inclusive [;] , and section 10.5 of this act; and

    5.  Any other services that are related to travel by air, land, rail or water , or any other method of transportation.”.

    Amend the bill as a whole by adding new sections designated sections 14.3 and 14.7, following sec. 14, to read as follows:

    “Sec. 14.3.  NRS 598.405 is hereby amended to read as follows:

    598.405  As used in NRS 598.405 to 598.525, inclusive, and section 10.5 of this act, unless the context otherwise requires, the words and terms defined in NRS 598.416 to 598.465, inclusive, have the meanings ascribed to them in those sections.

    Sec. 14.7.  NRS 598.525 is hereby amended to read as follows:

    598.525  The Commissioner may adopt such regulations as the Commissioner determines are necessary to carry out the intent of NRS 598.405 to 598.525, inclusive [.] , and section 10.5 of this act.”.

    Amend sec. 16, page 9, lines 23, 27, 28, 30, 38 and 42, by deleting “July” and inserting “October”.

    Amend sec. 16, page 10, line 1, by deleting “July” and inserting “October”.

    Amend the bill as a whole by deleting sec. 17 and adding new sections designated sections 17 through 19, following sec. 16, to read as follows:

    “Sec. 17.  1.  Notwithstanding the amendatory provisions of this act, a consumer who is eligible to recover from the account established pursuant to section 6 of this act may not file a complaint with the Consumer Affairs Division of the Department of Business and Industry sooner than January 1, 2004.

    2.  The statutes of limitations set forth in section 7 of this act are tolled for the period beginning on October 1, 2003, and ending on December 31, 2003.

    Sec. 18.  Notwithstanding the amendatory provisions of this act, until January 1, 2004, a tour broker or tour operator may advertise its services and conduct business in this state without possessing a certificate of registration issued by the Consumer Affairs Division of the Department of Business and Industry pursuant to section 10.5 of this act, unless the Division establishes an earlier date for compliance with the provisions of section 10.5 of this act.

    Sec. 19.  This act becomes effective:

    1.  Upon passage and approval for the purposes of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and

    2.  On October 1, 2003, for all other purposes.”.

    Amend the title of the bill to read as follows:

    “AN ACT relating to travel and tourism; requiring a seller of travel to include his registration number in his advertising; requiring a seller of travel to maintain a trust account for money paid to the seller of travel by consumers; revising the definition of “seller of travel”; requiring the Consumer Affairs Division of the Department of Business and Industry to mail to a seller of travel an application for the renewal of his certificate before the expiration of his current certificate; establishing an account for a consumer to recover damages for certain actions of a seller of travel; repealing the provisions that require a seller of travel to comply with certain financial security requirements; repealing the provisions allowing a consumer to recover damages from security deposited by a seller of travel with the Division; requiring tour brokers and tour operators to register with the Division annually; requiring sellers of travel, tour brokers and tour operators to pay certain fees relating to registration; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

    “SUMMARY—Makes various changes related to sellers of travel, tour brokers and tour operators. (BDR 52‑881)”.

    Assemblywoman Buckley moved that the Assembly concur in the Senate amendment to Assembly Bill No. 343.

    Remarks by Assemblywoman Buckley.

    Motion carried by a two-thirds constitutional majority.

    Bill ordered to enrollment.

    Assembly Bill No. 215.

    The following Senate amendment was read:

    Amendment No. 632.

    Amend sec. 3, page 2, by deleting lines 22 through 26 and inserting: “exempt from taxation. The county assessor of the county in which the property is located shall, solely for the purpose of facilitating the payments in lieu of taxes, assess the property in the same manner as the taxable property in the county is assessed. The ex officio tax receiver of that county shall mail to the district an individual bill for the payment in lieu”.

    Assemblyman Collins moved that the Assembly concur in the Senate amendment to Assembly Bill No. 215.

    Remarks by Assemblyman Collins.

    Motion carried by a constitutional majority.

    Bill ordered to enrollment.

    Assembly Bill No. 84.

    The following Senate amendment was read:

    Amendment No. 767.

    Amend section 1, page 2, by deleting lines 10 through 26 and inserting:

    “(b) A term of [4] 2 years for members of the town advisory board . [, which must be staggered and must expire on the first Monday in January of an odd-numbered year. No person who has served for a term as a member of a town advisory board is eligible for reappointment until 2 years after the expiration of his term.

