THE ONE HUNDREDTH DAY

THE ONE HUNDREDTH DAY

Carson City (Tuesday), May 13, 2003

Senate called to order at 11:46 a.m.

President Hunt presiding.

Roll called.

All present.

Prayer by the Chaplain, Father Jeff Paul.

O Lord, our Governor, bless the leaders of our land, that we may be a people at peace among ourselves and a blessing to other nations of the earth. To our Senators and those who make our laws in this State, give courage, wisdom, clarity and foresight to provide for the needs of all our people and to fulfill our obligations in all the communities of Nevada. In Your Name, we pray.

Amen.

Pledge of allegiance to the Flag.

Senator Raggio moved that further reading of the Journal be dispensed with, and the President and Secretary be authorized to make the necessary corrections and additions.

Motion carried.

REPORTS OF COMMITTEES

Madam President:

Your Committee on Commerce and Labor, to which were referred Assembly Bills Nos. 32, 146, 190, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Randolph J. Townsend, Chairman

Madam President:

Your Committee on Human Resources and Facilities, to which were referred Assembly Bills Nos. 25, 323, 381, 405, 445, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Also, your Committee on Human Resources and Facilities, to which were referred Assembly Bills Nos. 132, 507, 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 Human Resources and Facilities, to which was referred Senate Concurrent Resolution No. 36, has had the same under consideration, and begs leave to report the same back with the recommendation: Be adopted.

Raymond D. Rawson, Chairman

Madam President:

Your Committee on Judiciary, to which were referred Assembly Bills Nos. 95, 107, 336, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Also, your Committee on Judiciary, to which were referred Assembly Bills Nos. 60, 100, 156, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Mark E. Amodei, Chairman

MOTIONS, RESOLUTIONS AND NOTICES

Senator O'Connell moved that Assembly Bill No. 89 be taken from the General File and placed on the Secretary’s desk.

Remarks by Senator O'Connell.

Motion carried.

Senator Amodei moved that Assembly Bill No. 78 be taken from the General File and placed on the Secretary’s desk.

Remarks by Senator Amodei.

Motion carried.

Senator Nolan moved that Assembly Bill No. 155 be taken from the Secretary's desk and placed on the General File.

Remarks by Senator Nolan.

Motion carried.

SECOND READING AND AMENDMENT

Assembly Bill No. 71.

Bill read second time and ordered to third reading.

Assembly Bill No. 86.

Bill read second time and ordered to third reading.

Assembly Bill No. 143.

Bill read second time.

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

Amendment No. 613.

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

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

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

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

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

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

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

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

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

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

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

(a) Are identified in the contract;

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

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

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

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

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

whichever occurs first.

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

Senator Townsend moved the adoption of the amendment.

Remarks by Senator Townsend.

Amendment adopted.

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

MOTIONS, RESOLUTIONS AND NOTICES

Senator Raggio moved that the following bills be considered next in the following order: Assembly Bills Nos. 79, 151, 451 and 498.

Remarks by Senator Raggio.

Motion carried.

GENERAL FILE AND THIRD READING

Assembly Bill No. 79.

Bill read third time.

The following amendment was proposed by Senator Neal:

Amendment No. 701.

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

“Sec. 3.3. Chapter 689A of NRS is hereby amended by adding thereto a new section to read as follows:

1. Each policy of health insurance offered or issued by an insurer that contracts with providers of health care for the provision of health care services to insureds must provide that the insurer will enter into a contract with any provider of health care for the provision of covered health care services to its insureds if:

(a) The provider of health care is qualified under the laws of this state to provide such care; and

(b) The provider of health care agrees to accept the rates, terms and conditions established for other providers of health care by the insurer.

2. A policy subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after October 1, 2003, has the legal effect of including the provision required by this section, and any provision of the policy or renewal thereof that is in conflict with this section is void.

Sec. 3.7. NRS 689A.330 is hereby amended to read as follows:

689A.330 If any policy is issued by a domestic insurer for delivery to a person residing in another state, and if the insurance commissioner or corresponding public officer of that other state has informed the Commissioner that the policy is not subject to approval or disapproval by that officer, the Commissioner may by ruling require that the policy meet the standards set forth in NRS 689A.030 to 689A.320, inclusive ~~[.]~~ , and section 3.3 of this act.”.

