NEVADA LEGISLATURE

THE ONE HUNDRED AND TENTH DAY

Carson City (Friday), May 23, 2003

Senate called to order at 12:17 p.m.

President Hunt presiding.

Roll called.

All present.

Prayer by the Chaplain, Pastor Albert Tilstra.

We know, O Lord, that You are not impressed with just a lot of words. We, singly, ask that You be with these Senators as they deliberate the issues for the needs of the people of this State.

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 was referred Assembly Bill No. 493, 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 Finance, to which were referred Senate Bills Nos. 258, 352; Assembly Bill No. 326, 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 Finance, to which were re-referred Senate Bills Nos. 106, 420, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

William J. Raggio, Chairman

Madam President:

Your Committee on Government Affairs, to which were referred Assembly Bills Nos. 401, 529, 541, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Ann O'Connell, Chairman

Madam President:

Your Committee on Human Resources and Facilities, to which were referred Assembly Bill No. 504; Assembly Joint Resolution No. 15, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Raymond D. Rawson, Chairman

Madam President:

Your Committee on Judiciary, to which was referred Assembly Bill No. 475, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Also, your Committee on Judiciary, to which was referred Assembly Bill No. 16, 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

Madam President:

Your Committee on Natural Resources, to which were referred Senate Joint Resolution No. 10; Assembly Bills Nos. 41, 130; Assembly Joint Resolutions Nos. 5, 6, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Dean A. Rhoads, Chairman

Madam President:

Your Committee on Taxation, to which was referred Assembly Bill No. 514, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Mike McGinness, Chairman

Madam President:

Your Committee on Transportation, to which was referred Assembly Bill No. 267, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Also, your Committee on Transportation, to which was referred Assembly Bill No. 394, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Raymond C. Shaffer, Chairman

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, May 21, 2003

To the Honorable the Senate:

I have the honor to inform your honorable body that the Assembly on this day passed Senate Bills Nos. 10, 73, 90, 125, 323, 353, 424, 428, 434, 450, 465, 466, 467.

Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bills Nos. 29, 515.

Also, I have the honor to inform your honorable body that the Assembly amended, and on this day passed, as amended, Senate Bill No. 78, Amendment No. 735; Senate Bill No. 144, Amendment No. 592; Senate Bill No. 181, Amendment No. 646; Senate Bill No. 432, Amendment No. 625; Senate Bill No. 439, Amendment No. 781; Senate Bill No. 440, Amendment No. 752; Senate Bill No. 469, Amendment No. 640, and respectfully requests your honorable body to concur in said amendments.

Also, I have the honor to inform your honorable body that the Assembly on this day adopted Assembly Concurrent Resolution No. 28.

Also, I have the honor to inform your honorable body that the Assembly on this day concurred in the Senate Amendment No. 579 to Assembly Bill No. 205; Senate Amendment No. 692 to Assembly Bill No. 437; Senate Amendment No. 633 to Assembly Bill No. 485; Senate Amendment No. 662 to Assembly Bill No. 522.

Also, I have the honor to inform your honorable body that the Assembly on this day respectfully refused to concur in the Senate Amendment No. 607 to Assembly Bill No. 81; Senate Amendment No. 678 to Assembly Bill No. 114; Senate Amendment No. 722 to Assembly Bill No. 218.

Diane Keetch

Assistant Chief Clerk of the Assembly

Assembly Chamber, Carson City, May 22, 2003

To the Honorable the Senate:

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

Also, I have the honor to inform your honorable body that the Assembly on this day adopted, as amended, Assembly Concurrent Resolution No. 10.

Also, I have the honor to inform your honorable body that the Assembly on this day concurred in the Senate Amendment No. 708 to Assembly Bill No. 419; Senate Amendment No. 673 to Assembly Bill No. 507.

Also, I have the honor to inform your honorable body that the Assembly on this day concurred in Senate Amendment No. 719 to Assembly Bill No. 78 and respectfully refused to concur in Senate Amendment No. 773 to Assembly Bill No. 78.

Also, I have the honor to inform your honorable body that the Assembly on this day respectfully refused to concur in the Senate Amendment No. 606 to Assembly Bill No. 32; Senate Amendment No. 657 to Assembly Bill No. 73; Senate Amendment No. 751 to Assembly Bill No. 353; Senate Amendment No. 605 to Assembly Bill No. 498.

Also, I have the honor to inform your honorable body that the Assembly on this day respectfully refused to recede from its action on Senate Bill No. 206, Assembly Amendment No. 654, and requests a conference, and appointed Assemblymen Anderson, Sherer and Horne as a first Conference Committee to meet with a like committee of the Senate.

Also, I have the honor to inform your honorable body that the Assembly on this day respectfully refused to recede from its action on Senate Bill No. 207, Assembly Amendment No. 619, and requests a conference, and appointed Assemblymen Horne, Carpenter and Ohrenschall as a first Conference Committee to meet with a like committee of the Senate.

Also, I have the honor to inform your honorable body that the Assembly on this day appointed Assemblymen Anderson, Carpenter and Conklin as a first Conference Committee concerning Assembly Bill No. 155.

Diane Keetch

Assistant Chief Clerk of the Assembly

MOTIONS, RESOLUTIONS AND NOTICES

Assembly Concurrent Resolution No. 10.

Senator Rawson moved that the resolution be referred to the Committee on Legislative Affairs and Operations.

Motion carried.

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

Senator Washington moved the adoption of the resolution.

Remarks by Senator Washington.

Resolution adopted.

Resolution ordered transmitted to the Assembly.

Senator Amodei moved that Assembly Bill No. 163 be taken from the Secretary's desk and placed on the bottom of the General File.

Remarks by Senator Amodei.

Motion carried.

Senator Amodei moved that Assembly Bill No. 320 be taken from the Secretary's desk and placed on the top of the Second Reading File.

Remarks by Senator Amodei.

Motion carried.

Senator Raggio moved that Assembly Bill No. 284 be taken from the General File and re-referred to the Committee on Finance.

Remarks by Senator Raggio.

Motion carried.

Senator Raggio moved that Assembly Bill No. 358 be taken from the Secretary's desk and placed on the bottom of the General File.

Remarks by Senator Raggio.

Motion carried.

Senator Raggio moved that for this legislative day, the Secretary of the Senate dispense with reading the histories and titles of all bills and resolutions.

Motion carried.

Senator Raggio moved that for this legislative day, all bills and resolutions reported out of committee with amendments be immediately placed on the appropriate files, time permitting.

Remarks by Senator Raggio.

Motion carried.

Senator Raggio moved that for this legislative day, that all necessary rules be suspended, reading so far had considered second reading, rules further suspended, and that all bills and joint resolutions reported out of committee with a “do pass” (without amendments) be declared emergency measures under the Constitution and placed on third reading and final passage, time permitting.

Remarks by Senator Raggio.

Motion carried unanimously.

Senator Raggio moved that all rules be suspended, reading so far had considered second reading, rules further suspended and that Senate Bill No. 496 be declared emergency measures under the Constitution and placed on the bottom of third reading and final passage on the first agenda.

Remarks by Senator Raggio.

Motion carried unanimously.

Senator Raggio moved that all rules be suspended, reading so far had considered second reading, rules further suspended and that Assembly Bill No. 471 be declared emergency measures under the Constitution and placed on the bottom of third reading and final passage on the first agenda.

Remarks by Senator Raggio.

Motion carried unanimously.

Senator Amodei moved that Assembly Bill No. 320 be taken as the next order of business.

Remarks by Senator Amodei.

Motion carried.

Senator Raggio moved to take Assembly Bills Nos. 163, 358 on the General File as the second order of business and take the Second Reading File on the second agenda as the next order of business.

Remarks by Senator Raggio.

Motion carried.

Senator Coffin moved that Assembly Bill No. 502 be taken from the General File and placed on the bottom of the General File on the next agenda.

Remarks by Senator Coffin.

Motion carried.

Senator O'Connell moved that Assembly Bill No. 499 be taken from the General File and placed on the Secretary’s desk.

Remarks by Senator O'Connell.

Motion carried.

Senator McGinness moved that Assembly Bill No. 160 be taken from the Secretary's desk and placed on the bottom of the General File.

Remarks by Senator McGinness.

Motion carried.

Senator Nolan moved that Assembly Bills Nos. 57, 239 be taken from the Secretary's desk and placed on the bottom of the General File.

Remarks by Senator Nolan.

Motion carried.

Senator Care moved that Assembly Bill No. 89 be taken from the Secretary's desk and placed on the bottom of the General File.

Remarks by Senator Care.

Motion lost on a division of the house.

Senator Washington moved that Assembly Bill No. 396 be taken from the Secretary's desk and placed on the bottom of the General File.

Remarks by Senator Washington.

Motion carried.

Senator Carlton moved that Assembly Bill No. 144 be taken from the Secretary's desk and placed on the bottom of the General File.

Remarks by Senator Carlton.

Motion carried on a division of the house.

Senator Nolan moved that Assembly Bill No. 58 be taken from the Secretary's desk and placed on the bottom of the General File.

Remarks by Senators Nolan and Rhoads.

Motion lost.

Senator Schneider moved that Assembly Bill No. 236 be placed on the bottom of the General File.

Remarks by Senator Schneider.

Motion carried.

Senator Townsend moved that Senate Bills Nos. 21, 168, 223 be placed on the bottom of the General File.

Remarks by Senator Townsend.

Motion carried.

SECOND READING AND AMENDMENT

Assembly Bill No. 320.

Bill read second time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 742.

Amend sec. 3, page 4, by deleting lines 20 through 26 and inserting:

“7. The Commissioner may require an administrator to provide evidence which demonstrates that the administrator has substantially complied with the requirements set forth in this section, including, without limitation, payment within 30 days of at least 95 percent of approved claims or at least 90 percent of the total dollar amount for approved claims.”.

Amend sec. 3, page 4, line 27, by deleting “(b)” and inserting “8.”.

Amend sec. 3, pages 4 and 5, by deleting lines 31 through 44 on page 4 and lines 1 and 2 on page 5, and inserting: “Commissioner. Upon a second or subsequent determination that an administrator is not in substantial compliance with the requirements set forth in this section, the Commissioner may suspend or revoke the certificate of registration of the administrator.”.

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

“Sec. 4. (Deleted by amendment.)”.

Amend sec. 5, page 6, line 18, after “to” by inserting: “paragraph (a) of”.

Amend sec. 5, page 6, by deleting line 22 and inserting: “interested person, and any association of persons or organization whose members may be affected, may intervene as a matter of right in”.

Amend sec. 5, page 6, line 25, by deleting “686B.050.” and inserting: “686B.050 and subsection 2 of NRS 686B.070.”.

Amend the bill as a whole by deleting sec. 8 and adding new sections designated sections 8 through 8.7, following sec. 7, to read as follows:

“Sec. 8. NRS 686B.070 is hereby amended to read as follows:

686B.070 1. Every authorized insurer and every rate service organization licensed under NRS ~~[686B.130]~~ 686B.140 which has been designated by any insurer for the filing of rates under subsection 2 of NRS 686B.090 shall file with the Commissioner all:

~~[1.]~~ (a) Rates and proposed increases thereto;

~~[2.]~~ (b) Forms of policies to which the rates apply;

~~[3.]~~ (c) Supplementary rate information; and

~~[4.]~~ (d) Changes and amendments thereof,

made by it for use in this state.

2. If an insurer makes a filing for a proposed increase in a rate for insurance covering the liability of a practitioner licensed pursuant to chapter 630, 631, 632 or 633 of NRS for a breach of his professional duty toward a patient, the insurer shall not include in the filing any component that is directly or indirectly related to the following:

(a) Capital losses, diminished cash flow from any dividends, interest or other investment returns, or any other financial loss that is materially outside of the claims experience of the professional liability insurance industry, as determined by the Commissioner.

(b) Losses that are the result of any criminal or fraudulent activities of a director, officer or employee of the insurer.

If the Commissioner determines that a filing includes any such component, the Commissioner shall, pursuant to NRS 686B.110, disapprove the proposed increase, in whole or in part, to the extent that the proposed increase relies upon such a component.

Sec. 8.3. NRS 686B.090 is hereby amended to read as follows:

686B.090 1. An insurer shall establish rates and supplementary rate information for any market segment based on the factors in NRS 686B.060. If an insurer has insufficient creditable loss experience, it may use rates and supplementary rate information prepared by a rate service organization, with modification for its own expense and loss experience.

2. An insurer may discharge its obligation under subsection 1 of NRS 686B.070 by giving notice to the Commissioner that it uses rates and supplementary rate information prepared by a designated rate service organization, with such information about modifications thereof as are necessary fully to inform the Commissioner. The insurer’s rates and supplementary rate information shall be deemed those filed from time to time by the rate service organization, including any amendments thereto as filed, subject ~~[, however,]~~ to the modifications filed by the insurer.

Sec. 8.7. NRS 686B.110 is hereby amended to read as follows:

686B.110 1. The Commissioner shall consider each proposed increase or decrease in the rate of any kind or line of insurance or subdivision thereof filed with him pursuant to subsection 1 of NRS 686B.070. If the Commissioner finds that a proposed increase will result in a rate which is not in compliance with NRS 686B.050 ~~[,]~~ or subsection 2 of NRS 686B.070, he shall disapprove the proposal. The Commissioner shall approve or disapprove each proposal no later than 60 days after it is determined by him to be complete pursuant to subsection 4. If the Commissioner fails to approve or disapprove the proposal within that period, the proposal shall be deemed approved.

2. Whenever an insurer has no legally effective rates as a result of the Commissioner’s disapproval of rates or other act, the Commissioner shall on request specify interim rates for the insurer that are high enough to protect the interests of all parties and may order that a specified portion of the premiums be placed in an escrow account approved by him. When new rates become legally effective, the Commissioner shall order the escrowed funds or any overcharge in the interim rates to be distributed appropriately, except that refunds to policyholders that are de minimis must not be required.

3. If the Commissioner disapproves a proposed rate and an insurer requests a hearing to determine the validity of his action, the insurer has the burden of showing compliance with the applicable standards for rates established in NRS 686B.010 to 686B.1799, inclusive. Any such hearing must be held:

(a) Within 30 days after the request for a hearing has been submitted to the Commissioner; or

(b) Within a period agreed upon by the insurer and the Commissioner.

If the hearing is not held within the period specified in paragraph (a) or (b), or if the Commissioner fails to issue an order concerning the proposed rate for which the hearing is held within 45 days after the hearing, the proposed rate shall be deemed approved.

4. The Commissioner shall by regulation specify the documents or any other information which must be included in a proposal to increase or decrease a rate submitted to him pursuant to subsection 1. Each such proposal shall be deemed complete upon its filing with the Commissioner, unless the Commissioner, within 15 business days after the proposal is filed with him, determines that the proposal is incomplete because the proposal does not comply with the regulations adopted by him pursuant to this subsection.”.

Amend sec. 9, page 9, by deleting line 35 and inserting: “this section, if:

(1) The insured is actively undergoing a medically necessary course of treatment; and

(2) The provider of health care and the insured agree that the continuity of care is desirable.”.

Amend sec. 9, page 9, by deleting lines 38 through 40 and inserting: “provides to the insured pursuant to this section, if the provider of health care agrees:

(1) To provide medical treatment under the terms of the contract between the provider of health care and the insurer with regard to the insured, including, without limitation, the rates of payment for providing medical service, as those terms existed before the termination of the contract between the provider of health care and the insurer; and

(2) Not to seek payment from the insured for any medical service provided by the provider of health care that the provider of health care could not have received from the insured were the provider of health care still under contract with the insurer.”.

Amend sec. 9, page 9, line 43, by deleting “180th” and inserting “120th”.

Amend sec. 9, page 10, line 7, by deleting: “incompetence or misconduct” and inserting: “medical incompetence or professional misconduct”.

Amend sec. 10, pages 10 and 11, by deleting lines 23 through 44 on page 10 and lines 1 through 13 on page 11, and inserting: “to provide health care to an insured unless the insurer uses the form prescribed by the Commissioner pursuant to section 40.3 of this act to obtain any information related to the credentials of the provider of health care.

3. A contract between an insurer and a provider of health care may be modified:

(a) At any time pursuant to a written agreement executed by both parties.

(b) Except as otherwise provided in this paragraph, by the insurer upon giving to the provider 30 days’ written notice of the modification. If the provider fails to object in writing to the modification within the 30-day period, the modification becomes effective at the end of that period. If the provider objects in writing to the modification within the 30-day period, the modification must not become effective unless agreed to by both parties as described in paragraph (a).

4. If an insurer contracts with a provider of health care to”.

Amend sec. 10, page 11, between lines 21 and 22, by inserting:

“5. As used in this section, “provider of health care” means a provider of health care who is licensed pursuant to chapter 630, 631, 632 or 633 of NRS.”.

Amend sec. 12, page 12, by deleting lines 23 through 29 and inserting:

“7. The Commissioner may require an insurer to provide evidence which demonstrates that the insurer has substantially complied with the requirements set forth in this section, including, without limitation, payment within 30 days of at least 95 percent of approved claims or at least 90 percent of the total dollar amount for approved claims.”.

Amend sec. 12, page 12, line 30, by deleting “(b)” and inserting “8.”.

Amend sec. 12, pages 12 and 13, by deleting lines 34 through 45 on page 12 and lines 1 through 3 on page 13, and inserting: “Commissioner. Upon a second or subsequent determination that an insurer is not in substantial compliance with the requirements set forth in this section, the Commissioner may suspend or revoke the certificate of authority of the insurer.”.

Amend sec. 13, page 13, by deleting line 17 and inserting: “this section, if:

(1) The insured is actively undergoing a medically necessary course of treatment; and

(2) The provider of health care and the insured agree that the continuity of care is desirable.”.

Amend sec. 13, page 13, by deleting lines 20 through 22 and inserting: “provides to the insured pursuant to this section, if the provider of health care agrees:

Amend sec. 13, page 13, line 25, by deleting “180th” and inserting “120th”.

Amend sec. 13, page 13, line 34, by deleting: “incompetence or misconduct” and inserting: “medical incompetence or professional misconduct”.

Amend sec. 14, page 14, by deleting lines 8 through 42 and inserting: “unless the insurer uses the form prescribed by the Commissioner pursuant to section 40.3 of this act to obtain any information related to the credentials of the provider of health care.

3. A contract between an insurer specified in subsection 1 and a provider of health care may be modified:

(a) At any time pursuant to a written agreement executed by both parties.

4. If an insurer specified in subsection 1 contracts with a”.

Amend sec. 14, page 15, between lines 7 and 8, by inserting:

“5. As used in this section, “provider of health care” means a provider of health care who is licensed pursuant to chapter 630, 631, 632 or 633 of NRS.”.

Amend sec. 15, page 16, by deleting lines 1 through 7 and inserting:

Amend sec. 15, page 16, line 8, by deleting “(b)” and inserting “8.”.

Amend sec. 15, page 16, by deleting lines 12 through 26 and inserting: “Commissioner. Upon a second or subsequent determination that an insurer is not in substantial compliance with the requirements set forth in this section, the Commissioner may suspend or revoke the certificate of authority of the insurer.”.

Amend sec. 16, pages 16 and 17, by deleting lines 35 through 44 on page 16 and lines 1 through 25 on page 17, and inserting: “unless the carrier uses the form prescribed by the Commissioner pursuant to section 40.3 of this act to obtain any information related to the credentials of the provider of health care.

3. A contract between a carrier specified in subsection 1 and a provider of health care may be modified:

(a) At any time pursuant to a written agreement executed by both parties.

(b) Except as otherwise provided in this paragraph, by the carrier upon giving to the provider 30 days’ written notice of the modification. If the provider fails to object in writing to the modification within the 30-day period, the modification becomes effective at the end of that period. If the provider objects in writing to the modification within the 30-day period, the modification must not become effective unless agreed to by both parties as described in paragraph (a).

4. If a carrier specified in subsection 1 contracts with a”.

Amend sec. 16, page 17, between lines 34 and 35, by inserting:

“5. As used in this section, “provider of health care” means a provider of health care who is licensed pursuant to chapter 630, 631, 632 or 633 of NRS.”.

Amend sec. 17, page 18, by deleting lines 29 through 35 and inserting:

“7. The Commissioner may require a carrier to provide evidence which demonstrates that the carrier has substantially complied with the requirements set forth in this section, including, without limitation, payment within 30 days of at least 95 percent of approved claims or at least 90 percent of the total dollar amount for approved claims.”.

Amend sec. 17, page 18, line 36, by deleting “(b)” and inserting “8.”.

Amend sec. 17, pages 18 and 19, by deleting lines 40 through 44 on page 18 and lines 1 through 10 on page 19, and inserting: “Commissioner. Upon a second or subsequent determination that a carrier is not in substantial compliance with the requirements set forth in this section, the Commissioner may suspend or revoke the certificate of authority of the carrier.”.

Amend the bill as a whole by deleting sec. 19 and adding a new section designated sec. 19, following sec. 18, to read as follows:

“Sec. 19. If a settlement or judgment exceeds the limits of the coverage provided by a policy of insurance covering the liability of a practitioner licensed pursuant to chapter 630, 631, 632 or 633 of NRS for a breach of his professional duty toward a patient, the Commissioner shall review the settlement or judgment. If the Commissioner finds, after notice and a hearing, or upon waiver of hearing by the insurer, that the insurer who issued the policy violated any provision of this code with regard to the settlement or judgment, any combination of such settlements or judgments, or any proceedings related thereto, the Commissioner may suspend, limit or revoke the insurer’s certificate of authority.”.