(c) Removal of a member of the town advisory board if the board of county commissioners finds that his removal is in the best interest of the residents of the unincorporated town, and for appointment of a member to serve the unexpired term of the member so removed.]

(c) Election of a chairman from among the members of the town advisory board for a term of 2 years, and, if a vacancy occurs in the chairmanship, for the election of a chairman from among the members for the remainder of the unexpired term. The ordinance must also provide that a chairman is not eligible to succeed himself for a term of office as chairman.

    2.  The members of a town advisory board serve at the pleasure of the board of county commissioners. If a member is removed, the board of county commissioners shall appoint a new member to serve out the remainder of the unexpired term of the member who was removed.

3.  The board of county commissioners shall provide notice of”.

    Amend section 1, page 2, line 31, by deleting “3.” and inserting “[3.] 4.”.

    Amend section 1, page 2, line 37, by deleting “4.” and inserting “[4.] 5.”.

    Amend sec. 2, page 2, line 40, after “1.” by inserting: “Notwithstanding the amendatory provisions of paragraph (b) of subsection 1 of NRS 269.576, a member of a town advisory board who was elected or appointed on or before October 1, 2003, shall serve out the term to which he was elected or appointed.

    2.”.

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

    Amend the title of the bill to read as follows:

    “AN ACT relating to county government; revising the term of office of members of a town advisory board in certain counties; removing the prohibition on consecutive terms of office of members of such a board; providing for the election of a chairman of such a board; revising the requirements regarding the notice of a vacancy on such a board; requiring the provision of notice of the expiration of the term of a member of such a board; and providing other matters properly relating thereto.”.

    Assemblyman Manendo moved that the Assembly concur in the Senate amendment to Assembly Bill No. 84.

    Remarks by Assemblyman Manendo.

    Motion carried by a constitutional majority.

    Bill ordered to enrollment.

    Assembly Bill No. 398.

    The following Senate amendment was read:

    Amendment No. 857.

    Amend sec. 8, page 4, line 11, after “2.” by inserting: “The local government shall determine those companies that satisfy the requirements of qualified service companies for the purposes of sections 2 to 14, inclusive, of this act.”.

    Amend sec. 8, page 4, line 12, after “three” by inserting “potential”.

    Amend sec. 8, page 4, line 15, after “one” by inserting “potential”.

    Amend sec. 8, page 4, lines 17 and 18, by deleting: “qualified service company,” and inserting “companies”.

    Amend sec. 8, page 4, line 19, by deleting the italicized comma.

    Amend sec. 8, page 4, lines 20 and 21, by deleting: “in selecting a qualified service company.” and inserting: “to determine those companies that satisfy the requirements of qualified service companies.”.

    Amend sec. 8, page 4, line 23, by deleting: “the qualified service company:” and inserting “such companies:”.

    Amend sec. 8, page 4, line 40, by deleting: “the qualified service” and inserting “a”.

    Amend sec. 8, page 4, line 42, by deleting “selecting” and inserting: “determining whether a company satisfies the requirements of”.

    Amend sec. 8, page 4, line 43, by deleting “qualified service”.

    Amend sec. 8, page 4, line 45, by deleting “qualified service”.

    Amend sec. 8, page 5, line 3, after “5.” by inserting: “The local government shall compile a list of those companies that it determines satisfy the requirements of qualified service companies. If the local government is interested in entering into a performance contract, the local government shall notify each appropriate qualified service company and coordinate an opportunity for each such qualified service company to:

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

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

6.  The local government shall:

(a) Evaluate the proposals and presentations made pursuant to
subsection 5; and

(b) Select a qualified service company,

pursuant to the provisions of this chapter for evaluating and awarding contracts.

7.”.

    Amend sec. 8, page 5, line 4, by deleting “4” and inserting “6”.

    Amend sec. 8, page 5, between lines 15 and 16, by inserting:

    “8.  The local government shall retain the professional services of a third-party consultant with the requisite technical expertise to assist the local government in reviewing the operating cost-savings measures proposed by the qualified service company and may procure sufficient funding from the qualified service company, through negotiation, to pay for the third-party consultant. Such a third-party consultant must be certified by the Association of Energy Engineers as a “Certified Energy Manager” or hold similar credentials from a comparable nationally recognized organization. A
third-party consultant retained pursuant to this subsection shall work on behalf of the local government in coordination with the qualified service company.”.