Amend the bill as a whole by adding a new section designated sec. 5.5, following sec. 5, to read as follows:

“Sec. 5.5. Chapter 689B of NRS is hereby amended by adding thereto a new section to read as follows:

1. Each policy of group health insurance offered or issued by an insurer that contracts with providers of health care for the provision of health care services to insureds must provide that the insurer will enter into a contract with any provider of health care for the provision of covered health care services to its insureds if:

(a) The provider of health care is qualified under the laws of this state to provide such care; and

(b) The provider of health care agrees to accept the rates, terms and conditions established for other providers of health care by the insurer.

Amend the bill as a whole by adding a new section designated sec. 8.5, following sec. 8, to read as follows:

“Sec. 8.5. Chapter 695B of NRS is hereby amended by adding thereto a new section to read as follows:

1. Each policy of health insurance offered or issued by a hospital or medical service corporation that contracts with providers of health care for the provision of health care services to insureds must provide that the hospital or medical service corporation will enter into a contract with any provider of health care for the provision of covered health care services to its insureds if:

(a) The provider of health care is qualified under the laws of this state to provide such care; and

(b) The provider of health care agrees to accept the rates, terms and conditions established for other providers of health care by the hospital or medical service corporation.

Amend the bill as a whole by inserting new sections designated sections 10.3 and 10.7, following sec. 10, to read as follows:

“Sec. 10.3. Chapter 695C of NRS is hereby amended by adding thereto a new section to read as follows:

1. Each health care plan offered or issued by a health maintenance organization that contracts with providers of health care for the provision of health care services to insureds must provide that the health maintenance organization will enter into a contract with any provider of health care for the provision of covered health care services to its insureds if:

(a) The provider of health care is qualified under the laws of this state to provide such care; and

(b) The provider of health care agrees to accept the rates, terms and conditions established for other providers of health care by the health maintenance organization.

2. An evidence of coverage for a health care plan subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after October 1, 2003, has the legal effect of including the provision required by this section, and any provision of the evidence of coverage or renewal thereof that is in conflict with this section is void.

Sec. 10.7. NRS 695C.050 is hereby amended to read as follows:

695C.050 1. Except as otherwise provided in this chapter or in specific provisions of this title, the provisions of this title are not applicable to any health maintenance organization granted a certificate of authority under this chapter. This provision does not apply to an insurer licensed and regulated pursuant to this title except with respect to its activities as a health maintenance organization authorized and regulated pursuant to this chapter.

2. Solicitation of enrollees by a health maintenance organization granted a certificate of authority, or its representatives, must not be construed to violate any provision of law relating to solicitation or advertising by practitioners of a healing art.

3. Any health maintenance organization authorized under this chapter shall not be deemed to be practicing medicine and is exempt from the provisions of chapter 630 of NRS.

4. The provisions of NRS 695C.110, 695C.170 to 695C.200, inclusive, 695C.250 and 695C.265 and section 10.3 of this act do not apply to a health maintenance organization that provides health care services through managed care to recipients of Medicaid under the State Plan for Medicaid or insurance pursuant to the Children’s Health Insurance Program pursuant to a contract with the Division of Health Care Financing and Policy of the Department of Human Resources. This subsection does not exempt a health maintenance organization from any provision of this chapter for services provided pursuant to any other contract.

5. The provisions of NRS 695C.1694 and 695C.1695 apply to a health maintenance organization that provides health care services through managed care to recipients of Medicaid under the State Plan for Medicaid.”.

Amend sec. 13, page 10, by deleting lines 2 and 3 and inserting: “organization would be hazardous to its enrollees; ~~[or]~~

(j) The health maintenance organization fails to provide the coverage required by section 10.3 of this act; or

(k) The health maintenance organization has otherwise failed to”.

Amend sec. 15, page 10, line 37, by deleting “16” and inserting “15.5”.