Amend sec. 21, page 19, line 33, by deleting “1.”.

Amend sec. 21, pages 19 and 20, by deleting lines 37 through 45 on page 19 and lines 1 through 11 on page 20, and inserting: “rate that is higher than the standard rate of the insurer for the applicable type of policy and specialty of the practitioner, the insurer shall, upon the request of the practitioner, disclose the reasons the insurer set the premium for the policy at the higher rate.”.

Amend sec. 22, pages 20 and 21, by deleting lines 12 through 45 on page 20 and lines 1 through 28 on page 21, and inserting:

“Sec. 22. 1. Except as otherwise provided in this section, if an insurer intends to cancel, terminate or otherwise not renew all policies of professional liability insurance that it has issued to any class, type or specialty of practitioner licensed pursuant to chapter 630, 631 or 633 of NRS, the insurer must provide 120 days’ notice of its intended action to the Commissioner and the practitioners before its intended action becomes effective.

2. If an insurer intends to cancel, terminate or otherwise not renew a specific policy of professional liability insurance that it has issued to a practitioner who is practicing in one or more of the essential medical specialties designated by the Commissioner:

(a) The insurer must provide 120 days’ notice to the practitioner before its intended action becomes effective; and

(b) The Commissioner may require the insurer to delay its intended action for a period of not more than 60 days if the Commissioner determines that a replacement policy is not readily available to the practitioner.

3. If an insurer intends to cancel, terminate or otherwise not renew all policies of professional liability insurance that it has issued to practitioners who are practicing in one or more of the essential medical specialties designated by the Commissioner:

(a) The insurer must provide 120 days’ notice of its intended action to the Commissioner and the practitioners before its intended action becomes effective; and

(b) The Commissioner may require the insurer to delay its intended action for a period of not more than 60 days if the Commissioner determines that replacement policies are not readily available to the practitioners.

4. On or before April 1 of each year, the Commissioner shall:

(a) Determine whether there are any medical specialties in this state which are essential as a matter of public policy and which must be protected pursuant to this section from certain adverse actions relating to professional liability insurance that may impair the availability of those essential medical specialties to the residents of this state; and

(b) Make a list containing the essential medical specialties designated by the Commissioner and provide the list to each insurer that issues policies of professional liability insurance to practitioners who are practicing in one or more of the essential medical specialties.

5. The Commissioner may adopt any regulations that are necessary to carry out the provisions of this section.

6. Until the Commissioner determines which, if any, medical specialties are to be designated as essential medical specialties, the following medical specialties shall be deemed to be essential medical specialties for the purposes of this section:

(a) Emergency medicine.

(b) Neurosurgery.

(c) Obstetrics and gynecology.

(d) Orthopedic surgery.

(e) Pediatrics.

(f) Trauma surgery.

7. As used in this section, “professional liability insurance” means insurance covering the liability of a practitioner for a breach of his professional duty toward a patient.”.

Amend sec. 23, pages 21 and 22, by deleting lines 34 through 45 on page 21 and lines 1 through 23 on page 22, and inserting: “to provide health care to an insured unless the society uses the form prescribed by the Commissioner pursuant to section 40.3 of this act to obtain any information related to the credentials of the provider of health care.

3. A contract between a society and a provider of health care may be modified:

(a) At any time pursuant to a written agreement executed by both parties.

(b) Except as otherwise provided in this paragraph, by the society upon giving to the provider 30 days’ written notice of the modification. If the provider fails to object in writing to the modification within the 30-day period, the modification becomes effective at the end of that period. If the provider objects in writing to the modification within the 30-day period, the modification must not become effective unless agreed to by both parties as described in paragraph (a).

4. If a society contracts with a provider of health care to”.

Amend sec. 23, page 22, between lines 31 and 32, by inserting:

“5. As used in this section, “provider of health care” means a provider of health care who is licensed pursuant to chapter 630, 631, 632 or 633 of NRS.”.

Amend sec. 24, page 23, by deleting line 3 and inserting: “this section, if:

(1) The insured is actively undergoing a medically necessary course of treatment; and

(2) The provider of health care and the insured agree that the continuity of care is desirable.”.

Amend sec. 24, page 23, by deleting lines 7 and 8 and inserting: “this section, if the provider of health care agrees:

(1) To provide medical treatment under the terms of the contract between the provider of health care and the hospital or medical service corporation with regard to the insured, including, without limitation, the rates of payment for providing medical service, as those terms existed before the termination of the contract between the provider of health care and the hospital or medical service corporation; and

Amend sec. 24, page 23, line 11, by deleting “180th” and inserting “120th”.

Amend sec. 24, page 23, line 21, by deleting: “incompetence or misconduct” and inserting: “medical incompetence or professional misconduct”.

Amend sec. 25, pages 23 and 24, by deleting lines 40 through 44 on page 23 and lines 1 through 30 on page 24, and inserting: “unless the corporation uses the form prescribed by the Commissioner pursuant to section 40.3 of this act to obtain any information related to the credentials of the provider of health care.

3. A contract between a corporation specified in subsection 1 and a provider of health care may be modified:

(a) At any time pursuant to a written agreement executed by both parties.

(b) Except as otherwise provided in this paragraph, by the corporation upon giving to the provider 30 days’ written notice of the modification. If the provider fails to object in writing to the modification within the 30-day period, the modification becomes effective at the end of that period. If the provider objects in writing to the modification within the 30-day period, the modification must not become effective unless agreed to by both parties as described in paragraph (a).

4. If a corporation specified in subsection 1 contracts with a”.

Amend sec. 25, page 24, between lines 39 and 40, by inserting:

“5. As used in this section, “provider of health care” means a provider of health care who is licensed pursuant to chapter 630, 631, 632 or 633 of NRS.”.

Amend sec. 26, page 25, by deleting lines 37 through 43 and inserting:

“7. The Commissioner may require a corporation to provide evidence which demonstrates that the corporation has substantially complied with the requirements set forth in this section, including, without limitation, payment within 30 days of at least 95 percent of approved claims or at least 90 percent of the total dollar amount for approved claims.”.

Amend sec. 26, page 25, line 44, by deleting “(b)” and inserting “8.”.

Amend sec. 26, page 26, by deleting lines 3 through 17 and inserting: “Commissioner. Upon a second or subsequent determination that a corporation is not in substantial compliance with the requirements set forth in this section, the Commissioner may suspend or revoke the certificate of authority of the corporation.”.

Amend sec. 27, page 26, by deleting line 33 and inserting: “this section, if:

(1) The insured is actively undergoing a medically necessary course of treatment; and

(2) The provider of health care and the insured agree that the continuity of care is desirable.”.

Amend sec. 27, page 26, by deleting lines 37 and 38 and inserting: “section, if the provider of health care agrees:

(1) To provide medical treatment under the terms of the contract between the provider of health care and the health maintenance organization with regard to the insured, including, without limitation, the rates of payment for providing medical service, as those terms existed before the termination of the contract between the provider of health care and the health maintenance organization; and

Amend sec. 27, page 26, line 41, by deleting “180th” and inserting “120th”.

Amend sec. 27, page 27, lines 5 and 6, by deleting: “incompetence or misconduct” and inserting: “medical incompetence or professional misconduct”.

Amend sec. 28, page 27, line 33, by deleting “chapter 686A,”.

Amend sec. 30, pages 28 and 29, by deleting lines 20 through 44 on page 28 and lines 1 through 11 on page 29, and inserting: “unless the health maintenance organization uses the form prescribed by the Commissioner pursuant to section 40.3 of this act to obtain any information related to the credentials of the provider of health care.

2. A contract between a health maintenance organization and a provider of health care may be modified:

(a) At any time pursuant to a written agreement executed by both parties.

(b) Except as otherwise provided in this paragraph, by the health maintenance organization upon giving to the provider 30 days’ written notice of the modification. If the provider fails to object in writing to the modification within the 30-day period, the modification becomes effective at the end of that period. If the provider objects in writing to the modification within the 30-day period, the modification must not become effective unless agreed to by both parties as described in paragraph (a).

3. If a health maintenance organization contracts with a”.

Amend sec. 30, page 29, between lines 20 and 21, by inserting:

“4. As used in this section, “provider of health care” means a provider of health care who is licensed pursuant to chapter 630, 631, 632 or 633 of NRS.”.

Amend sec. 31, page 30, by deleting lines 18 through 25 and inserting:

“7. The Commissioner may require a health maintenance organization to provide evidence which demonstrates that the health maintenance organization has substantially complied with the requirements set forth in this section, including, without limitation, payment within 30 days of at least 95 percent of approved claims or at least 90 percent of the total dollar amount for approved claims.”.

Amend sec. 31, page 30, line 26, by deleting “(b)” and inserting “8.”.

Amend sec. 31, page 30, line 30, after “Commissioner.” by inserting: “Upon a second or subsequent determination that a health maintenance organization is not in substantial compliance with the requirements set forth in this section, the Commissioner may suspend or revoke the certificate of authority of the health maintenance organization.”.

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

Amend sec. 33, page 32, by deleting line 35 and inserting: “this section, if:

(1) The insured is actively undergoing a medically necessary course of treatment; and

(2) The provider of health care and the insured agree that the continuity of care is desirable.”.

Amend sec. 33, page 32, by deleting lines 39 and 40 and inserting: “section, if the provider of health care agrees:

(1) To provide medical treatment under the terms of the contract between the provider of health care and the managed care organization with regard to the insured, including, without limitation, the rates of payment for providing medical service, as those terms existed before the termination of the contract between the provider of health care and the managed care organization; and

Amend sec. 33, page 32, line 43, by deleting “180th” and inserting “120th”.

Amend sec. 33, page 33, lines 7 and 8, by deleting: “incompetence or misconduct” and inserting: “medical incompetence or professional misconduct”.

Amend sec. 33.5, page 33, by deleting line 31 and inserting: “care organization shall comply with ~~[any]~~ :

(a) The provisions of chapter 686A of NRS, including all obligations and remedies set forth therein; and

(b) Any other applicable provision”.

Amend sec. 34, page 34, by deleting lines 6 through 41 and inserting: “unless the managed care organization uses the form prescribed by the Commissioner pursuant to section 40.3 of this act to obtain any information related to the credentials of the provider of health care.

2. A contract between a managed care organization and a provider of health care may be modified:

(a) At any time pursuant to a written agreement executed by both parties.

(b) Except as otherwise provided in this paragraph, by the managed care organization upon giving to the provider 30 days’ written notice of the modification. If the provider fails to object in writing to the modification within the 30-day period, the modification becomes effective at the end of that period. If the provider objects in writing to the modification within the 30-day period, the modification must not become effective unless agreed to by both parties as described in paragraph (a).

3. If a managed care organization contracts with a provider”.

Amend sec. 34, page 35, between lines 7 and 8, by inserting:

“4. As used in this section, “provider of health care” means a provider of health care who is licensed pursuant to chapter 630, 631, 632 or 633 of NRS.”.

Amend sec. 35, page 35, by deleting line 9 and inserting: “thereto a new section to read as follows:

1. In an action for damages for medical malpractice or dental malpractice in which the defendant is insured pursuant to a policy of insurance covering the liability of the defendant for a breach of his professional duty toward a patient:

(a) At any settlement conference, the judge may recommend that the action be settled for the limits of the policy of insurance.

(b) If the judge makes the recommendation described in paragraph (a), the defendant is entitled to obtain from independent counsel an opinion letter explaining the rights of, obligations of and potential consequences to the defendant with regard to the recommendation. The insurer shall pay the independent counsel to provide the opinion letter described in this paragraph, except that the insurer is not required to pay more than $1,500 to the independent counsel to provide the opinion letter.

2. The section does not:

(a) Prohibit the plaintiff from making any offer of settlement.

(b) Require an insurer to provide or pay for independent counsel for a defendant except as expressly provided in this section.”.

Amend the bill as a whole by deleting sections 36 and 37 and adding:

“Secs. 36 and 37. (Deleted by amendment.)”.

Amend the bill as a whole by deleting sec. 39.5 and adding:

“Sec. 39.5. (Deleted by amendment.)”.

Amend the bill as a whole by adding new sections designated sections 40.3 and 40.7, following sec. 40, to read as follows:

“Sec. 40.3. Chapter 629 of NRS is hereby amended by adding thereto a new section to read as follows:

1. Except as otherwise provided in subsection 2, the Commissioner of Insurance shall develop, prescribe for use and make available a single, standardized form for use by insurers, carriers, societies, corporations, health maintenance organizations and managed care organizations in obtaining any information related to the credentials of a provider of health care.

2. The provisions of subsection 1 do not prohibit the Commissioner of Insurance from developing, prescribing for use and making available:

(a) Appropriate variations of the form described in that subsection for use in different geographical regions of this state.

(b) Addenda or supplements to the form described in that subsection to address, until such time as a new form may be developed, prescribed for use and made available, any requirements newly imposed by the Federal Government, the State or one of its agencies, or a body that accredits hospitals, medical facilities or health care plans.

3. With respect to the form described in subsection 1, the Commissioner of Insurance shall:

(a) Hold public hearings to seek input regarding the development of the form;

(b) Develop the form in consideration of the input received pursuant to paragraph (a);

(c) Ensure that the form is developed in such a manner as to accommodate and reflect the different types of credentials applicable to different classes of providers of health care;

(d) Ensure that the form is developed in such a manner as to reflect standards of accreditation adopted by national organizations which accredit hospitals, medical facilities and health care plans; and

(e) Ensure that the form is developed to be used efficiently and is developed to be neither unduly long nor unduly voluminous.

4. As used in this section:

(a) “Carrier” has the meaning ascribed to it in NRS 689C.025.

(b) “Corporation” means a corporation operating pursuant to the provisions of chapter 695B of NRS.

(c) “Health maintenance organization” has the meaning ascribed to it in NRS 695C.030.

(d) “Insurer” means:

(1) An insurer that issues policies of individual health insurance in accordance with chapter 689A of NRS; and

(2) An insurer that issues policies of group health insurance in accordance with chapter 689B of NRS.

(e) “Managed care organization” has the meaning ascribed to it in NRS 695G.050.

(f) “Provider of health care” means a provider of health care who is licensed pursuant to chapter 630, 631, 632 or 633 of NRS.

(g) “Society” has the meaning ascribed to it in NRS 695A.044.

Sec. 40.7. 1. The Commissioner of Insurance shall develop, prescribe for use and make available the form described in section 40.3 of this act on or before July 1, 2004.

2. Notwithstanding the provisions of sections 10, 14, 16, 23, 25, 30 and 34 of this act, an insurer, carrier, society, corporation, health maintenance organization and managed care organization is not required to use the form described in section 40.3 of this act until the earlier of:

(a) The date by which the Commissioner of Insurance develops, prescribes for use and makes available that form; or

(b) July 1, 2004.”.

Amend the bill as a whole by adding a new section designated sec. 42, following sec. 41, to read as follows:

“Sec. 42. 1. This section and sections 40.3 and 40.7 of this act become effective upon passage and approval.

2. Sections 1 to 40, inclusive, and 41 of this act become effective on October 1, 2003.”.

Amend the title of the bill to read as follows:

“AN ACT relating to malpractice; providing for certain defendants in malpractice actions to receive specified information from independent counsel under certain circumstances; prohibiting certain organizations from charging a fee for including the name of a provider of health care on a panel of providers of health care under certain circumstances; prescribing the manner in which a contract with a provider of health care may be modified; requiring the development and use of a uniform form for obtaining information regarding the credentials of providers of health care for the purposes of contracts; requiring the submission of a schedule of payments to a provider of health care under certain circumstances; expanding the scope of certain deceptive trade practices to include health maintenance organizations; expanding the scope of statutorily defined unfair practices to include certain actions by managed care organizations; authorizing suspension, limitation and revocation of the authority of certain insuring entities for failure to timely pay approved claims or for violating provisions of the Nevada Insurance Code under certain circumstances; authorizing intervention in certain insurance ratemaking proceedings; requiring the Commissioner of Insurance to disapprove a proposed increase in rates for malpractice insurance under certain circumstances; prescribing procedures for withdrawal of certain insurers from the malpractice insurance market in this state; requiring disclosure of reasons for certain underwriting decisions; requiring certain policies of health insurance and health care plans to provide coverage for continued medical treatment by a provider of health care under certain circumstances; revising the circumstances under which the Commissioner of Insurance may suspend or revoke a certificate of authority issued to a health maintenance organization; requiring certain public organizations that provide health insurance to provide coverage for continued medical treatment by a provider of health care under certain circumstances; and providing other matters properly relating thereto.”.

Senator Amodei moved the adoption of the amendment.

Remarks by Senator Amodei.

Amendment adopted.

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

GENERAL FILE AND THIRD READING

Assembly Bill No. 163.

Bill read third time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 860.

Amend sec. 78, page 55, by deleting lines 40 through 44 and inserting: “those documents furnished by the secured party or the public utility to show the date and place of filing is:

(a) ~~[Twenty]~~ Forty dollars if the record is communicated in writing and consists of one or two pages;

(b) ~~[Forty]~~ Sixty dollars if the record is communicated in writing and consists of more than two pages, and ~~[$1]~~ $2 for each page over 20 pages;

(d) ~~[One dollar]~~ Two dollars for each additional debtor, trade name or reference to another name under which business is done.”.

Amend sec. 79, page 56, by deleting lines 2 through 12 and inserting:

“105.080 1. Upon the request of any person, the Secretary of State shall issue his certificate showing whether there is on file, on the date and hour stated therein, any presently effective security instrument naming a particular public utility and, if there is, giving the date and hour of filing of the instrument and the names and addresses of each secured party. The uniform fee for such a certificate is:

(a) ~~[Twenty]~~ Fifty dollars if the request is communicated in writing; and

(b) ~~[Fifteen]~~ Forty dollars if the request is communicated by another medium authorized by filing-office rule.

2. Upon request, the Secretary of State or a county recorder shall furnish a copy of any filed security instrument upon payment of the statutory fee for copies.”.

Amend sec. 85, page 61, line 23, by deleting “and 77” and inserting: “77 and 79.5”.

Amend sec. 85, page 61, after line 42, by inserting:

“4. Sections 78 and 79 of this act become effective at 12:01 a.m. on October 1, 2003.”.

Senator Amodei moved the adoption of the amendment.

Remarks by Senator Amodei.

Amendment adopted.

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

Assembly Bill No. 358.

Bill read third time.

The following amendment was proposed by Senator Raggio:

Amendment No. 852.

Amend section 1, page 1, line 2, by deleting “2” and inserting “1.5”.

Amend the bill as a whole by adding a new section designated sec. 1.5, following section 1, to read as follows:

“Sec. 1.5. 1. Except as otherwise provided in this subsection, the Department, in cooperation with Nevada Ducks Unlimited or its successor, shall design, prepare and issue license plates for the support of the conservation of wetlands, using any colors and designs that the Department deems appropriate. The Department shall not design, prepare or issue the license plates unless it receives at least 1,000 applications for the issuance of those plates.

2. If the Department receives at least 1,000 applications for the issuance of license plates for the support of the conservation of wetlands, the Department shall issue those plates for a passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates for the support of the conservation of wetlands if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates for the support of the conservation of wetlands pursuant to subsections 3 and 4.

3. The fee for license plates for the support of the conservation of wetlands is $35, in addition to all other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment of $10.

4. In addition to all other applicable registration and license fees and governmental services taxes and the fee prescribed in subsection 3, a person who requests a set of license plates for the support of the conservation of wetlands must pay for the initial issuance of the plates an additional fee of $25 and for each renewal of the plates an additional fee of $20, to be distributed pursuant to subsection 5.

5. The Department shall deposit the fees collected pursuant to subsection 4 with the State Treasurer for credit to the State General Fund. The State Treasurer shall, on a quarterly basis, distribute the fees deposited pursuant to this subsection to the Treasurer of Nevada Ducks Unlimited or its successor for use by Nevada Ducks Unlimited or its successor in carrying out:

(a) Projects for the conservation of wetlands that are:

(1) Conducted within Nevada; and

(2) Sponsored or participated in by Nevada Ducks Unlimited or its successor; and

(b) Fundraising activities for the conservation of wetlands that are:

(1) Conducted within Nevada; and

(2) Sponsored or participated in by Nevada Ducks Unlimited or its successor.

6. If, during a registration year, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:

(a) Retain the plates and affix them to another vehicle that meets the requirements of this section if the holder pays the fee for the transfer of the registration and any registration fee or governmental services tax due pursuant to NRS 482.399; or

(b) Within 30 days after removing the plates from the vehicle, return them to the Department.

7. As used in this section, “wetland” has the meaning ascribed to it in NRS 244.388.”.

Amend sec. 5, page 4, line 37, by deleting “session.” and inserting: “session or section 1.5 of this act.”.

Amend sec. 7, page 7, line 15, by deleting “section” and inserting: “sections 1.5 and”.

Amend sec. 9, page 8, line 42, by deleting “section” and inserting: “sections 1.5 and”.

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

“Sec. 10. On or before July 1, 2005, the Department of Motor Vehicles shall determine and publicly declare the number of applications it has received for the issuance of license plates pursuant to section 1.5 of this act.”.