    Amend sec. 10, page 5, line 37, by deleting “contract the” and inserting “contract”.

    Amend sec. 10, page 5, line 43, by deleting “4” and inserting “20”.

    Amend sec. 14, page 7, line 20, by deleting “may” and inserting “must”.

    Amend sec. 14, page 7, line 21, after “necessary” by inserting: “by the city or county treasurer, as appropriate,”.

    Amend sec. 22, page 9, line 42, by deleting “contract.” and inserting: “contract that is subject to the provisions of NRS 353.500 to 353.630, inclusive.”.

    Amend sec. 22, page 11, line 9, after “shall” by inserting: “ensure that each appropriate qualified service company is notified of the using agency’s interest in entering into a performance contract and”.

    Amend sec. 22, page 11, line 10, by deleting “appropriate”.

    Amend sec. 22, page 11, by deleting lines 21 through 25 and inserting:

    “6.  The using agency shall:

(a) Evaluate the proposals and presentations made pursuant to subsection 5; and

(b) Select a qualified service company,

pursuant to the provisions of this chapter, and any regulations adopted pursuant thereto, for evaluating and awarding contracts.”.

    Amend sec. 22, page 11, line 26, by deleting “6.” and inserting “7.”.

    Amend sec. 22, page 11, line 27, by deleting “5” and inserting “6”.

    Amend sec. 22, pages 11 and 12, by deleting lines 42 through 45 on page 11 and lines 1 through 3 on page 12, and inserting:

    “8.  The using agency shall retain the professional services of a
third-party consultant with the requisite technical expertise to assist the using agency in reviewing the operating cost-savings measures proposed by the qualified service company. The Purchasing Division may procure sufficient funding from the qualified service company, through negotiation, to pay for the third-party consultant.”.

    Amend sec. 24, page 13, line 2, by deleting “4” and inserting “20”.

    Amend sec. 25, page 13, by deleting lines 10 through 13 and inserting:

    “2.  The period over which payments are made on a performance contract must equal the period over which the operating cost savings are amortized. Payments on a performance contract must not commence until the operating cost-savings measures have been installed by the qualified service company.”.

    Amend sec. 29, page 14, line 13, by deleting “may” and inserting “must”.

    Amend sec. 29, page 14, line 14, after “necessary” by inserting: “by the State Treasurer”.

    Amend sec. 30, page 14, line 18, by deleting “2003, and” and inserting “2003.”.

    Amend sec. 30, page 14, by deleting line 19.

    Amend the title of the bill, first line, by deleting “a temporary” and inserting “an”.

    Amend the summary of the bill to read as follows:

    “SUMMARY—Establishes alternative procedure pursuant to which certain performance contracts for cost-savings energy measures in buildings occupied by governmental entities are bid. (BDR 27‑1115)”.

    Assemblyman Manendo moved that the Assembly do not concur in the Senate amendment to Assembly Bill No. 398.

    Remarks by Assemblyman Manendo.

    Motion carried.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 225.

    The following Senate amendment was read:

    Amendment No. 760.

    Amend section 1, page 1, by deleting line 6 and inserting: “401(k), 403(b) , [or] 457 or 3121, including, without limitation, a FICA alternative plan, or any other plan authorized by any federal”.

    Amend sec. 2, page 2, by deleting line 7 and inserting: “401(k), 403(b) [or 457.] , 457 or 3121, including, without limitation, a FICA alternative plan, or any other plan authorized by any”.

    Amend sec. 2, page 2, by deleting lines 29 and 30 and inserting: “must, in accordance with 26 U.S.C. § 401(a) [or 457(g),] , 401(k), 403(b), 457(g) or 3121, including, without limitation, a FICA alternative plan, or any other federal law authorizing a plan to reduce”.

    Amend sec. 3, page 2, by deleting line 41 and inserting: “403(b) [or 457,] , 457 or 3121, including, without limitation, a FICA alternative plan, or any other federal law authorizing a plan to”.

    Amend sec. 4, page 3, by deleting line 4 and inserting: “U.S.C. § 401(a), 401(k), 403(b) [or 457,] , 457 or 3121, including, without limitation, a FICA alternative plan, or any other federal law”.

    Assemblyman Manendo moved that the Assembly concur in the Senate amendment to Assembly Bill No. 225.

    Remarks by Assemblyman Manendo.

    Motion carried by a constitutional majority.