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

“Sec. 15.5. 1. Each health care plan offered or issued by a managed care organization that contracts with providers of health care for the provision of health care services to insureds must provide that the managed care organization will enter into a contract with any provider of health care for the provision of covered health care services to its insureds if:

(a) The provider of health care is qualified under the laws of this state to provide such care; and

(b) The provider of health care agrees to accept the rates, terms and conditions established for other providers of health care by the managed care organization.

Amend the bill as a whole by adding a new section designated sec. 34.5, following sec. 34, to read as follows:

“Sec. 34.5. NRS 287.010 is hereby amended to read as follows:

287.010 1. The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada may:

(a) Adopt and carry into effect a system of group life, accident or health insurance, or any combination thereof, for the benefit of its officers and employees, and the dependents of officers and employees who elect to accept the insurance and who, where necessary, have authorized the governing body to make deductions from their compensation for the payment of premiums on the insurance.

(b) Purchase group policies of life, accident or health insurance, or any combination thereof, for the benefit of such officers and employees, and the dependents of such officers and employees, as have authorized the purchase, from insurance companies authorized to transact the business of such insurance in the State of Nevada, and, where necessary, deduct from the compensation of officers and employees the premiums upon insurance and pay the deductions upon the premiums.

(c) Provide group life, accident or health coverage through a self-insurance reserve fund and, where necessary, deduct contributions to the maintenance of the fund from the compensation of officers and employees and pay the deductions into the fund. The money accumulated for this purpose through deductions from the compensation of officers and employees and contributions of the governing body must be maintained as an internal service fund as defined by NRS 354.543. The money must be deposited in a state or national bank or credit union authorized to transact business in the State of Nevada. Any independent administrator of a fund created under this section is subject to the licensing requirements of chapter 683A of NRS, and must be a resident of this state. Any contract with an independent administrator must be approved by the Commissioner of Insurance as to the reasonableness of administrative charges in relation to contributions collected and benefits provided. The provisions of NRS 689B.030 to 689B.050, inclusive, and section 5.5 of this act and 689B.575 apply to coverage provided pursuant to this paragraph, except that the provisions of NRS 689B.0359 do not apply to such coverage.

(d) Defray part or all of the cost of maintenance of a self-insurance fund or of the premiums upon insurance. The money for contributions must be budgeted for in accordance with the laws governing the county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada.

2. If a school district offers group insurance to its officers and employees pursuant to this section, members of the board of trustees of the school district must not be excluded from participating in the group insurance. If the amount of the deductions from compensation required to pay for the group insurance exceeds the compensation to which a trustee is entitled, the difference must be paid by the trustee.”.

Amend sec. 35, page 18, line 19, by deleting “16” and inserting “15.5”.

Amend sec. 37, page 19, line 33, by deleting: “1 to 36, inclusive,” and inserting: “1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 to 15, inclusive, 16 to 34, inclusive, 35 and 36”.

Amend sec. 37, page 19, after line 42, by inserting:

“3. Sections 3.3, 3.7, 5.5, 8.5, 10.3, 10.7, 15.5 and 34.5 of this act become effective on October 1, 2003.”.

Amend the title of the bill, fifth line, after “insurers;” by inserting: “requiring certain policies of health insurance and health care plans to include a provision committing to contract for services with any willing provider of health care with appropriate qualifications;”.

Amend the summary of the bill to read as follows:

“SUMMARY―Makes various changes concerning managed care organizations, health maintenance organizations and certain insurers. (BDR 57‑955)”.

Senator Neal moved the adoption of the amendment.

Remarks by Senators Neal, Townsend, Coffin and Raggio.

Senator Coffin disclosed that he is a health insurance broker.

Senator Raggio disclosed that he is a board member of a hospital.

Senators Rawson, Raggio and Hardy requested a roll call vote on Senator Neal’s motion.

Roll call on Senator Neal’s motion:

Yeas—5.

Nays—Amodei, Cegavske, Coffin, Hardy, Mathews, McGinness, Nolan, O'Connell, Raggio, Rawson, Rhoads, Schneider, Shaffer, Tiffany, Townsend, Washington—16.