Amend sec. 10, page 9, after line 25, by inserting:

“3. Section 1.5 of this act expires by limitation on July 1, 2005, if on that date the Department of Motor Vehicles has received fewer than 1,000 applications for the issuance of license plates pursuant to that section.”.

Amend the title of the bill, first line, after “vehicles” by inserting: “providing for the issuance of special license plates for the support of the conservation of wetlands; imposing a fee for the issuance and renewal of such plates;”.

Senator Raggio moved the adoption of the amendment.

Remarks by Senator Raggio.

Amendment adopted.

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

SECOND READING AND AMENDMENT

Senate Bill No. 258.

Bill read second time.

The following amendment was proposed by the Committee on Finance:

Amendment No. 854.

Amend section 1, page 1, line 3, by deleting “$59,304” and inserting “$44,772”.

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

Amend sec. 3, page 2, line 5, by deleting: “on July 1, 2003.” and inserting: “upon passage and approval.”.

Amend the title of the bill to read as follows:

“AN ACT making an appropriation to the University of Nevada, Reno, for certain expenses of the Pediatric Diabetes and Endocrinology Center at the School of Medicine; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Makes appropriation to University of Nevada, Reno, for certain expenses of Pediatric Diabetes and Endocrinology Center at School of Medicine. (BDR S‑1204)”.

Senator Raggio moved the adoption of the amendment.

Remarks by Senator Raggio.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 352.

Bill read second time.

The following amendment was proposed by the Committee on Finance:

Amendment No. 855.

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

“Sec. 2. This act becomes effective upon passage and approval.”.

Amend the title of the bill, third line, by deleting: “making an appropriation;”.

Amend the summary of the bill to read as follows:

“SUMMARY—Designates Nevada Cancer Institute as official cancer institute of State of Nevada. (BDR 40‑650)”.

Senator Raggio moved the adoption of the amendment.

Remarks by Senator Raggio.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 16.

Bill read second time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 876.

Amend sec. 2, page 2, by deleting lines 10 through 22 and inserting:

“3. If a petition is filed pursuant to this section, the court shall determine which person or agency has possession or custody of the evidence and shall immediately issue an order requiring, during the pendency of the proceeding, each person or agency in possession or custody of the evidence to:

(a) Preserve all evidence within the possession or custody of the person or agency that may be subjected to genetic marker analysis pursuant to this section;

(b) Within 30 days, prepare an inventory of all evidence within the possession or custody of the person or agency that may be subjected to genetic marker analysis pursuant to this section; and

(c) Within 30 days, submit a copy of the inventory to the petitioner, the prosecuting attorney and the court.

4. Within 30 days after the inventory of all evidence is prepared pursuant to subsection 3, the prosecuting attorney may file a written response to the petition with the court.”.

Amend sec. 2, page 3, by deleting lines 18 through 20 and inserting:

“8. If the results of a genetic marker analysis performed pursuant to this section are favorable to the petitioner:

(a) The petitioner may bring a motion for a new trial based on the ground of newly discovered evidence pursuant to NRS 176.515; and

(b) The restriction on the time for filing the motion set forth in subsection 3 of NRS 176.515 is not applicable.”.

Amend sec. 2, page 3, by deleting lines 27 and 28.

Amend sec. 2, page 3, line 29, by deleting “11.” and inserting “10.”.

Amend sec. 2, page 3, line 36, by deleting “12.” and inserting “11.”.

Amend sec. 2, page 3, line 40, by deleting “13.” and inserting “12.”.

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

“Sec. 4. NRS 176.515 is hereby amended to read as follows:

176.515 1. The court may grant a new trial to a defendant if required as a matter of law or on the ground of newly discovered evidence.

2. If trial was by the court without a jury the court may vacate the judgment if entered, take additional testimony and direct the entry of a new judgment.

3. ~~[A]~~ Except as otherwise provided in section 2 of this act, a motion for a new trial based on the ground of newly discovered evidence may be made only within 2 years after the verdict or finding of guilt.

4. A motion for a new trial based on any other grounds must be made within 7 days after the verdict or finding of guilt or within such further time as the court may fix during the 7-day period.”.

Amend the title of the bill by deleting the fifth line and inserting: “providing that a petitioner may file a motion for a new trial if the analysis is”.

Senator Amodei moved the adoption of the amendment.

Remarks by Senator Amodei.

Amendment adopted.

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

Assembly Bill No. 326.

Bill read second time.

The following amendment was proposed by the Committee on Finance:

Amendment No. 844.

Amend section 1, page 3, line 27, by deleting “separate”.

Amend section 1, page 3, by deleting lines 31 through 36.

Amend section 1, page 3, line 37, by deleting “(d)” and inserting “(c)”.

Senator Raggio moved the adoption of the amendment.

Remarks by Senator Raggio.

Amendment adopted.

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

Assembly Bill No. 394.

Bill read second time.

The following amendment was proposed by the Committee on Transportation:

Amendment No. 830.

Amend section 1, page 2, by deleting lines 27 through 29 and inserting: “remove the vehicle or part of a vehicle to his garage unless directed otherwise by the police officer. The tow car operator is liable for any loss of or damage to the vehicle or its contents that occurs while the vehicle is in his possession or control.”.

Senator Raggio moved the adoption of the amendment.

Remarks by Senator Nolan.

Amendment adopted.

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

Assembly Bill No. 401.

Bill read second time.

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

Amendment No. 761.

Amend sec. 2, page 1, line 9, after “facility.” by inserting: “The term does not include a toll bridge or toll road.”.

Amend sec. 4, page 2, by deleting line 9 and inserting “information:”.

Amend sec. 4, page 2, line 13, before “facility” by inserting “transportation”.

Amend sec. 4, page 2, line 16, by deleting “development of,” and inserting: “the development of or the”.

Amend sec. 4, page 2, line 17, by deleting “to” and inserting “to ,”.

Amend sec. 4, page 2, lines 19 and 20, by deleting: “operator of the transportation facility” and inserting: “person submitting the request”.

Amend sec. 4, page 2, line 37, by deleting “operator” and inserting: “person submitting the request”.

Amend sec. 4, page 3, line 10, by deleting “and”.

Amend sec. 4, page 3, by deleting line 15 and inserting: “resources and the effect of those resources on any statewide or regional program for the improvement of transportation; and

(5) The identification and analysis of any costs or benefits associated with the proposed facility, performed by a professional engineer who is licensed pursuant to chapter 625 of NRS.”.

Amend sec. 6, page 3, line 42, by deleting “facilities;” and inserting: “facilities, as determined by an analysis of the cost performed by a professional engineer who is licensed pursuant to chapter 625 of NRS;”.

Amend sec. 6, page 3, line 45, by deleting “and”.

Amend sec. 6, page 4, line 1, after “(e)” by inserting: “The plans of the person submitting the request contain any penalties for the failure of the person submitting the request to meet any deadline which results in the untimely development or construction of or improvement to the transportation facility or failure to meet any deadline for its more efficient operation; and

(f)”.

Amend sec. 6, page 4, line 2, after “performance” by inserting: “established by the public body”.

Amend sec. 6, page 4, line 5, by deleting “rely on” and inserting “consider”.

Amend sec. 6, page 4, line 9, by deleting “may” and inserting “shall”.

Amend sec. 6, page 4, by deleting line 15 and inserting: “writing to the public body, for consideration by the public body, any comments that the governmental entity has concerning the”.

Amend sec. 6, page 4, line 20, by deleting “may” and inserting “shall”.

Amend sec. 6, page 4, line 24, by deleting “advisor.” and inserting: “advisor, to be collected before the public body accepts the request or proposal for processing, review and evaluation.”.

Amend sec. 6, page 4, by deleting lines 28 and 29 and inserting: “agreement, the public body shall include, without limitation:

(a) Criteria that address the long-term quality of the transportation facility.

(b) The date of termination of the authority and duties pursuant to sections 2 to 8, inclusive, of this act of the person whose request or proposal was approved by the public body with respect to the transportation facility and for the dedication of the transportation facility to the public body on that date.

(c) Provision for the imposition by the person whose request or proposal was approved by the public body of such rates, fees or other charges as may be established from time to time by agreement of the parties for use of all or a portion of a transportation facility, other than a bridge or road.”.

Amend sec. 6, page 4, by deleting line 32 and inserting:

“of or the commencement of the construction of, or improvements to, the”.

Amend sec. 6, page 4, line 43, by deleting “may” and inserting: “shall, by resolution,”.

Amend sec. 9, page 6, line 3, by deleting “~~[$5,000,000]~~ $2,500,000” and inserting “$5,000,000”.

Amend sec. 9, page 6, line 23, by deleting “or” and inserting “of”.

Amend sec. 9.5, page 8, by deleting lines 40 through 43 and inserting:

“7. ~~[Any provision of a contract that is in violation of paragraph (c) of subsection 6 is declared to be contrary to the public policy of this state and is void.~~

~~8.]~~ A design-build team to whom a contract is awarded pursuant”.

Amend sec. 11, page 9, line 14, after “facility.” by inserting: “The term does not include a toll bridge or toll road.”.

Amend sec. 13, page 9, by deleting line 23 and inserting “information:”.

Amend sec. 13, page 9, line 27, before “facility” by inserting “transportation”.

Amend sec. 13, page 9, line 30, by deleting “development of,” and inserting: “the development of or the”.

Amend sec. 13, page 9, line 31, by deleting “to” and inserting “to ,”.

Amend sec. 13, page 9, lines 33 and 34, by deleting: “operator of the transportation facility” and inserting: “person submitting the request”.

Amend sec. 13, page 10, line 7, by deleting “operator” and inserting: “person submitting the request”.

Amend sec. 13, page 10, line 25, by deleting “and”.

Amend sec. 13, page 10, by deleting line 30 and inserting: “resources and the effect of those resources on any statewide or regional program for the improvement of transportation; and

(5) The identification and analysis of any costs or benefits associated with the proposed facility, performed by a professional engineer who is licensed pursuant to chapter 625 of NRS.”.

Amend sec. 15, page 11, line 19, by deleting “facilities;” and inserting: “facilities, as determined by an analysis of the cost performed by a professional engineer who is licensed pursuant to chapter 625 of NRS;”.

Amend sec. 15, page 11, line 22, by deleting “and”.

Amend sec. 15, page 11, line 23, after “(e)” by inserting: “The plans of the person submitting the request contain any penalties for the failure of the person submitting the request to meet any deadline which results in the untimely development or construction of or improvement to the transportation facility or failure to meet any deadline for its more efficient operation; and

(f)”.

Amend sec. 15, page 11, line 24, after “performance” by inserting: “established by the Department”.

Amend sec. 15, page 11, line 27, by deleting “rely on” and inserting “consider”.

Amend sec. 15, page 11, line 32, by deleting “may” and inserting “shall”.

Amend sec. 15, page 11, by deleting line 38 and inserting: “writing to the Department, for consideration by the Department, any comments that the governmental entity has concerning the”.

Amend sec. 15, page 11, line 43, by deleting “may” and inserting “shall”.

Amend sec. 15, page 12, line 2, by deleting “advisor.” and inserting: “advisor, to be collected before the Department accepts the request or proposal for processing, review and evaluation.”.

Amend sec. 15, page 12, by deleting lines 6 and 7 and inserting: “agreement, the Department shall include, without limitation:

(a) Criteria that address the long-term quality of the transportation facility.

(b) The date of termination of the authority and duties pursuant to sections 11 to 17, inclusive, of this act of the person whose request or proposal was approved by the Department with respect to the transportation facility and for the dedication of the transportation facility to the Department on that date.

(c) Provision for the imposition by the person whose request or proposal was approved by the Department of such rates, fees or other charges as may be established from time to time by agreement of the parties for use of all or a portion of a transportation facility, other than a bridge or road.”.

Amend sec. 15, page 12, line 10, by deleting “of, commencement” and inserting: “of or the commencement”.

Amend sec. 17, page 12, line 21, by deleting: “may determine if” and inserting: “shall make written findings of whether”.

Amend sec. 18, page 13, line 4, by deleting “~~[$5,000,000]~~ $2,500,000” and inserting “$5,000,000”.

Amend the title of the bill, fourth line, after “facility;” by inserting: “changing the requirements relating to the contracts that may be awarded to a design-build team;”.

Senator Hardy moved the adoption of the amendment.

Remarks by Senators Hardy and Neal.

Amendment adopted.

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

Assembly Bill No. 493.

Bill read second time.

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

Amendment No. 712.

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

“Sec. 2. 1. Except as otherwise provided by law, any money appropriated to the Commissioner or the Division and any money collected by the Commissioner or Division pursuant to law:

(a) Must be deposited in the State Treasury and accounted for separately in the State General Fund; and

(b) May only be used to:

(1) Carry out the programs and laws administered by the Commissioner and the Division; and

(2) Pay the expenses related to the operations of the Commissioner and the Division.

2. Except as otherwise provided by law, any money that remains in the account at the end of the fiscal year, does not revert to the State General Fund, and the balance of the account must be carried forward to the next fiscal year.

3. The Commissioner shall administer the account. Any interest or income earned on the money in the account must be credited to the account, after deducting any applicable charges. Any claims against the account must be paid as other claims against the State are paid.

Sec. 3. 1. On a quarterly or other regular basis, the Commissioner shall collect an assessment pursuant to this section from each:

(a) Check-cashing service or deferred deposit service that is supervised pursuant to chapter 604 of NRS;

(b) Escrow agent that is supervised pursuant to chapter 645 A of NRS;

(c) Mortgage broker that is supervised pursuant to chapter 645B of NRS;

(d) Mortgage company that is supervised pursuant to chapter 645E of NRS;

(e) Collection agency that is supervised pursuant to chapter 649 of NRS;

(f) Bank that is supervised pursuant to chapters 657 to 668, inclusive, of NRS;

(g) Trust company that is supervised pursuant to chapter 669 of NRS;

(h) Development corporation that is supervised pursuant to chapter 670 of NRS;

(i) Corporation for economic revitalization and diversification that is supervised pursuant to chapter 670A of NRS;

(j) Person engaged in the business of selling or issuing checks or of receiving for transmission or transmitting money or credits that is supervised pursuant to chapter 671 of NRS;

(k) Savings and loan association that is supervised pursuant to chapter 673 of NRS;

(l) Person engaged in the business of lending that is supervised pursuant to chapter 675 of NRS;

(m) Person engaged in the business of debt adjusting that is supervised pursuant to chapter 676 of NRS;

(n) Thrift company that is supervised pursuant to chapter 677 of NRS; and

(o) Credit union that is supervised pursuant to chapter 678 of NRS.

2. The Commissioner shall determine the total amount of all assessments to be collected from the entities identified in subsection 1, but that amount must not exceed the amount necessary to recover the cost of legal services provided by the Attorney General to the Commissioner and to the Division. The total amount of all assessments collected must be reduced by any amounts collected by the Commissioner from an entity for the recovery of the costs of legal services provided by the Attorney General in a specific case.

3. The Commissioner shall collect from each entity identified in subsection 1 an assessment that is based on:

(a) A portion of the total amount of all assessments as determined pursuant to subsection 2, such that the assessment collected from an entity identified in subsection 1 shall bear the same relation to the total amount of all assessments as the total assets of that entity bear to the total of all assets of all entities identified in subsection 1; or

(b) Any other reasonable basis adopted by the Commissioner.

4. The assessment required by this section is in addition to any other assessment, fee or cost required by law to be paid by an entity identified in subsection 1.

5. Money collected by the Commissioner pursuant to this section must be deposited in the State Treasury pursuant to the provisions of section 2 of this act.”.

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

“Sec. 4. (Deleted by amendment.)”.

Amend sec. 5, page 3, line 34, by deleting “paid into” and inserting: “~~[paid into]~~ deposited in”.

Amend sec. 5, page 3, by deleting line 35 and inserting: “~~State [General Fund.]~~ Treasury pursuant to the provisions of”.

Amend sec. 6, page 4, line 3, after “of the” by inserting: “money deposited to the”.

Amend sec. 6, page 4, by deleting line 4 and inserting: “~~State [General Fund]~~ Treasury pursuant to the provisions of”.

Amend sec. 7, page 4, by deleting lines 35 through 37 and inserting: “must be ~~[paid into]~~ deposited in the State ~~[General Fund and the State Treasurer shall issue a receipt therefor.]~~ Treasury pursuant to the provisions of section 2 of this act.”.

Amend sec. 8, page 5, line 1, by deleting “paid into” and inserting: “~~[paid into]~~ deposited in”.

Amend sec. 8, page 5, by deleting line 2 and inserting: “~~State [General Fund.]~~ Treasury pursuant to the provisions of”.

Amend sec. 9, page 5, by deleting lines 9 and 10 and inserting: “~~[paid into]~~ deposited in the State ~~[General Fund]~~ Treasury pursuant to the provisions of section 2 of this act.”.

Amend sec. 10, page 5, by deleting lines 27 and 28 and inserting: “in the State Treasury ~~[for credit to the State General Fund.]~~ pursuant to the provisions of section 2 of this act.”.

Amend the bill as a whole by deleting sec. 11 and adding:

“Sec. 11. (Deleted by amendment.)”.

Amend sec. 12, page 7, by deleting lines 1 and 2 and inserting: “Treasury ~~[for credit to the State General Fund.]~~ pursuant to the provisions of section 2 of this act.”.

Amend sec. 13, page 8, by deleting lines 21 and 22 and inserting: “Treasury ~~[for credit to the State General Fund.]~~ pursuant to the provisions of section 2 of this act.”.

Amend sec. 14, page 9, by deleting lines 44 and 45 and inserting: “Treasury ~~[for credit to the State General Fund.]~~ pursuant to the provisions of section 2 of this act.”.

Amend sec. 15, page 10, by deleting lines 38 and 39 and inserting: “deposited in the State Treasury ~~[for credit to the State General Fund.]~~ pursuant to the provisions of section 2 of this”.

Amend sec. 16, page 11, by deleting lines 2 and 3 and inserting: “chapter must be ~~[paid into the State General Fund.]~~ deposited in the State Treasury pursuant to the provisions of section 2 of this act.”.

Amend sec. 16, page 11, by deleting lines 5 and 6 and inserting: “expenses incurred under this chapter must be paid from the money deposited in the State ~~[General Fund.]~~ Treasury pursuant to the provisions of section”.

Amend sec. 17, page 11, by deleting lines 24 and 25 and inserting: “~~[forthwith delivered to the State Treasurer and must be paid into]~~ deposited in the State ~~[General Fund.]~~ Treasury pursuant to the provisions of”.

Amend sec. 18, page 11, by deleting lines 40 through 42 and inserting: “sums so received by the Commissioner must be ~~[delivered to the State Treasurer and must be paid into]~~ deposited in the State ~~[General Fund.]~~ Treasury pursuant to the provisions of section 2 of this act.”.

Amend sec. 19, page 12, line 11, by deleting “paid” and inserting “~~[paid~~”.

Amend sec. 19, page 12, by deleting lines 12 and 13 and inserting: “~~into]~~ deposited in the State ~~[General Fund.]~~ Treasury pursuant to the provisions of section 2 of this act. Copies of appraisals must be”.

Amend sec. 20, page 12, by deleting lines 42 and 43 and inserting: “~~[delivered to the State Treasurer and paid into]~~ deposited in the State ~~[General Fund.]~~ Treasury pursuant to the provisions of section 2 of this”.

Amend sec. 21, page 13, by deleting lines 9 through 11 and inserting: “shall ~~[deliver it to the State Treasurer. The fees shall be paid into]~~ deposit the fees in the State ~~[General Fund.]~~ Treasury pursuant to the provisions of section 2 of this act.”.

Amend sec. 22, page 13, by deleting lines 15 and 16 and inserting: “~~[paid into]~~ deposited in the State ~~[General Fund, and the State Treasurer shall issue his receipt therefor.]~~ Treasury pursuant to the provisions of”.

Amend sec. 23, page 13, by deleting lines 29 and 30 and inserting: “subsection 2 must be deposited in the State ~~[General Fund.]~~ Treasury pursuant to the provisions of section 2 of this act.”.

Amend sec. 24, page 13, by deleting lines 34 and 35 and inserting: “~~[paid into]~~ deposited in the State ~~[General Fund.]~~ Treasury pursuant to the provisions of section 2 of this act.”.

Amend sec. 25, page 13, by deleting lines 39 and 40 and inserting: “deposited in the State ~~[General Fund.]~~ Treasury pursuant to the provisions of section 2 of this act.”.

Amend sec. 26, page 14, by deleting lines 11 and 12 and inserting: “regulation adopted ~~[thereunder,]~~ pursuant thereto in the State Treasury ~~[for credit to the State General Fund.]~~ pursuant to the provisions of”.

Amend the bill as a whole by deleting sections 27 and 28 and adding:

“Secs. 27 and 28. (Deleted by amendment.)”.

Amend sec. 29, page 15, by deleting lines 27 through 29 and inserting:

“Sec. 29. 1. This act becomes”.

Amend sec. 29, page 15, line 34, by deleting “3.” and inserting “2.”.

Amend the title of the bill to read as follows:

“AN ACT relating to state financial administration; providing that certain money collected by the Commissioner of Financial Institutions and the Division of Financial Institutions of the Department of Business and Industry must be deposited in the State Treasury and accounted for separately in the State General Fund; providing that the money deposited in the State Treasury by the Commissioner and the Division and accounted for separately in the State General Fund must be used to carry out the programs and pay for the expenses of the Commissioner and the Division; providing that the Commissioner shall collect an assessment from certain financial institutions for the purpose of recovering the cost to the Commissioner for legal services provided by the Attorney General to the Commissioner and the Division; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Provides for money collected by Commissioner of Financial Institutions and Division of Financial Institutions of Department of Business and Industry to be deposited in State Treasury and to be accounted for separately in State General Fund. (BDR 55‑463)”.