    Bill ordered to enrollment.

    Assembly Bill No. 185.

    The following Senate amendment was read:

    Amendment No. 566.

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

    “Sec. 2.  NRS 616B.624 is hereby amended to read as follows:

    616B.624  1.  If a quasi-public or private corporation or a limited-liability company is required to be insured pursuant to chapters 616A to 616D, inclusive, of NRS, an officer of the corporation or a manager of the company who:

    (a) Receives pay for services performed as an officer, manager or employee of the corporation or company shall be deemed for the purposes of those chapters to receive a minimum pay of $6,000 per policy year and a maximum pay of $36,000 per policy year.

    (b) Does not receive pay for services performed as an officer, manager or employee of the corporation or company shall be deemed for the purposes of those chapters to receive a minimum pay of $500 per month or $6,000 per policy year.

    2.  An officer or manager who does not receive pay for services performed as an officer, manager or employee of the corporation or company may elect to reject coverage for himself by filing written notice thereof with the corporation or company and the insurer. The rejection is effective upon receipt of the notice by the insurer.

    3.  An officer or manager of such a corporation or company who:

    (a) Owns the corporation or company; and

    (b) [Operates the corporation or company exclusively from his primary residence; and

(c)] Receives pay for the services performed, may elect to reject coverage for himself by filing written notice thereof with the insurer. The rejection is effective upon receipt of the notice by the insurer.

    4.  An officer or manager who has rejected coverage may rescind that rejection by filing written notice thereof with the corporation or company and the insurer. The rescission is effective upon receipt of the notice by the insurer. Except as otherwise provided in subsection 3, if an officer or manager who has rejected coverage receives pay for services performed as an officer, manager or employee of the corporation or company, the officer or manager shall be deemed to have rescinded that rejection.

    5.  A nonprofit corporation whose officers do not receive pay for services performed as officers or employees of the corporation may elect to reject coverage for its current officers and all future officers who do not receive such pay by filing written notice thereof with the corporation and the insurer. The rejection is effective upon receipt of the notice by the insurer.

    6.  A nonprofit corporation which has rejected coverage for its officers who do not receive pay for services performed as officers or employees of the corporation may rescind that rejection by filing written notice thereof with the corporation and the insurer. The rescission is effective upon receipt of the notice by the insurer. If an officer of a nonprofit corporation which has rejected coverage receives pay for services performed as an officer or employee of the corporation, the corporation shall be deemed to have rescinded that rejection.”.

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

    “Sec. 4.  NRS 617.207 is hereby amended to read as follows:

    617.207  1.  If a quasi-public or private corporation or limited-liability company is required to be insured pursuant to this chapter, an officer of the corporation or a manager of the company who:

    (a) Receives pay for service performed shall be deemed for the purposes of this chapter to receive a minimum pay of $6,000 per policy year and a maximum pay of $36,000 per policy year.

    (b) Does not receive pay for services performed shall be deemed for the purposes of this chapter to receive a minimum pay of $500 per month or $6,000 per policy year.

    2.  An officer or manager who does not receive pay for services performed may elect to reject coverage for himself by filing written notice thereof with the corporation or company and the insurer. The rejection is effective upon receipt of the notice by the insurer.

    3.  An officer or manager of such a corporation or company who:

    (a) Owns the corporation or company; and

    (b) [Operates the corporation or company exclusively from his primary residence; and

(c)] Receives pay for the services performed, may elect to reject coverage for himself by filing written notice thereof with the insurer. The rejection is effective upon receipt of the notice by the insurer.

    4.  An officer or manager who has rejected coverage may rescind that rejection by filing written notice thereof with the corporation or company and the insurer. The rescission is effective upon receipt of the notice by the insurer.”.

    Amend the title of the bill, fourth line, after “ diseases;” by inserting: “revising the circumstances under which officers or managers of certain corporations or companies may reject coverage for themselves for the purposes of the provisions governing workers’ compensation for injuries and occupational diseases;”.

    Amend the summary of the bill to read as follows:

    “SUMMARY—Makes various changes concerning applicability of provisions governing workers’ compensation for injuries and occupational diseases. (BDR 53‑1110)”.

    Assemblywoman Buckley moved that the Assembly concur in the Senate amendment to Assembly Bill No. 185.

    Remarks by Assemblywoman Buckley.

    Motion carried by a constitutional majority.