The motion having failed to receive a majority, Madam President declared it lost.

Roll call on Assembly Bill No. 79:

Yeas—21.

Nays—None.

Assembly Bill No. 79 having received a two-thirds majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

SECOND READING AND AMENDMENT

Assembly Bill No. 151.

Bill read second time.

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

Amendment No. 583.

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

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

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

Senator Tiffany moved the adoption of the amendment.

Remarks by Senator Tiffany.

Amendment adopted.

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

Assembly Bill No. 451.

Bill read second time.

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

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)”.

Senator Hardy moved the adoption of the amendment.

Remarks by Senator Hardy.

Amendment adopted.

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

Assembly Bill No. 498.

Bill read second time.

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

Amendment No. 605.

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

“Section 1. Chapter 118B of NRS is hereby amended by adding thereto a new section to read as follows:

1. The landlord of a manufactured home park shall post in a conspicuous and readily accessible place in the community or recreational facility in the manufactured home park, at or near the entrance of the manufactured home park or in another common area in the manufactured home park, a legible and typewritten sign that contains the following contact information regarding the Division in substantially the following form:

TENANTS OF MANUFACTURED HOME PARKS ARE ENTITLED TO CERTAIN RIGHTS UNDER NEVADA REVISED STATUTES

To obtain information regarding your rights as a tenant under Nevada Revised Statutes, you may contact the Manufactured Housing Division of the Department of Business and Industry as follows:

SOUTHERN NEVADA:

(The address of the Division in Southern Nevada)

(The local telephone number of the Division in Southern Nevada)

NORTHERN NEVADA:

(The address of the Division in Northern Nevada)

(The local telephone number of the Division in Northern Nevada)

INTERNET:

(The Internet address of the Division)

2. The Division shall notify each landlord if any of the contact information regarding the Division changes. Not later than 30 days after receiving such a notice from the Division, the landlord shall replace the existing sign with a new sign that contains the new contact information regarding the Division.”.

Amend the bill as a whole by renumbering sections 4 through 12 as sections 6 through 14 and adding a new section designated sec. 5, following sec. 3, to read as follows:

“Sec. 5. NRS 118B.070 is hereby amended to read as follows:

118B.070 1. The landlord shall provide:

~~[1.]~~ (a) Each new tenant with a copy of the current text of the provisions of this chapter with the rental agreement at the time the tenant signs the agreement.

~~[2.]~~ (b) Each tenant with a copy of each provision of this chapter which is added, amended or repealed within 90 days after the provisions become effective.

2. When the landlord provides a tenant with a copy of any of the provisions of this chapter pursuant to subsection 1, the copy must contain a legible and typewritten statement that contains the following contact information regarding the Division in substantially the following form:

TENANTS OF MANUFACTURED HOME PARKS ARE ENTITLED TO CERTAIN RIGHTS UNDER NEVADA REVISED STATUTES

To obtain information regarding your rights as a tenant under Nevada Revised Statutes, you may contact the Manufactured Housing Division of the Department of Business and Industry as follows:

SOUTHERN NEVADA:

(The address of the Division in Southern Nevada)

(The local telephone number of the Division in Southern Nevada)

NORTHERN NEVADA:

(The address of the Division in Northern Nevada)

(The local telephone number of the Division in Northern Nevada)

INTERNET:

(The Internet address of the Division)”.

Senator Hardy moved the adoption of the amendment.

Remarks by Senator Hardy.

Amendment adopted.

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

Assembly Bill No. 214.

Bill read second time and ordered to third reading.

Assembly Bill No. 221.

Bill read second time and ordered to third reading.

Assembly Bill No. 233.

Bill read second time and ordered to third reading.

Assembly Bill No. 235.

Bill read second time and ordered to third reading.

Assembly Bill No. 245.

Bill read second time and ordered to third reading.

Assembly Bill No. 285.

Bill read second time and ordered to third reading.

Assembly Bill No. 344.

Bill read second time and ordered to third reading.

Assembly Bill No. 375.

Bill read second time and ordered to third reading.

Assembly Bill No. 421.