Senator Townsend moved the adoption of the amendment.

Remarks by Senator Townsend.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 514.

Bill read second time.

The following amendment was proposed by the Committee on Taxation:

Amendment No. 768.

Amend sec. 105, pages 60 and 61, by deleting lines 18 through 45 on page 60 and lines 1 through 4 on page 61 and inserting:

“Section 1. The above-entitled Act, being chapter 397, Statutes of Nevada 1955, at page 762, is hereby amended by adding thereto three new sections to be designated as sections 18.2, 47.4 and 47.5, respectively, immediately following sections 18.1 and 47, respectively, to read as follows:

Sec. 18.2. “Vehicle” has the meaning ascribed to it in NRS 482.135.

Sec. 47.4. 1. For the purposes of this section, “authorized appraisal” means an appraisal of the value of a motor vehicle made by:

(a) An employee of the Department of Motor Vehicles on its behalf;

(b) A county assessor or his employee as an agent of the Department of Motor Vehicles;

(c) A person licensed by the Department of Motor Vehicles as a dealer; or

(d) An independent appraiser authorized by the Department of Motor Vehicles.

2. When computing the tax on the sale of a vehicle by a seller who is not required to be registered by the Department of Taxation, the Department of Motor Vehicles or the county assessor as an agent of the Department of Taxation shall, if an authorized appraisal is submitted, use as the vehicle’s sales price the amount stated on the authorized appraisal or $100, whichever is greater.

3. The Department of Motor Vehicles shall establish by regulation the procedure for appraising vehicles and shall establish and make available a form for an authorized appraisal.

4. The Department of Motor Vehicles shall retain a copy of the appraisal considered pursuant to subsection 2 with its record of the collection of the tax.

5. A fee which does not exceed $10 may be charged and collected for each authorized appraisal made. Any money so collected by the Department of Motor Vehicles for such an appraisal made by its employees must be deposited with the State Treasurer to the credit of the Motor Vehicle Fund. Any money so collected by a county assessor must be deposited with the county treasurer to the credit of the county’s general fund.

6. If an authorized appraisal is not submitted, the Department of Motor Vehicles or the county assessor as an agent of the Department of Taxation shall establish the sales price as a value which is based on the depreciated value of the vehicle as determined in accordance with the schedule in section 47.5 of chapter 397, Statutes of Nevada 1955. To determine the original price from which the depreciation is calculated, the Department of Motor Vehicles shall use:

(a) The manufacturer’s suggested retail price in Nevada, excluding options and extras, as of the time the particular make and year model is first offered for sale in Nevada;

(b) If the vehicle is specially constructed, the original retail price to the original purchaser of the vehicle as evidenced by such document or documents as the Department may require;

(c) The procedures set forth in subsections 3 and 4 of NRS 371.050; or

(d) If none of these applies, its own estimate from any available information.

Sec. 47.5. 1. Except as otherwise provided in subsection 2, for the purpose of computing the tax on the sale of a vehicle by a seller who is not required to be registered with the Department of Taxation in the manner provided for in subsection 6 of section 47.4 of chapter 397, Statutes of Nevada 1955, a vehicle must be depreciated according to the following schedule:

Percentage of

Age Initial Value

New .......... 100 percent

1 year 85 percent

2 years................................................................................................... 75 percent

3 years................................................................................................... 65 percent

4 years................................................................................................... 60 percent

5 years................................................................................................... 55 percent

6 years................................................................................................... 50 percent

7 years................................................................................................... 45 percent

8 years................................................................................................... 40 percent

9 years................................................................................................... 35 percent

10 years................................................................................................. 30 percent

11 years................................................................................................. 25 percent

12 years................................................................................................. 20 percent

13 years................................................................................................. 15 percent

14 years or more years....................................................................... 10 percent

2. The amount of depreciation calculated under subsection 1 must be rounded to the nearest whole multiple of $20 and the depreciated value must not be reduced below $100.

Sec. 2. Section 11 of the above-entitled Act, being chapter 397, Statutes of Nevada 1955, at page 764, is hereby amended to read as follows:

Sec. 11. 1. “Sales price” means the total amount for which tangible property is sold, valued in money, whether paid in money or otherwise, without any deduction on account of any of the following:

(a) The cost of the property sold.

(b) The cost of materials used, labor or service cost, interest charged, losses, or any other expenses.

2. The total amount for which property is sold includes all of the following:

(a) Any services that are a part of the sale.

(b) Any amount for which credit is given to the purchaser by the seller.

3. “Sales price” does not include any of the following:

(a) Cash discounts allowed and taken on sales.

(b) The amount charged for property returned by customers when the entire amount charged therefor is refunded either in cash or credit; but this exclusion shall not apply in any instance when the customer, in order to obtain the refund, is required to purchase other property at a price greater than the amount charged for the property that is returned.

(d) The amount of any tax , ~~[(]~~ not including ~~[, however,]~~ any manufacturers’ or importers’ excise tax , ~~[)]~~ imposed by the United States upon or with respect to retail sales, whether imposed upon the retailer or the consumer.

(e) The amount of any allowance against the selling price given by a retailer for the value of a used vehicle that is taken in trade on the purchase of another vehicle.

4. For the purpose of a sale of a vehicle by a seller who is not required to be registered with the Department of Taxation, the sales price is the value established in the manner set forth in section 47.4 of chapter 397, Statutes of Nevada 1955.

Sec. 3. Section 12 of the above-entitled Act, being chapter 397, Statutes of Nevada 1955, at page 764, is hereby amended to read as follows:

Sec. 12. 1. “Gross receipts” means the total amount of the sale or lease or rental price, as the case may be, of the retail sales of retailers, valued in money, whether received in money or otherwise, without any deduction on account of any of the following:

(a) The cost of the property sold. However, in accordance with such rules and regulations as the Tax Commission may prescribe, a deduction may be taken if the retailer has purchased property for some other purpose than resale, has reimbursed his vendor for tax which the vendor is required to pay to the State or has paid the use tax with respect to the property, and has resold the property ~~[prior to]~~ before making any use of the property other than retention, demonstration or display while holding it for sale in the regular course of business. If such a deduction is taken by the retailer, no refund or credit will be allowed to his vendor with respect to the sale of the property.

(b) The cost of the materials used, labor or service cost, interest paid, losses or any other expense.

2. The total amount of the sale or lease or rental price includes all of the following:

(a) Any services that are a part of the sale.

(b) All receipts, cash, credits and property of any kind.

3. “Gross receipts” does not include any of the following:

(a) Cash discounts allowed and taken on sales.

(b) ~~[Sale]~~ The sale price of property returned by customers when the full sale price is refunded either in cash or credit , ~~[;]~~ but this exclusion ~~[shall]~~ does not apply in any instance when the customer, in order to obtain the refund, is required to purchase other property at a price greater than the amount charged for the property that is returned.

(e) The amount of any allowance against the selling price given by a retailer for the value of a used vehicle which is taken in trade on the purchase of another vehicle.

4. For purposes of the sales tax, if the retailers establish to the satisfaction of the Tax Commission that the sales tax has been added to the total amount of the sale price and has not been absorbed by them, the total amount of the sale price shall be deemed to be the amount received exclusive of the tax imposed.

Sec. 4. Section 15 of the above-entitled Act, being chapter 397, Statutes of Nevada 1955, at page 765, is hereby amended to read as follows:

Sec. 15. 1. “Retailer” includes:

(a) Every seller who makes any retail sale or sales of tangible personal property, and every person engaged in the business of making retail sales at auction of tangible personal property owned by the person or others.

(b) Every person engaged in the business of making sales for storage, use or other consumption or in the business of making sales at auction of tangible personal property owned by the person or others for storage, use or other consumption.

(c) Every person making any retail sale of a vehicle or more than two retail sales of other tangible personal property during any 12‑month period, including sales made in the capacity of assignee for the benefit of creditors, or receiver or trustee in bankruptcy.

2. When the Tax Commission determines that it is necessary for the efficient administration of this chapter to regard any salesmen, representatives, peddlers or canvassers as the agents of the dealers, distributors, supervisors or employers under whom they operate or from whom they obtain the tangible personal property sold by them, irrespective of whether they are making sales on their own behalf or on behalf of such dealers, distributors, supervisors or employers, the Tax Commission may so regard them and may regard the dealers, distributors, supervisors or employers as retailers for purposes of this chapter.

[3. A licensed optometrist or physician and surgeon is a consumer of, and shall not be considered, a retailer within the provisions of this chapter, with respect to the ophthalmic materials used or furnished by him in the performance of his professional services in the diagnosis, treatment or correction of conditions of the human eye, including the adaptation of lenses or frames for the aid thereof.]

Sec. 5. Section 18.1 of the above-entitled Act, being chapter 397, Statutes of Nevada 1955, at page 766, is hereby amended to read as follows:

Sec. 18.1 NRS 372.035 is hereby amended to read as follows:

372.035 1. “Occasional sale” includes:

(a) A sale of property not held or used by a seller in the course of an activity for which he is required to hold a seller’s permit, ~~[provided such]~~ if the sale is not one of a series of sales sufficient in number, scope and character to constitute an activity requiring the holding of a seller’s permit.

(b) Any transfer of all or substantially all the property held or used by a person in the course of such an activity when after ~~[such]~~ the transfer the real or ultimate ownership of ~~[such]~~ the property is substantially similar to that which existed before ~~[such]~~ the transfer.

2. The term does not include the sale of a vehicle other than the sale or transfer of a used vehicle to the seller’s spouse, child, grandchild, parent, grandparent, brother or sister. For the purposes of this section, the relation of parent and child includes adoptive and illegitimate children and stepchildren.

3. For the purposes of this section, stockholders, bondholders, partners or other persons holding an interest in a corporation or other entity are regarded as having the “real or ultimate ownership” of the property of such corporation or other entity.

Sec. 6. Section 56.1 of the above-entitled Act, being chapter 397, Statutes of Nevada 1955, as added by chapter 306, Statutes of Nevada 1969, at page 532, and amended by chapter 627, Statutes of Nevada 1985, at page 2028, and amended by chapter 404, Statutes of Nevada 1995, at page 1007, is hereby amended to read as follows:

Sec. 56.1. 1. There are exempted from the taxes imposed by this act the gross receipts from sales and the storage, use or other consumption of:

(a) Prosthetic devices, orthotic appliances and ambulatory casts for human use, and other supports and casts if prescribed or applied by a licensed provider of health care, within his scope of practice, for human use.

(b) Appliances and supplies relating to an ostomy.

(d) Any ophthalmic or ocular device or appliance prescribed by a physician or optometrist.

(e) Medicines:

(1) Prescribed for the treatment of a human being by a person authorized to prescribe medicines, and dispensed on a prescription filled by a registered pharmacist in accordance with law;

(2) Furnished by a licensed physician, dentist or podiatric physician to his own patient for the treatment of the patient;

(3) Furnished by a hospital for treatment of any person pursuant to the order of a licensed physician, dentist or podiatric physician; or

(4) Sold to a licensed physician, dentist, podiatric physician or hospital for the treatment of a human being.

2. As used in this section:

(a) “Medicine” means any substance or preparation intended for use by external or internal application to the human body in the diagnosis, cure, mitigation, treatment or prevention of disease or affliction of the human body and which is commonly recognized as a substance or preparation intended for such use. The term includes splints, bandages, pads, compresses and dressings.

(b) “Medicine” does not include:

(1) Any auditory ~~[, ophthalmic or ocular]~~ device or appliance.

(2) Articles which are in the nature of instruments, crutches, canes, devices or other mechanical, electronic, optical or physical equipment.

(3) Any alcoholic beverage, except where the alcohol merely provides a solution in the ordinary preparation of a medicine.

(4) Braces or supports, other than those prescribed or applied by a licensed provider of health care, within his scope of practice, for human use.

3. Insulin furnished by a registered pharmacist to a person for treatment of diabetes as directed by a physician shall be deemed to be dispensed on a prescription within the meaning of this section.

Sec. 7. The above-entitled Act, being chapter 397, Statutes of Nevada 1955, at page 762, is hereby amended by adding thereto a new section to be designated as section 56.3, immediately following section 56.2, to read as follows:

Sec. 56.3. 1. There are exempted from the taxes imposed by this Act the gross receipts from the sale of, and the storage, use or other consumption in a county of, farm machinery and equipment employed for the agricultural use of real property.

2. As used in this section:

(a) “Agricultural use” has the meaning ascribed to it in NRS 361A.030.

(b) “Farm machinery and equipment” means a farm tractor, implement of husbandry, piece of equipment used for irrigation, or a part used in the repair or maintenance of farm machinery and equipment. The term does not include:

(1) A vehicle required to be registered pursuant to the provisions of chapter 482 or 706 of NRS; or

(2) Machinery or equipment only incidentally employed for the agricultural use of real property.

(c) “Farm tractor” means a motor vehicle designed and used primarily for drawing an implement of husbandry.

(d) “Implement of husbandry” means a vehicle that is designed, adapted or used for agricultural purposes, including, without limitation, a plow, machine for mowing, hay baler, combine, piece of equipment used to stack hay, till, harvest, handle agricultural commodities or apply fertilizers, or other heavy, movable equipment designed, adapted or used for agricultural purposes.

Sec. 8. The above-entitled Act, being chapter 397, Statutes of Nevada 1955, at page 762, is hereby amended by adding thereto two new sections to be designated as sections 57.1 and 57.2, respectively, immediately following section 57, to read as follows:

Sec. 57.1. 1. Except as otherwise provided in section 57.2 of chapter 397, Statutes of Nevada 1955, there are exempted from the taxes imposed by this chapter the gross receipts from the sale of, and the storage, use or other consumption of, works of fine art for public display.

2. In determining whether a payment made pursuant to a lease of a work of fine art is exempt under subsection 1, the value for the purpose of paragraph (a) of subsection 4 is the value of the work and not the value of possession for the term of the lease, and the calendar or fiscal year described in paragraph (a) of subsection 4 is the first full calendar or fiscal year, respectively, after the payment is made.

3. During the first full fiscal year following the purchase of fine art for which a taxpayer receives the exemption provided in this section, the taxpayer shall make available, upon written request and without charge to any public school as defined in NRS 385.007, private school as defined in NRS 394.103 and parent of a child who receives instruction in a home pursuant to NRS 392.070, one copy of a poster depicting the fine art that the facility has on public display and that the facility makes available for purchase by the public at the time of the request.

4. As used in this section:

(a) “Fine art for public display”:

(1) Except as otherwise provided in subparagraph (2), means a work of art which:

(I) Is an original painting in oil, mineral, water colors, vitreous enamel, pastel or other medium, an original mosaic, drawing or sketch, an original sculpture of clay, textiles, fiber, wood, metal, plastic, glass or a similar material, an original work of mixed media or a lithograph;

(II) Is purchased in an arm’s length transaction for $25,000 or more, or has an appraised value of $25,000 or more;

(III) Will be on public display in a public or private art gallery, museum or other building or area in this state for at least 20 hours per week during at least 35 weeks of the first full calendar year after the date on which it is purchased or, if the facility displaying the fine art disposes of it before the end of that year, during at least two-thirds of the full weeks during which the facility had possession of it, or if the gallery, museum, or other building or area in which the fine art will be displayed will not be opened until after the beginning of the first full calendar year after the date on which the fine art is purchased, these display requirements must instead be met for the first full fiscal year after the date of opening, and the date of opening must not be later than 2 years after the purchase of the fine art being displayed; and

(IV) Will be on display in a facility that is available for group tours by pupils or students for at least 5 hours on at least 60 days of the first full fiscal year after the purchase of the fine art, during which the facility in which it is displayed is open, by prior appointment and at reasonable times, without charge; and

(2) Does not include:

(I) A work of fine art that is a fixture or an improvement to real property;

(II) Materials purchased by an artist for consumption in the production of a work of art that is to be a fixture or an improvement to real property;

(III) A work of fine art that constitutes a copy of an original work of fine art, unless the work is a lithograph that is a limited edition and that is signed and numbered by the artist;

(IV) Products of filmmaking or photography, including, without limitation, motion pictures;

(V) Literary works;

(VI) Property used in the performing arts, including, without limitation, scenery or props for a stage; or

(VII) Property that was created for a functional use other than, or in addition to, its aesthetic qualities, including, without limitation, a classic or custom-built automobile or boat, a sign that advertises a business, and custom or antique furniture, lamps, chandeliers, jewelry, mirrors, doors or windows.

(b) “Public display” means the display of a work of fine art where members of the public have access to the work of fine art for viewing during publicly advertised hours. The term does not include the display of a work of fine art in an area where the public does not generally have access, including, without limitation, a private office, hallway or meeting room of a business, a room of a business used for private lodging and a private residence.

(c) “Pupil” means a person who:

(1) Is enrolled for the current academic year in a public school as defined in NRS 385.007 or a private school as defined in NRS 394.103; or

(2) Receives instruction in a home and is excused from compulsory attendance pursuant to NRS 392.070.

(d) “Student” means a person who is enrolled for the current academic year in:

(1) A community college or university; or

(2) A licensed postsecondary educational institution as defined in NRS 394.099 and a course concerning fine art.

Sec. 57.2. 1. A taxpayer may collect an admission fee for the exhibition of fine art otherwise exempt from taxation on its sale, storage, use or other consumption pursuant to section 57.1 of chapter 397, Statutes of Nevada 1955, if the taxpayer offers to residents of the State of Nevada a discount of 50 percent from any admission fee charged to nonresidents. The discounted admission fee for residents must be offered at any time the exhibition is open to the public and admission fees are being charged.

2. If a taxpayer collects a fee for the exhibition of fine art otherwise exempt from taxation on its sale, storage, use or other consumption pursuant to section 57.1 of chapter 397, Statutes of Nevada 1955, and the fee is collected during the first full fiscal year after the purchase of the fine art, the exemption pertaining to that fine art must be reduced by the net revenue derived by the taxpayer for that first full fiscal year. The exemption pertaining to fine art must not be reduced below zero, regardless of the amount of the net revenue derived by the taxpayer for that first full fiscal year.

3. Any tax due pursuant to this section must be paid with the first sales and use tax return otherwise required to be filed by the taxpayer following the 15th day of the fourth month after the end of the first full fiscal year following the purchase of the fine art or, if no sales and use tax return is otherwise required to be filed by the taxpayer, with a sales and use tax return filed specifically for this purpose on or before the last day of the fourth month after the end of the first full fiscal year following the purchase of the fine art.

4. A taxpayer who is required to pay a tax resulting from the operation of this section may receive a credit against the tax for any donations made by the taxpayer to the Nevada Arts Council, the Division of Museums and History Dedicated Trust Fund established pursuant to NRS 381.0031, a museum that provides exhibits specifically related to nature or a museum that provides exhibits specifically related to children, if the taxpayer:

(a) Made the donation before the date that either return required pursuant to subsection 3 is due; and

(b) Provides to the Department documentation of the donation at the time that he files the return required pursuant to subsection 3.

5. For the purposes of this section:

(a) “Direct costs of owning and exhibiting the fine art” does not include any allocation of the general and administrative expense of a business or organization that conducts activities in addition to the operation of the facility in which the fine art is displayed, including, without limitation, an allocation of the salary and benefits of a senior executive who is responsible for the oversight of the facility in which the fine art is displayed and who has substantial responsibilities related to the other activities of the business or organization.

(b) “Net revenue” means the amount of the fees collected for exhibiting the fine art during the fiscal year less the following paid or made during the fiscal year:

(1) The direct costs of owning and exhibiting the fine art; and

(2) The cost of educational programs associated with the taxpayer’s public display of fine art, including the cost of meeting the requirements of sub-subparagraph (IV) of subparagraph (1) of paragraph (a) of subsection 4 of section 57.1 of chapter 397, Statutes of Nevada 1955.

Sec. 9. Section 6 of the above-entitled Act, being chapter 397, Statutes of Nevada 1955, at page 763, is hereby amended to read as follows:

Sec. 6. 1. “Retail sale” or “sale at retail” means a sale for any purpose other than resale in the regular course of business of tangible personal property. The terms do not include a sale of property that:

(a) Meets the requirements of subparagraphs (1) and (2) of paragraph (a) of subsection 4 of section 57.1 of chapter 397, Statutes of Nevada 1955;

(b) Is made available for sale within 2 years after it is acquired; and

(c) Is made available for viewing by the public or prospective purchasers, or both, within 2 years after it is acquired, whether or not a fee is charged for viewing it and whether or not it is also used for purposes other than viewing.

2. The delivery in this state of tangible personal property by an owner or former owner thereof or by a factor, or agent of such owner, former owner or factor, if the delivery is to a consumer or person for redelivery to a consumer, pursuant to a retail sale made by a retailer not engaged in business in this state, is a retail sale in this state by the person making the delivery. He shall include the retail selling price of the property in his gross receipts.