    Bill ordered to enrollment.

    Assembly Bill No. 348.

    The following Senate amendment was read:

    Amendment No. 691.

    Amend section 1, page 1, by deleting lines 5 through 7 and inserting:

    “1.  On or before February 1 of the year immediately preceding the year to which the factors will be applied, the Department shall provide the proposed factors to each county”.

    Amend section 1, page 1, line 9, by deleting “September 1” and inserting “May 15”.

    Amend section 1, pages 1 and 2, by deleting lines 13 through 15 on page 1 and lines 1 through 15 on page 2, and inserting:

    “3.  If one or more of the county assessors notify the Nevada Tax Commission of an objection to the proposed factors that are applicable to the county they represent, the Nevada Tax Commission shall, at a regularly scheduled meeting of the Commission, hold a hearing on those proposed factors before the factors are adopted. At the hearing, the Nevada Tax Commission shall:

(a) Make every effort to reconcile the objection or objections of each county assessor; and

(b) Provide to those persons attending the hearing copies of any published reference manuals and the local indicators of the taxable value of improvements that were used by the Department to establish the proposed factors.”.

    Assemblyman Parks moved that the Assembly concur in the Senate amendment to Assembly Bill No. 348.

    Remarks by Assemblyman Parks.

    Motion carried by a constitutional majority.

    Bill ordered to enrollment.

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

    Assembly in recess at 12:01 p.m.

ASSEMBLY IN SESSION

    At 12:05 p.m.

    Mr. Speaker presiding.

    Quorum present.

REPORTS OF COMMITTEES

Mr. Speaker:

    Your Committee on Ways and Means, to which was referred Assembly Bill No. 195, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

    Also, your Committee on Ways and Means, to which was re-referred Assembly Bill No. 513, 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

UNFINISHED BUSINESS

Consideration of Senate Amendments

    Assembly Bill No. 250.

    The following Senate amendment was read:

    Amendment No. 741.

    Amend sec. 7, page 7, lines 40 and 41, by deleting: “destruction, contamination or impairment” and inserting: “destruction or contamination”.

    Amend sec. 10, page 8, by deleting lines 16 through 34 and inserting:

    “Sec. 10.  “Material support” means any financial, logistical, informational or other support or assistance intended to further an act of terrorism.”.

    Amend sec. 14, page 9, line 25, by deleting: “more than one person.” and inserting: “a large number of persons.”.

    Amend sec. 15, pages 9 and 10, by deleting lines 26 through 45 on page 9 and lines 1 through 9 on page 10, and inserting:

    “Sec. 15.  1.  A person shall not knowingly or intentionally commit or cause an act of terrorism or attempt to commit or cause an act of terrorism.

2.  A person shall not knowingly or intentionally:

(a) Aid, further or conceal or attempt to aid, further or conceal an act of terrorism;

(b) Assist, solicit or conspire with another person to commit, cause, aid, further or conceal an act of terrorism; or

(c) Provide material support with the intent that such material support be used, in whole or in part, to:

(1) Commit, cause, aid, further or conceal an act of terrorism; or

(2) Aid a terrorist or conceal a terrorist from detection or capture.

3.  A person who violates subsection 1 is guilty of a category A felony and:

(a) Shall be punished by imprisonment:

(1) For life without the possibility of parole;

(2) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 20 years has been served; or

(3) For a definite term of 50 years, with eligibility for parole beginning when a minimum of 20 years has been served; and

(b) Shall further be punished by a fine of at least $50,000 but not more than $100,000.

4.  A person who violates subsection 2 is guilty of a category A felony and:

(a) Shall be punished by imprisonment:

(1) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or

(2) For a definite term of 25 years, with eligibility for parole beginning when a minimum of 10 years has been served; and

(b) Shall be further punished by a fine of at least $25,000 but not more than $50,000.

5.  In addition to any other penalty, the court shall order a person who violates the provisions of this section to pay restitution:

(a) To each victim for any injuries that are a result of the violation; and

(b) To the State of Nevada or a local government for any costs that arise from the violation.”.

    Amend sec. 21, page 11, by deleting lines 23 and 24 and inserting:

    “3.  A person who violates any provision of subsection 1 is guilty of a category A felony and shall be punished [by] :”.

    Amend sec. 21, page 12, line 7, after “4.” by inserting: “A person who violates any provision of subsection 2 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 15 years, and shall further be punished by a fine of not more than $10,000.