Bill read second time and ordered to third reading.

Assembly Bill No. 424.

Bill read second time and ordered to third reading.

Assembly Bill No. 539.

Bill read second time and ordered to third reading.

MOTIONS, RESOLUTIONS AND NOTICES

Senator Raggio moved that Assembly Bill No. 155 be moved to the top of the General File.

Remarks by Senator Raggio.

Motion carried.

GENERAL FILE AND THIRD READING

Assembly Bill No. 155.

Bill read third time.

The following amendment was proposed by Senator Nolan:

Amendment No. 695.

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

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

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

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

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

4. As used in this section:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(a) Reflect convictions only; or

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

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

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

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

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

(d) The State Board of Nursing.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(s) The Commissioner of Insurance.

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

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

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

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

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

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

2. The date on which the information was provided;

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

4. A brief description of the information provided.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(a) Exercise supervisory or disciplinary control over children;

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

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

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

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

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

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

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

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

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

(a) A sexual offense;

(b) Murder, voluntary manslaughter or mayhem;

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

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

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

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

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

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

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

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

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

Amend sec. 2, page 5, line 22, by deleting “sexual offenses” and inserting: “~~[sexual]~~ the offenses listed in subsection 4 of NRS 179A.190”.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(b) Was unable to obtain the information because the employee refused to consent to the search and release of the information, and the employer hired or retained the employee despite this refusal.

The amount of damages for which an employer is liable pursuant to this subsection must be reduced by the amount of damages recovered by the child in an action against the employee for damages sustained as a result of ~~[the sexual offense.]~~ an offense listed in subsection 4 of NRS 179A.190.

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

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

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

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

5. For the purposes of subsection 2:

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

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

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

179A.240 A person who knowingly and willfully:

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

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

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

is guilty of a misdemeanor.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(4) The approximate age of the subject of the search.

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

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

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

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

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

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

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

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

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

(a) Charge a fee to the requester;

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

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

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

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

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

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

“

TEXT OF REPEALED SECTION

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

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

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

Amend the summary of the bill to read as follows:

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

Senator Nolan moved the adoption of the amendment.

Remarks by Senator Nolan.

Amendment adopted.

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

Senate Bill No. 46.

Bill read third time.

Remarks by Senators Neal and Raggio.

Roll call on Senate Bill No. 46:

Yeas—20.

Nays—None.

Excused—Townsend.

Senate Bill No. 46 having received a constitutional majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

Senate Bill No. 49.

Bill read third time.

Roll call on Senate Bill No. 49:

Yeas—20.

Nays—None.

Excused—Townsend.

Senate Bill No. 49 having received a constitutional majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

Senate Bill No. 81.

Bill read third time.

Roll call on Senate Bill No. 81:

Yeas—20.

Nays—None.

Excused—Townsend.

Senate Bill No. 81 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Senate Bill No. 216.

Bill read third time.

The following amendment was proposed by Senator Rawson:

Amendment No. 588.

Amend sec. 2, page 2, by deleting lines 42 through 44 and inserting: “Planning Agency and Colorado River Commission of Nevada created by section 3 of this act.”.

Amend sec. 3, page 3, by deleting lines 3 through 5 and inserting: “Planning Agency and Colorado River Commission of Nevada consisting of three members of the Senate and three”.

Amend sec. 3, page 3, by deleting lines 9 and 10 and inserting: “resources. The members must be appointed to provide representation”.

Amend sec. 5, page 4, by deleting lines 6 through 27 and inserting: “Regional Planning Agency and Colorado River Commission of Nevada;

2. Review the budget, programs, activities, responsiveness and accountability of the Tahoe Regional Planning Agency and the Colorado River Commission of Nevada in such a manner as deemed necessary and appropriate by the Committee;

3. Study the role, authority and activities of:

(a) The Tahoe Regional Planning Agency regarding the Lake Tahoe Basin; and

(b) The Colorado River Commission of Nevada regarding the Colorado River and Lake Mead; and

4. Continue to communicate with members of the Legislature of the State of California to achieve the goals set forth in the Tahoe Regional Planning Compact.”.