Sec. 10. Section 7 of the above-entitled Act, being chapter 397, Statutes of Nevada 1955, at page 763, is hereby amended to read as follows:

Sec. 7. “Storage” includes any keeping or retention in this state for any purpose except sale in the regular course of business or subsequent use solely outside this state of tangible personal property purchased from a retailer. The term does not include keeping, retaining or exercising any right or power over tangible property that:

1. Meets the requirements of subparagraphs (1) and (2) of paragraph (a) of subsection 4 of section 57.1 of chapter 397, Statutes of Nevada 1955;

2. Is made available for sale within 2 years after it is acquired; and

3. Is made available for viewing by the public or prospective purchasers, or both, within 2 years after it is acquired whether or not a fee is charged for viewing it and whether or not it is also used for purposes other than viewing.

Sec. 11. Section 61.5 of the above-entitled Act, being chapter 397, Statutes of Nevada 1955, at page 762, as added by chapter 466, Statutes of Nevada 1985, at page 1441, is hereby amended to read as follows:

Sec. 61.5. There are exempted from the taxes imposed by this chapter the gross receipts from the sale ~~[of aircraft and major components]~~ and the storage, use or other consumption in this state of:

1. Aircraft, aircraft engines and component parts of aircraft ~~[, such as engines and other components made for use only in aircraft, to an air carrier which:~~

1. Holds a certificate to engage in air transportation issued pursuant to 49 U.S.C. § 1371 and is not solely a charter air carrier or a supplemental air carrier as described in Title 49 of the United States Code; and

~~2. Maintains its central office in Nevada and bases a majority of its aircraft in Nevada.]~~ or aircraft engines which are manufactured exclusively for use in aircraft, sold or purchased for lease to a commercial air carrier for use in the transportation of persons or property in intrastate, interstate or foreign commerce pursuant to a certificate or license issued to the air carrier authorizing such transportation; and

2. Machinery, tools and other equipment and parts which are used exclusively in the repair, remodeling or maintenance of aircraft, aircraft engines or component parts of aircraft or aircraft engines which meet the requirements of subsection 1.

Sec. 12. The above-entitled Act, being chapter 397, Statutes of Nevada 1955, at page 762, is hereby amended by adding thereto a new section to be designated as section 61.6, immediately following section 61.5, to read as follows:

Sec. 61.6. 1. There are exempted from the taxes imposed by this chapter the gross receipts from the sale, furnishing or service of, and the storage, use or other consumption in this state of:

(a) All engines and chassis of a professional racing vehicle;

(b) All parts and components that are used to replace or rebuild existing parts or components of any engine or chassis of a professional racing vehicle;

(c) All motor vehicles used by professional racing teams to transport professional racing vehicles or to transport parts or components of professional racing vehicles, including, without limitation, an engine and chassis of a professional racing vehicle; and

(d) All motor vehicles used by a professional racing team or sanctioning body to transport the business office of the professional racing team or sanctioning body or to transport a facility from which hospitality services are provided.

2. As used in this section:

(a) “Professional racing team” means a racing operation that qualifies for the taxable year as an activity engaged in for profit pursuant to the Internal Revenue Code, Title 26 of the United States Code.

(b) “Professional racing motor vehicle” means any motor vehicle which is used in a professional racing competition and which is owned, leased or operated by a professional racing team.

(c) “Sanctioning body” means an organization that establishes an annual schedule of professional racing events in which professional racing teams participate, grants rights to conduct such events and establishes and administers rules and regulations governing the persons who conduct or participate in such events.

Sec. 13. This act becomes effective on January 1, 2006.”.

Amend sec. 106, page 61, by deleting lines 8 through 12 and inserting:

“Shall the Sales and Use Tax Act of 1955 be amended to:

1. Provide an exemption from the taxes imposed by this Act on the gross receipts from the sale and the storage, use or other consumption of the value of any used vehicle taken in trade on the purchase of another vehicle and to remove the exemption from those taxes for occasional sales of vehicles except where such sales are between certain family members;

2. Provide an exemption from the taxes imposed by this Act on the gross receipts from the sale and the storage, use or other consumption of ophthalmic or ocular devices or appliances prescribed by a physician or optometrist;

3. Provide an exemption from the taxes imposed by this Act on the gross receipts from the sale and the storage, use or other consumption of farm machinery and equipment employed for the agricultural use of real property;

4. Provide an exemption from the taxes imposed by this Act on the gross receipts from the sale and the storage, use or other consumption of works of fine art for public display;

5. Revise and clarify the criteria used to determine which aircraft and parts of aircraft are exempt from the taxes imposed by this Act, including removing the requirement that an air carrier must be based in Nevada to be eligible for the exemption, and providing an exemption for certain machinery and equipment used on eligible aircraft and parts of aircraft; and

6. Provide an exemption from the taxes imposed by this Act on the gross receipts from the sale and the storage, use or other consumption of engines and chassis, including replacement parts and components for the engines and chassis, of professional racing vehicles that are owned, leased or operated by professional racing teams?”.

Amend sec. 107, page 61, by deleting lines 21 through 24 and inserting:

“1955 would:

1. Exempt from the taxes imposed by this Act the gross receipts from the sale and the storage, use or other consumption of the value of any used vehicle taken in trade on the purchase of another vehicle and remove the exemption from those taxes for occasional sales of vehicles except where such sales are between certain family members;

2. Exempt from the taxes imposed by this Act the gross receipts from the sale and the storage, use or other consumption of ophthalmic or ocular devices or appliances prescribed by a physician or optometrist;

3. Exempt from the taxes imposed by this Act the gross receipts from the sale and the storage, use or other consumption of farm machinery and equipment employed for the agricultural use of real property;

4. Exempt from the taxes imposed by this Act the gross receipts from the sale and the storage, use or other consumption of works of fine art for public display;

6. Exempt from the taxes imposed by this Act the gross receipts from the sale and the storage, use or other consumption of engines and chassis, including replacement parts and components for the engines and chassis, of professional racing vehicles that are owned, leased or operated by professional racing teams.

A “yes” vote approves all of the proposals set forth in the question. A “no” vote disapproves all of the proposals set forth in the question. The proposals set forth in the question may not be voted upon individually.”.

Amend the bill as a whole by deleting sections 108 through 132 and inserting:

“Secs. 108-132. (Deleted by amendment.)”.

Amend sec. 133, page 81, by deleting lines 15 through 19 and inserting:

“is yes, the amendment to the Sales and Use Tax Act of 1955 becomes effective on January 1, 2006. If less than a majority of votes cast on the question is yes, the question fails and the amendment to the Sales and Use Tax Act of 1955 does not”.

Amend sec. 135, page 81, line 27, by deleting “any proposed” and inserting “the”.

Amend sec. 135, page 81, line 29, by deleting “office” and inserting “Office”.

Amend sec. 138, page 82, by deleting lines 28 through 33 and inserting:

“Sec. 138. NRS 374.107, 374.112, 374.113, 374.286, 374.291, 374.2911, 374.322 and 374.323 are hereby repealed.”.

Amend sec. 139, page 83, by deleting lines 1 through 34 and inserting:

“4. Sections 30 and 39 of this act become effective on January 1, 2006, only if the proposal submitted pursuant to sections 103 to 107, inclusive, of this act is approved by the voters at the general election on November 2, 2004.

5. Sections 31, 51, 58 to 65, inclusive, 68, 73, 81, 82, 86, 93 and 138 of this act become effective on January 1, 2006, only if the proposal submitted pursuant to sections 103 to 107, inclusive, of this act is not approved by the”.

Amend the title of the bill, ninth line, by deleting “questions” and inserting “a question”.

Senator McGinness moved the adoption of the amendment.

Remarks by Senator McGinness.

Amendment adopted.

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

Assembly Bill No. 529.

Bill read second time.

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

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;

(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

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”.

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. 541.

Bill read second time.

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

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”.

Senator O'Connell moved the adoption of the amendment.

Remarks by Senator O'Connell.

Amendment adopted.

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

Senate Bill No. 420.

Bill read second time.

The following amendment was proposed by the Committee on Finance:

Amendment No. 861.

Amend the bill as a whole by deleting sections 1 through 3 and adding:

“Secs. 1-3. (Deleted by amendment.)”.

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 501.356 is hereby amended to read as follows:

501.356 1. Money received by the Division from:

(a) The sale of licenses;

(b) Fees pursuant to the provisions of NRS 488.075 and 488.1795;

(d) Appropriations made by the Legislature; and

(e) All other sources, except money derived from the forfeiture of any property described in NRS 501.3857 or money deposited in the Wildlife Heritage Trust Account pursuant to NRS 501.3575 or in the Trout Management Account pursuant to NRS 502.327,

must be deposited with the State Treasurer for credit to the Wildlife Account in the State General Fund.

2. The interest and income earned on the money in the Wildlife Account, after deducting any applicable charges, must be credited to the Account.

3. Except as otherwise provided in subsection 4, the Division may use money in the Wildlife Account only to carry out the provisions of this title and chapter 488 of NRS and as provided in NRS 365.535, and the money must not be diverted to any other use.

4. Except as otherwise provided in NRS 502.250 ~~[, 502.310]~~ and 504.155, all fees for the sale or issuance of stamps, tags, permits and licenses that are required to be deposited in the Wildlife Account pursuant to the provisions of this title must be accounted for separately and may be used only for the management of wildlife.”.

Amend sec. 7, page 5, by deleting lines 14 through 17 and inserting: “sell hunting licenses, for a fee of $10.”.

Amend sec. 8, page 5, line 22, after “Wildlife” by inserting “Obligated Reserve”.

Amend sec. 9, page 5, line 36, by deleting “wetlands” and inserting: “the habitats of upland game birds”.

Amend sec. 11, page 6, line 2, after “fee” by inserting “of $3”.

Amend sec. 11, page 6, by deleting lines 3 through 6.

Amend sec. 11, page 6, line 7, by deleting “3.” and inserting “2.”.

Amend sec. 11, page 6, line 10, by deleting “and” and inserting: “and, except as otherwise provided in NRS 502.310 and section 8 of this act,”.

Amend sec. 11, page 6, line 15, by deleting “4.” and inserting “3.”.

Amend sec. 12, page 6, by deleting lines 34 through 37 and inserting: “accompanied by a fee of $100 for processing the application.”.

Amend the bill as a whole by deleting sec. 13 and adding:

“Sec. 13. (Deleted by amendment.)”.

Amend sec. 14, page 8, lines 3 and 4, by deleting: “each:

(a) Public or private mental” and inserting: “each public and private nonprofit:

(a) Mental”.

Amend sec. 14, page 8, line 6, by deleting: “Public or private facility” and inserting “Facility”.

Amend sec. 14, page 8, by deleting lines 35 through 39 and inserting: “an annual fee of ~~[$15]~~ $25 for each permit issued to the ~~[institution or]~~ organization pursuant to this section. The Division shall not issue”.

Amend the bill as a whole by deleting sec. 17 and adding:

“Sec. 17. (Deleted by amendment.)”.

Amend sec. 21, page 12, by deleting line 24 and inserting: “payment of a fee of ~~[$5,]~~ $10, the ”.

Amend sec. 21, page 12, by deleting line 30 and inserting: “of a fee of ~~[$5.]~~ $10.”.

Amend sec. 21, page 12, by deleting lines 33 through 36.

Amend sec. 22, page 12, line 38, by deleting “1.”.

Amend sec. 22, page 12, line 40, by deleting “~~[1.]~~ (a)” and inserting “1.”.

Amend sec. 22, page 12, by deleting line 43 and inserting: “payment of ~~[$5]~~ a fee of $10 for an ”.

Amend sec. 22, page 13, line 1, by deleting “~~[2.]~~ (b)” and inserting “2.”.

Amend sec. 22, page 13, by deleting line 5 and inserting: “payment of a fee of:”.

Amend sec. 22, page 13, line 12, by deleting “48” and inserting “50”.

Amend sec. 22, page 13, line 15, by deleting “300” and inserting “750”.

Amend sec. 22, page 13, line 16, by deleting “95” and inserting “125”.

Amend sec. 22, page 13, by deleting lines 18 through 21 and inserting:

“3. To any person who has attained his 12th birthday but who has not attained his 16th birthday, and who is not a bona fide resident of the State of Nevada, upon the payment of ~~[$8]~~ a fee of $17 for an annual fishing license . ~~[, except for a fishing license to fish in the~~”.

Amend sec. 22, page 13, by deleting lines 25 through 30 and inserting: “~~to exceed $30.]~~

4. Except as otherwise provided in subsection 3, to any person who is not a bona fide resident of the State of Nevada, upon the payment of a fee of:

~~[For a fishing license, except for a fishing license~~”.

Amend sec. 22, page 13, by deleting line 36.

Amend sec. 22, page 13, line 38, by deleting “$63” and inserting “$65”.

Amend sec. 22, page 13, line 39, by deleting “14” and inserting “17”.

Amend sec. 22, page 13, line 41, by deleting “6” and inserting “7”.

Amend sec. 22, page 14, line 1, by deleting “$625” and inserting “$1,500”.

Amend sec. 22, page 14, line 2, by deleting “188” and inserting “250”.

Amend sec. 22, page 14, line 4, by deleting “19” and inserting “20”.

Amend sec. 22, page 14, line 6, by deleting “7” and inserting “8”.

Amend sec. 22, page 14, line 8, by deleting “ ~~[5.]~~ (d)” and inserting “5.”.

Amend sec. 22, page 14, by deleting line 9 and inserting: “payment of a fee of:”.

Amend sec. 22, page 14, by deleting lines 28 through 30.

Amend sec. 23, page 14, line 39, by deleting “~~[or]~~” and inserting “or”.

Amend sec. 23, pages 14 and 15, by deleting lines 41 through 44 on page 14 and lines 1 through 3 on page 15, and inserting: “16th birthday; or”.

Amend sec. 23, page 15, by deleting line 11 and inserting: “a fee of:”.

Amend sec. 23, page 15, by deleting lines 16 through 19 and inserting:

“3. For the purposes of this section, “severe physical disability”.

Amend sec. 24, page 15, line 24, by deleting “base”.

Amend sec. 24, page 16, by deleting line 7 and inserting:

“4. A fee not to exceed $10”.

Amend sec. 24, page 16, by deleting lines 10 through 13 and inserting: “of not less than $5 but not more than $15 must be charged for processing an application for an elk , ~~[tag,]~~ $5 of which must be deposited with the”.

Amend sec. 24, page 16, line 14, after “Wildlife” by inserting “Obligated Reserve”.

Amend sec. 24, page 16, by deleting lines 17 through 20 and inserting:

“5. The Commission may accept sealed bids for or may auction not”.

Amend sec. 24, page 16, line 31, by deleting “~~[6.]~~ 7.” and inserting “6.”.

Amend sec. 24, page 16, line 39, by deleting “~~[7,]~~ 8,” and inserting “7,”.

Amend sec. 24, page 17, line 1, by deleting “~~[7.]~~ 8.” and inserting “7.”.

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

“Sec. 25. (Deleted by amendment.)”.

Amend sec. 26, page 17, by deleting lines 35 through 39 and inserting: “State of Nevada are exempt from the payment of fees for fishing and hunting licenses.

2. When applying for a free fishing ~~[and hunting licenses, resident Indians]~~ or hunting license, a resident Native ”.

Amend sec. 26, page 18, by deleting lines 4 and 5 and inserting: “reservation in this state , all ~~[resident Indians,]~~ Native Americans, otherwise exempt under subsection 1, ~~[shall]~~ must secure resident”.

Amend the bill as a whole by deleting sec. 27 and adding:

“Sec. 27. (Deleted by amendment.)”.

Amend sec. 28, page 18, by deleting lines 38 and 39 and inserting:

“3. Unexpired duck stamps must be sold for a fee of not more than ~~[$5]~~ $10 each by the Division”.

Amend sec. 28, page 18, line 43, by deleting “The”.

Amend sec. 28, pages 18 and 19, by deleting line 44 on page 18 and lines 1 and 2 on page 19.

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. NRS 502.310 is hereby amended to read as follows:

502.310 All money received pursuant to NRS 502.300 must be deposited with the State Treasurer for credit to the Wildlife Obligated Reserve Account in the State General Fund. The Division shall maintain separate accounting records for the receipt and expenditure of that money. An amount not to exceed 10 percent of that money may be used to reimburse the Division for the cost of administering the state duck stamp programs. This amount is in addition to compensation allowed persons authorized to issue and sell licenses.”.

Amend sec. 29, page 19, lines 23 and 24, by deleting: “~~[of $10 each]~~ , the base amount of which is $10,” and inserting: “of $10 each”

Amend sec. 29, page 19, by deleting lines 26 through 28 and inserting “licenses.”.

Amend sec. 30, page 19, by deleting line 32 and inserting: “collect a fee of not more than ~~[$5]~~ $10 ”.

Amend sec. 30, page 19, by deleting lines 36 through 41 and inserting: “administrative fee of not more than ~~[$5]~~ $10 for the issuance of a duplicate certificate of successful completion of the course.”.

Amend sec. 31, page 20, by deleting line 4 and inserting: “and pay a fee of:”.

Amend sec. 31, page 20, by deleting lines 9 through 11.

Amend sec. 32, page 21, by deleting lines 11 through 16 and inserting: “a permit of not more than ~~[$100]~~ $125 per year ~~[.]~~ , except that the fee for a permit issued for a period of less than 6 months is $68.”.

Amend sec. 33, page 22, line 13, by deleting: “base amount of the”.

Amend sec. 33, page 22, line 15, by deleting: “The actual amount”.

Amend sec. 33, page 22, by deleting lines 16 through 18.

Amend sec. 34, page 22, by deleting line 32 and inserting: “accompanied by a fee of ~~[$5]~~ $15”.

Amend sec. 34, page 22, line 35, by deleting “The”.

Amend sec. 34, page 22, by deleting lines 36 through 38.

Amend sec. 35, page 23, by deleting lines 10 through 13 and inserting: “A registration fee of ~~[$5]~~ $10 for each registrant is”.

Amend sec. 36, page 23, line 26, by deleting “base”.

Amend sec. 36, page 23, line 27, by deleting: “The actual amount”.

Amend sec. 36, page 23, by deleting lines 28 through 30.

Amend sec. 38, page 24, by deleting lines 37 through 40 and inserting: “nonrefundable fee of $1,500.”.

Amend sec. 38, page 24, line 42, after “Division.” by inserting: “If that person was not licensed as a subguide during the previous licensing year, his application must be accompanied by a nonrefundable fee of $50.”.

Amend the bill as a whole by deleting sec. 39 and adding:

“Sec. 39. (Deleted by amendment.)”.

Amend sec. 40, page 26, by deleting lines 25 and 26 and inserting: “motorboat and must be accompanied by a fee of ~~[$15]~~ $20 for the certificate of ownership and a fee”.

Amend sec. 40, page 27, lines 11 and 25, by deleting “base”.

Amend sec. 40, page 27, by deleting lines 27 through 29.

Amend sec. 41, page 27, line 31, by deleting “~~[1.]~~” and inserting “1.”.

Amend sec. 41, page 27, by deleting lines 41 and 42 and inserting:

“2. All records of the Division of Wildlife made or kept pursuant to this section are public records.”.

Amend sec. 42, page 28, by deleting line 2 and inserting: “fee of ~~[$5]~~ $20 with the Division of”.

Amend sec. 42, page 28, line 5, by deleting: “The actual amount of”.

Amend sec. 42, page 28, by deleting lines 6 through 8.

Amend the bill as a whole by deleting sec. 43 and adding:

“Sec. 43. (Deleted by amendment.)”.

Amend sec. 45, page 29, line 25, after “Sections” by inserting “4.5,”.

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

“AN ACT relating to wildlife; authorizing the Division of Wildlife of the State Department of Conservation and Natural Resources under”.

Senator Raggio moved the adoption of the amendment.

Remarks by Senators Raggio, Neal and Coffin.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

INTRODUCTION, FIRST READING AND REFERENCE

By Senators Raggio, Townsend; Washington, Mathews; Assemblymen Hettrick, Angle, Gustavson, Knecht, Marvel, Anderson, Geddes, Gibbons and Leslie:

Senate Bill No. 497—AN ACT relating to county finances; authorizing the imposition of a fee on rental cars and the issuance of revenue bonds in certain counties to finance a minor league baseball stadium; providing for the collection, distribution and use of the fee; authorizing a county to revise certain schedules of fees, rates, charges and taxes to ensure the payment of certain revenue bonds of the county; and providing other matters properly relating thereto.

Senator Raggio moved that the bill be referred to the Committee on Government Affairs.

Motion carried.

By the Committee on Finance:

Senate Bill No. 498—AN ACT relating to securities; requiring the reversion to the State General Fund of certain money in the Revolving Account for Investigation, Enforcement and Education; and providing other matters properly relating thereto.

Senator Raggio moved that the bill be referred to the Committee on Finance.

Motion carried.

Senator Raggio moved that the Senate recess subject to the call of the Chair.

Motion carried.

Senate in recess at 1:15 p.m.

SENATE IN SESSION

At 1:28 p.m.

President Hunt presiding.

Quorum present.

Assembly Bill No. 29.

Senator Rawson moved that the bill be referred to the Committee on Finance.

Motion carried.

Assembly Bill No. 515.

Senator Rawson moved that the bill be referred to the Committee on Finance.

Motion carried.

WAIVERS AND EXEMPTIONS

Waiver of Joint Standing Rule(s)

A Waiver requested by Senator William J. Raggio

For: Senate Bill No. 497.

To Waive:

Subsections 1 and 2 of Joint Standing Rule No. 14 and Joint Standing Rule Nos. 14.2 and 14.3.