5.”.

    Amend sec. 21, page 12, line 14, by deleting “5.” and inserting “6.”.

    Amend sec. 22, page 12, by deleting lines 27 through 29 and inserting:

    “(a) Injure, intimidate [, frighten, alarm or distress] or alarm any person, whether or not any person is actually injured, intimidated [, frightened, alarmed or distressed] or alarmed thereby;”.

    Amend the bill as a whole by renumbering sec. 26 as sec. 27 and adding a new section designated sec. 26, following sec. 25, to read as follows:

    “Sec. 26.  NRS 450B.180 is hereby amended to read as follows:

    450B.180  1.  Any person desiring certification as an emergency medical technician must apply to the health authority using forms prescribed by the health authority.

    2.  The health authority, pursuant to regulations and procedures adopted by the board, shall make a determination of the applicant’s qualifications to be certified as an emergency medical technician, and shall issue a certificate as an emergency medical technician to each qualified applicant.

    3.  A certificate as an emergency medical technician is valid for a period not exceeding 2 years and may be renewed if the holder of the certificate complies with the provisions of this chapter and meets the qualifications set forth in the regulations and standards established by the board pursuant to this chapter. The regulations and standards established by the Board must provide for the completion of a course of instruction relating to the medical consequences of an act of terrorism that involves the use of a weapon of mass destruction. The course must provide at least 4 hours of instruction that includes instruction in the following subjects:

(a) An overview of acts of terrorism and weapons of mass destruction;

(b) Personal protective equipment required for acts of terrorism;

(c) Common symptoms and methods of treatment associated with exposure to, or injuries caused by, chemical, biological, radioactive and nuclear agents;

(d) Syndromic surveillance and reporting procedures for acts of terrorism that involve biological agents; and

(e) An overview of the information available on, and the use of, the Health Alert Network.

    4.  The health authority may suspend or revoke the certificate of an emergency medical technician if it finds that the holder of the certificate no longer meets the prescribed qualifications. Unless the certificate is suspended by the district court pursuant to NRS 425.540, the holder of the certificate may appeal the suspension or revocation of his certificate pursuant to regulations adopted by the board.

    5.  The board shall determine the procedures and techniques which may be performed by an emergency medical technician.

    6.  A certificate issued pursuant to this section is valid throughout the State, whether issued by the Health Division or a county or district board of health.

    7.  The Health Division shall maintain a central registry of all certificates issued pursuant to this section, whether issued by the Health Division or a county or district board of health.

    8.  The board shall adopt such regulations as are necessary to carry out the provisions of this section.

9.  As used in this section:

(a) “Act of terrorism” has the meaning ascribed to it in section 7 of this act.

(b) “Biological agent” has the meaning ascribed to it in NRS 202.442.

(c) “Chemical agent” has the meaning ascribed to it in section 8 of this act.

(d) “Radioactive agent” has the meaning ascribed to it in section 12 of this act.

(e) “Weapon of mass destruction” has the meaning ascribed to it in section 14 of this act.”.

    Amend the bill as a whole by renumbering sections 27 and 28 as sections 32 and 33 and adding new sections designated sections 28 through 31, following sec. 26, to read as follows:

    “Sec. 28.  NRS 630.253 is hereby amended to read as follows:

    630.253  1.  The Board shall, as a prerequisite for the:

[1.] (a) Renewal of a license as a physician assistant; or

[2.] (b) Biennial registration of the holder of a license to practice medicine, require each holder to comply with the requirements for continuing education adopted by the Board.

2.  These requirements [may] :

(a) May provide for the completion of one or more courses of instruction relating to risk management in the performance of medical services.

(b) Must provide for the completion of a course of instruction relating to the medical consequences of an act of terrorism that involves the use of a weapon of mass destruction. The course must provide at least 4 hours of instruction that includes instruction in the following subjects:

(1) An overview of acts of terrorism and weapons of mass destruction;

(2) Personal protective equipment required for acts of terrorism;

(3) Common symptoms and methods of treatment associated with exposure to, or injuries caused by, chemical, biological, radioactive and nuclear agents;

(4) Syndromic surveillance and reporting procedures for acts of terrorism that involve biological agents; and

(5) An overview of the information available on, and the use of, the Health Alert Network.

3.  As used in this section:

(a) “Act of terrorism” has the meaning ascribed to it in section 7 of this act.