Amend the bill as a whole by deleting sec. 9 and renumbering sec. 10 as sec. 9.

Amend the bill as a whole by deleting the text of the repealed section.

Amend the preamble of the bill, page 2, by deleting lines 20 through 25.

Amend the title of the bill by deleting the third through fifth lines and inserting: “Regional Planning Agency and Colorado River Commission of Nevada; providing the powers and”.

Amend the summary of the bill to read as follows:

“SUMMARY—Creates interim legislative committee to review Tahoe Regional Planning Compact and oversee Tahoe Regional Planning Agency and Colorado River Commission of Nevada. (BDR 17‑175)”.

Senator Rawson moved the adoption of the amendment.

Remarks by Senators Rawson, Neal, Amodei, Washington, Rhoads and Titus.

Senators O'Connell, Nolan and Rawson moved the previous question.

Motion carried.

The question being on the adoption of Amendment No. 588 to Senate Bill No. 216.

Senators Rawson, Titus and Wiener requested a roll call vote on Senator Rawson’s motion.

Roll call on Senator Rawson's motion:

Yeas—10.

Nays—Amodei, Care, Cegavske, McGinness, Nolan, O'Connell, Schneider, Shaffer, Tiffany, Washington—10.

Excused—Townsend.

Madam President declared the vote on Senator Rawson's motion to adopt Amendment No. 588 to Senate Bill No. 216 was 10 to 10 and she would exercise her Constitutional right and vote to break the tie.

Madam President voted "Yea."

The motion having received a majority, Madam President declared it carried.

Amendment adopted.

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

Senate Bill No. 413.

Bill read third time.

Roll call on Senate Bill No. 413:

Yeas—20.

Nays—None.

Excused—Townsend.

Senate Bill No. 413 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Senate Bill No. 494.

Bill read third time.

Roll call on Senate Bill No. 494:

Yeas—20.

Nays—None.

Excused—Townsend.

Senate Bill No. 494 having received a constitutional majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

MOTIONS, RESOLUTIONS AND NOTICES

Senator Raggio moved that Assembly Bills Nos. 103, 212, 231, 232, 294, 315, 396, 448, 509, 510 be taken from the General File and placed on the General File for the next legislative day.

Remarks by Senator Raggio.

Motion carried.

UNFINISHED BUSINESS

Signing of Bills and Resolutions

There being no objections, the President and Secretary signed Senate Concurrent Resolutions Nos. 11, 35.

GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR

On request of Senator McGinness, the privilege of the floor of the Senate Chamber for this day was extended to Virginia Ridgway and Dee McGinness.

On request of Senator O'Connell, the privilege of the floor of the Senate Chamber for this day was extended to the following students, chaperones and faculty from the Green Valley Christian School: Ashley Adams, Rebecca Aquino, Krystal Belmonte, Timothy Berglund, Mackenzie Burridge, Alexa Coury-Midby, Jacob Forsberg, Destiny Gillin, Kelsey Kaye, Brittany Mobley, Corissa Orlandos, Lauren Painter, Christopher Pascoe, Sean Pascoe, Steven Paulson, Michael Reynard, Stephen Rodilloso, Jordan Stansbury, Andrea Tarnai, Kristen Watkins, Reynald Williams, Brandin Wilson; chaperones: Kelly Adams, Mabel Aquino, Tina Berglund, Jill Burridge, Patricia Cunningham, Hali Gillin, Arlene Midby, Jacqueline Mobley, Denise Painter, Lih Lin Paulson, Kenneth Reynard, Tina Rodilloso, Ruth Santos, Deanna Stansbury, Yolanda Wilson and teacher: Tanceana Reynard.

On request of Senator Rawson, the privilege of the floor of the Senate Chamber for this day was extended to Jane Chen and Lou Hong.

Senator Raggio moved that the Senate adjourn until Wednesday, May 14, 2003, at 11 a.m.

Motion carried.

Senate adjourned at 1:05 p.m.

Approved: Lorraine T. Hunt

President of the Senate

Attest: Claire J. Clift

Secretary of the Senate