With the following conditions:

Must be introduced within 10 days after delivery (if new BDR) May 21, 2003.

Has been granted effective: May 23, 2003.

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

Notice of Exemption

May 19, 2003

The Fiscal Analysis Division, pursuant to Joint Standing Rule No. 14.6, has determined the exemption of Senate Bill No. 456.

Mark Stevens

Fiscal Analysis Division

May 21, 2003

The Fiscal Analysis Division, pursuant to Joint Standing Rule No. 14.6, has determined the exemption of Senate Bills Nos. 249, 306, 473.

Mark Stevens

Fiscal Analysis Division

GENERAL FILE AND THIRD READING

Assembly Bill No. 23.

Bill read third time.

Roll call on Assembly Bill No. 23:

Yeas—15.

Nays—Carlton, Cegavske, O'Connell, Tiffany, Titus, Wiener—6.

Assembly Bill No. 23 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 30.

Bill read third time.

Roll call on Assembly Bill No. 30:

Yeas—21.

Nays—None.

Assembly Bill No. 30 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 48.

Bill read third time.

Remarks by Senator Hardy.

Senator Hardy requested that his remarks be entered in the Journal.

Thank you, Madam President. Based on conversations we had in committee concerning this bill, the bill clarifies that the Labor Commissioner has to enforce all laws concerning employment, wages and hours for all individuals regardless of their status as citizens. The issue is designed to address unscrupulous contractors who hire illegal immigrants but, when caught and are found guilty, they use as a defense that they are not responsible because the employees are not legal citizens.

Our legal counsel assured the committee there are federal laws to address the issue of someone obtaining employment under false pretenses who knowingly provides false documentation.

Roll call on Assembly Bill No. 48:

Yeas—21.

Nays—None.

Assembly Bill No. 48 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 84.

Bill read third time.

Roll call on Assembly Bill No. 84:

Yeas—21.

Nays—None.

Assembly Bill No. 84 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 136.

Bill read third time.

Roll call on Assembly Bill No. 136:

Yeas—21.

Nays—None.

Assembly Bill No. 136 having received a constitutional majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 150.

Bill read third time.

Roll call on Assembly Bill No. 150:

Yeas—21.

Nays—None.

Assembly Bill No. 150 having received a constitutional majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 220.

Bill read third time.

Roll call on Assembly Bill No. 220:

Yeas—21.

Nays—None.

Assembly Bill No. 220 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 225.

Bill read third time.

Roll call on Assembly Bill No. 225:

Yeas—21.

Nays—None.

Assembly Bill No. 225 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 250.

Bill read third time.

Remarks by Senators Neal, Care, Amodei and Coffin.

Senator Neal requested that his and Senator Amodei's remarks be entered in the Journal.

Senator Coffin requested that his remarks be entered in the Journal.

Thank you, Madam President. On section 10, page 8, line 22, “Material support,” means any financial, logistical, informational or other support or assistance intended to further an attack of terrorism.” I want to ask if that stands alone by itself as a definition, because many of us would call these subjective judgments as to what is terrorism.

To some people, a terrorist is a freedom fighter. Material support has come from Nevada and many other states to the Irish in Northern Ireland for the IRA. While the IRA is considered by some as a terrorist organization, by others, the IRA consists of people fighting for freedom and justice for Catholics in Northern Ireland. In Spain, ETA is considered by many to be a terrorist organization. To many Basque people in Nevada and across the United States, ETA is a freedom fighting organization looking for their own state in the Pyrenees Mountains.

I want to make certain that this bill is not going to make a criminal out of people who donate to what some people might call a terrorist organization. The definition of terrorist is narrow with it meaning any act that involves the use of or attempted use of sabotage, coercion or violence which causes damage and destruction. This is what these people do to earn their freedom. I have participated in movements like this, and I think, many others may have given money to organizations. Do we ensnare them in a net that was not intended?

Senator Amodei:

Thank you, Madam President. It is a fair question, and to my colleague from Clark County, the committee struggled with it in Senate Bill No. 38 as well as Senate Bill No. 250. I think you have ignored some very important words in section 10. The key word is “intended” which means if I am prosecuting you for this, I must prove that you intended with your monetary donation to further an act of terrorism. If you have given money to the Irish Relief League or some other organization, in order to prosecute you successfully, I would have to prove that your monetary donation was intended to further an act of terrorism. As a former prosecutor, support of terrorism is a hard thing to prove with just a monetary donation going to some place several thousand miles away.

Let me read for you what the definition use to be before we changed it. It reads as follows: “material support means, currency, securities, negotiable instruments, or financial services or assistance of any kind, housing, lodging or facilities of any kind used for training, living, or concealment of information and instruction or training of any kind, personnel, support staff, or services or assistance of any kind. It is any weapon of mass destruction, any biological agent, chemical agent, radioactive agent, or other lethal agent or any toxin, any delivery system for use as a weapon, or any firearm, explosive or any other weapon of any kind, any means of transportation, any means of oral written or electronic communication, a license, passport, certificate, permit or document of any kind used for identification, authority, or access whether or not obtained validly, any other related services, assistance or property of any kind.”

Nowhere in the definition is a statement that “is intended to be used to further an act,” and I would suggest that you would use the words “an act” which points to a specific act of terrorism.

The answer to your question is, “yes.” The committee thought about it and thought this laundry list was not tied to any “intent” and was not the appropriate thing to use. In fact, we used this amendment in Senate Bill No. 38. I know that does not give much solace. It is something we struggled with in committee and attempted to define it in some way to avoid the situation of supporting any ethnic group along those lines. It was meant to be caught by this language. That is why we refer to “intent” to further an act of terrorism, and it represented the consensus of the committee.

Senator Coffin:

I just wanted to be certain what the previous speaker, the chairman of the committee, indicated.

He has read a former definition and has done a masterful job of shortening it to three lines, but it means all of the above that you had previously listed, financial, logistical, informational or other support.

That is a good catch all for what is terrorism. The chairman has said you have to have “intended” to further an act of terrorism. I think any one who gives to a freedom movement knows that there is going to be some violence, some time. You may or may not intend to specifically contribute to a specific act on a specific day, but you may know that something will happen in a resistance movement, and it will not be pleasant. The question of intention requires someone to prove that you intended it. You can go through a lot of grief proving your own innocence. Under the present climate, you will be on the defense without the resources to defend yourself.

There is a long list of organizations on the list of terrorist organizations. Some may or may not belong there, but they are there. You cannot always tell where your money is going to go. Prosecutors have looked to what used to be thought of as peaceful organizations that filtered money or moved money to other groups. If a person who gives to a group can prove his innocence saying he did not intend a specific act, he may be able to avoid prosecution, but it will be at great expense. This is a catch all that will ensnare many people sometime in the future. This may be in the federal law as much of the legislation already is. The Senator said, in essence, if you are caught, you could be prosecuted. I want to be certain for the record what “may have a slim chance at being caught” means. I do not wish to restate your words, please help clear the issue, for I feel it is a key paragraph in this bill.

Senator Amodei:

Thank you, Madam President. What I indicated was that by adding the words “intent to further an act of terrorism,” we had narrowed the six-inch laundry list that use to be in the bill.

I had suggested in my comments that it is a hard thing to prove what a person’s intent is with merely a donation to a group from several thousand miles away. In the scenario the Senator provided, if you say, “I contributed to this group knowing that they were going to use this to buy weapons for whatever reason,” then that would be a problem under this bill, and I would suggest that is exactly the type of conduct that this measure seeks to prohibit.

Senator Neal:

Thank you, Madam President. The chairman of the Judiciary Committee has spoken to section 25 that he says only deals with forfeiture of property. What is included in that section is the definition of terrorist found in section 15, and section 7 of NRS 202.446. Any group who comes under the amorphous term “gang” could be charged with a terrorist act if they were intimidating people or other such actions. These acts of intimidation normally go on now among the gangs when they fight, but this action is not classified as a terrorist act and therefore have all of the enhanced penalties that would be associated with this. If that could not happen, then how could the forfeiture of the property take place? It has to be a charge of terrorism in order for forfeiture to occur. I would submit, that the definition of terrorism under these three categories named above is broad enough to take into account gang activity. Therefore, I see this expanding into an area beyond your intentions.

Individuals who engage in domestic disputes should not be charged with a terrorist act but would be charged under the law as it presently exists. This section 25 will expand that category for those individuals calling them terrorists. According to present laws, when we talk about criminal gangs, we are talking about individuals who have a common name or a common symbol. That could include Elks, Masons and other groups. If they should happen to send money to a group fighting in a foreign country, they could fall into this category called “aiding and abetting” terrorism. They could be charged with a terrorist act. However, intended, this language needs some work. I think the Senate did amend this bill at one time, but now, it must go back to the Assembly to have these amendments acted upon. I spoke with the sponsor of the bill, Mr. Perkins, and he said it was not their intention to include criminal gangs in any way where they could be charged with a terrorist act. I hope when it goes back to the Assembly for whatever concurrence there may be, that they will take another look at this. This proposal, unintentionally, will bring other groups into this bill, groups which could come under the amorphous term “gang.”

I had stated earlier about the anti-lynching law of South Carolina that was well intended when passed in the early 1950s. Today, the law is being applied to young black men who happen to get into a fight with a white youngster. I can foresee Assembly Bill No. 250 being used as a tool to prosecute gang members as terrorists who probably have no relationship to September 11.

Roll call on Assembly Bill No. 250:

Yeas—19.

Nays—Coffin, Neal—2.

Assembly Bill No. 250 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

MOTIONS, RESOLUTIONS AND NOTICES

Senator Raggio moved that Assembly Bills Nos. 106, 536 be taken as the next order of business.

Remarks by Senator Raggio.

Motion carried.

GENERAL FILE AND THIRD READING

Senate Bill No. 106.

Bill read third time.

The following amendment was proposed by the Committee on Finance:

Amendment No. 841.

Amend sec. 2, page 2, by deleting lines 37 through 39 and inserting:

“(c) If a complaint is amended to name an additional plaintiff, a fee of $30 for each additional plaintiff named when the complaint is amended.”.

Senator Raggio moved the adoption of the amendment.

Remarks by Senators Neal and Raggio.

Amendment adopted.

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

Assembly Bill No. 536.

Bill read third time.

The following amendment was proposed by Senator Raggio:

Amendment No. 898.

Amend sec. 144, page 116, by deleting lines 40 through 44 and inserting: “those documents furnished by the secured party or the public utility to show the date and place of filing is:

(a) ~~[Twenty]~~ Forty dollars if the record is communicated in writing and consists of one or two pages;

(b) ~~[Forty]~~ Sixty dollars if the record is communicated in writing and consists of more than two pages, and ~~[$1]~~ $2 for each page over 20 pages;

(d) ~~[One dollar]~~ Two dollars for each additional debtor, trade name or reference to another name under which business is done.”.

Amend sec. 145, page 117, by deleting lines 2 through 12 and inserting:

(a) ~~[Twenty]~~ Fifty dollars if the request is communicated in writing; and

(b) ~~[Fifteen]~~ Forty dollars if the request is communicated by another medium authorized by filing-office rule.

2. Upon request, the Secretary of State or a county recorder shall furnish a copy of any filed security instrument upon payment of the statutory fee for copies.”.

Amend the bill as a whole by deleting sec. 151 and adding:

“Sec. 151. (Deleted by amendment.)”.

Amend sec. 152, page 122, line 11, by deleting “and 143” and inserting: “143 and 146”.

Amend sec. 152, page 122, after line 30, by inserting:

“4. Sections 144 and 145 of this act become effective at 12:01 a.m. on October 1, 2003.”.

Amend the title of the bill, fourteenth and fifteenth lines, by deleting: “authorizing the Secretary of State to hire additional personnel;”.

Senator Raggio moved the adoption of the amendment.

Remarks by Senator Raggio.

Amendment adopted.

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

Assembly Bill No. 255.

Bill read third time.

Roll call on Assembly Bill No. 255:

Yeas—21.

Nays—None.

Assembly Bill No. 255 having received a constitutional majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 291.

Bill read third time.

Roll call on Assembly Bill No. 291:

Yeas—21.

Nays—None.

Assembly Bill No. 291 having received a constitutional majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 293.

Bill read third time.

Remarks by Senators Neal and Tiffany.

Roll call on Assembly Bill No. 293:

Yeas—21.

Nays—None.

Assembly Bill No. 293 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 295.

Bill read third time.

Roll call on Assembly Bill No. 295:

Yeas—21.

Nays—None.

Assembly Bill No. 295 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 325.

Bill read third time.

Roll call on Assembly Bill No. 325:

Yeas—21.

Nays—None.

Assembly Bill No. 325 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 337.

Bill read third time.

Roll call on Assembly Bill No. 337:

Yeas—7.

Nays—Carlton, Cegavske, Coffin, Hardy, Mathews, Neal, O'Connell, Raggio, Rawson, Rhoads, Schneider, Tiffany, Titus, Wiener—14.

Assembly Bill No. 337 having failed to receive a constitutional majority, Madam President declared it lost.

Assembly Bill No. 343.

Bill read third time.

Roll call on Assembly Bill No. 343:

Yeas—21.

Nays—None.

Assembly Bill No. 343 having received a two-thirds majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 355.

Bill read third time.

Roll call on Assembly Bill No. 355:

Yeas—19.

Nays—Carlton, Neal—2.

Assembly Bill No. 355 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 369.

Bill read third time.

Roll call on Assembly Bill No. 369:

Yeas—18.

Nays—Cegavske, Hardy, O'Connell—3.

Assembly Bill No. 369 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 388.

Bill read third time.

Roll call on Assembly Bill No. 388:

Yeas—21.

Nays—None.

Assembly Bill No. 388 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 393.

Bill read third time.

Remarks by Senators Neal and Hardy.

Roll call on Assembly Bill No. 393:

Yeas—21.

Nays—None.

Assembly Bill No. 393 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 398.

Bill read third time.

Roll call on Assembly Bill No. 398:

Yeas—21.

Nays—None.

Assembly Bill No. 398 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 425.

Bill read third time.

Remarks by Senators Neal and Hardy.

Roll call on Assembly Bill No. 425:

Yeas—21.

Nays—None.

Assembly Bill No. 425 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 429.

Bill read third time.

Roll call on Assembly Bill No. 429:

Yeas—21.

Nays—None.

Assembly Bill No. 429 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 431.

Bill read third time.

Roll call on Assembly Bill No. 431:

Yeas—21.

Nays—None.

Assembly Bill No. 431 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 432.

Bill read third time.

Remarks by Senators Neal and O'Connell.

Roll call on Assembly Bill No. 432:

Yeas—21.

Nays—None.

Assembly Bill No. 432 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 444.

Bill read third time.

Roll call on Assembly Bill No. 444:

Yeas—21.

Nays—None.

Assembly Bill No. 444 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 452.

Bill read third time.

Roll call on Assembly Bill No. 452:

Yeas—21.

Nays—None.

Assembly Bill No. 452 having received a two-thirds majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

MOTIONS, RESOLUTIONS AND NOTICES

Senator Washington moved to consider Assembly Bill No. 163 next on the agenda.

Remarks by Senator Washington.

Motion carried.

GENERAL FILE AND THIRD READING

Assembly Bill No. 163.

Bill read third time.

The following amendment was proposed by Senator Washington:

Amendment No. 897.

Amend sec. 81, pages 58 and 59, by deleting lines 18 through 44 on page 58 and lines 1 through 35 on page 59, and inserting:

“thereto the provisions set forth as sections 81.3 and 81.7 of this act.”.

Amend the bill as a whole by adding new sections designated sections 81.3 and 81.7, following sec. 81, to read as follows:

“Sec. 81.3. 1. If the Department has reasonable cause to believe that any person has failed to comply with the provisions of NRS 364A.130, the Department may issue an order directed to the person to show cause why the Department should not order the person to cease and desist from conducting a business in this state. The order must contain a statement of the charges and a notice of a hearing to be held thereon. The order must be served upon the person directly or by certified or registered mail, return receipt requested.

2. If, after conducting a hearing pursuant to the provisions of subsection 1, the Department determines that the person has failed to comply with the provisions of NRS 364A.130 or if the person fails to appear for the hearing after being properly served with the statement of charges and notice of hearing, the Department may make a written report of its findings of fact concerning the violation and cause to be served a copy thereof upon the person at the hearing. If the Department determines in the report that such failure has occurred, the Department may order the violator to:

(a) Cease and desist from conducting a business in this state; and

(b) Pay the costs of reporting services, fees for experts and other witnesses, charges for the rental of a hearing room if such a room is not available to the Department free of charge, charges for providing an independent hearing officer, if any, and charges incurred for any service of process, if the violator is adjudicated to have failed to comply with the provisions of NRS 364A.130.

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

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

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

5. If the court finds that:

(a) There has been a failure to comply with the provisions of NRS 364A.130;

(b) The proceedings by the Department concerning the written report and any order issued pursuant to subsection 3 are in the interest of the public; and

(c) The findings of the Department are supported by the weight of the evidence,

the court shall issue an order enforcing the provisions of the order of the Department.

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

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

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

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

Sec. 81.7. A person described in NRS 612.144 is exempt from the provisions of this chapter.”.

Amend the title of the bill, page 2, first line, after “licenses;” by inserting: “providing that persons selling or soliciting the sale of products in certain circumstances are exempt from business tax provisions;”.

Senator Washington moved the adoption of the amendment.

Remarks by Senator Washington.

Amendment adopted.

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

MOTIONS, RESOLUTIONS AND NOTICES

Senator Schneider moved to consider Assembly Bill No. 236 next on the agenda.

Remarks by Senator Schneider.

Motion carried.

GENERAL FILE AND THIRD READING

Assembly Bill No. 236.

Bill read third time.

The following amendment was proposed by Senator Schneider:

Amendment No. 888.

Amend the bill as a whole by adding a new section designated sec. 7, following sec. 6, to read as follows:

“Sec. 7. Chapter 449 of NRS is hereby amended by adding thereto a new section to read as follows:

1. The Health Division shall designate one alternative clinical facility in this state to be subject to the provisions of this section.

2. The alternative clinical facility designated pursuant to subsection 1:

(a) Shall provide each patient with information concerning the procedures, drugs and devices that will be used in providing services to the patient, and obtain the informed consent of the patient before the services are provided;

(b) Shall provide each patient with information concerning the costs and fees that will be charged for providing services to the patient, and obtain the consent of the patient to such costs and fees before the services are provided; and

(c) Shall not advertise its services as providing a cure for a disease or health condition, or make claims or guarantees that its services provide a cure for a disease or health condition, unless:

(1) A published scientific study substantiates the appropriateness of the procedures, medical devices or drugs that are used in treating the disease or health condition; or

(2) A study is currently being conducted for the purpose of establishing evidence that the procedures, medical devices or drugs that are used in treating the disease or health condition are appropriate for treating the disease or health condition.

3. Notwithstanding any other provision of law, the Board of Medical Examiners, Board of Homeopathic Medical Examiners, State Board of Osteopathic Medicine and State Board of Pharmacy shall not deny, suspend, revoke or limit the licensure, registration, certification or permit of a physician or take any other disciplinary action based on the use of drugs or devices by the physician at the alternative clinical facility designated pursuant to subsection 1 unless:

(a) A negligent act of the physician causes harm to a patient;

(b) The physician engages in gross negligence in the practice of medicine; or

(c) The conduct of the physician violates a specific provision of state or federal law.

4. The Health Division shall:

(a) Annually review its designation pursuant to subsection 1 and renew the designation if the Health Division determines that the same alternative clinical facility should be designated for the following year; and

(b) Provide that the alternative clinical facility designated pursuant to subsection 1 may expand the premises at which it provides services, but that the services must be provided at only one physical location.

5. The alternative clinical facility designated pursuant to subsection 1 shall not later than February 1 of each year submit to the Director of the Legislative Counsel Bureau for distribution to the Legislature a report which includes:

(a) The number of patients that were treated at the facility during the preceding year;

(b) A summary of the medical conditions treated at the facility during the preceding year; and

(c) Any procedures or treatments identified by the facility as involving topics for potential research.

6. The Health Division shall adopt any regulations necessary to carry out the provisions of this section.

7. As used in this section, “alternative clinical facility” means a facility where physicians licensed pursuant to chapter 630, 630A or 633 of NRS provide alternative medical services for a legitimate medical purpose.”.

Amend the title of the bill to read as follows:

“AN ACT relating to health care; requiring the Office for Consumer Health Assistance to assist consumers in gaining information regarding certain prescription drug programs; authorizing the Office to accept gifts, grants and donations to support this service; requiring the Health Division of the Department of Human Resources to designate one alternative clinical facility; setting forth various provisions concerning the alternative clinical facility; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY―Makes various changes concerning health care. (BDR 18‑203)”.

Senator Schneider moved the adoption of the amendment.

Remarks by Senators Schneider, O'Connell, Washington, Townsend, Tiffany, Mathews and Care.

Motion failed.

Roll call on Assembly Bill No. 236:

Yeas—21.

Nays—None.

Assembly Bill No. 236 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 453.

Bill read third time.

Roll call on Assembly Bill No. 453:

Yeas—21.

Nays—None.

Assembly Bill No. 453 having received a two-thirds majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 459.

Bill read third time.

Remarks by Senators Neal and McGinness.

Roll call on Assembly Bill No. 459:

Yeas—21.