(b) “Biological agent” has the meaning ascribed to it in NRS 202.442.

(c) “Chemical agent” has the meaning ascribed to it in section 8 of this act.

(d) “Radioactive agent” has the meaning ascribed to it in section 12 of this act.

(e) “Weapon of mass destruction” has the meaning ascribed to it in section 14 of this act.

    Sec. 29.  NRS 631.342 is hereby amended to read as follows:

    631.342  1.  The Board shall adopt regulations concerning continuing education in dentistry and dental hygiene. The regulations must include:

[1.] (a) The number of hours of credit required annually;

[2.] (b) The criteria used to accredit each course; [and

3.] (c) The requirements for submission of proof of attendance at courses [.] ; and

(d) A provision requiring the completion a course of instruction relating to the medical consequences of an act of terrorism that involves the use of a weapon of mass destruction. The course must provide at least 4 hours of instruction that includes instruction in the following subjects:

(1) An overview of acts of terrorism and weapons of mass destruction;

(2) Personal protective equipment required for acts of terrorism;

(3) Common symptoms and methods of treatment associated with exposure to, or injuries caused by, chemical, biological, radioactive and nuclear agents;

(4) Syndromic surveillance and reporting procedures for acts of terrorism that involve biological agents; and

(5) An overview of the information available on, and the use of, the Health Alert Network.

2.  As used in this section:

(a) “Act of terrorism” has the meaning ascribed to it in section 7 of this act.

(b) “Biological agent” has the meaning ascribed to it in NRS 202.442.

(c) “Chemical agent” has the meaning ascribed to it in section 8 of this act.

(d) “Radioactive agent” has the meaning ascribed to it in section 12 of this act.

(e) “Weapon of mass destruction” has the meaning ascribed to it in section 14 of this act.

    Sec. 30.  NRS 632.343 is hereby amended to read as follows:

    632.343  1.  The Board shall not renew any license issued under this chapter until the licensee has submitted proof satisfactory to the Board of completion, during the 2-year period before renewal of the license, of
30 hours in a program of continuing education approved by the Board. The licensee is exempt from this provision for the first biennial period after graduation from an accredited school of professional nursing or practical nursing.

    2.  The Board shall review all courses offered to nurses for the completion of the requirement set in subsection 1. The Board may approve nursing and other courses which are directly related to the practice of nursing as well as others which bear a reasonable relationship to current developments in the field of nursing or any special area of practice in which a licensee engages. These may include academic studies, workshops, extension studies, home study and other courses.

3.  The program of continuing education required by subsection 1 must include a course of instruction relating to the medical consequences of an act of terrorism that involves the use of a weapon of mass destruction. The course must provide at least 4 hours of instruction that includes instruction in the following subjects:

(a) An overview of acts of terrorism and weapons of mass destruction;

(b) Personal protective equipment required for acts of terrorism;

(c) Common symptoms and methods of treatment associated with exposure to, or injuries caused by, chemical, biological, radioactive and nuclear agents;

(d) Syndromic surveillance and reporting procedures for acts of terrorism that involve biological agents; and

(e) An overview of the information available on, and the use of, the Health Alert Network.

4.  As used in this section:

(a) “Act of terrorism” has the meaning ascribed to it in section 7 of this act.

(b) “Biological agent” has the meaning ascribed to it in NRS 202.442.

(c) “Chemical agent” has the meaning ascribed to it in section 8 of this act.

(d) “Radioactive agent” has the meaning ascribed to it in section 12 of this act.

(e) “Weapon of mass destruction” has the meaning ascribed to it in section 14 of this act.

    Sec. 31.  1.  The Legislative Commission shall appoint a subcommittee consisting of three Senators and three Assemblymen to conduct an interim study concerning the coordination, planning and cost of responding to emergencies involving state buildings, including, without limitation, responding to emergencies caused by fire, flood, earthquake, storm or other natural causes, by technological or man-made catastrophes or by acts of terrorism or acts involving the use of weapons of mass destruction or biological, chemical or radioactive agents.

    2.  An advisory committee consisting of the following members shall assist the subcommittee:

    (a) One member to represent the Buildings and Grounds Division of the Department of Administration, appointed by the Director of the Department of Administration.

    (b) One member to represent the Division of Emergency Management of the Department of Public Safety, appointed by the Director of the Department of Public Safety.