Nays—None.

Assembly Bill No. 459 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 469.

Bill read third time.

Roll call on Assembly Bill No. 469:

Yeas—21.

Nays—None.

Assembly Bill No. 469 having received a constitutional majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 473.

Bill read third time.

Roll call on Assembly Bill No. 473:

Yeas—21.

Nays—None.

Assembly Bill No. 473 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 516.

Bill read third time.

Roll call on Assembly Bill No. 516:

Yeas—20.

Nays—O'Connell.

Assembly Bill No. 516 having received a constitutional majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 526.

Bill read third time.

Roll call on Assembly Bill No. 526:

Yeas—21.

Nays—None.

Assembly Bill No. 526 having received a constitutional majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

Assembly Joint Resolution No. 3 of the 71st Session.

Resolution read third time.

Roll call on Assembly Joint Resolution No. 3 of the 71st Session:

Yeas—21.

Nays—None.

Assembly Joint Resolution No. 3 of the 71st Session having received a constitutional majority, Madam President declared it passed.

Resolution ordered transmitted to the Assembly.

Senate Bill No. 496.

Bill read third time.

Roll call on Senate Bill No. 496:

Yeas—21.

Nays—None.

Senate Bill No. 496 having received a constitutional majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 471.

Bill read third time.

Roll call on Assembly Bill No. 471:

Yeas—21.

Nays—None.

Assembly Bill No. 471 having received a constitutional majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 160.

Bill read third time.

Roll call on Assembly Bill No. 160:

Yeas—21.

Nays—None.

Assembly Bill No. 160 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 57.

Bill read third time.

Roll call on Assembly Bill No. 57:

Yeas—21.

Nays—None.

Assembly Bill No. 57 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 239.

Bill read third time.

Roll call on Assembly Bill No. 239:

Yeas—19.

Nays—Cegavske, O'Connell—2.

Assembly Bill No. 239 having received a two-thirds majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 396.

Bill read third time.

Roll call on Assembly Bill No. 396:

Yeas—21.

Nays—None.

Assembly Bill No. 396 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 144.

Bill read third time.

The following amendment was proposed by Senator Carlton:

Amendment No. 862.

Amend section 1, page 2, by deleting lines 3 and 4.

Senator Carlton moved the adoption of the amendment.

Remarks by Senators Carlton and Raggio.

Amendment adopted.

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

Senator Neal moved that the Senate recess subject to the call of the Chair.

Motion carried.

Senate in recess at 3:01 p.m.

SENATE IN SESSION

At 3:48 p.m.

President Hunt presiding.

Quorum present.

MOTIONS, RESOLUTIONS AND NOTICES

Senator Raggio moved that Assembly Bill No. 144 be taken from the General File and placed on the Secretary’s desk upon return from reprint.

Remarks by Senator Raggio.

Motion failed on a division of the house.

Senator Neal moved that the action whereby Assembly Bill No. 337 was passed be rescinded.

Remarks by Senators Neal and Raggio.

Motion failed.

UNFINISHED BUSINESS

Consideration of Assembly Amendments

Senate Bill No. 24.

The following Assembly amendment was read:

Amendment No. 620.

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

“Sec. 2. NRS 652.190 is hereby amended to read as follows:

652.190 1. A laboratory may examine specimens only at the request of:

(a) A licensed physician;

(b) Any other person authorized by law to use the findings of laboratory tests and examinations; or

(c) If the examination can be made with a testing device or kit which is approved by the Food and Drug Administration for use in the home and which is available to the public without a prescription, any person.

2. Except as otherwise provided in NRS 441A.150, 442.325 and 652.193, the laboratory may report the results of the examination only to ~~[the]~~ :

(a) The person requesting the test or procedure;

(b) A provider of health care who is treating or providing assistance in the treatment of the patient;

(c) A provider of health care to whom the patient has been referred; and ~~[to the]~~

(d) The patient for whom the testing or procedure was performed.

3. The laboratory report must contain the name of the laboratory.

~~[3.]~~ If a specimen is accepted by a laboratory and is referred to another laboratory, the name and address of the other laboratory must be clearly shown by the referring laboratory on the report to the person requesting the test or procedure.

4. Whenever an examination is made pursuant to paragraph (c) of subsection 1, the laboratory report must contain a provision which recommends that the results of the examination be reviewed and interpreted by a physician or other licensed provider of health care.

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

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

Amend the title of the bill, third line, after “patients;” by inserting: “revising the provisions regarding reporting of examination results by medical laboratories;”.

Amend the summary of the bill to read as follows:

“SUMMARY—Makes various changes relating to certain health care records. (BDR 54‑178)”.

Senator Townsend moved that the Senate concur in the Assembly amendment to Senate Bill No. 24.

Remarks by Senator Townsend.

Motion carried by a constitutional majority.

Bill ordered enrolled.

Senate Bill No. 183.

The following Assembly amendment was read:

Amendment No. 564.

Amend section 1, page 1, line 3, before “A” by inserting “1.”.

Amend section 1, page 1, line 4, after “provide” by inserting “coverage”.

Amend section 1, page 1, line 6, by deleting “1.” and inserting “(a)”.

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

Amend section 1, page 1, after line 11, by inserting:

“2. A policy of health insurance 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 coverage required by this section, and any provision of the policy that conflicts with the provisions of this section is void.”.

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 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 1 of this act.”.

Amend sec. 2, page 2, line 3, before “A” by inserting “1.”.

Amend sec. 2, page 2, line 4, after “provide” by inserting “coverage”.

Amend sec. 2, page 2, line 6, by deleting “1.” and inserting “(a)”.

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

Amend sec. 2, page 2, between lines 11 and 12, by inserting:

“2. A policy of group health insurance 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 coverage required by this section, and any provision of the policy that conflicts with the provisions of this section is void.”.

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

1. A policy of health insurance issued by a hospital or medical service corporation that provides coverage for the treatment of colorectal cancer must provide coverage for colorectal cancer screening in accordance with:

(a) The guidelines concerning colorectal cancer screening which are published by the American Cancer Society; or

(b) Other guidelines or reports concerning colorectal cancer screening which are published by nationally recognized professional organizations and which include current or prevailing supporting scientific data.

2. A policy of health insurance 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 coverage required by this section, and any provision of the policy that conflicts with the provisions of this section is void.”.

Amend sec. 3, page 2, line 14, before “A” by inserting “1.”.

Amend sec. 3, page 2, line 16, after “provide” by inserting “coverage”.

Amend sec. 3, page 2, line 18, by deleting “1.” and inserting “(a)”.

Amend sec. 3, page 2, line 20, by deleting “2.” and inserting “(b)”.

Amend sec. 3, page 2, between lines 23 and 24, by inserting:

“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 coverage required by this section, and any provision of the evidence of coverage that conflicts with the provisions of this section is void.”.

Amend the bill as a whole by renumbering sections 4 and 5 as sections 8 and 9 and adding new sections designated sections 6 and 7, following sec. 3, to read as follows:

“Sec. 6. 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 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 and section 5 of this act apply to a health maintenance organization that provides health care services through managed care to recipients of Medicaid under the State Plan for Medicaid.

Sec. 7. NRS 695C.330 is hereby amended to read as follows:

695C.330 1. The Commissioner may suspend or revoke any certificate of authority issued to a health maintenance organization pursuant to the provisions of this chapter if he finds that any of the following conditions exist:

(a) The health maintenance organization is operating significantly in contravention of its basic organizational document, its health care plan or in a manner contrary to that described in and reasonably inferred from any other information submitted pursuant to NRS 695C.060, 695C.070 and 695C.140, unless any amendments to those submissions have been filed with and approved by the Commissioner;

(b) The health maintenance organization issues evidence of coverage or uses a schedule of charges for health care services which do not comply with the requirements of NRS 695C.170 to 695C.200, inclusive, or 695C.1694, 695C.1695 or 695C.207 ~~[;]~~ or section 5 of this act;

(d) The State Board of Health certifies to the Commissioner that the health maintenance organization:

(1) Does not meet the requirements of subsection 2 of NRS 695C.080; or

(2) Is unable to fulfill its obligations to furnish health care services as required under its health care plan;

(e) The health maintenance organization is no longer financially responsible and may reasonably be expected to be unable to meet its obligations to enrollees or prospective enrollees;

(f) The health maintenance organization has failed to put into effect a mechanism affording the enrollees an opportunity to participate in matters relating to the content of programs pursuant to NRS 695C.110;

(g) The health maintenance organization has failed to put into effect the system for complaints required by NRS 695C.260 in a manner reasonably to dispose of valid complaints;

(h) The health maintenance organization or any person on its behalf has advertised or merchandised its services in an untrue, misrepresentative, misleading, deceptive or unfair manner;

(i) The continued operation of the health maintenance organization would be hazardous to its enrollees; or

(j) The health maintenance organization has otherwise failed to comply substantially with the provisions of this chapter.

2. A certificate of authority must be suspended or revoked only after compliance with the requirements of NRS 695C.340.

3. If the certificate of authority of a health maintenance organization is suspended, the health maintenance organization shall not, during the period of that suspension, enroll any additional groups or new individual contracts, unless those groups or persons were contracted for before the date of suspension.

4. If the certificate of authority of a health maintenance organization is revoked, the organization shall proceed, immediately following the effective date of the order of revocation, to wind up its affairs and shall conduct no further business except as may be essential to the orderly conclusion of the affairs of the organization. It shall engage in no further advertising or solicitation of any kind. The Commissioner may by written order permit such further operation of the organization as he may find to be in the best interest of enrollees to the end that enrollees are afforded the greatest practical opportunity to obtain continuing coverage for health care.”.

Amend sec. 4, page 2, line 26, before “A” by inserting “1.”.

Amend sec. 4, page 2, line 28, after “provide” by inserting “coverage”.

Amend sec. 4, page 2, line 29, by deleting “1.” and inserting “(a)”.

Amend sec. 4, page 2, line 31, by deleting “2.” and inserting “(b)”.

Amend sec. 4, page 2, between lines 34 and 35, by inserting:

Amend the title of the bill, second line, after “provide” by inserting “coverage”.

Amend the summary of the bill to read as follows:

“SUMMARY—Requires certain policies of health insurance and health care plans to provide coverage for colorectal cancer screening under certain circumstances. (BDR 57‑726)”.

Senator Townsend moved that the Senate concur in the Assembly amendment to Senate Bill No. 183.

Remarks by Senator Townsend.

Motion carried by a constitutional majority.

Bill ordered enrolled.

Senate Bill No. 199.

The following Assembly amendment was read:

Amendment No. 699.

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. Chapter 202 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.”.

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

“Sec. 2. 1. Except as otherwise provided in subsection 3, a person”.

Amend section 1, page 2, by deleting lines 1 and 2.

Amend section 1, page 2, line 3, by deleting “(d)” and inserting “(c)”.

Amend section 1, page 2, line 5, by deleting “(e)” and inserting “(d)”.

Amend section 1, page 2, by deleting lines 18 and 19.

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

“Sec. 3. 1. Upon written application, the sheriff of any county may issue a permit authorizing a person whose place of business is located in that county to manufacture or to keep, offer or expose for sale switchblade knives if the person demonstrates good cause for such authorization.

2. Before issuing a permit, the sheriff shall request the board of county commissioners to hold a public hearing concerning the issuance of the permit.

3. If the sheriff issues a permit which authorizes a person to sell switchblade knives, the permit must provide that switchblade knives may be sold only to:

(a) A person in another state, territory or country;

(b) A person who is authorized by law to possess a switchblade knife in this state, including, without limitation, any sheriff, constable, marshal, peace officer and member of the Armed Forces of the United States when on duty; and

(c) A distributor who has been issued a permit pursuant to this section.”.

Amend sec. 4, page 3, line 5, after “~~for]~~” by inserting: “and section 3 of this act,”.

Amend sec. 4, page 3, line 15, by deleting “silencer;” and inserting: “silencer, unless authorized by federal law;”.

Amend sec. 4, page 5, line 7, after “mechanism.” by inserting: “The term does not include a knife which has a blade that is held in place by a spring if the blade does not have any type of automatic release.”.

Amend the title of the bill to read as follows:

“AN ACT relating to weapons; prohibiting the sale or disposition of firearms or ammunition to certain persons; authorizing certain persons to manufacture and sell switchblade knives under certain circumstances; prohibiting possession of a firearm on which the serial number has been intentionally changed, altered, removed or obliterated; revising the provisions pertaining to possession of a firearm by certain persons; making various other changes to the provisions pertaining to firearms; providing penalties; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Makes various changes concerning the sale, disposition, manufacture and possession of weapons. (BDR 15‑331)”.

Senator Amodei moved that the Senate concur in the Assembly amendment to Senate Bill No. 199.

Remarks by Senator Amodei.

Motion carried by a constitutional majority.

Bill ordered enrolled.

Senate Bill No. 204.

The following Assembly amendment was read:

Amendment No. 563.

Amend the bill as a whole by adding new sections designated sections 3 through 9, following sec. 2, to read as follows:

“Sec. 3. Chapter 489 of NRS is hereby amended by adding thereto the provisions set forth as sections 4 to 9, inclusive, of this act.

Sec. 4. As used in sections 4 to 9, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 5 and 6 of this act have the meanings ascribed to them in those sections.

Sec. 5. “Transferee” means any person who purchases, leases or takes possession in any other manner or attempts to purchase, lease or take possession in any other manner of a manufactured home, mobile home or commercial coach or any interest therein from a transferor.

Sec. 6. “Transferor” means any person who:

1. Sells or leases or attempts to sell or lease a manufactured home, mobile home or commercial coach or any interest therein to a transferee; or

2. Transfers or attempts to transfer a manufactured home, mobile home or commercial coach or any interest therein to a transferee in any other manner.

Sec. 7. 1. Except as otherwise provided in this section and unless required to make a disclosure pursuant to NRS 40.770, if a manufactured home, mobile home or commercial coach is or has been the site of a crime that involves the manufacturing of any material, compound, mixture or preparation which contains any quantity of methamphetamine, a transferor or his agent who has actual knowledge of such information shall disclose the information to a transferee or his agent.

2. The disclosure described in subsection 1 is not required if:

(a) All materials and substances involving methamphetamine have been removed from or remediated on the manufactured home, mobile home or commercial coach by an entity certified or licensed to do so; or

(b) The manufactured home, mobile home or commercial coach has been deemed safe for habitation by a governmental entity.

3. The disclosure described in subsection 1 is not required for any sale or other transfer or intended sale or other transfer of a manufactured home, mobile home or commercial coach by a transferor:

(a) To any co-owner of the manufactured home, mobile home or commercial coach, the spouse of the transferor or a person related within the third degree of consanguinity to the transferor; or

(b) If the transferor is a dealer and this is the first sale or transfer of a new manufactured home, mobile home or commercial coach.

4. The Division may adopt regulations to carry out the provisions of this section.

Sec. 8. 1. A transferor or his agent, or both, who violates any provision of section 7 of this act may be held liable to the transferee in any action at law or in equity.

2. An agent of a transferee who has actual knowledge of any information required to be disclosed pursuant to section 7 of this act may be held liable to the transferee in any action at law or in equity if he fails to disclose that information to the transferee.

3. If a transferor makes a disclosure pursuant to section 7 of this act, the transferee may:

(a) Rescind the agreement to purchase, lease or take possession of the manufactured home, mobile home or commercial coach;

(b) Make the agreement to purchase, lease or take possession of the manufactured home, mobile home or commercial coach contingent upon the repair of any damage to the manufactured home, mobile home or commercial coach that has been caused by the manufacturing of any material, compound, mixture or preparation which contains any quantity of methamphetamine; or

(c) Accept the manufactured home, mobile home or commercial coach with the damage as disclosed by the transferor without further recourse.

4. The rights and remedies provided by this section are in addition to any other rights or remedies that may exist at law or in equity.

Sec. 9. The failure of a licensed dealer, rebuilder or salesman to make the disclosure required pursuant to section 7 of this act constitutes grounds for disciplinary action pursuant to NRS 489.381.”.

Amend the title of the bill, ninth line, after “transactions;” by inserting: “requiring certain disclosures to be made to a person who purchases, leases or takes possession of a manufactured home, mobile home or commercial coach if the home or coach has been the site for the manufacture of methamphetamine; providing a penalty;”.

Amend the summary of the bill to read as follows:

“SUMMARY—Makes various changes concerning disclosure of certain information to purchasers, lessees and tenants of real property, manufactured homes, mobile homes and commercial coaches. (BDR 3‑562)”.

Senator Amodei moved that the Senate concur in the Assembly amendment to Senate Bill No. 204.

Remarks by Senator Amodei.

Motion carried by a constitutional majority.

Bill ordered enrolled.

Senate Bill No. 253.

The following Assembly amendment was read:

Amendment No. 716.

Amend section 1, page 2, by deleting lines 3 through 10 and inserting:

“2. Before a pupil is denied credit or promotion to the next higher grade for failure to comply with the attendance requirements prescribed pursuant to subsection 1, the principal of the school in which the pupil is enrolled or his designee shall provide written notice of the intended denial to the parent or legal guardian of the pupil. The notice must include a statement indicating that the pupil and his parent or legal guardian may request a review of the absences of the pupil and a statement of the procedure for requesting such a review. Upon the request for a review by the pupil and his parent or legal guardian, the principal or his designee shall review the reason for each absence of the pupil upon which the intended denial of credit or promotion is based. After the review, the principal or his designee shall credit”.

Amend section 1, page 2, line 18, after “principal” by inserting: “or his designee”.

Amend the title of the bill, third line, by deleting “credit;” and inserting: “credit or to be promoted to the next higher grade; requiring each school to provide notice to the parent or legal guardian of a pupil before the pupil is denied credit or promotion to the next higher grade;”.

Senator Rawson moved that the Senate concur in the Assembly amendment to Senate Bill No. 253.

Remarks by Senator Rawson.

Motion carried by a constitutional majority.

Bill ordered enrolled.

Senate Bill No. 287.

The following Assembly amendment was read:

Amendment No. 715.

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

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

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

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

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

Senator Rawson moved that the Senate concur in the Assembly amendment to Senate Bill No. 287.

Remarks by Senator Rawson.

Motion carried by a constitutional majority.

Bill ordered enrolled.

Senate Bill No. 297.

The following Assembly amendment was read:

Amendment No. 626.

Amend sec. 22, page 7, line 37, by deleting “2006.” and inserting “2008.”.

Senator Amodei moved that the Senate concur in the Assembly amendment to Senate Bill No. 297.

Remarks by Senator Amodei.

Motion carried by a constitutional majority.

Bill ordered enrolled.

Senate Bill No. 307.

The following Assembly amendment was read:

Amendment No. 629.

Amend sec. 5, page 4, line 22, by deleting “Each” and inserting: “Except as otherwise provided in subsection 5, each”.

Amend sec. 5, page 5, line 13, after “5.” by inserting: “A food establishment is not required to post the sign otherwise required by this section if the food establishment provides to its patrons a food or drink menu that contains a notice, in boldface type that is clearly legible and not less than the size of the type used for the items on the menu, in substantially the same form and language as is set forth in subsection 2 or authorized pursuant to paragraph (a) of subsection 4.

6.”.

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

“AN ACT relating to public health; requiring the posting of warnings in certain food establishments in which alcoholic beverages are sold regarding the dangers of drinking such”.

Amend the summary of the bill to read as follows:

“SUMMARY—Requires posting of warnings in certain food establishments regarding risk of drinking alcoholic beverages during pregnancy and merges Advisory Subcommittee on Fetal Alcohol Syndrome into Advisory Board on Maternal and Child Health. (BDR 40‑6)”.

Senator Rawson moved that the Senate concur in the Assembly amendment to Senate Bill No. 307.

Remarks by Senator Rawson.

Motion carried by a constitutional majority.

Bill ordered enrolled.

Senate Bill No. 317.

The following Assembly amendment was read:

Amendment No. 653.

Amend sec. 8 by deleting lines 20 through 45 on page 4 and lines 1 through 13 on page 5 and inserting:

“Sec. 8. (Deleted by amendment.)”.

Amend the bill as a whole by renumbering sections 15 through 17 as sections 16 through 18 and adding a new section designated sec. 15, following sec. 14, to read as follows:

“Sec. 15. NRS 211.240 is hereby amended to read as follows:

211.240 1. ~~[The]~~ Except as otherwise provided in subsection 2, the sheriff with respect to a county jail, or the officer in charge with respect to a city jail, may apply to the ~~[presiding judge, or to the judges jointly if there is no presiding judge,]~~ chief judge of the judicial district for authority to release prisoners pursuant to the provisions of this section. After considering the application, the chief judge may enter an order consistent with the provisions of this section granting authority to release prisoners in the manner set forth in the order. The duration of this authority , if granted , must not exceed 30 days.

2. In a county in which there is not a city jail, the sheriff may apply to the chief judge of the judicial district for authority to release prisoners pursuant to the provisions of this section. Upon receipt of such an application, the chief judge shall consult with a justice of the peace designated by the justices of the peace for the county and a judge designated by the municipal courts for the county. After the consultation, the chief judge may enter an order consistent with the provisions of this section granting authority to release prisoners in the manner set forth in the order. The duration of this authority, if granted, must not exceed 30 days.

3. At any time within the duration of an authority granted when the number of prisoners exceeds the number of beds available in the jail, the sheriff or other officer in charge may release the lesser of:

(a) The number of prisoners eligible under this section; or

(b) The difference between the number of prisoners and the number of beds.