    (c) One member to represent the Capitol Police Division of the Department of Public Safety, appointed by the Director of the Department of Public Safety.

    (d) One member to represent the Legislative Police, appointed by the Legislative Commission.

    (e) One member to represent the Department of Corrections, appointed by the Director of the Department of Corrections.

    (f) One member to represent the Budget Division of the Department of Administration, appointed by the Director of the Department of Administration.

    (g) One member to represent the  Health Division of the Department of Human Resources, appointed by the Director of the Department of Human Resources.

    (h) One member to represent the interests of hospitals in this state, appointed by the Legislative Commission.

    (i) One member to represent the interests of fire departments in this state, appointed by the Legislative Commission.

    (j) One member to represent the interests of local law enforcement agencies in this state, appointed by the Legislative Commission.

    (k) One member to represent the interests of cities in this state, appointed by the Nevada League of Cities and Municipalities.

    (l) One member to represent the interests of counties in this state, appointed by the Nevada Association of Counties.

    3.  Members of the advisory committee serve without compensation, but are entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally while engaged in the business of the advisory committee. The per diem allowance and travel expenses must be paid from the Legislative Fund.

    4.  The subcommittee may form such subcommittees of its members as are necessary to study specific issues within the jurisdiction of the subcommittee.

    5.  The subcommittee may submit recommended legislation that is approved by a majority of the members of the Assembly appointed to the subcommittee and a majority of the members of the Senate appointed to the subcommittee to the Legislative Commission.

    6.  The Legislative Commission shall submit a report of the results of the study and any recommendations for legislation to the 73rd Session of the Nevada Legislature.”.

    Amend sec. 27, page 16, line 37, by deleting “26” and inserting “27”.

    Amend sec. 28, page 16, by deleting lines 41 through 43 and inserting:

    “Sec. 33.  1.  This section and sections 1 to 25, inclusive, 31 and 32 of this act become effective upon passage and approval.

    2.  Sections 26, 28, 29 and 30 of this act become effective on July 1, 2003, for the purpose of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out those sections and on October 1, 2003, for all other purposes.

    3.  Section 27 of this act becomes effective on October 1, 2003.”.

    Amend the title of the bill to read as follows:

    “AN ACT relating to public safety; making various changes regarding certain acts relating to terrorism, weapons of mass destruction, biological agents, chemical agents, radioactive agents and other lethal agents, toxins and delivery systems; providing for an increased penalty for felonies committed with the intent to commit certain acts of terrorism; establishing as murder of the first degree murder committed with the intent to commit certain acts of terrorism; establishing for the purposes of the death penalty an aggravating circumstance relating to murders committed with the intent to commit certain acts of terrorism; providing that there is no statute of limitations for prosecution of certain acts relating to terrorism; requiring certain property used to commit certain acts of terrorism to be subject to forfeiture; making various other changes pertaining to certain acts relating to terrorism, weapons of mass destruction, biological agents, chemical agents, radioactive agents and other lethal agents, toxins and delivery systems; providing penalties; requiring resort hotels to adopt emergency response plans; requiring certain health care professionals to obtain continuing education concerning the medical consequences of acts of terrorism; providing for an interim study concerning the coordination, planning and cost of responding to emergencies involving state buildings; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

    “SUMMARY—Makes various changes regarding certain acts relating to terrorism, weapons of mass destruction, biological agents, chemical agents, radioactive agents and other lethal agents, toxins and delivery systems and enacts provisions concerning responses to emergencies. (BDR 15‑49)”.

    Amend the bill as a whole by adding the following Senator as a primary joint sponsor: Senator Raggio.

    Assemblyman Oceguera moved that the Assembly do not concur in the Senate amendment to Assembly Bill No. 250.

    Remarks by Assemblyman Oceguera.

    Motion carried.

    Bill ordered transmitted to the Senate.

GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR

    On request of Assemblywoman Ohrenschall, the privilege of the floor of the Assembly Chamber for this day was extended to Ashleigh Kreider and James Ohrenschall.

    Assemblywoman Buckley moved that the Assembly adjourn until Monday, May 26, 2003, at 11:00 a.m.

    Motion carried.

    Assembly adjourned at 12:09 p.m.               

Approved:                                                                Richard D. Perkins

                                                                                  Speaker of the Assembly

Attest:    Jacqueline Sneddon

                    Chief Clerk of the Assembly