~~[3.]~~ 4. A prisoner is eligible for release only if:

(a) He ~~[is serving a sentence of fixed duration and has already served at least 90 percent of the sentence after deduction of any credit; and~~

~~(b) His sentence would expire or he would otherwise be released within 5 days.~~

~~4.]~~ has served at least 75 percent of his sentence;

(b) He is not serving a sentence for a crime for which a mandatory sentence is required by statute;

(c) He is not serving a sentence for a crime which involved an act of violence; and

(d) He does not pose a danger to the community.

5. Among prisoners eligible, priority must be given to those whose expiration of sentence or other release is closest.

6. A prisoner released pursuant to this section may be required to remain on residential confinement for the remainder of his sentence or may be required to participate in another alternative program of supervision.”.

Amend the title of the bill, twentieth line, after “offender;” by inserting: “revising the provisions governing the manner in which prisoners may be released from jail when the jail becomes overcrowed;”.

Senator Amodei moved that the Senate concur in the Assembly amendment to Senate Bill No. 317.

Remarks by Senator Amodei.

Motion carried by a constitutional majority.

Bill ordered enrolled.

Senate Bill No. 327.

The following Assembly amendment was read:

Amendment No. 720.

Amend sec. 2, page 2, by deleting line 38 and inserting: “dispensing pharmacy for the purpose of reissuing the drug to fill other prescriptions for patients in that facility if:”.

Amend sec. 2, page 3, by deleting lines 8 and 9 and inserting: “pursuant to this section may reissue the drug to fill other prescriptions for patients in the same”.

Amend sec. 2, page 3, by deleting lines 13 through 24 and inserting “subsection 5.”.

Amend sec. 2, page 3, line 30, by deleting “pharmacy.” and inserting: “pharmacy pursuant to this section.”.

Amend sec. 2, pages 3 and 4, by deleting lines 40 through 45 on page 3 and lines 1 through 3 on page 4, and inserting:

“(a) Returning and reissuing such drugs pursuant to the provisions of this section.

(b) Maintaining records relating to the return and the use of such drugs to fill other prescriptions.”.

Amend sec. 4, page 4, by deleting lines 12 through 14.

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

Amend sec. 4, page 4, line 17, by deleting “(d)” and inserting “(c)”.

Amend sec. 4, page 4, line 19, by deleting “(e)” and inserting “(d)”.

Senator Rawson moved that the Senate concur in the Assembly amendment to Senate Bill No. 327.

Remarks by Senator Rawson.

Motion carried by a constitutional majority.

Bill ordered enrolled.

Senate Bill No. 394.

The following Assembly amendment was read:

Amendment No. 676.

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

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

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

Senator Amodei moved that the Senate concur in the Assembly amendment to Senate Bill No. 394.

Remarks by Senator Amodei.

Motion carried by a constitutional majority.

Bill ordered enrolled.

Senate Bill No. 59.

The following Assembly amendment was read:

Amendment No. 732.

Amend sec. 2, page 3, line 23, after “application.” by inserting: “An alternative schedule proposed pursuant to this subsection must be developed in consultation with the employee organization representing the licensed employees of the school district. If an alternative schedule is approved pursuant to this subsection, the schedule must be carried out in accordance with the applicable collective bargaining agreement between the school district and the licensed employees of the school district.”.

Senator Rawson moved that the Senate do not concur in the Assembly amendment to Senate Bill No. 59.

Remarks by Senator Rawson.

Motion carried.

Bill ordered transmitted to the Assembly.

Senate Bill No. 94.

The following Assembly amendment was read:

Amendment No. 602.

Amend sec. 2, page 3, by deleting lines 22 through 27.

Amend sec. 2, page 3, line 28, by deleting “5.” and inserting “4.”.

Amend the title of the bill by deleting the fourteenth through nineteenth lines and inserting: “peace officer; and providing other matters properly relating thereto.”.

Senator Rawson moved that the Senate do not concur in the Assembly amendment to Senate Bill No. 94.

Remarks by Senator Rawson.

Motion carried.

Bill ordered transmitted to the Assembly.

Recede From Senate Amendments

Senator Rawson moved that the Senate do not recede from its action on Assembly Bill No. 132, that a conference be requested, and that Madam President appoint a first Conference Committee consisting of three members to meet with a like committee of the Assembly.

Remarks by Senator Rawson.

Motion carried.

Bill ordered transmitted to the Assembly.

Appointment of Conference Committees

Madam President appointed Senators Wiener, Washington and Townsend as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Assembly Bill No. 132.

GENERAL FILE AND THIRD READING

Senate Joint Resolution No. 10.

Resolution read third time.

Roll call on Senate Joint Resolution No. 10:

Yeas—21.

Nays—None.

Senate Joint Resolution No. 10 having received a constitutional majority, Madam President declared it passed.

Resolution ordered transmitted to the Assembly.

Assembly Bill No. 41.

Bill read third time.

Roll call on Assembly Bill No. 41:

Yeas—21.

Nays—None.

Assembly Bill No. 41 having received a constitutional majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 130.

Bill read third time.

Roll call on Assembly Bill No. 130:

Yeas—21.

Nays—None.

Assembly Bill No. 130 having received a two-thirds majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 267.

Bill read third time.

Roll call on Assembly Bill No. 267:

Yeas—21.

Nays—None.

Assembly Bill No. 267 having received a constitutional majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 475.

Bill read third time.

Roll call on Assembly Bill No. 475:

Yeas—21.

Nays—None.

Assembly Bill No. 475 having received a constitutional majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 504.

Bill read third time.

Roll call on Assembly Bill No. 504:

Yeas—21.

Nays—None.

Assembly Bill No. 504 having received a constitutional majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

Assembly Joint Resolution No. 5.

Resolution read third time.

Roll call on Assembly Joint Resolution No. 5:

Yeas—21.

Nays—None.

Assembly Joint Resolution No. 5 having received a constitutional majority, Madam President declared it passed.

Resolution ordered transmitted to the Assembly.

Assembly Joint Resolution No. 6.

Resolution read third time.

Roll call on Assembly Joint Resolution No. 6:

Yeas—21.

Nays—None.

Assembly Joint Resolution No. 6 having received a constitutional majority, Madam President declared it passed.

Resolution ordered transmitted to the Assembly.

Assembly Joint Resolution No. 15.

Resolution read third time.

Roll call on Assembly Joint Resolution No. 15:

Yeas—21.

Nays—None.

Assembly Joint Resolution No. 15 having received a constitutional majority, Madam President declared it passed.

Resolution ordered transmitted to the Assembly.

Assembly Bill No. 502.

Bill read third time.

Roll call on Assembly Bill No. 502:

Yeas—12.

Nays—Amodei, Cegavske, Coffin, Hardy, Mathews, McGinness, Nolan, O'Connell, Tiffany—9.

Assembly Bill No. 502 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

REPORTS OF COMMITTEES

Madam President:

Your Committee on Finance, to which was referred Senate Bill No. 209, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

William J. Raggio, Chairman

Madam President:

Your Committee on Legislative Affairs and Operations, to which was referred Assembly Joint Resolution No. 13, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Also, your Committee on Legislative Affairs and Operations, to which was referred Assembly Bill No. 542, 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 Legislative Affairs and Operations, to which was referred Senate Resolution No. 8, has had the same under consideration, and begs leave to report the same back with the recommendation: Be adopted.

Maurice E. Washington, Chairman

Senator Raggio moved that the Senate recess subject to the call of the Chair.

Motion carried.

Senate in recess at 4:14 p.m.

SENATE IN SESSION

At 5:10 p.m.

President Hunt presiding.

Quorum present.

MOTIONS, RESOLUTIONS AND NOTICES

Senator Washington moved that the action whereby Assembly Bill No. 502 was passed be rescinded.

Remarks by Senator Washington.

Motion carried.

Senator Hardy moved that Assembly Bill No. 144 be taken from the General File and placed on the Secretary’s desk.

Remarks by Senator Hardy.

Senators Neal, Coffin and Shaffer requested a roll call vote on Senator Hardy's motion.

Roll call on Senator Hardy's motion:

Yeas—11.

Nays—Amodei, Care, Carlton, Coffin, Mathews, Neal, Schneider, Titus, Townsend, Wiener—10.

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

GENERAL FILE AND THIRD READING

Senate Bill No. 420.

Bill read third time.

Roll call on Senate Bill No. 420:

Yeas—13.

Nays—Care, Carlton, Coffin, Mathews, Neal, Schneider, Titus, Wiener—8.

Senate Bill No. 420 having failed to received a two-thirds majority, Madam President declared it lost.

Assembly Bill No. 163.

Bill read third time.

Roll call on Assembly Bill No. 163:

Yeas—19.

Nays—Carlton, Titus—2.

Assembly Bill No. 163 having received a two-thirds majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 320.

Bill read third time.

Remarks by Senator Townsend.

Roll call on Assembly Bill No. 320:

Yeas—11.

Nays—Cegavske, Hardy, McGinness, O'Connell, Raggio, Rawson, Shaffer, Tiffany, Townsend, Washington—10.

Assembly Bill No. 320 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 358.

Bill read third time.

Roll call on Assembly Bill No. 358:

Yeas—18.

Nays—Carlton, McGinness, O'Connell—3.

Assembly Bill No. 358 having received a two-thirds majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 394.

Bill read third time.

Roll call on Assembly Bill No. 394:

Yeas—21.

Nays—None.

Assembly Bill No. 394 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 401.

Bill read third time.

Roll call on Assembly Bill No. 401:

Yeas—20.

Nays—Neal.

Assembly Bill No. 401 having received a two-thirds majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 514.

Bill read third time.

Remarks by Senators McGinness and Titus.

Roll call on Assembly Bill No. 514:

Yeas—21.

Nays—None.

Assembly Bill No. 514 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

MOTIONS, RESOLUTIONS AND NOTICES

Senator Rhoads moved that the action whereby Assembly Bill No. 320 was passed be rescinded.

Remarks by Senator Rhoads.

Motion carried.

GENERAL FILE AND THIRD READING

Assembly Bill No. 529.

Bill read third time.

Roll call on Assembly Bill No. 529:

Yeas—21.

Nays—None.

Assembly Bill No. 529 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 536.

Bill read third time.

Roll call on Assembly Bill No. 536:

Yeas—19.

Nays—Carlton, Titus—2.

Assembly Bill No. 536 having received a two-thirds majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 541.

Bill read third time.

Roll call on Assembly Bill No. 541:

Yeas—21.

Nays—None.

Assembly Bill No. 541 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 21.

Bill read third time.

Roll call on Assembly Bill No. 21:

Yeas—21.

Nays—None.

Assembly Bill No. 21 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 168.

Bill read third time.

Roll call on Assembly Bill No. 168:

Yeas—21.

Nays—None.

Assembly Bill No. 168 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Senator Washington moved that the Senate recess subject to the call of the Chair.

Motion carried.

Senate in recess at 5:32 p.m.

SENATE IN SESSION

At 5:43 p.m.

President Hunt presiding.

Quorum present.

Assembly Bill No. 223.

Bill read third time.

Roll call on Assembly Bill No. 223:

Yeas—14.

Nays—Cegavske, Hardy, O'Connell, Rawson, Tiffany, Townsend—6.

Not Voting—Raggio.

Assembly Bill No. 223 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 502.

Bill read third time.

Roll call on Assembly Bill No. 502:

Yeas—11.

Nays—Amodei, Cegavske, Coffin, Hardy, McGinness, Nolan, O'Connell, Tiffany, Washington—9.

Not Voting—Raggio.

Assembly Bill No. 502 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 320.

Bill read third time.

Roll call on Assembly Bill No. 320:

Yeas—9.

Nays—Cegavske, Hardy, McGinness, Nolan, O'Connell, Raggio, Rawson, Rhoads, Shaffer, Tiffany, Townsend, Washington—12.

Assembly Bill No. 320 having failed to receive a constitutional majority, Madam President declared it lost.

MOTIONS, RESOLUTIONS AND NOTICES

Senator Mathews moved that the action whereby Senate Bill No. 420 was lost be rescinded.

Remarks by Senator Mathews.

Motion carried.

GENERAL FILE AND THIRD READING

Senate Bill No. 420.

Bill read third time.

Roll call on Senate Bill No. 420:

Yeas—19.

Nays—O'Connell, Tiffany—2.

Senate Bill No. 420 having received a two-thirds majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Senator Raggio moved that the Senate recess subject to the call of the Chair.

Motion carried.

Senate in recess at 5:49 p.m.

SENATE IN SESSION

At 6:06 p.m.

President Hunt presiding.

Quorum present.

MOTIONS, RESOLUTIONS AND NOTICES

Senator Raggio moved that Assembly Bill No. 287 be taken from the Secretary's desk and placed on the General File.

Remarks by Senator Raggio.

Motion carried.

GENERAL FILE AND THIRD READING

Assembly Bill No. 287.

Bill read third time.

Roll call on Assembly Bill No. 287:

Yeas—21.

Nays—None.

Assembly Bill No. 287 having received a constitutional majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

Senator Raggio moved that the Senate recess subject to the call of the Chair.

Motion carried.

Senate in recess at 6:08 p.m.

SENATE IN SESSION

At 6:17 p.m.

President Hunt presiding.

Quorum present.

WAIVERS AND EXEMPTIONS

Waiver of Joint Standing Rule(s)

A Waiver requested by Senator Raggio and Speaker Perkins

For: Senate Bill No. 66.

To Waive:

Subsections 1 and 2 of Joint Standing Rule No. 14 and Joint Standing Rule Nos. 14.2 and 14.3.

Has been granted effective: May 23, 2003.

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

A Waiver requested by Senator Raggio and Speaker Perkins

For: Senate Bill No. 355.

To Waive:

Subsections 1 and 2 of Joint Standing Rule No. 14 and Joint Standing Rule Nos. 14.2 and 14.3.

Has been granted effective: May 23, 2003.

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

A Waiver requested by Senator Raggio and Speaker Perkins

For: Senate Bill No. 471.

To Waive:

Subsections 1 and 2 of Joint Standing Rule No. 14 and Joint Standing Rule Nos. 14.2 and 14.3.

Has been granted effective: May 23, 2003.

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

A Waiver requested by Senator Raggio and Speaker Perkins

For: Assembly Bill No. 417.

To Waive:

Subsections 1 and 2 of Joint Standing Rule No. 14 and Joint Standing Rule Nos. 14.2 and 14.3 .

Has been granted effective: May 23, 2003.

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

MOTIONS, RESOLUTIONS AND NOTICES

Senator Townsend moved that the action whereby Assembly Bill No. 320 was lost be rescinded.

Remarks by Senator Townsend.

Motion carried.

Senator Raggio moved that Assembly Bill No. 320 be taken from the General File and placed on the Secretary’s desk.

Remarks by Senator Raggio.

Motion carried.

Senator Raggio moved that the Senate recess subject to the call of the Chair.

Motion carried.

Senate in recess at 6:22 p.m.

SENATE IN SESSION

At 7:05 p.m.

President Hunt presiding.

Quorum present.

Senator Raggio moved that Assembly Bill No. 320 be taken from the Secretary’s desk and re-referred to the Committee on Finance.

Remarks by Senator Raggio.

Motion carried.

Senator Rawson moved that the action whereby Assembly amendment No. 602 to Senate Bill No. 94 was not concurred in be rescinded.

Remarks by Senator Rawson.

Motion carried.

UNFINISHED BUSINESS

Consideration of Assembly Amendments

Senate Bill No. 94.

The following Assembly amendment was read:

Amendment No. 602.

Amend sec. 2, page 3, by deleting lines 22 through 27.

Amend sec. 2, page 3, line 28, by deleting “5.” and inserting “4.”.

Amend the title of the bill by deleting the fourteenth through nineteenth lines and inserting: “peace officer; and providing other matters properly relating thereto.”.

Senator Rawson moved that the Senate concur in the Assembly amendment to Senate Bill No. 94.

Remarks by Senator Rawson.

Motion carried by a constitutional majority.

Bill ordered enrolled.

Signing of Bills and Resolutions

There being no objections, the President and Secretary signed Senate Bills Nos. 7, 8, 40, 43, 48, 50, 70, 83, 89, 105, 186, 197, 248, 266, 276, 281, 283, 299, 310, 313, 315, 322, 362, 363, 373, 378, 383, 387, 396, 401, 405, 408, 410, 422, 427, 429, 437, 483; Senate Concurrent Resolutions Nos. 7, 10, 19; Assembly Bills Nos. 153, 205, 294, 304, 315, 361, 419, 437, 485, 488, 507, 522; Assembly Joint Resolution No. 4.

GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR

On request of Senator Carlton, the privilege of the floor of the Senate Chamber for this day was extended to the following students and faculty from the Fay Herron Elementary School: Dana Arce-Escobar, Joselin Chavarria, Victor Corona, Jackie De Los Santos, Juanita Diaz, Rogelio Fajardo, Araceli Flares, Oscar Garcia, Tania Gavia-Rosales, Danielle Jones, Fernando Magallenes, Edgar Martinez, Gustavo Nieves, Nayeli Palacios, Andrew Paredes, Karla Rodriguez, Rosa Rojas, Miriam Salgado, Amanda Smith, Daniel Valencia, Aurora Wilson, Nancy Ayala, Alejandro Barraza, Noe Castro, Wendy Chavez, Tania Davila, Rosendo De Loa, Jose Esparza, Rosalinda Espinoza, Erik Hernandez, Martha Jara, Brandon McFarling‑Davis, Xavier Ortiz, Gyan Carlo Parra, Ana Riviera, Oscar Rodriguez, Raven Ruiz, Rodrigo Sierra-Bernal, Jonathan Blanco, Jose Chacon, Stephanie Cisneros, Benito Esparaza, Jesus Lopez-Ruiz, Giselle Lozoya, Yesenia Martinez, Carla Medina, Nemisio Montano, Angel Ojeda, Alejandro Ortega, Nataly Riviera-Ortiz, Jose Rosales-Portill, Kenneth Spaight, Alejandra Vera, Jazmin Aragon, Ivette Ramos, Noemy Garcia, Elizabeth Guillen, Ashley Davidson, Jennifer Cerna, Perla Orozco, Terri Kinser, Karla Aranda, Gabriela Lara, Raymond Scarbo, Alvaro Mejia, Javier Rios, Edgar Rodarte, Edgar Martinez-Flores, Eric Cerritos, Francisco DeLa Cruz, Jhonatan Palacios, Andres Velasquez, Rodolfo Gonzalez, Alex Carrasco, Miguel Carrasco, Yaritza Carillo, Sergio Gutierrez, Rigo Hernandez, Juan Mardueno, John Morales, Miguel Pineda, Raul Rico, Alex Rivera Yaritza Silva, Mike Roche, Juan Ortega, Valentino Cruz, Julieta Atilano, Isabel Rosales, Graciela Rodriguez, Adriana Rivera, Ashley Plaskett, Brittany Flores, Bridgette Olivo, Dylan Hansen, Jesus Calderon, Karen Dunas, Ignacio Mendoza, Nickole Whitworth, Gabriel Aguirre, Elizabeth Mendez, Chris Parmley, Luis Vargas, Daniel McDonald, Marybel Castrejon, Camerina Favela, Ariane Steffan, Kim Deming, George Ullom, Shelia Gilchrist, Scott Siverhus, Don Newell, Sara Lavarna, Miriam Qauintana, Leticia Quintana, Elizabeth Bodwell, Luzceli Castillo, Jessamine Chavez, Ramon Contreras, Shamel David, Jesus Flores, Jocelyn Jaime, Edgar Mata, Rodrigo Mendoza, Brittney Ortiz, Anthony Pintor, Genevieve Rendor, Alexis Reynosa, Steven Roche, Ariana Rodriguez, Perla Romero, Emmry Aguinaga, Brianda Carreon, Biridiana Cruz-Bernal, Ivan Lopez, Eduardo Guzman-Mota, Manuel Roman, Jacob Quintana, Jose DeLaCruz, Robert Simmons, Ana Villazana, Destiny Nelson, Renelle Saul, Maria Topete, Jessica Nunez, Tania Regalado, Andrea Ramon; faculty: Craig Van Tine and Miranda Mace.

On request of Senator McGinness, the privilege of the floor of the Senate Chamber for this day was extended to Jason Sanderson, John Sanderson and Elizabeth Sanderson.

On request of Senator Nolan, the privilege of the floor of the Senate Chamber for this day was extended to Joey Nolan and Ryan Nolan.

On request of Senator Raggio, the privilege of the floor of the Senate Chamber for this day was extended to Joy Amodei, Lyla Mill and the following students from the Sierra Nevada Job Corps Center: Remi Surges, Jennifer Grano, Conrad Kiyoshi, Jimmy Rodarte, Cory Bliss, Cristal Becerra, Marisa D'Mateo, Dawn Hollins, Elizabeth Gonzales and GSA Adviser: Dean Stonecipher.

On request of Senator Titus, the privilege of the floor of the Senate Chamber for this day was extended to Betty Titus.

Senator Raggio moved that the Senate adjourn until Saturday, May 24, 2003, at 11 a.m.

Motion carried.

Senate adjourned at 7:09 p.m.

Approved: Lorraine T. Hunt

President of the Senate

Attest: Claire J. Clift

Secretary of the Senate